Agreement betwixt the present and the former government, or, A discourse of this monarchy, whether elective or hereditary? also of abdication, vacancy, interregnum, present possession of the crown, and the reputation of the Church of England ; with an answer to objections thence arising, against taking the new Oath of Allegiance, for the satisfaction of the scrupulous / by a divine of the Church of England, the author of a little tract entituled, Obedience due to the present King, nothwithstanding our oaths to the former.
         Fullwood, Francis, d. 1693.
      
       
         
           1689
        
      
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             Agreement betwixt the present and the former government, or, A discourse of this monarchy, whether elective or hereditary? also of abdication, vacancy, interregnum, present possession of the crown, and the reputation of the Church of England ; with an answer to objections thence arising, against taking the new Oath of Allegiance, for the satisfaction of the scrupulous / by a divine of the Church of England, the author of a little tract entituled, Obedience due to the present King, nothwithstanding our oaths to the former.
             Fullwood, Francis, d. 1693.
          
           [4], 75 [i.e. 67], [1] p.
           
             Printed for A.C. and are to sold by Charles Yeo ...,
             London :
             1689.
          
           
             Attributed to Fullwood by Wing and NUC pre-1956 imprints.
             "Licens'd. Sept. 24, 1689. J. Fraser."
             Errors in paging: page numbers 17-24 skipped in the numbering .
             Errata: p. 75.
             Advertisement: p. [1] at end.
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             Reproduction of original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Great Britain -- History -- William and Mary, 1689-1702.
           Great Britain -- Politics and government -- 1689-1702.
        
      
    
     
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           AGREEMENT
           Betwixt
           the
           Present
           and
           the
           Former
           Government
           :
           Or
           ,
           a
           DISCOURSE
           of
           
             This
             Monarchy
          
           ,
           whether
           Elective
           or
           Hereditary
           ?
        
         
           Also
           ,
           of
           
             Abdication
             ,
             Vacancy
             ,
             Interregnum
             ,
             Present
             Possession
             of
             the
             Crown
             ,
          
           and
           the
           
             Reputation
             of
          
           the
           
             Church
             of
             England
          
           .
           With
           an
           Answer
           to
           Objections
           ,
           thence
           arising
           ,
           against
           taking
           the
           
             new
             Oath
          
           of
           Allegiance
           .
           For
           the
           Satisfaction
           of
           the
           Scrupulous
           .
        
         
           By
           a
           Divine
           of
           the
           
             Church
             of
             England
          
           ,
           the
           Author
           of
           a
           little
           Tract
           ,
           entituled
           ,
           
             Obedience
             due
             to
             the
             Present
             King
             ,
             notwithstanding
             our
             Oaths
             to
             the
             Former
             .
          
        
         
           LICENS'D
           ,
        
         
           Sept.
           24.
           1689.
           
        
         
           J.
           Fraser
           .
        
         
           LONDON
           ,
           Printed
           for
           
             A.
             C.
          
           and
           are
           to
           be
           sold
           by
           
             Charles
             Yeo
          
           ,
           Bookseller
           in
           Exon
           ,
           1689.
           
        
      
       
         
         
         
           THE
           CONTENTS
           OF
           THE
           CHAPTERS
           .
        
         
           
             CHAP.
             I.
             
               AN
               Introduction
               grounded
               on
               a
               general
               Maxim
               ,
               That
               unnecessary
               Changes
               in
               Government
               are
               to
               be
               avoided
               as
               dangerous
               .
            
             page
             3.
             
          
           
             CHAP.
             II.
             
               The
               chief
               Maxims
               insisted
               upon
               as
               prejudiced
               by
               the
               late
               Settlement
               .
            
             p.
             11.
             
          
           
             CHAP.
             III.
             
               The
               Government
               ,
               whether
               Elective
               or
               Hereditary
               ,
               and
               how
               .
            
             p.
             12.
             
          
           
             CHAP.
             IV.
             
               Of
               Vacancy
               ,
               and
               the
               supposed
               Interregnum
               thereupon
               ,
               by
               the
               late
               King's
               Abdication
               .
            
             p.
             31.
             
          
           
             
             CHAP.
             V.
             
               Of
               ABDICATION
            
             .
             p.
             32.
             
          
           
             CHAP.
             VI.
             
               Of
               Vacancy
               and
               Interregnum
            
             .
             p.
             37.
             
          
           
             CHAP.
             VII
             .
             
               Of
               the
               Convention
               ,
               and
               how
               it
               became
               a
               Parliament
               .
            
             p.
             42.
             
          
           
             CHAP.
             VIII
             .
             
               Arguing
               from
               the
               Possession
               of
               the
               Crown
               .
            
             p.
             51.
             
          
           
             CHAP.
             IX
             .
             
               Whether
               a
               King
               can
               make
               Laws
               ,
               limiting
               the
               Crown
               .
            
             p.
             58.
             
          
           
             CHAP.
             X.
             
               The
               Honour
               of
               the
               Church
               of
               England
               ,
               no
               just
               ▪
               Objection
               against
               our
               taking
               the
               new
               Oath
               .
            
             p.
             60.
             
          
           
             
               The
               APPENDIX
               :
               The
               Objection
               from
               the
               Word
               Allegiance
               considered
               .
            
             p.
             66.
             
          
           
             POSTSCRIPT
             .
             p.
             75.
             
          
        
      
       
         
         
           TO
           THE
           READER
           .
        
         
           SCruple
           is
           an
           Ague
           of
           the
           Mind
           ,
           it
           sometimes
           shakes
           it
           ,
           and
           sometimes
           heats
           and
           disturbs
           the
           Brain
           :
           If
           the
           Matter
           be
           unknown
           to
           the
           Patient
           and
           to
           Doctors
           ,
           we
           are
           not
           certain
           of
           the
           Cure
           ;
           and
           the
           less
           ,
           if
           the
           Stomach
           be
           untoward
           ,
           and
           the
           Appetite
           averse
           to
           Medicine
           :
           in
           such
           a
           Case
           ,
           various
           Methods
           used
           to
           be
           tried
           ,
           and
           Remedies
           prescribed
           ;
           but
           through
           Ignorance
           of
           the
           Cause
           ,
           or
           some
           latent
           Obstruction
           ,
           Skill
           it self
           ,
           a
           long
           time
           is
           thrown
           away
           ;
           at
           length
           perhaps
           a
           vulgar
           Medicine
           ,
           given
           at
           a
           venture
           ,
           hits
           the
           Distemper
           ,
           and
           works
           the
           Cure.
           After
           many
           learned
           Doctors
           charitable
           Endeavours
           to
           deobstruct
           
           and
           ease
           some
           good
           Mens
           Minds
           ,
           that
           are
           shaken
           with
           Scruples
           about
           the
           
             new
             Oath
          
           of
           Allegiance
           ,
           hitherto
           in
           vain
           ,
           
             (
             if
             it
             be
             yet
             in
             vain
             )
          
           ;
           though
           I
           cannot
           boast
           of
           my
           Skill
           ,
           I
           make
           bold
           to
           trie
           a
           
             new
             Practice
          
           upon
           them
           .
           And
           I
           hope
           my
           good
           Reader
           hath
           the
           like
           Reverence
           and
           Value
           ,
           for
           the
           worthy
           Persons
           that
           yet
           labour
           under
           (
           may
           I
           call
           it
           )
           the
           Disease
           ,
           and
           the
           same
           Zeal
           and
           Affection
           for
           the
           Health
           and
           Quiet
           of
           the
           Body
           Politick
           ,
           that
           I
           my self
           have
           ,
           and
           doth
           join
           with
           me
           ,
           while
           I
           do
           heartily
           (
           that
           which
           I
           fear
           Physicians
           seldom
           do
           )
           pray
           over
           my
           Patients
           for
           a
           Blessing
           from
           the
           Great
           Physician
           .
        
      
    
     
       
         
         
           
             CHAP.
             I.
             An
          
           Introduction
           
             grounded
             in
             a
             general
          
           Maxim.
           
        
         
           
             The
             general
             Maxim
          
           ,
           Vnnecessary
           Changes
           in
           Government
           are
           to
           be
           avoided
           as
           dangerous
           .
        
         
           UPON
           any
           great
           Revolution
           it
           seems
           much
           the
           Concern
           of
           the
           New
           State
           ,
           so
           to
           settle
           the
           Government
           ,
           as
           may
           offer
           least
           matter
           or
           occasion
           of
           Discontent
           to
           the
           People
           ,
           and
           consequently
           to
           make
           as
           little
           Alteration
           in
           the
           former
           Maxims
           and
           Customs
           ,
           (
           that
           is
           ,
           in
           the
           old
           Constitution
           )
           as
           is
           possible
           ,
           lest
           the
           old
           Leaven
           should
           work
           again
           to
           the
           prejudice
           of
           the
           new
           Establishment
           .
        
         
           We
           may
           observe
           in
           our
           own
           History
           ,
           that
           such
           publick
           Grievances
           as
           from
           time
           to
           time
           have
           been
           objected
           by
           the
           People
           to
           the
           disquieting
           ,
           and
           sometimes
           hazarding
           of
           the
           Government
           ,
           have
           generally
           been
           aggravated
           with
           the
           charge
           of
           Innovation
           ,
           as
           being
           contrary
           to
           our
           ancient
           Liberties
           ,
           Rights
           and
           Customs
           ;
           and
           for
           some
           Ages
           in
           Instances
           infringing
           
             Magna
             Charta
          
           ,
           that
           great
           Record
           of
           the
           Subjects
           Priviledges
           ,
           and
           Codex
           of
           our
           ancient
           and
           common
           Law
           ,
           in
           which
           much
           of
           our
           old
           and
           happy
           Constitution
           consists
           ;
           indeed
           any
           Alteration
           in
           our
           Constitution
           seems
           to
           shake
           the
           Foundation
           ,
           and
           frightens
           the
           People
           like
           an
           Earthquake
           .
        
         
         
           This
           Maxim
           is
           commended
           by
           three
           great
           and
           well-known
           Examples
           .
        
         
           
             1.
             
             Our
             Saviour's
             .
          
           
             This
             Caution
             was
             sanctified
             after
             a
             marvellous
             manner
             by
             the
             Wisdom
             of
             God
             in
             our
             great
             Examplar
             :
             Our
             blessed
             Saviour
             ,
             we
             know
             ,
             was
             sent
             into
             the
             World
             to
             put
             the
             Church
             into
             a
             new
             frame
             ;
             now
             in
             his
             so
             doing
             ,
             did
             he
             reject
             all
             that
             was
             old
             ,
             or
             leave
             out
             any
             thing
             that
             might
             be
             any
             way
             serviceable
             in
             the
             new
             ?
             Is
             it
             not
             remarkable
             ,
             that
             he
             did
             resume
             and
             make
             use
             of
             as
             many
             of
             the
             old
             Materials
             as
             could
             possibly
             be
             accommodated
             to
             the
             Edification
             of
             the
             Gospel-Church
             ?
             Did
             he
             not
             take
             both
             the
             Sacraments
             ,
             did
             he
             not
             collect
             the
             very
             Petitions
             of
             his
             Prayer
             out
             of
             the
             former
             Usage
             ,
             and
             allude
             much
             in
             the
             new
             Government
             to
             be
             established
             to
             that
             which
             he
             found
             in
             the
             old
             ?
             Did
             he
             not
             preach
             and
             expound
             upon
             the
             Law
             of
             Moses
             ,
             and
             the
             ancient
             Prophets
             ,
             and
             appeal
             for
             his
             Defence
             and
             Justification
             to
             their
             own
             Books
             ?
             Indeed
             he
             seems
             to
             have
             left
             out
             nothing
             of
             the
             old
             Dispensation
             but
             what
             was
             inconsistent
             with
             the
             new
             ,
             namely
             ,
             that
             which
             was
             typical
             and
             expired
             in
             the
             Truth
             ,
             and
             that
             which
             was
             purely
             judicial
             ,
             and
             therefore
             ceased
             with
             the
             temporal
             Government
             of
             the
             Jews
             ,
             which
             our
             Saviour
             was
             not
             then
             come
             to
             take
             upon
             him
             .
          
           
             Now
             ,
             was
             not
             all
             this
             Accommodation
             of
             our
             Saviour
             to
             Moses
             wisely
             as
             well
             as
             graciously
             contrived
             ,
             that
             the
             People
             ,
             for
             whose
             sakes
             he
             was
             first
             sent
             ,
             might
             not
             be
             offended
             ,
             or
             startle
             and
             flie
             from
             him
             upon
             the
             Scandal
             of
             Innovation
             ?
          
           
             Yea
             ,
             so
             tender
             was
             our
             Saviour
             of
             them
             in
             this
             Point
             ,
             that
             during
             his
             whole
             Life
             ,
             both
             he
             himself
             ,
             and
             his
             Disciples
             
             by
             his
             Commission
             ,
             addressed
             only
             to
             the
             Jewish
             Nation
             ;
             that
             the
             greatest
             Scandal
             by
             the
             
               Call
               of
               the
               Gentiles
            
             might
             be
             avoided
             ,
             and
             they
             might
             still
             appear
             to
             be
             God's
             peculiar
             People
             ,
             while
             there
             was
             any
             the
             least
             hopes
             of
             them
             .
          
           
             According
             to
             their
             Lord's
             method
             and
             example
             ,
             we
             afterwards
             find
             his
             Apostles
             in
             a
             great
             Council
             ,
             held
             and
             decreed
             it
             as
             a
             necessary
             thing
             for
             some
             time
             to
             retain
             and
             to
             practise
             some
             legal
             Ceremonies
             ,
             even
             after
             they
             were
             all
             really
             abolish'd
             in
             the
             Death
             of
             Christ
             ,
             that
             if
             possible
             they
             might
             thus
             gain
             ,
             that
             is
             ,
             reconcile
             the
             stubborn
             People
             to
             the
             new
             Establishment
             ,
             or
             at
             least
             ,
             leave
             them
             without
             excuse
             .
          
           
             Afterwards
             ,
             the
             fear
             that
             possessed
             the
             Christian
             and
             believing
             Jews
             of
             too
             great
             Alteration
             to
             be
             made
             by
             the
             Gospel
             ,
             occasion'd
             that
             sober
             Advice
             we
             reade
             of
             in
             Acts
             21.
             20
             ,
             21
             ,
             23
             ,
             24.
             of
             the
             Church
             to
             St.
             
               Paul
               ,
               Thou
               seest
               ,
               Brother
               ,
               how
               many
               thousands
               of
               Jews
               there
               are
               which
               believe
               ,
               and
               they
               are
               all
               zealous
               of
               the
               Law
               :
               And
               they
               are
               informed
               of
               thee
               ,
               that
               thou
               teachest
               all
               the
               Jews
               which
               are
               amongst
               the
               Gentiles
               ,
               to
               forsake
            
             Moses
             ,
             
               saying
               ,
               That
               they
               ought
               not
               to
               circumcise
               their
               Children
               ,
               neither
               to
               walk
               after
               the
               Customs
               .
               Do
               therefore
               this
               that
               we
               say
               unto
               thee
               .
               —
               that
               all
               may
               know
               that
               the
               Information
               against
               thee
               is
               nothing
               ,
               i.
               e.
            
             of
             no
             moment
             ;
             
               but
               that
               thou
               thy self
               walkest
               orderly
               ,
               and
               keepest
               the
               Law.
               
            
          
        
         
           
             2.
             
             Of
             the
             Church
             of
             England
             in
             the
             Reformation
             .
          
           
             Upon
             this
             ground
             some
             have
             thought
             it
             a
             Point
             of
             commendable
             Prudence
             in
             the
             Church
             of
             England
             ,
             that
             her
             Reformation
             at
             first
             ,
             proceeded
             with
             so
             much
             Moderation
             ,
             and
             no
             greater
             Alteration
             ,
             either
             in
             the
             Service
             or
             Government
             of
             this
             Church
             ;
             whereby
             she
             quieted
             
             the
             Minds
             ,
             and
             drew
             into
             her
             Communion
             so
             many
             of
             the
             moderate
             Papists
             ,
             both
             in
             the
             Reign
             of
             Edw.
             6.
             and
             in
             the
             beginning
             of
             Q.
             
             Elizabeth's
             ;
             and
             whereby
             ,
             thrô
             the
             wonderful
             Mercy
             of
             God
             ,
             she
             hath
             been
             so
             long
             preserved
             ,
             even
             in
             the
             midst
             of
             her
             Enemies
             on
             both
             sides
             .
             
               Moderata
               durant
            
             .
             And
             since
             that
             you
             have
             her
             candid
             Apology
             to
             this
             purpose
             in
             these
             words
             ;
             
               Accordingly
               we
               find
               (
               saith
               her
               Preface
               before
               the
               Liturgy
               )
               that
               in
               the
               Reigns
               of
               several
               Princes
               since
               the
               Reformation
               ,
               the
               Church
               upon
               just
               and
               weighty
               considerations
               hath
               yeilded
               to
               make
               such
               Alterations
               in
               some
               particulars
               ,
               as
               in
               their
               respective
               times
               were
               thought
               convenient
               :
               yet
               so
               ,
               as
               that
               the
               main
               Body
               and
               Essentials
               of
               it
               (
               as
               well
               in
               the
               chief
               Materials
               ,
               as
               in
               the
               Frame
               and
               Order
               thereof
               )
               have
               still
               continued
               the
               same
               unto
               this
               day
               .
            
          
           
             And
             we
             may
             remember
             ,
             that
             when
             some
             furious
             Zealots
             for
             Popery
             made
             a
             Commotion
             and
             Rebellion
             in
             the
             time
             of
             King
             Edward
             6.
             their
             pretence
             was
             ,
             that
             there
             were
             great
             and
             intolerable
             Alterations
             in
             Religion
             ;
             and
             that
             in
             their
             Wisdom
             ,
             the
             King
             and
             his
             Council
             thought
             it
             a
             proper
             course
             to
             allay
             their
             Heats
             ,
             and
             to
             pacify
             and
             reduce
             them
             to
             Obedience
             ,
             to
             let
             them
             know
             how
             small
             and
             few
             the
             Alterations
             complained
             of
             were
             ;
             and
             that
             their
             Service
             before
             in
             Latin
             was
             now
             made
             English
             ,
             that
             they
             might
             understand
             it
             .
          
           
             The
             Reformation
             in
             England
             was
             carried
             on
             without
             Affectation
             of
             Novelty
             ,
             though
             it
             justly
             abandon'd
             the
             former
             Superstitions
             and
             Idolatry
             .
          
        
         
           
             3.
             
             The
             Example
             of
             William
             called
             the
             Conqueror
             .
          
           
             This
             like
             Policy
             is
             observable
             in
             William
             the
             first
             :
             for
             though
             the
             Success
             of
             his
             Arms
             ,
             carried
             the
             Colours
             of
             a
             Conqueror
             ;
             yet
             he
             seem'd
             unwilling
             to
             trust
             wholly
             to
             
             that
             Title
             :
             he
             shook
             all
             indeed
             ,
             but
             endeavour'd
             too
             ,
             that
             things
             might
             go
             back
             as
             they
             could
             ,
             and
             settle
             more
             firmly
             upon
             the
             
               old
               Basis
            
             .
             He
             therefore
             added
             to
             ,
             or
             
             rather
             seconded
             his
             Sword
             with
             a
             Pretence
             of
             Right
             to
             the
             Crown
             ;
             
               Jure
               Haereditario
               vel
               Testimentario
            
             ;
             and
             then
             ,
             afterwards
             ,
             they
             say
             ,
             he
             proceeded
             to
             accommodate
             the
             Administration
             of
             his
             Government
             to
             the
             Humours
             of
             the
             
               English
               People
            
             ,
             and
             the
             ancient
             Rights
             and
             Customs
             ;
             I
             mean
             so
             ,
             as
             the
             time
             and
             present
             State
             of
             things
             would
             give
             way
             :
             so
             that
             whatever
             his
             Title
             was
             ,
             he
             accounted
             the
             Satisfaction
             of
             his
             People
             the
             best
             Security
             to
             his
             quiet
             Government
             .
             Certainly
             something
             he
             did
             to
             this
             purpose
             ,
             since
             we
             find
             it
             disputed
             by
             some
             learned
             Men
             ,
             whether
             this
             William
             the
             first
             ,
             was
             King
             by
             Conquest
             or
             
               Compact
               .
               Petit.
               Brady
            
             ,
             and
             others
             .
          
           
             If
             the
             former
             Maxim
             be
             allowed
             ,
             I
             may
             have
             leave
             to
             apply
             it
             to
             our
             present
             Establishment
             ,
             in
             two
             Inferences
             .
          
           
             First
             ,
             Seeing
             ,
             as
             we
             have
             heard
             ,
             upon
             such
             Revolution
             ,
             a
             departing
             from
             the
             former
             Constitution
             (
             beyond
             what
             is
             necessary
             in
             the
             very
             reason
             of
             the
             change
             )
             is
             to
             be
             avoided
             as
             unsafe
             or
             dangerous
             ;
             we
             hence
             seem
             to
             owe
             that
             Charity
             ,
             yea
             that
             Justice
             and
             that
             Honour
             to
             those
             great
             and
             wise
             Instruments
             in
             our
             late
             Revolution
             ,
             as
             to
             presume
             they
             have
             done
             it
             with
             Prudence
             agreeable
             to
             that
             great
             Maxim
             ;
             that
             is
             ,
             that
             at
             least
             they
             intended
             not
             therein
             to
             depart
             farther
             from
             our
             former
             State
             ,
             or
             to
             alter
             any
             of
             our
             allowed
             Maxims
             or
             Customs
             ,
             that
             lie
             at
             the
             bottom
             of
             our
             ancient
             Constitution
             ,
             as
             our
             
               Common
               Law
            
             ;
             I
             mean
             ,
             beyond
             such
             Necessity
             ,
             or
             beyond
             what
             hath
             been
             declared
             by
             the
             King
             and
             Parliament
             .
          
           
           
             For
             if
             any
             thing
             contrary
             or
             dissonant
             to
             our
             Rule
             was
             discours'd
             in
             some
             
               previous
               ▪
            
             Debates
             before
             the
             Settlement
             was
             made
             ,
             and
             all
             such
             Debates
             were
             determined
             in
             the
             Law
             ;
             I
             say
             ,
             if
             any
             such
             things
             then
             happen'd
             ,
             they
             ought
             not
             now
             to
             be
             remembred
             or
             mention'd
             as
             other
             than
             the
             motion
             of
             particular
             and
             private
             Persons
             ;
             and
             by
             no
             Rule
             can
             they
             be
             thought
             to
             pass
             into
             ,
             or
             any
             way
             affect
             the
             
               Publique
               State
            
             ,
             as
             't
             is
             now
             settled
             by
             Laws
             exclusive
             of
             them
             .
          
           
             Again
             ,
             If
             any
             thing
             should
             yet
             be
             thought
             doubtful
             in
             the
             Laws
             or
             Method
             of
             our
             present
             Establishment
             ,
             methinks
             by
             the
             help
             of
             the
             same
             Rule
             ,
             all
             such
             Doubts
             may
             be
             speedily
             resolv'd
             ;
             I
             mean
             by
             an
             Interpretation
             favourable
             of
             our
             
               former
               State.
            
             
          
           
             Especially
             if
             it
             be
             seriously
             weighed
             ,
             how
             far
             such
             a
             sense
             may
             contribute
             to
             the
             Quiet
             of
             the
             Minds
             of
             a
             Multitude
             of
             Men
             among
             us
             ,
             that
             perhaps
             are
             too
             fond
             of
             old
             ,
             and
             averse
             to
             new
             things
             .
          
           
             But
             principally
             ,
             for
             the
             saving
             of
             the
             Wisdom
             and
             Honour
             of
             our
             Governors
             ;
             and
             the
             better
             securing
             the
             Government
             ,
             upon
             a
             
               tried
               Basis
            
             ;
             and
             the
             more
             firmly
             rivetting
             it
             in
             the
             Affections
             and
             Satisfactions
             of
             the
             Generality
             of
             the
             Kingdom
             .
          
           
             This
             is
             considerable
             ,
             when
             Unanimity
             and
             Unity
             by
             such
             Satisfaction
             ,
             cannot
             but
             be
             thought
             at
             least
             expedient
             for
             our
             common
             Preservation
             from
             the
             subtile
             Designs
             and
             threatning
             Attempts
             of
             our
             Enemies
             .
          
           
             Pardon
             me
             if
             I
             make
             bold
             to
             demand
             ,
             why
             the
             
               general
               Sense
            
             of
             Publique
             Danger
             by
             means
             of
             the
             Offence
             so
             many
             take
             from
             the
             disagreeableness
             of
             too
             strict
             an
             Interpretation
             of
             some
             doubtful
             Words
             and
             Practices
             ,
             touching
             our
             present
             Settlement
             from
             our
             former
             ;
             why
             may
             not
             ,
             I
             say
             ,
             so
             general
             a
             Sense
             and
             Fear
             in
             the
             People
             ,
             who
             were
             represented
             in
             the
             Settlement
             ,
             be
             modestly
             
             thought
             to
             have
             some
             Right
             to
             reconcile
             such
             Doubts
             (
             if
             such
             are
             left
             and
             not
             fully
             cleared
             by
             our
             Law-Makers
             )
             to
             a
             Sense
             more
             agreeable
             to
             our
             former
             Constitution
             ,
             and
             as
             near
             as
             may
             be
             .
          
           
             At
             least
             ,
             where
             the
             Law
             is
             not
             express
             ,
             it
             cannot
             in
             reason
             be
             interpreted
             by
             private
             Persons
             to
             such
             a
             sense
             as
             is
             counter
             to
             general
             Satisfaction
             ,
             and
             the
             Publique
             Safety
             ,
             both
             of
             the
             King
             and
             Kingdom
             ;
             and
             this
             we
             have
             heard
             is
             hazarded
             by
             forsaking
             the
             old
             beyond
             necessity
             ;
             and
             laying
             too
             much
             Stress
             upon
             a
             new
             Foundation
             .
             We
             ought
             to
             be
             wary
             of
             wresting
             words
             or
             things
             that
             seem
             doubtful
             ,
             especially
             about
             Government
             ,
             to
             such
             ill
             Consequences
             ,
             as
             the
             cherishing
             Faction
             ,
             the
             Disturbance
             of
             Loyalty
             ,
             the
             Reproach
             of
             our
             Rulers
             ,
             the
             Scandal
             of
             the
             Law
             ,
             and
             the
             unsetling
             of
             the
             new
             Establishment
             ,
             wherein
             all
             our
             civil
             and
             religious
             Interests
             are
             undoubtedly
             concern'd
             .
          
           
             Secondly
             ,
             From
             the
             Premises
             I
             must
             infer
             ,
             that
             an
             Essay
             to
             reconcile
             our
             present
             State
             with
             the
             former
             ,
             is
             at
             least
             pardonable
             ,
             if
             not
             reasonable
             and
             expedient
             ,
             not
             to
             say
             necessary
             .
          
           
             Here
             I
             am
             incouraged
             to
             lay
             the
             ground
             of
             my
             Apology
             ,
             for
             this
             bold
             Adventure
             ,
             and
             I
             hope
             no
             peaceable
             or
             good
             Man
             will
             be
             offended
             ,
             much
             less
             any
             of
             our
             Rulers
             be
             provoked
             ,
             with
             a
             modest
             and
             well-meant
             Endeavour
             to
             prevent
             much
             harm
             ,
             and
             to
             do
             a
             great
             deal
             of
             good
             in
             my
             opinion
             .
             If
             I
             am
             mistaken
             ,
             
               humanum
               est
            
             ;
             but
             I
             am
             sure
             I
             intend
             well
             ,
             and
             pursue
             a
             good
             Intention
             sincerely
             according
             to
             my
             own
             Apprehension
             :
             This
             satisfies
             my self
             ,
             and
             methinks
             it
             should
             offend
             no
             body
             .
          
           
             But
             I
             must
             speak
             plain
             ;
             For
             if
             unnecessary
             Alterations
             in
             the
             Frame
             of
             Government
             be
             indeed
             dangerous
             ,
             and
             
             we
             find
             an
             evil
             Surmise
             and
             groundless
             Suspition
             hereof
             with
             respect
             to
             our
             late
             Revolution
             ,
             already
             fermenting
             among
             us
             ,
             and
             spreading
             the
             sowrness
             of
             Dissatisfaction
             ,
             Discontent
             ,
             and
             (
             I
             fear
             )
             Faction
             ,
             over
             too
             great
             a
             part
             of
             the
             Nation
             ,
             and
             prevailing
             so
             far
             ,
             as
             to
             dishearten
             our
             Friends
             ,
             to
             animate
             our
             Foes
             ,
             to
             increase
             our
             Fears
             ,
             to
             continue
             our
             Troubles
             ,
             and
             almost
             shake
             the
             Establishment
             .
          
           
             If
             matters
             are
             thus
             with
             us
             ,
             I
             must
             have
             leave
             to
             say
             that
             a
             Man
             can
             hardly
             do
             better
             Service
             to
             the
             Publique
             at
             this
             season
             ,
             than
             by
             endeavouring
             to
             remove
             such
             Popular
             Mistakes
             about
             the
             Method
             of
             our
             present
             Settlement
             ,
             and
             the
             nature
             of
             the
             Government
             ,
             as
             seem
             to
             have
             such
             malevolent
             Influences
             ,
             and
             unhappy
             Effects
             .
          
           
             Now
             I
             conceive
             this
             is
             to
             be
             done
             in
             a
             good
             measure
             ,
             by
             shewing
             that
             the
             Alterations
             from
             our
             former
             State
             made
             in
             the
             present
             Government
             ,
             are
             not
             so
             great
             or
             many
             as
             our
             discontented
             Men
             imagine
             ,
             and
             our
             Enemies
             suggest
             .
             But
             if
             it
             be
             made
             evident
             ,
             that
             in
             a
             fair
             and
             charitable
             Construction
             of
             things
             ,
             we
             stand
             firm
             upon
             the
             same
             Basis
             we
             ever
             did
             ;
             and
             that
             the
             Constitution
             of
             the
             Kingdom
             founded
             in
             our
             
               ancient
               Maxims
               and
               Customs
            
             ,
             with
             respect
             to
             our
             Government
             ,
             is
             not
             alter'd
             or
             touch'd
             by
             the
             late
             Revolution
             ;
             I
             say
             ,
             if
             this
             can
             be
             effected
             ,
             I
             am
             apt
             to
             think
             many
             doubting
             and
             scrupulous
             Persons
             among
             us
             ,
             may
             be
             satisfied
             ,
             and
             happily
             reconciled
             to
             a
             better
             opinion
             of
             the
             present
             Government
             ,
             and
             a
             more
             cheerful
             Submission
             to
             it
             .
          
           
             If
             I
             knew
             any
             better
             Argument
             to
             justify
             our
             Rulers
             ,
             to
             vindicate
             the
             Government
             ,
             to
             establish
             the
             Kingdom
             in
             Peace
             and
             Safety
             ,
             and
             to
             defeat
             the
             Designs
             and
             Forces
             of
             our
             
               Enemies
               (
               who
               live
               and
               are
               mighty
               )
            
             than
             this
             before
             us
             ,
             I
             would
             certainly
             use
             it
             the
             best
             I
             could
             ;
             but
             I
             have
             no
             better
             ,
             therefore
             I
             crave
             Acceptance
             of
             this
             my
             Apology
             ,
             and
             Leave
             to
             adventure
             upon
             my
             Task
             .
          
        
         
           
           
             
               CHAP.
               II.
            
             The
             
               Chief
               Maxims
            
             insisted
             upon
             as
             prejudiced
             by
             the
             late
             Settlement
             .
          
           
             IT
             may
             run
             in
             the
             Minds
             of
             some
             scrupulous
             Persons
             ,
             that
             there
             are
             old
             Maxims
             that
             lie
             at
             the
             Root
             or
             Foundation
             of
             the
             Kingdom
             of
             England
             ;
             and
             that
             these
             are
             destroyed
             ,
             or
             subverted
             by
             the
             new
             Model
             ;
             and
             consequently
             the
             Constitution
             of
             the
             Government
             is
             quite
             alter'd
             .
          
           
             Those
             old
             Maxims
             may
             be
             thought
             to
             be
             such
             as
             these
             .
             
               
                 1.
                 
                 That
                 the
                 Government
                 in
                 England
                 is
                 Hereditary
                 .
              
               
                 2.
                 
                 That
                 it
                 admits
                 not
                 of
                 an
                 Interregnum
                 .
              
               
                 3.
                 
                 That
                 nothing
                 binds
                 the
                 People
                 of
                 England
                 ,
                 but
                 
                   an
                   Act
                   of
                   Parliament
                
                 .
              
            
          
           
             Now
             perhaps
             't
             is
             thought
             that
             the
             Government
             is
             now
             made
             Elective
             ,
             and
             therefore
             is
             not
             Hereditary
             .
          
           
             Again
             ,
             that
             it
             having
             been
             declared
             ,
             that
             by
             the
             late
             King's
             Abdication
             there
             was
             a
             Vacancy
             in
             the
             Throne
             ,
             therefore
             an
             Interregnum
             was
             admitted
             .
          
           
             Lastly
             ,
             that
             this
             new
             Change
             was
             made
             by
             a
             Convention
             ,
             and
             not
             by
             a
             
               Legal
               Parliament
            
             ,
             and
             therefore
             we
             are
             not
             bound
             to
             own
             it
             .
          
           
             Such
             kind
             of
             Suggestions
             as
             these
             ,
             I
             fear
             have
             created
             Shyness
             and
             Aversion
             in
             many
             good
             Men
             from
             a
             due
             Recognition
             of
             the
             present
             Government
             ;
             if
             we
             can
             make
             it
             appear
             ,
             that
             in
             truth
             they
             are
             vain
             and
             groundless
             ,
             I
             hope
             all
             good
             Men
             will
             be
             easily
             entreated
             to
             lay
             
             aside
             that
             Aversion
             ,
             and
             be
             sweetned
             to
             a
             better
             Compliance
             ,
             both
             for
             the
             Sake
             of
             the
             Publique
             ,
             and
             their
             own
             .
          
           
             We
             proceed
             to
             consider
             every
             one
             of
             them
             in
             order
             ,
             and
             the
             several
             Grounds
             or
             Reasons
             they
             seem
             built
             upon
             ,
             and
             whence
             they
             are
             alledged
             and
             objected
             .
          
        
         
           
             
               CHAP.
               III.
            
             The
             Government
             ,
             whether
             Elective
             or
             Hereditary
             ,
             and
             how
             .
          
           
             IT
             may
             be
             thought
             by
             some
             ,
             that
             by
             the
             late
             Change
             ,
             the
             Government
             is
             made
             Elective
             ,
             and
             therefore
             is
             altered
             ,
             and
             is
             no
             longer
             Hereditary
             ,
             as
             it
             was
             before
             .
          
           
             The
             Vanity
             of
             this
             Argument
             appears
             ,
             if
             we
             make
             good
             these
             two
             Propositions
             .
          
           
             1st
             .
             Our
             Government
             was
             never
             so
             absolutely
             Hereditary
             as
             to
             exclude
             Election
             in
             all
             respects
             .
          
           
             2dly
             .
             In
             our
             late
             Settlement
             ,
             there
             was
             nothing
             done
             in
             Prejudice
             of
             our
             
               Hereditary
               Government
            
             .
          
           
             Prop.
             1.
             
             
               The
               first
               of
               these
               Propositions
            
             ,
             viz.
             That
             our
             Government
             was
             never
             so
             absolutely
             Hereditary
             ,
             as
             to
             exclude
             Elections
             in
             all
             respects
             ,
             appears
             ,
          
           
             First
             ,
             Because
             all
             along
             in
             our
             Histories
             ,
             we
             find
             the
             Words
             [
             Election
             and
             Elected
             ]
             used
             as
             previous
             to
             the
             Crowning
             of
             our
             
               Ancient
               Kings
            
             .
          
           
             Some
             of
             them
             came
             to
             the
             Crown
             without
             any
             Colour
             of
             Title
             .
             Some
             ,
             though
             not
             next
             in
             Blood
             ,
             by
             the
             Nomination
             of
             the
             last
             King.
             Some
             only
             as
             being
             
               next
               in
               Blood
            
             ,
             without
             such
             Nomination
             .
             And
             lastly
             ,
             Some
             both
             by
             Proximity
             of
             Blood
             ,
             and
             by
             the
             Nomination
             or
             Testament
             of
             the
             Predecessor
             .
          
           
           
             Now
             if
             in
             History
             all
             these
             are
             said
             to
             be
             elected
             ,
             certainly
             we
             have
             no
             reason
             to
             be
             offended
             with
             the
             Word
             ,
             or
             imagine
             that
             our
             Government
             abhors
             all
             kind
             of
             Election
             .
          
           
             But
             this
             is
             plainly
             acknowledged
             by
             the
             industrious
             Dr.
             Bradie
             ,
             while
             he
             is
             in
             pursuit
             of
             the
             Hereditary
             Succession
             ;
             the
             Saxon
             Expression
             ,
             saith
             he
             ,
             concerning
             Succession
             and
             Successor
             ,
             is
             always
             the
             same
             ,
             Feng
             to
             Rice
             ,
             render'd
             usually
             
               successit
               ,
               Electus
               est
            
             ,
             he
             took
             possession
             of
             the
             Kingdom
             ,
             he
             succeeded
             ,
             he
             was
             chosen
             ,
             
               &c.
               Hist
               .
               of
               Success
               .
               p.
            
             366.
             
          
           
             Edgar
             left
             his
             Son
             Heir
             of
             the
             Kingdom
             ,
             and
             the
             great
             Men
             chose
             him
             (
             elegerunt
             )
             as
             his
             Father
             commanded
             .
          
           
             
               Harold
               ,
               Henry
            
             1.
             and
             K.
             Stephen
             obtained
             the
             Crown
             (
             they
             say
             )
             by
             fraud
             and
             Violence
             ;
             yet
             by
             several
             old
             Monks
             are
             said
             to
             be
             elected
             .
          
           
             They
             said
             some
             of
             our
             Kings
             that
             had
             undoubted
             hereditary
             Titles
             ,
             were
             elected
             ,
             so
             K.
             
               Henry
               2.
               ab
               omnibus
               electus
            
             ;
             
             so
             likewise
             K.
             John
             and
             Richard
             3.
             are
             said
             to
             be
             chosen
             ,
             as
             he
             observes
             in
             his
             parallel
             ,
             p.
             412.
             
          
           
             But
             to
             do
             the
             Doctor
             Right
             ,
             I
             confess
             he
             contends
             earnestly
             ,
             that
             however
             the
             words
             were
             used
             in
             such
             cases
             ,
             indeed
             there
             was
             no
             such
             thing
             as
             Election
             or
             proper
             Election
             of
             any
             of
             those
             Kings
             ;
             and
             that
             Election
             signified
             only
             Recognition
             ,
             Applause
             or
             Proclamation
             ,
             and
             sometimes
             only
             a
             forc'd
             Submission
             ;
             at
             least
             they
             were
             never
             chosen
             by
             the
             Community
             of
             the
             People
             ,
             as
             they
             are
             now
             understood
             ,
             but
             by
             the
             great
             Men
             of
             the
             Kingdom
             .
          
           
             But
             that
             Controversy
             I
             leave
             betwixt
             the
             Doctor
             and
             his
             Adversaries
             ;
             observing
             only
             for
             my
             present
             purpose
             ,
             that
             our
             ancient
             Kings
             ,
             both
             Saxons
             and
             Normans
             ,
             are
             in
             the
             Chronicles
             of
             England
             frequently
             said
             to
             have
             been
             chosen
             or
             elected
             .
          
           
           
             So
             much
             for
             the
             Word
             :
             and
             now
             with
             the
             Peace
             of
             the
             ingenuous
             and
             laborious
             Man
             lately
             mention'd
             ,
             I
             would
             modestly
             enquire
             whether
             we
             find
             not
             some
             stroaks
             in
             our
             History
             of
             a
             
               real
               Election
            
             of
             our
             Kings
             in
             some
             Instances
             at
             least
             ,
             so
             far
             as
             to
             interrupt
             the
             strict
             Opinion
             of
             hereditary
             Succession
             .
             And
             here
             I
             have
             no
             need
             to
             assert
             the
             Election
             of
             the
             People
             ,
             or
             go
             off
             from
             the
             Doctor
             's
             own
             ground
             or
             concession
             ,
             either
             about
             the
             ancient
             Practice
             ,
             or
             the
             declared
             Judgment
             of
             the
             Kingdom
             .
          
           
             1.
             
             In
             the
             Saxons
             time
             ,
             the
             Doctor
             saith
             ,
             he
             hath
             discovered
             a
             sure
             Rule
             of
             Succession
             ;
             but
             this
             was
             double
             ,
             either
             Right
             of
             Blood
             ,
             or
             the
             Nomination
             of
             the
             preceding
             King
             ;
             't
             is
             confess'd
             then
             that
             Right
             of
             Blood
             was
             not
             the
             only
             Rule
             :
             hence
             he
             lays
             down
             his
             ordinary
             distinction
             of
             
               Jus
               Haereditarium
            
             and
             
               Jus
               Testamentarium
            
             ;
             yea
             he
             tells
             us
             ,
             that
             the
             Testamentary
             Heir
             ,
             that
             is
             ,
             one
             that
             comes
             to
             the
             Crown
             by
             the
             last
             King's
             Will
             ,
             tho
             not
             next
             in
             Blood
             ,
             is
             said
             to
             inherit
             .
          
           
             But
             to
             apply
             this
             distinction
             ,
             methinks
             it
             doth
             two
             great
             things
             ;
             it
             first
             ,
             plainly
             yields
             the
             Cause
             so
             far
             ,
             as
             to
             the
             necessary
             descent
             of
             the
             Crown
             in
             Proximity
             of
             Blood
             :
             Secondly
             ,
             It
             gives
             a
             shadow
             at
             least
             of
             Election
             ,
             if
             not
             in
             the
             People
             ,
             yet
             in
             the
             King
             ,
             if
             by
             his
             
               last
               Will
            
             he
             might
             pass
             by
             the
             next
             in
             Blood
             ,
             and
             name
             (
             that
             is
             ,
             properly
             to
             chuse
             )
             another
             to
             succeed
             him
             in
             the
             Throne
             .
             Besides
             ,
             if
             this
             was
             anciently
             done
             ,
             both
             frequently
             and
             lawfully
             ,
             where
             shall
             we
             found
             hereditary
             Government
             in
             the
             strict
             sense
             of
             it
             in
             the
             Constitution
             of
             the
             Kingdom
             ?
             or
             how
             shall
             we
             defend
             it
             from
             being
             in
             no
             wise
             elective
             ?
          
           
             Yea
             ,
             if
             the
             King
             himself
             upon
             some
             considerations
             might
             chuse
             his
             Successor
             ,
             and
             set
             aside
             the
             next
             in
             Blood
             ,
             without
             wronging
             him
             ,
             certainly
             upon
             great
             Considerations
             ,
             
             the
             like
             may
             be
             done
             by
             both
             the
             King
             and
             People
             .
             And
             we
             find
             that
             Testamentary
             Heirs
             of
             the
             Crown
             ,
             tho
             they
             were
             indeed
             named
             by
             the
             King
             ,
             are
             said
             to
             be
             chosen
             by
             the
             People
             ,
             and
             yet
             are
             also
             said
             to
             inherit
             ;
             and
             if
             we
             observe
             it
             narrowly
             ,
             we
             shall
             easily
             note
             ,
             that
             the
             words
             Hereditary
             and
             Elective
             ,
             with
             respect
             to
             the
             Government
             ,
             are
             some-times
             confounded
             in
             
               History
               ;
               Successione
               Haereditariâ
               eligere
            
             ,
             was
             no
             contradiction
             .
             The
             Testament
             of
             
               Ethelwoph
               ,
               Florence
            
             of
             Worcester
             calls
             it
             
               Epistola
               Haereditaria
            
             ;
             by
             which
             it
             is
             said
             ,
             he
             set
             aside
             his
             own
             two
             Sons
             ,
             as
             the
             Doctor
             notes
             ,
             p.
             363.
             where
             he
             tells
             us
             moreover
             ,
             what
             the
             Law
             of
             Succession
             ,
             as
             well
             as
             the
             Practice
             then
             ,
             was
             ;
             the
             
               Saxon
               Kings
            
             ,
             saith
             he
             ,
             
               might
               appoint
               a
               Brother's
               Son
            
             ,
             or
             a
             Bastard
             ,
             to
             succeed
             them
             ,
             before
             their
             own
             
               lawful
               Issue
            
             .
          
           
             But
             to
             come
             a
             little
             closer
             :
             I
             may
             demand
             where
             ,
             when
             ,
             or
             how
             this
             Maxim
             [
             that
             the
             Crown
             of
             England
             is
             necessarily
             annex'd
             to
             Proximity
             of
             Blood
             in
             the
             Royal
             Family
             ]
             came
             to
             be
             of
             the
             Foundation
             or
             Constitution
             of
             our
             Government
             ?
             That
             it
             was
             never
             made
             so
             by
             Custom
             ,
             or
             any
             other
             Law
             ,
             or
             by
             any
             other
             means
             ,
             the
             learned
             Doctor
             yields
             us
             ,
             by
             his
             Refuge
             in
             a
             Testamentary
             Heir
             .
          
           
             I
             am
             assured
             under
             the
             hand
             of
             a
             very
             learned
             Lawyer
             ,
             who
             is
             a
             great
             Friend
             of
             the
             
               Hereditary
               Monarchy
            
             ,
             that
             this
             Maxim
             (
             in
             contradiction
             to
             the
             former
             )
             [
             the
             Crown
             was
             alienable
             and
             devisable
             ]
             was
             retained
             ,
             and
             never
             contradicted
             until
             the
             Resignation
             of
             K.
             John
             :
             and
             since
             that
             time
             how
             hath
             it
             been
             contradicted
             or
             denied
             either
             in
             practice
             ,
             or
             the
             declared
             Judgment
             of
             the
             Kingdom
             ?
             It
             is
             evident
             enough
             what
             the
             sense
             of
             the
             King
             and
             Parliament
             was
             in
             
               Henry
               8th's
            
             time
             ,
             and
             since
             in
             Queen
             
             Elizabeth's
             ,
             and
             since
             that
             in
             our
             late
             Parliaments
             .
          
           
             And
             nothing
             to
             the
             contrary
             can
             I
             think
             be
             fairly
             inferr'd
             ,
             either
             from
             that
             Act
             of
             7
             Hen.
             4.
             that
             limited
             the
             
             Succession
             of
             the
             Crown
             to
             his
             Sons
             in
             order
             ,
             and
             their
             Issue
             ;
             or
             that
             of
             Hen.
             7.
             that
             limited
             to
             the
             Heirs
             male
             of
             his
             Body
             ,
             and
             no
             farther
             :
             Or
             the
             Recognition
             of
             K.
             James
             the
             first
             :
             for
             by
             that
             of
             Hen.
             7.
             it
             is
             plain
             the
             Parliament
             thought
             they
             had
             power
             to
             limit
             the
             Succession
             ,
             otherwise
             they
             would
             not
             have
             meddled
             with
             it
             ;
             besides
             they
             limited
             it
             indeed
             ,
             by
             extending
             it
             only
             to
             the
             Issue
             male
             of
             his
             own
             Body
             .
             And
             as
             for
             the
             Recognition
             made
             to
             K.
             James
             ,
             it
             seems
             to
             be
             the
             clearest
             and
             fullest
             acknowledgment
             of
             an
             hereditary
             Succession
             ,
             yet
             we
             may
             observe
             how
             it
             is
             expressed
             ;
             't
             is
             indeed
             declared
             ,
             that
             the
             
               Imperial
               Crown
            
             did
             belong
             to
             him
             and
             his
             
               Royal
               Progeny
            
             and
             Posterity
             for
             ever
             ;
             but
             't
             is
             not
             said
             of
             necessity
             ,
             notwithstanding
             any
             Reason
             to
             the
             contrary
             ,
             it
             shall
             actually
             descend
             to
             the
             next
             in
             Blood
             ,
             in
             order
             for
             ever
             .
             Besides
             ,
             they
             say
             in
             the
             same
             Act
             ,
             that
             this
             their
             Recognition
             could
             not
             be
             perfect
             ,
             or
             remain
             to
             Posterity
             without
             the
             
               King's
               Consent
            
             ,
             that
             is
             ,
             to
             make
             it
             an
             Act
             of
             Parliament
             .
             And
             doth
             not
             that
             imply
             ,
             that
             
               hereditary
               Succession
            
             of
             the
             Crown
             was
             not
             accounted
             to
             be
             fundamental
             to
             our
             Government
             before
             ?
             For
             then
             it
             would
             have
             been
             perfect
             in
             it self
             ,
             without
             the
             King's
             Consent
             .
             Besides
             ,
             it
             seems
             evidently
             to
             follow
             ,
             that
             the
             Kingdom
             at
             that
             time
             ,
             judg'd
             that
             the
             Succession
             of
             the
             Crown
             was
             limitable
             by
             Act
             of
             Parliament
             .
          
           
             Yet
             lest
             after
             all
             this
             I
             should
             be
             mistaken
             ,
             I
             make
             this
             observable
             from
             our
             own
             Histories
             ,
             that
             tho
             sometimes
             the
             next
             in
             Blood
             hath
             been
             set
             aside
             ,
             and
             for
             ought
             I
             find
             to
             the
             contrary
             ,
             upon
             Reasons
             of
             State
             may
             be
             so
             again
             ,
             yet
             it
             seems
             the
             
               Royal
               Family
            
             have
             
               Jus
               ad
               Rem
            
             ,
             and
             have
             Right
             thereunto
             before
             any
             other
             ,
             if
             any
             Member
             of
             the
             Royal
             Family
             are
             capable
             of
             Government
             :
             so
             I
             think
             we
             find
             it
             generally
             carried
             ;
             that
             is
             ,
             when
             the
             next
             in
             Blood
             hath
             been
             omitted
             ,
             generally
             ,
             some
             one
             
             either
             really
             or
             in
             pretence
             of
             the
             Royal
             Family
             ,
             hath
             been
             advanced
             to
             the
             Throne
             .
          
           
             This
             general
             Right
             to
             the
             Crown
             by
             Blood
             ,
             hath
             been
             sometimes
             pleaded
             by
             our
             Kings
             ,
             and
             allowed
             by
             the
             People
             and
             Parliaments
             ,
             but
             never
             denied
             :
             and
             tho
             we
             cannot
             say
             ,
             the
             next
             in
             Blood
             hath
             an
             uncontroulable
             and
             immediate
             Right
             beyond
             all
             exception
             ,
             to
             enjoy
             the
             Crown
             ;
             tho
             we
             cannot
             find
             this
             Right
             in
             the
             constant
             usage
             as
             
               Common
               Law
            
             ,
             and
             a
             Fundamental
             of
             our
             Government
             ,
             yet
             we
             may
             grant
             that
             in
             all
             Turns
             and
             Temptations
             to
             the
             contrary
             ,
             the
             Right
             of
             the
             Royal
             Family
             seems
             to
             have
             countenance
             ,
             if
             not
             plain
             and
             general
             Acknowledgment
             ,
             and
             to
             pass
             unquestionable
             with
             the
             silent
             Testimony
             of
             many
             Ages
             .
          
           
             I
             am
             sorry
             to
             observe
             with
             Daniel
             ,
             that
             (
             before
             this
             
             last
             Age
             )
             seldom
             or
             never
             the
             
               third
               Heir
            
             in
             a
             right
             Descent
             ,
             enjoyed
             the
             Crown
             of
             England
             .
          
           
             It
             cannot
             be
             denied
             ,
             but
             that
             our
             Parliaments
             have
             frequently
             concern'd
             themselves
             about
             the
             Succession
             ;
             and
             that
             our
             Kings
             ,
             both
             such
             as
             came
             to
             the
             Crown
             by
             proximity
             of
             Blood
             ,
             as
             well
             as
             those
             that
             came
             to
             it
             otherwise
             ,
             have
             often
             applied
             themselves
             to
             the
             Parliament
             ,
             not
             only
             for
             their
             own
             Security
             ,
             but
             to
             limit
             and
             qualify
             the
             Succession
             after
             them
             .
          
           
             Yea
             further
             I
             think
             it
             must
             be
             granted
             (
             as
             one
             saith
             smartly
             enough
             )
             
               That
               't
               is
               a
               most
               dangerous
               thing
               to
               have
               an
               Opinion
               prevail
               ,
               that
               the
               King
               in
               concurrence
               with
               his
               Parliament
               ,
               should
               not
               have
               power
               to
               change
               the
               direct
               Order
               of
               Succession
               ,
               though
               the
               Preservation
               of
               him
               and
               his
               People
               did
               depend
               upon
               it
               .
            
          
           
             Yet
             after
             all
             this
             ,
             if
             
               Common
               Vsage
               be
               Common
               Law
            
             ,
             and
             
             continued
             Practice
             be
             our
             Rule
             of
             determining
             this
             great
             Point
             ,
             I
             think
             the
             Royal
             Family
             have
             a
             radical
             Right
             in
             the
             Government
             of
             England
             ;
             and
             bids
             fair
             for
             an
             Interest
             
             in
             the
             Constitution
             of
             the
             Kingdom
             ;
             for
             it
             seems
             to
             have
             governed
             the
             Disposition
             of
             the
             Crown
             all
             along
             ,
             both
             before
             ,
             as
             well
             as
             since
             William
             the
             first
             ;
             and
             that
             ,
             generally
             ,
             with
             our
             several
             Kings
             and
             Parliaments
             ,
             ever
             since
             we
             had
             any
             .
          
           
             I
             shall
             leave
             this
             easy
             Observation
             ,
             only
             take
             notice
             of
             two
             Concessions
             ,
             which
             I
             apprehend
             considerable
             :
             The
             first
             is
             that
             of
             Dr.
             Br.
             he
             saith
             ,
             the
             Saxon
             Kings
             might
             appoint
             a
             
               Brother's
               Son
            
             or
             a
             Bastard
             (
             he
             doth
             not
             say
             ,
             any
             other
             Person
             ,
             or
             any
             one
             out
             of
             the
             Royal
             Family
             )
             before
             their
             own
             
               lawful
               Issue
            
             ,
             to
             succeed
             them
             in
             the
             Throne
             ,
             
               p.
               363.
               
               Succession
               of
               the
               Crown
               .
            
          
           
             The
             other
             is
             of
             
               Hubert
               A.
               C.
            
             at
             the
             Coronation
             of
             K.
             John
             ,
             he
             declares
             indeed
             that
             the
             King
             ought
             to
             be
             elected
             by
             the
             Pople
             (
             perhaps
             a
             new
             Doctrine
             to
             many
             that
             heard
             it
             )
             yet
             he
             qualifies
             that
             Election
             ,
             and
             tells
             them
             ,
             that
             if
             any
             one
             of
             the
             Race
             of
             the
             late
             King
             was
             more
             deserving
             than
             others
             ,
             the
             People
             ought
             (
             
               pronius
               &
               promptius
            
             )
             more
             readily
             consent
             to
             his
             Election
             .
          
           
             Now
             if
             the
             Descent
             of
             the
             Crown
             ought
             to
             be
             kept
             within
             the
             bounds
             of
             the
             
               Royal
               Family
            
             ,
             Is
             not
             this
             sufficient
             to
             constitute
             an
             hereditary
             Monarchy
             ,
             in
             a
             true
             sense
             ,
             tho
             with
             the
             former
             latitude
             ?
             Was
             it
             ever
             thought
             essential
             to
             an
             Inheritance
             ,
             to
             pass
             uncontroulably
             without
             any
             exception
             to
             the
             first
             in
             Blood
             ?
             Is
             it
             not
             enough
             for
             the
             nature
             of
             an
             Inheritance
             to
             be
             granted
             to
             
               me
               and
               my
               Heirs
            
             ?
             And
             may
             not
             Custom
             dispose
             it
             to
             the
             younger
             as
             well
             as
             the
             elder
             ?
             Hath
             not
             the
             Parent
             liberty
             to
             give
             it
             to
             whom
             he
             will
             ?
             Yea
             ,
             is
             it
             consistent
             with
             a
             Fee-simple
             to
             be
             unalienable
             ?
             or
             with
             
               Salus
               Populi
            
             ,
             in
             all
             possible
             Cases
             ,
             for
             the
             Crown
             to
             be
             so
             ?
             especially
             in
             our
             own
             Kingdom
             ,
             where
             frequent
             Practice
             seems
             to
             have
             established
             as
             the
             
               Common
               Law
            
             of
             the
             Crown
             in
             all
             Ages
             ,
             that
             upon
             urgent
             Reasons
             for
             the
             safety
             of
             the
             Kingdom
             ,
             the
             
             Inheritance
             is
             alieuable
             from
             the
             next
             in
             Blood.
             Nay
             ,
             I
             must
             presume
             ,
             that
             tho
             upon
             some
             extraordinary
             Revolution
             ,
             and
             some
             absolutely
             necessary
             Reason
             of
             State
             for
             our
             common
             Preservation
             ,
             a
             Stranger
             should
             be
             advanced
             to
             the
             Throne
             ,
             for
             one
             or
             more
             turns
             ,
             while
             that
             necessity
             continues
             ;
             I
             presume
             ,
             I
             say
             ,
             if
             when
             the
             Reason
             of
             that
             Violence
             is
             removed
             ,
             if
             care
             be
             taken
             to
             have
             the
             Crown
             restored
             to
             the
             Royal
             Family
             ,
             or
             any
             of
             its
             Branches
             ,
             capable
             of
             it
             ,
             the
             Hereditarines
             is
             not
             thereby
             extinct
             ,
             or
             the
             Constitution
             of
             the
             Government
             altered
             ,
             things
             may
             then
             run
             again
             in
             the
             
               old
               Channel
            
             ,
             and
             settle
             upon
             their
             old
             Bottom
             .
          
           
             And
             since
             we
             are
             gone
             so
             far
             ,
             may
             I
             not
             without
             Offence
             advance
             one
             step
             farther
             ?
          
           
             Is
             there
             no
             Priviledg
             by
             Primogeniture
             ?
             Doth
             not
             
             Nature
             and
             the
             general
             course
             of
             Inheritances
             ,
             where
             there
             is
             no
             special
             Reservation
             or
             Exception
             ,
             point
             out
             the
             
               next
               Heir
            
             for
             the
             Possession
             ?
             Yea
             ,
             is
             there
             not
             very
             much
             to
             be
             found
             in
             our
             Chronicles
             ,
             and
             Laws
             ,
             and
             actual
             Succession
             of
             the
             Crown
             ,
             in
             favour
             of
             the
             
               next
               Heir
            
             by
             proximity
             of
             Blood
             ?
             Can
             we
             find
             by
             our
             most
             diligent
             search
             of
             our
             publick
             Records
             ,
             that
             ever
             the
             next
             in
             Blood
             was
             set
             aside
             ,
             without
             some
             Reason
             or
             pretence
             of
             Reason
             ?
             which
             very
             thing
             seems
             to
             allow
             his
             Right
             ,
             whilst
             it
             alledges
             something
             against
             his
             Possession
             .
             Whence
             we
             may
             conclude
             ,
             that
             tho
             for
             sufficient
             reasons
             the
             next
             in
             Blood
             may
             be
             set
             aside
             ,
             yet
             without
             such
             reasons
             it
             seems
             neither
             just
             nor
             fit
             that
             he
             should
             .
          
           
             The
             Royal
             Family
             have
             a
             Right
             in
             
               Actu
               primo
            
             ;
             the
             next
             Heir
             seems
             to
             have
             it
             in
             
               Actu
               secundo
            
             ;
             namely
             ,
             a
             
               Jus
               in
               re
            
             ,
             and
             as
             much
             a
             Right
             as
             can
             be
             conceived
             ,
             short
             of
             Possession
             ,
             if
             nothing
             can
             be
             justly
             objected
             against
             it
             from
             his
             Vnfitness
             for
             the
             Government
             .
             Immediately
             upon
             the
             Decease
             of
             the
             Queen
             (
             saith
             the
             Parliament
             
             in
             their
             Recognition
             of
             King
             James
             the
             first
             )
             the
             
               Imperial
               Crown
               did
               by
               inherent
               Birth-right
               ,
            
             descend
             to
             you
             
               the
               next
               Heir
            
             of
             the
             Blood
             Royal.
             
          
           
             Thus
             the
             
               Royal
               Birth-right
            
             hath
             the
             Acknowledgment
             of
             the
             whole
             Kingdom
             ,
             or
             the
             
               whole
               Body
               of
               the
               Realm
               ,
               and
               every
               particular
               Member
               thereof
               ,
            
             as
             the
             Words
             of
             the
             Statute
             are
             ;
             and
             this
             Birthright
             hath
             been
             often
             claimed
             ,
             and
             often
             frustrated
             ,
             but
             I
             think
             never
             denied
             ,
             or
             so
             much
             as
             questioned
             .
          
           
             
               Prop.
               2.
            
             
             There
             was
             nothing
             done
             in
             Prejudice
             of
             our
             Hereditary
             Monarchy
             ,
             by
             our
             late
             Settlement
             .
          
           
             This
             is
             the
             other
             Proposition
             I
             undertook
             to
             make
             good
             in
             defence
             of
             our
             present
             Government
             ;
             and
             reflecting
             upon
             what
             we
             have
             lately
             discours'd
             ,
             we
             are
             necessitated
             to
             take
             notice
             of
             ,
             and
             to
             set
             our selves
             to
             answer
             a
             very
             considerable
             Objection
             thence
             arising
             ,
             as
             some
             strongly
             fansy
             .
          
           
             Obj.
             Hence
             we
             are
             faln
             upon
             the
             great
             Objection
             ;
             'T
             is
             thus
             ,
             If
             the
             Right
             of
             the
             Crown
             be
             inherent
             in
             the
             next
             in
             Blood
             by
             Birth-right
             ,
             why
             upon
             the
             Demise
             of
             the
             late
             King
             ,
             did
             not
             the
             Government
             devolve
             on
             his
             Daughter
             the
             
               Princess
               of
               Orange
            
             ?
             By
             preferring
             the
             
               Prince
               of
               Orange
            
             before
             the
             Princess
             ,
             whose
             right
             it
             was
             ,
             seems
             not
             agreeable
             to
             an
             
               Hereditary
               Monarchy
            
             ,
             and
             so
             makes
             the
             Government
             Elective
             .
          
           
             Answ
             .
             I
             hope
             there
             are
             already
             sufficient
             Grounds
             laid
             for
             an
             Answer
             hereunto
             :
             All
             that
             I
             have
             to
             do
             is
             to
             apply
             them
             in
             a
             few
             plain
             Propositions
             .
          
           
             1.
             
             We
             have
             found
             reason
             to
             distinguish
             thus
             ;
             The
             Crown
             may
             be
             thought
             alienable
             ,
             either
             absolutely
             ,
             or
             in
             a
             qualified
             sense
             ;
             that
             is
             ,
             such
             a
             sense
             as
             is
             consistent
             with
             its
             being
             Hereditary
             .
          
           
           
             2.
             
             One
             may
             think
             that
             the
             Crown
             is
             not
             absolutely
             at
             the
             Peoples
             Disposal
             ;
             in
             our
             (
             or
             in
             any
             )
             Case
             ,
             or
             alienable
             upon
             any
             Occasion
             ,
             or
             to
             any
             Person
             ;
             and
             yet
             may
             conceive
             that
             upon
             plain
             necessity
             ,
             created
             by
             
               Salus
               Populi
            
             the
             Supream
             Law
             ,
             and
             the
             very
             end
             of
             Government
             ,
             the
             Crown
             may
             be
             alienated
             from
             the
             
               next
               in
               Blood
            
             ,
             to
             the
             second
             ;
             and
             upon
             the
             like
             reason
             to
             the
             third
             .
          
           
             3.
             
             'T
             is
             further
             evident
             to
             me
             ,
             That
             a
             Man
             of
             that
             Perswasion
             may
             yet
             judg
             that
             the
             
               next
               in
               Blood
            
             that
             is
             capable
             of
             the
             Government
             ,
             may
             of
             Right
             ,
             and
             by
             the
             Law
             of
             Inheritance
             claim
             the
             Crown
             ,
             which
             without
             Injustice
             cannot
             be
             denied
             him
             .
          
           
             4.
             
             It
             hence
             followeth
             ,
             That
             the
             Supream
             Power
             upon
             the
             Demise
             of
             the
             late
             King
             ,
             did
             not
             devolve
             upon
             the
             People
             ,
             nor
             imediately
             upon
             the
             Prince
             of
             Orange
             ,
             but
             upon
             his
             Princess
             .
             Upon
             these
             grounds
             indeed
             it
             must
             be
             granted
             that
             the
             Princess
             should
             have
             been
             Queen
             as
             Queen
             Mary
             was
             ,
             that
             is
             ,
             in
             the
             place
             of
             the
             King
             ;
             and
             next
             to
             her
             ,
             the
             Princess
             of
             Denmark
             ,
             unless
             some
             very
             great
             Reason
             of
             State
             will
             justifie
             the
             preferring
             the
             Prince
             ,
             who
             is
             not
             next
             in
             Blood
             ,
             before
             them
             both
             .
          
           
             5.
             
             Doubtless
             those
             whom
             we
             intrusted
             to
             manage
             and
             methodize
             our
             Settlement
             ,
             saw
             ,
             as
             they
             judged
             ,
             unanswerable
             Reasons
             to
             advance
             the
             third
             in
             order
             ,
             before
             the
             first
             and
             second
             ,
             and
             methinks
             that
             should
             satisfie
             us
             .
          
           
             6.
             
             But
             moreover
             we
             are
             morally
             assured
             that
             both
             those
             noble
             Princesses
             were
             themselves
             satisfied
             of
             the
             Reason
             of
             it
             ;
             yea
             ,
             that
             both
             of
             them
             consented
             ,
             yea
             desired
             the
             Crown
             might
             be
             settled
             in
             the
             order
             as
             it
             is
             .
          
           
             7.
             
             And
             may
             it
             not
             be
             very
             reasonably
             granted
             ,
             that
             some
             great
             Considerations
             (
             though
             we
             know
             not
             what
             they
             were
             )
             might
             move
             them
             
               cedere
               de
               jure
               suo
            
             ,
             to
             wave
             
             their
             own
             Right
             ,
             and
             these
             such
             as
             might
             warrant
             and
             justify
             their
             so
             doing
             ?
          
           
             8.
             
             Yea
             ,
             if
             there
             be
             such
             a
             thing
             as
             Abdication
             of
             Government
             ,
             did
             not
             both
             those
             noble
             Princesses
             expresly
             ,
             and
             not
             only
             by
             Implication
             ,
             so
             far
             abdicate
             the
             Government
             ,
             if
             they
             actually
             and
             voluntarily
             so
             far
             refus'd
             it
             ?
          
           
             Obj.
             But
             had
             not
             the
             Prince
             of
             Denmark
             some
             kind
             of
             Right
             in
             and
             by
             his
             Lady
             ?
          
           
             Sol.
             It
             seems
             to
             me
             he
             had
             ;
             but
             it
             is
             very
             evident
             that
             he
             consented
             and
             waved
             what
             Right
             he
             might
             have
             ,
             as
             both
             the
             Princesses
             did
             theirs
             .
          
           
             Obj.
             But
             the
             People
             of
             England
             seem
             to
             have
             a
             right
             to
             be
             governed
             by
             the
             
               next
               in
               Blood
            
             of
             the
             Royal
             Family
             .
          
           
             Answ
             .
             This
             too
             may
             be
             granted
             :
             but
             the
             People
             of
             England
             in
             this
             sense
             ,
             are
             the
             Lords
             ,
             and
             the
             Representative
             Body
             of
             the
             Commons
             ;
             and
             have
             not
             these
             both
             consented
             to
             ,
             and
             transacted
             the
             present
             Establishment
             for
             themselves
             and
             us
             ?
          
           
             To
             conclude
             this
             ,
             Upon
             the
             late
             Demise
             ,
             nothing
             could
             bar
             the
             Prince
             of
             Orange
             from
             a
             just
             and
             immediate
             Title
             to
             the
             Crown
             of
             England
             ,
             but
             the
             Right
             of
             his
             Princess
             ,
             the
             Right
             of
             the
             Princess
             ,
             and
             in
             and
             by
             her
             of
             the
             Prince
             of
             Denmark
             ,
             and
             the
             Right
             of
             the
             Nation
             in
             these
             ;
             but
             all
             these
             Bars
             are
             fairly
             removed
             by
             the
             Consent
             and
             Desire
             of
             all
             Parties
             concern'd
             ,
             and
             none
             have
             left
             them
             any
             cause
             to
             complain
             in
             that
             respect
             .
          
           
             Now
             I
             hope
             here
             is
             nothing
             done
             destructive
             of
             the
             
               Hereditary
               Monarchy
            
             ,
             nothing
             that
             can
             infer
             the
             Government
             to
             be
             Elective
             purely
             in
             the
             whole
             Transaction
             ;
             much
             less
             so
             great
             an
             Alteration
             in
             the
             nature
             of
             our
             Government
             for
             the
             future
             .
             What
             Principles
             some
             went
             upon
             in
             our
             late
             Change
             ,
             we
             need
             not
             guess
             ,
             so
             long
             as
             we
             find
             nothing
             evident
             ,
             either
             verbal
             by
             Declaration
             of
             our
             Governours
             ,
             or
             by
             any
             thing
             in
             the
             Change
             it self
             ,
             
             but
             what
             is
             fairly
             reconcileable
             to
             our
             ancient
             Constitution
             ;
             we
             may
             ,
             without
             troubling
             our selves
             with
             other
             Mens
             Principles
             ,
             cheerfully
             submit
             to
             the
             present
             Government
             ,
             if
             we
             have
             no
             more
             to
             object
             ,
             but
             that
             the
             Nature
             of
             the
             Government
             is
             altered
             by
             the
             Revolution
             .
             An
             evil
             Surmise
             without
             ground
             ,
             ought
             to
             be
             laid
             aside
             .
          
        
         
           
             
               CHAP
               IV.
            
             Of
             Vacancy
             ,
             and
             the
             supposed
             Interregnum
             thereupon
             ,
             by
             the
             late
             King's
             Abdication
             .
          
           
             WE
             are
             thus
             led
             to
             the
             second
             great
             Exception
             ,
             which
             is
             this
             ,
             It
             is
             delared
             by
             the
             
               Lords
               and
               Commons
            
             in
             the
             Convention
             ,
             that
             the
             
               late
               K.
               James
               the
               Second
               having
               abdicated
               the
               Government
               ,
            
             the
             Throne
             thereby
             was
             vacant
             ;
             consequently
             an
             Interregnum
             was
             admitted
             or
             supposed
             ,
             contrary
             to
             the
             ancient
             and
             known
             Maxim
             ,
             That
             in
             
               the
               Government
               of
               this
               Kingdom
               there
               is
               no
               Interregnum
               .
            
          
           
             For
             Answer
             hereunto
             ,
             I
             hold
             my self
             obliged
             to
             do
             two
             things
             :
             first
             ,
             to
             consider
             how
             and
             in
             what
             sense
             the
             late
             King
             abdicated
             the
             Government
             ;
             this
             may
             justify
             the
             filling
             the
             Throne
             with
             the
             the
             present
             King
             and
             Queen
             .
             2dly
             .
             To
             shew
             that
             there
             hath
             been
             nothing
             said
             or
             done
             by
             the
             Convention
             ,
             as
             such
             ,
             that
             hath
             declared
             a
             Vacancy
             in
             the
             Throne
             in
             that
             full
             and
             absolute
             sense
             ,
             as
             might
             infer
             an
             Interregnum
             in
             the
             true
             meaning
             of
             the
             Word
             .
             And
             thus
             the
             
               present
               Government
            
             will
             be
             vindicated
             and
             reconciled
             with
             the
             ancient
             ,
             and
             this
             great
             Exception
             I
             hope
             fully
             satisfied
             :
             and
             this
             methinks
             I
             am
             strictly
             tied
             to
             ,
             by
             my
             last
             Discourse
             of
             
               Hereditary
               Monarchy
            
             ,
             as
             will
             presently
             appear
             more
             plainly
             .
          
        
         
           
           
             
               CHAP.
               V.
            
             Of
             ABDICATION
             .
          
           
             FOR
             the
             first
             ,
             That
             the
             late
             King
             did
             really
             abdicate
             the
             Government
             ,
             hath
             been
             so
             fully
             spoken
             to
             by
             others
             ,
             that
             I
             need
             not
             much
             labour
             in
             the
             Proof
             of
             it
             .
             My
             chief
             Intention
             is
             to
             reconcile
             the
             Word
             to
             the
             Notion
             of
             my
             Brethren
             that
             are
             so
             much
             offended
             with
             it
             .
          
           
             1.
             
             I
             desire
             them
             to
             consider
             ,
             it
             is
             a
             Law-term
             ,
             and
             but
             seldom
             used
             amongst
             us
             ;
             why
             should
             we
             not
             take
             the
             Signification
             of
             it
             from
             the
             Learned
             in
             that
             Faculty
             ?
          
           
             2.
             
             But
             't
             is
             of
             greater
             Weight
             ,
             that
             the
             
               Lords
               and
               Commons
            
             differing
             about
             this
             Word
             at
             their
             Conferences
             ,
             such
             a
             sense
             was
             beaten
             out
             ,
             after
             much
             Debate
             and
             Argument
             ,
             upon
             the
             very
             same
             grounds
             upon
             which
             many
             seem
             now
             offended
             with
             it
             ,
             that
             the
             Wisdom
             of
             the
             Nation
             in
             
               both
               Houses
            
             acquiesced
             in
             this
             word
             ,
             as
             the
             fittest
             for
             the
             purpose
             .
             By
             our
             Election
             we
             intrust
             them
             with
             all
             we
             have
             ,
             and
             cannot
             we
             trust
             them
             with
             a
             Word
             ?
          
           
             3.
             
             That
             which
             seem'd
             to
             reconcile
             the
             
               two
               Houses
            
             in
             the
             word
             Abdicate
             ,
             was
             not
             the
             critical
             notions
             of
             the
             Civilians
             ,
             but
             the
             Explication
             of
             what
             was
             then
             to
             be
             meant
             by
             it
             ,
             which
             I
             am
             told
             was
             happily
             effected
             by
             one
             (
             who
             is
             a
             Wonder
             in
             the
             learing
             of
             the
             Law
             )
             in
             these
             or
             the
             like
             Words
             ,
             in
             which
             before
             they
             were
             agreed
             .
          
           
             
               That
               King
               James
               the
               2d
               .
               by
               going
               about
               to
               subvert
               the
               Constitution
               ,
               by
               breaking
               the
               Original
               Coutract
               between
               King
               and
               People
               ,
               and
               by
               violating
               the
               Fundamental
               Laws
               ,
               and
               withdrawing
               himself
               out
               of
               the
               Kingdom
               ,
               has
               thereby
               renounced
               to
               be
               a
               King
               ,
               according
               to
               the
               Constitution
               ,
               by
               avowing
               to
               govern
               by
               a
               Despotick
               Power
               unknown
               to
               the
               Constitution
               at
               his
               Coronation
               ;
               such
               a
               King
               to
               whom
               the
               Allegiance
               of
               an
               English
               Subject
               is
               due
               :
               and
               has
               set
               up
               another
               kind
               of
               Domination
               ,
               which
               is
               to
               all
               intents
               an
               Abdication
               ,
               or
               abandoning
               his
               Legal
               Title
               as
               fully
               ,
               as
               if
               he
               had
               done
               it
               by
               express
               Words
               .
            
          
           
             Now
             if
             these
             things
             were
             true
             ,
             as
             no
             body
             I
             think
             can
             deny
             ,
             and
             amount
             to
             an
             Abdication
             in
             the
             just
             ,
             and
             publickly
             owned
             
             and
             explained
             sense
             of
             the
             Word
             ,
             how
             is
             it
             possible
             we
             should
             any
             longer
             scruple
             about
             it
             .
          
           
             Obj.
             The
             Meaning
             of
             it
             then
             is
             ,
             that
             King
             James
             thus
             ceas'd
             to
             be
             King
             ;
             but
             this
             is
             doubted
             .
          
           
             Sol.
             But
             the
             Body
             of
             the
             Kingdom
             say
             he
             did
             ;
             and
             you
             will
             not
             say
             but
             't
             is
             possible
             :
             for
             a
             King
             may
             cease
             to
             be
             so
             ,
             by
             a
             
               voluntary
               Resignation
            
             in
             Word
             or
             Writing
             ,
             which
             is
             formal
             Abdication
             ;
             or
             ,
             as
             Grotius
             seems
             to
             expound
             the
             Word
             ,
             by
             
               manifeste
               habere
               pro
               derelicto
            
             .
          
           
             2.
             
             Now
             if
             the
             late
             King
             did
             as
             much
             by
             his
             Actions
             as
             an
             express
             Abdication
             amounts
             to
             ,
             did
             he
             not
             virtually
             and
             as
             really
             relinquish
             or
             abdicate
             the
             Government
             ,
             as
             if
             he
             had
             in
             so
             many
             Words
             renounced
             it
             ?
          
           
             3.
             
             And
             that
             he
             did
             so
             ,
             is
             too
             evident
             by
             what
             is
             before
             alledg'd
             against
             him
             ,
             especially
             if
             we
             add
             his
             putting
             down
             the
             
               ancient
               Defence
            
             of
             the
             Kingdom
             ,
             the
             Militia
             ;
             and
             beginning
             to
             rule
             and
             defend
             his
             Arbitrary
             Government
             by
             an
             
               illegal
               standing
            
             Army
             ;
             if
             when
             he
             voluntarily
             departed
             from
             us
             ,
             he
             dismissed
             his
             Judges
             ,
             threw
             away
             the
             Broad-Seal
             ,
             and
             disbanded
             and
             let
             loose
             upon
             us
             his
             illegal
             Forces
             ,
             and
             left
             us
             in
             a
             perfect
             Anarchy
             ;
             as
             was
             then
             apprehended
             ,
             even
             by
             such
             as
             now
             are
             offended
             with
             the
             Word
             Abdication
             .
          
           
             The
             Caution
             of
             the
             Convention
             ,
             to
             avoid
             all
             colour
             of
             Offence
             ,
             seems
             admirable
             .
             If
             they
             had
             said
             the
             late
             King
             had
             forfeited
             the
             Crown
             ,
             that
             would
             certainly
             have
             more
             offended
             you
             ;
             and
             if
             they
             had
             deposed
             him
             ,
             much
             more
             :
             these
             are
             both
             avoided
             ,
             and
             't
             is
             only
             said
             he
             abdicated
             the
             Government
             ;
             they
             do
             not
             only
             say
             it
             was
             his
             own
             Fault
             ,
             but
             his
             own
             Act.
             
          
           
             Obj.
             But
             thus
             we
             make
             him
             
               Felo
               de
               se
            
             .
          
           
             Sol.
             This
             seems
             to
             be
             no
             hard
             saying
             .
             'T
             is
             plain
             ,
             though
             the
             King
             in
             his
             personal
             or
             natural
             Capacity
             cannot
             ,
             as
             you
             think
             ,
             forfeit
             his
             Life
             ,
             yet
             he
             may
             die
             or
             kill
             himself
             :
             So
             in
             his
             politick
             Capacity
             ,
             if
             we
             grant
             that
             the
             King
             cannot
             forfeit
             his
             Government
             by
             male
             Administration
             ,
             yet
             't
             is
             possible
             he
             may
             extinguish
             and
             destroy
             it
             ,
             and
             that
             by
             a
             real
             as
             well
             as
             by
             a
             formal
             Abdication
             ,
             as
             before
             explain'd
             .
             Government
             
               according
               ▪
               to
               Law
            
             ,
             is
             essential
             to
             our
             Government
             ,
             otherwise
             our
             Lawyers
             are
             much
             out
             ,
             that
             generally
             tell
             us
             our
             Government
             is
             a
             
               Legal
               ,
               Regal
            
             ,
             or
             as
             Fortescue
             ,
             a
             Political
             Government
             ,
             in
             opposition
             to
             Despotical
             ,
             Absolute
             ,
             Arbitrary
             or
             Tyrannical
             Government
             .
             
             Now
             though
             a
             King
             do
             not
             intend
             absolutely
             to
             abandon
             all
             kind
             of
             Government
             ,
             yet
             when
             he
             leaves
             the
             proper
             Government
             ,
             and
             assumes
             another
             kind
             of
             Government
             abhor'd
             by
             our
             Constitution
             ,
             he
             plainly
             ceaseth
             to
             be
             our
             Governour
             in
             any
             sense
             ;
             he
             refuseth
             to
             govern
             politically
             ;
             he
             would
             bring
             in
             another
             Species
             of
             Government
             that
             is
             destructive
             of
             our
             Constitution
             ;
             and
             begins
             in
             many
             odious
             Instances
             ,
             the
             Execution
             of
             Tyranny
             ,
             contrary
             ,
             not
             only
             to
             the
             Laws
             that
             make
             and
             limit
             our
             Government
             ,
             but
             contrary
             to
             the
             ends
             of
             all
             Government
             ;
             and
             instead
             of
             protecting
             ,
             destroys
             his
             People
             ;
             what
             can
             be
             plainer
             than
             that
             this
             is
             to
             abdicate
             the
             Government
             as
             King
             of
             England
             ?
             A
             King
             may
             kill
             himself
             ,
             and
             not
             intend
             it
             .
          
           
             To
             this
             purpose
             we
             have
             several
             notable
             Collections
             made
             by
             others
             .
             I
             shall
             note
             a
             few
             of
             them
             .
          
           
             Among
             the
             Laws
             of
             K.
             Edward
             C.
             17.
             
               de
               Regis
               Officio
            
             ,
             the
             Liberties
             of
             the
             People
             being
             mention'd
             ,
             it
             is
             said
             ,
             that
             the
             King
             is
             constituted
             for
             the
             Preservation
             of
             them
             ,
             which
             if
             he
             do
             not
             ,
             
               nec
               nomen
               Regis
               in
               eo
               constabit
               ,
            
             he
             doth
             not
             retain
             the
             Name
             of
             a
             King.
             
          
           
             Bracton
             says
             
               l.
               2.
               c.
            
             24.
             
             
               Est
               enim
               Corona
               Regis
               facere
               Justitiam
               &
               Judicium
               ,
               pacem
               tenere
               ,
               sine
               quibus
               consistere
               potest
               nec
               tenere
            
             ;
             i.
             e.
             The
             Crown
             of
             the
             King
             is
             to
             do
             Justice
             and
             Judgment
             ,
             and
             to
             preserve
             Peace
             ,
             without
             which
             he
             cannot
             subsist
             .
          
           
             But
             above
             all
             ,
             the
             Words
             of
             K.
             James
             to
             his
             Parliament
             March
             21.
             1609.
             are
             remarkable
             .
             
               The
               King
               is
               bound
               by
               a
               
                 double
                 Oath
              
               to
               preserve
               the
               
                 Laws
                 ,
                 tacitly
              
               as
               being
               King
               ,
               and
               expresly
               by
               his
               Coronation-Oath
               :
               So
               as
               every
               just
               King
               is
               bound
               to
               observe
               the
               Paction
               made
               with
               his
               People
               by
               his
               Laws
               ,
               framing
               the
               Government
               thereunto
               ;
               and
               a
               King
               
                 leaves
                 to
                 be
                 King
              
               ,
               and
               degenerates
               into
               a
               Tyrant
               as
               soon
               as
               he
               leaves
               off
               to
               govern
               by
               Law
               ,
               in
               which
               case
               the
               King's
               Conscience
               may
               speak
               to
               him
               ,
               as
               the
               poor
               Woman
               to
               Philip
               of
               Macedon
               ,
               Either
               govern
               according
               to
               Law
               ,
            
             or
             cease
             to
             be
             King.
             
          
           
             Answerable
             hereunto
             is
             the
             Civilians
             Maxim
             ,
             
               Tyranni
               in
               Exarcitie
               decidunt
               Jure
               sue
               Haereditario
            
             ;
             i.
             e.
             Tyrants
             by
             their
             Tyranny
             lose
             their
             Hereditary
             Right
             of
             Government
             ;
             for
             the
             Ill
             of
             Monarchy
             is
             Tyranny
             ;
             K.
             
             Charles's
             Answ
             .
             to
             19.
             
             Prop.
             
          
           
             From
             what
             hath
             been
             said
             ,
             it
             seems
             plain
             ,
             that
             a
             King
             by
             relinquishing
             the
             Legal
             ,
             and
             usurping
             an
             Arbitrary
             or
             Tyrannical
             
             Government
             ,
             does
             as
             effectually
             abdicate
             the
             Government
             as
             King
             ,
             as
             a
             Merchant
             that
             turns
             Pirate
             ,
             abdicates
             his
             Trade
             ;
             or
             a
             Husbandman
             ,
             that
             leaves
             off
             his
             Husbandry
             ,
             and
             resolves
             to
             cast
             the
             fortune
             of
             his
             Life
             upon
             robbing
             on
             the
             High-way
             ,
             abdicates
             his
             Plough
             .
          
           
             Lastly
             ,
             't
             is
             so
             evident
             in
             those
             that
             give
             us
             the
             sense
             of
             the
             word
             ,
             that
             there
             is
             a
             real
             Abdication
             ,
             as
             we
             have
             considered
             it
             in
             distinction
             to
             a
             formal
             ,
             that
             no
             body
             that
             will
             take
             the
             pains
             to
             examine
             can
             doubt
             it
             :
             Not
             only
             
               Grotius
               ,
               de
               Jure
               Belli
               &
               Pac.
               lib.
               2.
               c.
               4.
               s
               .
               4.
               
               Non
               tantum
               verbis
               sed
               re
               potest
               :
            
             but
             Calvin
             in
             his
             
               Lexic
               .
               Jurisd
            
             .
             tells
             us
             ,
             
               Generum
               abdicat
               ,
               qui
               Sponsam
               repudiat
            
             ;
             he
             that
             divorces
             his
             Wife
             ,
             doth
             abdicate
             his
             Son.
             So
             
               Homo
               liber
               qui
               seipsum
               vendit
               ,
               abdicat
               se
               statu
               suo
               ,
            
             saith
             
               Brissonius
               de
               verb.
               sign
            
             .
             that
             is
             ,
             he
             which
             sells
             himself
             ,
             abdicates
             himself
             from
             his
             former
             state
             .
             And
             
               Budaeus
               Comment
               .
               de
               Origine
               Juris
               ,
               Abdicare
               se
               Magistratu
               est
               idem
               quod
               abire
               penitus
               Magistratu
               .
            
          
           
             1.
             
             For
             the
             Application
             of
             the
             Word
             so
             explained
             :
             And
             to
             all
             that
             had
             been
             said
             to
             prove
             the
             late
             
               King's
               Abdication
            
             compleat
             and
             undeniable
             ,
             it
             ought
             to
             be
             remembred
             ,
             that
             in
             the
             
             very
             times
             of
             Popery
             here
             ,
             a
             submitting
             to
             Papal
             Usurpations
             and
             Authority
             contrary
             to
             our
             Laws
             ,
             was
             deem'd
             a
             
               Disinherison
               of
               the
               Crown
            
             .
             What
             shall
             we
             say
             of
             the
             late
             King
             's
             voluntary
             ,
             studied
             and
             deliberate
             
               invading
               his
               own
               Authority
            
             ,
             and
             subjecting
             the
             whole
             Ecclesiastical
             State
             to
             a
             forreign
             Power
             ,
             to
             the
             utter
             Extirpation
             of
             our
             Reformed
             Constitution
             ,
             so
             firmly
             settled
             in
             the
             
               special
               Laws
            
             of
             the
             Land
             to
             that
             purpose
             ?
             Considering
             also
             how
             this
             in
             a
             little
             time
             must
             inevitably
             ruin
             the
             Civil
             State
             ,
             which
             is
             intimately
             inter
             woven
             with
             the
             Ecclesiastical
             in
             their
             just
             Liberties
             and
             true
             Religion
             ;
             their
             very
             Consciences
             and
             Lives
             not
             being
             safe
             from
             the
             Snares
             and
             Inquisitions
             ,
             and
             even
             Massacres
             of
             the
             most
             cruel
             ,
             tyrannical
             and
             barbarous
             Religion
             in
             the
             World.
             
          
           
             2.
             
             This
             ,
             in
             conjunction
             with
             the
             late
             King's
             Proceedings
             in
             civil
             Matters
             ,
             needs
             no
             Aggravation
             .
             The
             Crown
             of
             England
             is
             glorious
             in
             a
             threefold
             Excellency
             ,
             the
             
               Legislative
               ,
               Executive
            
             ,
             and
             Military
             Power
             .
             Now
             sor
             one
             of
             our
             own
             Kings
             to
             do
             that
             industriously
             ,
             and
             by
             many
             designed
             deliberate
             Acts
             ,
             which
             is
             rank
             Treason
             against
             the
             King
             and
             Kingdom
             ,
             which
             at
             least
             hath
             a
             tendency
             to
             destroy
             the
             King
             ,
             with
             respect
             to
             his
             Crown
             and
             Dignity
             ,
             what
             is
             this
             but
             to
             
               destroy
               himself
            
             ?
             For
             a
             King
             to
             
             divest
             himself
             of
             the
             Legislative
             Power
             by
             the
             use
             of
             all
             Artifices
             of
             Fraud
             and
             Force
             ,
             to
             destroy
             the
             fundamental
             Priviledges
             of
             Election
             ,
             and
             consequently
             the
             very
             Being
             of
             a
             
               legal
               Parliament
            
             ,
             his
             
               executive
               Power
            
             ,
             by
             refusing
             to
             govern
             by
             Law
             ,
             and
             setting
             up
             an
             
               arbitrary
               tyrannical
            
             Government
             .
             Lastly
             ,
             his
             legal
             standing
             military
             Power
             ;
             laying
             aside
             the
             Militia
             ,
             and
             resolving
             to
             stick
             to
             an
             
               illegal
               Army
            
             ,
             what
             is
             this
             but
             to
             relinquish
             the
             Government
             of
             England
             ,
             to
             throw
             away
             all
             
               Regal
               Authority
            
             ,
             to
             violate
             ,
             break
             in
             pieces
             ,
             and
             trample
             upon
             the
             Crown
             ;
             to
             declare
             to
             all
             the
             World
             ,
             he
             will
             be
             King
             no
             longer
             ;
             and
             to
             abandon
             the
             Authority
             which
             he
             had
             to
             govern
             by
             Law
             ,
             according
             to
             the
             Constitution
             of
             the
             Kingdom
             ,
             his
             Duty
             to
             his
             People
             as
             King
             ,
             and
             the
             special
             Bond
             upon
             his
             Soul
             in
             his
             solemn
             Coronation-Oath
             ?
          
           
             3.
             
             But
             at
             last
             ,
             to
             crown
             all
             ,
             when
             the
             Noise
             of
             the
             Prince's
             Coming
             had
             brought
             him
             a
             little
             to
             himself
             ,
             and
             he
             begins
             to
             feel
             the
             danger
             that
             his
             late
             daring
             Pranks
             of
             Tyranny
             had
             brought
             him
             into
             ,
             he
             adviseth
             with
             his
             
               wise
               Council
            
             what
             to
             do
             :
             Should
             he
             trust
             his
             People
             in
             Parliament
             ?
             No
             :
             Should
             he
             trust
             his
             melting
             Army
             ?
             No
             :
             Should
             he
             trust
             his
             dreadful
             
               Son
               in
               Law
            
             ?
             No.
             What
             then
             ?
             as
             the
             
               evil
               Spirit
            
             rent
             and
             tore
             the
             Body
             when
             he
             was
             forc'd
             to
             leave
             it
             ,
             so
             he
             did
             all
             the
             mischief
             he
             could
             ,
             (
             by
             calling
             in
             his
             Writs
             for
             a
             Parliament
             ,
             dismissing
             his
             Judges
             ,
             carrying
             away
             the
             Broad
             Seal
             ,
             and
             putting
             an
             end
             to
             all
             kind
             of
             Government
             among
             us
             ,
             as
             before
             )
             and
             then
             leaves
             us
             in
             absolute
             Anarchy
             ,
             and
             a
             way
             of
             Confusion
             ,
             upon
             a
             necessity
             apprehended
             (
             of
             his
             own
             creating
             )
             of
             dispossessing
             us
             ,
             he
             flies
             to
             his
             trusty
             and
             wel-beloved
             the
             
               French
               King
            
             ;
             thus
             at
             once
             delivering
             his
             Person
             ,
             and
             in
             consequence
             directly
             betraying
             his
             Kingdom
             into
             the
             Power
             of
             the
             only
             Friend
             he
             has
             in
             the
             World
             ,
             but
             his
             Kingdoms
             only
             Enemy
             .
          
           
             In
             a
             word
             ,
             to
             put
             an
             end
             industriously
             to
             all
             Government
             at
             home
             ,
             and
             as
             far
             as
             in
             him
             lay
             ,
             to
             deliver
             himself
             and
             his
             Kingdoms
             into
             the
             Power
             of
             a
             
               foreign
               Enemy
            
             ,
             seems
             to
             be
             an
             Abdication
             with
             a
             Witness
             ,
             at
             least
             so
             far
             ,
             as
             to
             leave
             the
             Throne
             vacant
             .
          
        
         
           
           
             
               CHAP.
               VI.
            
             Of
             Vacancy
             and
             Interregnum
             .
          
           
             BUT
             it
             may
             be
             said
             ,
             That
             if
             the
             late
             King
             did
             abdicate
             the
             Government
             ,
             and
             thereby
             the
             Throne
             became
             void
             ;
             then
             we
             admit
             an
             Interregnum
             ,
             contrary
             to
             an
             ancient
             Maxim
             in
             our
             Government
             :
             But
             the
             Convention
             did
             declare
             ,
             that
             the
             late
             King
             did
             so
             abdicate
             ,
             and
             the
             Throne
             was
             vacant
             ;
             therefore
             they
             have
             altered
             the
             Constitution
             of
             our
             Government
             .
          
           
             Answ
             .
             1.
             
             Hereunto
             I
             answer
             ,
             first
             ,
             That
             I
             for
             my
             part
             know
             no
             Law
             against
             the
             possibility
             either
             of
             a
             Vacancy
             in
             the
             Throne
             ,
             or
             an
             Interregnum
             ;
             I
             mean
             ,
             in
             extraordinary
             cases
             ,
             such
             as
             ours
             was
             ;
             or
             when
             the
             Royal
             Family
             may
             be
             supposed
             to
             be
             extinct
             ,
             or
             all
             the
             remaining
             Branches
             of
             it
             are
             known
             to
             have
             imbibed
             Principles
             directly
             against
             the
             Interest
             and
             Religion
             of
             the
             Kingdom
             ,
             and
             destructive
             of
             what
             should
             be
             preserved
             .
             I
             cannot
             say
             but
             the
             contrary
             Opinion
             seems
             to
             consist
             with
             some
             ancient
             Transactions
             of
             our
             States
             .
          
           
             2.
             
             For
             a
             Vacancy
             in
             the
             Throne
             ,
             we
             have
             an
             express
             Precedent
             in
             the
             sense
             of
             the
             Parliament
             about
             Richard
             the
             2d
             ;
             and
             if
             so
             ,
             that
             will
             infer
             so
             much
             of
             an
             Interregnum
             too
             .
          
           
             3.
             
             I
             confess
             of
             later
             times
             ,
             the
             Recognition
             of
             the
             Parliament
             made
             to
             K.
             James
             the
             first
             ,
             seems
             to
             exclude
             both
             a
             Vacancy
             and
             an
             Interregnum
             ,
             that
             is
             ,
             at
             least
             when
             things
             proceed
             ordinarily
             and
             regularly
             ;
             the
             words
             are
             ,
             
               Immediately
               upon
               the
               Decease
               of
               the
               Queen
               ,
               the
               Imperial
               Crown
               did
               by
               inherent
               Birthright
               descend
               to
               you
               the
               next
               Heir
               of
               the
               Blood
               Royal.
               
            
          
           
             And
             this
             it
             concerns
             me
             to
             observe
             ,
             as
             agreeable
             to
             the
             Hereditarines
             of
             our
             Monarchy
             ,
             as
             before
             I
             have
             declared
             it
             .
          
           
             
               A
               Digression
               .
            
             
               But
               before
               I
               proceed
               ,
               I
               desire
               it
               may
               be
               always
               remembred
               ,
               and
               that
               we
               still
               carry
               this
               along
               with
               us
               ,
               That
               tho
               the
               Crown
               be
               Hereditable
               ,
               yet
               Government
               is
               an
               Office
               and
               Service
               ,
               or
               Ministry
               to
               us
               for
               good
               ,
               Rom.
               13.
               and
               that
               by
               our
               Law
               't
               is
               in
               the
               nature
               of
               an
               Office
               :
               that
               it
               may
               be
               lost
               three
               ways
               ;
               either
               by
               Insufficiency
               ,
               or
               Forfeiture
               ,
               or
               Cession
               ,
               called
               Non-qualification
               ,
               Abuser
               ,
               or
               Non-user
               :
               And
               how
               far
               these
               ,
               or
               any
               of
               them
               ,
               are
               applicable
               to
               the
               Possessor
               of
               the
               Crown
               in
               
                 England
                 ▪
              
               may
               be
               considered
               in
               the
               ensuing
               Discourse
               .
            
             
             
               At
               present
               we
               shall
               observe
               ,
               that
               he
               that
               takes
               an
               Office
               ,
               tho
               it
               be
               by
               way
               of
               Inheritance
               ,
               takes
               it
               with
               its
               Conditions
               and
               Burthens
               .
               Indeed
               ,
               there
               are
               Advantages
               and
               Profits
               annex'd
               to
               the
               Office
               ,
               and
               sometimes
               real
               Estates
               in
               Land
               ,
               which
               are
               inseparable
               from
               it
               ,
               and
               cannot
               be
               lost
               while
               the
               Officer
               continues
               in
               the
               Office
               :
               And
               thus
               it
               is
               with
               our
               Crown-Lands
               ,
               wherein
               the
               King
               hath
               
                 rectum
                 dominion
              
               in
               Right
               of
               the
               Crown
               ;
               which
               no
               Man
               hath
               in
               his
               Land
               besides
               the
               King.
               Yet
               if
               the
               Government
               be
               an
               Office
               ,
               and
               these
               Crown-Lands
               be
               in
               the
               King
               ,
               as
               he
               is
               King
               ,
               and
               hath
               that
               Office
               ,
               and
               not
               simply
               in
               him
               as
               
               such
               a
               Person
               ;
               he
               cannot
               lose
               them
               any
               way
               during
               his
               being
               King
               ;
               but
               he
               seems
               to
               hold
               in
               the
               
                 nature
                 of
                 a
                 Benefit
                 ,
                 from
                 and
                 for
                 another
                 ;
                 i.
                 e.
              
               his
               Kingdom
               ,
               he
               owes
               Duty
               for
               it
               ,
               tho
               not
               Fealty
               for
               it
               :
               And
               the
               Statute
               37
               
                 Hen.
                 8.
                 cap.
              
               16.
               useth
               the
               word
               Fee
               of
               Lands
               invested
               in
               the
               Crown
               .
            
             
               But
               leaving
               this
               Digression
               ,
               we
               must
               return
               ;
               and
               there
               seem
               two
               Doubts
               depending
               here
               ,
               that
               I
               must
               a
               little
               insist
               upon
               ,
               Whether
               the
               Convention
               did
               indeed
               declare
               the
               
                 Throne
                 vacant
              
               ?
               and
               whether
               we
               are
               bound
               to
               believe
               that
               Vacancy
               to
               be
               so
               absolute
               as
               to
               infer
               an
               Interregnum
               ?
            
          
           
             
               The
               first
               Doubt
               touching
               
                 Vacancy
                 ,
                 viz.
                 First
              
               ,
               Whether
               the
               Convention
               did
               indeed
               declare
               the
               Throne
               to
               be
               vacant
               ?
            
             
               1.
               
               If
               it
               be
               plain
               they
               did
               ,
               they
               did
               so
               as
               our
               Representatives
               ,
               and
               why
               should
               not
               that
               satisfy
               us
               ?
               at
               least
               why
               should
               we
               be
               troubled
               at
               it
               ,
               seeing
               their
               so
               declaring
               passeth
               not
               into
               our
               Allegiance
               ,
               or
               the
               succeeding
               exercise
               of
               the
               Government
               ;
               besides
               ,
               we
               are
               left
               at
               liberty
               to
               enjoy
               our
               private
               Thoughts
               about
               it
               ;
               and
               tho
               they
               declared
               so
               ,
               we
               are
               neither
               required
               to
               declare
               it
               ,
               or
               to
               believe
               it
               .
            
             
               2.
               
               But
               in
               truth
               (
               whatever
               might
               pass
               at
               the
               Conferences
               of
               the
               Houses
               about
               it
               )
               their
               VVords
               that
               give
               us
               their
               Act
               in
               
                 publick
                 ▪
              
               do
               not
               express
               or
               formally
               make
               any
               Declaration
               ,
               that
               the
               Throne
               was
               vacant
               .
            
             
               Their
               words
               are
               these
               ,
               [
               
                 K.
                 James
                 the
                 2d
                 having
                 abdicated
                 the
                 Government
                 ,
                 and
                 the
                 Throne
                 being
                 thereby
                 vacant
              
               ]
               here
               is
               indeed
               a
               plain
               Supposition
               that
               it
               is
               so
               ,
               but
               no
               Declaration
               .
               So
               that
               if
               the
               Throne
               was
               not
               vacant
               by
               the
               King's
               Abdication
               ,
               they
               do
               nothing
               to
               make
               it
               so
               ;
               all
               the
               Suppositions
               in
               the
               world
               cannot
               make
               that
               to
               be
               that
               is
               not
               .
            
             
             
               Therefore
               if
               that
               King
               had
               really
               abdicated
               the
               Government
               ,
               and
               yet
               there
               was
               no
               Vacancy
               ,
               there
               was
               neither
               any
               Interregnum
               ;
               but
               the
               Descent
               was
               immediate
               ;
               and
               the
               Succession
               regular
               in
               the
               present
               
                 King
                 and
                 Queen
              
               .
            
             
               But
               if
               the
               Throne
               was
               really
               void
               by
               that
               King
               's
               abdicating
               ,
               and
               the
               Convention
               was
               not
               mistaken
               in
               their
               Supposition
               ,
               as
               we
               should
               not
               easily
               imagine
               ,
               then
               we
               are
               concern'd
               to
               consider
               the
               second
               Doubt
               .
            
          
           
             
               
                 The
                 second
                 Doubt
              
               .
               VVhether
               we
               are
               bound
               to
               believe
               that
               Vacancy
               to
               be
               so
               absolute
               ,
               as
               necessarily
               to
               infer
               in
               the
               meaning
               of
               the
               Convention
               an
               utter
               Interregnum
               ?
            
             
               Sol.
               In
               general
               my
               answer
               is
               ,
               There
               is
               no
               necessity
               for
               such
               a
               Belief
               ,
               nor
               indeed
               any
               reason
               for
               it
               in
               my
               apprehension
               .
            
             
               The
               Convention
               ,
               as
               I
               observed
               before
               ,
               did
               not
               declare
               a
               Vacancy
               at
               all
               ,
               only
               they
               suppose
               it
               ,
               as
               the
               undoubted
               Consequence
               and
               Effect
               of
               the
               
                 Abdication
                 ;
                 having
                 abdicated
                 the
                 Government
                 ,
                 and
                 the
                 Throne
                 being
                 thereby
                 void
                 .
              
            
             
               Now
               that
               the
               King's
               Abdication
               did
               or
               did
               not
               leave
               the
               Throne
               vacant
               ,
               depends
               upon
               the
               Nature
               of
               the
               things
               ;
               and
               are
               not
               affected
               by
               the
               Declaration
               ;
               neither
               can
               we
               by
               our
               Jealousies
               or
               Imagination
               make
               things
               otherwise
               than
               they
               are
               of
               themselves
               ,
               or
               make
               the
               Declaration
               import
               another
               and
               a
               stricter
               sense
               than
               it
               really
               doth
               .
            
             
               For
               a
               fuller
               answer
               therefore
               ,
               three
               things
               are
               distinctly
               to
               be
               considered
               .
            
             
               1.
               
               How
               far
               a
               
                 Total
                 Abdication
              
               may
               effect
               a
               Vacancy
               in
               the
               Throne
               .
            
             
               2.
               
               Whether
               we
               have
               reason
               to
               think
               that
               the
               Convention
               did
               suppose
               a
               Vacancy
               in
               any
               other
               sense
               .
            
             
               3.
               
               Consequently
               whether
               that
               sense
               imply
               an
               Interregnum
               .
            
             
               Quest
               .
               1.
               
               How
               far
               a
               
                 Total
                 Abdication
                 of
                 the
                 Government
                 may
                 (
                 or
                 doth
                 necessarily
                 )
                 effect
                 a
                 Vacancy
                 in
                 the
                 Throne
                 .
              
            
             
               Sol.
               For
               the
               clear
               answer
               to
               this
               ,
               we
               must
               take
               our
               Measures
               from
               the
               Nature
               of
               our
               Government
               ,
               which
               hath
               been
               supposed
               to
               be
               Hereditary
               .
            
             
               1.
               
               Now
               if
               the
               Government
               be
               indeed
               Hereditary
               ,
               though
               there
               be
               a
               Vacancy
               in
               the
               Throne
               ,
               truly
               wrought
               by
               the
               Abdication
               of
               the
               Government
               ,
               as
               the
               Convention
               supposed
               ,
               it
               cannot
               
               
               
               
               
               be
               reasonably
               imagined
               to
               be
               an
               absolute
               and
               total
               Vacancy
               ,
               or
               such
               in
               all
               respects
               .
            
             
               2.
               
               The
               Reason
               of
               the
               Consequence
               seems
               plain
               from
               this
               ,
               because
               the
               Vacancy
               was
               made
               by
               K.
               James
               ,
               and
               he
               could
               not
               make
               it
               further
               than
               he
               could
               .
               He
               could
               not
               prejudice
               his
               Heirs
               ,
               or
               leave
               the
               Throne
               empty
               in
               all
               respects
               ;
               for
               the
               Statute
               of
               K.
               James
               the
               First
               declares
               ,
               agreeable
               to
               all
               times
               ,
               
                 The
                 Imperial
                 Crown
                 by
                 inherent
                 Birth-right
                 ,
                 doth
                 immediately
                 descend
                 to
                 the
                 next
                 Heir
                 of
                 the
                 Blood
                 Royal
                 upon
                 the
                 Decease
                 of
                 the
                 Predecessor
                 .
              
               The
               Royal
               Family
               have
               
                 Jus
                 ad
                 Rem
              
               ,
               but
               the
               next
               in
               Blood
               ,
               if
               without
               just
               Exception
               ,
               hath
               
                 Jus
                 in
                 Re
              
               ,
               and
               wants
               nothing
               but
               
                 Livery
                 and
                 Seisin
              
               .
            
             
               3.
               
               This
               carries
               a
               plain
               Analogy
               with
               the
               Interest
               of
               others
               ;
               and
               if
               it
               be
               a
               Priviledg
               ,
               cannot
               be
               denied
               to
               our
               Princes
               .
               The
               Estate
               is
               in
               the
               Heir
               immediately
               upon
               the
               Death
               of
               the
               Possessor
               ;
               and
               if
               the
               Estate
               be
               forfeited
               ,
               't
               is
               immediately
               in
               the
               next
               Tenant
               ,
               though
               in
               neither
               case
               they
               may
               have
               yet
               got
               Possession
               .
               And
               we
               use
               to
               say
               ,
               the
               Heir
               to
               the
               Crown
               is
               King
               before
               either
               the
               Coronation
               or
               Proclamation
               ;
               i.
               e.
               The
               Throne
               upon
               Demise
               is
               instantly
               fill'd
               ,
               and
               there
               is
               no
               Vacancy
               in
               that
               sense
               .
            
             
               4.
               
               If
               the
               right
               Heir
               before
               entry
               be
               kept
               out
               of
               Possession
               ,
               the
               Estate
               is
               not
               in
               Obeyance
               ,
               or
               in
               Nubibus
               ,
               but
               ,
               as
               the
               Lawyers
               
               say
               ,
               in
               Abatement
               ;
               the
               Estate
               is
               really
               in
               the
               Heir
               ,
               though
               they
               say
               the
               Law
               favours
               the
               intruder
               ,
               as
               the
               lawful
               Possessor
               ,
               till
               the
               Right
               of
               the
               true
               Heir
               is
               proved
               ,
               which
               I
               have
               no
               reason
               to
               apply
               .
            
             
               5.
               
               However
               ,
               't
               is
               plain
               enough
               that
               the
               Convention
               supposed
               the
               late
               King
               by
               Abdication
               left
               the
               Throne
               void
               in
               some
               respect
               ;
               and
               what
               that
               was
               ,
               must
               certainly
               respect
               himself
               ,
               and
               not
               his
               Heirs
               ;
               he
               left
               the
               Throne
               void
               ,
               as
               to
               his
               own
               Person
               ,
               and
               as
               to
               his
               Possession
               ,
               and
               as
               to
               his
               own
               Right
               ,
               by
               relinquishing
               the
               Government
               .
            
             
               6.
               
               Yea
               ,
               he
               left
               it
               void
               as
               to
               any
               present
               Administration
               or
               Administrator
               ;
               and
               therefore
               it
               being
               so
               void
               ,
               
                 ipso
                 facto
              
               ,
               the
               great
               Men
               of
               the
               Kingdom
               first
               desired
               the
               Prince
               of
               Orange
               to
               take
               upon
               him
               the
               Administration
               of
               the
               Government
               ,
               till
               the
               Convention
               should
               meet
               .
               This
               he
               did
               ,
               and
               this
               Vacancy
               was
               the
               natural
               Effect
               or
               Consequence
               of
               his
               Abdication
               ;
               but
               we
               may
               not
               strain
               the
               Word
               to
               the
               altering
               the
               nature
               of
               our
               
               Government
               ;
               neither
               may
               we
               imagine
               a
               Papist's
               Abdication
               should
               bar
               or
               prejudice
               his
               Protestant
               Children
               ,
               or
               change
               our
               Constitution
               .
            
             
               7.
               
               I
               hope
               I
               have
               said
               nothing
               in
               prejudice
               of
               any
               Limitations
               or
               Conditions
               of
               the
               Crown
               ,
               either
               in
               Law
               ,
               or
               from
               the
               necessary
               Nature
               of
               Government
               ,
               or
               by
               
                 Act
                 of
                 Parliament
              
               ;
               if
               according
               to
               such
               Conditions
               the
               next
               in
               Blood
               be
               not
               qualified
               ,
               the
               Throne
               may
               be
               filled
               by
               the
               Right
               or
               the
               next
               .
               When
               the
               Throne
               was
               declared
               void
               upon
               the
               Deposition
               of
               Rich.
               the
               2d
               .
               his
               Son
               was
               instantly
               admitted
               ;
               as
               were
               before
               the
               Sons
               of
               Edw.
               1.
               and
               Ed.
               2.
               upon
               their
               removal
               .
            
             
               8.
               
               We
               are
               told
               that
               before
               the
               Stat.
               25.
               
               
                 Edw.
                 3.
                 de
                 natis
                 ultra
                 mare
                 ,
              
               it
               was
               a
               received
               Maxim
               ,
               that
               
               the
               next
               in
               Blood
               born
               beyond
               the
               Sea
               should
               not
               be
               King
               :
               and
               by
               that
               of
               
                 Eliz.
                 23.
                 c.
              
               1.
               
               Persons
               opposing
               the
               Execution
               of
               that
               Act
               ,
               are
               thereby
               disabled
               for
               ever
               .
               Yet
               we
               still
               conceive
               ,
               that
               the
               next
               Heirs
               after
               them
               ,
               (
               better
               capacitated
               ,
               and
               not
               guilty
               or
               defective
               as
               they
               )
               might
               claim
               the
               Crown
               ,
               otherwise
               all
               other
               Persons
               are
               under
               the
               same
               Penalty
               ,
               though
               not
               at
               all
               guilty
               ;
               and
               the
               Penalty
               is
               not
               restrained
               to
               the
               Person
               offending
               ,
               or
               to
               the
               Crime
               mentioned
               in
               the
               latter
               ;
               or
               in
               the
               Incapacity
               in
               the
               former
               Instance
               .
               The
               Statute
               of
               the
               Queen
               plainly
               supposeth
               that
               some
               may
               claim
               ,
               which
               cannot
               consist
               with
               an
               Elective
               Government
               ;
               and
               if
               the
               next
               in
               Blood
               are
               disabled
               by
               Law
               to
               claim
               ,
               it
               follows
               ,
               the
               Right
               is
               some
               where
               else
               ,
               and
               by
               Virtue
               of
               that
               Right
               the
               Throne
               is
               so
               far
               fill'd
               ,
               and
               Possession
               may
               be
               claimed
               .
            
             
               Quest
               .
               2.
               
               Whether
               we
               have
               reason
               to
               think
               that
               the
               Convention
               did
               suppose
               a
               Vacancy
               in
               any
               other
               sense
               .
            
             
               Sol.
               We
               may
               receive
               full
               Satisfaction
               in
               this
               ,
               from
               what
               hath
               been
               said
               upon
               the
               first
               Query
               .
            
             
               For
               what
               reason
               can
               we
               have
               in
               Justice
               or
               Charity
               to
               imagine
               the
               Constitution
               intended
               any
               further
               Vacancy
               ,
               than
               was
               or
               could
               be
               made
               by
               the
               late
               
                 King's
                 Abdication
              
               ?
               what
               reason
               is
               left
               us
               to
               think
               that
               they
               intended
               such
               a
               Vacancy
               as
               was
               inconsistent
               with
               the
               nature
               of
               our
               
                 ancient
                 Hereditary
                 Monarchy
              
               ,
               or
               the
               Interest
               of
               the
               Persons
               that
               are
               now
               advanced
               to
               the
               Throne
               in
               their
               own
               Right
               ?
               of
               which
               we
               have
               given
               account
               before
               ;
               
               or
               why
               should
               we
               impose
               a
               groundless
               and
               an
               unreasonable
               sense
               upon
               the
               Proceedings
               of
               our
               Superiors
               ,
               as
               may
               forestal
               or
               prejudice
               our
               quiet
               and
               due
               Submission
               to
               the
               Government
               ?
            
             
               2.
               
               For
               our
               further
               Satisfaction
               ,
               we
               ought
               to
               consider
               ,
               first
               the
               Persons
               whom
               they
               admitted
               to
               the
               Crown
               ,
               namely
               such
               as
               ,
               upon
               Avoidance
               ,
               upon
               their
               
                 Inherent
                 Birth-right
              
               might
               have
               claimed
               the
               Crown
               .
               Secondly
               ,
               The
               Words
               of
               the
               Declaration
               ,
               by
               which
               they
               were
               admitted
               .
               [
               
                 The
                 Throne
                 being
                 thereby
                 vacant
                 ,
                 we
                 do
                 resolve
                 that
              
               William
               and
               Mary
               
                 be
                 ,
                 and
                 be
                 declared
                 King
                 and
                 Queen
                 .
              
               ]
               They
               do
               not
               say
               they
               make
               them
               so
               ,
               but
               resolve
               that
               they
               are
               so
               ,
               and
               then
               declare
               them
               to
               be
               what
               indeed
               they
               were
               .
            
             
               3.
               
               And
               now
               I
               must
               have
               leave
               to
               admire
               the
               Wisdom
               ,
               Foresight
               
               and
               Caution
               of
               that
               great
               Assembly
               :
               they
               do
               not
               lay
               hold
               of
               a
               Forfeiture
               of
               K.
               James
               ;
               they
               do
               not
               pretend
               to
               depose
               him
               ;
               they
               do
               not
               insist
               upon
               his
               Resignation
               ;
               but
               they
               suppose
               and
               alledg
               strong
               Grounds
               of
               that
               Supposition
               ,
               that
               he
               had
               abdicated
               the
               Government
               so
               far
               ,
               as
               that
               with
               respect
               to
               him
               ,
               to
               all
               Intents
               and
               Purposes
               ,
               the
               Throne
               was
               void
               ;
               and
               therefore
               to
               maintain
               the
               Hereditarines
               of
               this
               Monarchy
               ,
               they
               allow
               the
               Right
               of
               the
               next
               Heirs
               ,
               
                 viz.
                 William
              
               and
               Mary
               ;
               and
               accordingly
               upon
               that
               their
               Title
               ,
               they
               declare
               them
               King
               and
               Queen
               .
            
             
               
                 Quest
                 .
                 3.
                 
                 Whether
                 the
                 sense
                 of
                 Vacancy
                 thus
                 explained
                 ,
                 imply
                 an
                 Interregnum
                 ?
              
               This
               can
               be
               a
               Question
               no
               longer
               ,
               if
               we
               consider
               the
               Premises
               ;
               for
               such
               a
               Vacancy
               we
               have
               upon
               every
               Demise
               of
               the
               Crown
               ,
               yet
               no
               Interregnum
               .
            
          
        
         
           
             
               CHAP.
               VII
            
             .
             Of
             the
             Convention
             ,
             and
             how
             it
             became
             a
             Parliament
             .
          
           
             The
             Third
             Maxim
             considered
             .
          
           
             Obj.
             WE
             are
             arrived
             to
             the
             Consideration
             of
             the
             third
             great
             Exception
             ,
             viz.
             That
             it
             is
             a
             
               Maxim
               ,
               that
               nothing
               binds
               the
               People
               of
            
             England
             
               but
               an
               Act
               of
               Parliament
            
             :
             But
             the
             present
             Government
             was
             made
             by
             a
             Convention
             ,
             and
             not
             by
             a
             
               legal
               Parliament
            
             ,
             therefore
             we
             are
             not
             bound
             to
             own
             it
             .
          
           
           
             Sol.
             1.
             
             To
             this
             ,
             first
             ,
             it
             may
             be
             replied
             ,
             That
             tho
             this
             Maxim
             be
             generally
             allowed
             ,
             yet
             not
             without
             some
             Exceptions
             .
             For
             is
             not
             Custom
             and
             the
             
               Common
               Law
            
             the
             Rule
             of
             Right
             and
             Justice
             betwixt
             Man
             and
             Man
             ,
             yea
             and
             betwixt
             the
             Prince
             and
             the
             People
             ?
             Were
             there
             no
             Statute
             or
             Act
             of
             Parliament
             about
             Government
             and
             Subjection
             ?
             Yea
             ,
             were
             there
             no
             Coronation-Oath
             ,
             or
             Oath
             of
             Allegiance
             ,
             to
             be
             taken
             by
             the
             King
             or
             the
             Subject
             ?
             Yet
             ,
             from
             the
             nature
             of
             our
             Government
             ,
             and
             by
             
               Common
               Law
            
             ,
             the
             King
             ought
             to
             govern
             according
             to
             the
             Laws
             and
             Customs
             of
             the
             Kingdom
             ;
             and
             we
             ought
             to
             pay
             him
             our
             natural
             Allegiance
             .
             Yea
             ,
             it
             is
             not
             questioned
             by
             those
             that
             most
             scruple
             about
             the
             present
             Settlement
             ,
             but
             now
             there
             are
             positive
             Laws
             ,
             requiring
             those
             Oaths
             ,
             yet
             before
             they
             are
             taken
             ,
             the
             respective
             Duties
             both
             of
             King
             and
             People
             are
             to
             be
             observed
             by
             force
             of
             the
             radical
             nature
             of
             our
             Monarchy
             ,
             and
             the
             fundamental
             Constitution
             of
             Government
             in
             our
             Common
             Law.
             
          
           
             2.
             
             For
             a
             further
             Answer
             we
             must
             remind
             what
             hath
             been
             said
             of
             our
             Hereditary
             Monarchy
             ,
             which
             if
             understood
             in
             no
             other
             sense
             ,
             than
             these
             very
             Persons
             are
             eager
             to
             maintain
             ,
             methinks
             supercedes
             this
             Objection
             .
          
           
             For
             if
             the
             Government
             in
             their
             own
             sense
             be
             hereditary
             ;
             then
             ,
             in
             consequence
             of
             it
             ,
             when
             the
             Throne
             is
             vacant
             of
             the
             Predecessor
             ,
             it
             is
             in
             the
             same
             instant
             fill'd
             by
             the
             next
             Heir
             ,
             as
             to
             Right
             and
             Title
             ,
             in
             Analogy
             with
             all
             other
             Cases
             of
             Inheritance
             ,
             and
             even
             from
             the
             nature
             of
             Inheritance
             .
             We
             need
             not
             here
             speak
             over
             again
             what
             we
             have
             about
             the
             late
             King's
             Abdication
             ,
             and
             leaving
             the
             Throne
             void
             ;
             we
             may
             be
             allow'd
             here
             to
             suppose
             it
             ;
             and
             then
             't
             is
             evident
             that
             ,
             upon
             this
             ground
             ,
             upon
             that
             avoidance
             ,
             without
             any
             intervention
             or
             Act
             of
             the
             People
             ,
             either
             in
             a
             Convention
             ,
             or
             Parliament
             ,
             the
             
               Crown
               immediately
            
             descended
             to
             the
             next
             Heir
             of
             the
             
               Royal
               Family
            
             by
             Right
             of
             Blood
             ,
             or
             Birth-right
             .
          
           
             3.
             
             So
             far
             for
             their
             Right
             .
             As
             to
             their
             Entry
             and
             Possession
             of
             the
             Government
             ,
             tho
             in
             all
             such
             extraordinary
             Revolutions
             it
             hath
             been
             safest
             ,
             to
             be
             admitted
             with
             the
             Consent
             of
             the
             People
             ;
             yet
             't
             is
             evident
             from
             the
             same
             Concession
             ,
             that
             it
             is
             their
             Inheritance
             ;
             that
             the
             next
             Heir
             may
             claim
             and
             take
             possession
             of
             himself
             ,
             without
             the
             Consent
             or
             Act
             of
             the
             People
             ;
             that
             is
             ,
             he
             hath
             right
             to
             do
             so
             ;
             and
             if
             he
             be
             hindred
             and
             kept
             by
             force
             from
             his
             lawful
             Entry
             ,
             without
             just
             Cause
             ,
             or
             his
             own
             Consent
             ,
             
             he
             is
             apparently
             injured
             .
             And
             this
             seems
             to
             follow
             irresistibly
             ,
             from
             the
             nature
             of
             an
             Inheritance
             .
          
           
             4.
             
             Accordingly
             ,
             the
             Duke
             of
             Lancaster
             came
             into
             the
             Parliament
             ,
             and
             claimed
             and
             challenged
             the
             Crown
             as
             descended
             unto
             him
             ,
             by
             the
             
               right
               Line
            
             of
             the
             Blood
             of
             Hen.
             3.
             and
             his
             Claim
             and
             Challenge
             without
             any
             Dispute
             was
             immediately
             admitted
             .
          
           
             Upon
             the
             Resignation
             of
             Edw.
             2.
             his
             Son
             Edw.
             3.
             as
             the
             
             first-born
             and
             Heir
             of
             the
             Kingdom
             ,
             declares
             ,
             that
             upon
             his
             Father's
             Concession
             by
             the
             Counsel
             and
             Advisement
             (
             no
             other
             Act
             )
             of
             the
             great
             Men
             ,
             he
             assumed
             and
             took
             upon
             him
             the
             Government
             .
          
           
             5.
             
             But
             I
             need
             instance
             in
             no
             more
             ,
             when
             we
             have
             considered
             what
             passed
             in
             Parliament
             ,
             1
             Edw.
             4.
             
             They
             declare
             the
             King
             was
             in
             Right
             ,
             from
             the
             Death
             of
             the
             King
             his
             Father
             ,
             very
             
               just
               King
            
             ;
             and
             that
             they
             take
             and
             repute
             the
             said
             Edw.
             4.
             according
             to
             his
             said
             Right
             and
             Title
             ,
             declaring
             his
             Title
             was
             just
             and
             lawful
             ,
             as
             grounded
             upon
             the
             Laws
             of
             God
             and
             Nature
             ;
             and
             also
             upon
             the
             ancient
             Laws
             ,
             and
             laudable
             Customs
             of
             the
             said
             Realm
             .
             Agreeable
             hereunto
             was
             the
             Recognition
             of
             King
             James
             before-mentioned
             .
          
           
             6.
             
             Now
             if
             we
             apply
             this
             to
             our
             own
             Case
             ,
             may
             I
             demand
             ,
             What
             was
             there
             left
             for
             the
             Convention
             to
             do
             ?
             King
             James
             had
             relinquish'd
             the
             Government
             ,
             and
             left
             the
             Throne
             vacant
             ;
             thereby
             there
             was
             an
             
               immediate
               Descent
            
             of
             the
             Crown
             by
             inherent
             Birthright
             to
             his
             Daughter
             ,
             if
             willing
             to
             accept
             it
             :
             I
             say
             ,
             what
             had
             we
             to
             do
             more
             ,
             than
             to
             recognize
             and
             declare
             her
             to
             be
             Queen
             of
             England
             ?
             Indeed
             ,
             they
             did
             join
             in
             their
             said
             Declaration
             the
             Prince
             her
             Husband
             with
             her
             :
             but
             they
             seem
             not
             to
             pretend
             to
             make
             either
             him
             or
             her
             ,
             King
             or
             Queen
             ;
             their
             words
             are
             these
             ,
             
               The
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commens
               assembled
               at
            
             Westminster
             ,
             
               do
               resolve
               that
            
             William
             and
             Mary
             ,
             
               Prince
               and
               Princess
               of
            
             Orange
             ,
             
               be
               ,
               and
               be
               declared
               King
               and
               Queen
               of
            
             England
             ,
             &c.
             
          
           
             Object
             .
             But
             why
             do
             they
             not
             then
             declare
             the
             Princess
             as
             immediate
             Heir
             ,
             to
             be
             
               Queen
               only
            
             ,
             or
             at
             least
             before
             the
             Prince
             ?
          
           
             Sol.
             This
             I
             hope
             hath
             been
             fairly
             accounted
             for
             before
             ,
             
               Consensus
               tollit-Errorem
            
             ;
             especially
             Consent
             grounded
             upon
             invincible
             Reasons
             of
             State
             in
             that
             Juncture
             ,
             or
             rather
             Confusion
             of
             Affairs
             .
             And
             if
             we
             look
             back
             upon
             former
             times
             ,
             we
             are
             not
             without
             instances
             in
             this
             particular
             ,
             not
             much
             unlike
             it
             .
          
           
           
             2.
             
             Edward
             the
             2d
             denied
             himself
             of
             his
             Right
             ,
             and
             actually
             relinquish'd
             the
             Government
             ,
             (
             't
             is
             not
             material
             here
             upon
             what
             Motives
             )
             and
             his
             Son
             ,
             with
             the
             Father's
             liking
             ,
             and
             the
             Advice
             of
             the
             
               great
               Men
            
             ,
             was
             King
             of
             England
             during
             his
             Father's
             Life
             ;
             tho
             before
             he
             had
             sworn
             ,
             
               invito
               Patre
            
             ,
             he
             would
             never
             accept
             of
             the
             Crown
             ;
             yet
             when
             he
             doth
             accept
             it
             ,
             he
             declares
             he
             takes
             it
             not
             as
             the
             Gift
             of
             the
             People
             ,
             nor
             any
             other
             way
             ,
             but
             as
             
               Primogenitus
               Regis
               ,
               &
               Haeres
            
             .
          
           
             3.
             
             Somewhat
             like
             it
             we
             read
             concerning
             Richard
             Duke
             of
             York
             ;
             he
             was
             permitted
             by
             the
             
               true
               Heir
            
             to
             the
             Crown
             ,
             (
             tho
             his
             own
             Title
             to
             it
             was
             upon
             examination
             sound
             defective
             )
             to
             possess
             the
             Throne
             ,
             for
             the
             honour
             of
             the
             King
             ,
             and
             to
             maintain
             Peace
             during
             his
             Life
             :
             and
             the
             true
             Heir
             did
             
               cedere
               de
               jure
               suo
            
             ,
             with
             assurance
             to
             enjoy
             the
             Crown
             after
             the
             Decease
             of
             the
             King
             
               de
               facto
            
             .
          
           
             4.
             
             It
             was
             indeed
             enacted
             15
             Edw.
             2.
             that
             the
             things
             which
             shall
             be
             establish'd
             for
             the
             Estate
             of
             the
             King
             ,
             and
             of
             the
             Realm
             and
             People
             ,
             may
             
               be
               treated
               ,
               moved
               and
               established
               by
               the
               King
               ,
               and
               by
               the
               Assent
               of
               the
               Prelates
               ,
               Earls
               ,
               Baerons
               ,
               and
               Commonalty
               of
               the
               Kingdom
               .
            
             And
             there
             is
             no
             doubt
             but
             this
             is
             the
             proper
             course
             in
             ordinary
             Cases
             .
          
           
             5.
             
             But
             that
             there
             is
             a
             necessity
             for
             a
             Convention
             ,
             that
             is
             no
             Parliament
             ,
             in
             some
             extraordinary
             Cases
             ,
             to
             meddle
             in
             these
             high
             Matters
             ,
             none
             ,
             I
             think
             ,
             can
             question
             .
             Namely
             ,
             if
             we
             can
             suppose
             the
             
               Royal
               Family
            
             extinct
             ,
             at
             least
             so
             far
             ,
             as
             there
             is
             no
             Heir
             appears
             to
             claim
             and
             take
             the
             Government
             ,
             upon
             the
             demise
             of
             the
             King.
             Is
             there
             not
             a
             plain
             necessity
             now
             to
             preserve
             all
             from
             Confusion
             ,
             for
             the
             
               great
               Men
               ,
               &c.
            
             to
             meet
             ,
             and
             to
             consider
             where
             to
             place
             the
             Government
             ,
             according
             to
             Right
             or
             Merit
             ?
          
           
             6.
             
             Again
             ,
             we
             may
             suppose
             two
             or
             more
             Rivals
             for
             the
             Crown
             ,
             
             upon
             the
             King's
             Death
             ,
             when
             there
             can
             be
             no
             Parliament
             ,
             (
             that
             ,
             if
             in
             being
             before
             ,
             dying
             with
             the
             King
             )
             should
             not
             the
             Great
             Men
             meet
             ,
             and
             prevent
             the
             Ruin
             of
             the
             Kingdom
             by
             
               Civil
               Wars
            
             ,
             by
             acknowledging
             and
             assisting
             the
             right
             Heir
             ,
             as
             they
             are
             bound
             by
             their
             natural
             Allegiance
             ?
          
           
             Yea
             ,
             I
             may
             add
             ,
             If
             a
             Pretender
             ,
             excluded
             by
             the
             Limitations
             of
             the
             Law
             ,
             should
             by
             violence
             invade
             the
             Government
             ;
             what
             Remedy
             ,
             if
             the
             People
             may
             not
             meet
             ,
             especially
             being
             invited
             thereunto
             ,
             by
             the
             next
             Heir
             qualified
             by
             the
             Law
             ,
             to
             keep
             out
             
             the
             Pretender
             ,
             and
             admit
             the
             lawful
             Heir
             to
             take
             the
             Government
             ?
          
           
             7.
             
             That
             there
             may
             be
             Limitations
             put
             to
             the
             Descent
             of
             the
             Crown
             ,
             methinks
             lies
             not
             only
             in
             the
             Nature
             of
             Government
             ,
             but
             hath
             been
             the
             declared
             sense
             of
             the
             Kingdom
             ,
             (
             
               i.
               e.
            
             of
             
               King
               &
               Parliament
            
             )
             upon
             all
             occasions
             ,
             and
             never
             denied
             :
             And
             if
             those
             Limitations
             are
             necessary
             for
             the
             preservation
             of
             the
             Whole
             ,
             and
             our
             very
             Constitution
             ,
             as
             they
             may
             be
             ,
             or
             are
             clearly
             expressed
             in
             an
             Act
             of
             Parliament
             ;
             if
             any
             one
             would
             break
             thrô
             ,
             and
             invade
             the
             Government
             ,
             he
             must
             be
             prevented
             by
             a
             Convention
             ,
             or
             the
             Foundation
             of
             the
             Government
             is
             subverted
             .
          
           
             8.
             
             Lastly
             ,
             The
             Throne
             being
             left
             empty
             of
             an
             Administrator
             lately
             in
             our
             own
             Case
             ,
             and
             we
             put
             into
             a
             state
             of
             Anarchy
             ,
             and
             great
             Confusion
             upon
             the
             late
             King's
             Departure
             ,
             Did
             not
             every
             Man
             ,
             that
             had
             any
             sense
             of
             our
             Danger
             ,
             (
             and
             that
             is
             ,
             all
             that
             were
             not
             concern'd
             in
             the
             late
             methods
             of
             our
             Ruin
             )
             Did
             not
             they
             see
             then
             a
             plain
             necessity
             to
             meet
             together
             ,
             and
             apply
             to
             the
             Author
             of
             our
             Deliverance
             ,
             desiring
             that
             he
             would
             
               take
               upon
               him
               the
               Administration
            
             of
             the
             Government
             ,
             till
             the
             Convention
             should
             meet
             ,
             and
             to
             give
             out
             his
             Summons
             for
             a
             Convention
             ?
             And
             was
             not
             that
             Convention
             regularly
             ,
             peaceably
             and
             freely
             chosen
             and
             assembled
             ?
             And
             what
             did
             they
             do
             ,
             but
             consider
             where
             the
             Right
             of
             the
             Crown
             now
             lay
             ,
             and
             with
             the
             Consent
             of
             all
             Parties
             ,
             as
             before
             is
             noted
             ,
             declare
             WILLIAM
             and
             MARY
             our
             King
             and
             Queen
             .
          
           
             9.
             
             True
             ,
             as
             yet
             they
             were
             no
             Parliament
             ,
             but
             as
             soon
             as
             there
             was
             a
             Possessor
             of
             the
             Throne
             ,
             the
             Lords
             and
             Commons
             so
             freely
             chosen
             ,
             by
             the
             subsequent
             Consent
             of
             the
             King
             ,
             of
             Themselves
             proceed
             into
             a
             Parliament
             ;
             and
             being
             so
             ,
             recognize
             the
             King
             and
             Queen
             ,
             and
             cause
             Proclamations
             thereof
             to
             be
             made
             throughout
             the
             Kingdom
             .
             Which
             being
             done
             ,
             we
             have
             a
             King
             and
             Queen
             
               de
               facto
            
             ,
             and
             no
             room
             left
             to
             dispute
             their
             Title
             according
             to
             Reason
             .
          
           
             10.
             
             Give
             me
             leave
             to
             resume
             the
             Matter
             fair
             and
             plain
             .
             All
             saw
             a
             necessity
             that
             the
             great
             Men
             should
             meet
             ,
             (
             and
             some
             perhaps
             that
             now
             scruple
             )
             and
             desire
             the
             Prince
             of
             Orange
             to
             take
             the
             Administration
             of
             the
             Government
             ,
             and
             summon
             a
             Convention
             ;
             and
             in
             that
             Exigence
             what
             could
             they
             do
             more
             seasonable
             and
             wisely
             ?
             and
             how
             could
             the
             Prince
             proceed
             more
             regularly
             and
             nearer
             to
             our
             Constitution
             ,
             having
             the
             Exercise
             
             of
             the
             Government
             ,
             than
             by
             summoning
             a
             Convention
             ?
             Or
             ,
             how
             could
             the
             People
             transact
             the
             Election
             ,
             to
             represent
             them
             more
             freely
             and
             quietly
             than
             they
             did
             ?
             And
             what
             had
             the
             Convention
             of
             Lords
             and
             Commons
             (
             so
             elected
             )
             to
             do
             ,
             but
             to
             consider
             where
             the
             next
             Title
             to
             the
             Crown
             lay
             ,
             and
             to
             declare
             and
             recognize
             the
             present
             King
             and
             Queen
             ,
             with
             consent
             of
             all
             parties
             concern'd
             ,
             as
             before
             was
             observed
             ?
             by
             which
             Act
             of
             the
             People
             of
             England
             ,
             they
             took
             ,
             and
             now
             have
             ,
             as
             evident
             a
             Possession
             of
             the
             Throne
             ,
             as
             ever
             any
             King
             of
             England
             had
             .
          
           
             11.
             
             I
             say
             ,
             now
             especially
             ,
             because
             ,
             since
             the
             Declaration
             of
             the
             Convention
             ,
             the
             Body
             of
             the
             Kingdom
             in
             Parliament
             ,
             have
             solemnly
             again
             recognized
             the
             present
             King
             and
             Queen
             ;
             and
             they
             have
             been
             since
             acknowledged
             by
             the
             People
             at
             large
             ,
             by
             Universal
             Proclamations
             throughout
             the
             Kingdom
             .
          
           
             Obj.
             But
             the
             Assembly
             at
             Westminster
             may
             be
             thought
             but
             a
             Convention
             still
             ,
             and
             no
             Parliament
             ,
             because
             not
             at
             first
             summon'd
             by
             the
             
               King's
               Writs
            
             .
          
           
             Answ
             .
             However
             ,
             they
             truly
             represent
             the
             whole
             Body
             of
             the
             People
             ,
             and
             the
             Representers
             of
             the
             Commons
             ,
             and
             University
             of
             the
             People
             ,
             together
             with
             the
             Lords
             ,
             all
             concur'd
             to
             the
             Proclamations
             of
             the
             King
             and
             Queen
             ,
             and
             that
             's
             enough
             certainly
             to
             render
             the
             Possession
             of
             the
             Throne
             by
             them
             undoubted
             ;
             besides
             the
             Solemnities
             of
             it
             at
             their
             Coronations
             ,
             by
             the
             usual
             Methods
             ,
             and
             all
             Formalities
             of
             Law.
             
          
           
             But
             let
             us
             consider
             this
             matter
             a
             little
             nearer
             .
          
           
             2.
             
             I
             do
             not
             say
             a
             Parliament
             can
             make
             it self
             ;
             but
             methinks
             't
             is
             evident
             enough
             ,
             that
             the
             Persons
             elected
             by
             the
             People
             on
             purpose
             to
             be
             their
             Representatives
             ,
             in
             Conjunction
             with
             the
             Lords
             ,
             whose
             Right
             it
             is
             to
             sit
             in
             Parliament
             ,
             with
             the
             consent
             of
             the
             King
             sufficiently
             ,
             express'd
             should
             have
             both
             the
             matter
             and
             form
             of
             a
             Parliament
             :
             't
             is
             true
             we
             cannot
             conceive
             a
             proper
             Parliament
             in
             England
             ,
             without
             a
             
               King
               in
               Being
               or
               Possession
            
             ;
             but
             the
             Writs
             before
             can
             reasonably
             be
             supposed
             to
             have
             no
             further
             Influence
             into
             the
             being
             of
             a
             Parliament
             ,
             than
             only
             for
             the
             orderly
             Proceeding
             of
             the
             Election
             ,
             and
             signifying
             the
             King's
             Pleasure
             to
             have
             a
             Parliament
             .
          
           
             To
             be
             short
             ;
             if
             we
             find
             the
             Name
             and
             Power
             of
             a
             Parliament
             given
             by
             the
             Law
             to
             Conventions
             ,
             not
             chosen
             by
             the
             People
             ;
             if
             we
             find
             the
             Definition
             of
             a
             Parliament
             given
             by
             a
             Statute
             ,
             to
             agree
             exactly
             to
             the
             present
             Parliament
             ;
             and
             lastly
             ,
             
             if
             we
             have
             a
             Precedent
             in
             the
             case
             ,
             why
             should
             we
             doubt
             whether
             the
             present
             be
             a
             Legal
             Parliament
             ?
          
           
             First
             ,
             That
             the
             Name
             and
             Power
             of
             Parliament
             hath
             been
             formerly
             given
             by
             Law
             to
             Conventions
             of
             the
             great
             Men
             ,
             and
             the
             Community
             of
             the
             People
             ,
             without
             any
             Election
             of
             the
             People
             at
             all
             ,
             and
             consequently
             not
             chosen
             upon
             Writs
             from
             the
             King
             ;
             this
             the
             learned
             Dr.
             Brady
             labours
             much
             to
             prove
             in
             favour
             of
             the
             Crown
             before
             (
             as
             he
             saith
             )
             Parliaments
             were
             settled
             as
             now
             they
             are
             .
             He
             saith
             
               Colloquium
               &
               Parliamentum
            
             ,
             Conference
             and
             Parliament
             ,
             were
             expressive
             one
             of
             another
             ;
             and
             in
             those
             great
             Conventions
             ,
             sometimes
             only
             the
             great
             Men
             of
             the
             Kingdom
             ,
             as
             at
             Runnemede
             ,
             are
             called
             a
             Parliament
             ;
             sometimes
             also
             with
             them
             the
             
               Communitas
               Populi
            
             ;
             but
             these
             ,
             he
             saith
             ,
             did
             not
             include
             the
             common
             sort
             ,
             much
             less
             imply
             the
             issuing
             out
             of
             Writs
             ,
             and
             thereupon
             the
             Peoples
             electing
             their
             Representatives
             ,
             p.
             72.
             
             Answ
             .
             to
             Mr.
             Petit.
             
          
           
             Whence
             I
             argue
             ,
             If
             a
             Convention
             heretofore
             (
             without
             the
             Election
             of
             the
             People
             upon
             Writs
             from
             the
             King
             )
             had
             the
             Name
             of
             a
             Parliament
             ,
             and
             concurred
             with
             the
             King
             to
             make
             Laws
             binding
             upon
             the
             People
             ;
             certainly
             now
             a
             Convention
             freely
             chosen
             by
             Summons
             from
             a
             Person
             that
             had
             the
             Administration
             of
             the
             Government
             in
             his
             hand
             ,
             and
             was
             in
             the
             place
             of
             the
             King
             (
             though
             the
             late
             King
             had
             call'd
             in
             his
             Writs
             ,
             and
             left
             the
             Kingdom
             ,
             and
             that
             Exigence
             of
             Affairs
             could
             not
             possibly
             admit
             any
             other
             Remedy
             )
             I
             say
             ,
             such
             a
             Convention
             ,
             when
             allowed
             by
             the
             King
             ,
             doth
             much
             rather
             deserve
             the
             Name
             ,
             and
             challenge
             the
             Authority
             of
             a
             Parliament
             .
          
           
             The
             Argument
             receives
             much
             strength
             ,
             if
             we
             consider
             that
             now
             the
             Election
             of
             our
             Representatives
             ,
             so
             essential
             to
             our
             Parliaments
             ,
             is
             the
             great
             fundamental
             Priviledg
             of
             the
             People
             ;
             and
             consequently
             the
             King's
             Writs
             to
             that
             purpose
             ,
             that
             we
             may
             have
             frequent
             Parliaments
             ,
             is
             the
             Peoples
             Priviledg
             also
             ;
             besides
             the
             present
             King
             cannot
             be
             supposed
             to
             suffer
             any
             thing
             in
             his
             Prerogative
             ,
             who
             (
             though
             in
             another
             Capacity
             )
             did
             in
             effect
             send
             out
             such
             Writs
             ;
             and
             since
             he
             took
             the
             Crown
             ,
             hath
             allow'd
             the
             Election
             upon
             his
             own
             Summons
             for
             a
             Convention
             ,
             to
             serve
             in
             order
             to
             their
             being
             a
             Parliament
             ,
             what
             can
             be
             thought
             wanting
             to
             the
             making
             them
             a
             Parliament
             ?
             The
             People
             have
             their
             Priviledg
             ,
             and
             the
             King
             his
             Prerogative
             :
             and
             while
             we
             have
             the
             Substance
             ,
             't
             is
             vain
             to
             complain
             of
             the
             want
             
             of
             a
             mere
             
               Formality
               ,
               impossible
            
             to
             be
             had
             ,
             to
             the
             Unsettlement
             of
             a
             whole
             Kingdom
             .
          
           
             Secondly
             ,
             The
             Definition
             of
             a
             Parliament
             agrees
             well
             enough
             with
             our
             present
             Parliament
             ,
             as
             we
             have
             it
             in
             1
             K.
             James
             the
             first
             .
          
           
             
               A
               Parliament
               is
               ,
               where
               all
               the
               whole
               Body
               of
               the
               Realm
               ,
               and
               every
               particular
               Member
               thereof
               ,
               either
               in
               Person
               ,
               or
               by
               Representation
               (
               upon
               their
               own
               free
               Elections
               )
               are
               ,
               by
               the
               Laws
               of
               this
               Realm
               ,
               deemed
               to
               be
               personally
               present
               .
            
             Wherein
             we
             have
             two
             Propositions
             :
          
           
             1st
             .
             That
             every
             particular
             Subject
             ,
             either
             in
             Person
             (
             in
             the
             House
             of
             Peers
             )
             or
             by
             Representation
             in
             the
             House
             of
             Commons
             ,
             are
             ,
             by
             the
             Laws
             of
             this
             Realm
             ,
             deemed
             personally
             present
             in
             Parliament
             .
          
           
             2dly
             .
             That
             where
             
               the
               whole
               of
               the
               Realm
            
             are
             thus
             ,
             either
             in
             Person
             as
             Peers
             ,
             or
             by
             their
             Representatives
             ,
             upon
             their
             own
             free
             Elections
             present
             ,
             there
             is
             a
             Parliament
             .
          
           
             1.
             
             So
             that
             the
             Essence
             of
             a
             Parliament
             seems
             to
             consist
             in
             two
             things
             ,
             with
             respect
             to
             the
             two
             Houses
             :
             The
             Presence
             of
             the
             Peers
             in
             their
             own
             Right
             ;
             and
             of
             the
             Representatives
             of
             the
             People
             by
             Virtue
             of
             their
             Election
             ,
             and
             to
             be
             entire
             ,
             without
             the
             Consideration
             of
             any
             previous
             Writs
             from
             the
             King.
             
          
           
             2.
             
             Indeed
             we
             cannot
             well
             conceive
             that
             a
             Parliament
             properly
             so
             ,
             can
             be
             so
             without
             a
             King
             in
             being
             ,
             not
             for
             want
             of
             Writs
             to
             summon
             ,
             but
             for
             want
             of
             an
             occasion
             ,
             and
             reason
             of
             their
             being
             ,
             if
             the
             King
             be
             the
             Person
             with
             whom
             they
             are
             to
             parly
             ,
             
               &
               caput
               Principium
               ,
               &
               finis
               Parliament
               :
            
             But
             seeing
             the
             Peers
             of
             the
             Realm
             ,
             and
             the
             Representatives
             of
             the
             Commons
             ,
             upon
             their
             own
             free
             Elections
             ▪
             are
             assembled
             ,
             and
             the
             King
             in
             being
             ,
             allows
             ,
             approves
             ,
             and
             ratifies
             their
             Assembly
             to
             be
             a
             Parliament
             by
             his
             subsequent
             Assent
             ,
             as
             King
             ,
             to
             that
             manner
             of
             Summons
             ,
             which
             he
             ,
             before
             he
             was
             actually
             King
             ,
             invited
             them
             to
             ;
             and
             advises
             with
             them
             ,
             and
             makes
             use
             of
             them
             as
             his
             Parliament
             ;
             It
             is
             plain
             to
             me
             ,
             that
             they
             have
             the
             entire
             Substance
             of
             a
             lawful
             Parliament
             ;
             and
             that
             the
             
               King's
               Writs
            
             in
             such
             a
             case
             are
             but
             a
             
               separable
               Accident
            
             ;
             and
             that
             we
             should
             look
             upon
             our selves
             ,
             and
             the
             whole
             Body
             of
             the
             People
             ,
             as
             present
             there
             ,
             and
             acting
             or
             consenting
             to
             all
             the
             Laws
             made
             by
             the
             King
             and
             them
             .
          
           
             3.
             
             And
             lastly
             ,
             we
             are
             not
             without
             a
             plain
             and
             direct
             Precedent
             in
             the
             case
             upon
             King
             Charles
             the
             second
             's
             happy
             Restauration
             (
             as
             
             every
             one
             observes
             )
             which
             is
             ,
             
               in
               terminis
            
             ,
             made
             the
             pattern
             by
             this
             King
             and
             Parliament
             in
             the
             late
             Act
             ,
             declaring
             themselves
             to
             be
             a
             Parliament
             ,
             though
             it
             wanted
             the
             previous
             Writs
             of
             Summons
             ,
             which
             could
             not
             be
             had
             .
          
           
             And
             though
             23
             of
             the
             Statutes
             made
             by
             that
             Parliament
             were
             afterwards
             confirm'd
             ,
             13
             
               Car.
               2.
               c.
            
             7.
             yet
             the
             rest
             of
             the
             Acts
             made
             by
             them
             have
             been
             taken
             to
             be
             of
             as
             much
             force
             by
             the
             Judges
             ,
             though
             not
             so
             confirm'd
             :
             And
             this
             of
             the
             12
             Car.
             2.
             1.
             is
             one
             of
             them
             ;
             as
             all
             other
             Laws
             ,
             made
             by
             our
             Kings
             ,
             whose
             Titles
             have
             been
             afterwards
             question'd
             ,
             (
             with
             the
             Peoples
             Concurrence
             )
             have
             been
             ever
             held
             valid
             .
          
           
             Thus
             we
             have
             the
             Publique
             Judgment
             of
             two
             Kings
             ,
             and
             of
             the
             Body
             of
             the
             whole
             Kingdom
             in
             two
             Parliaments
             ,
             that
             such
             Writs
             of
             Summons
             before-hand
             ,
             are
             not
             necessary
             in
             all
             Cases
             ,
             and
             in
             particular
             in
             our
             Case
             ,
             to
             the
             Constitution
             of
             a
             true
             and
             Legal
             Parliament
             :
             And
             who
             have
             most
             reason
             to
             understand
             ,
             and
             to
             judg
             ,
             and
             determine
             such
             publick
             and
             high
             Points
             ,
             concerning
             the
             Nature
             of
             Parliaments
             ,
             the
             King
             and
             Kingdom
             assembled
             together
             ,
             or
             Men
             of
             a
             single
             and
             private
             Capacity
             ?
             How
             far
             our
             Consent
             and
             Sense
             is
             concern'd
             in
             the
             Determination
             of
             those
             we
             have
             chosen
             ,
             and
             in
             some
             sort
             trusted
             with
             our
             politick
             Interest
             ;
             and
             in
             whom
             the
             Law
             lately
             mention'd
             ,
             saith
             ,
             We
             are
             
               deemed
               to
               be
               present
            
             ;
             I
             urge
             not
             ,
             but
             it
             may
             be
             worthy
             to
             be
             considered
             .
          
           
             The
             Words
             of
             the
             Parliament
             ,
             being
             about
             to
             declare
             the
             Right
             of
             Richard
             the
             3d.
             are
             these
             ,
             and
             I
             think
             them
             very
             pertinent
             ;
             
               The
               Parliament
               is
               of
               such
               Authority
               ,
               and
               the
               People
               of
               this
               Land
               of
               such
               a
               Nature
               and
               Disposition
               ,
               as
               Experience
               teacheth
               ;
               that
               Manifestation
               or
               Declaration
               of
               any
               Truth
               ,
               made
               by
               the
               three
               Estates
               of
               this
               Realm
               assembled
               in
               Parliament
               ,
               and
               by
               Authority
               of
               the
               same
               ,
               maketh
               before
               all
               other
               things
               ,
               most
               faithful
               and
               certain
               quieting
               of
               Mens
               Minds
               ,
               and
               removeth
               the
               Occasion
               of
               Doubts
               and
               seditious
               Language
               .
            
             Which
             God
             grant
             .
          
        
         
           
           
             
               CHAP.
               VIII
            
             .
             Arguing
             from
             the
             Possession
             of
             the
             Crown
             .
          
           
             I
             Have
             now
             finished
             the
             greatest
             part
             of
             my
             Undertaking
             ;
             and
             how
             I
             have
             vindicated
             the
             late
             Revolution
             ,
             and
             reconciled
             our
             present
             State
             to
             our
             ancient
             Constitution
             ,
             as
             an
             
               Hereditary
               Monarchy
            
             ,
             and
             admitting
             no
             Interregnum
             ,
             my
             Reader
             will
             be
             my
             Judg.
             As
             also
             of
             what
             I
             have
             said
             touching
             Abdication
             and
             Vacancy
             in
             the
             Throne
             ;
             of
             the
             Convention
             ,
             and
             their
             just
             and
             regular
             Proceedings
             ,
             in
             their
             Invitation
             of
             King
             William
             and
             Queen
             Mary
             ,
             to
             take
             upon
             them
             the
             Government
             of
             these
             Kingdoms
             ;
             and
             lastly
             ,
             of
             the
             Legality
             of
             the
             
               present
               Parliament
            
             ;
             and
             thereby
             obviated
             or
             answered
             the
             Objections
             made
             against
             the
             present
             Government
             .
             From
             any
             ,
             or
             all
             of
             these
             ,
             as
             I
             intended
             ,
             I
             submit
             to
             his
             serious
             Consideration
             and
             candid
             Censure
             .
          
           
             2.
             
             But
             if
             all
             that
             I
             have
             hitherto
             said
             ,
             fail
             of
             my
             end
             ,
             in
             giving
             full
             satisfaction
             to
             such
             as
             scruple
             the
             taking
             the
             new
             Oaths
             of
             Allegiance
             ,
             to
             all
             the
             Arguments
             that
             have
             been
             so
             well
             inlarged
             upon
             by
             others
             ,
             I
             shall
             only
             resume
             that
             ,
             that
             hath
             been
             often
             insisted
             on
             ,
             taken
             from
             the
             Possession
             of
             the
             
               present
               King
               and
               Queen
            
             ,
             with
             the
             easy
             and
             just
             consequence
             of
             it
             .
          
           
             If
             the
             Body
             of
             the
             Kingdom
             ,
             as
             represented
             by
             the
             Lords
             and
             Commons
             duly
             chosen
             ,
             or
             scattered
             over
             the
             Kingdom
             by
             their
             open
             ,
             uninterrupted
             ,
             and
             general
             Recognitions
             and
             Proclamations
             ,
             and
             their
             Coronations
             ,
             with
             all
             the
             Methods
             and
             Formalities
             of
             Law
             can
             give
             ,
             or
             can
             own
             and
             approve
             the
             Possession
             of
             the
             Throne
             ,
             and
             declare
             and
             manifest
             William
             and
             Mary
             ,
             King
             and
             Queen
             (
             as
             no
             body
             can
             doubt
             )
             they
             are
             certainly
             ,
             and
             must
             be
             acknowledged
             to
             be
             our
             King
             and
             
               Queen
               de
               facto
            
             .
          
           
             Now
             hence
             it
             follows
             .
          
           
             1.
             
             Then
             we
             owe
             them
             Obedience
             due
             by
             Law
             ,
             for
             then
             we
             are
             their
             Subjects
             :
             And
             we
             cannot
             conceive
             of
             Soveraignty
             without
             Authority
             ,
             nor
             of
             Subjection
             without
             Obedience
             .
             This
             the
             Statute
             of
             Hen.
             7.
             plainly
             supposeth
             due
             to
             the
             King
             in
             being
             ;
             and
             consequently
             ,
             that
             such
             an
             one
             is
             not
             a
             King
             in
             Name
             only
             ,
             but
             in
             Dignity
             and
             Power
             .
             And
             the
             Subject
             may
             obey
             him
             ,
             fight
             for
             him
             ,
             and
             consequently
             take
             the
             military
             Oath
             ,
             an
             Oath
             to
             be
             faithful
             in
             that
             highest
             Act
             of
             his
             Service
             ;
             and
             doth
             
             assoil
             him
             from
             any
             Crime
             in
             so
             doing
             ,
             in
             
               Reason
               ,
               Law
            
             and
             Conscience
             .
          
           
             2.
             
             Hereupon
             the
             learned
             Lord
             Coke
             ,
             and
             Judg
             Hales
             affirm
             without
             Hesitancy
             ,
             That
             a
             King
             
               de
               facto
            
             ,
             and
             not
             
               de
               jure
            
             ,
             is
             within
             the
             great
             and
             ancient
             Statute
             of
             
               Treason
               ,
               25
               Edw.
            
             3.
             
          
           
             3.
             
             Now
             if
             we
             enquire
             why
             Treason
             may
             ,
             according
             to
             Law
             ,
             be
             committed
             against
             a
             King
             
               de
               facto
            
             ?
             the
             Reason
             is
             obvious
             ,
             namely
             ,
             because
             the
             Law
             looks
             upon
             him
             as
             really
             our
             King.
             As
             Treason
             ,
             they
             say
             ,
             cannot
             be
             committed
             against
             a
             King
             by
             
               Right
               only
            
             ,
             and
             hath
             not
             Possession
             ,
             which
             must
             be
             upon
             the
             like
             Reason
             ,
             because
             the
             Law
             doth
             not
             regard
             one
             out
             of
             Possession
             ,
             and
             cannot
             protect
             us
             ,
             or
             administer
             Justice
             to
             us
             as
             King
             of
             England
             .
          
           
             4.
             
             Hence
             it
             seems
             to
             follow
             ,
             first
             ,
             If
             the
             Subject
             may
             be
             guilty
             of
             Treason
             against
             the
             King
             in
             being
             ,
             it
             implies
             he
             owes
             the
             Duty
             that
             is
             contrary
             to
             Treason
             ,
             to
             the
             same
             King
             ;
             and
             what
             is
             that
             but
             Fealty
             or
             Fidelity
             ?
             that
             is
             ,
             
               a
               Principle
               against
               Treason
            
             ,
             a
             faithful
             and
             loyal
             Mind
             ,
             keeping
             Treason
             out
             of
             its
             Seat
             ,
             which
             we
             know
             is
             not
             so
             much
             in
             our
             Actions
             as
             in
             the
             Mind
             and
             Imagination
             .
             2dly
             .
             If
             Treason
             cannot
             be
             committed
             against
             the
             King
             that
             is
             out
             of
             Possession
             ,
             as
             he
             is
             not
             King
             according
             to
             Law
             ;
             so
             we
             cannot
             be
             thought
             to
             owe
             him
             our
             Allegiance
             ,
             that
             is
             ,
             
               Obedience
               according
               to
               Law
            
             ,
             for
             he
             is
             not
             King
             so
             as
             to
             rule
             or
             command
             us
             ,
             and
             then
             there
             is
             wanting
             the
             very
             Reason
             of
             Duty
             ,
             or
             of
             Fidelity
             to
             that
             Duty
             .
          
           
             5.
             
             It
             may
             not
             be
             unworthy
             our
             observation
             ,
             That
             if
             any
             one
             yet
             can
             be
             so
             weak
             or
             blind
             ,
             as
             to
             imagine
             ,
             that
             since
             the
             late
             King's
             Abdication
             ,
             the
             Crown
             is
             in
             Abatement
             ,
             and
             the
             Right
             lies
             somewhere
             else
             ;
             even
             in
             that
             case
             ,
             they
             say
             ,
             the
             
               Common
               Law
            
             favours
             the
             Abator
             ,
             and
             looks
             upon
             his
             Title
             to
             be
             good
             ,
             until
             the
             Right
             of
             the
             Heir
             be
             proved
             ,
             and
             the
             Matter
             of
             the
             Title
             be
             decided
             by
             Law
             ,
             and
             consequently
             
               all
               Duties
            
             ,
             in
             the
             mean
             time
             ,
             are
             to
             be
             paid
             by
             the
             Tenants
             to
             the
             Abator
             ,
             as
             if
             he
             had
             Right
             as
             well
             as
             Possession
             .
             I
             need
             not
             apply
             it
             .
          
           
             6.
             
             However
             there
             is
             nothing
             in
             the
             Law
             of
             the
             Land
             ,
             or
             the
             
               Word
               of
               God
            
             ,
             that
             necessitates
             the
             Subject
             to
             trouble
             his
             Conscience
             with
             Scruples
             about
             the
             Titles
             of
             Princes
             ,
             or
             beyond
             the
             actual
             Possession
             and
             Administration
             of
             the
             Government
             .
          
           
             1.
             
             For
             the
             Word
             of
             God
             ,
             that
             supposeth
             Christians
             to
             be
             under
             the
             
               present
               Powers
            
             ;
             and
             strictly
             enjoins
             them
             peaceable
             
             and
             unscrupled
             Submission
             and
             Obedience
             to
             the
             
               Powers
               that
               are
            
             :
             but
             this
             Argument
             hath
             been
             sufficiently
             enforc'd
             by
             others
             ,
             even
             to
             Demonstration
             .
          
           
             2.
             
             For
             the
             Law
             of
             the
             Land
             ;
             this
             justifies
             our
             Obedience
             to
             the
             
               present
               Power
            
             ,
             yea
             requires
             it
             ,
             and
             punisheth
             the
             contrary
             ;
             and
             will
             not
             endure
             any
             Scruples
             about
             the
             Right
             ,
             when
             the
             
               Possession
               of
               the
               Crown
            
             is
             once
             settled
             ;
             and
             terminates
             all
             Doubts
             of
             that
             kind
             in
             an
             Act
             of
             Parliament
             ,
             which
             is
             the
             publick
             Judgment
             and
             Sense
             of
             the
             Nation
             .
          
           
             'T
             was
             said
             by
             the
             Parliament
             of
             Richard
             the
             3d
             ,
             after
             they
             had
             cleared
             his
             Title
             ,
             as
             grounded
             upon
             the
             
               ancient
               Laws
               and
            
             
             
               laudable
               Customs
               of
               the
               Realm
               ,
               according
               to
               the
               Judgment
               of
               all
               such
               Persons
               as
               were
               learned
               in
               those
               Laws
               and
               Customs
            
             ;
             they
             proceed
             and
             say
             ,
             
               Yet
               nevertheless
               ,
               forasmuch
               as
               it
               is
               considered
               ,
               that
               the
               most
               part
               of
               the
               People
               is
               not
               sufficiently
               learned
               in
               the
               aforesaid
               Laws
               and
               Customs
               ,
               whereby
               Truth
               and
               Right
               in
               this
               behalf
               ,
               of
               likelihood
               may
               be
               had
               ,
               and
               not
               clearly
               known
               to
               all
               People
               ,
               and
               thereupon
               put
               in
               doubt
               and
               question
               ;
               and
               over
               this
               ,
               how
               that
               the
               Court
               of
               Parliament
               is
               of
               such
               Authority
               ,
               that
               a
               Declaration
               made
               by
               the
               three
               Estates
               ,
               and
               by
               the
               Authority
               of
               the
               same
               ,
               maketh
               before
               all
               other
               things
               most
               faithful
               and
               certain
               quieting
               of
               Mens
               Minds
               ,
               and
               removeth
               the
               occasion
               of
               Doubts
               and
               seditious
               Language
               ;
            
             therefore
             they
             declare
             that
             he
             was
             the
             undoubted
             King.
             
          
           
             Whence
             't
             is
             evident
             ,
             that
             the
             Reason
             of
             this
             Law
             supposeth
             that
             the
             Subjects
             in
             general
             are
             not
             capable
             of
             understanding
             the
             Laws
             and
             Customs
             upon
             which
             the
             Titles
             of
             our
             Kings
             depend
             :
             and
             that
             the
             best
             Satisfaction
             that
             the
             Generality
             of
             the
             People
             can
             possibly
             have
             in
             those
             high
             Matters
             ,
             is
             the
             Sense
             ,
             and
             Judgment
             ,
             and
             Determination
             of
             the
             Kingdom
             ,
             by
             Act
             and
             Authority
             of
             Parliament
             ,
             wherein
             they
             should
             acquiesce
             for
             the
             preventing
             Sedition
             ,
             so
             much
             as
             in
             Language
             .
          
           
             But
             to
             be
             short
             here
             ,
             the
             Law
             allows
             a
             King
             
               de
               facto
            
             the
             Name
             ,
             and
             Dignity
             ,
             and
             Authority
             ,
             and
             Defence
             of
             a
             King
             ;
             And
             doth
             it
             not
             require
             our
             Duty
             according
             to
             Law
             ?
             Was
             't
             ever
             known
             ,
             the
             King
             being
             acknowledged
             to
             have
             the
             actual
             Government
             ,
             that
             the
             Subject
             was
             excused
             from
             Allegiance
             ,
             or
             an
             Oath
             of
             Fidelity
             ,
             as
             occasion
             required
             it
             ?
             Yea
             ,
             If
             Obedience
             according
             to
             Law
             ,
             be
             acknowledged
             due
             to
             the
             present
             Government
             ,
             as
             it
             now
             it
             seems
             is
             generally
             granted
             ,
             is
             not
             
             the
             Oath
             of
             Allegiance
             at
             this
             time
             required
             by
             Law
             ,
             as
             well
             as
             by
             the
             Relation
             of
             Subjects
             ,
             and
             so
             made
             a
             plain
             part
             of
             our
             Obedience
             according
             to
             Law
             ?
          
           
             Yet
             if
             the
             King
             in
             Possession
             be
             really
             our
             King
             ,
             do
             not
             our
             own
             Laws
             return
             upon
             us
             ,
             
               requiring
               Loyalty
            
             and
             Fealty
             ,
             forbidding
             Sedition
             ,
             and
             
               Scandalum
               Magnatum
            
             ,
             and
             all
             Endeavours
             to
             alter
             the
             Government
             ?
             that
             is
             ,
             at
             least
             by
             our
             peaceable
             and
             dutiful
             Carriage
             to
             acquiesce
             in
             the
             Work
             of
             Divine
             Providence
             ,
             in
             our
             late
             Revolution
             ,
             and
             the
             Acknowledgment
             of
             our
             Subjection
             due
             to
             William
             and
             Mary
             ,
             who
             ,
             as
             we
             have
             heard
             by
             the
             Laws
             of
             the
             Land
             heretofore
             made
             ,
             are
             our
             undoubted
             King
             and
             Queen
             ,
             because
             in
             possession
             of
             the
             Government
             ;
             their
             Right
             also
             is
             unquestionable
             by
             private
             Subjects
             ,
             being
             a
             Point
             determined
             according
             to
             the
             ancient
             Laws
             and
             laudable
             Customs
             of
             this
             Realm
             ;
             and
             their
             Right
             as
             well
             as
             Possession
             openly
             declared
             by
             the
             highest
             Authority
             of
             the
             Kingdom
             ,
             in
             Acts
             of
             the
             present
             Parliament
             .
          
           
             Object
             .
             But
             some
             are
             apt
             to
             say
             ,
             This
             is
             to
             prove
             that
             the
             
               Sun
               shines
            
             ;
             who
             denies
             that
             the
             present
             King
             and
             Queen
             are
             such
             
               de
               facto
            
             ,
             or
             that
             we
             ought
             to
             obey
             them
             ?
          
           
             Sol.
             1.
             
             This
             is
             so
             far
             well
             .
             But
             do
             we
             obey
             them
             without
             reserve
             for
             the
             late
             King
             ?
             Do
             we
             acknowledg
             that
             the
             Laws
             of
             the
             Land
             oblige
             us
             to
             give
             them
             our
             Obedience
             ?
             Or
             do
             we
             mean
             only
             ,
             that
             they
             have
             the
             Name
             of
             Soveraigns
             ,
             and
             a
             Power
             in
             their
             Hands
             to
             defend
             themselves
             against
             ,
             and
             to
             punish
             Disturbers
             of
             their
             Possession
             ?
             If
             it
             be
             so
             ,
             we
             do
             not
             take
             right
             Measures
             of
             their
             Authority
             ,
             or
             of
             our
             own
             Duty
             
               according
               to
               Law.
            
             
          
           
             2.
             
             For
             they
             are
             really
             King
             and
             Queen
             ,
             by
             being
             in
             Possession
             ,
             and
             invested
             by
             the
             Laws
             with
             
               Regal
               Authority
            
             as
             well
             as
             Power
             ;
             otherwise
             they
             could
             not
             be
             within
             the
             purview
             of
             the
             Statute
             of
             Treason
             .
          
           
             3.
             
             Consequently
             all
             their
             Actions
             that
             are
             politick
             ,
             and
             for
             the
             matter
             agreable
             to
             Law
             ,
             are
             as
             valid
             ,
             and
             of
             as
             good
             Authority
             as
             the
             Acts
             of
             the
             most
             
               rightful
               Kings
            
             .
          
           
             They
             have
             Authority
             ,
             and
             do
             effectually
             execute
             ,
             and
             make
             Laws
             ,
             while
             they
             are
             in
             Possession
             ,
             as
             they
             do
             protect
             us
             ;
             so
             they
             administer
             Justice
             ,
             dispose
             of
             Offices
             ,
             coin
             Mony
             ,
             make
             Peace
             and
             War
             ,
             punish
             all
             kind
             of
             Offences
             ,
             as
             well
             against
             the
             Subjects
             as
             the
             Government
             .
          
           
           
             4.
             
             And
             such
             Acts
             of
             a
             King
             
               de
               facto
            
             only
             ,
             without
             Right
             ,
             as
             concern
             ,
             and
             have
             Influence
             upon
             the
             Kingdom
             ,
             have
             ever
             been
             allow'd
             and
             reputed
             good
             and
             valid
             ,
             though
             the
             Title
             to
             the
             Crown
             hath
             been
             question'd
             and
             denied
             in
             after-Ages
             ,
             as
             we
             noted
             before
             .
          
           
             5.
             
             That
             very
             Parliament
             that
             condemned
             the
             Usurpations
             of
             
             Hen.
             4
             ,
             5
             ,
             6.
             and
             all
             Acts
             that
             had
             entailed
             the
             Crown
             ,
             contrary
             to
             the
             course
             of
             Inheritance
             ,
             yet
             add
             these
             remarkable
             Words
             ;
             
               Howbeit
               that
               all
               other
               Acts
               and
               Ordinances
               made
               in
               the
               said
               Parliament
               since
               ,
               been
               good
               and
               sufficient
               against
               all
               other
               Persons
               .
            
          
           
             I
             would
             infer
             hence
             ,
             that
             Obedience
             is
             due
             to
             the
             present
             King
             ,
             &c.
             in
             his
             Authority
             ,
             by
             Law
             acknowledged
             ,
             as
             well
             as
             Power
             ;
             and
             therefore
             not
             only
             for
             
               Wrath
               ,
               but
               for
               Conscience
               sake
            
             ;
             Conscience
             ,
             I
             say
             ,
             not
             of
             their
             Title
             ,
             but
             of
             their
             Authority
             ,
             and
             our
             own
             plain
             Duty
             (
             at
             least
             for
             Conscience
             sake
             ,
             with
             respect
             to
             the
             
               publick
               Good
            
             )
             to
             take
             the
             Oath
             of
             Allegiance
             ,
             which
             is
             part
             of
             our
             Obedience
             ,
             it
             being
             required
             by
             Law
             ,
             and
             therefore
             our
             Duty
             .
          
           
             Obj.
             Your
             arguing
             seems
             to
             perswade
             us
             only
             to
             Obedience
             ,
             which
             we
             do
             not
             much
             scruple
             ,
             in
             the
             sense
             you
             explicate
             it
             .
             The
             Swearing
             to
             
               bear
               true
               Allegiance
            
             ,
             is
             that
             which
             troubles
             us
             ,
             not
             knowing
             well
             the
             intended
             sense
             or
             meaning
             of
             it
             .
          
           
             Sol.
             The
             Government
             hath
             given
             us
             reasonable
             Satisfaction
             in
             this
             Particular
             ,
             though
             not
             so
             clear
             as
             may
             be
             wish'd
             ;
             the
             very
             Title
             of
             the
             Oath
             ,
             even
             in
             this
             new
             Law
             ,
             is
             the
             Oath
             of
             Allegiance
             or
             Obedience
             :
             Now
             if
             Allegiance
             in
             the
             sense
             of
             the
             Law
             ,
             as
             explained
             by
             the
             Law-makers
             ,
             be
             nothing
             but
             Obedience
             ;
             and
             Obedience
             in
             England
             ,
             is
             to
             be
             measured
             by
             the
             Laws
             ;
             what
             can
             Allegiance
             import
             more
             than
             
               Obedience
               according
               to
               Law
            
             ?
             which
             you
             say
             you
             are
             willing
             to
             yield
             ;
             and
             why
             now
             should
             you
             refuse
             to
             add
             this
             Sign
             and
             Security
             of
             such
             your
             Obedience
             ,
             by
             taking
             your
             Oath
             to
             do
             so
             ?
          
           
             2.
             
             Moreover
             ,
             you
             find
             the
             Government
             insists
             not
             upon
             the
             Word
             Allegiance
             ,
             nor
             intends
             any
             strange
             or
             obscure
             Obligation
             upon
             us
             by
             it
             ;
             for
             in
             the
             Declaration
             ,
             they
             require
             of
             Quakers
             ,
             who
             refuse
             to
             swear
             ,
             they
             express
             [
             Faith
             and
             Allegiance
             ]
             by
             those
             plainer
             Words
             ;
             
               I
               will
               be
               true
               and
               faithful
               to
               King
            
             William
             
               and
               Queen
            
             Mary
             .
          
           
           
             3.
             
             And
             as
             one
             lately
             hath
             very
             well
             observed
             ,
             the
             Parliament
             have
             avoided
             all
             occasion
             of
             Offence
             in
             wording
             this
             Oath
             that
             might
             consist
             with
             the
             Security
             of
             the
             Government
             ;
             for
             by
             omittting
             the
             assertory
             part
             of
             the
             former
             ,
             't
             is
             evident
             they
             do
             not
             require
             us
             by
             this
             Oath
             to
             assert
             the
             Title
             ,
             but
             to
             secure
             the
             Possession
             and
             Peace
             of
             the
             Crown
             ,
             in
             King
             William
             and
             Queen
             Mary
             ,
             by
             our
             Obedience
             according
             to
             Law.
             
          
           
             Indeed
             we
             may
             perceive
             in
             the
             whole
             Proceeding
             of
             our
             late
             wonderful
             Revolution
             ,
             so
             much
             Sweetness
             ,
             Tenderness
             ,
             and
             Condescension
             to
             the
             Prejudices
             that
             the
             former
             state
             of
             things
             might
             leave
             in
             us
             ,
             (
             both
             with
             respect
             to
             our
             late
             King
             ,
             and
             our
             own
             Obligations
             )
             as
             if
             the
             Government
             had
             industriously
             studied
             to
             avoid
             all
             occasion
             of
             Offence
             ,
             as
             much
             as
             the
             nature
             of
             the
             Change
             suffer'd
             to
             be
             possible
             .
          
           
             I
             have
             ,
             I
             think
             ,
             noted
             before
             ,
             that
             the
             Convention
             did
             not
             depose
             the
             late
             King
             ;
             did
             not
             declare
             the
             Crown
             forfeited
             ;
             did
             not
             require
             him
             to
             make
             a
             Resignation
             of
             it
             :
             and
             tho
             they
             justly
             charge
             him
             with
             many
             intolerable
             Grievances
             ;
             yet
             they
             did
             not
             call
             the
             King
             to
             an
             Account
             for
             them
             .
             Nay
             ,
             they
             did
             not
             so
             much
             as
             declare
             that
             the
             King
             is
             accountable
             ;
             so
             that
             the
             Minds
             of
             such
             as
             boast
             of
             
               excessive
               Loyalty
            
             ,
             have
             ease
             as
             to
             all
             these
             things
             ,
             that
             bear
             so
             hard
             a
             Contradiction
             to
             their
             Principles
             ;
             and
             as
             for
             our selves
             ,
             we
             have
             noted
             some
             Kindness
             and
             Condescension
             with
             respect
             to
             the
             Oath
             required
             ;
             thereby
             it
             it
             is
             neither
             required
             ,
             that
             we
             should
             abjure
             the
             Title
             of
             the
             late
             King
             ,
             nor
             assert
             the
             Title
             of
             the
             present
             .
             God
             forbid
             ,
             therefore
             ,
             that
             there
             should
             be
             left
             any
             Prejudice
             in
             us
             from
             the
             hard
             Proceeding
             of
             the
             Government
             in
             either
             kind
             :
             if
             it
             should
             ,
             it
             is
             plainly
             as
             false
             in
             its
             ground
             ,
             as
             't
             is
             like
             to
             be
             evil
             in
             its
             Consequence
             ,
             especially
             if
             we
             stiffen
             our
             Disloyalty
             with
             the
             Continuance
             of
             a
             scandalous
             Impeachment
             of
             our
             Rulers
             and
             Legislators
             ,
             for
             Severity
             intended
             against
             the
             Church
             ;
             and
             a
             designed
             Alteration
             or
             Change
             of
             the
             ancient
             Constitution
             of
             this
             
               Hereditary
               Monarchy
            
             :
             the
             one
             I
             hope
             is
             as
             true
             as
             the
             other
             .
          
           
             Obj.
             The
             Statute
             of
             Hen.
             7.
             so
             much
             depended
             on
             ,
             was
             made
             by
             a
             King
             that
             had
             no
             Title
             to
             the
             Crown
             himself
             .
          
           
             Answ
             .
             What
             then
             ?
             Doth
             it
             follow
             that
             the
             Statute
             is
             not
             of
             force
             ?
             Upon
             that
             ground
             we
             must
             blot
             out
             a
             great
             part
             of
             our
             Statute-Book
             ,
             which
             is
             full
             of
             Laws
             made
             by
             such
             Kings
             ;
             and
             
             the
             best
             of
             our
             Laws
             have
             no
             force
             ,
             if
             the
             Observation
             hath
             any
             truth
             ,
             that
             the
             worst
             Kings
             made
             the
             best
             Laws
             .
          
           
             Object
             .
             But
             't
             is
             a
             Law
             mischievous
             to
             the
             Right
             of
             our
             Kings
             .
          
           
             Answ
             .
             It
             is
             much
             this
             Mischief
             hath
             not
             been
             discovered
             by
             our
             former
             Kings
             or
             Parliaments
             ;
             that
             so
             mischievous
             a
             Law
             should
             continue
             through
             so
             long
             a
             tract
             of
             time
             unrepealed
             :
             't
             is
             confess'd
             ,
             it
             may
             be
             inconvenient
             ,
             and
             prejudice
             the
             Interest
             of
             a
             King
             
               de
               jure
            
             ;
             but
             we
             ought
             in
             reason
             to
             set
             this
             against
             it
             ,
             that
             it
             is
             a
             Law
             at
             all
             times
             convenient
             ,
             and
             serving
             the
             Ease
             ,
             Quiet
             and
             Safety
             of
             the
             Kingdom
             ,
             for
             whose
             sake
             Kings
             themselves
             are
             :
             't
             is
             hereupon
             that
             the
             Lord
             Bacon
             tells
             us
             ,
             
               that
               the
               Spirit
               of
               this
               Law
               was
               wonderfully
               pious
               and
               noble
               :
            
             upon
             this
             ground
             ,
             as
             one
             saith
             well
             ,
             
               because
               they
               who
               had
               no
               hand
               in
               the
               Sin
               ,
               should
               bear
               no
               share
               in
               the
               Punishment
               .
            
          
           
             And
             the
             Lord
             Bacon
             adds
             ,
             
               That
               this
               wanted
               not
               Prudence
               and
               deep
               Foresight
               ;
               for
               it
               did
               the
               better
               take
               away
               occasion
               for
               the
               People
               to
               busy
               themselves
               to
               pry
               into
               the
               King's
               Titles
               ;
               for
               that
               however
               it
               fell
               ,
               their
               Safety
               was
               already
               provided
               for
               .
            
             And
             as
             the
             late
             Author
             ,
             that
             cites
             my
             Lord
             Bacon
             for
             these
             Words
             ,
             adds
             very
             well
             ,
             
               The
               meanest
               Capacity
               will
               not
               be
               wanting
               for
               a
               Rule
               of
               that
               Subjection
               ,
               which
               every
               Soul
               owes
               to
               the
               higher
               Powers
               :
            
             but
             if
             the
             Subject
             ought
             first
             to
             satisfy
             himself
             ,
             touching
             the
             Right
             of
             his
             Prince
             (
             especially
             in
             such
             a
             time
             of
             contest
             as
             there
             was
             many
             Years
             betwixt
             York
             and
             Lancaster
             )
             certainly
             every
             Soul
             could
             hardly
             be
             so
             well
             satisfied
             ,
             as
             to
             be
             subject
             for
             Conscience
             sake
             .
          
        
         
           
           
             
               CHAP.
               VIII
            
             .
             Whether
             a
             King
             can
             make
             Laws
             ,
             limiting
             the
             Crown
             .
          
           
             Obj.
             THough
             it
             be
             acknowledged
             that
             a
             King
             
               de
               facto
            
             hath
             Power
             to
             make
             other
             Laws
             ,
             viz.
             Laws
             for
             Peace
             and
             Justice
             ,
             yet
             it
             is
             a
             Doubt
             whether
             a
             King
             that
             hath
             no
             right
             to
             the
             Crown
             ,
             can
             make
             Laws
             for
             limiting
             the
             Succession
             of
             the
             Crown
             ,
             as
             is
             now
             to
             be
             done
             .
          
           
             Answ
             .
             It
             is
             confess'd
             ,
             that
             when
             it
             was
             pleaded
             against
             the
             Title
             and
             Claim
             of
             the
             Duke
             of
             York
             ,
             that
             there
             were
             divers
             
               Entails
               made
               to
               the
               Heirs
               Males
               of
            
             Hen.
             4.
             
             It
             was
             answered
             ,
             
               There
               had
               been
               none
               made
               by
               any
               Parliament
               heretofore
               as
               it
               is
               surmised
               ,
               but
               only
               in
               the
               seventh
               Year
               of
               K.
            
             Henry
             
               the
               Fourth
               .
               —
               But
               that
               Act
               taketh
               no
               place
               against
               him
               that
               is
               right
               Inheritor
               ,
            
             &c.
             
             
               Howbeit
               all
               other
               Acts
               made
               in
               the
               said
               Parliament
               since
               ,
               have
               been
               and
               are
               sufficient
               against
               all
               other
               Persons
               .
            
             Upon
             this
             Law
             ,
             the
             foresaid
             Distinction
             seems
             grounded
             ;
             but
             I
             think
             very
             weakly
             for
             these
             Reasons
             :
          
           
             1.
             
             Because
             this
             very
             Law
             mentions
             Henry
             the
             Fourth
             ,
             with
             the
             Addition
             and
             Title
             of
             King
             ,
             without
             any
             Diminution
             ,
             as
             appears
             in
             the
             Words
             cited
             .
          
           
             2.
             
             The
             ground
             upon
             which
             that
             Entail
             was
             declared
             Null
             ,
             was
             not
             a
             want
             of
             Power
             in
             King
             and
             Parliament
             ,
             to
             make
             a
             Law
             about
             the
             Succession
             ;
             but
             as
             they
             declare
             ,
             in
             the
             Dukes
             first
             Answer
             ,
             That
             no
             Oath
             ,
             being
             the
             Law
             of
             Man
             ,
             ought
             to
             be
             performed
             ,
             when
             
               the
               same
               is
               against
               the
               Truth
               ,
               and
               the
               Law
               of
               God
               :
            
             implying
             ,
             as
             afterwards
             they
             speak
             out
             ,
             it
             was
             a
             Law
             ,
             though
             of
             Man
             ,
             it
             faileth
             not
             for
             want
             of
             Authority
             ,
             being
             made
             by
             a
             King
             
               de
               facto
            
             with
             his
             Parliament
             ;
             but
             the
             reason
             why
             it
             could
             not
             oblige
             ,
             was
             taken
             from
             the
             matter
             of
             it
             ,
             it
             diverted
             the
             Descent
             and
             Succession
             of
             the
             Crown
             ,
             according
             to
             
               Right
               of
               Inheritance
            
             .
          
           
             3.
             
             The
             Argument
             that
             a
             King
             
               de
               facto
            
             hath
             no
             Power
             to
             make
             Laws
             to
             limit
             the
             Crown
             ,
             because
             he
             is
             supposed
             to
             have
             no
             Right
             to
             the
             Crown
             himself
             :
             I
             say
             ,
             this
             seems
             not
             cogent
             .
             'T
             is
             true
             ,
             't
             is
             supposed
             he
             had
             no
             Right
             at
             first
             ,
             and
             his
             Usurpation
             cannot
             be
             thought
             to
             create
             any
             just
             Title
             to
             the
             Crown
             ,
             
             yet
             when
             he
             hath
             it
             ,
             hath
             not
             he
             Right
             ,
             or
             rather
             Authority
             in
             Law
             ,
             by
             his
             Possession
             ,
             to
             use
             it
             ?
             that
             is
             ,
             to
             make
             Laws
             .
             If
             not
             ,
             then
             all
             the
             Laws
             he
             makes
             ,
             even
             those
             for
             Peace
             and
             Justice
             ,
             are
             void
             ,
             for
             want
             of
             Authority
             ,
             which
             this
             very
             Law
             against
             the
             Entail
             of
             Hen.
             4.
             denies
             .
          
           
             I
             grant
             ,
             all
             positive
             Laws
             made
             by
             a
             rightful
             King
             ,
             or
             by
             an
             Usurper
             ,
             are
             equally
             voidable
             ,
             
               i.
               e.
            
             repealable
             .
             But
             if
             we
             speak
             of
             such
             Laws
             as
             are
             void
             of
             themselves
             ,
             it
             seems
             to
             me
             ,
             they
             must
             be
             so
             ,
             one
             of
             these
             two
             ways
             ;
             Either
             for
             want
             of
             due
             Authority
             to
             make
             Laws
             ;
             Or
             ,
             with
             respect
             to
             something
             in
             the
             Matter
             of
             such
             Laws
             as
             is
             destructive
             of
             them
             .
          
           
             For
             the
             first
             way
             ,
             't
             is
             granted
             me
             ,
             that
             a
             King
             
               de
               facte
            
             only
             ,
             hath
             Authority
             enough
             to
             make
             Laws
             generally
             speaking
             :
             if
             his
             Laws
             therefore
             be
             not
             of
             force
             to
             limit
             the
             Succession
             ,
             't
             is
             for
             another
             reason
             mention'd
             before
             ,
             taken
             from
             that
             
               special
               Matter
            
             of
             the
             Right
             of
             Inheritance
             ,
             which
             ,
             it
             is
             thought
             ,
             cannot
             be
             infringed
             by
             any
             Law
             of
             Man.
             
          
           
             Hence
             't
             is
             still
             a
             doubt
             with
             me
             ,
             whether
             a
             King
             
               de
               facto
            
             hath
             not
             an
             equal
             Power
             with
             the
             most
             rightful
             King
             to
             make
             any
             Law
             ,
             even
             touching
             the
             Crown
             ,
             as
             any
             thing
             else
             .
          
           
             Suppose
             a
             King
             
               de
               facto
            
             ,
             after
             some
             Contests
             about
             the
             Succession
             ,
             settle
             the
             Crown
             as
             it
             ought
             to
             go
             ,
             Is
             not
             such
             a
             Law
             a
             good
             Law
             ?
             Wherein
             can
             it
             fail
             ?
             neither
             in
             Matter
             nor
             
             Authority
             .
             Again
             ,
             the
             most
             rightful
             King
             ,
             in
             and
             by
             his
             Law
             ,
             limits
             the
             Crown
             ,
             as
             it
             ought
             not
             to
             be
             ;
             Is
             that
             Law
             a
             good
             Law
             ?
             No
             Power
             can
             make
             a
             Law
             that
             is
             
               malam
               in
               se
            
             ,
             to
             be
             bonam
             .
          
           
             I
             confess
             ,
             I
             see
             no
             difference
             in
             the
             Legislative
             Power
             of
             a
             King
             regnant
             ,
             whether
             with
             or
             without
             Right
             ;
             especially
             ,
             seeing
             the
             Parliament
             ,
             which
             is
             the
             Body
             of
             the
             Kingdom
             ,
             choose
             the
             Matter
             ,
             and
             give
             Authority
             to
             the
             Laws
             ,
             as
             well
             as
             the
             King.
             
          
           
             But
             this
             Nicety
             need
             not
             trouble
             us
             under
             their
             present
             Majesties
             ,
             whose
             Title
             to
             the
             Crown
             ,
             I
             hope
             ,
             is
             unquestionable
             as
             well
             as
             their
             Possession
             of
             it
             .
             Besides
             ,
             there
             is
             no
             room
             for
             this
             Objection
             among
             all
             our
             Scruples
             about
             the
             Oath
             of
             Allegiance
             ;
             for
             ,
             in
             our
             private
             Capacity
             ,
             we
             are
             not
             to
             answer
             for
             Errors
             in
             Government
             .
             If
             the
             Succession
             can
             be
             supposed
             to
             be
             limited
             in
             any
             Point
             amiss
             ,
             how
             can
             we
             help
             it
             ?
             What
             's
             that
             to
             our
             Duty
             ?
             how
             are
             we
             concerned
             ?
             The
             Law
             doth
             not
             require
             
             us
             to
             assert
             or
             swear
             to
             the
             Act
             of
             setling
             the
             Crown
             for
             the
             future
             ,
             it
             requires
             only
             our
             Obedience
             to
             our
             present
             gracious
             King
             and
             Queen
             ;
             and
             we
             do
             our
             Duty
             ,
             if
             we
             look
             no
             further
             .
          
        
         
           
             
               CHAP.
               IX
            
             .
             The
             Honour
             of
             the
             Church
             of
             England
             ,
             no
             just
             Objection
             against
             our
             taking
             the
             new
             Oath
             .
          
           
             Obj.
             I
             Have
             heard
             it
             offer'd
             by
             some
             ,
             that
             tho
             it
             be
             lawful
             to
             submit
             to
             the
             present
             Government
             ,
             and
             to
             take
             the
             
               new
               Oath
            
             of
             Allegiance
             ,
             yet
             by
             our
             doing
             it
             ,
             the
             
               Church
               of
               England
            
             suffers
             in
             her
             Honour
             ,
             and
             her
             
               distinguishing
               Character
            
             of
             Loyalty
             .
          
           
             Sol.
             I
             have
             some
             Reason
             to
             hope
             ,
             that
             with
             several
             Persons
             ,
             not
             perfectly
             reconciled
             or
             satisfied
             ,
             this
             is
             the
             last
             Objection
             that
             remains
             unanswered
             .
             I
             shall
             therefore
             briefly
             ,
             with
             all
             the
             Strength
             I
             have
             at
             present
             ,
             set
             my self
             to
             remove
             it
             ,
             and
             so
             conclude
             .
          
           
             1.
             
             I
             confess
             ,
             Loyalty
             hath
             been
             reckoned
             the
             Character
             of
             the
             Church
             of
             England
             ,
             and
             in
             a
             great
             measure
             ,
             very
             deservedly
             :
             but
             if
             we
             mean
             such
             Loyalty
             as
             doth
             distinguish
             her
             from
             
               all
               other
            
             Churches
             of
             Christians
             in
             the
             World
             ,
             it
             may
             be
             an
             Argument
             of
             Singularity
             ,
             and
             Reflection
             upon
             all
             other
             Protestant
             Churches
             ,
             (
             as
             well
             as
             Popish
             )
             Principles
             and
             Practices
             ,
             as
             some
             lately
             have
             made
             manifest
             demonstration
             .
             And
             how
             honourable
             or
             laudable
             that
             is
             ,
             I
             determine
             not
             ,
             but
             it
             may
             be
             considered
             .
          
           
             2.
             
             I
             perceive
             the
             Movers
             of
             this
             Objection
             do
             not
             say
             ,
             that
             't
             is
             unlawful
             to
             take
             the
             new
             Oath
             :
             and
             indeed
             ,
             that
             is
             granted
             in
             the
             nature
             of
             the
             Objection
             ;
             for
             if
             the
             Oath
             be
             refused
             only
             ,
             because
             't
             is
             dishonourable
             to
             take
             it
             ,
             't
             is
             supposed
             to
             be
             in
             
               it self
               lawful
            
             ,
             tho
             not
             expedient
             :
             And
             indeed
             ,
             the
             Argument
             would
             have
             force
             enough
             ,
             if
             there
             were
             not
             some
             heavier
             Thing
             than
             Honour
             to
             be
             put
             into
             the
             other
             Scale
             .
          
           
             3.
             
             And
             thus
             the
             present
             Argument
             is
             not
             directly
             
               Matter
               of
               Conscience
            
             ,
             but
             of
             Prudence
             :
             For
             the
             Matter
             
               in
               genere
            
             ,
             and
             in
             its
             first
             Consideration
             ,
             is
             granted
             to
             be
             indifferent
             ;
             and
             't
             is
             
             to
             be
             determined
             to
             be
             good
             or
             evil
             by
             the
             Addition
             of
             something
             to
             it
             ,
             in
             our
             special
             and
             secondary
             Consideration
             .
             Now
             here
             you
             lay
             Honour
             and
             Reputation
             in
             the
             Scale
             ,
             and
             this
             hath
             its
             Weight
             ;
             but
             if
             we
             put
             Necessity
             against
             Honour
             and
             Reputation
             ,
             the
             Weight
             of
             these
             is
             inconsiderable
             ;
             and
             what
             is
             the
             Consequence
             ?
             Why
             ,
             that
             which
             we
             thought
             was
             not
             to
             be
             done
             ,
             because
             it
             was
             dishonourable
             ,
             we
             see
             it
             must
             be
             done
             ,
             because
             't
             is
             necessary
             :
             This
             is
             the
             Law
             of
             Prudence
             ;
             and
             Expediency
             changeth
             sides
             :
             that
             which
             was
             expedient
             not
             to
             be
             done
             ,
             for
             the
             sake
             of
             Reputation
             ;
             't
             is
             now
             expedient
             it
             should
             be
             done
             ,
             when
             the
             Necessity
             of
             it
             appears
             with
             its
             greater
             Weight
             .
          
           
             4.
             
             You
             already
             perceive
             how
             easily
             this
             applies
             it self
             to
             the
             Case
             in
             hand
             ,
             admitting
             something
             of
             Dishonour
             may
             in
             general
             ,
             and
             
               prima
               facie
            
             ,
             attend
             the
             Action
             ;
             for
             the
             very
             granting
             it
             to
             be
             an
             indifferent
             thing
             in
             it self
             ,
             whether
             I
             take
             this
             Oath
             or
             not
             ,
             plainly
             determines
             the
             Case
             ,
             and
             puts
             an
             end
             to
             the
             Controversy
             .
          
           
             5.
             
             For
             I
             boldly
             and
             peremptorily
             pronounce
             ,
             that
             if
             it
             be
             indifferent
             ,
             it
             hath
             such
             Additions
             and
             Circumstances
             ,
             as
             cannot
             but
             make
             it
             an
             
               indispensible
               Duty
               ,
               Rebus
               sic
               stantibus
            
             ;
             from
             the
             Argument
             or
             Ground
             of
             
               Necessity
               ,
               viz.
            
             both
             
               Precepti
               &
               Medii
            
             .
          
           
             6.
             
             First
             ,
             There
             is
             a
             necessity
             of
             the
             Precept
             or
             Law
             that
             
             makes
             it
             to
             be
             our
             Duty
             to
             take
             this
             Oath
             ,
             which
             is
             but
             the
             Security
             of
             our
             Allegiance
             ;
             't
             is
             required
             by
             the
             Nature
             of
             our
             Constitution
             ,
             and
             immemorial
             Custom
             ,
             which
             is
             our
             
               Common
               Law
            
             ;
             't
             is
             required
             from
             the
             Paction
             betwixt
             Prince
             and
             People
             ,
             to
             secure
             each
             other
             by
             their
             respective
             Oaths
             ;
             't
             is
             required
             by
             virtue
             of
             the
             Statute
             of
             Hen.
             7.
             whereby
             we
             are
             to
             acknowledg
             the
             King
             regnant
             ,
             to
             whom
             alone
             we
             owe
             Allegiance
             ,
             and
             must
             secure
             it
             .
             And
             lastly
             ,
             'T
             is
             expresly
             required
             in
             the
             Laws
             of
             our
             own
             making
             by
             our
             Representatives
             in
             the
             present
             Parliament
             ;
             in
             and
             by
             which
             Parliament
             the
             King
             and
             Queen
             have
             equally
             sworn
             and
             plighted
             their
             Troth
             to
             us
             .
             Whence
             Protection
             and
             Allegiance
             are
             both
             the
             natural
             and
             legal
             Results
             of
             the
             Relation
             betwixt
             King
             and
             Subject
             ,
             which
             very
             Titles
             do
             after
             a
             sort
             import
             so
             much
             .
          
           
             7.
             
             Nor
             is
             the
             taking
             this
             Oath
             necessary
             only
             by
             the
             Law
             of
             Nature
             ,
             and
             by
             the
             
               Common
               Law
            
             of
             the
             Land
             ,
             and
             Acts
             of
             Parliament
             ,
             but
             by
             the
             
               Law
               of
               God.
            
             If
             we
             should
             grant
             it
             to
             be
             perfectly
             indifferent
             without
             it
             ,
             yet
             we
             must
             grant
             ,
             that
             if
             
             it
             be
             determined
             by
             the
             Word
             of
             God
             ,
             it
             thereby
             becomes
             necessary
             .
             Now
             I
             should
             think
             ,
             that
             to
             obey
             the
             
               Powers
               in
               Being
            
             ,
             is
             as
             clearly
             commanded
             by
             the
             Law
             of
             God
             in
             the
             
               Holy
               Scriptures
            
             ,
             as
             by
             any
             other
             Law
             whatsoever
             :
             And
             that
             we
             cannot
             ,
             or
             do
             not
             obey
             the
             Powers
             in
             being
             ,
             if
             we
             refuse
             to
             take
             the
             Oath
             ;
             which
             ,
             we
             say
             ,
             is
             in
             it self
             indifferent
             ,
             when
             expresly
             required
             by
             the
             Laws
             of
             the
             Land.
             
          
           
             8.
             
             I
             think
             it
             is
             the
             Sense
             ,
             not
             only
             of
             the
             Church
             of
             England
             ,
             but
             of
             all
             good
             Christians
             ,
             that
             the
             Word
             of
             God
             makes
             it
             our
             Duty
             to
             obey
             the
             Government
             in
             all
             indifferent
             things
             made
             necessary
             by
             
               our
               own
            
             Laws
             :
             And
             that
             we
             are
             bound
             to
             such
             Obedience
             ,
             not
             only
             for
             Wrath
             ,
             but
             
               Conscience
               sake
            
             :
             Conscience
             towards
             God
             ,
             his
             Ordinance
             ,
             and
             Command
             :
             let
             us
             not
             misjudg
             it
             for
             our
             Honour
             or
             Reputation
             ,
             to
             change
             our
             boasted
             Loyalty
             into
             Disobedience
             ,
             which
             is
             scarce
             to
             be
             avoided
             without
             obeying
             the
             Laws
             of
             God
             and
             Man
             ,
             and
             taking
             the
             Oath
             .
          
           
             Secondly
             ,
             But
             were
             there
             no
             other
             Law
             requiring
             us
             to
             take
             this
             Oath
             ,
             Doth
             not
             the
             necessity
             of
             it
             ,
             as
             it
             is
             a
             Means
             ,
             make
             it
             
             our
             Duty
             ?
             What
             if
             Reputation
             weigh
             something
             with
             us
             ,
             doth
             not
             the
             Danger
             of
             the
             Publick
             ,
             continued
             by
             our
             Stiffness
             ,
             weigh
             more
             ?
             Do
             we
             talk
             of
             Honour
             ,
             when
             the
             Commonwealth
             lies
             at
             stake
             ?
             Is
             it
             comely
             for
             a
             Souldier
             to
             be
             playing
             with
             a
             Feather
             in
             his
             Cap
             ,
             when
             
               Hannibal
               is
               at
               the
               Gates
            
             ?
          
           
             1.
             
             Pardon
             me
             ,
             if
             
               Zeal
               hath
               eaten
               me
               up
            
             ,
             and
             I
             cannot
             contain
             :
             
               O
               Jerusalem
               ,
               for
               my
               Brethren
               and
               Companions
               Sakes
               ,
               I
               will
               now
               say
               ,
               Peace
               be
               within
               thee
               ,
               yea
               ,
               because
               of
               the
               House
               of
               the
               Lord
               our
               God
               I
               will
               seek
               to
               do
               thee
               good
               .
            
          
           
             2.
             
             Who
             considers
             how
             much
             is
             owing
             to
             niceness
             and
             strangeness
             to
             the
             Government
             ,
             for
             the
             Hazards
             and
             Blood
             of
             Ireland
             and
             Scotland
             already
             ?
             Who
             weighs
             the
             further
             Consequences
             of
             it
             both
             at
             home
             and
             abroad
             ?
             Where
             is
             our
             Compassion
             to
             our
             
               Protestant
               Brethren
            
             ,
             our
             Concern
             for
             the
             Reformation
             ,
             our
             Charity
             to
             the
             Kingdom
             ,
             our
             Justice
             to
             our
             Protectors
             ,
             our
             Kindness
             to
             our
             Friend
             ,
             our
             Gratitude
             to
             our
             Deliverer
             from
             Popery
             and
             Tyranny
             ?
             These
             are
             substantial
             and
             weighty
             Things
             ;
             And
             what
             are
             the
             Colours
             of
             a
             pretended
             Reputation
             in
             comparison
             of
             these
             ?
          
           
             3.
             
             What
             do
             we
             mean
             ,
             upon
             a
             point
             of
             Honour
             to
             throw
             a
             Glove
             to
             the
             Government
             ?
             Is
             it
             reasonable
             or
             fit
             for
             us
             to
             provoke
             
             the
             King
             to
             a
             quarrel
             ,
             who
             hath
             so
             many
             Enemies
             already
             ,
             and
             must
             stake
             three
             Kingdoms
             to
             our
             little
             Reputation
             ?
             Yea
             the
             Interest
             of
             the
             Protestant
             World
             too
             ,
             of
             which
             he
             is
             made
             the
             Protector
             ?
          
           
             4.
             
             Is
             it
             not
             Satisfaction
             enough
             for
             you
             ,
             that
             you
             have
             plaid
             the
             Men
             ,
             and
             stood
             it
             out
             as
             long
             as
             there
             was
             the
             least
             hopes
             of
             serving
             the
             Interest
             of
             the
             late
             King
             ,
             and
             so
             long
             vindicated
             your
             Loyalty
             to
             him
             ?
             Is
             is
             not
             now
             become
             morally
             impossible
             he
             should
             ever
             return
             but
             by
             the
             Assistance
             of
             the
             
               French
               King
            
             ?
             that
             is
             ,
             without
             inslaving
             us
             openly
             to
             the
             
               Antichristian
               Powers
            
             (
             of
             which
             he
             is
             the
             Head
             )
             under
             a
             haughty
             ,
             cruel
             ,
             and
             most
             
               barbarous
               Conqueror
            
             .
          
           
             5.
             
             Besides
             ,
             how
             unaccountable
             are
             Principles
             ,
             that
             engage
             a
             Man
             against
             his
             own
             ,
             as
             well
             as
             the
             publick
             Interest
             ?
             as
             if
             a
             Man
             were
             bound
             to
             oppose
             and
             fight
             with
             himself
             and
             all
             about
             him
             :
             certainly
             this
             is
             a
             miserable
             strait
             ,
             and
             such
             as
             one
             cannot
             imagine
             the
             wise
             and
             good
             Providence
             of
             God
             should
             bring
             us
             into
             .
          
           
             6.
             
             By
             disobeying
             the
             Law
             ,
             and
             our
             Distance
             with
             the
             Government
             ,
             we
             continue
             a
             Breach
             ,
             at
             which
             a
             common
             Destruction
             may
             enter
             ;
             then
             we
             know
             we
             are
             lost
             in
             the
             common
             Calamity
             .
             If
             God
             in
             Mercy
             prevent
             that
             ,
             and
             preserve
             us
             with
             wonder
             ,
             against
             our
             own
             Averseness
             ,
             as
             he
             hath
             done
             ,
             then
             there
             is
             yet
             a
             Breach
             betwixt
             the
             Government
             and
             us
             :
             If
             we
             do
             not
             destroy
             the
             Publick
             and
             our selves
             that
             way
             ,
             yet
             we
             may
             destroy
             our selves
             ,
             when
             we
             might
             help
             it
             .
          
           
             
               A
               man
               may
               be
               
                 Felo
                 de
                 se
              
               ,
               by
               destroying
               himself
               by
               our
               
               Law
               ;
               and
               
                 Fur
                 de
                 se
              
               ,
               by
               depriving
               and
               stealing
               himself
               from
               him
               ,
               to
               whom
               his
               
                 Service
                 is
                 due
              
               ,
               by
               the
               Imperial
               Law
               ;
               and
               
                 Proditor
                 de
                 se
              
               ,
               by
               the
               Law
               of
               Nature
               ,
               if
               he
               descend
               from
               the
               Dignity
               of
               Humanity
               ,
               and
               submit
               to
               the
               danger
               which
               he
               might
               avoid
               .
            
             
               I
               speak
               as
               to
               wise
               Men
               ;
               judg
               ye
               what
               I
               say
               .
            
          
           
             7.
             
             'T
             is
             a
             plain
             thing
             I
             am
             about
             to
             speak
             ,
             which
             ,
             if
             duly
             pondered
             ,
             must
             needs
             put
             an
             end
             to
             the
             whole
             Controversy
             ;
             at
             least
             I
             think
             so
             ;
             'T
             is
             this
             ;
          
           
             None
             can
             be
             ignorant
             that
             the
             late
             King
             hath
             put
             himself
             into
             that
             condition
             ,
             that
             the
             
               French
               King
            
             is
             now
             actually
             endeavouring
             to
             serve
             himself
             of
             him
             ,
             for
             the
             Conquest
             of
             these
             Kingdoms
             ;
             he
             hath
             put
             himself
             absolutely
             into
             the
             Monsieurs
             Power
             ;
             he
             truckles
             under
             him
             in
             the
             
               Irish
               Commissions
            
             ;
             he
             hath
             
             either
             sold
             his
             Dominions
             to
             that
             King
             ,
             or
             so
             delivered
             up
             his
             Interest
             in
             them
             to
             his
             Management
             ,
             that
             't
             is
             a
             piece
             of
             Madness
             to
             imagine
             but
             that
             the
             French
             will
             reap
             the
             Advantage
             of
             any
             Success
             God
             may
             suffer
             to
             be
             obtained
             against
             us
             .
             Perhaps
             we
             may
             think
             the
             poor
             King
             James
             was
             forced
             to
             it
             ;
             but
             I
             know
             you
             will
             say
             ,
             you
             had
             no
             hand
             in
             that
             force
             ,
             and
             you
             could
             not
             help
             it
             ;
             and
             is
             not
             the
             thing
             
               de
               facto
            
             so
             ?
             Is
             it
             any
             thing
             to
             you
             by
             what
             means
             ,
             or
             upon
             what
             Motives
             this
             came
             to
             pass
             ?
             but
             it
             being
             certainly
             so
             ,
             you
             cannot
             now
             think
             but
             that
             ,
             seeing
             the
             State
             of
             things
             is
             such
             ,
             your
             Allegiance
             to
             King
             James
             is
             ceased
             ;
             unless
             you
             owe
             it
             also
             to
             the
             King
             of
             France
             ,
             which
             God
             forbid
             ;
             for
             while
             you
             continue
             to
             discountenance
             the
             Government
             ,
             you
             cannot
             do
             more
             to
             further
             the
             Designs
             and
             Methods
             of
             our
             Ruin.
             
          
           
             8.
             
             The
             Apostle
             makes
             Expediency
             the
             Rule
             of
             our
             Practice
             ,
             in
             things
             indifferent
             ;
             so
             that
             some
             things
             are
             to
             be
             done
             ,
             or
             not
             to
             be
             done
             ,
             because
             expedient
             ,
             or
             not
             expedient
             ;
             upon
             which
             this
             Objection
             is
             urg'd
             .
             Now
             if
             it
             be
             indifferent
             in
             it self
             to
             take
             or
             refuse
             the
             Oath
             ,
             I
             hope
             what
             hath
             been
             said
             is
             enought
             to
             satisfy
             us
             where
             the
             Expediency
             lies
             .
             All
             things
             are
             not
             expedient
             ;
             Why
             ?
             Because
             all
             things
             edify
             not
             ;
             much
             more
             if
             they
             ruine
             and
             destroy
             .
             It
             is
             something
             ,
             
               Non
               promovent
               publicum
               Ecclefiae
               bonum
            
             ,
             if
             they
             do
             not
             promote
             the
             publick
             Good
             of
             the
             Church
             ;
             much
             more
             
               si
               magis
               destruant
            
             ,
             if
             they
             tend
             to
             its
             Destruction
             ,
             as
             Authors
             gloss
             upon
             the
             Text.
             
          
           
             9.
             
             One
             would
             think
             this
             Consideration
             might
             fully
             convince
             us
             that
             our
             Obligation
             to
             the
             present
             King
             ,
             &c.
             is
             widely
             different
             from
             that
             which
             lay
             upon
             the
             People
             during
             Oliver's
             Usurpation
             ;
             
             they
             had
             reason
             to
             refuse
             ,
             or
             at
             least
             to
             suspend
             the
             Recognition
             of
             a
             Tyrant
             ,
             whose
             Government
             was
             Arbitrary
             ,
             and
             was
             never
             owned
             by
             the
             People
             in
             a
             Free
             Parliament
             ;
             who
             never
             took
             upon
             him
             the
             name
             of
             King
             ,
             the
             proper
             Title
             of
             our
             Soveraign
             in
             all
             our
             Laws
             ;
             under
             whose
             Violence
             and
             great
             Oppression
             the
             Kingdom
             in
             general
             groaned
             for
             Deliverance
             in
             the
             return
             of
             their
             
               rightful
               King
            
             ;
             and
             might
             laudably
             hazard
             their
             Lives
             and
             Estates
             ,
             if
             there
             was
             any
             hopes
             ;
             the
             Accomplishment
             whereof
             by
             the
             wonderful
             Providence
             in
             its
             due
             time
             was
             happily
             effected
             in
             the
             Restauration
             of
             King
             Charles
             the
             second
             .
          
           
           
             But
             what
             is
             our
             case
             now
             ?
             is
             it
             not
             quite
             contrary
             ?
             We
             do
             acknowledg
             we
             are
             now
             rescued
             even
             from
             Destruction
             as
             well
             as
             Oppression
             ,
             And
             what
             can
             we
             look
             for
             upon
             a
             
               new
               Change
            
             but
             a
             Scene
             of
             Blood
             ,
             the
             Loss
             of
             all
             our
             Civil
             and
             Ecclesiastical
             Liberties
             ,
             under
             French
             and
             Popish
             Slavery
             ?
             What
             can
             we
             hope
             for
             ,
             if
             the
             Lion
             bereft
             of
             his
             Whelps
             ,
             thirsting
             after
             Revenge
             ,
             be
             let
             loose
             upon
             us
             ?
             Will
             not
             his
             Rod
             that
             smarted
             before
             ,
             be
             turned
             into
             a
             Scorpion
             ,
             and
             the
             latter
             end
             of
             his
             Tyranny
             be
             worse
             than
             the
             beginning
             ?
          
           
             10.
             
             Blessed
             be
             God
             ,
             there
             is
             an
             
               unclean
               Spirit
            
             ejected
             ,
             and
             our
             
               House
               is
               swept
               and
               garnished
            
             ;
             Is
             his
             Return
             to
             be
             courted
             ,
             or
             indeed
             to
             be
             hazarded
             ?
             If
             he
             should
             re-enter
             ,
             will
             he
             not
             pester
             us
             with
             more
             and
             worse
             Devils
             if
             possible
             ;
             when
             in
             vain
             and
             too
             late
             ,
             perhaps
             we
             may
             wish
             we
             had
             never
             encouraged
             or
             occasioned
             our
             renewed
             and
             aggravated
             Misery
             .
             It
             highly
             concerns
             us
             to
             do
             what
             we
             can
             to
             prevent
             it
             ;
             and
             I
             see
             no
             other
             way
             left
             us
             to
             shew
             our
             Apprehension
             of
             the
             danger
             ,
             but
             by
             comforting
             the
             King
             who
             ,
             under
             God
             ,
             hath
             dispossess'd
             us
             ;
             and
             who
             only
             ,
             under
             Heaven
             ,
             is
             the
             visible
             Instrument
             of
             our
             Preservation
             from
             that
             
               last
               Estate
            
             (
             to
             use
             our
             Saviour's
             Words
             )
             
               that
               will
               be
               worse
               than
               the
               first
            
             ;
             which
             I
             hope
             we
             are
             yet
             sensible
             was
             bad
             enough
             ;
             and
             how
             we
             can
             do
             this
             ,
             without
             assuring
             him
             of
             our
             grateful
             and
             cheerful
             Allegiance
             and
             Fidelity
             ,
             by
             taking
             the
             Oath
             ,
             I
             cannot
             see
             ,
             at
             least
             I
             doubt
             not
             but
             enough
             hath
             been
             said
             to
             demonstrate
             the
             Inexpediency
             of
             our
             continuing
             to
             refuse
             it
             ,
             and
             consequently
             upon
             that
             Argument
             ;
             a
             Necessity
             of
             taking
             it
             ;
             notwithstanding
             the
             Objection
             of
             the
             Reputation
             of
             the
             Church
             of
             England
             for
             her
             singular
             Loyalty
             .
          
           
             11.
             
             To
             conclude
             ;
             I
             need
             not
             mind
             you
             ,
             since
             the
             three
             Estates
             in
             Parliament
             ,
             with
             the
             Generality
             both
             of
             the
             Gentry
             and
             Clergy
             throughout
             the
             Kingdom
             ,
             have
             left
             you
             (
             perhaps
             three
             or
             four
             in
             a
             County
             ,
             take
             one
             County
             with
             another
             )
             that
             yet
             stand
             out
             ;
             I
             say
             ,
             I
             need
             not
             mind
             these
             very
             few
             in
             comparison
             ,
             how
             fitly
             they
             took
             to
             themselves
             the
             Name
             of
             the
             Church
             of
             
               England
               ▪
            
             or
             how
             likely
             a
             thing
             it
             is
             for
             them
             ,
             by
             scrupling
             the
             Oath
             ,
             to
             preserve
             her
             Reputation
             of
             Loyalty
             in
             their
             own
             sense
             .
             Let
             the
             time
             past
             suffice
             ,
             that
             they
             have
             endeavoured
             it
             so
             long
             as
             there
             was
             any
             hopes
             to
             do
             it
             ;
             but
             now
             if
             the
             case
             be
             plainly
             desperate
             ,
             't
             is
             time
             for
             them
             ,
             upon
             
             all
             the
             Arguments
             ,
             so
             many
             worthy
             Men
             as
             have
             laboured
             in
             Print
             for
             their
             Satisfaction
             ,
             to
             cry
             Quarter
             ,
             and
             to
             yield
             to
             the
             prevailing
             Power
             ;
             I
             mean
             to
             come
             in
             and
             submit
             ,
             and
             give
             the
             required
             Security
             thereof
             ,
             by
             taking
             the
             Oath
             of
             Allegiance
             to
             King
             WILLIAM
             and
             Queen
             MARY
             ,
             whom
             God
             long
             preserve
             and
             prosper
             .
          
        
      
       
         
           AN
           APPENDIX
           .
        
         
           The
           Objection
           from
           the
           Word
           Allegiance
           considered
           .
        
         
           AFter
           I
           had
           put
           an
           end
           to
           my
           former
           Discourse
           ,
           I
           heard
           of
           the
           following
           Objection
           .
        
         
           Object
           .
           It
           is
           said
           ,
           that
           Allegiance
           being
           the
           Word
           in
           the
           new
           ,
           as
           well
           as
           in
           the
           Old
           Oath
           ;
           it
           seems
           ,
           it
           ought
           to
           be
           understood
           in
           the
           same
           Latitude
           and
           Sense
           in
           both
           :
           Then
           how
           can
           we
           safely
           swear
           Allegiance
           to
           the
           present
           King
           and
           Queen
           in
           the
           same
           sense
           ,
           in
           which
           we
           have
           sworn
           Allegiance
           to
           the
           former
           King
           ,
           while
           the
           former
           King
           is
           alive
           ?
        
         
           Answ
           .
           I
           hear
           this
           is
           the
           Scruple
           of
           some
           ingenuous
           Persons
           ;
           for
           whose
           sake
           I
           shall
           accommodate
           my
           Answer
           to
           their
           own
           Principles
           ,
           as
           neer
           as
           I
           can
           :
           first
           ,
           by
           shewing
           ,
           that
           those
           two
           Oaths
           ,
           though
           both
           are
           called
           Oaths
           of
           Allegiance
           ,
           yet
           they
           are
           not
           of
           the
           same
           Latitude
           in
           the
           matter
           of
           them
           .
           Secondly
           ,
           that
           though
           in
           a
           great
           measure
           ,
           they
           are
           admitted
           to
           have
           the
           same
           sense
           ;
           and
           though
           in
           that
           sense
           in
           which
           we
           have
           sworn
           Allegiance
           to
           the
           former
           King
           ,
           we
           are
           required
           to
           swear
           Allegiance
           to
           the
           present
           King
           and
           Queen
           ,
           yet
           we
           safely
           and
           honestly
           do
           it
           .
        
         
           1.
           
           For
           the
           first
           .
           It
           is
           plain
           ,
           that
           the
           former
           Oath
           ,
           though
           it
           be
           called
           the
           
             Oath
             of
             Allegiance
          
           ,
           yet
           it
           hath
           more
           in
           the
           
           matter
           of
           it
           ,
           than
           can
           be
           imported
           in
           the
           Word
           Allegiance
           ;
           it
           hath
           two
           manifest
           parts
           of
           a
           different
           Nature
           ;
           the
           first
           acknowledgeth
           the
           King's
           just
           Title
           to
           the
           Crown
           ,
           as
           rightful
           King
           ;
           and
           is
           found
           in
           the
           form
           of
           an
           
             Assertory
             Oath
          
           .
        
         
           The
           other
           is
           as
           plainly
           
             promissory
             ;
             I
             will
             bear
             Faith
             and
             true
             Allegiance
             ,
          
           &c.
           
           Now
           though
           with
           respect
           to
           this
           promissory
           part
           of
           the
           old
           Oath
           ,
           we
           should
           grant
           ,
           that
           by
           the
           new
           Oath
           we
           are
           to
           swear
           in
           the
           same
           words
           ,
           and
           in
           the
           same
           sense
           ;
           yet
           't
           is
           more
           than
           evident
           ,
           that
           these
           Words
           cannot
           be
           intended
           to
           assert
           any
           thing
           about
           the
           Title
           of
           the
           Crown
           ;
           and
           in
           all
           likelihood
           ,
           the
           Assertory
           part
           of
           the
           former
           Oath
           was
           left
           out
           on
           purpose
           in
           the
           new
           ,
           to
           avoid
           matter
           of
           Scruple
           or
           Offence
           .
        
         
           Yet
           't
           is
           confess'd
           that
           Argument
           suffers
           but
           little
           in
           its
           Strength
           ,
           if
           both
           these
           Oaths
           agree
           ,
           or
           are
           the
           same
           in
           any
           substantial
           matter
           ,
           while
           Men
           doubt
           that
           the
           former
           Oath
           doth
           oblige
           them
           to
           bear
           Allegiance
           to
           King
           James
           ,
           in
           the
           same
           sense
           in
           which
           we
           are
           required
           to
           take
           the
           new
           one
           .
           It
           behoves
           me
           therefore
           now
           to
           prove
           the
           second
           thing
           proposed
           ,
           viz.
           That
           
             though
             Allegiance
             have
             the
             same
             sense
             and
             meaning
             in
             both
             ,
             and
             we
             have
             before
             sworn
             it
             to
             King
          
           James
           
             in
             that
             sense
             ,
             yet
             we
             may
             safely
             and
             honestly
             swear
             to
             bear
             Faith
             and
             true
             Allegiance
             to
             King
          
           William
           
             and
             Queen
          
           Mary
           .
        
         
           Object
           .
           The
           Objection
           ,
           in
           short
           is
           this
           ,
           If
           Allegiance
           sworn
           to
           King
           James
           be
           due
           to
           him
           by
           virtue
           of
           our
           Oath
           ,
           it
           cannot
           be
           due
           to
           King
           William
           and
           Queen
           Mary
           in
           the
           same
           sense
           it
           is
           due
           to
           King
           James
           .
        
         
           Answ
           .
           The
           Answer
           is
           as
           short
           ;
           for
           if
           Allegiance
           be
           due
           to
           King
           William
           and
           Queen
           Mary
           ,
           in
           the
           same
           sense
           that
           we
           swore
           to
           King
           James
           ;
           then
           't
           is
           not
           due
           to
           King
           James
           ,
           tho
           we
           so
           swore
           :
           For
           our
           former
           Oath
           cannot
           oblige
           us
           to
           King
           James
           ,
           to
           the
           injury
           of
           King
           William
           and
           Queen
           Mary
           ,
           it
           would
           then
           be
           a
           
             Bond
             of
             Iniquity
          
           .
        
         
           We
           see
           the
           Objection
           and
           Answer
           stand
           both
           upon
           the
           same
           ground
           ,
           namely
           ,
           That
           Obedience
           or
           Allegiance
           cannot
           be
           due
           to
           
             two
             Kings
          
           in
           the
           same
           sense
           at
           once
           .
           Therefore
           if
           I
           prove
           that
           Allegiance
           is
           due
           to
           the
           present
           King
           and
           Queen
           ,
           it
           must
           be
           yielded
           ,
           that
           our
           former
           Oath
           to
           King
           James
           cannot
           oblige
           us
           to
           pay
           such
           Allegiance
           to
           him
           .
        
         
         
           My
           Argument
           is
           this
           ;
           Allegiance
           is
           due
           to
           the
           
             Supreme
             Power
             in
             being
          
           ,
           therefore
           it
           cannot
           be
           due
           in
           the
           same
           sense
           to
           any
           other
           ;
           because
           the
           same
           Allegiance
           cannot
           be
           due
           to
           two
           Kings
           at
           once
           :
           but
           King
           
             William
             ,
             &c.
          
           are
           the
           Supreme
           Power
           in
           Being
           .
        
         
           To
           this
           ,
           what
           can
           be
           replied
           ,
           but
           either
           ,
           that
           King
           William
           and
           Queen
           Mary
           are
           not
           the
           
             Supreme
             Power
             in
             Being
          
           ,
           against
           all
           sense
           ;
           or
           ,
           that
           Allegiance
           is
           not
           due
           to
           the
           Supream
           
             Power
             in
             being
          
           ,
           against
           all
           kind
           of
           Law
           ,
           as
           I
           shall
           shew
           presently
           .
        
         
           Object
           .
           But
           may
           it
           not
           be
           supposed
           ,
           that
           there
           may
           be
           a
           King
           
             de
             jure
          
           ,
           that
           is
           not
           so
           
             de
             facto
          
           ?
           And
           is
           there
           no
           Allegiance
           due
           to
           such
           a
           King
           ,
           especially
           if
           we
           have
           sworn
           it
           to
           him
           ?
        
         
           Answ
           .
           But
           was
           he
           not
           King
           
             de
             facto
          
           ,
           as
           well
           as
           
             de
             jure
          
           ,
           when
           we
           swore
           Allegiance
           to
           him
           ?
           Was
           that
           Oath
           ever
           taken
           ,
           but
           to
           the
           King
           ,
           and
           under
           that
           very
           consideration
           ,
           as
           actually
           our
           King
           ?
           We
           suppose
           a
           King
           
             de
             jure
          
           ,
           but
           what
           's
           that
           ?
           He
           hath
           Right
           to
           be
           King
           :
           And
           doth
           not
           that
           very
           thing
           prove
           that
           he
           is
           not
           King
           ,
           as
           he
           hath
           Right
           to
           be
           ?
           And
           consequently
           he
           hath
           Right
           to
           our
           Allegiance
           no
           otherwise
           ,
           but
           as
           he
           hath
           Right
           to
           be
           King
           ,
           and
           dependently
           upon
           it
           ?
           that
           is
           ,
           remotely
           ,
           and
           upon
           the
           supposition
           ,
           that
           he
           obtain
           his
           Right
           ,
           and
           be
           actually
           King
           again
           ,
           as
           he
           was
           when
           we
           first
           sware
           Allegiance
           to
           him
           .
        
         
           Here
           the
           Rule
           seems
           to
           have
           place
           ;
           [
           
             Rebus
             sic
             stantibus
          
           ]
           we
           owe
           Allegiance
           to
           the
           King
           while
           he
           is
           actually
           so
           :
           if
           he
           ceases
           to
           be
           so
           ,
           we
           do
           not
           owe
           him
           that
           Allegiance
           that
           is
           due
           to
           a
           King
           in
           Possession
           :
           if
           he
           have
           a
           Right
           to
           be
           King
           ,
           we
           do
           not
           therefore
           owe
           him
           actual
           Obedience
           ,
           until
           he
           recover
           and
           enjoy
           ,
           or
           have
           that
           Right
           indeed
           ,
           upon
           which
           depends
           our
           Obebedience
           .
           Our
           Oath
           at
           first
           included
           that
           known
           Condition
           ,
           
             Si
             res
             in
             eodem
             statu
             permanserint
             .
          
        
         
           Object
           .
           But
           we
           have
           sworn
           to
           King
           James
           ,
           and
           who
           can
           absolve
           us
           ?
           or
           how
           can
           our
           Obligation
           to
           him
           cease
           ,
           or
           be
           dissolved
           ?
        
         
           Answ
           .
           The
           strict
           Question
           here
           ,
           is
           not
           ,
           whether
           that
           Obligation
           be
           suspended
           only
           ,
           or
           wholly
           taken
           off
           ?
           that
           is
           ,
           Whether
           there
           remains
           no
           Obligation
           upon
           us
           to
           King
           James
           ?
           but
           whether
           the
           Obligation
           be
           such
           as
           prevents
           or
           hinders
           our
           lawful
           swearing
           Allegiance
           to
           the
           Powers
           in
           being
           ?
           There
           is
           a
           Duty
           owing
           to
           the
           present
           Government
           ,
           which
           must
           be
           first
           allowed
           ;
           and
           then
           the
           supposed
           Obligation
           to
           the
           late
           King
           ,
           what
           
           ever
           it
           be
           ,
           must
           be
           such
           as
           may
           consist
           with
           that
           Duty
           .
        
         
           I
           need
           not
           here
           mention
           how
           many
           Ways
           our
           Allegiance
           to
           the
           late
           King
           is
           ceas'd
           ;
           From
           the
           removal
           of
           the
           Object
           ,
           he
           ceasing
           to
           be
           King
           ;
           From
           the
           Rule
           of
           all
           Allegiance
           ,
           the
           present
           Laws
           ;
           the
           Reason
           and
           End
           of
           Government
           ,
           or
           the
           like
           .
           'T
           is
           enough
           to
           my
           present
           purpose
           to
           prove
           
             that
             Allegiance
             is
             due
          
           ,
           and
           consequently
           we
           may
           lawfully
           take
           the
           
             new
             Oath
          
           to
           our
           present
           King
           and
           Queen
           .
           And
           therefore
           no
           consideration
           of
           any
           
             former
             Oath
          
           should
           make
           us
           deny
           or
           delay
           the
           performance
           of
           our
           Duty
           to
           them
           .
        
         
           This
           is
           the
           Point
           I
           am
           come
           to
           prove
           ,
           which
           seems
           to
           me
           very
           easy
           to
           be
           done
           ,
           From
           the
           Law
           of
           Nature
           ;
           the
           Law
           of
           holy
           Scripture
           ;
           and
           the
           Laws
           of
           the
           Land.
           
        
         
           First
           ,
           Obedience
           to
           our
           
             Parents
             ,
             civil
          
           as
           well
           as
           natural
           ,
           is
           a
           
           
             Law
             of
             Nature
          
           .
           Our
           actual
           Governours
           are
           our
           
             nursing
             Fathers
          
           and
           
             nursing
             Mothers
          
           :
           this
           is
           of
           moral
           and
           eternal
           Reason
           ;
           and
           the
           Obligation
           thence
           upon
           us
           ,
           is
           antecedent
           to
           any
           Obligation
           ,
           that
           we
           can
           be
           supposed
           to
           contract
           by
           our
           Oath
           to
           any
           particular
           Person
           contrary
           thereunto
           ;
           which
           ,
           as
           our
           Law
           saith
           ,
           is
           but
           of
           
             human
             Provision
          
           .
        
         
           Our
           Law-Books
           ground
           our
           Allegiance
           upon
           the
           same
           Reason
           ;
           
             Protectio
             trahit
             Subjectionem
          
           :
           Allegiance
           is
           founded
           in
           Protection
           
           upon
           moral
           Arguments
           of
           Justice
           and
           Gratitude
           .
           And
           the
           
           Casuist
           affirms
           ,
           
             Allegiance
             is
             intrinsecal
             ,
             and
             so
             essential
             a
             Duty
             ,
             and
             as
             it
             were
             ,
             fundamental
             to
             the
             Relation
             of
             a
             Subject
             ,
             (
             
               qua
               talis
            
             )
             as
             that
             the
             very
             Name
             of
             a
             Subject
             doth
             after
             a
             sort
             import
             it
             .
          
           The
           Consequence
           is
           ,
           that
           Allegiance
           is
           not
           due
           to
           one
           ,
           that
           hath
           not
           Possession
           ,
           and
           therefore
           hath
           not
           power
           to
           protect
           us
           ,
           whatsoever
           his
           Right
           may
           be
           ;
           but
           it
           is
           due
           to
           the
           
             present
             King
             ,
             &c.
          
           that
           doth
           
             in
             fact
          
           protect
           us
           without
           any
           Consideration
           of
           his
           Right
           to
           the
           Crown
           .
        
         
           2.
           
           Allegiance
           (
           faith
           the
           Bishop
           again
           )
           
             is
             a
             Duty
             that
             every
          
           
           
             Subject
             ,
             by
             the
             Law
             of
             Nature
             ,
             owes
             to
             his
             Country
             ,
             and
             consequently
             to
             the
             supreme
             Power
             thereof
          
           ;
           that
           is
           ,
           to
           his
           Country
           as
           the
           End
           ,
           to
           the
           King
           as
           the
           Means
           of
           that
           End.
           
        
         
           Now
           the
           End
           being
           more
           noble
           than
           the
           Means
           ,
           for
           which
           the
           Means
           hath
           both
           its
           Use
           and
           very
           Being
           ,
           as
           such
           ;
           if
           that
           which
           is
           ordained
           to
           be
           a
           means
           of
           Preservation
           of
           our
           Country
           ,
           change
           its
           Nature
           and
           proper
           Intention
           ,
           and
           becomes
           a
           
           Means
           and
           Instrument
           of
           its
           Destruction
           ,
           we
           cannot
           ,
           in
           the
           Reason
           
           of
           things
           ,
           be
           bound
           any
           longer
           to
           use
           it
           .
           For
           ,
           as
           he
           saith
           in
           another
           place
           ,
           Whatsoever
           is
           done
           for
           any
           End
           ,
           is
           so
           far
           to
           be
           done
           ,
           as
           it
           doth
           seem
           necessary
           and
           profitable
           for
           that
           End.
           
        
         
           Now
           't
           is
           not
           denied
           ,
           but
           that
           the
           Government
           in
           the
           hands
           of
           King
           James
           was
           used
           ,
           not
           for
           the
           Preservation
           of
           our
           Country
           ,
           but
           its
           Destruction
           ;
           and
           contrary
           to
           the
           Ends
           of
           all
           Government
           :
           Yea
           ,
           such
           as
           pretend
           some
           Allegiance
           yet
           due
           to
           him
           ,
           do
           they
           not
           rather
           fear
           than
           hope
           for
           his
           Return
           to
           the
           Government
           ?
           which
           ,
           in
           all
           moral
           Assurance
           ,
           they
           know
           would
           be
           more
           pernicious
           to
           us
           than
           it
           was
           before
           he
           left
           us
           .
        
         
           Besides
           ,
           we
           are
           now
           under
           Powers
           that
           do
           actually
           and
           happily
           serve
           the
           Ends
           of
           Government
           .
           We
           must
           hence
           conclude
           ,
           that
           by
           virtue
           of
           our
           Allegiance
           due
           to
           our
           Country
           ,
           which
           is
           of
           first
           and
           greater
           Consideration
           ,
           our
           Allegiance
           to
           our
           late
           King
           ,
           as
           contrary
           ,
           or
           inconsistent
           therewith
           ,
           is
           dissolved
           ,
           and
           become
           due
           to
           the
           present
           Government
           .
        
         
           3.
           
           Further
           ;
           By
           the
           Law
           of
           Nature
           ,
           
             Salus
             Populi
          
           is
           both
           the
           supreme
           and
           the
           first
           Law
           in
           Government
           ,
           and
           the
           Scope
           and
           End
           of
           all
           other
           Laws
           ,
           and
           of
           Government
           it self
           .
           Now
           how
           this
           can
           be
           preserved
           by
           our
           Allegiance
           to
           any
           other
           but
           the
           Government
           in
           being
           ,
           is
           ,
           I
           think
           ,
           unintelligible
           .
        
         
           Perhaps
           some
           are
           yet
           to
           learn
           ,
           
             what
             that
             meaneth
             ,
             I
             will
             have
             Mercy
             and
             not
             Sacrifice
             :
          
           What
           Sacrifice
           ?
           Why
           ,
           God's
           own
           Service
           :
           What
           Mercy
           ?
           Why
           ,
           to
           save
           Life
           ;
           either
           of
           an
           Ox
           fallen
           into
           a
           Ditch
           ,
           or
           a
           
             sick
             Man.
          
           Now
           what
           was
           that
           Service
           of
           God
           that
           must
           yield
           to
           that
           Mercy
           to
           Man
           and
           Beast
           ?
           Was
           it
           the
           Observation
           of
           the
           Sabbath
           ?
           And
           what
           was
           that
           but
           ,
           as
           it
           were
           ,
           an
           
             Oath
             of
             Allegiance
          
           to
           God
           ?
           It
           is
           ,
           saith
           
           God
           ,
           
             a
             Sign
             between
             me
             and
             you
          
           ;
           yet
           this
           Oath
           binds
           not
           ,
           this
           Testimony
           is
           invalid
           ,
           this
           Service
           is
           no
           Duty
           ,
           when
           it
           comes
           in
           competition
           with
           Charity
           or
           Mercy
           to
           Man
           or
           Beast
           .
           The
           Reason
           is
           ,
           There
           is
           a
           prior
           and
           eternal
           Obligation
           to
           those
           moral
           Duties
           .
        
         
           Is
           not
           then
           the
           
             Service
             of
             the
             King
          
           ,
           though
           sworn
           in
           the
           Oath
           of
           Allegiance
           (
           that
           Sign
           or
           Testimony
           between
           King
           and
           Subject
           )
           is
           not
           this
           discharg'd
           ,
           or
           dispenc'd
           with
           ,
           when
           
             Salus
             Populi
          
           ,
           the
           Preservation
           of
           
             three
             Kingdoms
          
           is
           concern'd
           and
           in
           danger
           ;
           and
           the
           more
           by
           the
           Colour
           of
           our
           pretended
           Allegiance
           ?
        
         
         
           I
           think
           there
           is
           much
           weight
           in
           the
           words
           of
           a
           late
           Author
           :
           
             I
             can
             be
             sure
             ,
             saith
             he
             ,
             of
             nothing
             ,
             if
             I
             am
             out
             in
             this
             Notion
             ,
             That
             no
             Oath
             can
             bind
             any
             longer
             ,
             than
             the
             Obligation
             thereof
             is
             consistent
             and
             reconcileable
             with
             
               Salus
               Populi
            
             ,
             the
             Welfare
             (
             the
             Spiritual
             and
             Temporal
             Welfare
             of
             the
             People
             )
             which
             is
             the
             sole
             End
             of
             all
             Government
             .
          
        
         
           And
           seeing
           the
           Safety
           and
           Preservation
           of
           the
           Community
           depends
           upon
           the
           Promise
           of
           Allegiance
           to
           the
           supream
           Governor
           for
           the
           time
           being
           ;
           and
           the
           Subjects
           are
           under
           a
           plain
           necessity
           ,
           either
           to
           hazard
           or
           ruine
           the
           Publick
           ,
           or
           to
           transfer
           their
           Allegiance
           ;
           they
           may
           certainly
           do
           it
           lawfully
           ;
           yea
           ,
           are
           bound
           to
           do
           it
           by
           the
           Law
           of
           Laws
           ;
           
             Salus
             Populi
             suprema
             Lex
          
           .
        
         
           Secondly
           ,
           So
           much
           briefly
           for
           the
           Law
           of
           Nature
           .
           Now
           do
           not
           
           the
           
             Holy
             Scriptures
          
           warrant
           the
           same
           ?
           Do
           we
           find
           any
           ,
           either
           in
           the
           old
           or
           new
           Testament
           ,
           that
           scrupled
           or
           were
           question'd
           for
           their
           Obedience
           to
           the
           
             Powers
             in
             being
          
           ?
           I
           think
           the
           present
           Reverend
           and
           Learned
           Dean
           of
           Sarum
           ,
           Dr.
           Pearse
           ,
           hath
           a
           Sermon
           in
           print
           ,
           to
           prove
           Submission
           to
           Governments
           ,
           a
           Fundamental
           of
           the
           Christian
           Religion
           .
           I
           am
           sure
           our
           Saviour
           ,
           and
           more
           largely
           St.
           Paul
           ,
           require
           our
           Obedience
           to
           the
           Powers
           that
           are
           ,
           without
           any
           Consideration
           of
           their
           Title
           ;
           merely
           ,
           because
           of
           their
           Authority
           and
           Administrations
           ;
           in
           which
           the
           Apostle
           expresly
           founds
           the
           Duty
           of
           Subjection
           for
           
             Conscience
             sake
          
           .
           The
           Arguments
           to
           this
           purpose
           ,
           lately
           urged
           from
           Romans
           13.
           by
           several
           
             worthy
             Authors
          
           ,
           I
           despair
           of
           ever
           seeing
           tolerably
           answered
           ;
           to
           whom
           I
           refer
           my
           Reader
           :
           only
           let
           us
           meditate
           those
           notable
           Counsels
           of
           God
           by
           the
           Prophet
           ,
           
             Seek
             the
             Peace
             of
             the
             City
             ,
             (
             Babylon
             ,
          
           where
           the
           People
           were
           Captives
           to
           their
           Tyrannical
           Enemies
           )
           
             and
             pray
             unto
             the
             Lord
             for
             it
             ;
             for
             in
             the
             Peace
             thereof
             ,
             ye
             shall
             have
             Peace
             .
          
           Jer.
           29.
           7.
           
        
         
           Thirdly
           ,
           Lastly
           ,
           Is
           there
           not
           sufficient
           in
           our
           own
           Laws
           to
           
           justify
           our
           Allegiance
           to
           a
           King
           regnant
           ,
           without
           our
           being
           satisfied
           touching
           his
           Title
           ?
           Have
           we
           not
           the
           Authority
           of
           former
           Ages
           ?
           Is
           not
           our
           Statute-Book
           a
           clear
           Testimony
           of
           it
           ?
           In
           what
           time
           was
           it
           ever
           denied
           ?
           Who
           was
           ever
           censured
           or
           punished
           for
           granting
           it
           ?
           Are
           not
           all
           such
           Kings
           who
           reign'd
           without
           Right
           ,
           recorded
           as
           Kings
           of
           England
           ,
           and
           their
           Laws
           
           as
           authentick
           and
           obligatory
           ?
           Is
           it
           not
           evident
           then
           ,
           that
           Allegiance
           due
           to
           a
           
             King
             regnant
          
           (
           with
           right
           or
           with
           none
           )
           is
           agreable
           to
           the
           State
           and
           Principles
           of
           this
           Monarchy
           ,
           and
           founded
           in
           the
           Usage
           and
           Common
           Law
           of
           England
           ?
        
         
           But
           that
           which
           methinks
           should
           put
           the
           matter
           beyond
           Question
           ,
           is
           the
           known
           and
           often
           mentioned
           Stat.
           of
           11
           Hen.
           7.
           1.
           grounded
           ,
           as
           it
           speaks
           the
           sense
           of
           the
           Nation
           ,
           upon
           Reason
           ,
           Law
           ,
           and
           good
           Conscience
           .
           And
           though
           the
           worthy
           
             Author
             of
             Considerations
          
           and
           others
           ,
           have
           with
           a
           great
           deal
           of
           strength
           ,
           argued
           hence
           to
           satisfy
           the
           Scruples
           of
           our
           Brethren
           ,
           and
           it
           cannot
           be
           expected
           that
           I
           should
           add
           any
           thing
           very
           considerable
           ;
           yet
           I
           shall
           very
           briefly
           observe
           a
           few
           things
           for
           our
           purpose
           from
           it
           .
        
         
           1.
           
           'T
           is
           thereby
           acknowledged
           ,
           that
           a
           King
           
             de
             facto
          
           hath
           the
           Name
           and
           Stile
           of
           a
           King
           of
           England
           .
        
         
           2.
           
           We
           are
           to
           recognize
           such
           a
           one
           as
           our
           
             Soveraign
             Lord.
          
           
        
         
           3.
           
           That
           Allegiance
           is
           due
           to
           such
           a
           King
           from
           all
           his
           Subjects
           .
        
         
           4.
           
           That
           by
           reason
           of
           the
           same
           Allegiance
           ,
           they
           are
           bound
           to
           serve
           him
           ,
           even
           in
           his
           Wars
           .
        
         
           5.
           
           That
           they
           are
           never
           hereafter
           to
           be
           question'd
           (
           tho
           the
           lawful
           King
           should
           recover
           his
           Right
           )
           for
           so
           doing
           their
           true
           Duty
           and
           Service
           of
           Allegiance
           ,
           as
           the
           Words
           are
           .
        
         
           6.
           
           That
           War
           made
           against
           such
           a
           King
           by
           his
           Subjects
           ,
           is
           Rebellion
           .
           All
           these
           things
           are
           plain
           in
           the
           Letter
           of
           that
           Law
           ,
           which
           hath
           continued
           unrepealed
           or
           unquestion'd
           for
           above
           two
           hundred
           Years
           ;
           and
           consequently
           so
           long
           hath
           been
           the
           approved
           sense
           of
           the
           whole
           Nation
           ,
           
             That
             Allegiance
             and
             true
             and
             faithful
             Service
             is
             due
             to
             our
             soveraign
             Lord
             for
             the
             time
             being
             ,
          
           whatever
           his
           Title
           be
           .
        
         
           Hence
           it
           follows
           ,
           that
           in
           the
           sense
           of
           the
           Law
           ,
           a
           King
           
             de
             jure
          
           only
           ,
           is
           not
           King.
           The
           Statute
           saith
           ,
           the
           King
           for
           the
           
             time
             being
          
           ;
           and
           seeing
           we
           can
           have
           but
           one
           King
           ,
           he
           that
           hath
           only
           right
           to
           be
           King
           ,
           is
           no
           
             King
             in
             being
          
           ,
           or
           for
           the
           
             time
             being
          
           .
           Hereupon
           I
           suppose
           the
           great
           Lawyers
           inform
           us
           ,
           that
           the
           King
           
             de
             jure
          
           only
           is
           not
           within
           the
           
             Purview
             of
             the
             Statute
             of
             Treason
          
           ;
           is
           not
           ,
           as
           they
           say
           ,
           
             Seignior
             le
             Roy.
          
           
        
         
           Consequently
           ,
           if
           Treason
           cannot
           be
           committed
           against
           a
           King
           
             de
             jure
          
           ,
           while
           he
           is
           out
           of
           Possession
           ,
           Allegiance
           cannot
           be
           due
           to
           him
           :
           which
           is
           a
           Duty
           we
           owe
           to
           the
           King
           as
           our
           Soveragin
           
           Lord
           ;
           and
           none
           in
           the
           Eye
           of
           the
           Law
           is
           so
           ,
           but
           the
           King
           in
           Possession
           :
           thus
           the
           formal
           reason
           of
           the
           Oath
           of
           Allegiance
           to
           the
           late
           King
           ceasing
           (
           if
           he
           be
           no
           King
           in
           Law
           ,
           because
           out
           of
           Possession
           )
           the
           Obligation
           of
           that
           Oath
           ,
           with
           respect
           to
           him
           ,
           ceaseth
           also
           ,
           besides
           much
           of
           the
           matter
           of
           our
           former
           Oath
           is
           gone
           too
           ,
           for
           we
           were
           sworn
           to
           bear
           true
           Allegiance
           to
           him
           in
           
             revealing
             and
             preventing
             Treasons
          
           against
           him
           ;
           and
           now
           he
           is
           not
           an
           Object
           capable
           of
           Treason
           .
        
         
           But
           they
           also
           tell
           us
           ,
           Treason
           may
           be
           committed
           against
           a
           
             King
             regnant
             without
             Right
          
           ;
           and
           if
           so
           ,
           't
           is
           thence
           evident
           that
           Allegiance
           is
           due
           to
           him
           :
           against
           which
           Treason
           is
           directly
           contrary
           .
           Treason
           is
           an
           Offence
           against
           our
           natural
           Allegiance
           ;
           which
           appears
           from
           the
           form
           of
           Endictments
           ;
           the
           words
           are
           ,
           
             Contra
             debitum
             Fidei
             &
             Ligeantiae
             suae
             ,
          
           against
           the
           Duty
           of
           Faith
           and
           true
           Allegiance
           ;
           so
           near
           are
           they
           to
           the
           very
           Words
           in
           the
           Oath
           of
           Allegiance
           .
        
         
           In
           a
           word
           ,
           to
           apply
           it
           ,
           Are
           not
           William
           and
           Mary
           now
           regnant
           and
           in
           full
           Possession
           of
           the
           Government
           ?
           To
           deny
           this
           ,
           is
           to
           impose
           upon
           our
           Senses
           :
           Are
           they
           not
           our
           Soveraigns
           also
           ,
           to
           whom
           we
           owe
           Allegiance
           ?
           This
           to
           question
           ,
           is
           against
           all
           kind
           of
           Law
           ?
           May
           we
           be
           guilty
           of
           Treason
           against
           them
           ?
           Then
           ,
           
             supposed
             Allegiance
          
           to
           their
           Enemy
           ,
           seems
           to
           be
           a
           degree
           towards
           that
           Treason
           ,
           and
           to
           be
           a
           treasonable
           Principle
           ,
           if
           brought
           into
           Act
           ,
           it
           tends
           apparently
           to
           the
           Death
           of
           the
           King
           and
           Queen
           ;
           and
           how
           far
           the
           very
           Opinion
           is
           from
           Imagination
           ;
           and
           consequently
           from
           the
           Formality
           of
           Treason
           ,
           should
           be
           soberly
           considered
           ,
           at
           least
           to
           abate
           our
           consure
           of
           the
           Government
           ,
           that
           with
           some
           Severity
           ,
           requires
           our
           Allegiance
           ;
           and
           if
           it
           may
           be
           ,
           to
           perswade
           us
           to
           timely
           Conformity
           therein
           .
        
         
           The
           Sum
           is
           ,
           I
           think
           we
           cannot
           justify
           our
           refusing
           to
           take
           the
           new
           Oath
           of
           Allegiance
           to
           King
           William
           and
           Queen
           Mary
           ,
           without
           destroying
           Acts
           of
           Parliament
           ,
           changing
           the
           Laws
           of
           England
           ,
           and
           razing
           the
           Principles
           and
           Laws
           of
           Nature
           .
        
         
         
           The
           Words
           of
           
             II
             Hen.
          
           7.
           cap.
           1.
           bearing
           to
           our
           Purpose
           ,
           are
           these
           .
        
         
           
             The
             King
             our
             Sovereign
             Lord
             ,
             calling
             to
             his
             remembrance
             the
             
               Duty
               of
               Allegiance
            
             of
             the
             Subjects
             of
             this
             his
             Realm
             ;
             and
             that
             they
             ,
             by
             reason
             of
             the
             same
             ,
             are
             bound
             to
             serve
             their
             Prince
             ,
             for
             the
             time
             being
             ,
             for
             the
             defence
             of
             him
             and
             the
             Land
             ,
             against
             every
             
               Rebellion
               ,
               Power
            
             and
             Might
             reared
             against
             him
             .
             —
             And
             that
             't
             is
             not
             reasonable
             ,
             but
             against
             all
             Laws
             ,
             Reason
             and
             good
             Conscience
             ;
             that
             the
             said
             Subjects
             —
             any
             thing
             should
             lose
             or
             forfeit
             ,
             for
             doing
             their
             
               true
               Duty
               and
               Service
               of
               Allegiance
            
             —
             It
             be
             therefore
             ordained
             ,
             that
             from
             henceforth
             no
             Persons
             that
             attend
             upon
             the
             King
             and
             
               Soveraign
               Lord
            
             of
             this
             Land
             for
             the
             time
             being
             ,
             in
             his
             Person
             ,
             and
             do
             him
             
               true
               and
               faithful
               Service
               of
               Allegiance
               ,
            
             be
             in
             no
             wise
             convict
             ,
             &c.
             
          
        
      
       
         
         
           POSTSCRIPT
           .
        
         
           IF
           in
           the
           foregoing
           Discourse
           I
           have
           abused
           the
           Law
           in
           Terms
           or
           otherwise
           (
           as
           't
           is
           not
           unlikely
           ,
           being
           out
           of
           my
           way
           )
           I
           beg
           pardon
           of
           the
           Learned
           in
           that
           Faculty
           .
           I
           have
           nothing
           to
           plead
           in
           Excuse
           but
           an
           honest
           Intention
           .
        
         
           FINIS
           .
        
      
    
     
       
         
           ERRATA
           .
        
         
           
             Page
             58.
             for
             Chap.
             VIII
             .
             read
             Chap.
             IX
             .
          
           
             Page
             60.
             for
             Chap.
             IX
             .
             read
             Chap.
             X.
             
          
        
      
       
         
         
           Books
           lately
           Printed
           for
           
             Awnsham
             Churchil
          
           at
           the
           Black
           Swan
           at
           Amen-Corner
           .
        
         
           
             THE
             late
             Lord
             
             Russel's
             Case
             ,
             written
             by
             the
             Right
             Honourable
             Henry
             Lord
             
               De
               la
               Mere.
               fol.
            
             
          
           
             An
             Historical
             Account
             of
             making
             the
             
               Penal
               Laws
            
             by
             the
             Papists
             against
             the
             Protestants
             ,
             and
             by
             the
             Protestants
             against
             the
             Papists
             .
             By
             
               Samuel
               Blucker●…
            
             ,
             Barrister
             of
             
               Grays-Inn
               .
               fol.
            
             
          
           
             Obedience
             due
             to
             the
             Present
             King
             ,
             notwithstanding
             our
             Oaths
             to
             the
             Former
             ,
             Written
             by
             a
             Divine
             of
             the
             Church
             of
             
               England
               .
               4
               to
            
             .
          
           
             A
             modest
             Enquiry
             ,
             Whether
             St.
             Peter
             was
             ever
             at
             Rome
             ,
             and
             Bishop
             of
             that
             Church
             ?
             
               4
               to
            
             .
          
           
             The
             Spirit
             of
             France
             ,
             and
             the
             
               Politick
               Maxims
            
             of
             Lewis
             XIV
             .
             laid
             open
             to
             the
             World.
             
               4
               to
            
             .
          
           
             Memorials
             of
             the
             Method
             and
             Manner
             of
             Proceedings
             in
             Parliament
             in
             Passing
             Bills
             .
             
               8
               
                
               o.
            
             
          
           
             Dr.
             
             Burnet's
             Tracts
             in
             Two
             Volumes
             .
             
               12
               
                
               o.
            
             
          
           
             A
             Collection
             of
             Texts
             of
             Scripture
             ,
             with
             short
             Notes
             upon
             them
             :
             And
             some
             ▪
             other
             Observations
             against
             the
             Principal
             
               Popish
               Errors
               .
               12
               
                
               o.
            
             
          
           
             Dr.
             Daniel
             Whitby's
             Treatise
             of
             Worship
             of
             Images
             .
          
           
             —
             Of
             Communion
             in
             one
             kind
             .
          
           
             —
             His
             Treatise
             of
             Tradition
             ,
             in
             two
             parts
             .
          
           
             —
             His
             Consideration
             for
             taking
             the
             Oaths
             to
             King
             William
             and
             Queen
             Mary
             .
          
           
             Dr.
             Worthington
             of
             the
             Resurre●…
             
               8
               
                
               o.
            
             
          
           
             Mr.
             Masters
             of
             Submission
             to●…
             Providence
             .
             
               8
               
                
               o.
            
             
          
           
             Foxes
             and
             
               Firebrands
               ,
               8
               
               o.
               1st
            
             and
             2d
             parts
             .
          
           
             A
             Third
             Part
             in
             the
             Press
             .
          
           
             Mr.
             
             Bold's
             Sermon
             on
             occasion
             of
             the
             Brief
             for
             Irish
             Protestants
             .
          
           
             An
             Answer
             to
             Bishop
             
             Lake's
             (
             late
             of
             Chichester
             )
             Declaration
             of
             his
             dying
             in
             belief
             of
             the
             Doctrine
             of
             Passive
             Obedience
             ,
             &c.
             
          
           
             Sir
             William
             Temple's
             Observations
             on
             
               Holland
               .
               8
               
                
               o.
            
             
          
           
             —
             Miscellania
             .
             
               8
               
                
               o.
            
             
          
           
             Dr.
             
             Carswel's
             Assize
             Sermon
             at
             
               Abingdon
               ,
               August
            
             6.
             1689.
             
          
           
             Mr.
             
             Selden's
             Tabl
             〈…〉
             
               4
               to
            
             .
          
           
             A
             List
             of
             the
             present
             Parliament
             ,
             Lords
             and
             Commmons
             .
          
           
             Present
             Cases
             stated
             about
             Allegiance
             to
             King
             William
             and
             Queen
             Mary
             .
          
           
             Debates
             of
             the
             late
             Oxon
             and
             Westminster
             Parliaments
             .
             
               8
               
                
               o.
            
             
          
           
             Monsieur
             
             Jurieu's
             Accomplishment
             of
             Scripture-Prophecies
             ,
             compleat
             .
          
           
             New
             System
             of
             the
             Revelations
             .
             
               12
               
                
               o.
            
             
          
           
             Voyage
             to
             
               Syam
               .
               8
               
                
               o.
            
             
          
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A40703-e790
           
             Vid.
             Cron.
             Ecl.
             Licti
             .
             Seld.
             171.
             
             Fortise
             .
             de
             Leg.
             
          
           
             
               Brad.
               Gloss
            
             .
             p.
             38.
             
          
           
             In
             Vit.
             Hen.
             1.
             
          
           
             Rig●●●●●●
             Royal
             Family
             .
          
           
             Next
             Heir
             .
          
           
             25
             Ed.
             3.
             
             Stat.
             6.
             
             Praemunire
             Provisors
             .
             Ed.
             1.
             
             
               Letter
               to
               the
               Pope
            
             .
          
           
             Vid.
             Blounts
             Law
             dict
             .
             F●●
             .
          
           
             All
             Land
             in
             Abeyance
             ,
             or
             in
             Fie
             of
             some
             Man.
             
               Rule
               in
               Law.
            
             
          
           
             Edgar
             was
             set
             aside
             ,
             being
             neither
             in
             Body
             or
             Mind
             fit
             to
             govern
             .
             Ingulph
             .
             With
             full
             consent
             in
             Parliament
             the
             Queen
             of
             Scots
             was
             desired
             to
             be
             disabled
             .
             Burl.
             Letter
             .
             And
             of
             late
             the
             Duke
             of
             
               York
               ▪
            
          
           
             Noted
             before
             .
          
           
             Walsingham
             Hist
             .
          
           
             As
             they
             did
             in
             Rich.
             3.
             that
             famous
             Case
             .
          
           
             Dr.
             Brad.
             p.
             390.
             
          
           
             Vid.
             Dr.
             Brady
             ,
             p.
             386.
             
          
           
             As
             Hen.
             8.
             did
             .
          
           
             Necessitas
             Pracepti
             .
          
           
             Necessitas
             Medii
             .
          
           
             Dr.
             Donne
             .
          
           
             
             Oliver's
             Vsarpation
             answers
             not
             our
             Case
             .
          
        
         
           Notes for div A40703-e17250
           
             1.
             
             Nature
             .
          
           
             Calv.
             Case
             .
          
           
             By
             Sanderson
             .
          
           
             
               Case
               of
               Engag
            
             .
             p.
             109
             
          
           
             Lect.
             5.
             de
             leg
             .
             S.
             19.
             
          
           
             Exod.
             31.
             13.
             
          
           
             2.
             
             Scripture
             .
          
           
             3.
             
             Our
             Laws
             ,