Vindiciæ juris regii, or Remarques upon a paper, entitled, An enquiry into the measures of submission to the supream authority
         Collier, Jeremy, 1650-1726.
      
       
         
           1689
        
      
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             Vindiciæ juris regii, or Remarques upon a paper, entitled, An enquiry into the measures of submission to the supream authority
             Collier, Jeremy, 1650-1726.
          
           [4], 48 p.
           
             [s.n.],
             London :
             1689.
          
           
             Reproduction of original in Huntington Library.
             Attributed to Jeremy Collier. cf. BM.
             Errata: p. [3].
          
        
      
    
     
       
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           Burnet, Gilbert, 1643-1715. -- Enquiry into the measures of submission.
           Government, Resistance to.
           Church and state -- Church of England.
           Great Britain -- Politics and government -- 1660-1714
        
      
    
     
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             VINDICIAE
             IURIS
             REGII
          
           :
           OR
           ,
           REMARQUES
           UPON
           A
           PAPER
           ,
           Entituled
           ,
           AN
           ENQUIRY
           INTO
           THE
           MEASURES
           of
           SUBMISSION
           TO
           THE
           Supream
           Authority
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           Year
           MDCLXXXIX
           .
        
      
       
         
         
         
           ERRATA
           .
        
         
           PAge
           11.
           line
           5.
           after
           Ingulphus
           ,
           add
           Hist.
           Croyl
           .
           p.
           15.
           l.
           17.
           for
           Liberty
           read
           Liberties
           .
           p.
           21.
           l.
           5.
           for
           Liberties
           r.
           Liberty
           .
           Ibid.
           l.
           34.
           for
           Canquered
           r.
           Conquered
           .
           p.
           28.
           l.
           26.
           f.
           Felo
           r.
           Felo's
           .
           p.
           30.
           l.
           3.
           f.
           Distracted
           r.
           Disgusted
           .
           p.
           31.
           l.
           18.
           f.
           parts
           r.
           starts
           .
           p.
           32.
           l.
           28.
           f.
           Salves
           r.
           Salvo's
           .
           Ibid.
           l.
           ult
           .
           f.
           into
           experience
           r.
           in
           experience
           .
           p.
           34.
           l.
           14
           f.
           those
           r.
           these
           .
           p.
           36.
           l.
           16.
           after
           of
           ,
           add
           that
           .
           pag.
           37.
           l.
           31.
           for
           unjustifybale
           r.
           unjustifyable
           .
           p.
           40.
           l.
           20.
           f.
           strow'd
           r.
           allow'd
           .
           p.
           41.
           l.
           7.
           f.
           as
           in
           r.
           is
           in
           .
           p.
           42.
           l.
           28.
           after
           from
           ,
           add
           the.
           Ibid.
           l.
           34.
           f.
           ahainst
           r.
           against
           .
           p.
           43.
           l.
           13.
           f.
           purose
           r.
           purpose
           .
           Ibid.
           l.
           21.
           f.
           Character
           r.
           Charter
           .
           p.
           45.
           l.
           4.
           f.
           as
           its
           r.
           it
           s
           as
           .
           p.
           46.
           l.
           ult
           .
           f.
           penalty
           r.
           penaltys
           .
           p.
           48.
           l.
           25.
           after
           more
           add
           of
           .
           Ibid.
           l.
           30.
           f.
           th●
           Charge
           r.
           their
           Charge
           .
        
      
    
     
       
         
         
         
           
             VINDICIAE
             IURIS
             REGII
          
           :
           OR
           REMARQUES
           UPON
           A
           PAPER
           ,
           Entituled
           ,
           An
           Enquiry
           into
           the
           Measures
           of
           Submission
           to
           the
           Supream
           Authority
           .
        
         
           ONE
           Reason
           why
           I
           did
           not
           Answer
           this
           Extraordinary
           Enquiry
           any
           sooner
           ,
           was
           because
           the
           generality
           of
           the
           Nation
           ,
           at
           the
           first
           publishing
           it
           ,
           had
           their
           imaginations
           so
           much
           disturbed
           with
           Lies
           and
           Imposture
           ;
           that
           till
           the
           strength
           of
           the
           Charm
           was
           a
           little
           spent
           ,
           there
           was
           no
           dealing
           with
           them
           :
           But
           now
           since
           they
           are
           come
           to
           themselves
           ,
           and
           the
           Eclipse
           of
           their
           Understandings
           is
           pretty
           well
           over
           ;
           I
           will
           venture
           to
           shew
           them
           the
           False
           and
           Dangerous
           Reasonings
           of
           this
           Paper
           if
           I
           can
           .
        
         
           Our
           Author
           laies
           it
           down
           for
           
             certain
             ,
             That
             the
             Law
             of
             Nature
             has
          
           
           
             put
             no
             difference
             ,
             or
             subordination
             among
             Men
             ,
             except
             it
             be
             that
             of
             Children
             to
             Parents
             ,
             or
             of
             Wives
             to
             their
             Husbands
             ;
             so
             that
             with
             relation
             to
             the
             Law
             of
             Nature
             ,
             all
             Men
             are
             born
             Free.
          
           What
           ?
           Born
           free
           ,
           and
           in
           subordination
           to
           their
           Parents
           too
           !
           that
           is
           somewhat
           hard
           :
           This
           Priviledge
           ,
           according
           to
           his
           own
           Reasoning
           ,
           has
           been
           out
           of
           doors
           long
           since
           ,
           and
           could
           never
           be
           claimed
           by
           any
           but
           those
           who
           immediately
           descended
           from
           
             Lucratius's
             Bladders
          
           .
           If
           he
           means
           ,
           that
           we
           are
           naturally
           subject
           to
           none
           but
           our
           Parents
           and
           Husbands
           ;
           this
           ,
           I
           believe
           ,
           will
           not
           hold
           neither
           .
           For
           it
           seems
           pretty
           plain
           from
           Scripture
           ,
           That
           the
           Younger
           Children
           are
           all
           born
           under
           the
           jurisdiction
           of
           their
           Elder
           Brother
           .
           I
           shall
           only
           mention
           Two
           Texts
           in
           proof
           of
           this
           Proposition
           :
           The
           First
           is
           ,
           Gen.
           4.
           7.
           where
           God
           gives
           Cain
           a
           superiority
           over
           his
           Younger
           Brother
           Abel
           ,
           in
           the
           same
           Words
           in
           which
           he
           had
           before
           granted
           it
           to
           Adam
           over
           Eve.
           Now
           it
           is
           generally
           acknowledged
           ,
           that
           Adam
           was
           her
           King
           ,
           as
           well
           as
           her
           Husband
           .
           The
           Enquirer
           himself
           owns
           thus
           much
           ,
           by
           saying
           ,
           
             That
             Matrimony
             naturally
             puts
             a
             Woman
             into
             a
             state
             of
             Subjection
             .
          
           Now
           this
           Authority
           which
           was
           given
           to
           Cain
           ,
           seems
           to
           be
           a
           standing
           Priviledge
           of
           Primogeniture
           ,
           for
           the
           better
           Government
           of
           Families
           :
           For
           
           Cain's
           behaviour
           was
           not
           so
           meritorious
           as
           to
           deserve
           an
           Extraordinary
           Favour
           ;
           neither
           had
           Abel
           done
           any
           thing
           to
           forfeit
           his
           Natural
           Liberty
           .
           If
           it
           is
           objected
           ,
           that
           this
           Priviledge
           of
           Cain
           ,
           thus
           interpreted
           ,
           destroys
           
           Adam's
           Patriarchal
           Authority
           ,
           sets
           up
           Two
           Concurrent
           Jurisdictions
           ,
           and
           makes
           the
           Younger
           Children
           subject
           to
           Two
           Independent
           Princes
           ,
           their
           Father
           and
           Elder
           Brother
           .
        
         
           To
           this
           I
           Answer
           ,
           That
           this
           Inconvenience
           will
           not
           follow
           ,
           provided
           this
           reasonable
           Supposition
           be
           but
           allowed
           ,
           viz.
           That
           the
           Exercise
           of
           this
           Prerogative
           of
           Birth-right
           ,
           was
           not
           to
           Commence
           immediately
           upon
           the
           Grant
           ,
           but
           to
           lie
           Dormant
           till
           
           Adam's
           Decease
           ,
           as
           being
           no
           more
           than
           a
           Reversion
           of
           Power
           .
        
         
           The
           other
           Text
           is
           ,
           Gen.
           49.
           3.
           where
           Reuben
           ,
           according
           to
           the
           Hebrew
           way
           of
           speaking
           ,
           is
           called
           the
           Excellency
           of
           Dignity
           ,
           and
           the
           Excellency
           of
           Power
           :
           That
           is
           ,
           He
           was
           to
           have
           been
           by
           virtue
           of
           his
           Primogeniture
           ,
           a
           Person
           of
           the
           greatest
           Quality
           and
           Authority
           in
           the
           Family
           .
           For
           though
           God
           deprived
           him
           of
           this
           Honor
           upon
           the
           account
           of
           his
           Incest
           ;
           yet
           the
           manner
           of
           his
           Father's
           Reproof
           does
           sufficiently
           discover
           his
           Natural
           Right
           .
           And
           therefore
           the
           Learned
           Grotius
           observes
           upon
           this
           Place
           ,
           and
           upon
           Deut.
           21.
           17.
           
           That
           Elder
           Brothers
           ,
           as
           such
           ,
           had
           not
           only
           the
           Advantage
           of
           a
           double
           Portion
           of
           Inheritance
           ,
           but
           were
           likewise
           Priests
           and
           Princes
           in
           their
           Families
           .
           Now
           if
           the
           Younger
           Children
           ought
           always
           to
           be
           governed
           either
           by
           their
           Father
           ,
           their
           Elder
           Brother
           ,
           or
           those
           who
           claim
           under
           him
           ;
           then
           certainly
           the
           State
           of
           Nature
           is
           not
           such
           a
           State
           of
           Liberty
           ,
           as
           the
           Enquirer
           supposes
           .
           
           But
           this
           Patriarchal
           Nation
           ,
           being
           not
           much
           material
           to
           the
           present
           Dispute
           ,
           I
           shall
           insist
           no
           farther
           upon
           it
           .
        
         
           His
           Second
           Section
           continues
           us
           in
           our
           
             Original
             Liberty
          
           ,
           and
           therefore
           ,
           I
           suppose
           ,
           it
           's
           design'd
           to
           inform
           Independent
           Governors
           ,
           of
           the
           Right
           the
           Law
           of
           Nature
           allows
           them
           to
           defend
           themselves
           ,
           and
           how
           far
           they
           may
           proceed
           for
           Reparation
           of
           Injuries
           .
           His
           Assertion
           is
           ,
           That
           
             the
             Duty
             of
             Self-preservation
             exerts
             it self
             in
             Instances
             of
             two
             sorts
             ;
             either
             in
             resisting
             Violent
             Aggressors
             ,
             or
             in
             taking
             Iust
             Revenges
             of
             those
             who
             have
             Invaded
             us
             so
             secretly
             ,
             that
             we
             could
             not
             prevent
             them
             ;
             and
             so
             violently
             ,
             that
             we
             could
             not
             resist
             them
             :
             In
             which
             Cases
             ,
             Self-preservation
             warrants
             us
             ,
             both
             to
             recover
             what
             is
             our
             own
             ,
             with
             Iust
             Damages
             ,
             and
             also
             to
             put
             such
             Unjust
             Persons
             out
             of
             a
             Capacity
             of
             doing
             the
             like
             Injuries
             any
             more
             ,
             either
             to
             our selves
             or
             others
             .
          
           But
           here
           we
           may
           observe
           ,
        
         
           First
           ,
           That
           the
           Case
           is
           very
           Generally
           ,
           and
           consequently
           Obsourely
           Stated
           :
           For
           we
           are
           not
           at
           all
           enlightned
           about
           the
           Measures
           of
           those
           
             Iust
             Revenges
             and
             Damages
          
           :
           But
           this
           Point
           is
           Prudently
           left
           to
           the
           Ignorance
           ,
           Ambition
           ,
           and
           Ill-nature
           of
           every
           Man
           ,
           to
           interpret
           as
           he
           pleases
           .
           And
           least
           we
           should
           not
           revenge
           our selves
           deep
           enough
           ,
           the
           Enquirer
           gives
           us
           this
           Encouragement
           ,
           
             That
             Self-preservation
             warrants
             us
             to
             put
             such
             Unjust
             Persons
             out
             of
             a
             Capacity
             ,
          
           &c.
           
           That
           is
           ,
           If
           we
           were
           in
           the
           State
           of
           Nature
           ,
           we
           ought
           to
           Kill
           ,
           Dismember
           ,
           or
           lay
           every
           Man
           in
           Chains
           ,
           who
           has
           done
           us
           any
           injury
           ,
           great
           or
           small
           ,
           (
           for
           our
           Author
           makes
           no
           Exceptions
           for
           Mercy
           )
           it
           being
           impossible
           to
           disable
           him
           without
           proceeding
           to
           this
           Rigour
           ;
           for
           as
           long
           as
           he
           has
           Life
           ,
           Limbs
           ,
           or
           Liberty
           ,
           he
           may
           do
           the
           World
           a
           Mischief
           with
           them
           ,
           if
           he
           has
           a
           mind
           to
           it
           .
           But
           ,
        
         
           Secondly
           ,
           I
           do
           not
           understand
           what
           Advantage
           the
           Enquirer
           can
           make
           of
           this
           Terrible
           Denuntiation
           against
           
             Aggressors
             and
             Invaders
          
           ;
           I
           much
           question
           whether
           he
           has
           Fortified
           his
           own
           Security
           by
           this
           way
           of
           Reasoning
           .
           But
           possibly
           this
           Battery
           is
           raised
           against
           the
           French
           King
           ,
           for
           the
           Service
           of
           the
           Empire
           :
           For
           he
           has
           seemed
           to
           wish
           ,
           some
           years
           since
           ,
           
             That
             the
             Grand
          
           Louis
           
             might
             be
             reduced
             to
             an
             humbler
             Figure
             .
          
           Indeed
           that
           Monarch
           (
           if
           he
           be
           not
           misrepresented
           )
           is
           considerably
           to
           blame
           for
           sending
           an
           Army
           against
           the
           Empire
           ,
           without
           giving
           notice
           of
           it
           first
           ,
           or
           demanding
           Satisfaction
           in
           a
           Publick
           and
           Peaceable
           Way
           .
           These
           Unproclaimed
           Expeditions
           have
           been
           always
           thought
           unjustifiable
           ,
           and
           contrary
           to
           the
           Law
           of
           Nature
           and
           Nations
           .
           For
           those
           who
           have
           a
           Just
           Tenderness
           for
           the
           Lives
           of
           Men
           ;
           who
           have
           any
           Regard
           to
           Justice
           ,
           or
           the
           
             Repose
             of
             Christendom
          
           ,
           will
           try
           all
           other
           Arguments
           before
           they
           Dispute
           the
           Cause
           at
           the
           Swords
           Point
           .
           For
           ,
           besides
           the
           Roughness
           of
           such
           a
           Method
           ,
           if
           Princes
           should
           make
           a
           practise
           of
           Invading
           each
           other
           without
           warning
           ,
           Men
           would
           be
           almost
           obliged
           to
           
           sleep
           in
           Armour
           ,
           and
           the
           World
           must
           be
           always
           kept
           up
           in
           a
           posture
           of
           Defence
           ,
           for
           fear
           of
           being
           surprized
           :
           Now
           this
           would
           be
           a
           very
           troublesome
           and
           expensive
           way
           of
           Living
           ;
           and
           make
           all
           Neighbouring
           Kingdoms
           especially
           ,
           very
           distrustful
           of
           ,
           and
           disaffected
           towards
           each
           other
           .
           I
           know
           His
           most
           Christian
           Majesty
           complains
           in
           his
           Memorial
           ,
           That
           He
           has
           been
           ill
           used
           by
           the
           Court
           of
           Vienna
           ;
           but
           then
           He
           might
           have
           pleased
           to
           have
           told
           the
           Emperor
           so
           ,
           before
           the
           Siege
           of
           Philipsburgh
           .
           And
           the
           Action
           was
           still
           more
           Unaccountable
           ,
           if
           he
           went
           (
           as
           who
           knows
           but
           he
           might
           )
           upon
           the
           bare
           Presumption
           of
           an
           Injury
           ,
           and
           relyed
           upon
           the
           Intelligence
           of
           a
           few
           Sceptical
           ,
           Obnoxious
           ,
           and
           Discontented
           Germans
           ,
           who
           lay
           under
           the
           Imperial
           Bann
           .
           And
           to
           mention
           nothing
           further
           ,
           if
           this
           very
           Disputable
           Right
           was
           only
           an
           Expectancy
           which
           would
           have
           admitted
           of
           
             Slow
             Forms
          
           ,
           and
           kept
           cold
           well
           enough
           till
           had
           fallen
           ;
           as
           any
           one
           might
           fairly
           conclude
           from
           the
           Numbers
           ,
           and
           Inclinations
           of
           his
           Friends
           in
           the
           Empire
           ;
           this
           was
           a
           further
           Aggravation
           of
           the
           Unreasonableness
           of
           his
           War.
           I
           confess
           ,
           if
           all
           these
           hard
           things
           are
           true
           of
           the
           French
           King
           ,
           I
           don't
           wonder
           if
           the
           Enquirer
           has
           levelled
           a
           whole
           Paragraph
           against
           Him
           ;
           and
           I
           wish
           the
           Emperor
           may
           recover
           
             just
             Damages
             for
             so
             Secret
             and
             Violent
             an
             Invasion
             .
          
        
         
           All
           this
           while
           we
           have
           been
           Kings
           and
           Emperors
           ,
           but
           now
           we
           must
           Reign
           over
           our selves
           no
           longer
           ,
           but
           descend
           into
           the
           Melancholy
           state
           of
           Subjection
           .
           However
           ,
           to
           do
           the
           Author
           right
           ,
           he
           has
           put
           the
           Yoak
           on
           so
           favourably
           ,
           that
           whenever
           we
           find
           it
           galls
           us
           we
           may
           throw
           it
           off
           again
           ,
           and
           return
           to
           our
           former
           Independency
           .
           For
           he
           gives
           us
           to
           to
           understand
           ,
           Sect.
           3.
           
           That
           
             the
             True
             and
             Original
             Notion
             of
             Civil
             Society
             and
             Government
             ,
             is
             ,
             that
             is
             a
             Com-promise
             made
             by
             such
             a
             Body
             of
             Men
             ,
             by
             which
             they
             resign
             up
             the
             right
             of
             demanding
             Reparations
             either
             in
             the
             way
             of
             Iustice
             against
             one
             another
             ;
             or
             in
             the
             way
             of
             War
             against
             their
             Neighbours
             ;
             to
             such
             a
             single
             Person
             ;
             or
             to
             such
             a
             Body
             of
             Men
             as
             they
             think
             fit
             to
             trust
             with
             this
             .
          
           Now
           not
           to
           Examine
           how
           our
           Author
           comes
           to
           know
           that
           the
           Original
           Notion
           of
           Society
           was
           the
           True
           one
           .
           It
           's
           pretty
           apparent
           his
           Notion
           of
           it
           is
           neither
           Original
           ,
           nor
           True
           ;
           not
           Original
           ,
           because
           it
           does
           not
           comprehend
           the
           most
           Antient
           beginning
           of
           Government
           ,
           viz.
           Paternal
           Authority
           and
           Conquest
           ;
           in
           which
           Cases
           Men
           have
           not
           the
           liberty
           of
           Articling
           for
           Priviledges
           ,
           but
           must
           submit
           to
           their
           Parents
           ,
           and
           Conquerors
           ,
           whether
           they
           think
           fit
           to
           trust
           them
           or
           not
           .
        
         
           Secondly
           ,
           His
           Notion
           is
           defective
           in
           Point
           of
           Truth
           ;
           for
           he
           has
           only
           restrained
           his
           Men
           from
           Acting
           Arbitrarily
           upon
           one
           another
           ,
           or
           from
           Fighting
           a
           Foreign
           State
           without
           Commission
           ;
           but
           as
           for
           their
           Governours
           ,
           they
           may
           resist
           them
           ,
           for
           all
           his
           Diffinition
           ,
           when
           they
           please
           ;
           for
           having
           
             resigned
             nothing
             but
             their
             right
             of
             demanding
             Reparations
             ,
          
           either
           in
           the
           way
           of
           Justice
           or
           War
           ,
           against
           their
           Fellow
           Subjects
           ,
           or
           Neighbouring
           
           States
           ;
           it
           follows
           that
           one
           Branch
           of
           their
           Natural
           Liberty
           is
           reserved
           to
           them
           ,
           to
           Fight
           their
           Prince
           with
           upon
           Occasion
           .
           This
           Conclusion
           ,
           if
           we
           had
           nothing
           else
           to
           infer
           it
           ,
           follows
           evidently
           from
           his
           own
           Principle
           ;
           for
           since
           Government
           is
           only
           a
           Trust
           committed
           by
           the
           People
           to
           a
           
             Single
             Person
             ,
             &c.
          
           and
           
             all
             Trusts
          
           ,
           as
           he
           affirms
           in
           this
           Section
           ,
           
             by
             their
             Nature
             import
             ,
             that
             those
             to
             whom
             they
             are
             given
             ,
             are
             accountable
             .
          
           Nothing
           is
           more
           plain
           ,
           then
           that
           they
           may
           discharge
           themselves
           from
           Subjection
           whenever
           they
           shall
           think
           fit
           to
           say
           ,
           
             Their
             Governours
             have
             not
             kept
             Touch
             with
             them
             .
          
        
         
           He
           proceeds
           to
           tell
           us
           ,
           That
           the
           
             Executive
             Power
          
           ,
           when
           separated
           from
           the
           Legislative
           ,
           is
           a
           
             plain
             Trust
          
           ,
           and
           no
           more
           than
           a
           Subordinate
           Authority
           .
        
         
           From
           hence
           we
           may
           observe
           ,
           First
           ,
           That
           by
           this
           Authors
           Concessions
           ,
           the
           People
           have
           not
           the
           Legislative
           Authority
           ,
           for
           he
           owns
           part
           of
           it
           is
           in
           the
           King
           ;
           from
           whence
           it
           follows
           ,
           that
           the
           whole
           Body
           of
           the
           People
           is
           not
           the
           Supream
           Authority
           ,
           nor
           consequently
           can
           call
           their
           Prince
           to
           Account
           ,
           without
           his
           own
           Consent
           .
        
         
           Secondly
           ,
           That
           part
           of
           the
           Legislative
           Authority
           ,
           which
           is
           lodged
           in
           the
           People
           ,
           is
           not
           given
           them
           at
           large
           ,
           to
           be
           exerted
           at
           their
           pleasure
           ,
           but
           depends
           upon
           Stated
           Rules
           and
           Limitations
           ,
           and
           can
           only
           be
           exercised
           by
           their
           Representatives
           in
           Parliament
           .
           Nay
           ,
           it
           's
           so
           precarious
           a
           Privilege
           ,
           that
           without
           the
           King's
           leave
           ,
           they
           can
           never
           make
           use
           of
           it
           ;
           for
           it
           's
           neither
           Lawful
           for
           them
           to
           Convene
           themselves
           ,
           nor
           yet
           to
           Sit
           any
           longer
           than
           the
           King
           pleases
           :
           For
           though
           there
           is
           an
           Act
           for
           a
           Triennial
           Parliament
           ,
           yet
           if
           the
           King
           Omits
           the
           Calling
           of
           them
           within
           that
           time
           ,
           there
           is
           no
           provision
           made
           to
           Assemble
           themselves
           ;
           which
           is
           an
           Evidence
           this
           Power
           was
           never
           conveyed
           to
           them
           by
           this
           Act
           :
           For
           if
           it
           had
           ,
           the
           Methods
           of
           putting
           it
           in
           Execution
           would
           have
           been
           Adjusted
           ;
           And
           if
           the
           King
           should
           refuse
           to
           Issue
           out
           Writs
           ,
           the
           Chancellor
           would
           have
           been
           Authorized
           to
           do
           it
           :
           Which
           Power
           upon
           the
           Suppositition
           of
           intermediate
           Failures
           ,
           would
           have
           been
           handed
           down
           as
           low
           as
           the
           petty
           Constables
           ,
           as
           it
           was
           proposed
           by
           the
           Parliament
           Assembled
           in
           40
           to
           Charles
           the
           First
           .
           Now
           if
           the
           People
           have
           no
           share
           in
           making
           of
           Laws
           ,
           but
           by
           Representation
           in
           Parliament
           ,
           and
           the
           Being
           of
           this
           Assembly
           depends
           upon
           the
           Prince's
           pleasure
           ,
           then
           either
           the
           King
           is
           the
           Supream
           Authority
           in
           the
           Intervals
           of
           Parliament
           (
           which
           may
           be
           as
           long
           as
           the
           Crown
           thinks
           fit
           )
           or
           else
           there
           is
           no
           such
           thing
           as
           a
           Supream
           Authority
           in
           the
           Nation
           ,
           and
           consequently
           no
           Government
           .
           Further
           ,
           when
           the
           Two
           Houses
           are
           actually
           Convened
           ,
           when
           they
           are
           Dictating
           Law
           and
           Justice
           to
           the
           Nation
           ,
           and
           Cloathed
           with
           all
           the
           Advantages
           of
           Solemnity
           and
           Power
           ,
           they
           are
           then
           no
           more
           than
           Subjects
           ,
           they
           are
           lyable
           to
           the
           highest
           Penalties
           ,
           if
           they
           are
           proved
           guilty
           of
           those
           Crimes
           
           which
           deserve
           them
           ,
           for
           Felony
           and
           Treason
           are
           expresly
           excepted
           out
           of
           their
           Privileges
           .
        
         
           But
           to
           consute
           the
           Author's
           Notion
           of
           Government
           more
           fully
           ,
           and
           especially
           to
           make
           his
           Application
           of
           it
           Unserviceable
           ,
           I
           shall
           endeavour
           to
           prove
           Two
           things
           against
           him
           .
        
         
           
             First
             ,
             That
             a
             Trust
             does
             not
             always
             imply
             the
             Person
             accountable
             to
             whom
             it
             's
             made
             .
          
           
             Secondly
             ,
             That
             the
             Kings
             of
             England
             hold
             their
             Crown
             by
             right
             of
             Conquest
             and
             Succession
             ;
             and
             consequently
             are
             no
             Trustees
             of
             the
             People
             .
          
        
         
           1.
           
           A
           Trust
           does
           not
           always
           imply
           the
           Person
           accountable
           to
           whom
           it
           's
           made
           ,
           which
           I
           shall
           briefly
           make
           good
           these
           Three
           ways
           .
        
         
           
             First
             ,
             From
             the
             common
             Notion
             of
             a
             Trust.
             
          
           
             Secondly
             ,
             From
             the
             Enquirers
             Concessions
             .
          
           
             Thirdly
             ,
             From
             a
             considerable
             Instance
             in
             our
             own
             Government
             .
          
        
         
           First
           ,
           From
           the
           common
           Notion
           of
           a
           Trust
           :
           For
           what
           is
           more
           generally
           understood
           by
           trusting
           another
           ,
           than
           that
           we
           lodge
           our
           concerns
           with
           him
           ,
           and
           put
           them
           out
           of
           our
           own
           disposal
           ?
           When
           I
           trust
           a
           Man
           with
           my
           Life
           or
           Fortune
           ,
           all
           People
           agree
           ,
           that
           I
           put
           it
           in
           his
           Power
           to
           deprive
           me
           of
           both
           .
           For
           to
           deliver
           any
           Property
           to
           another
           with
           a
           Power
           of
           Revocation
           ,
           is
           to
           trust
           him
           ,
           as
           we
           say
           ,
           no
           farther
           than
           we
           can
           throw
           him
           .
           He
           that
           can
           recover
           a
           Sum
           of
           Money
           he
           has
           deposited
           when
           he
           pleases
           ,
           to
           speak
           properly
           ,
           has
           it
           still
           in
           his
           Custody
           ,
           and
           trusts
           his
           Friend
           no
           more
           than
           he
           does
           his
           own
           Coffers
           .
           And
           therefore
           if
           we
           consult
           our
           thoughts
           ,
           we
           shall
           find
           ,
           that
           a
           Trust
           naturally
           implies
           an
           entire
           reliance
           upon
           the
           Conduct
           and
           Integrity
           of
           another
           ,
           which
           makes
           us
           resign
           up
           our
           Liberty
           or
           Estate
           to
           his
           Management
           ,
           imagining
           them
           safer
           in
           his
           Hands
           than
           in
           our
           own
           .
           In
           short
           ,
           a
           Trust
           where
           there
           is
           no
           third
           Person
           to
           judg
           of
           the
           performance
           ,
           as
           in
           these
           Pacts
           between
           Subjects
           and
           Soveraign
           there
           is
           not
           .
           In
           this
           case
           a
           Trust
           includes
           a
           Translation
           of
           Right
           ,
           and
           in
           respect
           of
           the
           Irrevocableness
           of
           it
           ,
           is
           of
           the
           Nature
           of
           a
           Gift
           ;
           so
           that
           there
           seems
           to
           be
           only
           this
           difference
           between
           them
           ,
           that
           a
           Gift
           ought
           to
           respect
           the
           Benefit
           of
           the
           Receiver
           ,
           whereas
           a
           Trust
           is
           generally
           made
           for
           the
           Advantage
           of
           him
           who
           conveys
           it
           .
        
         
           Secondly
           ,
           By
           our
           Author
           's
           own
           Concessions
           a
           Trustee
           is
           sometimes
           unaccountable
           ,
           for
           he
           grants
           a
           Man
           may
           
             Sell
             himself
             to
             be
             a
             Slave
             .
          
           (
           p.
           1.
           )
           And
           when
           he
           has
           once
           put
           himself
           into
           this
           condition
           ,
           his
           Master
           has
           an
           Absolute
           Soveraignty
           over
           him
           ,
           and
           an
           indefeasable
           right
           to
           his
           service
           ;
           so
           that
           notwithstanding
           all
           the
           unreasonable
           Usage
           he
           may
           meet
           with
           ,
           he
           can
           never
           come
           into
           his
           Freedom
           again
           without
           the
           consent
           of
           his
           Lord.
           This
           I
           take
           to
           be
           an
           uncontested
           Truth
           ,
           and
           if
           it
           was
           not
           ,
           St.
           
           Peter's
           Authority
           ought
           to
           over-rule
           the
           dispute
           ;
           Who
           charges
           those
           who
           were
           in
           this
           state
           of
           servitude
           ,
           to
           be
           
             subject
             to
             their
          
           Masters
           with
           
           all
           fear
           ,
           not
           only
           to
           the
           good
           and
           gentle
           ,
           but
           also
           to
           the
           froward
           ,
           1
           Ep.
           2.
           18.
           
        
         
           Thirdly
           ,
           I
           shall
           prove
           the
           unaccountableness
           of
           a
           Trust
           from
           a
           considerable
           Instance
           in
           our
           own
           Government
           .
           The
           House
           of
           Commons
           
             V.
             g.
          
           are
           certainly
           Trustees
           for
           the
           Towns
           and
           Counties
           who
           choose
           them
           ;
           the
           People
           resign
           up
           the
           disposal
           of
           their
           Rights
           and
           Properties
           into
           their
           Hands
           ,
           in
           hopes
           of
           a
           good
           management
           .
           But
           suppose
           they
           prevaricate
           in
           their
           Employment
           ,
           and
           betray
           their
           Electors
           ,
           does
           this
           Impower
           the
           People
           to
           lay
           their
           Representatives
           by
           the
           heels
           when
           they
           come
           into
           the
           Country
           ,
           or
           to
           punish
           them
           farther
           as
           their
           Wisdoms
           shall
           think
           convenient
           ?
           If
           so
           ,
           then
           the
           last
           resort
           of
           Justice
           must
           lie
           in
           the
           Sovereign
           Multitude
           ,
           who
           have
           neither
           capacity
           to
           understand
           the
           reasons
           of
           Government
           ,
           nor
           temper
           and
           tenderness
           to
           manage
           it
           .
           'T
           is
           pitty
           the
           Mobile
           in
           Henry
           the
           6th
           .
           his
           Reign
           had
           not
           this
           discovery
           ,
           when
           the
           Right
           of
           choosing
           Members
           was
           limitted
           to
           Forty
           Shillings
           
             per
             Annum
          
           Free-hold
           ;
           whereas
           before
           all
           Tenures
           ,
           if
           not
           all
           Persons
           ,
           had
           the
           liberty
           to
           elect
           ,
           without
           exception
           ;
           but
           this
           Act
           in
           all
           likelihood
           barr'd
           no
           less
           then
           a
           Fifth
           of
           the
           Nation
           from
           this
           principal
           Post
           in
           the
           Government
           .
           And
           if
           Columbus
           had
           not
           given
           them
           a
           lift
           by
           finding
           out
           the
           West-Indies
           ,
           and
           abating
           the
           value
           of
           Money
           ,
           their
           Grievance
           had
           continued
           to
           this
           day
           as
           heavy
           as
           ever
           .
           We
           see
           therefore
           that
           the
           Author's
           Notion
           of
           a
           Trust
           will
           not
           hold
           Water
           ,
           and
           if
           it
           would
           ,
           it
           can
           do
           him
           no
           Service
           ,
           for
           I
           shall
           prove
           in
           the
           Second
           place
           ,
           that
           the
           Kings
           of
           England
           hold
           their
           Crown
           by
           Right
           of
           Conquest
           and
           Succession
           ,
           and
           consequently
           are
           no
           Trustees
           of
           the
           People
           .
           I
           shall
           begin
           with
           the
           Point
           of
           Succession
           ,
           which
           because
           it's
           generally
           received
           ,
           I
           shall
           only
           mention
           an
           Act
           of
           Parliament
           or
           Two
           for
           the
           proof
           of
           it
           .
        
         
           In
           the
           first
           of
           Edward
           the
           Fourth
           ,
           (
           
             Rot.
             Parl.
          
           )
           where
           the
           Proceedings
           against
           Richard
           the
           Second
           are
           repealed
           ;
           it
           's
           said
           ,
           That
           Henry
           
             Earl
             of
          
           Derby
           ,
           afterwards
           Henry
           
             the
             Fourth
             ;
             Temerously
             against
             RightWiseness
             and
             Iustice
             ,
             by
             Force
             and
             Arms
             ,
             against
             his
             Faith
             and
             Ligeance
             ,
             rered
             Werre
             at
          
           Flint
           in
           Wales
           ,
           
             against
             King
          
           Richard
           
             the
             Second
             ,
             Him
             took
             and
             Imprisoned
             in
             the
          
           Tower
           of
           London
           ,
           
             in
             great
             Violence
             ;
             and
             Usurped
             and
             Intruded
             upon
             the
             Royal
             Power
             ,
             Estate
             ,
             and
             Dignity
             .
          
           And
           a
           little
           after
           they
           add
           ,
           
             That
             the
             Commons
             being
             of
             this
             present
             Parliament
             ,
             having
             sufficient
             and
             evident
             knowledge
             of
             the
             said
             Unright-wise
             Usurpation
             and
             Intrusion
             ,
             by
             the
             said
          
           Henry
           
             late
             Earl
             of
          
           Derby
           ,
           
             upon
             the
             said
             Crown
             of
          
           England
           ;
           
             knowing
             also
             certainly
             without
             doubt
             and
             ambiguity
             ,
             the
             Right
             and
             Title
             of
             our
             said
             Soveraign
             Lord
             thereunto
             true
             ;
             and
             that
             by
             God's
             Law
             ,
             Man's
             Law
             ,
             and
             the
             Law
             of
             Nature
             ,
             He
             and
             none
             other
             ,
             is
             and
             ought
             to
             be
             their
             true
             ,
             right-wise
             ,
             and
             Natural
             Leige
             and
             Soveraign
             Lord
             ;
             and
             that
          
           
           
             He
             was
             in
             Right
             from
             the
             Death
             of
             the
             said
             Noble
             and
             Famous
             Prince
             his
             Father
             ,
          
           (
           Richard
           
             Duke
             of
          
           York
           )
           
             very
             just
             King
             of
             the
             said
             Realms
             of
          
           England
           ,
           
             do
             take
             and
             repute
             ,
             and
             will
             for
             ever
             take
             and
             repute
             the
             said
          
           Edward
           
             the
             Fourth
             ,
             their
             Soveraign
             and
             Leige
             Lord
             ,
             and
             Him
             and
             his
             Heirs
             to
             be
             Kings
             of
          
           England
           ,
           
             and
             none
             other
             ,
             according
             to
             his
             said
             Right
             and
             Title
             .
          
        
         
           In
           the
           first
           of
           Richard
           the
           Third
           ,
           there
           is
           another
           Statute
           very
           full
           to
           this
           purpose
           ,
           which
           begins
           ,
           
             The
             Three
             Estates
             ,
             &c.
          
           
           But
           I
           shall
           pass
           over
           this
           ,
           and
           proceed
           to
           the
           Act
           of
           Recognition
           ,
           made
           upon
           King
           Iames
           the
           First
           ,
           his
           coming
           to
           the
           Crown
           :
           Wherein
           it
           's
           declared
           ,
           
             That
             He
             was
             Lineally
             ,
             Rightfully
             and
             Lawfully
             ,
             Descended
             of
             the
             Body
             of
             the
             Most
             Excellent
             Lady
          
           Margaret
           ,
           
             Eldest
             Daughter
             of
             the
             Most
             Renowned
             King
          
           Henry
           
             the
             Seventh
             ,
             and
             the
             High
             and
             Noble
             Princess
             ,
             Queen
          
           Elizabeth
           
             his
             Wife
             ,
             Eldest
             Daughter
             of
             King
          
           Edward
           
             the
             Fourth
             .
             The
             said
             Lady
          
           Margaret
           
             being
             Eldest
             Sister
             of
             King
          
           Henry
           
             the
             Eighth
             ,
             Father
             of
             the
             High
             and
             Mighty
             Princess
             of
             Famous
             Memory
             ,
          
           Elizabeth
           ,
           
             late
             Queen
             of
          
           England
           .
           In
           consideration
           whereof
           ,
           the
           Parliament
           doth
           acknowledge
           King
           Iames
           their
           only
           
             Lawful
             and
             Rightful
             Leige
             Lord
             and
             Soveraign
             .
             And
             as
             being
             bound
             thereunto
             ,
             both
             by
             the
             Laws
             of
             God
             and
             Man
             ,
             They
             do
             recognize
             and
             acknowledge
             ,
             that
             immediately
             upon
             the
             Dissolution
             and
             Decease
             of
          
           Elizabeth
           ,
           
             late
             Queen
             of
          
           England
           ,
           
             the
             Imperial
             Crown
             of
             the
             Realm
             of
          
           England
           ,
           
             and
             all
             the
             Kingdoms
             ,
             Dominions
             ,
             and
             Rights
             belonging
             to
             the
             same
             ;
             did
             by
             Inherent
             Birth-right
             ,
             and
             Lawful
             and
             undoubted
             Succession
             ,
             Descend
             and
             come
             to
             his
             Most
             Excellent
             Majesty
             ,
             as
             being
             Lineally
             ,
             Iustly
             and
             Lawfully
             ,
             next
             and
             SOLE
             HEIR
             of
             the
             BLOOD
             Royal
             of
             this
             Realm
             ,
             as
             it
             is
             aforesaid
             .
          
           And
           thereunto
           they
           do
           most
           Humbly
           and
           Faithfully
           
             submit
             and
             oblige
          
           themselves
           ,
           they
           Heirs
           and
           Posterities
           for
           ever
           ,
           until
           the
           last
           drop
           of
           their
           Bloods
           be
           spent
           .
        
         
           So
           much
           concerning
           the
           Succession
           ,
           where
           by
           the
           way
           ,
           we
           may
           observe
           the
           Deposing
           Doctrine
           is
           directly
           pronounced
           unlawful
           ,
           as
           appears
           from
           the
           first
           of
           Edward
           the
           Fou●h
           ,
           which
           Act
           continues
           still
           unrepealed
           .
        
         
           I
           shall
           proceed
           to
           prove
           the
           Norman
           Conquest
           ,
           (
           for
           I
           need
           go
           no
           higher
           )
           which
           I
           shall
           make
           good
           from
           the
           best
           Historians
           ,
           who
           lived
           either
           in
           ,
           or
           near
           that
           time
           ;
           from
           Doomeseday
           Book
           ,
           and
           Acts
           of
           Parliament
           .
        
         
           1.
           
           From
           Historians
           ,
           &c.
           
        
         
           Eadmer
           (
           
             Hist.
             Nov.
             Fol.
          
           6.
           )
           a
           Monk
           of
           Canterbury
           at
           the
           time
           of
           the
           Conquest
           ,
           and
           very
           intimate
           with
           Arch-bishop
           Lanfrank
           ,
           and
           with
           him
           when
           News
           came
           of
           the
           
           Conqueror's
           Death
           ;
           Writes
           ,
           That
           William
           
             designing
             to
             Establish
             those
             Laws
             and
             Usages
             in
          
           England
           ,
           
             which
             his
             Ancestors
             and
             Himself
             observed
             in
          
           Normandy
           ;
           
             made
             such
             Persons
             Bishops
             ,
             Abbots
             ,
             and
             other
             Principal
             Men
             ,
             who
             could
             not
             be
             thought
             so
             unworthy
             ,
          
           
           
             as
             to
             be
             guilty
             of
             any
             incompliance
             with
             his
             new
             Model
             ,
             knowing
             by
             whom
             ,
             and
             to
             what
             Station
             they
             were
             raised
             .
             All
             Religious
             and
             Secular
             Affairs
             He
             managed
             at
             his
             pleasure
             .
          
           And
           after
           the
           Historian
           had
           related
           in
           what
           Points
           he
           disallowed
           the
           Authority
           of
           the
           Pope
           ,
           and
           Archbishop
           ,
           he
           concludes
           thus
           .
           
             But
             what
             he
             did
             in
             Secular
             Matters
             I
             forbear
             to
             Write
             ,
             because
             it
             's
             not
             to
             my
             purpose
             ,
             and
             likewise
             because
             any
             one
             may
             guess
             by
             what
             has
             been
             delivered
             already
             ,
             at
             what
             rate
             He
             ordered
             the
             State.
             
          
        
         
           The
           next
           Testimony
           shall
           be
           fetched
           out
           of
           
             Ingulph
             Abbot
          
           of
           Croyland
           ,
           an
           English
           Man
           born
           ,
           Secretary
           to
           William
           when
           Duke
           of
           Normandy
           ,
           and
           made
           Abbot
           by
           him
           .
           This
           Author
           informs
           us
           ,
           
             That
             by
             hard
             Usage
             He
             made
             the
          
           English
           
             submit
             ,
             that
             He
             gave
             the
             Earldems
             ,
             Baronies
             ,
             Bishopricks
             ,
             and
             Prelacies
             of
             the
             whole
             Nation
             to
             his
          
           Normans
           ;
           
             and
             scarce
             permitted
             any
          
           English
           
             Man
             to
             enjoy
             any
             place
             of
             Honour
             ,
             Dominion
             ,
             or
             Power
          
           Hist.
           Croyl
           .
           f.
           512.
           
        
         
           But
           Gervace
           of
           Tilbury
           (
           a
           considerable
           Officer
           in
           the
           Exchequer
           in
           the
           Time
           of
           Henry
           the
           Second
           ,
           and
           who
           received
           his
           Information
           from
           Henry
           of
           Blois
           ,
           Bishop
           of
           Winchester
           ,
           and
           Grand-child
           to
           the
           Conquerour
           )
           is
           more
           full
           to
           this
           purpose
           ;
           which
           he
           thus
           delivers
           .
           
             After
             the
             Conquest
             of
             the
             Kingdom
             ,
             and
             the
             just
             Subversion
             of
             Rebels
             ,
             when
             the
             King
             himself
             ,
             and
             his
             great
             Men
             ,
             had
             viewed
             and
             surveyed
             their
             new
             acquests
             ,
             there
             was
             a
             strict
             Enquiry
             made
             who
             there
             were
             which
             had
             fought
             against
             the
             King
             ,
             and
             secured
             themselves
             by
             Flight
             .
             From
             these
             ,
             and
             the
             Heirs
             of
             such
             as
             were
             Slain
             in
             the
             Field
             ,
             all
             hopes
             of
             Possessing
             ei●er
             Lands
             or
             Rents
             were
             cut
             off
             ;
             for
             they
             counted
             it
             a
             great
             Favour
             to
             have
             their
             Lives
             given
             them
             .
             But
             such
             as
             were
             called
             and
             solicited
             to
             Fight
             against
             King
          
           William
           ,
           
             and
             did
             not
             ,
             if
             by
             an
             humble
             Submission
             they
             could
             gain
             the
             Favour
             of
             their
             Lords
             and
             Masters
             ,
             they
             then
             had
             the
             Liberty
             of
             Possessing
             somewhat
             in
             their
             own
             Persons
             ,
             but
             without
             any
             right
             of
             leaving
             it
             to
             their
             Posterity
             .
             Their
             Children
             enjoying
             it
             only
             at
             the
             Will
             of
             their
             Lords
             :
             To
             whom
             ,
             when
             they
             became
             unacceptable
             ,
             they
             were
             every
             where
             outed
             of
             their
             Estates
             ;
             neither
             would
             any
             restore
             what
             they
             had
             taken
             away
             .
          
        
         
           
             And
             when
             the
             miserable
             Natives
             represented
             their
             Grievances
             publickly
             to
             the
             King
             ,
             informing
             him
             how
             they
             were
             spoiled
             of
             their
             Fortunes
             ,
             and
             that
             without
             Redress
             ,
             they
             must
             be
             forced
             to
             pass
             into
             other
             Countries
             .
             At
             length
             upon
             Consultation
             it
             was
             Ordered
             ,
             That
             what
             they
             could
             obtain
             of
             their
             Lords
             by
             way
             of
             Desert
             ,
             or
             Lawful
             Bargain
             ,
             they
             should
             hold
             by
             unquestionable
             Right
             ;
             but
             should
             not
             Claim
             any
             thing
             from
             the
             Time
             the
             Nation
             was
             Conquered
             ,
             under
             the
             Title
             of
             Succession
             ,
             or
             Descent
             .
             Upon
             what
             great
             Consideration
             this
             was
             done
             is
             manifest
             ,
             says
          
           Gervace
           :
           
             For
             they
             being
             obliged
             to
             compliance
             and
             obedience
             ,
             to
             purchase
             their
             Lords
             Favour
             ;
             therefore
             ,
             whoever
             of
             the
             Conquered
             Nation
             Possessed
             Lands
             ,
          
           &c.
           
           
             Obtained
             them
             not
             as
             if
             they
             were
             their
             Right
             by
             Succession
             ,
             or
             Inheritance
             ;
             but
             as
             a
             Reward
             of
             their
          
           
           
             Service
             ,
             or
             by
             some
             Intervening
             Agreement
             .
          
           Gervase
           of
           Tilbury
           ,
           
             or
             the
             Black
             Book
             in
             the
             Exchequer
             ,
          
           Lib.
           1.
           
           Cap.
           de
           Murdro
           .
           de
           necessar
           .
           observ
           .
        
         
           The
           next
           Testimony
           I
           shall
           produce
           ,
           is
           out
           of
           
             Gulielmus
             Pictaviensis
          
           (
           who
           lived
           about
           the
           time
           of
           Ingulph
           ,
           )
           This
           Writer
           speaking
           of
           King
           
           William's
           Coronation
           ,
           adds
           ;
           
             cujus
             Liberi
             atque
             nepotes
          
           ,
           &c.
           i.
           e.
           
             whose
             Children
             and
             Posterity
             shall
             Govern
          
           England
           
             by
             a
             just
             Succession
             ,
             which
             he
             Possessed
             by
             an
             Hereditary
             Bequest
             ;
             Confirmed
             by
             the
             Oaths
             of
             the
          
           English
           ,
           
             and
             by
             the
             Right
             of
             his
             Sword
             ,
          
           Gul.
           Pict
           .
           fol.
           206.
           
        
         
           Farther
           ,
           
             Ordericus
             Vitalis
          
           ,
           who
           lived
           in
           the
           Reign
           of
           William
           the
           Second
           ,
           tells
           us
           ,
           How
           William
           
             the
             First
             Circumvented
             the
             Two
             great
             Earls
             of
          
           Mercia
           ,
           
             and
             that
             after
          
           Edwin
           
             was
             Slain
             ,
             and
          
           Morcar
           
             Imprisoned
             ,
             then
             King
          
           William
           
             began
             to
             show
             himself
             ,
             and
             gave
             his
             Assistants
             the
             best
             ,
             and
             most
             considerable
             Counties
             in
          
           England
           ,
           
             and
             made
             Rich
             Colonels
             ,
             and
             Captains
             of
             very
             mean
          
           Normans
           ,
           Oder
           .
           Vital
           .
           fol.
           251.
           
        
         
           The
           same
           Author
           relates
           ,
           
             That
             after
             the
          
           Norman
           
             Arms
             overcame
          
           England
           ,
           
             and
             King
          
           William
           
             had
             reduced
             it
             under
             the
             Government
             of
             his
             own
             Laws
             ;
             he
             made
          
           Fulcard
           ,
           
             a
             Monk
             of
             St.
          
           Omers
           ,
           
             Abbot
             of
          
           Thorney
           ,
           Ibid.
           fol.
           853.
           
        
         
           Henry
           Arch-deacon
           of
           Huntington
           ,
           who
           lived
           in
           the
           Reign
           of
           King
           Stephen
           ,
           is
           full
           to
           the
           same
           purpose
           .
           
             Anno
             Gratiae
          
           1066.
           
             perfecit
             Dominus
             Dominator
          
           ,
           &c.
           i.
           e.
           
             In
             the
             Year
          
           ,
           &c.
           
             the
             great
             Ruler
             of
             Kingdoms
             brought
             that
             to
             pass
             ,
             which
             he
             had
             long
             intended
             against
             the
          
           English
           ;
           
             for
             he
             delivered
             them
             over
             to
             be
             destroyed
             by
             the
             Rough
             ,
             and
             Politick
             Nation
             of
             the
          
           Normans
           ,
           fol.
           210.
           
           
             And
             in
             another
             place
             more
             particularly
             .
             When
             the
          
           Normans
           
             had
             Executed
             the
             just
             Decree
             of
             God
             upon
             the
          
           English
           ,
           
             and
             there
             was
             not
             any
             Person
             of
             Quality
             of
          
           English
           
             Extraction
             remaining
             ,
             but
             all
             were
             reduced
             to
             Servitude
             and
             Distress
             ,
             insomuch
             that
             it
          
           was
           Scandalous
           to
           be
           called
           an
           
             English
             Man
          
           ,
           William
           
             the
             Author
             of
             this
             Iudgment
             dyed
             in
             the
             Twenty
             first
             Year
             of
             his
             Reign
             ,
          
           Ibid.
           fol.
           212.
           
        
         
           
             Matthew
             Paris
          
           ,
           Who
           wrote
           towards
           the
           end
           of
           the
           Reign
           of
           Henry
           the
           Third
           ,
           agrees
           with
           the
           forementioned
           Testimonies
           ,
           his
           Words
           are
           these
           ,
           fol.
           5.
           
           
             Dux
             Normannorum
             Willielmus
          
           ,
           &c.
           i.
           e.
           Duke
           William
           
             having
             fortified
             the
             Cities
             and
             Castles
             ,
             and
             Garrisoned
             them
             with
             his
             own
             Men
             ;
             Sailed
             into
          
           Normandy
           with
           English
           
             Hostages
             ,
             and
             abundance
             of
             Treasure
             ,
             whom
             ,
             when
             he
             had
             Imprisoned
             and
             Secured
             ,
             he
             hastened
             back
             into
          
           England
           ,
           
             that
             he
             might
             liberally
             distribute
             the
             Lands
             of
             the
          
           English
           (
           
             who
             were
             forcibly
             disseized
             of
             their
             Estates
          
           )
           
             amongst
             his
          
           Norman
           
             Soldiers
             ,
             who
             had
             helped
             him
             at
             the
             Battle
             of
          
           Hastings
           
             to
             subdue
             the
             Country
             ;
             and
             that
             little
             that
             was
             left
             ,
             he
             put
             under
             the
             Yoak
             of
             perpetual
             Servitude
             .
          
        
         
           And
           in
           another
           place
           he
           tells
           us
           ,
           
             That
             King
          
           William
           
             brought
             Bishopricks
             and
             Abbys
             under
             Military
             Service
             ,
             which
             before
             that
             time
             had
             been
             free
             from
             all
             Secular
             Servitude
             ;
             but
             then
             every
             Bishoprick
             and
             Abby
             was
             Enrolled
             according
          
           
           
             to
             his
             Pleasure
             ;
             and
             charged
             how
             many
             Knights
             or
             Horse-men
             ,
             they
             should
             find
             for
             him
             and
             his
             Successors
             ,
             in
             times
             of
             War
             ,
          
           fol.
           7.
           
        
         
           I
           might
           add
           many
           more
           Authorities
           of
           Antient
           Historians
           ,
           but
           these
           I
           suppose
           are
           sufficient
           .
           As
           for
           Modern
           Writers
           ,
           I
           shall
           only
           cite
           Mr.
           Cambden
           ,
           who
           thus
           delivers
           his
           Sence
           of
           this
           matter
           ,
           
             Britan.
             p.
          
           109.
           
           
             Victor
             Gulielmus
          
           ,
           &c.
           i.
           e.
           
             William
             the
             Conqueror
             ,
             as
             it
             were
             to
             make
             his
             Victory
             the
             more
             remarkable
             ,
             Abrogated
             the
             greatest
             part
             of
             the
          
           English
           
             Laws
             ,
             brought
             in
             the
             Customs
             of
          
           Normandy
           ,
           
             and
             ordered
             the
             Pleadings
             to
             be
             in
          
           French
           :
           
             And
             outing
             the
          
           English
           
             of
             their
             Antient
             Inheritances
             ,
             Assigned
             their
             Lands
             and
             Mannors
             to
             his
             Soldiers
             ;
             Yet
             so
             as
             he
             reserved
             the
             Paramount
             Lordship
             to
             himself
             ,
             and
             his
             Successors
             by
             Homage
             ;
             That
             is
             ,
             that
             they
             all
             should
             hold
             their
             Estates
             by
             the
             Feudal
             Laws
             ;
             and
             that
             none
             but
             the
             King
             should
             be
             Independent
             Proprietors
             ,
             but
             rather
             a
             sort
             of
             limited
             Trustees
             ,
             and
             Occupants
             in
             Tenancy
             .
          
        
         
           From
           these
           Citations
           we
           have
           all
           imaginable
           Marks
           of
           an
           entire
           Conquest
           .
           The
           Laws
           ,
           and
           Tenures
           ,
           and
           in
           some
           measure
           the
           Language
           of
           the
           Country
           ,
           were
           changed
           :
           The
           Saxons
           were
           Transplanted
           into
           Normandy
           and
           dispossed
           of
           their
           Estates
           ,
           as
           appears
           not
           only
           from
           the
           forementioned
           Historians
           ,
           but
           from
           
             Doomse-day
             Book
          
           ,
           where
           we
           find
           ,
           that
           almost
           all
           the
           great
           Proprietors
           were
           Normans
           .
           Now
           this
           Survey
           was
           made
           at
           the
           latter
           end
           of
           the
           Conqueror's
           Reign
           ,
           many
           Years
           after
           his
           taking
           the
           Oath
           ,
           which
           is
           by
           some
           so
           much
           insisted
           upon
           ,
           as
           appears
           from
           Ingulphus
           .
        
         
           If
           it
           's
           Objected
           that
           William
           the
           First
           granted
           King
           
           Edward's
           Laws
           .
        
         
           To
           this
           I
           Answer
           .
           1.
           
           That
           most
           of
           King
           
           Edward's
           Laws
           were
           only
           Penal
           ,
           and
           respected
           Criminals
           ,
           as
           we
           may
           learn
           from
           Ingulph
           ,
           Hist.
           Croyland
           
             in
             fine
          
           .
        
         
           Secondly
           ,
           These
           Laws
           of
           King
           Edward
           were
           not
           granted
           by
           the
           Conqueror
           without
           his
           own
           Amendments
           ,
           and
           Refinings
           upon
           them
           ,
           as
           is
           evident
           from
           the
           Charter
           of
           Henry
           the
           First
           ,
           as
           it
           stands
           in
           
             Matthew
             Paris
          
           ,
           fol.
           55.
           
           
             Lagam
             Regis
          
           Edvardi
           ,
           
             vobis
             reddo
             cum
             eis
             Emendationibus
             quibus
             Pater
             eam
             Emendavit
             Consilio
             Baronum
             suorum
             ,
          
           i.
           e.
           
             I
             Grant
             you
             King
          
           Edward
           '
           
             s
             Laws
             with
             those
             Amendments
             which
             my
             Father
             made
             in
             them
             ,
             by
             the
             advice
             of
             his
             Barons
             .
          
           And
           that
           these
           last
           Words
           may
           not
           be
           thought
           to
           weaken
           the
           Testimony
           ,
           it
           's
           not
           improper
           to
           observe
           ,
           that
           these
           Alterations
           are
           said
           to
           be
           made
           only
           by
           the
           Advise
           ,
           not
           by
           the
           Authority
           of
           the
           Barons
           ;
           and
           yet
           these
           Barons
           were
           Normans
           too
           ,
           as
           is
           sufficiently
           plain
           from
           what
           has
           been
           discoursed
           already
           .
           But
           ,
        
         
           To
           Conclude
           ,
           the
           proofs
           of
           this
           Argument
           ,
           several
           of
           our
           Parliaments
           acknowledge
           William
           the
           First
           a
           Conqueror
           .
           The
           Acts
           (
           all
           of
           which
           it
           would
           be
           very
           tedious
           to
           name
           )
           run
           thus
           in
           the
           Preamble
           ,
           
             Edward
             V.
             g.
          
           
           
             by
             the
             Grace
             of
             God
             ,
             the
             Fourth
             after
             the
             Conquest
             ,
             &c.
             
          
           Now
           this
           is
           a
           plain
           Concession
           ,
           that
           the
           Rights
           of
           the
           Subjects
           were
           derived
           from
           the
           Crown
           ;
           and
           in
           all
           likelihood
           was
           intended
           to
           hint
           as
           much
           .
           And
           therefore
           ,
           unless
           the
           Norman
           Conquest
           had
           been
           evident
           and
           unquestionable
           ,
           the
           Lords
           and
           Commons
           ,
           who
           were
           always
           very
           Tender
           of
           their
           Liberties
           ,
           would
           never
           have
           consented
           ,
           that
           the
           Statutes
           should
           have
           been
           Penned
           in
           such
           a
           Submissive
           Style
           .
        
         
           If
           it
           be
           Objected
           ,
           That
           the
           Conqueror
           took
           an
           Oath
           to
           observe
           the
           Laws
           of
           the
           Realm
           .
        
         
           In
           Answer
           to
           this
           I
           observe
           .
           1.
           
           That
           we
           have
           seen
           already
           in
           some
           measure
           what
           sort
           of
           Laws
           these
           were
           ,
           and
           how
           they
           were
           managed
           by
           him
        
         
           Secondly
           ,
           Neither
           
             Pictaviensis
             ,
             Eadmerus
             ,
             Ordericus
             ,
             Vitalis
             ,
             Henry
          
           of
           Huntington
           ,
           or
           
             Matth.
             Paris
          
           ,
           Write
           of
           any
           Oath
           taken
           by
           the
           Conqueror
           .
           Florence
           of
           Worcester
           ,
           is
           the
           first
           that
           mentions
           it
           .
           
             Flor.
             Wigorn.
          
           fol.
           635.
           
           The
           Words
           of
           the
           Oath
           are
           these
           ,
           
             Se
             velle
             Sanctas
             Dei
             Ecclesias
             ,
             ac
             Rectores
             earum
             defendere
             ,
             nec
             non
             &
             cunctum
             Populum
             sibi
             subjectum
             justa
             &
             Regali
             Providentia
             Regere
             ,
             rectam
             Legem
             Statuere
             &
             tenere
             Rapinas
             Injustaque
             Iudicia
             penitus
             interdicere
             ,
          
           i.
           e.
           
             That
             he
             would
             protect
             Holy
             Church
             ,
             and
             the
             Hierarchy
             ;
             that
             he
             would
             Govern
             all
             his
             Subjects
             fairly
             ,
             and
             take
             a
             Royal
             care
             of
             their
             welfare
             .
             That
             he
             would
             make
             Equitable
             Laws
             ,
             and
             observe
             them
             ,
             and
             wholy
             Prohibit
             Rapine
             ,
             and
             Perverting
             of
             Iustice.
          
           From
           this
           I
           observe
           Two
           things
           .
        
         
           First
           ,
           That
           the
           Legislative
           Power
           was
           all
           of
           it
           lodged
           in
           the
           Conqueror
           ;
           Why
           else
           did
           he
           Swear
           to
           make
           
             Equitable
             Laws
          
           ?
           For
           if
           the
           Constitution
           had
           been
           settled
           as
           it
           is
           at
           present
           ,
           the
           Parliament
           could
           have
           hindred
           him
           from
           making
           any
           other
           .
        
         
           Secondly
           ,
           The
           Oath
           is
           Couched
           in
           very
           general
           Terms
           ,
           and
           admits
           of
           a
           great
           Latitude
           of
           Exposition
           ,
           so
           that
           the
           Conqueror
           was
           in
           a
           manner
           left
           at
           his
           liberty
           ,
           to
           interpret
           the
           Obligation
           ,
           as
           he
           thought
           fit
           .
        
         
           Thirdly
           ,
           This
           Oath
           was
           voluntarily
           taken
           by
           the
           King
           some
           Years
           after
           he
           had
           forced
           the
           whole
           Nation
           to
           Swear
           Allegiance
           to
           him
           .
        
         
           We
           are
           therefore
           ,
           if
           it
           were
           only
           for
           this
           reason
           ,
           to
           interpret
           the
           Oath
           to
           his
           advantage
           :
           And
           to
           suppose
           ,
           that
           he
           would
           not
           Swear
           himself
           out
           of
           his
           Conquest
           ,
           and
           Reign
           at
           the
           Discretion
           of
           those
           he
           had
           so
           entirely
           Subdued
           ;
           so
           that
           it
           should
           be
           in
           their
           Power
           to
           Unking
           him
           ,
           either
           upon
           a
           real
           or
           pretended
           Breach
           of
           his
           Oath
           .
        
         
           Fourthly
           ,
           We
           may
           observe
           ,
           that
           the
           Kings
           of
           England
           are
           in
           full
           Possession
           of
           the
           Crown
           ,
           immediately
           upon
           the
           Death
           of
           their
           Predecessors
           ,
           and
           therefore
           King
           
             Iohn
             ,
             Edward
          
           the
           First
           ,
           and
           Henry
           the
           Fifth
           ,
           had
           Allegiance
           Sworn
           to
           them
           before
           their
           Coronation
           .
           From
           
           whence
           it
           follows
           ,
           that
           as
           Swearing
           does
           not
           make
           them
           Kings
           ;
           so
           neither
           can
           Perjury
           ,
           though
           truly
           Objected
           un-make
           them
           again
           ,
           which
           will
           appear
           more
           evidently
           if
           we
           consider
           ,
        
         
           Fifthly
           ,
           That
           Perjury
           in
           it self
           ,
           does
           not
           imply
           a
           forfeiture
           of
           any
           Natural
           or
           Civil
           Right
           ;
           Indeed
           ,
           the
           dread
           of
           it
           ties
           up
           a
           Man's
           Conscience
           faster
           ,
           and
           if
           he
           proves
           guilty
           ,
           makes
           him
           lyable
           to
           a
           severer
           Vengance
           from
           God
           Almighty
           than
           simple
           unfaithfulness
           ;
           upon
           which
           account
           an
           Oath
           is
           counted
           a
           considerable
           security
           for
           the
           performance
           of
           a
           promise
           .
           And
           therefore
           ,
           for
           the
           greater
           satisfaction
           of
           their
           Subjects
           ,
           Princes
           usually
           Swear
           to
           observe
           those
           Stated
           Measures
           of
           Justice
           ,
           which
           were
           either
           fixed
           by
           themselves
           ,
           or
           their
           Predecessors
           .
           And
           if
           they
           happen
           to
           fail
           in
           the
           performance
           ;
           though
           they
           forfeit
           their
           Honor
           ,
           and
           the
           Divine
           Protection
           ;
           yet
           there
           accrues
           no
           Right
           from
           thence
           to
           the
           People
           ,
           to
           re-enter
           upon
           their
           fancied
           
             Original
             Liberty
          
           .
           For
           the
           Duty
           of
           those
           under
           Authority
           ,
           (
           except
           where
           it
           's
           expresly
           conditional
           )
           is
           not
           Cancelled
           and
           Discharged
           ,
           by
           the
           mis-behaviour
           of
           their
           Superiors
           .
           For
           Example
           ;
           supposing
           a
           Father
           Swears
           to
           remit
           some
           part
           of
           his
           Authority
           in
           the
           Family
           ,
           and
           that
           he
           will
           Govern
           only
           by
           such
           a
           prescribed
           Rule
           ;
           his
           forgeting
           his
           Oath
           afterwards
           ,
           does
           not
           void
           or
           lessen
           his
           Power
           ,
           nor
           excuse
           the
           Children
           in
           their
           Disobedience
           .
           And
           to
           make
           the
           Instance
           more
           direct
           ,
           if
           possible
           .
           The
           Kings
           of
           Persia
           were
           Soveraign
           Monarchs
           ,
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           as
           Plutarch
           calls
           them
           ,
           and
           were
           Worshiped
           as
           the
           Images
           of
           God
           ,
           and
           could
           never
           be
           set
           aside
           ,
           but
           by
           Death
           .
           Yet
           ,
           these
           Princes
           took
           an
           Oath
           at
           their
           Inauguration
           ;
           as
           Grotius
           observes
           from
           Xenophon
           ,
           and
           
             Diodorus
             Siculus
          
           .
           Neither
           was
           it
           lawful
           for
           them
           to
           alter
           certain
           Laws
           ,
           as
           appears
           from
           Daniel
           and
           Iosephus
           .
        
         
           The
           Kings
           of
           Aegypt
           likewise
           ,
           as
           Grotius
           relates
           from
           
             Diodorus
             Sic.
          
           had
           a
           full
           ,
           and
           unaccountable
           Authority
           ,
           they
           did
           as
           he
           speaks
           
             summo
             Imperio
             uti
          
           ;
           yet
           they
           were
           bound
           to
           the
           observance
           of
           a
           great
           many
           things
           ,
           which
           if
           they
           neglected
           to
           perform
           ,
           they
           could
           not
           be
           charged
           with
           these
           Failures
           while
           they
           were
           living
           ;
           But
           after
           they
           were
           dead
           the
           Custom
           was
           to
           Arraign
           their
           Memories
           ,
           and
           deny
           them
           the
           Honor
           of
           a
           Funeral
           Solemnity
           :
           Which
           punishment
           was
           likewise
           inflicted
           upon
           the
           Iewish
           Kings
           ,
           who
           had
           been
           very
           irregular
           ,
           and
           oppressive
           in
           their
           Government
           ,
           2
           Chron.
           24
           ,
           25
           ,
           and
           28.
           27.
           
           From
           all
           which
           it
           appears
           ,
           that
           a
           King
           's
           Swearing
           at
           his
           Coronation
           does
           not
           make
           his
           Crown
           forfeitable
           ,
           or
           subject
           him
           to
           the
           Censure
           of
           the
           People
           .
        
         
           And
           since
           the
           Breach
           of
           an
           Oath
           does
           not
           imply
           a
           forfeiture
           of
           Right
           ;
           since
           the
           Kings
           of
           England
           claim
           their
           Authority
           by
           Conquest
           and
           Succession
           ,
           from
           hence
           these
           Two
           Corollaries
           naturally
           follow
           .
        
         
         
           First
           ,
           That
           
             with
             us
             Power
             always
             proves
             it self
             ,
             unless
             it
             appears
             that
             it
             's
             given
             up
             or
             limited
             ,
             by
             any
             special
             Agreement
             .
          
        
         
           Secondly
           ,
           That
           the
           Liberties
           of
           the
           Subjects
           are
           not
           founded
           upon
           the
           Reservations
           of
           an
           
             Original
             Contract
          
           .
           For
           a
           Conquered
           People
           must
           not
           pretend
           to
           make
           their
           own
           Terms
           .
           And
           therefore
           ,
           their
           Priviledges
           are
           not
           of
           their
           own
           Creating
           ,
           but
           Acts
           of
           Royal
           Favour
           ,
           and
           Condescentions
           of
           Soveraignty
           .
        
         
           Indeed
           ,
           when
           the
           People
           are
           not
           forced
           into
           Submission
           ,
           but
           freely
           Elect
           their
           Monarch
           ;
           there
           all
           remote
           Inferences
           ,
           and
           doubtful
           Cases
           ,
           ought
           to
           be
           Interpreted
           in
           favour
           of
           the
           Subject
           ;
           because
           the
           Form
           of
           the
           Government
           had
           its
           Beginning
           from
           them
           ;
           and
           in
           this
           Case
           only
           it
           is
           ,
           that
           
             Liberty
             proves
             it self
          
           .
           But
           where
           the
           Limitations
           of
           a
           Monarchy
           ,
           are
           the
           Condescentions
           of
           a
           Conqueror
           ,
           or
           his
           Successors
           ,
           there
           we
           are
           not
           to
           stretch
           the
           Priviledge
           of
           the
           Subject
           ,
           beyond
           express
           Grant.
           
        
         
           So
           that
           whatever
           Rights
           ,
           or
           Branches
           of
           Government
           ,
           are
           not
           plainly
           conveyed
           away
           ,
           must
           be
           supposed
           to
           be
           still
           lodged
           in
           the
           Crown
           .
           For
           since
           the
           Prince
           was
           once
           Vested
           with
           Absolute
           Power
           ,
           and
           has
           afterwards
           bounded
           himself
           by
           his
           own
           Voluntary
           Act
           ,
           The
           Abatements
           of
           his
           Authority
           are
           to
           be
           measured
           by
           his
           own
           evident
           Declarations
           ,
           and
           not
           by
           any
           conjectural
           and
           consequential
           Arguings
           .
           And
           here
           that
           Celebrated
           Maxim
           takes
           undoubted
           place
           ,
           
             That
             all
             Acts
             which
             are
             made
             in
             destruction
             of
             Common
             Law
             ,
             or
             Antecedent
             Right
             ,
             are
             to
             be
             Construed
             strictly
             ,
             and
             not
             drawn
             out
             into
             Corollaries
             ,
             and
             parallel
             Cases
             .
          
           From
           whence
           it
           follows
           ,
           That
           if
           it
           was
           unlawful
           at
           first
           for
           the
           Subjects
           to
           resist
           their
           Soveraign
           ,
           it
           must
           still
           continue
           so
           ,
           unless
           they
           can
           prove
           he
           has
           relinquished
           this
           part
           of
           his
           Prerogative
           ,
           and
           given
           them
           an
           express
           Liberty
           to
           take
           up
           Arms
           when
           they
           think
           it
           convenient
           ;
           which
           ,
           I
           believe
           ,
           will
           be
           hard
           to
           find
           in
           our
           Constitution
           .
        
         
           I
           Confess
           ,
           there
           is
           a
           Resistance
           Charter
           granted
           by
           King
           Iohn
           ,
           but
           such
           a
           one
           as
           is
           no
           ways
           serviceable
           to
           our
           Author
           :
           For
           ,
        
         
           First
           ,
           It
           's
           a
           plain
           Concession
           from
           the
           Crown
           ,
           and
           consequently
           far
           from
           the
           nature
           of
           a
           Mutual
           and
           Original
           Contract
           .
        
         
           Secondly
           ,
           Here
           is
           no
           Deposing
           Power
           given
           in
           case
           the
           Articles
           were
           broken
           :
           But
           on
           the
           contrary
           ,
           upon
           the
           supposition
           of
           a
           Rupture
           there
           is
           an
           express
           Proviso
           for
           the
           security
           of
           the
           King's
           Person
           and
           Royalty
           ;
           for
           a
           little
           after
           the
           Clause
           of
           
             Salva
             Persona
             nostra
          
           ,
           we
           have
           these
           remarkable
           Words
           ;
           
             Et
             cum
             fuerit
             Emendatum
             Intendent
             nobis
             sicut
             prius
             fecerunt
          
           ;
           That
           is
           ,
           if
           the
           King
           should
           fail
           in
           his
           Promise
           ,
           and
           constrain
           them
           to
           make
           use
           of
           Force
           ,
           
             When
             their
             Grievances
             were
             redressed
             ,
             and
             they
          
           had
           put
           themselves
           in
           Possession
           of
           their
           Rights
           ;
           
             They
             should
             then
             be
             obliged
             to
             obey
             him
             as
             formerly
             ,
          
           Matth.
           Par.
           p.
           219.
           
        
         
         
           Thirdly
           ,
           This
           Charter
           was
           extorted
           from
           the
           King
           in
           a
           Menacing
           and
           Military
           manner
           .
           The
           Barons
           were
           up
           in
           Arms
           ,
           the
           City
           of
           London
           declared
           for
           them
           ,
           and
           received
           them
           ,
           and
           the
           King
           was
           deserted
           by
           his
           own
           Army
           ;
           whereas
           before
           this
           Grant
           ,
           the
           Subjects
           had
           no
           colour
           of
           Authority
           to
           Levy
           Arms
           against
           the
           King.
           Now
           Rebellion
           is
           a
           very
           ill
           bottom
           to
           found
           our
           Liberties
           upon
           :
           The
           advantages
           which
           are
           gained
           by
           such
           Monstrous
           Violences
           as
           these
           ,
           are
           no
           more
           to
           be
           insisted
           on
           than
           the
           Acquisitions
           of
           Piracy
           ;
           and
           therefore
           ,
        
         
           Fourthly
           ,
           This
           Charter
           being
           obtain'd
           in
           such
           an
           undutiful
           and
           illegal
           way
           ,
           is
           without
           doubt
           one
           great
           reason
           among
           others
           ,
           why
           it
           has
           been
           always
           counted
           a
           Nullity
           ;
           for
           that
           it
           's
           no
           part
           of
           our
           Law
           ,
           I
           shall
           fully
           evince
           .
        
         
           First
           ,
           From
           the
           Transactions
           in
           the
           Reign
           of
           Henry
           the
           Third
           ,
           for
           first
           in
           this
           King's
           Charter
           there
           is
           no
           notice
           taken
           of
           any
           Grant
           made
           by
           King
           Iohn
           ;
           whereas
           in
           the
           Confirmation
           of
           
             Magna
             Charta
          
           by
           Edward
           the
           First
           ,
           the
           granting
           it
           by
           Henry
           the
           Third
           is
           expresly
           mentioned
           ,
           and
           the
           Liberty
           recited
           at
           large
           :
           Which
           is
           a
           plain
           Evidence
           ,
           that
           the
           one
           was
           not
           looked
           upon
           to
           have
           the
           same
           Authority
           with
           the
           other
           .
        
         
           Secondly
           ,
           That
           the
           
             Magna
             Charta
          
           of
           Henry
           the
           Third
           was
           a
           pure
           Act
           of
           Grace
           to
           the
           Subject
           ,
           and
           no
           Confirmation
           of
           an
           Antecedent
           Right
           ,
           appears
           from
           the
           Instrument
           it self
           ,
           where
           in
           the
           Preamble
           the
           King
           declares
           ,
           That
           
             out
             of
             Our
             meer
             and
             free
             Will
             We
             have
             given
             ,
          
           &c.
           
           And
           towards
           the
           end
           ,
           
             That
             for
             this
             Our
             Gift
             and
             Grant
             of
             these
             Liberties
             ,
             Our
             Arch-bishops
             ,
             Earls
             ,
          
           &c.
           
             have
             given
             us
             the
             fifteenth
             part
             of
             their
             Moveables
             .
          
           Now
           besides
           the
           wording
           of
           the
           Act
           ,
           which
           runs
           as
           clear
           for
           a
           Voluntary
           Concession
           as
           is
           possible
           ;
           the
           very
           consideration
           which
           was
           given
           the
           Crown
           ,
           is
           a
           sufficient
           Argument
           ,
           that
           the
           Subjects
           had
           no
           Title
           to
           these
           Liberties
           before
           :
           For
           who
           can
           imagine
           they
           would
           have
           purchased
           that
           which
           was
           their
           own
           already
           ,
           at
           so
           dear
           a
           rate
           .
        
         
           Thirdly
           ,
           This
           Charter
           of
           Henry
           the
           Third
           ,
           though
           it
           contains
           much
           the
           same
           Liberties
           with
           the
           former
           ,
           yet
           it
           has
           none
           of
           the
           same
           Ratification
           ,
           there
           are
           no
           Proviso's
           for
           Resistance
           in
           it
           ;
           but
           instead
           of
           Distraining
           and
           taking
           of
           Castles
           ,
           &c.
           there
           was
           a
           Solemn
           Excommunication
           denounced
           by
           the
           Bishops
           against
           all
           Violators
           of
           this
           Law.
           So
           that
           now
           the
           Subjects
           were
           evidently
           returned
           to
           their
           former
           State
           of
           Passive
           Obedience
           .
           And
           therefore
           those
           Barons
           ,
           who
           ,
           towards
           the
           latter
           end
           of
           this
           King's
           Reign
           ,
           took
           up
           Arms
           in
           defence
           of
           their
           Privileges
           ,
           as
           
             Matth.
             Paris
          
           relates
           ,
           were
           disinherited
           by
           a
           Parliament
           at
           Winchester
           ;
           which
           was
           soon
           after
           confirmed
           in
           another
           Parliament
           at
           Westminster
           .
           (
           Sir
           
             W.
             Raleigh
          
           Priv.
           of
           Parl.
           Ap.
           31.
           )
           More
           to
           the
           same
           purpose
           may
           be
           seen
           in
           the
           Law
           called
           ,
           
             Dictum
             de
             Kenilworth
          
           :
           
           For
           though
           this
           Order
           was
           made
           by
           no
           more
           than
           a
           Committee
           of
           Twelve
           Peers
           ;
           yet
           they
           having
           an
           Absolute
           Delegation
           as
           to
           this
           Point
           from
           the
           King
           and
           the
           Members
           of
           Parliament
           ,
           what
           they
           agreed
           upon
           has
           the
           full
           Validity
           of
           a
           Law.
           
        
         
           Fourthly
           ,
           That
           King
           
           Iohn's
           Charter
           ,
           which
           warrants
           Resistance
           (
           though
           within
           a
           Rule
           )
           had
           never
           any
           Legal
           Authority
           ,
           is
           evident
           from
           the
           Militia
           Act
           (
           14
           Car.
           2.
           )
           where
           the
           Parliament
           declares
           ,
           
             That
             the
             Militia
             was
             ever
             the
             undoubted
             Right
             of
             his
             Majesty
             ,
             and
             his
             Predecessors
          
           But
           this
           was
           a
           great
           Mistake
           ,
           if
           King
           
           Iohn's
           Grant
           had
           been
           Law
           :
           For
           by
           vertue
           of
           that
           Charter
           ,
           provided
           the
           King
           receded
           from
           his
           Articles
           ,
           the
           Militia
           was
           lodged
           in
           the
           Barons
           ,
           and
           the
           People
           were
           obliged
           by
           Oath
           to
           assist
           them
           against
           the
           Crown
           .
           Now
           ,
           if
           the
           case
           had
           been
           doubtful
           ,
           the
           Judgment
           of
           a
           Parliament
           ought
           to
           have
           put
           an
           end
           to
           the
           Controversie
           .
           This
           Legislative
           Council
           has
           a
           Power
           to
           interpret
           ,
           as
           well
           as
           to
           alter
           ,
           or
           enlarge
           the
           Constitution
           ;
           an
           Authority
           to
           tell
           us
           what
           has
           been
           ,
           as
           well
           as
           what
           shall
           be
           Law.
           Such
           publick
           Determinations
           are
           as
           it
           were
           first
           and
           self-evident
           Principles
           in
           our
           Government
           ;
           they
           have
           a
           kind
           of
           Practical
           Infallibility
           in
           them
           ,
           and
           ought
           not
           to
           be
           disputed
           ,
           except
           where
           they
           plainly
           contradict
           the
           Laws
           of
           God.
           
        
         
           Fifthly
           ,
           and
           Lastly
           ,
           If
           this
           Singular
           Charter
           had
           ever
           been
           part
           of
           our
           Constitution
           ,
           as
           it
           's
           plain
           it
           never
           was
           ,
           yet
           now
           it
           can
           have
           no
           manner
           of
           Force
           ,
           because
           the
           forementioned
           Statute
           concerning
           the
           Militia
           ,
           not
           only
           declares
           it
           to
           have
           been
           ,
           but
           likewise
           to
           make
           the
           Case
           more
           incontestable
           ,
           Enacts
           it
           unlawful
           ,
           to
           Levy
           War
           ,
           
             Offensive
             or
             Defensive
             ,
             against
             the
             King.
          
           But
           of
           this
           more
           hereafter
           .
        
         
           If
           it
           's
           Objected
           ,
           That
           unless
           we
           are
           allowed
           to
           Assert
           our
           Rights
           by
           Force
           when
           they
           are
           Invaded
           ,
           the
           Laws
           which
           secure
           them
           to
           us
           are
           insignificant
           ;
           because
           the
           King
           may
           break
           down
           these
           Fences
           when
           he
           pleases
           .
           To
           this
           I
           Answer
           ,
           That
           these
           Laws
           upon
           this
           Supposition
           are
           far
           f●om
           being
           insignificant
           ;
           because
           ,
        
         
           First
           ,
           They
           are
           the
           Boundaries
           of
           Right
           :
           They
           clearly
           distinguish
           the
           Property
           of
           the
           Subjects
           from
           the
           Prerogative
           ,
           so
           that
           the
           Prince
           can
           seldom
           encroach
           upon
           them
           in
           any
           considerable
           Measure
           ,
           without
           being
           Conscious
           of
           the
           Injustice
           .
        
         
           Secondly
           ,
           By
           vertue
           of
           the
           Laws
           we
           are
           better
           assured
           of
           the
           Prince's
           Protection
           against
           the
           Injuries
           of
           all
           our
           Fellow
           Subjects
           ;
           which
           is
           no
           small
           Advantage
           .
        
         
           Thirdly
           ,
           We
           have
           the
           Prince's
           Honour
           ,
           and
           Conscience
           ,
           and
           Interest
           ,
           to
           secure
           us
           :
           I
           say
           his
           Interest
           ;
           for
           notwithstanding
           the
           Subjects
           were
           never
           so
           well
           convinced
           ,
           that
           Resistance
           is
           utterly
           unlawful
           ;
           yet
           it
           is
           by
           no
           means
           adviseable
           ,
           for
           Princes
           to
           try
           their
           Patience
           too
           
           far
           :
           For
           Religion
           has
           a
           very
           slender
           Influence
           upon
           the
           World
           now
           a
           days
           .
           Nothing
           is
           more
           frequent
           than
           to
           see
           Men
           live
           in
           those
           Practices
           which
           they
           know
           to
           be
           Immoral
           .
           Now
           Oppression
           is
           apt
           to
           make
           wise
           Men
           Mad.
           Nothing
           touches
           them
           so
           much
           to
           the
           quick
           ,
           as
           the
           breaking
           in
           upon
           their
           Properties
           ,
           and
           the
           undermining
           the
           Publick
           Securities
           .
           And
           therefore
           when
           the
           Government
           sits
           thus
           uneasy
           upon
           them
           ,
           they
           will
           be
           apt
           to
           fly
           out
           into
           Disorders
           ,
           notwithstanding
           all
           the
           Restraints
           of
           Law
           and
           Conscience
           to
           the
           contrary
           .
           Now
           since
           Princes
           are
           supposed
           to
           be
           acquainted
           with
           the
           Frailty
           and
           Degeneracy
           of
           Mankind
           .
           This
           consideration
           of
           danger
           will
           generally
           keep
           them
           within
           compass
           ,
           and
           check
           their
           Arbitrary
           Designs
           ,
           though
           the
           Principles
           of
           Honour
           and
           Integrity
           should
           happen
           to
           prove
           insignificant
           .
           This
           one
           would
           think
           a
           sufficient
           Security
           ;
           and
           more
           than
           this
           ,
           is
           neither
           allowed
           by
           our
           Government
           ,
           neither
           can
           it
           be
           by
           any
           other
           .
        
         
           First
           ,
           We
           have
           no
           reason
           to
           believe
           our
           Government
           permits
           us
           to
           maintain
           our
           Rights
           by
           Arming
           against
           our
           Prince
           ,
           not
           only
           because
           our
           Laws
           plainly
           declare
           against
           all
           Resistance
           ,
           (
           as
           I
           shall
           shew
           afterwards
           )
           but
           because
           the
           Libertys
           of
           the
           Subject
           were
           Acts
           of
           Grace
           from
           the
           Crown
           ;
           and
           since
           they
           had
           no
           right
           to
           demand
           them
           by
           Force
           ,
           they
           must
           take
           them
           upon
           such
           Conditions
           as
           they
           are
           offer'd
           .
           Now
           things
           standing
           thus
           ,
           we
           have
           no
           imaginable
           reason
           to
           conclude
           our
           Kings
           had
           any
           intention
           to
           forego
           their
           irresistable
           Authority
           ,
           except
           they
           had
           signed
           it
           away
           in
           so
           many
           Words
           ;
           we
           are
           not
           to
           suppose
           they
           would
           part
           with
           such
           an
           inestimable
           Jewel
           ,
           and
           be
           so
           Prodigal
           of
           their
           Favours
           ,
           without
           the
           plainest
           Evidence
           .
           Indeed
           the
           granting
           this
           Liberty
           would
           be
           equally
           prejudicial
           to
           Prince
           and
           People
           ,
           and
           render
           all
           Government
           Impracticable
           .
           For
           ,
        
         
           Secondly
           ,
           The
           Ignorance
           and
           Partiality
           of
           the
           greatest
           part
           of
           Mankind
           is
           such
           ,
           that
           to
           make
           it
           Lawful
           to
           resist
           our
           Governors
           ,
           whenever
           we
           think
           it
           necessary
           ,
           is
           an
           infallible
           Expedient
           to
           keep
           a
           Nation
           almost
           always
           embroyl'd
           ,
           and
           to
           banish
           Peace
           and
           Happiness
           out
           of
           the
           World.
           Such
           an
           allowance
           as
           this
           ,
           does
           in
           reality
           dissolve
           all
           Government
           ,
           and
           throw
           us
           back
           into
           a
           State
           of
           Nature
           .
           For
           when
           a
           Man
           may
           make
           use
           of
           all
           the
           Force
           he
           can
           get
           to
           redress
           his
           Grievances
           ,
           to
           carve
           out
           his
           Satisfaction
           ,
           and
           to
           possess
           himself
           of
           all
           those
           Rights
           he
           fancies
           he
           has
           a
           Title
           to
           ;
           his
           owning
           Authority
           is
           but
           a
           Complement
           ;
           for
           he
           is
           certainly
           under
           no
           Government
           but
           his
           own
           .
           He
           is
           bound
           to
           do
           no
           injury
           't
           is
           true
           ,
           but
           this
           does
           not
           hinder
           his
           being
           independent
           of
           Society
           .
           For
           his
           Obligation
           to
           Justice
           results
           from
           the
           Law
           of
           Nature
           ,
           which
           binds
           
           him
           to
           abstain
           from
           Fraud
           and
           Violence
           ,
           whether
           it
           's
           enforced
           by
           any
           Municipal
           Constitution
           or
           not
           .
        
         
           If
           it
           's
           Objected
           ,
           That
           this
           liberty
           of
           Resistance
           is
           not
           to
           be
           allowed
           ,
           but
           in
           Cases
           of
           extream
           Necessity
           ,
           when
           the
           Government
           is
           in
           danger
           of
           being
           wounded
           in
           its
           Vitals
           ,
           and
           the
           
             Fundamental
             Laws
          
           are
           struck
           at
           .
           To
           this
           I
           Answer
           ,
           That
           since
           the
           People
           must
           be
           Judges
           of
           the
           Exegencies
           of
           State
           ,
           this
           restraining
           of
           Resistance
           to
           Cases
           of
           Necessity
           ,
           is
           no
           Security
           to
           the
           Common
           Welfare
           .
           For
           by
           this
           Principle
           whenever
           a
           Man
           ,
           either
           through
           Mistake
           ,
           or
           Design
           ,
           believes
           or
           pretends
           to
           believe
           ,
           that
           the
           
             Fundamental
             Laws
          
           are
           broken
           ,
           he
           has
           a
           Warrant
           to
           take
           up
           Arms
           and
           form
           a
           Party
           to
           dispossess
           his
           Governor
           ;
           and
           if
           he
           can
           discharge
           himself
           of
           his
           Allegiance
           when
           he
           pleases
           ,
           he
           is
           actually
           free
           ,
           because
           his
           Will
           is
           in
           his
           own
           Power
           .
        
         
           Farther
           ,
           Except
           the
           People
           are
           barred
           from
           Uniting
           their
           Forces
           against
           their
           Governors
           ,
           there
           can
           be
           no
           determination
           of
           Civil
           Controversies
           .
           For
           in
           regard
           most
           People
           are
           apt
           to
           say
           ,
           they
           are
           wronged
           as
           often
           as
           they
           lose
           a
           Tryal
           ,
           if
           they
           have
           the
           liberty
           of
           Appealing
           from
           the
           Bench
           to
           the
           Neighbourhood
           ,
           and
           may
           raise
           all
           their
           Friends
           and
           Dependents
           to
           oppose
           the
           Execution
           of
           the
           Judges
           Sentence
           ;
           then
           Right
           must
           be
           resolved
           into
           Force
           ,
           and
           Justice
           will
           be
           all
           Sword
           without
           any
           Ballance
           .
        
         
           Now
           that
           the
           Doctrine
           of
           Resistance
           gives
           this
           dangerous
           Allowance
           is
           plain
           .
           For
           though
           our
           Author
           will
           not
           permit
           us
           the
           freedom
           of
           raising
           a
           Civil
           War
           ,
           upon
           the
           account
           of
           
             Male
             Administration
             in
             the
             Execution
             of
             the
             Laws
          
           ;
           yet
           he
           has
           not
           given
           us
           any
           assurance
           that
           other
           Men
           will
           be
           of
           his
           mind
           .
           For
           may
           they
           not
           object
           that
           the
           prospect
           of
           having
           Justice
           observed
           ,
           was
           the
           principal
           reason
           of
           combining
           in
           Society
           .
           For
           all
           Laws
           how
           Fundamental
           soever
           ,
           are
           designed
           only
           as
           means
           for
           the
           distinction
           ,
           and
           security
           of
           Property
           ,
           for
           the
           punishing
           of
           violence
           and
           circumvention
           ,
           and
           therefore
           they
           ought
           not
           to
           be
           valued
           above
           the
           End.
           For
           if
           the
           Prince
           has
           an
           unlimitted
           Priviledge
           of
           corrupting
           Judges
           ,
           suborning
           Witness
           ,
           and
           forcing
           the
           Execution
           of
           unjust
           Sentences
           ;
           all
           other
           Provisions
           for
           Liberty
           are
           to
           little
           purpose
           .
           If
           we
           are
           to
           submit
           to
           all
           this
           hardship
           ,
           because
           it
           falls
           within
           the
           compass
           of
           
             Male
             Administration
          
           ,
           What
           do
           our
           Fundamental
           Laws
           signify
           ?
           When
           at
           this
           rate
           ,
           may
           some
           Men
           say
           ,
           We
           can
           neither
           have
           Life
           ,
           Liberty
           ,
           nor
           Estate
           secured
           to
           us
           :
           So
           that
           if
           Resistance
           was
           allowable
           in
           any
           Case
           ,
           Oppression
           and
           Violence
           in
           the
           
             Administration
             of
             Iustice
          
           would
           Warrant
           the
           use
           of
           such
           a
           Remedy
           .
           And
           if
           every
           one
           who
           imagined
           himself
           injured
           might
           beat
           up
           for
           Volunteers
           toredress
           his
           Grievances
           ;
           
           the
           Judges
           and
           Laws
           would
           be
           the
           only
           Criminals
           in
           a
           short
           time
           ;
           and
           all
           Disputes
           would
           be
           decided
           by
           Blows
           and
           Blood.
           
        
         
           Besides
           supposing
           Men
           were
           generally
           agreed
           ,
           That
           nothing
           but
           the
           Breach
           of
           
             Fundamental
             Laws
          
           would
           justify
           Resistance
           ;
           since
           the
           People
           are
           made
           the
           Judges
           of
           this
           Distinction
           ,
           they
           need
           only
           be
           at
           the
           Expence
           of
           a
           hard
           Name
           for
           their
           enlargement
           ;
           for
           it
           's
           but
           calling
           any
           disgust
           ,
           or
           petty
           Injury
           a
           Breach
           of
           Fundamentals
           ,
           and
           the
           Work
           is
           done
           .
        
         
           If
           it
           be
           said
           ,
           That
           the
           People
           are
           always
           quiet
           when
           they
           are
           well
           used
           ;
           and
           never
           attempt
           to
           displace
           their
           Governours
           ,
           but
           upon
           just
           Occasions
           .
           To
           this
           I
           Answer
           ,
           That
           if
           the
           generallity
           of
           Mankind
           were
           Masters
           of
           so
           much
           Sense
           and
           Honesty
           ,
           as
           this
           comes
           to
           ,
           Why
           did
           they
           not
           continue
           in
           that
           State
           of
           Nature
           some
           Men
           fancy
           them
           in
           at
           first
           ?
           If
           they
           had
           been
           wise
           enough
           to
           have
           understood
           their
           true
           Interest
           ,
           What
           need
           they
           have
           brought
           themselves
           under
           the
           Guidance
           ,
           and
           Obligation
           of
           Laws
           ?
           If
           they
           are
           so
           Vertuously
           enclined
           ,
           Why
           did
           they
           submit
           their
           Wills
           and
           Powers
           to
           a
           Publick
           Regulation
           ?
           Why
           should
           Men
           so
           well
           qualified
           for
           the
           use
           of
           their
           Freedom
           ,
           be
           bound
           to
           their
           good
           Behaviour
           ,
           and
           come
           under
           the
           restraints
           of
           Pacts
           and
           Subjection
           ?
        
         
           All
           Authority
           and
           Law
           is
           a
           great
           Reflection
           upon
           Mankind
           ;
           it
           plainly
           supposes
           the
           generallity
           of
           us
           are
           Weak
           ,
           Deceitful
           and
           Turbulent
           Creatures
           .
           But
           if
           we
           are
           so
           full
           of
           Understanding
           and
           Conscience
           ,
           as
           some
           Men
           would
           make
           us
           believe
           ;
           all
           Governments
           ought
           to
           be
           broken
           up
           ,
           and
           every
           Man
           have
           his
           Original
           Charter
           of
           Liberty
           return'd
           him
           .
           For
           if
           we
           are
           so
           fit
           to
           be
           Trusted
           ,
           and
           to
           dispose
           of
           our
           own
           Actions
           ;
           it
           's
           highly
           unreasonable
           to
           keep
           us
           in
           a
           State
           of
           Ignominy
           ,
           and
           Bondage
           any
           longer
           :
           But
           English-Men
           of
           all
           others
           ,
           have
           the
           least
           reason
           to
           make
           Panegyricks
           upon
           the
           Discretion
           ,
           and
           Governableness
           of
           the
           People
           .
           For
           not
           to
           mention
           the
           Barons
           Wars
           ,
           How
           many
           Tylers
           and
           Cades
           ,
           and
           Kets
           and
           Flammocks
           ,
           have
           we
           had
           within
           the
           compass
           of
           Four
           hundred
           Years
           ?
           What
           formidable
           Bodies
           did
           those
           Massianelos
           bring
           into
           the
           Field
           ;
           and
           how
           near
           was
           the
           State
           being
           overturn'd
           by
           the
           Rebellious
           Levity
           ,
           and
           Madness
           of
           the
           Multitude
           ?
           And
           after
           all
           these
           Instances
           of
           Confusion
           ,
           we
           have
           certainly
           little
           reason
           to
           think
           that
           
             Vox
             Populi
          
           and
           
             Vox
             Dei
          
           ,
           are
           the
           same
           ;
           or
           that
           Right
           and
           Wrong
           depends
           upon
           Numbers
           .
        
         
           From
           what
           has
           been
           said
           it's
           apparent
           ,
           That
           there
           must
           be
           an
           irresistable
           Power
           in
           all
           Governments
           :
           But
           our
           Two
           Houses
           (
           whose
           Authority
           is
           nearest
           to
           the
           Kings
           )
           have
           no
           share
           in
           this
           inviolable
           Priviledge
           .
           For
           least
           their
           Legislative
           Office
           should
           make
           
           them
           forget
           their
           Duty
           to
           his
           Majesty
           ,
           they
           are
           obliged
           to
           take
           the
           Oaths
           of
           Allegiance
           and
           Subjection
           to
           him
           ,
           before
           they
           are
           capable
           of
           Transacting
           any
           business
           in
           Parliament
           ,
           7
           Iac.
           1.
           
           Cap.
           6.
           
           Sect.
           8.
           30
           
           Car.
           2.
           
           Cap.
           1.
           
        
         
           From
           whence
           it
           follows
           ;
           That
           with
           us
           the
           King
           ,
           and
           only
           he
           ,
           is
           the
           irresistable
           Power
           .
           Neither
           must
           this
           Prerogative
           be
           restrained
           to
           his
           Person
           ;
           but
           extend
           to
           his
           Authority
           .
           For
           a
           King
           cannot
           be
           every
           where
           himself
           ,
           neither
           is
           he
           able
           to
           punish
           Offenders
           by
           his
           own
           single
           Strength
           :
           He
           must
           govern
           by
           his
           Ministers
           ,
           and
           sometimes
           by
           his
           Armies
           .
           Therefore
           if
           those
           who
           are
           employed
           by
           him
           ,
           may
           be
           opposed
           ,
           and
           hindered
           in
           the
           Execution
           of
           their
           Ch●rg●
           he
           is
           as
           much
           disabled
           from
           pursuing
           the
           ends
           of
           Government
           ▪
           as
           i●
           Violence
           had
           been
           offered
           to
           himself
           .
           Of
           this
           Consequence
           those
           who
           made
           the
           late
           
             Act
             of
             Uniformity
          
           ,
           were
           well
           aware
           ;
           and
           therefore
           in
           the
           Declaration
           ,
           which
           they
           obliged
           a
           considerable
           part
           of
           the
           Kingdom
           to
           make
           ,
           the
           Subscriber
           does
           not
           only
           declare
           ,
           
             That
             it
             's
             not
             Lawful
             to
             take
             up
             Arms
             against
             the
             King
             upon
             any
             pretence
             whatever
             ,
          
           but
           likewise
           ,
           
             That
             he
             abhors
             that
             Trayterous
             Position
             of
             taking
             Arms
             by
             his
             Authority
             against
             those
             Commissionated
             by
             him
             .
          
        
         
           Therefore
           that
           Objection
           which
           is
           usually
           made
           ,
           does
           not
           come
           up
           to
           the
           Point
           ,
           viz.
           That
           it
           's
           Lawful
           for
           a
           private
           Person
           to
           resist
           an
           Illegal
           Commissioner
           of
           the
           Kings
           ,
           when
           he
           comes
           to
           dispossess
           him
           of
           his
           Property
           ,
           or
           to
           outrage
           him
           in
           any
           other
           respect
           .
           For
           though
           a
           Man
           has
           the
           liberty
           of
           defending
           himself
           from
           Encroachments
           in
           a
           private
           way
           ;
           yet
           if
           he
           calls
           in
           Hundreds
           and
           Thousands
           to
           his
           Assistance
           ,
           without
           the
           King's
           Authority
           ,
           he
           falls
           under
           the
           censure
           of
           the
           Law.
           Now
           the
           reason
           why
           the
           Constitution
           permits
           the
           use
           of
           Force
           in
           one
           Case
           ,
           and
           not
           in
           the
           other
           ,
           is
           because
           private
           Defence
           ,
           though
           never
           so
           unjustifiably
           managed
           ,
           cannot
           bring
           any
           publick
           Mischief
           along
           with
           it
           .
        
         
           But
           if
           Men
           were
           allowed
           to
           arm
           Towns
           and
           Countries
           when
           they
           thought
           fit
           to
           complain
           ;
           this
           would
           be
           of
           dangerous
           Consequence
           to
           the
           State
           ,
           and
           make
           it
           lyable
           to
           perpetual
           Convulsions
           ;
           so
           that
           we
           should
           always
           either
           feel
           or
           fear
           the
           Miseries
           of
           a
           Civil
           War.
           
        
         
           But
           to
           proceed
           with
           our
           Author
           .
           In
           his
           Fourth
           Section
           we
           are
           told
           ,
           
             That
             no
             consideration
             of
             Religion
             binds
             us
             to
             pay
             more
             than
             we
             owe
             ,
             not
             to
             extend
             our
             Allegiance
             farther
             than
             the
             Law
             carrys
             it
             .
          
        
         
           Which
           though
           it
           's
           True
           ,
           yet
           it
           's
           foreign
           to
           the
           Argument
           .
           For
           I
           shall
           make
           it
           appear
           farther
           afterwards
           ,
           that
           the
           Laws
           extend
           our
           Submission
           ,
           which
           is
           one
           part
           of
           our
           Allegiance
           ,
           to
           all
           Cases
           whatsoever
           .
        
         
         
           I
           suppose
           this
           Advice
           was
           intended
           for
           a
           preservative
           against
           over
           Dutyfulness
           ,
           and
           that
           his
           Reader
           might
           not
           be
           misled
           by
           the
           Church
           of
           Englands
           Doctrine
           of
           
             Passive
             Obedience
          
           .
        
         
           Now
           how
           proper
           soever
           such
           Hints
           as
           these
           may
           be
           to
           some
           Flegmatick
           Climates
           and
           
             Constitutions
             of
             Liberties
          
           ,
           I
           shall
           not
           dispute
           ;
           yet
           certainly
           the
           Enquirer
           could
           not
           have
           thought
           them
           over-seasonable
           Directions
           for
           our
           Conduct
           ;
           if
           he
           had
           pleased
           to
           consider
           either
           the
           legal
           Advantages
           of
           the
           Crown
           ,
           the
           temper
           of
           the
           English
           Nation
           ,
           or
           the
           time
           of
           his
           own
           Writing
           :
           But
           his
           generous
           Zeal
           for
           the
           freedom
           of
           Mankind
           ,
           makes
           him
           think
           he
           can
           never
           say
           ,
           nor
           do
           enough
           .
        
         
           His
           Fifth
           Paragraph
           supposes
           an
           
             Original
             Contract
          
           ,
           and
           that
           the
           Measures
           of
           
             Obedience
             are
             to
             be
             taken
             from
             thence
             ,
             i.
             e.
          
           Once
           upon
           a
           time
           ,
           when
           every
           Man
           was
           weary
           of
           Governing
           himself
           any
           longer
           ;
           they
           agreed
           by
           ●●●eral
           consent
           to
           set
           one
           of
           their
           own
           Countrym●
           〈…〉
           ●ome
           Stranger
           they
           had
           a
           fancy
           for
           ,
           upon
           whom
           〈…〉
           
             〈◊〉
             Term
             of
             King
             ,
             Sovereign
             ,
             or
             Supream
             ,
             i.
             e.
          
           〈…〉
           glorious
           Titles
           without
           conveying
           the
           Power
           〈…〉
           ,
           ●ther
           to
           make
           the
           Royal
           Pageant
           ridiculous
           ,
           〈…〉
           him
           ●n
           occasion
           to
           over-rate
           his
           Authority
           ,
           which
           〈…〉
           make
           him
           stretch
           it
           into
           a
           Forfeiture
           ,
           in
           a
           short
           time
           :
           〈…〉
           the
           People
           forfe●●ing
           that
           they
           should
           quickly
           be
           out
           〈◊〉
           with
           being
           governed
           might
           over
           Title
           their
           Monarch
           ,
           and
           ●e
           the
           Principles
           of
           the
           Con●tution
           weak
           on
           purpose
           ,
           that
           so
           〈…〉
           ●pse
           to
           them
           the
           sooner
           .
           But
           that
           neither
           Willlim
           〈…〉
           or
           his
           〈◊〉
           Succe●ors
           received
           their
           Crowns
           by
           way
           〈…〉
           i●●vident
           to
           every
           one
           ,
           who
           has
           seen
           any
           thing
           of
           our
           H●stories
           ;
           so
           that
           this
           Notion
           of
           t●e
           Enquirers
           is
           perfectly
           Chimer●al
           as
           to
           us
           .
        
         
           For
           granting
           ,
           as
           Mr.
           Hunton
           Observes
           ,
           (
           Treatise
           of
           Monarchy
           ,
           pag.
           16.
           )
           
             That
             Subjection
             is
             not
             immediately
             founded
             in
             Conquest
             ,
             but
             in
             Cons●rt
          
           ;
           yet
           Consent
           in
           such
           a
           Case
           is
           forced
           ,
           necessary
           and
           unavoidable
           ▪
           and
           includes
           an
           entire
           Submission
           to
           the
           Conquerors
           pleasure
           .
           〈◊〉
           when
           a
           King
           has
           his
           Enemies
           (
           for
           a
           Canquered
           People
           are
           no
           〈◊〉
           at
           first
           )
           〈◊〉
           such
           an
           Advantage
           ,
           he
           will
           scarcely
           be
           pers●●ded
           to
           put
           any
           conditions
           of
           Forfeiture
           into
           his
           Title
           ,
           and
           Reig●●●●
           their
           Courtesy
           .
           For
           how
           frank
           soever
           he
           or
           his
           Successors
           m●y
           be
           in
           other
           respects
           ,
           it
           's
           unimaginable
           to
           suppose
           they
           will
           〈◊〉
           them
           any
           Dethroning
           Power
           in
           their
           Charter
           .
        
         
           And
           〈◊〉
           t●e
           Case
           stands
           thus
           ,
           we
           may
           fairly
           conclude
           ,
           That
           that
           Magnificency
           of
           Style
           ,
           with
           which
           our
           Kings
           are
           always
           mentioned
           ,
           has
           a
           suitable
           Authority
           belonging
           to
           it
           ;
           that
           those
           August
           
           Names
           of
           
             Imperial
             Crown
             ,
             Sovereign
             ,
             Supream
             ,
          
           &c.
           which
           we
           meet
           with
           so
           often
           in
           our
           Courts
           of
           Justice
           ,
           Conveyances
           ,
           and
           Acts
           of
           Parliament
           ,
           are
           no
           empty
           insignificant
           Sounds
           ,
           nor
           ever
           designed
           to
           describe
           a
           Precarious
           Prince
           ,
           who
           may
           be
           Resisted
           or
           Deposed
           at
           pleasure
           .
        
         
           In
           his
           Sixth
           Section
           he
           will
           allow
           no
           Prince
           to
           have
           a
           Divine
           Authority
           ,
           unless
           he
           can
           prove
           his
           Delegation
           
             by
             Prophets
             ,
             &c.
          
           And
           yet
           St.
           Paul
           calls
           the
           Roman
           Emperor
           the
           Minister
           of
           God
           ;
           and
           I
           believe
           the
           Enquirer
           will
           grant
           that
           neither
           Claudius
           ,
           or
           any
           of
           his
           Family
           were
           Proclaimed
           by
           
             Bath
             .
             Coll.
          
           or
           Crowned
           by
           an
           Angel
           from
           Heaven
           .
           I
           somewhat
           wonder
           that
           our
           Author
           should
           advance
           such
           Propositions
           as
           these
           ;
           who
           grants
           (
           Sect.
           10.
           )
           
             That
             the
             Submission
             of
             the
             People
             together
             with
             a
             long
             Prescription
             makes
             a
             Prince
             a
             legal
             Governor
             ,
             and
             when
             his
             Power
             is
             once
             settled
             by
             Law
             ,
             he
             has
             a
             good
             a
             Right
             to
             it
             as
             any
             private
             Person
             can
             have
             to
             his
             Property
             .
          
        
         
           And
           immediately
           after
           he
           affirms
           ,
           
             That
             though
             a
             Man
             has
             acquired
             his
             Property
             by
             Humane
             means
             ,
             such
             as
             Succession
             ,
          
           &c.
           
             yet
             he
             has
             a
             security
             for
             the
             Enjoyment
             of
             it
             from
             a
             Divine
             Right
             .
          
        
         
           Now
           if
           Prescription
           and
           Succession
           gives
           a
           Prince
           a
           good
           
             Humane
             Title
          
           ,
           and
           this
           Title
           is
           confirmed
           by
           the
           
             Rules
             of
             Natural
          
           and
           Revealed
           Religion
           .
           One
           would
           think
           since
           he
           is
           thus
           secured
           in
           his
           Government
           by
           a
           Divine
           Right
           ,
           he
           had
           a
           Divine
           Right
           to
           govern
           .
        
         
           But
           after
           all
           I
           freely
           yield
           the
           Enquirer
           ,
           
             That
             we
             cannot
             reasonably
             conclude
             from
             bare
             Possession
             ,
             that
             it
             is
             the
             Will
             of
             God
             such
             Persons
             should
             be
             our
             Governors
          
           ;
           for
           the
           most
           part
           we
           ought
           to
           conclude
           the
           contrary
           ,
           because
           ,
           as
           he
           well
           observes
           ,
           this
           Argument
           from
           Possession
           
             Iustifies
             all
             Usurpers
             when
             they
             are
             Successful
             .
          
        
         
           By
           his
           Seventh
           Paragraph
           we
           are
           to
           take
           
             Our
             Measures
             of
             Power
             ,
             and
             by
             consequence
             of
             Obedience
             ,
             from
             the
             express
             Laws
             of
             the
             State
             ,
             from
             the
             Oaths
             which
             are
             sworn
             by
             the
             Subject
             ,
          
           &c.
           
        
         
           To
           make
           this
           reasoning
           applicable
           to
           the
           Case
           in
           hand
           ,
           I
           shall
           only
           observe
           at
           present
           ,
           that
           by
           his
           own
           Concessions
           (
           Sect.
           13.
           )
           
             There
             are
             many
             express
             Laws
             made
             which
             lodge
             the
             Militia
             singly
             in
             the
             King
             ,
             that
             make
             it
             plainly
             unlawful
             upon
             any
             pretence
             whatever
             ,
             to
             take
             up
             Arms
             against
             his
             Majesty
             ,
             or
             any
             Commissionated
             by
             him
             ,
             and
             that
             these
             Laws
             have
             been
             put
             into
             the
             Form
             of
             an
             Oath
             ,
             and
             sworn
             by
             all
             those
             who
             have
             born
             any
             Employment
             in
             Church
             or
             State.
             
          
        
         
           How
           well
           he
           reconciles
           the
           Doctrine
           of
           Resistance
           with
           these
           Remarques
           ,
           will
           be
           seen
           afterwards
           .
        
         
           The
           Eigth
           Section
           brings
           us
           from
           Natural
           Religion
           ,
           to
           the
           Scriptures
           of
           the
           Old
           Testament
           ,
           but
           it
           's
           only
           to
           shew
           
             That
             they
             are
             not
             to
             be
             made
             use
             of
             in
             this
             matter
             .
          
        
         
         
           Now
           under
           favour
           ,
           I
           conceive
           ,
           These
           Scriptures
           are
           not
           so
           foreign
           to
           the
           Point
           ,
           as
           the
           Enquirer
           supposes
           .
           For
           though
           the
           Jewish
           Government
           was
           particularly
           designed
           for
           that
           People
           ,
           yet
           being
           settled
           by
           Divine
           appointment
           ,
           it
           ought
           to
           be
           highly
           esteem'd
           and
           imitated
           in
           its
           standing
           and
           general
           Maxims
           ,
           by
           the
           rest
           of
           the
           World.
           God
           perfectly
           understands
           the
           Tempers
           ,
           Weaknesses
           ,
           and
           Passions
           of
           Mankind
           ;
           which
           makes
           him
           infinitely
           more
           able
           to
           judge
           what
           sort
           of
           Polity
           best
           Answers
           the
           Ends
           of
           Society
           .
           So
           that
           whatever
           is
           not
           of
           a
           peculiar
           and
           temporary
           Nature
           in
           his
           Establishment
           ,
           should
           be
           the
           Model
           of
           their
           Government
           .
        
         
           And
           to
           apply
           this
           Observation
           ;
           since
           there
           were
           no
           allowances
           of
           Resistance
           in
           the
           Jewish
           Government
           :
           But
           certain
           Death
           was
           the
           ordained
           Consequence
           of
           Disobedience
           to
           the
           Civil
           Power
           ,
           Deut.
           17.
           12.
           
           We
           ought
           to
           conclude
           that
           such
           a
           general
           Submission
           is
           most
           rational
           ,
           and
           advantageous
           for
           the
           publick
           Good
           ,
           and
           therefore
           are
           to
           take
           it
           for
           granted
           ,
           that
           all
           Christian
           States
           especially
           are
           settled
           upon
           this
           Passive
           Principle
           ,
           where
           there
           are
           not
           express
           Proofs
           of
           the
           contrary
           .
           For
           it
           's
           no
           Honour
           to
           the
           Memory
           of
           our
           Forefathers
           ,
           to
           infer
           by
           remote
           and
           strained
           Implications
           ,
           that
           they
           thought
           themselves
           wiser
           than
           God
           Almighty
           .
        
         
           To
           the
           former
           part
           of
           his
           Ninth
           Section
           I
           have
           nothing
           to
           object
           ,
           but
           am
           ready
           to
           joyn
           Issue
           with
           him
           upon
           his
           Notion
           .
           As
           to
           what
           he
           mentions
           concerning
           
             The
             State
             of
             the
             Primitive
             Christians
             ,
          
           I
           shall
           have
           occasion
           to
           touch
           upon
           it
           afterwards
           .
        
         
           I
           shall
           pass
           over
           his
           Tenth
           Section
           ,
           as
           being
           in
           a
           manner
           comprehended
           in
           his
           Ninth
           ,
           and
           proceed
           to
           the
           Eleventh
           which
           brings
           us
           home
           to
           our
           English
           Government
           .
           Where
           as
           a
           Corollary
           from
           his
           former
           Discourse
           ,
           he
           concludes
           ,
           That
           the
           Question
           in
           debate
           
             Must
             be
             determined
             by
             the
             fixt
             Laws
             and
             Regulations
             of
             the
             Kingdom
             .
          
        
         
           Which
           is
           some
           comfort
           ;
           for
           then
           we
           ought
           not
           to
           be
           over-rul'd
           by
           any
           
             General
             Considerations
             from
             Speculations
          
           about
           Original
           Liberty
           ,
           or
           Arbitrary
           Constructions
           of
           
             Salus
             Populi
          
           :
           Nor
           yet
           by
           the
           Authorities
           of
           Civilians
           ,
           especially
           those
           Foreign
           ones
           ,
           who
           have
           had
           a
           Republican
           Byass
           clap'd
           upon
           their
           Education
           .
           In
           this
           Paragraph
           he
           informs
           his
           Reader
           ,
           That
           the
           
             King's
             Prerogative
             is
             bounded
          
           ,
           and
           that
           it's
           Injustice
           to
           carry
           it
           beyond
           it's
           
             Legal
             Extent
          
           ,
           which
           no
           one
           denies
           .
           As
           for
           his
           Instance
           ,
           I
           cannot
           well
           imagine
           what
           he
           brought
           it
           for
           ;
           I
           hope
           it
           was
           not
           to
           try
           if
           he
           could
           make
           some
           People
           believe
           that
           his
           Majesty
           had
           Levy'd
           Money
           by
           his
           Army
           ,
           for
           this
           he
           knows
           is
           not
           True.
           But
           when
           any
           of
           this
           Violence
           happens
           ,
           he
           tells
           us
           the
           
             Principle
             of
             Self-Preservation
             seems
             to
             take
             place
             ,
             and
             to
             warrant
             as
             violent
             a
             Resistance
             .
          
        
         
         
           
             It
             seems
             to
             take
             place
             ,
             i.
             e.
          
           he
           is
           not
           sure
           on
           't
           .
           But
           by
           his
           own
           Concessions
           he
           may
           be
           sure
           of
           the
           contrary
           ;
           if
           the
           exercise
           of
           this
           ,
           which
           he
           calls
           Self-Preservation
           ,
           be
           restrained
           by
           the
           Constitution
           ,
           whether
           it
           is
           ,
           or
           not
           ,
           besides
           what
           has
           been
           said
           already
           ,
           will
           appear
           farther
           afterwards
           .
        
         
           There
           is
           nothing
           more
           certain
           than
           that
           as
           he
           observes
           ,
           Sect.
           12.
           
           
             The
             English
             have
             their
             Liberties
             and
             Properties
          
           secured
           to
           them
           by
           the
           Constitution
           .
           But
           an
           allowance
           of
           fighting
           their
           Prince
           in
           Defence
           of
           these
           Liberties
           ,
           &c.
           is
           so
           far
           from
           being
           Reserved
           to
           them
           ,
           that
           it
           's
           plainly
           forbidden
           by
           
             Many
             Possitive
             and
             Express
             Laws
          
           .
        
         
           Indeed
           how
           is
           it
           possible
           such
           a
           Liberty
           should
           be
           Reserved
           in
           our
           Government
           ,
           which
           as
           the
           Enquirer
           acknowledges
           ,
           lodges
           the
           Militia
           (
           
             i.
             e.
          
           the
           Power
           of
           the
           Sword
           )
           singly
           in
           the
           King.
           So
           that
           without
           his
           Order
           ,
           none
           of
           his
           Subjects
           can
           Form
           themselves
           into
           Troops
           ,
           or
           carry
           the
           face
           of
           an
           Army
           ,
           without
           being
           lyable
           to
           the
           highest
           Penalties
           .
           And
           whereas
           he
           urges
           ,
           
             That
             if
             we
             have
             a
             Right
             to
             our
             Property
             ,
             we
             must
             likewise
             be
             supposed
             to
             have
             a
             Right
             to
             preserve
             it
             .
          
           He
           means
           by
           Force
           .
           To
           this
           I
           Answer
           ,
        
         
           First
           ,
           That
           a
           Man
           may
           have
           an
           unquestionable
           Right
           to
           some
           Things
           ,
           which
           he
           has
           no
           Warrant
           to
           recover
           
             Vi
             &
             Armis
          
           ,
           but
           must
           rest
           the
           Enjoyment
           of
           them
           ,
           with
           the
           Conscience
           and
           Prudence
           of
           another
           .
           
             E.
             G.
          
           If
           the
           Father
           of
           a
           wealthy
           Person
           falls
           into
           deep
           Poverty
           ,
           he
           has
           an
           undoubted
           Right
           to
           a
           Maintenance
           out
           of
           his
           Sons
           Estate
           ,
           and
           yet
           he
           cannot
           fairly
           recover
           it
           by
           Force
           ,
           without
           a
           Legal
           Provision
           for
           this
           purpose
           .
           To
           bring
           the
           Instance
           nearer
           home
           :
           The
           Right
           of
           making
           War
           and
           Peace
           ,
           is
           an
           Indisputable
           Branch
           of
           the
           King's
           Prerogative
           ;
           yet
           unless
           his
           Subjects
           assist
           him
           ,
           this
           Authority
           can
           seldom
           be
           exerted
           to
           any
           Successful
           effect
           ,
           because
           his
           Majesty
           cannot
           Levy
           Money
           (
           which
           is
           the
           Sinews
           of
           War
           )
           without
           the
           consent
           of
           Parliament
           .
        
         
           Farther
           ,
           every
           one
           who
           is
           injured
           in
           his
           Property
           ,
           and
           endeavours
           the
           regaining
           of
           it
           by
           course
           of
           Law
           ,
           has
           without
           doubt
           a
           Right
           to
           have
           Justice
           done
           him
           .
           But
           if
           the
           Court
           ,
           where
           the
           Cause
           is
           depending
           ,
           happens
           to
           be
           mistaken
           ,
           or
           corrupted
           ,
           I
           desire
           to
           know
           whether
           it
           's
           Lawful
           for
           him
           to
           raise
           his
           Arrier
           Ban
           upon
           such
           a
           Disappointment
           ?
        
         
           Our
           Author
           is
           obliged
           by
           his
           Principle
           to
           say
           no
           ;
           and
           therefore
           he
           must
           either
           Answer
           ,
        
         
           1.
           
           That
           the
           Party
           aggreived
           ought
           to
           appeal
           to
           a
           higher
           Court
           ;
           to
           which
           it
           may
           be
           replyed
           ,
           That
           it
           's
           possible
           for
           him
           to
           meet
           with
           the
           same
           misfortune
           thēre
           ;
           for
           our
           Constitution
           does
           not
           pretend
           to
           any
           Insallible
           ,
           or
           Impecable
           Judges
           .
        
         
         
           2.
           
           His
           Second
           Answer
           ,
           must
           be
           that
           this
           is
           a
           Private
           Case
           ,
           and
           therefore
           a
           Man
           is
           bound
           to
           submit
           to
           ill
           usage
           ,
           rather
           than
           disturb
           the
           publick
           Peace
           .
           But
           to
           this
           I
           return
           ,
           that
           we
           may
           suppose
           a
           general
           failure
           of
           Justice
           through
           Subornation
           ,
           Bribery
           ,
           &c.
           and
           then
           the
           Oppression
           will
           be
           of
           a
           publick
           and
           Extensive
           Nature
           ;
           and
           yet
           if
           a
           grievance
           of
           this
           Magnitude
           should
           continue
           unredress'd
           after
           complains
           ,
           our
           Author
           will
           not
           allow
           us
           the
           benefit
           of
           any
           rougher
           Methods
           ;
           for
           he
           frankly
           tells
           us
           ,
           
             That
             it
             's
             not
             lawful
             to
             Resist
             the
             King
             upon
             any
             Pretence
             of
             ill
             Administration
             in
             the
             Execution
             of
             the
             Law.
          
           Pag.
           14.
           so
           that
           by
           his
           own
           Argument
           ,
           we
           may
           have
           some
           very
           considerable
           Rights
           ,
           which
           it
           's
           not
           justifiable
           to
           demand
           of
           the
           Government
           with
           a
           drawn
           Sword.
           
        
         
           Secondly
           ,
           This
           Liberty
           of
           Resistance
           dissolves
           all
           Government
           ▪
           For
           as
           I
           have
           already
           Observ'd
           ,
           when
           every
           man
           is
           the
           Judge
           of
           his
           own
           Priviledges
           ,
           
             i.
             e.
          
           when
           he
           is
           made
           the
           Authentick
           Interpreter
           of
           the
           Laws
           ,
           and
           may
           use
           all
           the
           force
           he
           can
           get
           ,
           at
           his
           discretion
           against
           the
           State
           ;
           he
           is
           then
           most
           certainly
           to
           be
           govern'd
           by
           no
           body
           but
           himself
           .
           And
           therefore
           ,
        
         
           Thirdly
           ,
           This
           Liberty
           must
           be
           the
           worst
           security
           for
           Peace
           and
           Property
           imaginable
           ,
           as
           I
           shall
           shew
           more
           at
           large
           by
           and
           by
           .
        
         
           As
           for
           his
           limiting
           Resistance
           ,
           
             To
             plain
             and
             visible
             Invasions
          
           .
           This
           is
           a
           very
           feeble
           Remedy
           against
           Confusion
           .
           For
           since
           every
           one
           is
           made
           Judge
           of
           the
           Evidence
           ,
           and
           the
           generality
           are
           naturally
           over
           credulous
           ,
           and
           apt
           to
           believe
           ill
           of
           their
           Governours
           ,
           when
           designing
           Men
           have
           once
           impos'd
           upon
           their
           understandings
           ,
           and
           almost
           har'd
           them
           out
           of
           their
           sences
           ,
           then
           every
           thing
           will
           be
           plain
           to
           them
           but
           their
           Duty
           .
           Thus
           it
           was
           plain
           that
           Charles
           the
           First
           intended
           to
           introduce
           Popery
           ;
           though
           possibly
           never
           any
           Person
           since
           the
           Reformation
           gave
           ●etter
           proof
           of
           his
           Adherence
           to
           the
           Church
           of
           England
           than
           that
           ●rince
           .
        
         
           Thus
           likewise
           at
           the
           beginning
           of
           this
           present
           Revolution
           ,
           it
           was
           plain
           to
           the
           greatest
           part
           of
           the
           Nation
           ,
           that
           his
           Majesty
           had
           made
           a
           League
           with
           the
           French
           King
           to
           Extirpate
           the
           Protestants
           and
           their
           Religion
           .
           Though
           now
           the
           World
           sees
           there
           never
           was
           a
           more
           Malicious
           ,
           and
           unreasonable
           Calumny
           invented
           :
           But
           though
           Reports
           of
           this
           Nature
           are
           never
           so
           monstrous
           and
           nonsensical
           ,
           yet
           at
           this
           rate
           we
           shall
           never
           want
           a
           Demonstration
           for
           a
           Rebellion
           ;
           as
           long
           as
           such
           loose
           Principles
           ,
           as
           the
           Enquirer
           advances
           ,
           are
           allowed
           .
        
         
           His
           Thirteenth
           Section
           contains
           nothing
           but
           Objections
           ,
           which
           to
           do
           him
           Justice
           ,
           are
           fairly
           put
           ,
           considering
           the
           small
           compass
           they
           are
           drawn
           into
           .
           How
           well
           he
           gets
           clear
           of
           the
           Difficulties
           
           he
           was
           sensible
           of
           ,
           the
           Reader
           must
           judge
           ;
           for
           now
           we
           are
           coming
           to
           his
        
         
           Fourteenth
           and
           Dead
           doing
           Paragraph
           ,
           in
           which
           he
           offers
           to
           take
           off
           all
           the
           Arguments
           ,
           which
           are
           made
           for
           Non-resistance
           .
           Now
           before
           I
           reply
           distinctly
           to
           his
           Answers
           ,
           I
           shall
           endeavour
           to
           offer
           something
           more
           than
           I
           have
           urged
           already
           in
           Consutation
           of
           his
           main
           Principle
           .
        
         
           And
           here
           it
           's
           not
           amiss
           to
           observe
           ,
           That
           the
           Enquirer
           in
           his
           Ninth
           Section
           ,
           
             Makes
             the
             Measures
             of
             our
             Submission
             much
             shorter
             ,
          
           than
           those
           of
           the
           Ancient
           Christians
           ,
           because
           
             Our
             Religion
             is
             Established
             by
             Law.
          
           By
           vertue
           of
           which
           Distinction
           ,
           he
           makes
           our
           Faith
           fall
           under
           
             the
             consideration
             of
             Property
          
           ,
           and
           from
           thence
           concludes
           by
           Implication
           ,
           That
           we
           may
           resist
           our
           Prince
           in
           defence
           of
           it
           .
        
         
           But
           we
           are
           to
           consider
           though
           our
           Religion
           has
           a
           legal
           Settlement
           ,
           yet
           we
           have
           no
           Authority
           to
           maintain
           it
           by
           Force
           .
           Nay
           our
           Laws
           are
           express
           as
           it
           's
           possible
           against
           all
           manner
           of
           Resistance
           (
           as
           himself
           acknowledges
           .
           )
           Now
           the
           Law
           is
           certainly
           the
           Measure
           of
           all
           Civil
           Right
           ,
           and
           therefore
           to
           carve
           out
           our selves
           a
           greater
           Security
           than
           the
           Law
           allows
           ,
           is
           Destructive
           of
           all
           Government
           .
           If
           the
           Mobile
           get
           this
           hint
           ,
           it
           's
           to
           be
           feared
           they
           will
           give
           him
           no
           occasion
           in
           their
           Second
           Expedition
           ,
           to
           admire
           them
           for
           Burning
           and
           Plundering
           with
           so
           much
           Temper
           and
           Moderation
           .
        
         
           Further
           he
           grants
           ,
           by
           Consequence
           ,
           That
           the
           Roman
           Emperours
           were
           irresistable
           .
           For
           I
           don't
           find
           that
           he
           allows
           the
           Primitive
           Christians
           a
           Liberty
           of
           Resistance
           ,
           though
           they
           were
           invaded
           in
           their
           Lives
           and
           Properties
           ,
           as
           well
           us
           in
           their
           Religion
           .
        
         
           Now
           if
           these
           Emperours
           were
           irresistable
           ,
           I
           desire
           to
           know
           what
           made
           them
           so
           ;
           if
           he
           Answers
           
             the
             Laws
          
           ,
           I
           Reply
           ,
           That
           the
           English
           Constitution
           is
           as
           full
           against
           taking
           Arms
           to
           oppose
           the
           King
           as
           is
           possible
           .
           If
           he
           Replies
           ,
           That
           it
           was
           unlawful
           to
           resist
           the
           Roman
           Emperours
           ,
           because
           the
           making
           of
           Laws
           was
           wholy
           in
           their
           own
           Power
           ;
           but
           where
           the
           Legative
           Authority
           is
           partly
           in
           the
           King
           ,
           and
           partly
           in
           the
           People
           ,
           the
           Case
           is
           otherwise
           .
           To
           this
           I
           Answer
           ,
           That
           the
           Division
           of
           the
           Legislative
           Power
           does
           not
           weaken
           the
           Obligation
           of
           a
           Law
           ,
           when
           all
           the
           Distinct
           Authorities
           concur
           to
           the
           making
           of
           it
           .
           
             E.
             G.
          
           I
           Question
           not
           but
           our
           Author
           will
           grant
           that
           the
           English
           Laws
           ,
           though
           the
           People
           have
           a
           share
           in
           Enacting
           them
           ,
           are
           as
           perfect
           ,
           and
           ought
           to
           be
           as
           inviolable
           ,
           as
           those
           in
           Turkey
           ,
           where
           all
           depends
           upon
           the
           Princes
           Will
           :
           Therefore
           if
           the
           Authority
           of
           the
           Kingdom
           Declares
           their
           Prince
           Irresistible
           ,
           this
           makes
           him
           as
           much
           so
           ,
           as
           if
           he
           had
           given
           himself
           this
           Power
           by
           Conquest
           ,
           and
           had
           been
           the
           most
           Absolute
           Monarch
           in
           the
           World.
           
        
         
         
           And
           as
           this
           Priviledge
           is
           clear
           ,
           so
           he
           may
           make
           it
           Immortal
           if
           he
           pleases
           ,
           provided
           he
           has
           a
           Negative
           upon
           the
           Remainder
           of
           the
           Legislative
           Power
           (
           as
           the
           King
           has
           upon
           the
           Two
           Houses
           )
           so
           that
           the
           Constitution
           cannot
           be
           alter'd
           without
           his
           own
           Consent
           .
        
         
           Nay
           if
           the
           People
           have
           given
           up
           their
           Rights
           of
           Resistance
           by
           their
           own
           voluntary
           Motion
           ,
           they
           are
           bound
           in
           Honour
           as
           well
           as
           Justice
           to
           maintain
           their
           own
           Act.
           So
           that
           it
           seems
           more
           unaccountable
           not
           to
           Acquiesce
           in
           this
           Case
           ,
           than
           if
           they
           had
           been
           forc'd
           into
           such
           a
           submission
           .
        
         
           Though
           it
           's
           not
           improper
           to
           Observe
           ,
           That
           the
           Act
           which
           I
           have
           now
           in
           view
           (
           viz.
           13
           Car.
           2
           )
           which
           tells
           us
           ,
           
             It
             's
             unlawfull
             to
             Levy
             War
             Offensive
             ,
             or
             Defensive
             against
             the
             King.
          
           Does
           not
           so
           much
           pretend
           to
           vest
           the
           King
           with
           any
           new
           Authority
           ,
           as
           to
           acknowledg
           his
           Antecedent
           Right
           ,
           where
           it
           's
           likewise
           Declar'd
           that
           
             The
             Militia
             has
             ever
             been
             the
             undoubted
             Right
             of
             his
             Majesty
             and
             his
             Predecessors
             .
          
        
         
           Which
           is
           as
           plain
           a
           Concession
           as
           can
           be
           ,
           that
           this
           Parliament
           did
           not
           believe
           our
           Government
           began
           upon
           Hobs
           his
           Pacts
           ,
           or
           that
           the
           King
           had
           his
           Power
           Originally
           from
           the
           People
           .
           But
           supposing
           the
           Government
           was
           Founded
           in
           the
           Voluntary
           consent
           of
           the
           People
           (
           the
           contrary
           of
           which
           has
           been
           proved
           ;
           )
           yet
           after
           they
           have
           once
           by
           the
           most
           Solemn
           and
           Deliberate
           Act
           bound
           up
           their
           Hands
           ,
           and
           made
           it
           Unlawful
           under
           the
           highest
           Penalties
           ,
           to
           use
           Force
           against
           the
           Magistrate
           ;
           in
           this
           Case
           it
           's
           unreasonable
           to
           suppose
           they
           can
           resume
           their
           Antient
           Liberty
           at
           pleasure
           .
           For
           that
           which
           a
           Man
           has
           Alienated
           by
           his
           own
           free
           Grant
           ,
           is
           as
           much
           out
           of
           his
           Power
           ,
           as
           if
           he
           had
           never
           been
           possess'd
           of
           it
           at
           all
           .
           So
           that
           it
           's
           as
           great
           Injustice
           to
           wrest
           back
           that
           ,
           which
           I
           have
           once
           given
           away
           ,
           as
           to
           invade
           my
           Neighbour
           in
           his
           Original
           Property
           .
        
         
           If
           it
           's
           Objected
           ,
           That
           such
           Laws
           of
           Non-resistance
           as
           this
           are
           to
           be
           understood
           with
           a
           
             Tacit
             Exception
             .
             Viz.
          
           Provided
           the
           Magistrate
           does
           not
           press
           too
           hard
           upon
           the
           Constitution
           ,
           and
           Violate
           the
           most
           
             Fundamental
             Parts
          
           of
           it
           .
           To
           this
           I
           Answer
           ,
        
         
           First
           ,
           If
           a
           Law
           which
           is
           so
           absolutely
           against
           all
           Resistance
           ,
           as
           appears
           both
           by
           the
           clear
           and
           comprehensive
           stile
           it
           's
           Pen'd
           in
           ,
           and
           by
           the
           time
           in
           which
           it
           was
           Enacted
           ,
           which
           was
           immediately
           after
           we
           were
           emerged
           out
           of
           the
           Miseries
           of
           a
           long
           Rebellion
           ,
           so
           that
           we
           have
           all
           imaginable
           reason
           to
           believe
           the
           Wisdom
           of
           the
           Nation
           design'd
           to
           make
           the
           most
           effectual
           Provision
           to
           secure
           us
           from
           the
           like
           Calamity
           .
           If
           I
           say
           a
           Law
           thus
           remarkquibly
           worded
           ,
           and
           circumstantiated
           ,
           may
           be
           eluded
           by
           Distinctions
           ,
           and
           Reservations
           ;
           then
           the
           Statute
           Book
           is
           little
           better
           than
           wast
           Paper
           ;
           
           for
           at
           this
           rate
           there
           is
           nothing
           so
           plain
           ,
           but
           may
           be
           glossed
           away
           into
           insignificancy
           .
        
         
           If
           he
           Objects
           ,
           That
           the
           Natural
           Right
           we
           have
           to
           preserve
           and
           protect
           our selves
           ,
           will
           justify
           the
           Defence
           of
           our
           Lives
           and
           Liberties
           against
           all
           Invaders
           whasoever
           ,
           notwithstanding
           any
           positive
           Municipal
           Prohibitions
           to
           the
           contrary
           .
        
         
           To
           this
           I
           Answer
           ,
           That
           to
           Object
           thus
           is
           to
           Argue
           against
           himself
           ,
           as
           well
           as
           against
           Reason
           .
           For
           he
           grants
           by
           undenyable
           Consequence
           ,
           (
           Sect.
           9.
           )
           That
           the
           Primitive
           Christians
           were
           obliged
           to
           Non-resistance
           ,
           because
           they
           
             Lived
             under
             a
             Constitution
             in
             which
             Paganism
             was
             Established
             by
             Law.
          
           He
           should
           have
           said
           ,
           In
           which
           Christianity
           was
           prohibited
           ,
           for
           it
           was
           possible
           for
           both
           Religions
           to
           have
           been
           Established
           ,
           as
           they
           were
           in
           the
           time
           of
           Constantine
           :
           Now
           if
           a
           Municipal
           Law
           ought
           to
           be
           over-ruled
           by
           the
           Law
           of
           Nature
           when
           they
           happen
           to
           clash
           ;
           then
           the
           Christians
           who
           lived
           under
           the
           Heathen
           Emperors
           might
           Lawfully
           have
           taken
           up
           Arms
           against
           the
           Government
           ,
           because
           they
           were
           deprived
           of
           their
           Lives
           and
           Fortunes
           against
           all
           Equity
           and
           Humanity
           .
           For
           to
           persecute
           Men
           so
           remarquibly
           Regular
           and
           Peaceable
           ,
           both
           in
           their
           Principles
           and
           Practices
           ,
           is
           as
           manifest
           a
           Violation
           of
           the
           Law
           of
           Nature
           as
           is
           possible
           .
           And
           if
           it
           was
           Lawful
           for
           them
           to
           resist
           ,
           then
           they
           seem
           bound
           in
           Conscience
           to
           do
           it
           ,
           whenever
           they
           had
           a
           probability
           of
           prevailing
           .
           For
           without
           doubt
           it
           's
           a
           great
           fault
           for
           a
           Man
           to
           throw
           away
           his
           Life
           ,
           impoverish
           his
           Family
           ,
           and
           encourage
           Tyranny
           ,
           when
           he
           has
           a
           fair
           Remedy
           in
           his
           Hand
           .
           But
           our
           Author
           has
           not
           yet
           been
           so
           severe
           ,
           as
           to
           bring
           ▪
           in
           the
           Martyrs
           
             Felo
             de
             se.
          
           But
           ,
        
         
           Secondly
           ,
           The
           Law
           of
           Nature
           obliges
           all
           Men
           to
           stand
           to
           their
           Contracts
           ,
           though
           they
           have
           made
           them
           to
           their
           Disadvantage
           .
           They
           must
           not
           ,
           as
           the
           Scripture
           spea●●
           ,
           change
           ,
           though
           they
           
             Have
             sworn
             to
             their
             own
             hurt
             ,
          
           Psal.
           15.
           
        
         
           Except
           the
           Matter
           of
           the
           Contract
           be
           
             Malum
             in
             se.
          
           But
           for
           Men
           to
           bar
           themselves
           the
           use
           of
           some
           Liberties
           (
           though
           never
           so
           unquestionable
           )
           with
           respect
           to
           some
           particular
           Persons
           ,
           and
           to
           tye
           up
           their
           Hands
           in
           reference
           to
           their
           Governors
           ,
           is
           no
           
             Malum
             in
             se
          
           ,
           for
           in
           such
           a
           case
           they
           dispose
           of
           nothing
           ,
           but
           what
           is
           their
           own
           ,
           and
           that
           upon
           a
           valuable
           consideration
           .
           Thus
           much
           is
           acknowledged
           by
           our
           Author
           (
           Sect.
           1.
           )
           For
           he
           tells
           us
           ,
           
             That
             by
             the
             Law
             of
             Nature
             a
             Man
             may
             bind
             himself
             to
             be
             a
             Servant
             ,
             or
             sell
             himself
             to
             be
             a
             Slave
             ,
             by
             which
             he
             becomes
             in
             the
             Power
             of
             another
             ,
             so
             far
             as
             it
             was
             provided
             by
             the
             Contract
             .
          
           So
           that
           where
           the
           Contract
           is
           clear
           ,
           it
           ought
           to
           be
           punctually
           observed
           .
           From
           whence
           it
           follows
           ,
           That
           
           when
           a
           Nation
           shall
           Deliberately
           ,
           and
           Authoritatively
           declare
           ,
           either
           that
           it
           always
           was
           Unlawful
           for
           them
           to
           take
           up
           Arms
           against
           their
           King
           ;
           or
           at
           least
           that
           it
           should
           be
           so
           for
           the
           future
           .
           After
           they
           have
           thus
           Solemnly
           disclaim'd
           all
           manner
           of
           Right
           ,
           or
           pretence
           to
           Resistance
           ,
           to
           defend
           themselves
           by
           Force
           ,
           is
           a
           notorious
           Infraction
           of
           their
           Promise
           ,
           and
           as
           much
           a
           breach
           of
           the
           Moral
           Law
           ,
           as
           of
           the
           Statute
           Book
           .
        
         
           Thirdly
           ,
           Because
           the
           Authority
           of
           the
           Constitution
           must
           be
           weakned
           ,
           and
           the
           Ends
           of
           Government
           lost
           ,
           by
           allowing
           the
           Subject
           a
           Latitude
           of
           Exposition
           ,
           therefore
           the
           Wisdom
           of
           the
           Nation
           has
           thought
           fit
           to
           stick
           by
           the
           Letter
           ,
           when
           it
           's
           plain
           and
           unquestionable
           ,
           though
           it
           is
           apparently
           against
           the
           intention
           of
           the
           Law.
           
        
         
           Of
           this
           Practice
           I
           shall
           give
           a
           considerable
           Instance
           .
        
         
           In
           the
           Reign
           of
           Henry
           the
           Sixth
           there
           was
           an
           Act
           made
           (
           which
           I
           have
           already
           cited
           to
           another
           purpose
           )
           in
           which
           all
           Persons
           not
           possessed
           of
           Forty
           Shillings
           
             per
             Annum
          
           Free-hold
           ,
           are
           declared
           uncapable
           of
           Electing
           Knights
           for
           the
           County
           .
           The
           Design
           of
           which
           Act
           was
           to
           strike
           the
           Mobile
           out
           of
           the
           Government
           ,
           and
           that
           none
           but
           Persons
           of
           presum'd
           Discretion
           might
           have
           a
           share
           in
           choosing
           their
           Representatives
           .
        
         
           But
           the
           value
           of
           Money
           being
           so
           prodigiously
           altered
           since
           that
           time
           ,
           Fifteen
           Shillings
           now
           ,
           probably
           being
           not
           more
           than
           one
           then
           ;
           This
           alteration
           has
           thrown
           the
           Elections
           upon
           Multitudes
           of
           People
           ,
           who
           are
           apparently
           excluded
           by
           the
           intention
           of
           that
           Law.
           Yet
           to
           preserve
           the
           Majesty
           of
           these
           publick
           Provisions
           inviolable
           ,
           this
           Act
           has
           always
           been
           Religiously
           observed
           in
           the
           literal
           Construction
           ,
           though
           it
           's
           manifestly
           against
           the
           meaning
           of
           those
           who
           made
           it
           .
        
         
           Fourthly
           ,
           The
           Government
           ,
           and
           consequently
           the
           publick
           Liberties
           ,
           are
           best
           secured
           by
           adhering
           to
           the
           utmost
           extent
           of
           the
           Words
           of
           this
           Act
           ,
           
             i.
             e.
          
           by
           perpetual
           Non-resistance
           ,
           and
           therefore
           if
           we
           had
           nothing
           else
           to
           determine
           us
           ,
           we
           may
           be
           well
           assured
           ,
           it
           was
           the
           intention
           of
           the
           Legislators
           to
           oblige
           us
           to
           the
           Letter
           .
        
         
           In
           order
           to
           the
           proving
           this
           more
           at
           large
           ,
           we
           are
           to
           consider
           ,
           That
           the
           World
           was
           never
           yet
           so
           happy
           ,
           as
           to
           be
           Wise
           ,
           nor
           I
           am
           afraid
           Honest
           in
           the
           greatest
           part
           of
           its
           Numbers
           .
           Now
           as
           long
           as
           the
           gross
           Body
           of
           Mankind
           are
           thus
           unfortunate
           in
           their
           Understandings
           and
           Morals
           ,
           the
           Peace
           of
           Society
           would
           be
           very
           indifferently
           secured
           ,
           if
           it
           might
           be
           disturb'd
           by
           a
           Civil
           War
           ,
           as
           often
           as
           Weak
           ,
           or
           Designing
           Men
           should
           alledge
           their
           Grievances
           would
           Warrant
           them
           in
           Resistance
           .
        
         
         
           Which
           will
           appear
           further
           if
           we
           consider
           ,
           That
           in
           all
           Governments
           though
           never
           so
           unexceptionably
           managed
           ,
           there
           will
           be
           always
           abundance
           of
           Male
           Contents
           .
           Some
           are
           Distructed
           because
           they
           think
           they
           are
           not
           sufficiently
           taken
           notice
           of
           ,
           which
           makes
           them
           endeavour
           to
           subvert
           the
           present
           Establishment
           ,
           in
           hopes
           of
           being
           better
           considered
           in
           another
           Revolution
           .
           Others
           are
           Angry
           because
           they
           are
           removed
           from
           Places
           of
           Profit
           ,
           and
           Reputation
           ,
           though
           possibly
           they
           have
           lost
           their
           Post
           by
           their
           own
           Misbehavior
           ,
           or
           at
           most
           the
           Prince
           shews
           no
           more
           Arbitrariness
           in
           this
           Case
           ,
           than
           is
           allowed
           every
           private
           Man
           ,
           who
           has
           the
           liberty
           of
           changing
           his
           Servants
           at
           his
           pleasure
           .
           A
           third
           sort
           happen
           to
           have
           some
           private
           Dispute
           with
           the
           Ministers
           ,
           whom
           because
           they
           cannot
           Displace
           ,
           they
           are
           resolved
           to
           revenge
           their
           Quarrel
           upon
           the
           King
           ,
           as
           if
           a
           Man
           should
           murther
           the
           Master
           of
           the
           Family
           ,
           or
           blow
           up
           his
           House
           ,
           only
           because
           he
           is
           fallen
           out
           with
           some
           of
           the
           Servants
           .
        
         
           This
           Man
           has
           debauch'd
           away
           his
           Fortune
           ,
           and
           if
           he
           cannot
           plunder
           upon
           another
           ,
           he
           is
           under
           a
           necessity
           of
           starving
           his
           Vice
           ;
           which
           makes
           him
           lay
           hold
           of
           every
           Opportunity
           to
           embroil
           the
           State.
           In
           short
           ,
           some
           Translate
           their
           Allegiance
           out
           of
           Indigence
           ,
           and
           some
           out
           of
           Spite
           .
           Some
           Conspiracies
           are
           strengthned
           by
           Compliance
           ,
           because
           a
           Man
           won't
           be
           so
           morose
           ,
           as
           to
           be
           Loyal
           ,
           when
           his
           Friends
           and
           Acquaintance
           are
           on
           the
           other
           Side
           .
           Some
           Engage
           out
           of
           Curiosity
           to
           satisfie
           their
           restless
           humor
           ,
           and
           that
           they
           may
           try
           something
           that
           is
           New.
           And
           some
           Revolt
           to
           shew
           their
           Parts
           ,
           that
           the
           World
           may
           see
           what
           an
           admirable
           Scheme
           of
           Rebellion
           they
           can
           contrive
           ,
           and
           how
           Powerful
           they
           are
           to
           Harangue
           the
           People
           out
           of
           their
           Senses
           and
           Loyalty
           .
           Which
           is
           far
           from
           being
           an
           impossible
           Task
           ,
           for
           the
           Multitude
           are
           as
           unstable
           as
           the
           Wind
           ,
           always
           too
           inclinable
           of
           themselves
           to
           Envy
           ,
           and
           censure
           their
           Governors
           ,
           which
           makes
           them
           so
           easily
           debauched
           by
           every
           Seditious
           Impostor
           .
        
         
           They
           have
           not
           Capacity
           enough
           to
           discover
           the
           Designs
           of
           these
           pretended
           Patriots
           ,
           nor
           to
           foresee
           the
           Miseries
           ,
           which
           are
           consequent
           to
           Intestine
           Commotions
           ,
           nor
           yet
           the
           Compassion
           and
           good
           Nature
           to
           make
           allowances
           for
           the
           necessary
           Miscarriages
           of
           State
           ▪
           They
           are
           Naturally
           uneasie
           ,
           jealous
           ,
           and
           over-credulous
           ,
           which
           makes
           them
           apt
           to
           swallow
           the
           most
           extravagant
           and
           impossible
           Relations
           .
           Tell
           them
           that
           One
           Man
           will
           attempt
           the
           assaulting
           of
           Two
           or
           Three
           hundered
           ,
           though
           he
           knows
           they
           have
           all
           as
           strong
           Arms
           ,
           and
           as
           little
           Passive
           Obedience
           as
           himself
           .
           Tell
           them
           that
           their
           Prince
           intends
           to
           Massacre
           all
           his
           Subjects
           ,
           and
           to
           Reign
           over
           nothing
           but
           Carcases
           ,
           and
           Desarts
           :
           That
           he
           intends
           to
           sell
           them
           to
           a
           
           Foreign
           Nation
           ,
           though
           he
           necessarily
           make
           himself
           a
           Slave
           by
           the
           bargain
           ;
           yet
           all
           these
           Absurdities
           go
           down
           currently
           with
           them
           ,
           when
           they
           are
           confidenly
           reported
           :
           Though
           in
           reality
           to
           suppose
           that
           Princes
           will
           resign
           their
           Authority
           ,
           and
           throw
           away
           their
           Crowns
           ,
           is
           the
           most
           improper
           ,
           and
           impracticable
           Thought
           ,
           we
           can
           possibly
           fix
           upon
           them
           .
        
         
           Those
           who
           are
           born
           and
           bred
           to
           Empire
           and
           great
           expectations
           ,
           and
           accustomed
           to
           the
           Charms
           of
           Sovereignty
           and
           Power
           ,
           who
           are
           remarkable
           for
           a
           Noble
           and
           Magnanimous
           Spirit
           ,
           for
           sedateness
           and
           freedom
           from
           Passion
           ,
           such
           Persons
           don
           't
           usually
           fall
           into
           those
           excesses
           of
           Mortification
           and
           Bigottry
           ,
           as
           to
           throw
           away
           their
           Kingdoms
           ,
           either
           out
           of
           Zeal
           ,
           or
           Contempt
           :
           But
           the
           Populace
           seldom
           consider
           these
           things
           ;
           Nay
           ,
           though
           it
           's
           apparent
           that
           it
           's
           nothing
           but
           the
           Conscientiousness
           ,
           the
           Religious
           Integrety
           ,
           and
           great
           affection
           the
           Prince
           has
           to
           promote
           the
           happiness
           of
           his
           Subjects
           ,
           which
           makes
           his
           Conduct
           unacceptable
           to
           them
           in
           some
           Cases
           ;
           though
           his
           mistakes
           proceed
           from
           no
           worse
           Cause
           than
           misinformation
           ,
           or
           some
           uneven
           parts
           of
           his
           Virtues
           ;
           yet
           they
           want
           either
           the
           Apprehension
           or
           Candour
           ,
           to
           make
           just
           abatements
           for
           so
           harmless
           ,
           and
           generous
           a
           Principle
           :
           But
           are
           as
           violent
           in
           their
           Censures
           ,
           and
           Disobedience
           ,
           as
           if
           he
           had
           fetch'd
           his
           Design
           from
           Hell
           ,
           and
           been
           the
           most
           imperious
           and
           ill-natured
           Tyrant
           in
           the
           World.
           
        
         
           And
           since
           Men
           are
           generally
           such
           untoward
           and
           ungovernable
           Creatures
           ;
           Since
           the
           
             Great
             Vulgar
             ▪
          
           and
           the
           Small
           ,
           are
           lyable
           to
           such
           fatal
           Miscarriages
           ,
           and
           so
           apt
           to
           deceive
           and
           pervert
           each
           other
           :
           Since
           Ambition
           and
           Caprice
           ,
           and
           Covetousness
           have
           the
           Ascendant
           over
           the
           Generality
           ,
           and
           Shams
           and
           Stories
           are
           oftner
           believed
           than
           Truth
           ;
           in
           such
           a
           State
           of
           Degeneracy
           and
           Weakness
           as
           this
           ,
           the
           Government
           must
           be
           built
           upon
           a
           very
           Sandy
           Foundation
           ,
           if
           every
           one
           is
           made
           a
           Judge
           of
           the
           Case
           of
           Resistance
           ,
           and
           all
           the
           Fools
           and
           Knaves
           in
           a
           Kingdom
           may
           Rebel
           when
           they
           please
           .
           Such
           a
           Scheme
           of
           Politicks
           we
           may
           imagine
           would
           fill
           all
           Places
           with
           Tumults
           ,
           Blood
           ,
           and
           ▪
           Confusion
           ,
           and
           in
           a
           short
           time
           almost
           Depopulate
           the
           World.
           
        
         
           But
           I
           understand
           some
           Persons
           Object
           ,
           That
           Popery
           and
           Arbitrary
           Power
           were
           breaking
           in
           like
           a
           Torrent
           upon
           us
           ,
           that
           our
           Lives
           ,
           and
           Libertys
           ,
           and
           Religion
           ,
           were
           just
           upon
           the
           point
           of
           being
           Ravished
           .
           And
           when
           such
           important
           Interests
           lye
           at
           stake
           ,
           and
           we
           are
           in
           danger
           of
           losing
           Two
           Worlds
           at
           once
           ,
           't
           is
           time
           to
           look
           about
           us
           .
           In
           such
           Cases
           of
           Extremity
           singular
           methods
           are
           allowable
           ,
           For
           Necessity
           justifies
           whatever
           it
           forces
           us
           upon
           .
           All
           Oaths
           of
           Allegience
           all
           Provisions
           against
           Resistance
           ,
           though
           never
           so
           peremtory
           and
           
           strict
           ,
           are
           to
           be
           understood
           with
           such
           Exceptions
           as
           these
           :
           For
           Laws
           were
           made
           to
           preserve
           ,
           and
           not
           to
           destroy
           us
           .
           I
           shall
           endeavour
           to
           give
           an
           Answer
           to
           all
           the
           parts
           of
           this
           Objection
           ,
           excepting
           what
           relates
           to
           Arbitrary
           Power
           ,
           which
           shall
           be
           considered
           afterwards
           .
           And
           ,
        
         
           First
           ,
           As
           for
           our
           Religion
           which
           is
           the
           main
           Concern
           ,
           we
           could
           not
           have
           lost
           that
           without
           our
           own
           Faults
           ;
           no
           Man
           can
           rifle
           our
           Thoughts
           ,
           or
           rob
           us
           of
           our
           Understandings
           .
           There
           is
           no
           storming
           of
           a
           Creed
           ,
           if
           it
           's
           not
           betray'd
           by
           Cowardice
           ,
           or
           Treachery
           ,
           it
           's
           Impregnable
           .
        
         
           To
           which
           I
           may
           add
           ,
           That
           Adversity
           is
           the
           best
           Tryal
           of
           Mens
           Sincerity
           ,
           and
           gives
           them
           Opportunity
           for
           the
           Exercise
           of
           the
           noblest
           Vertues
           .
           Christianity
           is
           far
           from
           being
           endamaged
           by
           the
           Patience
           and
           Constancy
           of
           its
           Professors
           .
           To
           speak
           properly
           ,
           a
           Church
           can
           never
           flourish
           so
           much
           ,
           as
           when
           we
           have
           frequent
           Instances
           of
           Fortitude
           ,
           Resignation
           ,
           and
           Contempt
           of
           the
           World
           ,
           and
           all
           other
           unquestionable
           Marks
           of
           an
           Heroick
           and
           Invincible
           Honesty
           .
        
         
           Secondly
           ,
           by
           our
           Religion
           ,
           therefore
           can
           only
           be
           meant
           ,
           the
           free
           ,
           and
           unmolested
           Profession
           of
           it
           ,
           which
           though
           it
           's
           a
           very
           desirable
           Priviledge
           ,
           yet
           we
           must
           not
           contend
           for
           it
           in
           Opposition
           to
           the
           Laws
           of
           God
           and
           our
           Country
           .
           To
           repel
           a
           Persecution
           by
           the
           assistance
           of
           Perjury
           and
           Treason
           ,
           is
           a
           most
           unjustifiable
           and
           fatal
           Remedy
           .
           'T
           is
           a
           Cure
           far
           above
           the
           Malignity
           of
           the
           Distemper
           ,
           and
           conveys
           Plague
           and
           Poyson
           in
           the
           Operation
           ;
           It
           makes
           us
           destroy
           the
           very
           Life
           and
           Essence
           of
           that
           which
           we
           are
           so
           zealous
           to
           maintain
           ,
           and
           damn
           our selves
           to
           secure
           our
           Religion
           .
           The
           Primitive
           Christians
           were
           perfect
           Strangers
           to
           these
           Salves
           for
           Ease
           and
           Self-Preservation
           ,
           and
           yet
           their
           Laws
           could
           not
           be
           plainer
           against
           all
           manner
           of
           Resistance
           than
           ours
           .
        
         
           Besides
           ,
           no
           State
           can
           subsist
           upon
           such
           Reserves
           of
           Interpretation
           as
           these
           .
           For
           ,
           as
           has
           been
           observed
           already
           ,
           if
           Resistance
           is
           warrantable
           in
           any
           case
           ;
           then
           every
           individual
           Person
           must
           be
           made
           a
           judge
           of
           his
           Prince's
           Conduct
           ,
           and
           determine
           what
           sort
           of
           Provocations
           ,
           and
           Opportunities
           are
           sufficient
           to
           justify
           a
           Revolt
           .
           Now
           if
           such
           a
           Liberty
           was
           granted
           ,
           the
           
             Foundations
             of
             the
             Earth
             would
             quickly
             be
             out
             of
             Course
             :
          
           Such
           lose
           Maxims
           as
           these
           do
           no
           less
           than
           Proclaim
           an
           Indulgence
           for
           Anarchy
           and
           Licentiousness
           ,
           and
           tear
           up
           the
           very
           Principles
           of
           Society
           by
           the
           Roots
           .
           For
           granting
           the
           People
           were
           generally
           Honest
           (
           though
           this
           I
           am
           afraid
           is
           a
           supposition
           ,
           which
           has
           much
           more
           of
           Charity
           than
           Judgment
           in
           it
           ,
           )
           yet
           in
           regard
           of
           distance
           ,
           into
           experience
           ,
           credulity
           ,
           and
           shortness
           of
           
           Thought
           ;
           they
           are
           neither
           fit
           to
           pronounce
           upon
           the
           Administration
           of
           their
           Governors
           ,
           nor
           capable
           of
           distinguishing
           Imposture
           from
           Truth
           ;
           nor
           discerning
           enough
           to
           foresee
           ,
           what
           Plunderings
           and
           Rapes
           ,
           what
           Faction
           and
           Atheism
           ,
           what
           extensive
           Ruin
           and
           Desolation
           are
           the
           inevitable
           consequences
           of
           a
           Civil
           War.
           Now
           what
           can
           we
           expect
           but
           frequent
           returns
           of
           such
           a
           Scene
           of
           Misery
           ,
           if
           every
           Man
           may
           hang
           out
           the
           Flag
           of
           Defiance
           against
           his
           Prince
           ,
           whenever
           his
           Weakness
           or
           his
           Wickedness
           shall
           promt
           him
           to
           it
           .
           When
           the
           Subtle
           and
           Ambitious
           can
           practise
           without
           controul
           upon
           the
           unstable
           ,
           and
           unthinking
           Multitude
           ,
           and
           play
           their
           Spleen
           and
           their
           Rhetorick
           against
           the
           Government
           .
           When
           Men
           of
           Turbulent
           and
           Tempestuous
           Spirits
           ,
           who
           love
           to
           live
           in
           a
           Storm
           ,
           that
           they
           may
           gratify
           their
           Malice
           with
           the
           Wreck
           and
           their
           Avarice
           with
           the
           Booty
           .
           When
           such
           Men
           are
           allowed
           to
           blow
           up
           the
           Simple
           ,
           and
           over-credulous
           into
           Jealousie
           and
           Discontent
           ;
           and
           all
           the
           Seditious
           Incendiaries
           may
           throw
           their
           Flambeaus
           ,
           and
           their
           Wild-fire
           about
           a
           Nation
           .
           When
           such
           dangerous
           Freedoms
           as
           these
           (
           which
           yet
           are
           no
           more
           than
           the
           Natural
           consequences
           of
           the
           Doctrine
           of
           Resistance
           )
           are
           given
           ;
           and
           varnished
           over
           with
           the
           specious
           Titles
           of
           
             The
             Laws
             of
             Nature
             and
             Self-Preservation
             :
          
           We
           may
           then
           easily
           imagine
           that
           Justice
           and
           Peace
           would
           soon
           take
           their
           leaves
           of
           this
           World
           ,
           and
           Mankind
           would
           need
           no
           other
           Judgment
           ,
           but
           the
           Effects
           of
           their
           own
           Vice
           and
           Folly
           to
           destroy
           them
           .
           But
           ,
        
         
           Thirdly
           ,
           Supposing
           extremity
           of
           rigour
           in
           Governours
           would
           absolve
           us
           from
           our
           Allegiance
           (
           which
           we
           see
           it
           will
           not
           ;
           )
           yet
           this
           was
           none
           of
           our
           Case
           .
        
         
           Indeed
           if
           we
           were
           to
           form
           an
           Idea
           of
           his
           Majesties
           Government
           ,
           by
           the
           Tragycal
           Harangues
           of
           some
           Men
           ,
           we
           could
           not
           imagine
           any
           thing
           less
           than
           the
           Ten
           Persecutions
           had
           been
           amongst
           us
           ;
           and
           that
           a
           great
           part
           of
           the
           Nation
           had
           been
           Massacred
           ;
           and
           yet
           ,
           God
           be
           thanked
           ,
           we
           lived
           in
           great
           Prosperity
           ,
           free
           from
           the
           Exactions
           ,
           and
           Tributary
           Burthens
           of
           other
           Reigns
           ,
           and
           if
           nothing
           but
           his
           Majesties
           Severity
           could
           have
           taken
           us
           off
           ,
           we
           might
           ,
           for
           ought
           appears
           ,
           have
           been
           all
           Immortal
           .
        
         
           Well
           ,
           say
           they
           ,
           Though
           we
           were
           not
           actually
           swallowed
           up
           ,
           yet
           we
           were
           upon
           the
           brink
           of
           Destruction
           ;
           and
           if
           our
           Deliverers
           had
           not
           timely
           Interposed
           ,
           the
           King's
           Dragoons
           were
           just
           going
           to
           make
           their
           Fire
           upon
           the
           Bible
           ,
           and
           the
           Statute
           Book
           ;
           and
           we
           must
           either
           have
           been
           converted
           to
           Popery
           ,
           or
           Ashes
           .
           But
           ▪
        
         
           First
           ,
           I
           would
           gladly
           know
           of
           these
           Men
           ,
           why
           they
           always
           twist
           Popery
           and
           Slavery
           together
           .
           For
           this
           I
           can
           imagine
           no
           other
           reason
           ,
           except
           it
           be
           to
           make
           their
           Monster
           more
           frightful
           to
           the
           
           People
           .
           For
           it
           's
           certain
           there
           is
           no
           such
           inseparable
           Connexion
           between
           these
           Two
           things
           ,
           as
           is
           pretended
           .
           For
           had
           our
           ForeFathers
           nothing
           which
           they
           could
           call
           their
           own
           till
           the
           Reformation
           ?
        
         
           Is
           not
           
             Magna
             Charta
          
           a
           Popish
           Law
           ?
           And
           are
           there
           not
           many
           liberal
           Concessions
           from
           the
           Crown
           before
           Edward
           the
           Sixth
           ?
           And
           as
           their
           Argument
           has
           notoriously
           failed
           for
           the
           time
           past
           ,
           so
           I
           hope
           it
           will
           never
           be
           tryed
           for
           the
           future
           .
        
         
           Secondly
           ,
           This
           supposal
           of
           Severity
           has
           as
           little
           reason
           ,
           as
           Duty
           and
           Decency
           in
           it
           .
           The
           Clemency
           and
           Goodness
           of
           his
           Majesty's
           Temper
           (
           which
           Character
           his
           Enemies
           are
           so
           Just
           to
           allow
           him
           .
           )
           The
           generous
           Protection
           ,
           and
           Assistance
           he
           gave
           the
           Hugonots
           ;
           his
           Employing
           the
           Protestants
           in
           his
           Court
           and
           Camp
           ,
           and
           Trusting
           them
           with
           the
           most
           important
           Places
           and
           Secrets
           ,
           those
           are
           mighty
           Evidences
           that
           nothing
           of
           this
           horrid
           Nature
           was
           intended
           .
        
         
           Besides
           what
           Force
           was
           there
           to
           perform
           this
           extraordinary
           Exploit
           ?
           I
           suppose
           few
           People
           are
           so
           far
           over-grown
           with
           the
           Spleen
           ,
           as
           to
           fancy
           the
           Protestants
           would
           have
           helped
           to
           destroy
           one
           another
           .
           Now
           before
           the
           certainty
           of
           the
           Invasion
           ,
           I
           believe
           I
           may
           safely
           say
           ,
           there
           was
           not
           above
           10000
           Papists
           in
           Arms
           in
           the
           Three
           Kingdoms
           ,
           and
           probably
           not
           much
           more
           than
           the
           Tenth
           part
           of
           those
           in
           England
           .
           Oh
           ,
           but
           the
           Irish
           came
           over
           !
           Not
           above
           a
           Regiment
           or
           Two
           till
           the
           Dutch
           were
           ready
           to
           make
           a
           Descent
           upon
           us
           ;
           and
           when
           they
           were
           most
           numerous
           ,
           the
           English
           Roman
           Catholicks
           ,
           and
           themselves
           scarcely
           held
           the
           Propotion
           of
           One
           to
           Two
           hundred
           Protestants
           :
           And
           ,
           I
           believe
           ,
           they
           did
           not
           perceive
           we
           were
           so
           charmed
           with
           the
           Spirit
           of
           Loyalty
           ,
           or
           Religion
           ,
           as
           to
           let
           them
           cut
           our
           Throats
           without
           Opposition
           :
           For
           we
           Protestants
           ,
           at
           that
           time
           ,
           gave
           broad
           Signs
           ,
           that
           though
           our
           Principles
           were
           Passive
           ,
           yet
           our
           Hands
           upon
           a
           provocation
           would
           be
           as
           Active
           as
           our
           Neighbours
           .
           Therefore
           as
           to
           those
           Irish
           who
           were
           last
           sent
           over
           ,
           the
           Kingdom
           was
           then
           threatned
           with
           such
           a
           powerful
           Enemy
           ,
           and
           the
           necessity
           of
           Affairs
           was
           such
           ,
           that
           there
           needs
           no
           manner
           of
           Apology
           for
           their
           coming
           ;
           and
           as
           for
           the
           others
           who
           were
           Transported
           before
           ,
           their
           Numbers
           were
           very
           inconsiderable
           ;
           and
           though
           we
           did
           not
           foresee
           the
           Dutch
           Storm
           ,
           it
           's
           likely
           his
           Majesty
           did
           .
        
         
           This
           is
           certain
           the
           preparations
           in
           Holland
           were
           visible
           long
           before
           their
           Design
           was
           owned
           ,
           and
           therefore
           his
           Majesty
           had
           reason
           to
           be
           upon
           his
           Guard.
           Besides
           at
           that
           time
           the
           English
           were
           under
           apparent
           Discontents
           ,
           for
           then
           the
           Mistery
           of
           Iniquity
           began
           to
           work
           ,
           and
           those
           Hellish
           Stories
           ,
           which
           drove
           his
           Majesty
           out
           of
           his
           Dominions
           ,
           were
           reported
           with
           great
           confidence
           ;
           and
           a
           Man
           was
           not
           
           counted
           a
           good
           Protestant
           ,
           who
           would
           not
           believe
           them
           .
           How
           well
           they
           have
           been
           proved
           since
           the
           World
           knows
           .
        
         
           And
           here
           I
           cannot
           omit
           taking
           notice
           what
           a
           Frantick
           ,
           and
           Ruinous
           Maxim
           it
           is
           to
           assert
           ,
           That
           it
           's
           Lawful
           for
           the
           People
           to
           set
           their
           Kings
           aside
           upon
           a
           bare
           jealousie
           ,
           and
           apprehension
           of
           Rigour
           .
           Give
           them
           but
           this
           Liberty
           ,
           and
           an
           Impostor
           will
           easily
           fright
           them
           into
           a
           State
           of
           Nature
           ,
           and
           carry
           them
           whether
           he
           pleases
           .
           If
           we
           may
           renounce
           the
           Government
           as
           often
           as
           any
           bold
           Pretence
           is
           made
           against
           it
           ,
           and
           translate
           our
           Allegiance
           upon
           conjecture
           and
           report
           ,
           the
           contests
           about
           Dominion
           would
           be
           so
           frequent
           and
           terrible
           ,
           yet
           we
           had
           better
           Disband
           into
           Solitude
           ,
           than
           live
           any
           longer
           together
           ▪
           If
           Calumnies
           and
           Aspersions
           (
           and
           all
           undemonstrated
           Reports
           ought
           to
           go
           for
           no
           more
           )
           are
           sufficient
           to
           cancel
           our
           Obedience
           ,
           then
           no
           Prince
           can
           have
           any
           Title
           as
           long
           as
           there
           is
           either
           Knavery
           ,
           or
           Folly
           in
           the
           World.
           This
           Principle
           lays
           a
           Foundation
           for
           a
           Rebellion
           every
           Week
           ,
           and
           renders
           all
           Government
           impracticable
           .
           By
           acting
           in
           this
           manner
           we
           put
           it
           in
           the
           Power
           of
           Slander
           and
           Perjury
           to
           determine
           the
           weightiest
           points
           of
           Justice
           ;
           and
           make
           it
           an
           easie
           Task
           to
           over-turn
           a
           Kingdom
           with
           a
           Lye.
           
        
         
           If
           it
           be
           urged
           that
           it
           is
           needless
           to
           search
           after
           farther
           proof
           that
           the
           Subversion
           of
           Protestancy
           was
           intended
           ,
           because
           a
           Prince
           of
           his
           Majesties
           Perswasion
           and
           Zeal
           must
           necessarily
           think
           himself
           obliged
           to
           pursue
           a
           design
           of
           this
           Nature
           .
        
         
           Before
           I
           return
           an
           Answer
           ,
           I
           shall
           just
           Observe
           that
           Religious
           Zeal
           ,
           though
           it
           acts
           upon
           misinformation
           is
           really
           a
           commendable
           Quality
           :
           For
           it
           's
           an
           Infallible
           sign
           of
           a
           good
           Intention
           ,
           it
           argues
           great
           Charity
           to
           the
           Souls
           of
           Men
           ,
           and
           a
           generous
           desire
           to
           propagate
           Truth
           ,
           and
           to
           promote
           the
           Glory
           of
           God.
           To
           speak
           freely
           ,
           I
           cannot
           be
           heartily
           angry
           with
           a
           Man
           (
           though
           his
           Methods
           of
           Discipline
           are
           never
           so
           unacceptable
           )
           who
           ,
           I
           am
           perswaded
           ,
           has
           no
           other
           Design
           than
           to
           carry
           me
           to
           Heaven
           ;
           though
           I
           had
           much
           rather
           he
           would
           permit
           me
           to
           go
           thither
           my
           own
           way
           ,
           because
           it
           's
           almost
           impossible
           I
           should
           go
           any
           other
           .
           For
           Rigour
           is
           usually
           very
           unfortunate
           both
           to
           the
           Proselyter
           ,
           and
           Proselyted
           ;
           It
           creates
           Prejudice
           and
           Aversion
           to
           the
           one
           ,
           and
           makes
           no
           more
           than
           a
           Hypocrite
           of
           the
           other
           .
        
         
           But
           to
           proceed
           to
           the
           Objection
           ,
           in
           order
           to
           the
           confuting
           of
           which
           ,
           I
           shall
           endeavour
           to
           prove
           these
           Two
           things
           .
        
         
           
             First
             ,
             That
             his
             Majesty
             is
             not
             obliged
             by
             the
             Principles
             of
             his
             Church
             to
             attempt
             the
             Converting
             his
             Subjects
             by
             Severity
             .
          
           
             
             Secondly
             ,
             That
             in
             all
             humane
             probability
             such
             a
             Method
             would
             prove
             Unsuccessful
             .
          
        
         
           First
           ,
           That
           his
           Majesty
           is
           not
           obliged
           by
           the
           Principles
           of
           his
           Church
           to
           attempt
           the
           Converting
           his
           Subjects
           by
           Severity
           .
           The
           Doctrine
           of
           the
           Church
           of
           Rome
           ,
           I
           conceive
           ,
           is
           to
           be
           collected
           these
           Four
           ways
           ,
           Either
           from
           her
           eminent
           Divines
           ,
           The
           Bulls
           of
           Popes
           ,
           The
           Decrees
           of
           Councils
           ,
           or
           the
           usual
           Practice
           ;
           which
           when
           a
           Case
           is
           doubtful
           ,
           ought
           to
           be
           taken
           for
           the
           Sense
           of
           a
           Communion
           .
        
         
           To
           begin
           with
           their
           Divines
           ;
           Cassander
           ,
           a
           Person
           of
           great
           Learning
           and
           Judgment
           ,
           and
           whose
           Writings
           were
           never
           censured
           ,
           insists
           upon
           gentle
           Methods
           for
           the
           propagation
           of
           Religion
           ,
           disapproves
           of
           Severity
           ,
           and
           tells
           us
           it
           has
           been
           a
           miserable
           occasion
           of
           the
           spreading
           of
           Schisme
           ,
           (
           
             De
             Offic.
             Pii
             Viri
          
           ,
           pag.
           187.
           196.
           )
        
         
           But
           because
           it
           may
           be
           objected
           this
           Author
           was
           more
           gentle
           in
           his
           Censure
           ,
           and
           allowed
           a
           greater
           Latitude
           than
           the
           generallity
           of
           Communion
           ;
           I
           shall
           subjoyn
           the
           Testimonies
           of
           others
           of
           a
           straiter
           Principle
           ;
           and
           who
           are
           well
           known
           to
           carry
           up
           Popery
           to
           the
           height
           .
        
         
           1.
           
           
             Thomas
             Aquinas
          
           yields
           22
           
             ae
             .
             q.
          
           10.
           
           Art.
           11.
           
             c.
             That
             Unlawful
             Worship
          
           ,
           Ritus
           Infidelium
           (
           under
           which
           Words
           he
           comprehends
           an
           Heretical
           Religion
           ,
           as
           appears
           both
           from
           this
           Conclusion
           ,
           and
           from
           his
           next
           Question
           ,
           22
           
             ae
             .
             q.
          
           11.
           1.
           )
           
             May
             be
             tolerated
             in
             some
             cases
             .
          
           Which
           he
           proves
           ,
        
         
           1.
           
           
             Because
             the
             Church
             ought
             to
             take
             her
             Measures
             of
             Government
             from
             the
             Administrations
             of
             Providence
             .
             Now
             God
             permits
             many
             ill
             Practises
             in
             the
             World
             ,
             least
             a
             forcible
             Restraint
             should
             prevent
             a
             greater
             Good
             ,
             or
             prove
             the
             occasion
             of
             a
             greater
             Evil.
             Therefore
             Infidels
             and
             Hereticks
             have
             been
             sometimes
             tolerated
             by
             the
             Church
             ,
             when
             their
             Numbers
             were
             great
             ,
             and
             Discipline
             could
             not
             take
             place
             without
             the
             hazard
             of
             giving
             great
             Offence
             ;
             without
             occasioning
             a
             Commotion
          
           (
           
             or
             civil
             Disturbance
          
           )
           
             and
             hindring
             the
             Salvation
             of
             those
             who
             by
             fair
             means
             might
             by
             degrees
             be
             won
             over
             to
             the
             Catholick
             Faith.
          
           These
           Arguments
           for
           Toleration
           are
           much
           stronger
           now
           ,
           than
           they
           were
           either
           in
           Aquinas
           his
           Time
           ,
           or
           before
           it
           :
           And
           therefore
           if
           he
           had
           lived
           since
           the
           Reformation
           ,
           we
           have
           reason
           to
           believe
           he
           would
           have
           pressed
           them
           more
           at
           large
           .
        
         
           Which
           probably
           is
           the
           reason
           why
           Cardinal
           Lugo
           ,
           who
           wrote
           since
           the
           Counsel
           of
           Trent
           ,
           is
           more
           full
           and
           particular
           in
           the
           point
           .
           For
           though
           he
           won't
           allow
           a
           Tolleration
           but
           upon
           a
           very
           
             great
             Occasion
          
           ,
           yet
           in
           such
           a
           case
           he
           acknowledges
           ,
           
             That
             a
             Catholick
             Prince
             may
             give
             Liberty
             of
             Conscience
             to
             his
             Heretical
             Subjects
             .
          
           For
           this
           Opinion
           he
           quotes
           Acquinas
           ,
           and
           says
           he
           ,
           
             Was
             followed
             by
             the
             rest
             of
             the
             Divines
             ,
          
           
           particularly
           naming
           
             Suarez
             ,
             Coninch
          
           and
           Hurtado
           .
           He
           adds
           ,
           
             That
             this
             Practice
             has
             been
             used
             by
             many
             of
             the
             most
             Pious
             Christian
             Princes
             ,
             who
             Tolerated
             open
             Heresie
             when
             they
             could
             not
             oppose
             it
             without
             the
             danger
             of
             a
             greater
             Inconvenience
             .
          
           For
           this
           
             Urgent
             Occasion
          
           (
           
             causa
             gravissima
          
           )
           is
           then
           supposed
           to
           happen
           (
           as
           he
           proves
           from
           Hurtado
           ,
           )
           
             When
             Religion
             is
             likely
             to
             be
             more
             damnified
             by
             the
             denial
             than
             by
             the
             grant
             of
             such
             an
             Indulgence
             ,
             when
             the
             People
             are
             in
             danger
             of
             growing
             Mutinous
             and
             Diserderly
             by
             strict
             Usage
             .
             And
             therefore
             in
             an
             Heretical
             Country
             such
             a
             Liberty
             of
             Conscience
             may
             be
             granted
             without
             any
             difficulty
             :
             And
             in
             a
             Catholick
             one
             too
             when
             things
             are
             desperate
             .
          
           He
           proceeds
           farther
           ,
           and
           tells
           us
           ,
           
             That
             such
             an
             Allowance
             to
             Hereticks
             is
             a
             thing
             Lawful
             in
             its
             self
             ;
             and
             therefore
             when
             a
             Prince
             has
             passed
             his
             promise
             ,
             he
             ought
             punctually
             to
             keep
             it
             .
          
           Lugo
           .
           de
           Virt.
           div
           .
           Fid.
           Disp.
           19.
           
           Sect.
           4.
           
           Numb
           .
           121.
           123.
           128.
           130.
           
        
         
           We
           see
           therefore
           ,
           That
           in
           the
           Opinion
           of
           these
           Schoolmen
           (
           though
           none
           of
           the
           kindest
           )
           we
           are
           not
           to
           be
           roughly
           managed
           till
           the
           Major
           part
           of
           us
           are
           gained
           by
           dint
           of
           Argument
           ,
           which
           is
           so
           improbable
           a
           supposition
           in
           England
           ,
           that
           I
           think
           we
           need
           not
           trouble
           our selves
           about
           the
           Consequences
           of
           it
           .
        
         
           It
           's
           true
           Bellarmine
           (
           
             de
             Laicis
             Lib.
          
           3.
           
           Cap.
           18.
           )
           pretends
           to
           prove
           by
           Scripture
           ,
           the
           Fathers
           ,
           and
           Reason
           ,
           That
           Kings
           ought
           not
           to
           permit
           a
           Liberty
           of
           belief
           ,
           but
           then
           he
           supposes
           their
           Authority
           to
           be
           Absolute
           ;
           as
           appears
           from
           his
           Instances
           of
           the
           Jewish
           Kings
           ,
           and
           Roman
           Emperors
           .
           Therefore
           his
           Doctrine
           does
           not
           oblige
           Princes
           ,
           who
           have
           only
           a
           Part
           (
           though
           a
           Principal
           one
           )
           in
           the
           Legislative
           Power
           ,
           especially
           when
           a
           different
           Communion
           is
           Established
           by
           the
           Laws
           of
           the
           Realm
           ,
           which
           cannot
           be
           Repealed
           but
           by
           consent
           of
           Parliament
           .
           A
           King
           when
           he
           exceeds
           his
           Prerorogative
           ,
           is
           in
           some
           measure
           out
           of
           the
           Sphere
           of
           Royalty
           :
           For
           though
           his
           Subjects
           are
           not
           to
           resist
           him
           ,
           when
           he
           Persecutes
           against
           Law
           ,
           yet
           his
           Actions
           ,
           having
           no
           Warrant
           from
           the
           Constitution
           ,
           are
           altogether
           Private
           and
           Unjustifybale
           .
        
         
           Secondly
           ,
           and
           Thirdly
           ,
           The
           Application
           of
           this
           Remark
           will
           give
           the
           Decrees
           of
           Popes
           and
           Counsels
           ,
           relating
           to
           this
           matter
           ,
           a
           fair
           Interpretation
           :
           For
           neither
           the
           Bulls
           of
           Paul
           the
           Fourth
           ,
           nor
           Pius
           the
           Fifth
           ,
           against
           Hereticks
           ,
           nor
           the
           
             Bulla
             Caenae
          
           of
           Urban
           the
           Eighth
           ,
           nor
           the
           Third
           Canon
           of
           the
           great
           Counsel
           of
           Lateran
           ,
           in
           which
           places
           ,
           if
           any
           where
           ,
           we
           have
           reason
           to
           expect
           this
           Severity
           of
           Doctrine
           ,
           I
           say
           it
           's
           neither
           openly
           asserted
           ,
           nor
           can
           it
           be
           collected
           from
           any
           of
           these
           Authorities
           ,
           That
           a
           limitted
           Prince
           is
           obliged
           to
           break
           through
           the
           Establishment
           of
           his
           Country
           ,
           and
           Act
           Arbitrarily
           for
           the
           sake
           of
           Religion
           ;
           or
           (
           which
           is
           all
           one
           )
           that
           a
           private
           Man
           ought
           to
           propagate
           the
           Orthodox
           Faith
           
             Vi
             &
          
           
           Armis
           ,
           though
           he
           violates
           the
           Laws
           of
           Civil
           Justice
           ,
           as
           well
           as
           Humauity
           by
           so
           doing
           .
        
         
           Fourthly
           ,
           If
           the
           Point
           was
           dubious
           ,
           the
           Practice
           of
           the
           Roman
           Church
           ought
           to
           determine
           the
           Controversie
           .
           Now
           matter
           of
           Fact
           carries
           it
           clearly
           for
           the
           favourable
           Side
           .
           To
           begin
           with
           France
           ;
           It
           is
           certain
           that
           from
           the
           time
           of
           Henry
           the
           Fourth
           till
           within
           these
           few
           Years
           ,
           the
           Hugonots
           have
           had
           little
           or
           no
           disturbance
           about
           their
           Religion
           ,
           notwithstanding
           the
           Absoluteness
           of
           that
           Monarchy
           ,
           and
           the
           vast
           Majority
           of
           Roman
           Catholicks
           amongst
           them
           ,
           and
           yet
           this
           Indulgence
           of
           their
           Kings
           has
           never
           been
           condemn'd
           as
           a
           prevarication
           of
           their
           Duty
           .
           To
           proceed
           ,
           In
           the
           Cantons
           of
           Switzerland
           the
           Protestants
           at
           this
           Day
           enjoy
           their
           Perswasion
           with
           Ease
           and
           Security
           enough
           (
           Dr.
           
           Burnet's
           Travels
           .
           )
        
         
           The
           same
           Liberty
           is
           allowed
           the
           Reformed
           in
           Germany
           by
           several
           Princes
           of
           the
           Roman
           Communion
           ;
           viz.
           by
           the
           Duke
           of
           Newburgh
           ,
           the
           Bishop
           of
           Montz
           ,
           the
           Prince
           of
           Salzback
           ,
           and
           the
           Bishop
           of
           
             Hildershem
             ,
             &c.
          
           
        
         
           And
           having
           shew'd
           that
           his
           Majesty
           is
           not
           obliged
           either
           by
           the
           Doctrine
           ,
           or
           Practice
           of
           his
           Church
           to
           push
           things
           to
           extremity
           ;
           I
           shall
           prove
           in
           the
        
         
           Second
           place
           ,
           That
           in
           all
           Humane
           probability
           such
           a
           Method
           must
           prove
           Unsuccessful
           ,
           and
           consequently
           the
           use
           of
           it
           is
           apparently
           against
           his
           Majesty's
           Interest
           .
        
         
           He
           that
           considers
           the
           present
           Circumstances
           we
           are
           in
           ,
           and
           takes
           a
           full
           view
           of
           the
           State
           and
           Complexion
           of
           our
           Affairs
           ,
           must
           conclude
           it
           a
           Romantick
           Enterprize
           to
           endeavour
           the
           Establishing
           the
           Romish
           Faith
           in
           this
           Kingdom
           .
        
         
           This
           Religion
           is
           not
           only
           against
           the
           Conscience
           ,
           but
           the
           Grain
           of
           the
           English
           Nation
           .
           Many
           things
           they
           are
           firmly
           perswaded
           are
           Erroneous
           and
           Unaccountable
           ,
           and
           others
           they
           can
           very
           hardly
           reconcile
           their
           Temper
           to
           ,
           though
           they
           thought
           them
           True.
           
        
         
           In
           short
           ,
           there
           can
           be
           no
           danger
           that
           Popery
           should
           become
           the
           Religion
           of
           the
           Kingdom
           ,
           since
           the
           Abby
           Lands
           are
           possessed
           by
           the
           Layety
           ,
           and
           most
           of
           the
           Clergy
           ,
           by
           having
           Families
           ,
           are
           engaged
           in
           the
           same
           interest
           :
           Besides
           some
           believe
           the
           Church
           of
           Rome
           too
           Indulgent
           ,
           and
           some
           too
           strict
           a
           Mother
           .
           For
           we
           have
           enough
           among
           us
           who
           will
           neither
           stoop
           to
           the
           submissions
           of
           Consession
           ,
           nor
           bear
           the
           over-grown
           Grandeur
           of
           that
           Church
           :
           So
           that
           if
           they
           had
           no
           other
           Arguments
           (
           as
           they
           have
           the
           best
           imaginable
           )
           their
           Spirit
           would
           secure
           their
           Protestancy
           .
        
         
         
           Now
           when
           a
           People
           have
           such
           strong
           Convictions
           to
           keep
           them
           where
           they
           are
           ,
           and
           such
           an
           Unconquerable
           Aversion
           to
           the
           Roman
           Communion
           .
           When
           Argument
           and
           Inclination
           lies
           the
           same
           way
           .
           When
           there
           is
           Sense
           and
           Reason
           ,
           Scripture
           and
           Antiquity
           ,
           Numbers
           ,
           Humor
           and
           Interest
           ,
           (
           all
           the
           Motives
           that
           Heaven
           and
           Earth
           can
           suggest
           )
           against
           a
           Religion
           ,
           there
           is
           little
           likelihood
           of
           its
           prevailing
           .
        
         
           Besides
           ,
           the
           circumstance
           of
           time
           would
           be
           no
           small
           Obstacle
           to
           a
           Design
           of
           this
           Nature
           .
           For
           the
           Controversie
           between
           us
           has
           not
           only
           been
           lately
           handled
           at
           large
           ,
           and
           drawn
           down
           to
           every
           vulgar
           Capacity
           ;
           but
           the
           Victory
           has
           fallen
           indisputably
           ,
           and
           entirely
           on
           the
           Church
           of
           Englands
           Side
           .
           And
           though
           the
           Roman
           Catholicks
           may
           think
           otherwise
           ,
           yet
           as
           long
           as
           the
           Protestants
           are
           of
           this
           Opinion
           ,
           the
           Effect
           will
           be
           the
           same
           .
           Insomuch
           that
           if
           we
           had
           another
           Advantage
           ,
           the
           fresh
           Sense
           of
           Success
           and
           Triumph
           would
           almost
           make
           us
           Impregnable
           .
           And
           when
           things
           stand
           in
           this
           Posture
           ,
           as
           every
           one
           that
           has
           but
           half
           an
           Eye
           must
           now
           see
           they
           doe
           .
           How
           well
           soever
           a
           Man
           may
           be
           assured
           of
           the
           Truth
           of
           his
           Religion
           ,
           he
           is
           no
           more
           bound
           to
           drive
           against
           all
           these
           Difficulties
           and
           Oppositions
           ,
           than
           he
           is
           to
           stand
           in
           a
           Sea
           Breach
           .
           Those
           Spiritual
           Directors
           are
           fit
           for
           Bedlam
           ,
           who
           will
           run
           Princes
           upon
           such
           dangerous
           Impossibilities
           ,
           where
           there
           is
           so
           much
           hazard
           without
           the
           least
           glimpse
           of
           Success
           .
        
         
           Since
           therefore
           his
           Majestys
           Communion
           does
           not
           force
           him
           upon
           such
           rigorous
           and
           impracticable
           Designs
           ,
           as
           his
           Enemies
           would
           make
           us
           believe
           ;
           since
           he
           has
           neither
           Duty
           to
           oblige
           ,
           nor
           Hopes
           to
           succeed
           ,
           nor
           (
           for
           ought
           appears
           )
           Inclination
           to
           execute
           .
           It
           seems
           Uneasonable
           as
           well
           as
           Uncharitable
           ,
           to
           suppose
           he
           will
           disquiet
           his
           Age
           ,
           and
           disgust
           his
           Subjects
           ,
           and
           hazard
           his
           Kingdoms
           any
           more
           about
           Disputes
           of
           this
           Nature
           .
        
         
           Can
           we
           imagine
           any
           Prince
           will
           venture
           upon
           an
           Expedient
           ,
           which
           is
           demonstratively
           Feeble
           and
           Insufficient
           ,
           and
           which
           to
           speak
           softly
           ,
           has
           proved
           so
           Unfortunate
           upon
           the
           bare
           ▪
           presumption
           of
           a
           Tryal
           ?
           Will
           he
           stand
           a
           Course
           ,
           where
           he
           knows
           there
           are
           nothing
           but
           Rocks
           and
           Shallows
           ,
           without
           any
           prospect
           of
           Advantage
           by
           the
           Voyage
           ?
        
         
           No
           ;
           Self-Preservation
           and
           Common-Instinct
           will
           keep
           a
           Man
           from
           such
           Attemps
           as
           these
           .
        
         
           But
           to
           return
           more
           directly
           to
           our
           Author
           (
           though
           ,
           I
           hope
           ,
           this
           has
           been
           no
           unseasonable
           Digression
           .
           )
        
         
           Having
           shewn
           therefore
           what
           an
           insecure
           distracted
           Condition
           a
           State
           must
           be
           in
           ,
           if
           Subjects
           were
           permitted
           to
           take
           up
           Arms
           ,
           as
           
           often
           as
           they
           were
           abused
           ,
           or
           ill
           disposed
           :
           I
           shall
           proceed
           to
           shew
           how
           much
           safer
           their
           Liberties
           are
           under
           the
           Protection
           of
           that
           Unreputable
           ,
           as
           well
           as
           Unpractis'd
           Vertue
           of
           
             Passive
             Obedience
          
           .
        
         
           And
           here
           (
           as
           has
           been
           already
           hinted
           )
           We
           have
           the
           Honour
           ,
           and
           Conscience
           ,
           and
           Interest
           of
           Princes
           to
           secure
           us
           ;
           and
           how
           defective
           soever
           the
           Two
           former
           Principles
           may
           be
           ,
           the
           latter
           must
           certainly
           take
           a
           firm
           and
           universal
           hold
           of
           Mankind
           .
        
         
           Few
           People
           in
           their
           Senses
           will
           pursue
           those
           Methods
           ,
           in
           which
           the
           hazard
           is
           so
           apparently
           over-proportioned
           to
           the
           probability
           of
           Success
           .
           Now
           every
           one
           knows
           that
           Rigour
           and
           Oppression
           is
           apt
           to
           make
           the
           Subjects
           run
           Riot
           ,
           though
           they
           are
           under
           never
           such
           strict
           Obligations
           to
           submission
           .
           And
           therefore
           Princes
           who
           have
           more
           to
           lose
           than
           others
           ,
           will
           be
           more
           cautious
           of
           giving
           a
           colourable
           Provocation
           :
           Besides
           when
           they
           find
           their
           Subjects
           under
           peaceable
           Principles
           ,
           and
           aknowledging
           Themselves
           bound
           never
           to
           disturb
           their
           Governours
           upon
           any
           Pretence
           whatever
           .
           This
           will
           make
           them
           have
           the
           less
           Temptation
           to
           Oppress
           them
           .
           This
           will
           encourage
           them
           to
           enlarge
           the
           Freedom
           of
           their
           People
           ,
           when
           they
           are
           so
           well
           assured
           their
           Favours
           will
           not
           be
           abused
           .
           But
           when
           Maxims
           of
           Resistance
           are
           strow'd
           ,
           and
           the
           whole
           Multitude
           Authorised
           to
           determine
           when
           this
           extraordinary
           Priviledge
           is
           to
           be
           used
           ,
           which
           must
           be
           allowed
           ,
           otherwise
           it
           s
           perfectly
           insignificant
           ;
           for
           I
           suppose
           the
           Prince
           will
           scarcely
           tell
           them
           when
           they
           are
           to
           Rebel
           .
           When
           such
           singular
           Positions
           as
           these
           are
           Advanc'd
           ,
           Governours
           must
           needs
           be
           alarmed
           ,
           and
           uneasie
           ,
           and
           take
           the
           first
           opportunity
           to
           crush
           their
           Subjects
           ,
           and
           disarm
           them
           of
           that
           dangerous
           Power
           which
           is
           so
           likely
           to
           be
           turned
           against
           themselves
           ;
           which
           Design
           if
           not
           actually
           compassed
           ,
           would
           be
           often
           attempted
           ;
           and
           consequently
           the
           People
           must
           be
           either
           Enslaved
           ,
           or
           Embroyled
           .
           These
           are
           the
           natural
           Effects
           of
           such
           Licentious
           Tenets
           ;
           they
           either
           prove
           the
           Inlets
           of
           Arbitrary
           Power
           ,
           or
           else
           keep
           us
           in
           perpetual
           Commotions
           ,
           and
           deprive
           us
           of
           all
           the
           Advantages
           of
           Society
           .
        
         
           Farther
           ,
           though
           the
           Supream
           Magistarte
           is
           unaccountable
           ,
           yet
           his
           Ministers
           are
           not
           .
           Those
           who
           Execute
           his
           Illegal
           Commands
           may
           be
           punished
           for
           their
           Complyance
           .
           And
           if
           the
           present
           Authority
           should
           protect
           them
           from
           Tryal
           ,
           and
           stop
           the
           Course
           of
           Justice
           .
           They
           have
           the
           uncertainty
           of
           their
           Princes
           Humour
           ,
           the
           Fears
           of
           his
           understanding
           their
           false
           Conduct
           ,
           but
           especially
           the
           Vengeance
           of
           another
           Revolution
           to
           keep
           them
           in
           awe
           .
           Now
           the
           Conjuction
           of
           all
           these
           Arguments
           for
           
             Passive
             Obedience
          
           ,
           are
           found
           both
           in
           Reason
           and
           upon
           Experiment
           ,
           to
           be
           a
           much
           better
           Fence
           for
           the
           Prop●●●y
           o●
           the
           Subject
           than
           to
           authorise
           Resistance
           upon
           any
           account
           
           whatever
           .
           For
           this
           cannot
           be
           done
           without
           making
           every
           individual
           Person
           a
           proper
           Interpreter
           of
           so
           dangerous
           a
           Law
           ;
           and
           giving
           the
           People
           leave
           to
           discharge
           themselves
           of
           their
           Allegiance
           whenever
           they
           please
           .
           Now
           to
           give
           Pride
           ,
           and
           Poverty
           ,
           and
           Revenge
           ,
           a
           general
           Liberty
           to
           disturb
           the
           publick
           Peace
           ,
           to
           allow
           the
           Subjects
           to
           fire
           upon
           the
           Crown
           ,
           as
           often
           as
           they
           are
           either
           ambitiously
           enclined
           ,
           or
           unreasonably
           frighted
           and
           imposed
           upon
           ;
           as
           in
           effect
           to
           let
           loose
           the
           Principles
           of
           ruin
           upon
           a
           Nation
           ;
           and
           to
           arm
           all
           the
           wild
           and
           ungovernable
           Passions
           of
           Mankind
           to
           its
           own
           destruction
           .
        
         
           And
           since
           Non-resistance
           has
           so
           many
           Advantages
           above
           the
           contrary
           Tenent
           ,
           we
           ought
           to
           interpret
           the
           Law
           I
           have
           been
           speaking
           of
           to
           this
           Sense
           ;
           since
           not
           only
           the
           plain
           Words
           ,
           but
           the
           Common
           .
           Interest
           and
           Safety
           ,
           require
           such
           an
           Interpretation
           :
           For
           the
           Design
           of
           all
           Laws
           being
           to
           provide
           for
           the
           general
           convenience
           ,
           they
           are
           by
           no
           means
           to
           be
           set
           aside
           ,
           though
           the
           keeping
           of
           them
           should
           prove
           uneasie
           to
           some
           particular
           Times
           and
           Persons
           .
           There
           is
           no
           absolute
           Security
           in
           this
           World
           ,
           and
           therefore
           we
           ought
           to
           stick
           to
           those
           Measures
           which
           afford
           us
           the
           best
           ;
           especially
           when
           they
           are
           legally
           Established
           ,
           so
           that
           we
           have
           no
           liberty
           to
           change
           them
           though
           they
           were
           less
           commodious
           .
           And
           though
           the
           Doctrine
           of
           Non-resistance
           may
           sometimes
           press
           hard
           upon
           the
           Subject
           ,
           yet
           this
           very
           rarely
           happens
           ,
           for
           generally
           speaking
           the
           most
           Arbitrary
           Rigors
           of
           the
           Prince
           are
           more
           tollerable
           than
           the
           Miseries
           of
           Disobedience
           ,
           and
           Civil
           Distractions
           .
        
         
           I
           shall
           give
           a
           very
           gentle
           Instance
           ;
           viz.
           The
           late
           Expedition
           of
           the
           Mobile
           ,
           who
           besides
           the
           Terror
           and
           Barbarity
           of
           their
           Irruption
           ,
           have
           in
           a
           few
           Days
           violated
           more
           Property
           than
           probably
           has
           suffered
           by
           the
           stretch
           of
           the
           Prerogative
           in
           an
           Hundred
           Years
           .
        
         
           Therefore
           since
           unconditional
           Submission
           is
           the
           best
           Expedient
           to
           prevent
           perpetual
           Broyls
           and
           Insurrections
           ,
           and
           the
           only
           solid
           Foundation
           to
           fix
           the
           Government
           upon
           ;
           we
           ought
           in
           Duty
           to
           God
           ,
           and
           our
           Country
           to
           adhere
           unalterably
           to
           this
           Doctrine
           .
           And
           if
           we
           happen
           to
           fall
           upon
           a
           less
           fortunate
           Age
           ,
           we
           must
           take
           our
           chance
           contentedly
           ,
           and
           rest
           the
           event
           with
           Providence
           ,
           and
           not
           fly
           of
           from
           those
           Principles
           which
           carry
           so
           vast
           an
           odds
           of
           Advantage
           in
           them
           ;
           by
           the
           Practice
           of
           which
           our
           Fore-Fathers
           have
           been
           ,
           and
           our
           Posterity
           is
           likely
           to
           be
           happy
           .
        
         
           And
           now
           having
           shewn
           the
           unsoundness
           of
           his
           main
           Principle
           ,
           a
           little
           trouble
           will
           Answer
           the
           rest
           of
           his
           Arguments
           .
        
         
           First
           ,
           He
           tells
           us
           ,
           
             That
             all
             general
             Words
             are
             supposed
             to
             have
             a
             tacit
             reserve
             in
             them
             ,
             where
             the
             matter
             seems
             to
             require
             it
             .
          
        
         
         
           To
           this
           I
           Answer
           ,
           That
           in
           this
           Case
           the
           matter
           does
           not
           seem
           to
           require
           any
           reserve
           ,
           because
           such
           an
           Exception
           would
           frustrate
           the
           Intent
           of
           the
           Law
           ,
           and
           undermine
           Government
           .
        
         
           As
           for
           his
           Instances
           in
           
             Children
             and
             Wives
          
           ,
           they
           come
           very
           much
           short
           of
           his
           Point
           :
           For
           though
           Children
           (
           notwithstanding
           the
           general
           Words
           in
           Scripture
           )
           are
           not
           to
           do
           every
           thing
           their
           Parents
           may
           command
           them
           ,
           yet
           certainly
           they
           are
           not
           to
           enter
           into
           Confederacies
           against
           them
           ,
           to
           Fight
           them
           ,
           and
           turn
           them
           out
           of
           their
           Houses
           upon
           any
           provocation
           whatever
           ;
           and
           therefore
           much
           less
           is
           the
           Father
           of
           their
           Country
           to
           be
           used
           in
           that
           manner
           .
        
         
           His
           Instance
           in
           Marriage
           is
           as
           unlucky
           as
           the
           former
           .
           Where
           the
           
             Parties
             swear
             unconditionally
             to
             cohabit
             together
             till
             Death
             ,
          
           and
           yet
           as
           he
           observes
           ,
           it
           's
           not
           doubted
           but
           that
           
             Adultery
             disengages
             them
             from
             their
             Contract
             .
          
           But
           the
           reason
           why
           the
           universality
           of
           the
           Terms
           are
           limitted
           in
           this
           Case
           is
           ,
           because
           we
           have
           an
           express
           Determination
           of
           our
           Saviour
           to
           Warrant
           it
           (
           Matt.
           19.
           9.
           )
           Let
           him
           produce
           any
           such
           Authority
           for
           Resistance
           ,
           either
           from
           Gospel
           ,
           or
           Law
           ,
           and
           we
           will
           yield
           the
           Point
           .
        
         
           In
           return
           to
           his
           saying
           ,
           
             Odious
             Things
             are
             not
             to
             be
             suspected
             ,
             and
             therefore
             not
             to
             be
             named
             .
          
        
         
           I
           desire
           to
           know
           of
           him
           what
           is
           more
           Odious
           than
           Knavery
           ,
           yet
           all
           Securities
           in
           Law
           are
           plain
           suspicions
           of
           such
           Scandalous
           dealing
           ,
           and
           make
           express
           provisions
           against
           it
           ,
           though
           the
           Quality
           of
           the
           Persons
           contracting
           are
           never
           so
           unequal
           .
        
         
           So
           that
           if
           there
           had
           been
           any
           such
           Contract
           between
           our
           Kings
           and
           People
           ,
           as
           some
           Men
           fancy
           ,
           the
           
             Terms
             of
             Forfeiture
          
           would
           no
           doubt
           have
           been
           as
           plainly
           express'd
           ,
           as
           they
           are
           in
           private
           Concerns
           .
           And
           that
           this
           is
           more
           than
           a
           conjecture
           ,
           is
           evident
           from
           Practice
           of
           Flanders
           and
           Poland
           ,
           where
           such
           express
           Allowances
           of
           Resistance
           have
           been
           actually
           made
           ,
           (
           how
           Politickly
           I
           shall
           not
           determine
           )
           as
           appears
           from
           Meierus
           ,
           and
           Chytraeus
           ,
           as
           they
           are
           cited
           by
           Grotius
           ,
           (
           
             de
             Iure
             Belli
             ,
             &c.
             
             Annot.
             ad
             Cap.
          
           4.
           
           Lib.
           1.
           
           Sect.
           14.
           )
        
         
           Nay
           himself
           vindicates
           the
           Dutch
           from
           the
           charge
           of
           Rebellion
           ahainst
           Philip
           the
           Second
           upon
           this
           Ground
           ,
           
             viz.
             Because
             it
             's
             confest
             by
             Historians
             on
             all
             sides
             that
             there
             was
             an
             express
             Proviso
             in
             the
             Constitution
             of
             their
             Government
             ;
             that
             if
             their
             Prince
             broke
             such
             and
             such
             Limits
             ,
             they
             were
             no
             more
             bound
             to
             obey
             him
             ,
             but
             might
             resist
             him
             ,
             which
             Original
             Contract
             was
             notoriously
             broken
             by
             the
             Duke
             of
          
           Alva
           
             their
             Governour
          
           .
           Reflections
           upon
           Parliam
           .
           Pacif.
           p.
           6.
           
        
         
           I
           shall
           give
           another
           Instance
           out
           of
           Thuanus
           to
           this
           purpose
           ,
           relating
           to
           Hungary
           .
           This
           Historian
           (
           Lib.
           133.
           )
           informs
           us
           ,
           that
           the
           Protestant
           Nobility
           of
           that
           Kingdom
           ,
           wrote
           to
           the
           States
           of
           Bohemia
           ,
           
           Siesila
           ,
           and
           Moravia
           ;
           in
           which
           Letters
           they
           Complained
           very
           much
           of
           the
           hard
           Usage
           They
           had
           received
           from
           the
           Emperors
           Ministers
           ,
           &c.
           
           And
           after
           a
           recital
           of
           their
           Grievances
           ,
           (
           which
           were
           of
           the
           most
           provoking
           Nature
           imaginable
           )
           They
           add
           ,
           that
           amongst
           their
           other
           Priviledges
           ,
           (
           which
           ought
           to
           be
           Confirm'd
           in
           every
           Convention
           )
           they
           have
           this
           remarkable
           one
           ,
           Granted
           in
           the
           Reign
           of
           King
           Andrew
           the
           Second
           ,
           
             An.
             Dom.
          
           1222.
           the
           Tenour
           of
           which
           is
           as
           follows
           ,
           
             viz.
             That
             if
             his
             Majesty
             ,
             or
             any
             of
             his
             Successors
             should
             happen
             at
             any
             time
             hereafter
             to
             Act
             contrary
             to
             those
             Provisions
             ,
             by
             which
             the
             Privileges
             and
             Liberties
             of
             the
             Kingdom
             were
             Established
             ,
             that
             from
             thenceforth
             it
             should
             be
             for
             ever
             Lawfull
             for
             the
             Subjects
             without
             the
             least
             Blemish
             of
             Disloyalty
             to
             Resist
             and
             Oppose
             their
             Prince
             .
          
        
         
           This
           was
           a
           Decree
           to
           purose
           ,
           by
           vertue
           of
           which
           (
           as
           Thuanus
           observes
           )
           the
           Protestant
           Hungarians
           Justified
           their
           Arms
           against
           their
           King
           :
           And
           we
           may
           take
           notice
           in
           Contradiction
           to
           what
           our
           Author
           Affirms
           ;
           That
           such
           
             Odious
             Things
          
           ,
           and
           their
           Remedies
           too
           ,
           where
           they
           are
           allowed
           ,
           are
           particularly
           Named
           ,
           and
           Provided
           for
           .
           Therefore
           we
           may
           fairly
           Conclude
           ,
           that
           where
           none
           of
           this
           plain
           Dealing
           is
           to
           be
           seen
           ,
           the
           Constitution
           does
           not
           admit
           of
           any
           such
           singular
           Reservations
           .
        
         
           Indeed
           to
           talk
           of
           a
           Character
           for
           Resistance
           in
           a
           Country
           which
           has
           been
           Conquered
           so
           often
           ,
           and
           all
           along
           Monarchically
           Governed
           ,
           seems
           to
           be
           a
           Romantick
           Supposition
           .
           For
           can
           we
           imagine
           that
           when
           our
           Kings
           had
           sought
           themselves
           into
           Victory
           and
           Power
           ,
           and
           forc'd
           a
           Nation
           to
           swear
           Homage
           and
           Submission
           to
           them
           ,
           that
           they
           should
           be
           so
           easie
           as
           to
           Article
           away
           their
           Dominions
           ,
           make
           their
           Government
           Precarious
           ,
           and
           give
           their
           Subjects
           leave
           to
           Disposess
           them
           ,
           as
           often
           as
           they
           should
           be
           pleased
           to
           say
           they
           had
           broken
           their
           Agreement
           :
           But
           the
           Silence
           of
           our
           Laws
           and
           History
           as
           to
           any
           such
           Compact
           ,
           is
           a
           sufficient
           disproof
           of
           it
           ;
           For
           if
           there
           had
           been
           any
           such
           Enfranchising
           Instrument
           ,
           how
           prejudicial
           soever
           it
           might
           have
           been
           in
           its
           Consequence
           .
           yet
           the
           natural
           desire
           of
           Liberty
           would
           have
           occasioned
           the
           preserving
           it
           with
           all
           imaginable
           Vigilance
           :
           And
           as
           it
           would
           not
           have
           miscarried
           through
           Negligence
           ,
           so
           if
           Violence
           had
           wrested
           such
           a
           pretended
           Palladium
           from
           us
           ,
           the
           Calamity
           would
           have
           got
           into
           the
           Almanack
           before
           this
           time
           ,
           and
           been
           as
           certainly
           Recorded
           as
           the
           Destruction
           of
           Troy.
           
        
         
           Since
           therefore
           we
           have
           no
           Evidence
           either
           for
           the
           Possession
           ,
           or
           so
           much
           as
           for
           the
           Loss
           of
           this
           supposed
           Privilege
           ,
           we
           may
           certainly
           conclude
           we
           never
           had
           it
           ,
           or
           at
           least
           must
           grant
           that
           no
           claim
           can
           be
           grounded
           upon
           such
           an
           Improbable
           conjecture
           ,
           for
           
             Idem
             est
             non
             Esse
             &
             non
             Apparere
             .
          
        
         
         
           Secondly
           ,
           Our
           Author
           urges
           ,
           
             That
             when
             there
             seems
             to
             be
             a
             Contradiction
             between
             Two
             Articles
             in
             the
             Constitution
             ,
             the
             Interpretation
             ought
             to
             be
             given
             in
             favour
             of
             that
             Article
             ,
             which
             is
             most
             evident
             and
             important
             .
          
           From
           whence
           he
           proceeds
           to
           assert
           ,
           
             That
             there
             is
             a
             seeming
             Contradiction
             between
             the
             provisions
             for
             the
             publick
             Liberty
             ,
             and
             the
             renouncing
             all
             Resistance
             .
          
        
         
           
             And
             therefore
             the
             Constitution
             ought
             to
             be
             expounded
             in
             behalf
             of
             the
             former
             ,
          
           as
           being
           most
           advantageous
           to
           Government
           :
           Now
           one
           who
           had
           never
           read
           the
           Statute
           Book
           ,
           would
           imagine
           by
           this
           Authors
           Argument
           ,
           that
           we
           had
           some
           Laws
           for
           the
           taking
           up
           Arms
           against
           the
           King
           ,
           as
           well
           as
           others
           which
           forbid
           it
           ,
           and
           both
           equally
           plain
           ,
           than
           which
           nothing
           is
           more
           false
           .
           And
           upon
           supposition
           there
           was
           any
           such
           Clash
           in
           our
           Acts
           of
           Parliament
           ,
           the
           Law
           for
           Non-resistance
           being
           last
           Enacted
           must
           necessarily
           take
           place
           ,
           and
           Repeal
           whatever
           was
           before
           Established
           to
           the
           contrary
           .
           But
           ,
        
         
           Secondly
           ,
           I
           Answer
           ,
           That
           I
           have
           already
           proved
           that
           the
           Rights
           of
           the
           Subject
           are
           best
           secured
           by
           Non-resistance
           ,
           and
           therefore
           they
           are
           no
           ways
           inconsistent
           ,
           or
           contradictory
           ,
           to
           each
           other
           .
           So
           that
           our
           Liberties
           had
           much
           better
           lye
           at
           the
           Discretion
           of
           Kings
           ,
           who
           have
           much
           greater
           Motives
           than
           others
           to
           do
           Justice
           ,
           and
           give
           general
           Satisfaction
           ,
           than
           to
           depend
           upon
           the
           Management
           and
           Mercy
           of
           the
           People
           ,
           and
           be
           liable
           to
           such
           Fatal
           Convulsions
           which
           must
           happen
           as
           often
           as
           Discontent
           ,
           and
           Ambition
           can
           impose
           upon
           the
           Weakness
           and
           Inconstancy
           of
           the
           Multitude
           .
        
         
           Thirdly
           ,
           His
           Third
           Argument
           is
           the
           same
           with
           his
           Second
           ,
           which
           he
           has
           given
           us
           in
           different
           Words
           ,
           That
           what
           we
           want
           in
           Weight
           ,
           may
           be
           made
           up
           in
           Number
           .
           It
           begins
           somewhat
           Remarkably
           ,
           
             Since
             it
             is
             by
             Law
             that
             Resistance
             is
             condemned
             ,
             we
             ought
             not
             to
             understand
             it
             in
             such
             a
             Sense
             ,
             as
             that
             it
             does
             destroy
             all
             other
             Laws
             .
          
        
         
           First
           ,
           Now
           one
           would
           have
           thought
           that
           the
           condemning
           Resistance
           ,
           or
           any
           other
           Action
           by
           
             a
             Law
          
           ,
           had
           been
           the
           only
           way
           of
           doing
           it
           to
           any
           purpose
           .
           But
           this
           Author
           seems
           to
           draw
           a
           consequence
           of
           Abatement
           upon
           this
           Doctrine
           from
           its
           Authority
           ,
           as
           if
           it
           was
           to
           be
           less
           observed
           because
           it
           is
           Established
           by
           Law.
           But
           ,
        
         
           Secondly
           ,
           To
           give
           him
           rather
           more
           advantage
           than
           the
           Construction
           of
           his
           Period
           will
           allow
           .
           I
           Answer
           ,
           That
           I
           have
           already
           made
           it
           appear
           ,
           that
           to
           wrest
           the
           Laws
           from
           their
           plainest
           and
           most
           obvious
           Sense
           ,
           is
           to
           make
           them
           perfectly
           Useless
           ;
           and
           that
           Non-resistance
           
           is
           the
           best
           Expedient
           to
           preserve
           the
           Laws
           and
           every
           thing
           else
           that
           is
           valuable
           :
           And
           therefore
           though
           
             its
             plain
             that
             the
             Law
             did
             not
             design
             to
             lodge
             the
             wole
             Legislative
             Power
             in
             the
             King
          
           ;
           yet
           as
           its
           plain
           that
           it
           intended
           to
           forbid
           Resistance
           in
           case
           he
           
             should
             set
             about
             it
          
           :
           For
           the
           Law-makers
           declare
           in
           in
           as
           full
           Intelligible
           Words
           ,
           as
           can
           be
           conceived
           ,
           that
           
             the
             Militia
             ,
             the
             Posse
             Regni
             ,
             was
             always
             the
             undoubted
             Right
             of
             his
             Majesty
             and
             his
             Predecessors
             ,
             and
             that
             its
             Unlawful
             to
             take
             up
             Arms
             against
             him
             upon
             any
             Pretence
             whatever
             .
          
           Now
           if
           its
           possible
           for
           a
           Law
           to
           make
           ,
           or
           declare
           a
           Monarch
           Irresistible
           ,
           which
           I
           suppose
           no
           man
           will
           deny
           ;
           I
           desire
           to
           know
           whether
           it
           can
           be
           drawn
           up
           in
           more
           significant
           ,
           and
           demonstrative
           Terms
           ,
           than
           this
           Act
           before
           us
           ?
           If
           it
           cannot
           ,
           then
           our
           Author
           has
           no
           imaginable
           reason
           to
           dispute
           this
           Part
           of
           the
           King's
           Prerogative
           .
           As
           for
           his
           Instance
           ,
           
             That
             the
             Legislative
             Power
             is
             Invaded
             ,
             and
             the
             Constitution
             of
             Parliaments
             Dissolved
             .
          
           This
           Charge
           is
           Aggravated
           beyond
           all
           Decency
           and
           matter
           of
           Fact
           :
           For
           it
           s
           well
           known
           ,
           that
           the
           King
           did
           not
           pretend
           to
           make
           his
           Proclamations
           Equivalent
           to
           an
           Act
           of
           Parliament
           ;
           and
           what
           his
           Majesty
           acted
           by
           way
           of
           Dispensation
           ,
           was
           not
           only
           directed
           by
           the
           present
           Judges
           ,
           but
           grounded
           upon
           a
           solemn
           Resolution
           of
           all
           the
           Twelve
           in
           
             Hen.
             7th
          
           .
           Reign
           ,
           in
           a
           Case
           seemingly
           Parralell
           ,
           which
           Sentence
           has
           been
           followed
           by
           eminent
           Lawyers
           since
           ,
           and
           never
           Reversed
           by
           Act
           of
           Parliament
           .
        
         
           As
           to
           the
           
             Regulation
             of
             Corporations
          
           ,
           That
           was
           a
           Method
           begun
           by
           Charles
           the
           Second
           ,
           a
           Protestant
           Prince
           ,
           and
           Applauded
           by
           all
           the
           Loyal
           Party
           of
           the
           Nation
           :
           Besides
           the
           Burroughs
           were
           not
           so
           prodigiously
           altered
           ,
           but
           that
           we
           might
           have
           had
           a
           good
           Protestant
           Parliament
           out
           of
           them
           ,
           as
           appears
           from
           the
           Elections
           made
           upon
           the
           Writs
           Issued
           out
           in
           August
           last
           ,
           where
           those
           who
           were
           against
           Repealing
           the
           Penal
           Laws
           and
           Tests
           ,
           carried
           it
           with
           great
           odds
           against
           the
           other
           Party
           :
           And
           since
           we
           know
           his
           Majesty
           has
           returned
           the
           Charters
           to
           the
           State
           of
           79.
           
        
         
           And
           here
           it
           may
           not
           be
           improper
           to
           observe
           ,
           That
           Prerogative
           has
           been
           as
           Remarkably
           misunderstood
           at
           Court
           in
           former
           Ages
           ;
           of
           which
           several
           Instances
           might
           be
           given
           ,
           but
           I
           shall
           consine
           my self
           to
           the
           Reign
           of
           one
           ,
           who
           on
           all
           Hands
           is
           accounted
           a
           most
           Excellent
           Prince
           :
           I
           mean
           King
           Charles
           the
           First
           .
        
         
           Now
           the
           Lords
           and
           Commons
           in
           their
           Petition
           to
           the
           King
           complain
           ,
           
             That
             his
             Majesties
             Subjects
             had
             been
             charged
             with
             Aids
             ,
             Loans
             ,
             and
             Benevolences
             contrary
             to
             Law
             ,
             and
             Imprisoned
             ,
             Confined
             ,
             and
          
           
           
             sundry
             ways
             molested
             for
             non
             Payment
             .
             That
             the
             Subjects
             had
             been
             detained
             in
             Prison
             without
             certifying
             the
             Cause
             ,
             contrary
             to
             Law.
             That
             they
             had
             been
             compelled
             to
             quarter
             Soldiers
             and
             Marriners
             contrary
             to
             Law.
             That
             notwithstanding
             several
             Statutes
             to
             the
             contrary
             ,
             divers
             Commissions
             had
             been
             Issued
             out
             under
             the
             great
             Seal
             of
          
           England
           
             to
             try
             Soldiers
             and
             Marriners
             by
             Martial
             Law
          
           (
           Quarto
           Car.
           1.
           
           Rushworth's
           Coll.
           )
        
         
           To
           this
           I
           might
           add
           the
           Levying
           
             Ship
             Money
             ,
             Coat
             and
             Conduct
             Money
             ,
          
           &c.
           but
           I
           am
           not
           willing
           to
           enlarge
           upon
           so
           unacceptable
           a
           Subject
           ,
           non
           to
           discover
           the
           Misfortunes
           of
           the
           Father
           any
           further
           than
           Justice
           and
           Duty
           to
           the
           Son
           obliges
           me
           ;
           I
           say
           the
           Misfortunes
           ,
           which
           we
           see
           the
           best
           Princes
           through
           misinformation
           ,
           or
           improper
           advice
           may
           sometimes
           fall
           into
           :
           However
           I
           must
           crave
           leave
           to
           take
           notice
           ,
           that
           these
           were
           other
           manner
           of
           Grievances
           than
           the
           Dispencing
           with
           Penal
           Laws
           ,
           both
           in
           respect
           of
           the
           Evidence
           and
           Consequences
           of
           them
           ;
           and
           ,
           yet
           I
           am
           sure
           ,
           the
           War
           which
           was
           made
           by
           the
           Subjects
           upon
           this
           Score
           ,
           is
           by
           our
           Laws
           declared
           an
           Horrid
           and
           Notorious
           Rebellion
           .
        
         
           This
           I
           mention
           not
           to
           justifie
           the
           Conduct
           of
           the
           Ministers
           ,
           but
           to
           shew
           that
           under
           these
           Circumstances
           a
           mistake
           in
           his
           Majesty
           ought
           rather
           to
           be
           lamented
           than
           exposed
           ,
           and
           Magnified
           at
           such
           an
           enflaming
           Hyperbolical
           rate
           .
           And
           to
           this
           modesty
           of
           Behaviour
           we
           are
           now
           more
           especially
           obliged
           ,
           since
           his
           Majesty
           has
           promised
           to
           
             Redress
             past
             Errors
          
           ,
           *
           which
           is
           a
           plain
           Argument
           that
           some
           of
           his
           former
           Measures
           are
           unacceptable
           to
           himself
           ,
           as
           well
           as
           to
           his
           Subjects
           ,
           and
           that
           he
           will
           not
           pursue
           them
           for
           the
           future
           .
        
         
           Fourthly
           ,
           Our
           Author
           proceeds
           to
           argue
           ,
           
             That
             the
             Law
             mentioning
             the
             King
             ,
             or
             those
             Commissionated
             by
             him
             ,
             shews
             plainly
             that
             it
             designed
             only
             to
             secure
             him
             in
             the
             Executive
             Power
             ,
             for
             the
             Word
             Commission
             necessarily
             imports
             this
             :
             Since
             if
             it
             is
             not
             according
             to
             Law
             it
             's
             no
             Commission
             .
          
        
         
           From
           whence
           ,
           I
           suppose
           ,
           he
           infers
           that
           those
           who
           have
           it
           may
           be
           resisted
           .
           Now
           that
           this
           Inference
           is
           wide
           of
           the
           Mark
           appears
           ,
        
         
           First
           ,
           Because
           when
           this
           Law
           was
           made
           ,
           the
           King
           was
           not
           restrained
           from
           Commissionating
           any
           Person
           whatever
           in
           the
           Field
           ,
           and
           therefore
           the
           Legislators
           could
           have
           no
           such
           Design
           in
           their
           View
           as
           the
           Enquirer
           supposes
           .
        
         
           Secondly
           ,
           The
           Test
           Act
           which
           was
           made
           several
           Years
           after
           the
           former
           ,
           though
           it
           bars
           the
           King
           from
           granting
           Military
           Commands
           to
           those
           ▪
           who
           refused
           to
           give
           the
           prescribed
           Satisfaction
           ,
           that
           they
           were
           no
           Papists
           ;
           yet
           this
           Statute
           only
           declares
           their
           Commissions
           void
           ,
           and
           subjects
           them
           to
           some
           other
           Penalty
           ;
           but
           
           it
           does
           by
           no
           means
           Authorise
           the
           People
           to
           rise
           up
           in
           Arms
           and
           suppress
           them
           ,
           and
           therefore
           by
           undeniable
           Consequence
           it
           leaves
           the
           other
           Law
           of
           Non-resistance
           in
           full
           force
           .
        
         
           Thirdly
           ,
           This
           Law
           which
           declares
           it
           Unlawful
           to
           take
           up
           Arms
           against
           those
           who
           are
           Commissionated
           by
           the
           King
           ,
           was
           designed
           (
           as
           may
           reasonably
           be
           collected
           from
           the
           Time
           )
           to
           combat
           that
           pernicious
           distinction
           between
           the
           King's
           Person
           and
           his
           Authority
           ,
           which
           has
           been
           always
           too
           prevalent
           ;
           though
           in
           reality
           it
           's
           nothing
           but
           the
           King's
           Authority
           which
           makes
           his
           Person
           Sacred
           ,
           and
           therefore
           the
           same
           inviolable
           Priviledge
           ought
           to
           extend
           to
           all
           those
           who
           Act
           under
           him
           :
           Yet
           notwithstanding
           this
           ,
           it
           has
           often
           happened
           that
           those
           who
           pretend
           a
           great
           Reverence
           for
           his
           Person
           ,
           make
           no
           scruple
           to
           seize
           his
           Forts
           ,
           sight
           his
           Armies
           ,
           and
           destroy
           those
           who
           adhere
           to
           him
           ,
           under
           the
           pretence
           of
           taking
           him
           out
           of
           the
           Hands
           of
           Evil
           Counselors
           ,
           which
           has
           been
           the
           most
           usual
           ,
           and
           plausible
           Colour
           of
           subverting
           the
           Government
           .
           This
           Act
           therefore
           which
           was
           made
           soon
           after
           the
           Restauration
           ,
           we
           may
           fairly
           conclude
           ,
           was
           particularly
           levelled
           against
           this
           dangerous
           Maxim
           ,
           which
           had
           so
           Fatal
           an
           Influence
           upon
           the
           late
           Distractions
           .
        
         
           Fourthly
           and
           Lastly
           ,
           The
           Enquirer
           urges
           ,
           
             That
             the
             King
             imports
             a
             Prince
             clothed
             by
             Law
             with
             the
             Regal
             Prerogative
             ,
             but
             if
             he
             goes
             about
             to
             subvert
             the
             whole
             Foundation
             of
             the
             Government
             ,
             he
             subverts
             that
             by
             which
             he
             has
             his
             Power
             ,
             and
             by
             Consequence
             he
             Annuls
             his
             own
             Power
             ,
          
           &c.
           
        
         
           First
           ,
           To
           this
           it
           may
           be
           Reply'd
           ,
           That
           bare
           endeavouring
           to
           do
           an
           Action
           ,
           though
           the
           signs
           of
           Executing
           may
           be
           pretty
           broad
           ,
           is
           not
           doing
           it
           in
           the
           Construction
           of
           humane
           Laws
           ,
           
             E.
             G.
          
           Drawing
           a
           Sword
           upon
           a
           Man
           is
           not
           Murther
           .
           The
           intention
           of
           the
           Mind
           is
           often
           impossible
           to
           be
           known
           ;
           for
           when
           we
           imagine
           a
           Man
           is
           going
           to
           do
           one
           thing
           ,
           he
           may
           be
           going
           to
           do
           another
           ,
           for
           ought
           we
           can
           tell
           to
           the
           contrary
           ;
           or
           ,
           at
           least
           ,
           he
           may
           intend
           to
           stop
           far
           short
           of
           the
           Injury
           we
           are
           afraid
           of
           .
           And
           supposing
           we
           had
           an
           Authority
           to
           punish
           him
           ,
           there
           is
           no
           reason
           that
           conjecture
           ,
           and
           meer
           presumption
           should
           make
           him
           forfeit
           a
           Right
           ,
           which
           is
           grounded
           upon
           clear
           and
           unquestionable
           Law.
           But
           ,
        
         
           Secondly
           ,
           If
           with
           reference
           to
           the
           present
           Case
           ,
           our
           Author
           means
           that
           the
           Government
           is
           actually
           subverted
           ,
           as
           he
           seems
           plainly
           to
           affirm
           pag.
           7.
           
           Then
           I
           grant
           the
           
             King's
             Authority
             is
             destroy'd
          
           ,
           and
           so
           is
           the
           
             Property
             of
             the
             Subject
             too
          
           .
           For
           if
           the
           Government
           is
           dissolv'd
           ,
           no
           Man
           has
           any
           Right
           to
           Title
           or
           Estate
           ,
           because
           the
           Laws
           upon
           which
           their
           Right
           is
           founded
           ,
           are
           no
           longer
           in
           Being
           .
           But
           if
           the
           Government
           be
           so
           lucky
           as
           not
           to
           be
           dissolv'd
           ,
           
           then
           the
           King's
           Authority
           remains
           entire
           by
           his
           own
           Argument
           ,
           because
           it
           's
           supported
           by
           the
           same
           Constitution
           which
           secures
           the
           Property
           of
           the
           Subject
           .
        
         
           In
           his
           Sixteenth
           Paragraph
           we
           have
           a
           mighty
           Stress
           lay'd
           upon
           the
           difference
           between
           
             Male
             Administration
             and
             striking
             at
             Fundamentals
             ,
          
           as
           if
           it
           was
           Lawful
           to
           resist
           the
           Prince
           in
           the
           latter
           Case
           ,
           though
           not
           in
           the
           former
           .
           But
           if
           this
           Distinction
           had
           been
           own'd
           by
           our
           Constitution
           ,
           we
           may
           be
           assured
           we
           should
           have
           had
           a
           plain
           List
           of
           Fundamentals
           set
           down
           in
           the
           Body
           of
           our
           Laws
           ;
           particularly
           we
           have
           all
           imaginable
           reason
           to
           believe
           that
           these
           Fundamentals
           would
           have
           been
           mentioned
           ,
           and
           saved
           by
           express
           Clauses
           and
           Provisoes
           in
           those
           Statutes
           which
           forbid
           Resistance
           .
           For
           without
           such
           a
           direction
           it
           would
           be
           impossible
           for
           the
           Subject
           to
           know
           how
           far
           his
           Submission
           was
           to
           extend
           ,
           and
           when
           it
           was
           Lawful
           to
           make
           use
           of
           Force
           .
           Such
           an
           unregulated
           Liberty
           would
           put
           it
           into
           the
           Power
           of
           all
           popular
           ,
           and
           aspiring
           Male
           Contents
           to
           corrupt
           the
           Loyalty
           of
           the
           unwary
           Multitude
           ,
           as
           often
           as
           they
           thought
           fit
           to
           cry
           out
           
             Breach
             of
             Fundamentals
          
           .
           And
           at
           this
           rate
           it
           is
           easy
           to
           foresee
           what
           a
           tottering
           and
           unsettled
           condition
           the
           State
           must
           be
           in
           .
           And
           therefore
           according
           to
           the
           old
           Maxim
           ,
           (
           for
           which
           there
           was
           never
           more
           occasion
           )
           
             Ubi
             Lex
             non
             Distinguit
             ,
             non
             est
             Distinguendum
             .
          
        
         
           I
           have
           now
           gon
           through
           his
           Principles
           ,
           and
           I
           think
           sufficiently
           shewn
           the
           Weakness
           ,
           and
           Danger
           of
           them
           .
           And
           if
           so
           ,
           his
           Catalogue
           of
           Grievances
           signify
           nothing
           to
           his
           purpose
           ,
           though
           there
           was
           much
           more
           aggravation
           ,
           and
           Truth
           in
           them
           than
           there
           is
           .
        
         
           But
           time
           has
           now
           Expounded
           the
           great
           Mystery
           ,
           and
           made
           it
           evident
           to
           most
           Mens
           Understandings
           that
           our
           Authors
           Party
           has
           fail'd
           Remarkably
           in
           Matters
           of
           Fact
           ,
           as
           well
           as
           in
           Point
           of
           Right
           .
           For
           they
           have
           not
           so
           much
           as
           attempted
           to
           make
           good
           the
           main
           and
           most
           invidious
           Part
           of
           the
           charge
           against
           his
           Majesty
           ;
           though
           (
           to
           omit
           Justice
           )
           Honour
           and
           Interest
           has
           so
           loudly
           called
           upon
           them
           to
           do
           it
           .
           Their
           giving
           no
           Proof
           after
           such
           Importunity
           of
           their
           own
           Affairs
           ,
           is
           a
           Demonstration
           they
           never
           had
           any
           :
           For
           how
           defective
           soever
           they
           may
           be
           in
           other
           Respects
           ;
           we
           must
           be
           so
           just
           as
           to
           allow
           them
           Common
           Sence
           .
        
         
           THE
           END
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A33923-e180
           
             *
             Letter
             to
             the
             Convent
             .