Whether the Parliament be not in law dissolved by the death of the Princess of Orange? and how the subjects ought, and are to behave themselves in relation to those papers emitted since by the stile and title of Acts : with a brief account of the government of England : in a letter to a country gentleman, as an answer to his second question.
         Ferguson, Robert, d. 1714.
      
       
         
           1695
        
      
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             Whether the Parliament be not in law dissolved by the death of the Princess of Orange? and how the subjects ought, and are to behave themselves in relation to those papers emitted since by the stile and title of Acts : with a brief account of the government of England : in a letter to a country gentleman, as an answer to his second question.
             Ferguson, Robert, d. 1714.
          
           59 p.
           
             s.n.,
             [London? :
             1695]
          
           
             Attributed to Robert Ferguson. Cf. Halkett & Laing (2nd ed.).
             Caption title.
             Dated April 24, 1695.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Mary -- II, -- Queen of England, 1662-1694.
           Great Britain -- Politics and government -- 1689-1702.
        
      
    
     
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           Whether
           the
           Parliament
           be
           not
           in
           Law
           dissolved
           by
           the
           Death
           of
           the
           Princess
           of
           Orange
           ?
           And
           how
           the
           Subjects
           ought
           ,
           and
           are
           to
           behave
           themselves
           in
           relation
           to
           those
           Papers
           emitted
           since
           by
           the
           Stile
           and
           Title
           of
           Acts
           ?
        
         
           With
           a
           brief
           Account
           of
           the
           Government
           of
           England
           .
        
         
           
             In
             a
             Letter
             to
             a
             Country
             Gentleman
             ,
             as
             an
             Answer
             to
             his
             second
             Question
             .
          
        
         
           THough
           you
           have
           exceedingly
           mistook
           your
           Man
           in
           demanding
           my
           Opinion
           about
           a
           Case
           that
           lies
           so
           much
           out
           of
           my
           Province
           ,
           and
           Circle
           ,
           that
           it
           hath
           hardly
           come
           within
           the
           Boundaries
           of
           my
           Conversation
           either
           with
           Books
           or
           Men.
           Yet
           not
           being
           altogether
           a
           Stranger
           to
           the
           Nature
           of
           the
           Government
           ,
           and
           the
           Rules
           of
           the
           Constitution
           ,
           under
           which
           I
           live
           ;
           nor
           wholy
           unacquainted
           with
           the
           ancient
           and
           modern
           Transactions
           of
           my
           Country
           ;
           neither
           utterly
           ignorant
           of
           the
           Practices
           of
           Ages
           as
           they
           remain
           registred
           in
           Histories
           :
           I
           will
           rather
           both
           venture
           my
           own
           Reputation
           ,
           and
           run
           the
           Risque
           of
           being
           censured
           for
           straying
           beyond
           the
           Limits
           of
           my
           proper
           Studies
           ,
           than
           not
           obey
           your
           Command
           in
           what
           you
           were
           pleased
           to
           require
           of
           me
           ,
           and
           thereby
           give
           you
           fresh
           and
           repeated
           Evidence
           both
           of
           the
           Authority
           you
           have
           over
           me
           ,
           and
           of
           the
           Deference
           I
           pay
           to
           your
           Merit
           ,
           as
           well
           as
           to
           your
           Quality
           .
           And
           though
           I
           will
           not
           pretend
           to
           say
           the
           hundredth
           part
           of
           what
           might
           or
           ought
           to
           be
           said
           on
           this
           Subject
           ;
           yet
           by
           what
           I
           shall
           be
           able
           to
           lay
           before
           you
           in
           relation
           to
           it
           ,
           you
           will
           easily
           guess
           what
           might
           have
           been
           done
           ,
           or
           what
           
           yet
           may
           ,
           by
           a
           better
           and
           more
           proper
           hand
           .
           Nor
           can
           I
           now
           without
           a
           Forfeiture
           of
           my
           Credit
           ,
           and
           a
           Departure
           from
           Truth
           ,
           refuse
           to
           give
           you
           my
           Thoughts
           in
           this
           Matter
           ;
           having
           in
           my
           Answer
           to
           your
           
             first
             Question
          
           stated
           and
           pledged
           my
           Honour
           and
           Faith
           ,
           that
           I
           would
           also
           reply
           to
           your
           second
           ;
           and
           having
           also
           told
           you
           ,
           that
           I
           had
           brought
           under
           the
           compass
           of
           my
           thoughts
           ,
           and
           in
           effect
           digested
           ,
           whatsoever
           was
           needful
           towards
           a
           clear
           though
           brief
           Resolution
           of
           it
           .
           And
           I
           do
           lay
           claim
           to
           no
           such
           Privilege
           as
           the
           breaking
           of
           my
           Word
           ,
           but
           am
           willing
           to
           leave
           the
           Credit
           or
           Infamy
           of
           that
           to
           the
           Authors
           and
           Publishers
           of
           
             Hague
             Delarations
          
           .
        
         
           Now
           I
           am
           so
           far
           from
           quarrelling
           at
           Parliaments
           ,
           or
           detracting
           from
           the
           Esteem
           they
           ought
           to
           be
           in
           ,
           or
           from
           the
           Respect
           that
           is
           commonly
           paid
           them
           ,
           that
           I
           preserve
           for
           them
           all
           the
           Honour
           and
           Veneration
           imaginable
           ,
           while
           they
           confine
           themselves
           to
           the
           Uses
           and
           Ends
           unto
           which
           they
           were
           primitively
           ordained
           ;
           and
           govern
           themselves
           by
           the
           Measures
           chalked
           out
           for
           them
           in
           the
           Constitution
           .
           They
           are
           of
           that
           early
           Original
           ,
           and
           ancient
           Standing
           ,
           that
           for
           any
           Thing
           I
           know
           they
           are
           in
           some
           sense
           and
           degree
           ,
           though
           under
           difference
           ,
           variety
           ,
           and
           distinction
           of
           Names
           ,
           coeval
           with
           ,
           or
           very
           little
           subsequent
           and
           posterior
           to
           our
           Government
           .
           Their
           Antiquity
           is
           such
           ,
           though
           not
           always
           under
           the
           same
           Appellation
           ,
           and
           by
           the
           same
           Stile
           ,
           nor
           with
           the
           same
           Allowances
           of
           Power
           and
           Authority
           ,
           that
           
             Caput
             inter
             nubila
             condunt
          
           ,
           their
           beginning
           is
           immemorial
           :
           So
           I
           will
           not
           dispute
           ,
           and
           much
           less
           controul
           the
           Testimonies
           which
           we
           have
           in
           the
           Commentarios
           upon
           
             Littleton
             ,
             fol.
          
           100.
           namely
           ,
           That
           before
           the
           Conquest
           ,
           and
           from
           thence
           downward
           ,
           till
           the
           end
           of
           Hen.
           3.
           there
           had
           been
           no
           fewer
           than
           
             Two
             hundred
             and
             eighty
             Sessions
             of
             Parliament
          
           ;
           which
           doth
           much
           exceed
           the
           Number
           ,
           during
           the
           Reigns
           of
           Eighteen
           Sovereign
           Kings
           and
           Queens
           that
           have
           ruled
           over
           this
           Kingdom
           since
           .
           But
           were
           their
           Institution
           as
           modern
           as
           some
           Men
           will
           have
           it
           ,
           and
           were
           they
           at
           first
           illegitimately
           obtained
           ,
           and
           wrenched
           from
           the
           Crown
           by
           Insurrections
           ,
           Tumults
           ,
           and
           Wars
           ;
           yet
           having
           once
           acquired
           an
           Establishment
           by
           Law
           ,
           confirmed
           by
           Custom
           ,
           and
           ratified
           by
           Charters
           ,
           and
           sworn
           unto
           by
           our
           Kings
           ;
           our
           Title
           to
           the
           having
           of
           Parliaments
           for
           the
           Ends
           and
           Uses
           whereunto
           they
           were
           appointed
           is
           not
           now
           precarious
           ,
           but
           in
           right
           belongeth
           unto
           us
           .
           For
           unquestionably
           many
           Things
           were
           at
           first
           vested
           in
           the
           Crown
           ,
           which
           it
           having
           afterwards
           alienated
           and
           parted
           with
           ,
           either
           for
           the
           ease
           and
           safety
           of
           the
           Monarchy
           ,
           or
           for
           the
           good
           and
           advantage
           
           of
           the
           People
           ,
           it
           were
           unjust
           as
           well
           as
           unwise
           for
           any
           King
           to
           reassume
           them
           .
           Whatsoever
           comes
           once
           to
           be
           Legally
           established
           by
           a
           plenary
           and
           lawful
           Power
           ,
           is
           not
           reversable
           at
           the
           Prince's
           Will
           ,
           nor
           doth
           it
           lie
           under
           his
           Authority
           to
           annul
           it
           at
           his
           Pleasure
           .
           And
           therefore
           all
           who
           have
           written
           with
           any
           Judgment
           of
           Governments
           ,
           Laws
           ,
           and
           Politicks
           ,
           do
           unanimously
           tell
           us
           ,
           That
           
             amplitudo
             &
             restrictio-potestatis
             Regum
             circa
             ea
             quae
             per
             se
             mala
             &
             injusta
             non
             sunt
             ,
             pendet
             ex
             arbitrio
             hominum
             ,
             &
             ex
             conventione
             vel
             pacto
             inter
             Reges
             &
             Regnum
          
           ;
           that
           the
           
             extent
             and
             restriction
             of
             Royal
             Power
             in
             and
             about
             such
             Things
             as
             are
             not
             intrinsically
             evil
             and
             unjust
             ,
             do
             result
             and
             proceed
             from
             Agreements
             ,
             Stipulations
             ,
             and
             Compacts
             ,
             between
             Kings
             and
             those
             Communities
             over
             which
             they
             rule
             :
          
           See
           
             Suarez
             de
             Legib.
             lib.
             1.
             cap.
          
           17.
           
           And
           indeed
           our
           
             Magna
             Charta
          
           ,
           and
           other
           Charters
           ,
           as
           likewise
           many
           of
           our
           Statutes
           ,
           are
           no
           other
           than
           enacted
           and
           declared
           Limitations
           and
           Restrictions
           of
           the
           Sovereign
           and
           Royal
           Power
           ;
           nor
           can
           our
           Kings
           lawfully
           depart
           from
           or
           exceed
           the
           Confinements
           and
           Boundaries
           of
           the
           English
           Monarchy
           ,
           which
           are
           therein
           stipulated
           ,
           fixed
           ,
           and
           settled
           .
           The
           
             Books
             of
             the
             24
             Ed.
             3
             :
             65.
             
             Stamford's
             Prerogative
             of
             the
             Crown
             ,
             fol.
             10.
             and
             Coke's
             Institutes
             ,
             fol.
          
           73.
           tell
           us
           ,
           That
           the
           first
           Kings
           of
           this
           Realm
           had
           all
           the
           Lands
           of
           it
           in
           their
           own
           hands
           ,
           and
           were
           the
           sole
           Proprietors
           of
           the
           whole
           Ground
           ;
           but
           it
           being
           now
           alienated
           and
           transferred
           from
           them
           ,
           either
           as
           Recompences
           for
           Services
           ,
           or
           as
           Gifts
           on
           the
           score
           of
           Friendship
           and
           Bounty
           ,
           or
           by
           way
           of
           Sale
           for
           a
           valuable
           equivalent
           in
           Money
           ,
           they
           that
           are
           become
           Possessors
           cannot
           be
           disseized
           of
           them
           without
           a
           Violation
           of
           Law
           ,
           Honour
           ,
           and
           Justice
           .
           So
           that
           Parliaments
           ,
           howsoever
           and
           whensoever
           they
           came
           to
           be
           instituted
           ,
           they
           are
           now
           incorporated
           into
           the
           Constitution
           of
           England
           as
           Apelles
           Picture
           woven
           into
           
           Minerva's
           Shield
           ,
           and
           cannot
           cease
           to
           have
           an
           Ingrediency
           into
           the
           Government
           ,
           without
           a
           dissolution
           of
           the
           whole
           Frame
           of
           it
           .
           Nor
           will
           it
           ever
           be
           the
           Interest
           of
           a
           King
           of
           England
           to
           lay
           aside
           Parliaments
           ,
           were
           it
           within
           the
           reach
           of
           his
           Power
           to
           do
           it
           ;
           and
           as
           a
           good
           and
           wise
           King
           will
           never
           attempt
           it
           ,
           so
           a
           tyrannous
           and
           arbitrary
           one
           will
           not
           be
           able
           to
           effect
           it
           ,
           were
           he
           never
           so
           inclinable
           ,
           provided
           they
           behave
           themselves
           so
           ,
           as
           not
           to
           forfeit
           their
           Credit
           in
           the
           Nation
           .
           The
           only
           danger
           we
           can
           fall
           into
           of
           having
           Parliaments
           abolished
           ,
           is
           the
           Peoples
           growing
           weary
           of
           them
           ,
           and
           their
           being
           provoked
           to
           hate
           them
           ;
           and
           this
           they
           both
           may
           and
           will
           have
           cause
           for
           ,
           when
           Parliaments
           become
           not
           only
           useless
           but
           hurtful
           .
           When
           instead
           of
           preserving
           the
           Gravity
           
           of
           a
           Legislative
           Assembly
           ,
           and
           maintaining
           the
           Character
           of
           the
           Representative
           Body
           of
           a
           great
           and
           wise
           People
           ,
           they
           turn
           more
           Mobbish
           than
           a
           
             Dover
             Court
          
           ,
           and
           more
           rude
           and
           tumultuous
           than
           the
           confluence
           of
           People
           when
           they
           meet
           a
           Billingsgate
           :
           Especially
           when
           in
           the
           Place
           of
           continuing
           to
           be
           the
           Guardians
           of
           our
           Rights
           they
           prove
           the
           Betrayers
           of
           them
           ;
           and
           for
           Pensions
           and
           Bribes
           sacrifice
           those
           to
           the
           ambitious
           and
           covetous
           Lusts
           of
           an
           Usurper
           ,
           whose
           Properties
           ,
           Liberties
           and
           Privileges
           ,
           they
           were
           chosen
           to
           maintain
           and
           defend
           .
           And
           whensoever
           they
           degenerate
           into
           this
           ,
           the
           carrying
           and
           maintaining
           the
           Name
           of
           a
           Parliament
           will
           be
           so
           far
           from
           preserving
           unto
           them
           the
           Love
           ,
           Esteem
           ,
           and
           Reverence
           of
           their
           Country
           ,
           that
           it
           will
           inflame
           their
           Rage
           ,
           and
           quicken
           and
           heighten
           their
           Revenge
           .
           For
           when
           Parliaments
           not
           only
           forget
           their
           own
           Quality
           ,
           and
           thereby
           tempt
           others
           to
           forget
           also
           ;
           but
           when
           they
           trangress
           and
           go
           beyond
           all
           the
           Limits
           unto
           which
           they
           are
           circumscribed
           ,
           and
           confined
           by
           the
           Constitution
           ;
           and
           especially
           when
           they
           come
           to
           persue
           Ends
           directly
           opposite
           to
           those
           they
           were
           at
           first
           Erected
           and
           Ordained
           for
           ,
           they
           will
           then
           provoke
           the
           People
           after
           their
           Patience
           is
           spent
           ,
           and
           their
           Pressures
           increased
           ,
           not
           only
           to
           despise
           but
           to
           disclaim
           them
           .
           And
           when
           those
           Assemblies
           have
           under
           the
           Pretences
           of
           vindicating
           and
           asserting
           the
           Liberties
           of
           their
           Country
           proceeded
           to
           abdicate
           their
           King
           ,
           and
           to
           bring
           the
           Kingdom
           into
           an
           expensive
           and
           ruinous
           War
           ;
           and
           yet
           in
           the
           mean
           time
           have
           under
           that
           Vizard
           and
           Mask
           proved
           Instruments
           of
           bringing
           the
           Nation
           into
           Poverty
           and
           Slavery
           ,
           and
           of
           promoting
           the
           Tyranny
           of
           the
           Usurper
           ,
           they
           will
           thereby
           exasperate
           the
           People
           ,
           how
           much
           soever
           it
           may
           be
           against
           their
           future
           and
           true
           Interest
           ,
           not
           only
           to
           abandon
           the
           love
           and
           claim
           of
           Parliaments
           ,
           but
           to
           be
           even
           desirous
           to
           have
           them
           annulled
           and
           laid
           aside
           ,
           as
           judging
           
             aliter
             illorum
             flagitiis
             subveniri
             non
             posse
             ,
          
           that
           they
           cannot
           otherwise
           punish
           ,
           stop
           ,
           and
           give
           check
           unto
           their
           Crimes
           ,
           as
           I
           have
           borrowed
           the
           words
           of
           Tacitus
           to
           express
           it
           .
           Nor
           can
           I
           better
           give
           the
           Character
           of
           the
           two
           Revolutional
           Parliaments
           ,
           and
           particularly
           of
           the
           Whig
           Members
           of
           them
           ,
           than
           in
           the
           Words
           of
           the
           same
           Author
           ,
           namely
           ,
           
             Ut
             Imperium
             evertant
             ,
             libertatem
             praeferunt
             ,
             si
             perverterint
             ,
             libertatem
             ipsam
             aggrediuntur
          
           ;
           that
           in
           order
           to
           depose
           and
           drive
           away
           the
           King
           ,
           they
           set
           up
           for
           ,
           and
           made
           a
           Shew
           of
           acting
           for
           Liberty
           ;
           but
           having
           compassed
           that
           ,
           they
           have
           assaulted
           and
           subverted
           Liberty
           it self
           .
           So
           that
           all
           they
           protested
           to
           have
           undertook
           and
           executed
           against
           his
           Majesty
           ,
           for
           the
           Recovery
           
           and
           Security
           of
           our
           National
           and
           Legal
           Freedom
           ,
           was
           only
           that
           by
           enriching
           themselves
           they
           might
           bring
           the
           Kingdom
           into
           Indigency
           ,
           Dishonour
           ,
           and
           Bondage
           .
           Nor
           are
           all
           their
           Votes
           ,
           Resolutions
           ,
           and
           Acts
           ,
           capable
           of
           any
           other
           Construction
           ;
           or
           of
           having
           another
           Inscription
           over
           them
           ,
           than
           that
           
             quanto
             majore
             libertatis
             imagine
             tegebantur
             ,
             tanto
             eruptura
             ad
             incensius
             servitium
          
           ;
           the
           more
           they
           flattered
           us
           with
           the
           Expectations
           and
           Hopes
           of
           Liberty
           ,
           the
           more
           they
           were
           intended
           ,
           at
           least
           ,
           lay
           in
           a
           Subserviency
           to
           hasten
           and
           augment
           our
           Servitude
           and
           Thraldom
           :
           Yet
           as
           to
           all
           the
           heinous
           Miscarriages
           I
           have
           now
           mentioned
           ,
           I
           look
           no
           otherwise
           upon
           them
           than
           a
           Disease
           and
           Plague
           that
           Parliaments
           are
           liable
           to
           degenerate
           into
           under
           an
           Usurper
           ,
           and
           that
           under
           a
           lawful
           and
           legal
           King
           they
           will
           again
           recover
           their
           sound
           ,
           healthful
           ,
           and
           athletick
           Temper
           .
           And
           that
           as
           they
           will
           not
           cease
           to
           be
           a
           necessary
           and
           useful
           part
           of
           our
           Constitution
           ;
           so
           they
           will
           always
           be
           held
           worthy
           of
           the
           love
           and
           esteem
           of
           the
           People
           ,
           and
           both
           held
           and
           confided
           in
           as
           the
           Trustees
           for
           their
           Liberties
           ,
           and
           the
           Guardians
           of
           their
           Privileges
           and
           Rights
           .
           Yea
           ,
           many
           Persons
           in
           both
           those
           Assemblies
           ,
           which
           I
           have
           reflected
           upon
           ,
           have
           offended
           more
           through
           the
           Example
           of
           him
           they
           advanced
           over
           them
           ,
           than
           through
           the
           efficacy
           of
           their
           own
           ill
           Principles
           ;
           and
           have
           acted
           rather
           under
           the
           malignant
           Influence
           of
           the
           Prince
           of
           Orange
           ,
           with
           whom
           instead
           of
           being
           punishable
           to
           do
           ill
           ,
           it
           is
           meritorious
           ,
           than
           from
           their
           own
           Inclinations
           and
           Choice
           :
           So
           that
           their
           Faults
           may
           be
           called
           rather
           the
           Vices
           of
           the
           Age
           than
           of
           Men
           ;
           and
           more
           the
           Effects
           of
           an
           unjust
           Government
           than
           of
           personal
           Corruption
           and
           Pravity
           .
           And
           they
           may
           be
           said
           to
           have
           done
           them
           ,
           rather
           that
           they
           might
           be
           in
           the
           Fashion
           ,
           than
           that
           they
           approved
           and
           liked
           them
           .
           For
           as
           honest
           ,
           just
           ,
           and
           honourable
           Things
           are
           only
           then
           in
           most
           esteem
           ,
           when
           they
           are
           most
           practised
           ;
           so
           dishonest
           and
           unjust
           are
           not
           thought
           very
           disgraceful
           ,
           when
           they
           are
           the
           Modes
           of
           the
           Court.
           For
           it
           is
           unlikely
           but
           that
           M.
           Hungerford
           might
           think
           it
           a
           slight
           and
           venial
           Offence
           to
           take
           
             Twenty
             Guineas
          
           of
           the
           Chamber
           of
           London
           ,
           as
           he
           was
           Chair-man
           of
           the
           Committee
           of
           the
           
             Orphans
             Bill
          
           ;
           when
           the
           Prince
           of
           Orange
           ,
           and
           his
           Broker
           Benting
           ,
           are
           said
           to
           have
           received
           very
           large
           Bribes
           of
           the
           
             East
             India
          
           Company
           for
           their
           Charter
           ,
           which
           the
           House
           of
           Commons
           expected
           should
           have
           been
           given
           gratis
           .
           And
           undoubtedly
           the
           worst
           Things
           practised
           by
           some
           ,
           have
           been
           hitherto
           winked
           and
           connived
           at
           by
           others
           ,
           not
           out
           of
           enmity
           to
           their
           Country
           ,
           but
           in
           hatred
           to
           the
           Usurper
           ;
           
           that
           by
           the
           Mischiefs
           accompanying
           Rebellion
           ,
           those
           Subjects
           that
           have
           only
           been
           so
           weak
           and
           foolish
           as
           to
           suffer
           themselves
           to
           be
           misled
           ,
           may
           be
           the
           better
           cured
           of
           their
           Disloyalty
           :
           And
           that
           by
           what
           they
           feel
           and
           suffer
           under
           an
           unnatural
           Intruder
           into
           his
           Uncle
           and
           Father
           in
           Law
           's
           Throne
           ,
           they
           may
           be
           the
           sooner
           and
           more
           effectually
           converted
           to
           their
           Rightful
           Sovereign
           .
           And
           as
           for
           those
           who
           have
           practised
           those
           Crimes
           from
           Inclination
           and
           corrupt
           Temper
           ,
           they
           serve
           to
           shew
           what
           a
           miserable
           Government
           this
           is
           ;
           where
           either
           a
           few
           little
           profligate
           Wretches
           ,
           or
           such
           of
           higher
           Rank
           as
           are
           the
           most
           vitious
           and
           depraved
           in
           their
           Country
           ,
           come
           to
           make
           a
           Figure
           as
           if
           they
           were
           a
           needful
           part
           of
           the
           State.
           And
           to
           fill
           those
           Seats
           ,
           Places
           and
           Posts
           ,
           which
           used
           under
           good
           Reigns
           ,
           and
           during
           the
           Sovereignty
           of
           Rightful
           Princes
           ,
           to
           be
           both
           the
           Badges
           and
           Rewards
           of
           Vertue
           and
           Desert
           .
           Nor
           ought
           we
           to
           despair
           ,
           but
           a
           time
           will
           come
           when
           the
           Nation
           will
           so
           far
           recover
           its
           Wits
           ,
           as
           well
           as
           its
           Loyalty
           ,
           as
           to
           make
           the
           Punishment
           of
           those
           Miscreants
           ,
           and
           Assassinates
           of
           their
           Country
           ,
           a
           terrour
           to
           all
           others
           from
           offending
           hereafter
           in
           the
           like
           kind
           .
        
         
           But
           though
           Parliaments
           have
           either
           originally
           from
           the
           first
           Frame
           of
           our
           Government
           ,
           or
           by
           acquisition
           from
           Royal
           Grants
           ,
           obtained
           that
           Room
           ,
           Place
           ,
           and
           Share
           in
           our
           Constitution
           ,
           as
           gives
           them
           a
           great
           ,
           honourable
           ,
           and
           necessary
           Figure
           in
           the
           English
           Government
           ,
           and
           whereof
           no
           King
           can
           deprive
           them
           ,
           while
           he
           acteth
           legally
           and
           according
           to
           the
           tenor
           of
           our
           Laws
           ;
           yet
           they
           are
           so
           far
           from
           having
           an
           universal
           ,
           unlimitted
           ,
           and
           arbitrarious
           Power
           ,
           that
           besides
           those
           Restrictions
           and
           Limitations
           which
           they
           are
           under
           by
           our
           Statute
           and
           Common
           Laws
           ,
           whereof
           hereafter
           ,
           they
           do
           also
           stand
           confined
           and
           regulated
           by
           the
           Nature
           and
           Quality
           of
           the
           very
           Constitution
           ,
           as
           to
           all
           the
           great
           Ends
           and
           principal
           Exercises
           of
           Parliamentary
           Power
           .
           For
           though
           Government
           ,
           taken
           in
           the
           whole
           complex
           of
           it
           ,
           cannot
           safely
           subsist
           ,
           and
           much
           less
           provide
           against
           all
           Emergencies
           ,
           and
           occasional
           Mischiefs
           and
           Inconveniencies
           ,
           without
           being
           cloathed
           with
           ,
           and
           having
           in
           some
           Sense
           inherent
           in
           it
           ,
           an
           absolute
           and
           arbitrary
           Power
           .
           So
           that
           taking
           the
           whole
           compound
           ,
           and
           all
           the
           constituent
           Parts
           of
           the
           English
           Government
           in
           their
           Bulk
           and
           Complex
           together
           ,
           our
           Government
           is
           no
           less
           arbitrary
           and
           unconfined
           than
           the
           Government
           of
           France
           is
           .
           But
           then
           that
           arbitrary
           and
           unrestrained
           Power
           ,
           as
           it
           referreth
           and
           belongeth
           not
           to
           the
           Executive
           Part
           of
           Government
           ,
           but
           meerly
           and
           solely
           to
           the
           Legislative
           ;
           so
           it
           appertaineth
           not
           to
           any
           that
           have
           
           Accession
           unto
           and
           Share
           in
           the
           Legislative
           separate
           and
           apart
           from
           one
           another
           ,
           or
           as
           they
           are
           taken
           disjunctively
           and
           distributively
           ,
           but
           as
           they
           act
           in
           conjunction
           ,
           and
           are
           taken
           collectively
           .
           That
           is
           ,
           although
           the
           whole
           Executive
           Power
           of
           the
           Government
           be
           in
           the
           King
           only
           and
           alone
           ,
           and
           not
           any
           ways
           in
           others
           ,
           than
           as
           they
           derive
           and
           receive
           the
           respective
           Authorities
           and
           Branches
           of
           Power
           which
           the
           Law
           vests
           in
           such
           and
           such
           Officers
           ,
           by
           and
           from
           his
           Nomination
           and
           Commission
           ;
           yet
           neither
           the
           King
           singly
           and
           apart
           ,
           and
           much
           less
           either
           or
           both
           Houses
           in
           separation
           and
           disjunction
           from
           the
           King
           ,
           can
           either
           Make
           and
           Enact
           ,
           or
           Repeal
           and
           Abrogate
           Laws
           .
           But
           then
           whereas
           the
           whole
           Executive
           Power
           of
           the
           Government
           lodged
           and
           trusted
           with
           the
           King
           ,
           is
           in
           all
           the
           Parts
           of
           it
           placed
           in
           and
           and
           committed
           to
           him
           ,
           under
           the
           Direction
           and
           Circumscription
           of
           known
           and
           existent
           Laws
           ;
           so
           that
           his
           very
           Prerogative
           ,
           which
           no
           Laws
           have
           nor
           can
           give
           particular
           Directions
           for
           the
           Exercise
           of
           it
           ,
           in
           all
           Cases
           and
           to
           all
           the
           Degrees
           and
           Dimensions
           that
           it
           may
           be
           needful
           as
           well
           as
           convenient
           ,
           is
           nevertheless
           in
           all
           the
           just
           Exertions
           of
           it
           only
           besides
           the
           Laws
           ,
           but
           never
           can
           be
           put
           forth
           righteously
           ,
           no
           more
           than
           it
           can
           be
           wisely
           in
           opposition
           unto
           ,
           or
           against
           them
           .
           Yea
           all
           the
           honourable
           Exercises
           of
           the
           Royal
           and
           Sovereign
           Prerogative
           are
           for
           ,
           and
           in
           order
           to
           the
           great
           End
           of
           the
           Laws
           ,
           namely
           ,
           the
           Publick
           Good
           ;
           and
           thereby
           lie
           under
           the
           Guidance
           and
           Conduct
           of
           the
           first
           and
           highest
           Law
           of
           the
           Society
           ,
           which
           is
           that
           of
           
             Salus
             Populi
          
           .
           It
           is
           much
           otherwise
           as
           to
           the
           Legislative
           Part
           ,
           by
           which
           the
           King
           with
           the
           Consent
           of
           the
           two
           Houses
           may
           without
           any
           foregoing
           Restriction
           or
           Limitation
           arbitrarily
           ,
           and
           with
           an
           absoluteness
           of
           Power
           ,
           either
           enact
           and
           establish
           ,
           or
           cancel
           and
           abrogate
           ,
           whatsoever
           Laws
           he
           pleases
           ;
           provided
           they
           overthrow
           not
           the
           Constitution
           ,
           nor
           alter
           the
           first
           and
           main
           Essentials
           of
           it
           .
           Nor
           is
           the
           Legislative
           Power
           of
           France
           more
           despotical
           and
           arbitrary
           than
           this
           is
           (
           and
           no
           Man
           will
           say
           that
           the
           French
           King
           is
           arbitrary
           ,
           or
           acts
           otherwise
           than
           according
           to
           his
           own
           Edicts
           in
           the
           Executive
           Part
           )
           only
           we
           give
           it
           that
           Name
           ,
           because
           the
           whole
           Legislative
           Right
           and
           Authority
           is
           lodged
           entirely
           in
           that
           King
           ,
           without
           the
           Intervention
           ,
           Concurrence
           ,
           or
           Consent
           of
           any
           others
           ;
           save
           what
           is
           meerly
           obediential
           in
           Registring
           his
           Edicts
           ,
           but
           not
           Consultative
           ,
           and
           much
           less
           in
           any
           Sense
           Authoritative
           ;
           whereas
           we
           preclude
           the
           Terms
           absolute
           ,
           arbitrary
           ,
           and
           despotical
           ,
           out
           of
           the
           Stile
           of
           our
           Legislation
           ,
           notwithstanding
           it
           be
           in
           reality
           and
           
           effect
           so
           ,
           meerly
           because
           the
           whole
           Power
           of
           making
           Laws
           is
           not
           so
           solely
           lodged
           in
           the
           King
           ,
           as
           that
           he
           can
           do
           it
           without
           the
           Concurrence
           and
           previous
           Consent
           of
           the
           two
           Houses
           .
           I
           said
           that
           the
           Power
           of
           enacting
           and
           abrogating
           Laws
           is
           unlimitted
           and
           arbitrary
           in
           the
           King
           and
           the
           two
           Houses
           ;
           He
           and
           they
           acting
           conjunctly
           ,
           and
           each
           in
           their
           own
           and
           proper
           Spheres
           ,
           provided
           they
           be
           not
           such
           Laws
           ,
           nor
           Repeals
           of
           Laws
           ,
           as
           do
           overthrow
           the
           Constitution
           ,
           or
           alter
           or
           change
           the
           chief
           and
           principal
           Essentials
           of
           it
           .
           For
           the
           preservation
           of
           ,
           and
           adherence
           to
           the
           Constitution
           ,
           is
           the
           Measure
           and
           Standard
           of
           the
           whole
           Legislative
           Power
           and
           Authority
           of
           England
           .
           Nor
           can
           the
           King
           grant
           ,
           nor
           the
           two
           Houses
           desire
           or
           accept
           ,
           nor
           all
           of
           them
           together
           in
           their
           several
           and
           respective
           ways
           of
           Concurrence
           and
           Influence
           into
           the
           making
           Laws
           ,
           enact
           any
           such
           Things
           ,
           
             Quae
             neque
             dari
             ,
             neque
             accipi
             ,
             salva
             Republica
             possint
             ,
          
           that
           I
           may
           use
           the
           Words
           of
           Tacitus
           ,
           which
           may
           subvert
           or
           change
           the
           Nature
           of
           the
           Government
           .
           For
           as
           the
           Parliament
           is
           become
           an
           Ingredient
           into
           the
           Constitution
           ,
           in
           order
           to
           preserve
           the
           Liberties
           and
           Privileges
           of
           the
           People
           ,
           and
           not
           to
           betray
           them
           ;
           so
           they
           stand
           confined
           ,
           limitted
           and
           restrained
           ,
           by
           the
           Form
           ,
           Nature
           ,
           and
           Quality
           of
           the
           Constitution
           ,
           from
           all
           Right
           ,
           Authority
           ,
           and
           Power
           of
           making
           us
           Slaves
           ,
           Bondmen
           ,
           and
           Villains
           ;
           and
           from
           surrendring
           ,
           giving
           up
           ,
           and
           parting
           with
           our
           Fundamental
           Freedoms
           ,
           Title
           to
           Property
           in
           our
           Goods
           and
           Estates
           ,
           or
           any
           Thing
           reserved
           unto
           us
           ,
           when
           we
           entered
           into
           Society
           ,
           and
           became
           Subjects
           of
           the
           English
           Monarchy
           .
           And
           on
           the
           other
           hand
           ,
           the
           King
           hath
           also
           by
           the
           Frame
           and
           Condition
           of
           the
           Constitution
           ,
           such
           Monarchical
           Powers
           and
           Prerogatives
           vested
           in
           him
           ,
           of
           which
           he
           is
           not
           Proprietor
           to
           dispose
           and
           alienate
           ,
           but
           Trustee
           to
           keep
           and
           maintain
           ,
           descendable
           to
           his
           Royal
           Successors
           ,
           having
           himself
           no
           higher
           or
           farther
           Interest
           in
           them
           ,
           than
           of
           
             Tenent
             Right
          
           for
           Life
           ;
           so
           that
           he
           stands
           restrained
           and
           disabled
           by
           the
           Constitution
           from
           parting
           with
           them
           .
           Nor
           can
           any
           Bill
           that
           hath
           both
           passed
           the
           two
           Houses
           ,
           and
           which
           is
           by
           the
           Royal
           Assent
           ratified
           into
           an
           Act
           of
           Parliament
           ,
           divest
           him
           of
           ,
           or
           take
           them
           from
           him
           .
           'T
           is
           true
           ,
           that
           it
           falleth
           under
           the
           Power
           of
           a
           Parliament
           ,
           not
           only
           to
           make
           a
           Grant
           and
           Gift
           to
           the
           King
           of
           so
           much
           of
           the
           Goods
           and
           Estates
           of
           the
           Subjects
           as
           may
           be
           either
           necessary
           for
           the
           support
           and
           splendor
           of
           his
           Sovereign
           Dignity
           ,
           or
           needful
           to
           empower
           him
           upon
           all
           Emergent
           Occasions
           to
           defend
           the
           Kingdom
           ;
           but
           they
           may
           likewise
           alienate
           and
           take
           from
           a
           
           People
           ,
           
             Qui
             nec
             totam
             servitutem
             pati
             possunt
             ,
             nec
             totam
             libertatem
             ;
             Who
             can
             as
             ill
             bear
             too
             much
             Liberty
             as
             too
             much
             Slavery
             ,
          
           all
           those
           pretended
           Privileges
           ,
           and
           claimed
           Rights
           and
           Immunities
           ,
           which
           naturally
           tempt
           if
           not
           enforce
           them
           to
           be
           Restless
           ,
           Turbulent
           ,
           and
           Seditious
           :
           But
           no
           Parliament
           hath
           or
           can
           have
           Authority
           to
           divest
           the
           Subjects
           of
           a
           Title
           or
           Right
           to
           the
           Freedom
           of
           their
           Persons
           ,
           and
           of
           a
           Property
           in
           their
           Estates
           ,
           save
           in
           Cases
           wherein
           by
           the
           common
           and
           known
           Laws
           they
           are
           forfeited
           .
           And
           on
           the
           other
           hand
           ,
           it
           lies
           under
           the
           Royal
           Power
           of
           the
           King
           to
           make
           such
           Acts
           at
           the
           Desire
           and
           Petition
           of
           the
           Lords
           and
           Commons
           in
           the
           way
           of
           Bills
           ,
           by
           which
           those
           Flowers
           ,
           Ornaments
           ,
           and
           Prerogatives
           of
           the
           Crown
           may
           be
           alienated
           ,
           and
           granted
           away
           from
           it
           ,
           which
           were
           needless
           ,
           burthensom
           ,
           and
           obviously
           dangerous
           to
           the
           People
           ,
           That
           thereupon
           Sovereignty
           in
           the
           Prince
           may
           amicably
           consist
           with
           Freedom
           and
           Safety
           in
           the
           Subject
           ,
           and
           that
           our
           Princes
           may
           have
           the
           Honour
           and
           Praise
           which
           Tacitus
           gives
           Nerva
           ,
           when
           he
           tells
           us
           ,
           That
           
             res
             olim
             dissociabiles
             miscuit
             Principatum
             ac
             Libertatem
             ;
             He
             reconciled
             Sovereignty
             in
             the
             Monarch
             with
             Liberty
             in
             the
             People
             .
          
           But
           then
           they
           can
           make
           no
           such
           Acts
           and
           Statutes
           ,
           nor
           will
           the
           Constitution
           allow
           they
           should
           ,
           by
           which
           the
           King
           may
           either
           be
           barred
           of
           the
           Allegiance
           ,
           Fealty
           ,
           and
           Obedience
           of
           his
           Subjects
           ,
           or
           be
           deprived
           and
           divested
           of
           the
           Counterpart
           of
           it
           ,
           inseparaby
           appendent
           unto
           and
           resident
           in
           himself
           ;
           namely
           ,
           of
           Trust
           and
           Power
           to
           rule
           and
           defend
           his
           People
           .
           And
           should
           either
           a
           Parliament
           be
           so
           passionate
           and
           encroaching
           as
           to
           present
           and
           demand
           these
           Things
           in
           Bills
           ,
           or
           a
           King
           so
           weak
           or
           indiscreet
           as
           to
           raise
           them
           unto
           the
           Title
           of
           Laws
           ,
           by
           giving
           the
           Royal
           Assent
           to
           them
           ;
           yet
           they
           never
           would
           be
           good
           and
           legal
           Acts
           ,
           nor
           have
           the
           force
           and
           virtue
           of
           Laws
           ,
           though
           they
           carried
           the
           Name
           ,
           but
           they
           would
           
             ipso
             facto
          
           be
           void
           in
           themselves
           ,
           as
           being
           directly
           repugnant
           unto
           ,
           and
           perfectly
           subversive
           of
           the
           Constitution
           .
           So
           that
           how
           large
           ,
           extensive
           ,
           and
           unlimitted
           soever
           ,
           the
           Power
           of
           a
           King
           and
           Parliament
           acting
           in
           conjunction
           may
           be
           ;
           yet
           there
           are
           some
           Essentials
           and
           Fundamentals
           of
           the
           English
           Government
           ,
           whereof
           a
           few
           relate
           to
           Privileges
           incident
           to
           the
           People
           of
           England
           ,
           as
           they
           are
           a
           free
           Nation
           ;
           and
           divers
           are
           intrinsical
           to
           the
           Royal
           Authority
           ,
           and
           inseparable
           from
           the
           Person
           and
           Dignity
           of
           the
           King
           ;
           that
           the
           very
           Constitution
           makes
           them
           Sacredly
           unchangeable
           ,
           and
           sets
           them
           out
           of
           the
           reach
           of
           King
           and
           Parliament
           to
           meddle
           with
           .
           
           And
           should
           they
           ever
           attempt
           it
           ,
           they
           would
           thereby
           immediately
           destroy
           themselves
           ,
           and
           become
           divested
           of
           all
           the
           Power
           and
           Authority
           they
           have
           or
           claim
           ;
           because
           ,
           deriving
           all
           their
           Jurisdictions
           from
           the
           Constitution
           ,
           and
           having
           no
           other
           Title
           to
           them
           but
           what
           that
           gives
           ,
           whensoever
           that
           is
           overturned
           and
           subverted
           ,
           all
           other
           Powers
           sink
           and
           fall
           with
           it
           .
           Nor
           is
           there
           any
           Thing
           more
           common
           in
           our
           Books
           ,
           than
           that
           notwithstanding
           the
           Almightiness
           of
           Parliaments
           ,
           yet
           there
           are
           some
           Things
           that
           cannot
           be
           taken
           away
           by
           them
           .
           As
           no
           Attainder
           by
           Parliament
           lies
           against
           a
           King
           rightfully
           gotten
           into
           the
           Possession
           of
           the
           Crown
           ,
           but
           he
           stands
           
             ipso
             facto
          
           Guiltless
           and
           Innocent
           in
           the
           esteem
           and
           account
           of
           the
           Law.
           Nor
           is
           it
           in
           the
           Power
           of
           a
           Parliament
           to
           take
           away
           or
           dispose
           of
           the
           Right
           of
           a
           Kingdom
           ,
           as
           the
           Case
           has
           it
           ,
           1
           Hen.
           7.
           
           Neither
           can
           a
           Parliament
           barr
           a
           King
           of
           the
           Right
           of
           his
           Regality
           ,
           as
           that
           no
           Lands
           shall
           hold
           of
           him
           ;
           and
           therefore
           when
           there
           was
           an
           endeavour
           carrying
           on
           in
           the
           beginning
           of
           the
           Reign
           of
           King
           James
           the
           First
           ,
           to
           have
           taken
           away
           all
           Tenures
           by
           Act
           of
           Parliament
           ,
           it
           was
           resolved
           by
           all
           the
           Judges
           ,
           That
           such
           a
           Stature
           ,
           had
           it
           been
           enacted
           ,
           would
           have
           been
           a
           void
           Statute
           .
           This
           might
           be
           enlarged
           in
           many
           other
           Instances
           ,
           but
           these
           are
           enough
           to
           illustrate
           and
           confirm
           what
           I
           have
           mentioned
           ;
           only
           before
           I
           dismiss
           this
           Head
           ,
           give
           me
           leave
           to
           make
           those
           Reflexions
           upon
           the
           two
           
             Revolutional
             Parliaments
          
           ,
           and
           their
           pretended
           Parliamentary
           Proceedings
           ,
           as
           will
           serve
           to
           set
           it
           in
           a
           Meridian
           Light
           ,
           That
           they
           have
           not
           only
           exceeded
           the
           Bounds
           prescribed
           in
           and
           by
           the
           Nature
           ,
           Frame
           ,
           and
           Quality
           of
           the
           Constitution
           ;
           but
           they
           have
           altered
           ,
           changed
           ,
           subverted
           and
           overthrown
           ,
           the
           very
           Constitution
           itself
           ,
           and
           thereby
           destroyed
           the
           Ancient
           Legal
           Government
           of
           England
           ;
           and
           have
           acted
           Traiterously
           towards
           their
           Country
           ,
           as
           well
           as
           Treasonably
           and
           Rebelliously
           against
           the
           King.
           And
           to
           begin
           with
           some
           Instances
           in
           matter
           of
           Fact
           ,
           wherein
           they
           have
           departed
           from
           ,
           and
           have
           acted
           in
           opposition
           unto
           all
           those
           main
           Essentials
           of
           the
           Constitution
           which
           relate
           to
           the
           Community
           ,
           whose
           Trustees
           they
           were
           originally
           intended
           to
           be
           for
           the
           preserving
           the
           Constitution
           entire
           and
           inviolated
           to
           them
           ,
           and
           to
           their
           Posterity
           .
           For
           Parliaments
           are
           so
           far
           from
           being
           by
           their
           primitive
           Institution
           appointed
           to
           be
           the
           Representatives
           of
           the
           People
           ,
           to
           destroy
           that
           which
           was
           ,
           and
           rightfully
           still
           is
           ,
           the
           English
           Government
           ;
           that
           the
           great
           end
           of
           their
           Ordination
           ,
           and
           of
           their
           being
           successively
           chosen
           ,
           trusted
           and
           empowered
           by
           the
           People
           ,
           is
           that
           they
           may
           
           assert
           ,
           maintain
           ,
           and
           uphold
           it
           .
           Nor
           can
           Five
           or
           Six
           hundred
           Men
           ,
           though
           they
           were
           both
           elected
           by
           Six
           hundred
           thousand
           ,
           (
           which
           I
           am
           sure
           is
           a
           far
           greater
           Number
           than
           all
           the
           allowed
           Electors
           of
           Members
           to
           Parliaments
           amounts
           unto
           )
           and
           though
           they
           should
           receive
           Credentials
           and
           Authorities
           from
           those
           Electors
           to
           alter
           the
           Government
           ,
           stand
           empowered
           by
           those
           means
           to
           do
           it
           ;
           but
           they
           should
           and
           ought
           previously
           to
           the
           attempting
           of
           it
           ,
           to
           have
           either
           an
           antecedent
           Signification
           of
           the
           Will
           and
           Pleasure
           of
           the
           many
           Millions
           of
           the
           Community
           ,
           and
           the
           Nation
           besides
           those
           ,
           or
           to
           receive
           a
           Substitution
           by
           and
           from
           them
           ,
           by
           which
           they
           are
           made
           their
           Representatives
           and
           Plenepotentiaries
           to
           act
           for
           them
           in
           that
           matter
           ,
           as
           they
           in
           their
           Wisdom
           shall
           find
           to
           be
           most
           for
           the
           Safety
           ,
           Good
           ,
           and
           Interest
           of
           the
           whole
           Society
           ,
           or
           of
           the
           universal
           Body
           of
           the
           People
           .
           But
           instead
           of
           this
           ,
           neither
           was
           the
           Community
           in
           the
           least
           consulted
           with
           ,
           either
           as
           to
           the
           knowing
           their
           Mind
           and
           Sense
           in
           that
           Affair
           ,
           or
           as
           to
           the
           obtaining
           from
           them
           a
           Deputation
           to
           act
           and
           do
           in
           their
           Names
           and
           Room
           ,
           whatsoever
           they
           in
           the
           Place
           and
           Quality
           of
           Deputies
           should
           judge
           to
           be
           necessary
           and
           most
           useful
           .
           Nor
           yet
           came
           these
           Parliaments
           together
           authorised
           and
           empowered
           for
           any
           such
           matter
           ,
           by
           those
           few
           upon
           whom
           the
           Right
           of
           electing
           Members
           of
           Parliament
           is
           devolved
           ,
           for
           the
           transacting
           Affairs
           in
           subordination
           unto
           ,
           consistency
           with
           ,
           and
           subserviency
           to
           the
           maintenance
           of
           the
           Constitution
           .
           Neither
           indeed
           could
           these
           Electors
           conveigh
           any
           such
           Right
           ,
           Authority
           ,
           or
           Power
           unto
           them
           ;
           seeing
           all
           that
           they
           stood
           in
           a
           Capacity
           to
           chuse
           them
           for
           ,
           was
           that
           they
           might
           be
           their
           Representatives
           for
           the
           preserving
           of
           the
           Constitution
           ,
           and
           for
           the
           upholding
           of
           the
           Government
           on
           the
           Basis
           and
           Foundation
           upon
           which
           it
           was
           originally
           established
           ,
           and
           did
           then
           stand
           .
           And
           yet
           these
           Parliaments
           have
           ,
           in
           defiance
           of
           all
           the
           Rules
           and
           Measures
           of
           the
           Constitution
           ,
           and
           in
           a
           treacherous
           Violation
           of
           all
           the
           Trust
           and
           Confidence
           reposed
           in
           them
           by
           their
           Country
           ,
           changed
           the
           whole
           Essential
           and
           Fundamental
           Frame
           of
           the
           Government
           of
           England
           ,
           and
           from
           an
           
             Hereditary
             Monarchy
          
           have
           made
           it
           an
           Elective
           .
           For
           abstracting
           from
           the
           barbarous
           and
           treasonable
           Injustice
           they
           have
           done
           the
           King
           (
           till
           hereafter
           )
           they
           have
           broken
           the
           Chain
           of
           the
           Lineal
           Succession
           ;
           and
           by
           dissolving
           that
           Link
           in
           the
           Instrument
           and
           Machine
           of
           our
           Government
           ,
           they
           have
           destroyed
           it
           as
           to
           what
           it
           was
           ,
           and
           what
           it
           still
           ought
           to
           be
           ,
           according
           both
           to
           the
           Fundamentals
           of
           our
           first
           Establishment
           into
           a
           Polity
           ,
           and
           the
           
           Common
           and
           Statute
           Laws
           of
           the
           Kingdom
           .
           And
           this
           they
           are
           become
           guilty
           of
           before
           God
           ,
           and
           accountable
           for
           in
           their
           Lives
           and
           Fortunes
           to
           their
           Country
           ,
           not
           only
           by
           barring
           the
           Right
           of
           the
           Prince
           of
           Wales
           ,
           who
           is
           lineal
           ,
           lawful
           ,
           and
           immediate
           Heir
           to
           the
           King
           his
           Father
           ,
           and
           by
           their
           vesting
           the
           Regal
           Administration
           in
           the
           Prince
           of
           Orange
           ,
           previously
           unto
           the
           Claim
           and
           Title
           of
           the
           late
           Princess
           of
           Orange
           ,
           but
           by
           postponing
           and
           justling
           out
           of
           its
           natural
           ,
           lineal
           ,
           and
           due
           Place
           ,
           the
           Right
           of
           the
           Princess
           of
           Denmark
           .
           And
           herein
           our
           unthinking
           ,
           soft
           headed
           ,
           Church
           of
           England
           Monarchical
           Men
           ,
           have
           suffered
           themselves
           to
           be
           wheedled
           by
           the
           Republican
           Whigs
           ,
           into
           a
           Conspiracy
           and
           Co-operation
           with
           them
           for
           the
           destruction
           of
           Regal
           Government
           .
           And
           by
           their
           having
           concurred
           to
           break
           the
           Line
           of
           the
           Descent
           of
           the
           Crown
           ,
           they
           have
           made
           it
           impossible
           ,
           on
           the
           Principles
           they
           have
           acted
           ,
           to
           assert
           the
           Regal
           Form
           of
           Government
           in
           any
           consistency
           with
           themselves
           ,
           when
           they
           come
           to
           be
           pressed
           on
           that
           hand
           by
           the
           Commonwealth-men
           .
           For
           by
           the
           same
           Topicks
           of
           Argumentation
           ,
           they
           may
           as
           well
           be
           prevailed
           upon
           to
           put
           by
           and
           lay
           aside
           any
           Heir
           to
           the
           Crown
           ,
           as
           to
           shut
           out
           and
           debar
           the
           Right
           one
           .
           For
           as
           all
           that
           your
           Democratical
           People
           designed
           by
           setting
           up
           the
           Man
           at
           Kensington
           ,
           was
           only
           to
           make
           a
           President
           whereby
           to
           usher
           in
           ,
           and
           give
           countenance
           to
           an
           Attempt
           against
           Royalty
           it self
           ;
           so
           having
           compassed
           their
           end
           ,
           they
           are
           endeavouring
           all
           they
           can
           to
           drop
           that
           Gentleman
           ,
           and
           to
           walk
           him
           as
           fast
           as
           they
           can
           out
           of
           the
           Kingdom
           .
           And
           to
           be
           prepared
           for
           the
           effecting
           of
           what
           they
           have
           in
           Projection
           ,
           they
           are
           studying
           by
           all
           fraudulent
           Arts
           towards
           the
           Prince
           of
           Orange
           ,
           and
           by
           all
           the
           Methods
           of
           Treachery
           to
           their
           Country
           ,
           to
           wind
           themselves
           into
           those
           Posts
           and
           Places
           of
           Interest
           ,
           Authority
           and
           Power
           ,
           by
           which
           they
           may
           be
           put
           into
           a
           condition
           ,
           and
           enabled
           to
           accomplish
           it
           .
           For
           though
           an
           Elective
           Monarchy
           is
           the
           worst
           Government
           that
           a
           People
           can
           fall
           under
           ,
           yet
           the
           Republican
           Whigs
           will
           not
           be
           willing
           to
           allow
           us
           so
           much
           as
           that
           ,
           but
           have
           in
           prospect
           the
           laying
           aside
           Kingship
           it self
           .
           For
           as
           they
           know
           that
           if
           the
           choice
           of
           a
           King
           were
           to
           be
           made
           by
           the
           Pole
           ,
           they
           are
           too
           few
           to
           carry
           it
           for
           one
           of
           that
           Faction
           by
           majority
           of
           Votes
           ,
           being
           in
           themselves
           a
           very
           diminutive
           and
           narrow
           Party
           ;
           and
           only
           believed
           to
           be
           numerous
           ,
           because
           they
           are
           more
           noisy
           than
           their
           Neighbours
           :
           So
           they
           would
           be
           loath
           to
           have
           it
           come
           to
           the
           Saber
           in
           the
           choice
           of
           a
           King
           ,
           as
           is
           sometimes
           practised
           in
           the
           Dyets
           of
           Poland
           ,
           the
           generality
           of
           the
           
           Faction
           being
           dastardly
           and
           cowardly
           ,
           though
           extreamly
           huffy
           ,
           while
           they
           imagine
           themselves
           out
           of
           the
           danger
           of
           Blows
           .
           And
           by
           that
           little
           knowledge
           I
           have
           of
           them
           ,
           they
           will
           always
           be
           found
           more
           faithless
           ,
           treacherous
           ,
           and
           worse
           Friends
           ,
           than
           daring
           and
           brave
           Enemies
           .
           But
           it
           is
           hoped
           that
           the
           old
           Loyalty
           of
           the
           Church
           of
           England
           Party
           will
           rouse
           it self
           out
           of
           that
           Lethargicalness
           into
           which
           they
           have
           been
           thrown
           ,
           by
           their
           Enemies
           concealed
           and
           covered
           under
           the
           Name
           of
           Friends
           ;
           and
           that
           upon
           revival
           and
           restoration
           of
           their
           former
           measure
           of
           Sincerity
           and
           Zeal
           for
           Monarchy
           ,
           they
           will
           not
           only
           obviate
           and
           defeat
           the
           Designs
           of
           the
           Republicans
           ,
           but
           make
           them
           feel
           their
           Resentments
           for
           having
           withdrawn
           ,
           misled
           ,
           and
           perverted
           them
           from
           ancient
           Principles
           .
           And
           indeed
           how
           artfully
           Zealous
           and
           Industrious
           soever
           ,
           your
           
             Trenchards
             ,
             Sommers
             ,
             Riches
             ,
             Clarks
             ,
          
           and
           your
           Commonwealths
           Men
           are
           ,
           who
           being
           so
           well
           known
           I
           need
           not
           Name
           them
           ,
           for
           the
           extirpating
           of
           Monarchy
           ;
           yet
           they
           are
           not
           very
           likely
           to
           compass
           the
           extinguishing
           and
           abolishing
           of
           that
           primitive
           and
           ancient
           Government
           of
           this
           Kingdom
           ,
           though
           they
           may
           possibly
           if
           longer
           connived
           at
           embroil
           the
           Nation
           ,
           and
           retard
           the
           Restoration
           for
           a
           while
           .
           But
           that
           is
           the
           most
           they
           can
           effect
           ;
           seeing
           as
           they
           have
           no
           large
           or
           considerable
           Interest
           either
           in
           City
           or
           Country
           ,
           so
           they
           have
           neither
           Vertue
           ,
           Honour
           ,
           or
           any
           of
           those
           Qualities
           which
           may
           gain
           the
           People
           ,
           either
           to
           esteem
           or
           to
           place
           confidence
           in
           them
           ,
           and
           much
           less
           to
           follow
           them
           with
           hazard
           of
           Lives
           and
           Fortunes
           .
           But
           in
           the
           mean
           time
           what
           becomes
           true
           English
           Men
           to
           think
           of
           ,
           and
           to
           do
           to
           these
           Parliaments
           ,
           which
           have
           altered
           and
           overthrown
           the
           Constitution
           that
           gave
           them
           the
           Right
           and
           Title
           to
           all
           they
           had
           ,
           either
           in
           the
           Freedom
           of
           their
           Persons
           ,
           or
           in
           the
           Property
           of
           their
           Goods
           .
           For
           they
           that
           have
           subverted
           the
           Fundamental
           Laws
           ,
           will
           much
           more
           do
           the
           same
           by
           other
           Laws
           ,
           if
           their
           Power
           were
           but
           answerable
           to
           their
           Will.
           And
           they
           who
           have
           disseised
           the
           
             King
             ,
             Prince
          
           of
           Wales
           ,
           and
           Princess
           of
           Denmark
           of
           their
           Right
           ,
           do
           not
           out
           of
           Principles
           of
           Conscience
           and
           Justice
           forbear
           to
           treat
           all
           Mankind
           at
           the
           same
           rate
           .
           Nor
           have
           these
           two
           Revolutional
           Parliaments
           been
           contented
           with
           the
           altering
           of
           the
           Government
           ,
           which
           both
           the
           Constitution
           barrs
           them
           from
           all
           rightful
           Capacity
           of
           doing
           ,
           and
           which
           through
           the
           Interest
           that
           every
           Subject
           has
           in
           it
           ,
           is
           the
           highest
           Injury
           and
           Wrong
           that
           can
           be
           done
           to
           every
           English
           Man
           ,
           for
           whose
           good
           Parliaments
           were
           originally
           designed
           ,
           and
           not
           for
           their
           hurt
           ;
           but
           these
           two
           Parliaments
           have
           
           in
           Contempt
           of
           ,
           and
           with
           the
           highest
           Violation
           of
           the
           very
           Fundamentals
           of
           the
           Constitution
           ,
           made
           a
           Sacrifice
           to
           the
           Man
           at
           Kensington
           of
           the
           Freedom
           and
           Liberty
           of
           our
           Persons
           ,
           contrary
           to
           all
           the
           Provisions
           wrapt
           up
           in
           the
           Constitution
           for
           the
           preserving
           and
           securing
           them
           unto
           us
           .
           For
           ,
           Sir
           ,
           suffer
           me
           to
           tell
           you
           ,
           That
           a
           Right
           and
           Title
           to
           the
           Freedom
           of
           our
           Persons
           ,
           save
           where
           we
           are
           precluded
           from
           that
           Right
           by
           Crimes
           against
           the
           Government
           ,
           or
           against
           that
           Justice
           which
           is
           necessary
           or
           convenient
           to
           be
           observed
           amongst
           Men
           ,
           doth
           not
           accrue
           and
           arise
           unto
           us
           either
           from
           
             Magna
             Charta
          
           ,
           the
           
             Petition
             of
             Right
          
           ,
           or
           the
           Statute
           of
           
             Habeas
             Corpus
          
           ;
           but
           it
           was
           reserved
           unto
           us
           ,
           and
           we
           were
           kept
           in
           Possession
           of
           it
           ,
           by
           the
           very
           Nature
           and
           Frame
           of
           our
           Constitution
           .
           For
           our
           whole
           Government
           was
           founded
           upon
           that
           Supposal
           and
           Concession
           ,
           That
           it
           was
           to
           be
           a
           Government
           of
           and
           over
           Free-men
           ,
           and
           not
           of
           and
           over
           Villains
           and
           Slaves
           .
           And
           the
           
             Great
             Charter
          
           ,
           and
           the
           
             other
             Laws
          
           which
           I
           have
           mentioned
           ,
           did
           not
           create
           and
           give
           us
           a
           Right
           to
           the
           Freedom
           of
           our
           Persons
           ;
           but
           they
           did
           only
           assert
           ;
           vindicate
           ,
           and
           fence
           it
           about
           .
           They
           were
           not
           Laws
           of
           manumission
           from
           Bondage
           ,
           but
           declaratory
           of
           our
           antecedent
           and
           inherent
           Title
           to
           Liberty
           .
           They
           wrested
           no
           new
           Privilege
           or
           Inheritance
           from
           the
           Crown
           for
           us
           ,
           they
           only
           repossessed
           us
           in
           what
           we
           had
           been
           illegally
           and
           forceably
           ejected
           from
           .
           They
           do
           not
           make
           us
           a
           Title
           where
           we
           antecedently
           had
           not
           one
           ;
           but
           do
           only
           clear
           up
           the
           Title
           which
           we
           had
           ,
           and
           set
           it
           in
           a
           brighter
           Light.
           For
           we
           had
           the
           same
           Claim
           to
           the
           Freedom
           of
           our
           Persons
           before
           those
           Laws
           were
           made
           which
           we
           have
           now
           ;
           though
           through
           the
           Fault
           of
           those
           that
           misled
           Princes
           ,
           we
           were
           sometimes
           wrongfully
           outed
           of
           it
           ,
           and
           had
           not
           those
           ready
           and
           effectual
           Remedies
           for
           recovering
           it
           ,
           as
           we
           have
           by
           
             Magna
             Charta
          
           ,
           and
           those
           other
           subsequent
           Laws
           .
           Nor
           is
           it
           unworthy
           of
           Remark
           ,
           that
           though
           some
           Kings
           ,
           through
           the
           Influence
           and
           Advice
           of
           some
           ill
           Ministers
           ,
           had
           now
           and
           then
           entrenched
           and
           made
           an
           Invasion
           upon
           that
           Liberty
           of
           our
           Persons
           ,
           reserved
           unto
           us
           in
           those
           Fundamental
           Rules
           upon
           which
           the
           Government
           was
           established
           ;
           yet
           Parliaments
           were
           always
           heretofore
           Advocates
           and
           Patrons
           of
           the
           Subjects
           Liberties
           .
           Laws
           relating
           to
           the
           Freedom
           of
           our
           Persons
           ,
           have
           been
           in
           some
           Reigns
           ,
           and
           by
           some
           Judges
           eluded
           ,
           and
           we
           have
           not
           had
           the
           speedy
           and
           full
           Benefit
           of
           them
           ;
           but
           there
           was
           never
           a
           Law
           ,
           before
           these
           unhappy
           and
           disloyal
           Parliaments
           made
           one
           ,
           by
           which
           we
           were
           to
           be
           robbed
           of
           our
           Liberties
           without
           a
           Forfeiture
           of
           them
           ,
           
           and
           be
           made
           Prisoners
           without
           cause
           .
           For
           by
           those
           Repeated
           Acts
           ,
           by
           which
           they
           suspended
           the
           
             Habeas
             Corpus
          
           Law
           ,
           they
           turned
           every
           English
           Man
           out
           of
           his
           Birth-right
           ,
           and
           stript
           him
           of
           the
           most
           valuable
           Blessing
           and
           Privilege
           of
           which
           he
           stood
           vested
           and
           possessed
           by
           the
           Fundamental
           Laws
           of
           the
           Government
           .
           And
           by
           the
           Authority
           which
           they
           took
           upon
           them
           to
           conveigh
           to
           the
           Usurper
           a
           Power
           of
           imprisoning
           some
           ,
           and
           detaining
           them
           in
           Custody
           ,
           without
           either
           shewing
           Cause
           ,
           or
           allowing
           the
           Injured
           those
           Reliefs
           reserved
           for
           us
           in
           the
           Constitution
           ;
           he
           and
           his
           Ministers
           might
           have
           imprisoned
           One
           hundred
           thousand
           ,
           if
           they
           had
           pleased
           to
           say
           they
           suspected
           so
           many
           .
           And
           that
           more
           were
           not
           thrust
           into
           Goals
           than
           there
           were
           ,
           was
           not
           from
           a
           narrowness
           of
           Power
           given
           to
           the
           Prince
           of
           Orange
           ,
           to
           whom
           they
           never
           gave
           any
           Thing
           confined
           within
           the
           bounds
           of
           Discretion
           and
           Modesty
           ,
           no
           more
           than
           of
           Justice
           ;
           but
           from
           a
           Scarcity
           of
           honest
           Men
           at
           that
           time
           in
           the
           Nation
           to
           merit
           his
           Jealousy
           .
           And
           it
           doth
           deserve
           your
           Observation
           ,
           That
           by
           their
           suspending
           the
           
             Habeas
             Corpus
          
           Act
           ,
           they
           not
           only
           also
           suspended
           
             Magna
             Charta
          
           ,
           and
           the
           
             Petition
             of
             Right
          
           ,
           but
           they
           shut
           us
           out
           both
           from
           the
           Benefit
           of
           the
           whole
           Common
           Law
           ,
           so
           far
           as
           it
           related
           to
           Liberty
           ,
           and
           from
           all
           the
           Succours
           and
           Advantages
           to
           which
           we
           stood
           entitled
           by
           the
           Essentials
           of
           the
           Constitution
           ,
           upon
           which
           the
           Common
           Law
           ,
           is
           only
           a
           Comentary
           .
           For
           by
           all
           these
           we
           had
           a
           Right
           either
           to
           sue
           out
           a
           
             Habeas
             Corpus
          
           ,
           or
           to
           betake
           our selves
           to
           some
           of
           the
           other
           Methods
           ,
           as
           those
           
             de
             homine
             repleviendo
             ,
             de
             odio
             &
             atia
             ,
          
           &c.
           which
           the
           Laws
           had
           provided
           for
           the
           Vindication
           and
           Recovery
           of
           our
           Freedom
           :
           But
           by
           one
           Blow
           we
           were
           barred
           the
           relief
           and
           help
           of
           all
           the
           Laws
           of
           England
           ;
           and
           were
           not
           only
           brought
           into
           a
           State
           of
           Bondage
           and
           Villainage
           ,
           but
           were
           put
           into
           a
           worse
           Condition
           than
           Bondsmen
           and
           Villains
           are
           .
           Seeing
           the
           Lord
           of
           a
           Villain
           could
           not
           command
           another
           to
           imprison
           his
           Villain
           without
           cause
           ,
           as
           appears
           in
           the
           two
           Book
           Cases
           of
           the
           7
           
             Ed.
             3.
             fol.
          
           50.
           and
           32
           
             Ed.
             3.
             fo
          
           .
           253.
           
           But
           the
           Prince
           of
           Orange
           had
           a
           Power
           given
           him
           to
           require
           his
           Secretaries
           ,
           or
           the
           Members
           of
           his
           Privy
           Council
           ,
           to
           imprison
           whomsoever
           he
           or
           they
           pleased
           ,
           without
           the
           assigning
           of
           his
           Cause
           for
           it
           ,
           save
           that
           they
           thought
           fit
           to
           suspect
           them
           .
           And
           whereas
           Villains
           ,
           when
           thrown
           into
           Prison
           by
           their
           Lords
           ,
           were
           not
           barred
           the
           suing
           out
           of
           a
           
             Habeas
             Corpus
          
           ,
           or
           of
           using
           some
           other
           legal
           means
           for
           the
           Recovery
           of
           their
           Liberty
           ;
           many
           of
           the
           Peers
           ,
           Gentry
           ,
           and
           Free-men
           of
           England
           ,
           have
           by
           two
           several
           Acts
           of
           
           these
           Revolutional
           Parliaments
           been
           precluded
           from
           all
           ways
           and
           means
           of
           regaining
           their
           Freedom
           in
           a
           course
           of
           Law
           ;
           and
           thereby
           were
           reduced
           ;
           during
           the
           time
           of
           the
           force
           and
           operation
           of
           those
           Statutes
           ,
           into
           a
           worse
           State
           than
           that
           of
           Slaves
           and
           Bondmen
           .
           And
           it
           would
           seem
           they
           had
           a
           mind
           by
           those
           Acts
           to
           establish
           and
           confirm
           the
           Usurper's
           Conquest
           over
           the
           Kingdom
           ,
           and
           to
           make
           us
           as
           much
           his
           Vassals
           as
           the
           Lloyds
           and
           Burnets
           have
           endeavoured
           to
           render
           us
           ;
           and
           to
           the
           disgrace
           of
           the
           Nation
           have
           hitherto
           escaped
           the
           being
           impeached
           for
           it
           .
           And
           as
           these
           Parliaments
           have
           ,
           in
           their
           Actings
           towards
           the
           People
           ,
           trangressed
           all
           the
           Bounds
           to
           which
           they
           were
           circumscribed
           and
           confined
           ,
           by
           the
           form
           and
           quality
           of
           the
           Constitution
           ;
           so
           they
           have
           departed
           more
           extravagantly
           from
           all
           the
           Fundamental
           Rules
           of
           our
           Government
           in
           those
           Things
           which
           they
           have
           acted
           traiterously
           and
           rebelliously
           against
           the
           King.
           Nor
           is
           there
           so
           much
           as
           one
           step
           that
           they
           have
           taken
           in
           their
           Behaviour
           and
           Proceedings
           towards
           him
           ,
           but
           what
           is
           directly
           repugnant
           unto
           ,
           and
           utterly
           subversive
           of
           the
           Constitution
           .
           It
           is
           true
           ,
           that
           by
           the
           Nature
           ,
           Kind
           ,
           and
           Quality
           of
           our
           Government
           ,
           every
           King
           of
           England
           ought
           to
           rule
           over
           us
           as
           over
           Free-men
           ,
           and
           according
           to
           those
           Laws
           which
           should
           at
           any
           time
           be
           enacted
           by
           our
           Sovereigns
           ,
           by
           and
           with
           the
           consent
           of
           their
           great
           Council
           ;
           but
           it
           was
           withall
           provided
           and
           taken
           care
           for
           ,
           in
           the
           very
           Mould
           and
           Frame
           of
           our
           Constitution
           ,
           that
           the
           Person
           of
           the
           King
           ,
           his
           Crown
           and
           Royal
           Dignity
           ,
           should
           be
           always
           sacred
           and
           inviolable
           .
           I
           do
           not
           say
           that
           it
           was
           made
           Lawful
           for
           a
           King
           to
           oppress
           us
           ,
           or
           to
           treat
           us
           in
           what
           manner
           he
           pleased
           ;
           but
           instead
           of
           that
           ,
           he
           was
           taught
           by
           the
           very
           Form
           of
           our
           Government
           that
           he
           was
           to
           rule
           over
           us
           for
           our
           Safety
           and
           Good
           ,
           and
           to
           govern
           by
           such
           Laws
           as
           we
           should
           chuse
           .
           Nor
           can
           any
           King
           do
           otherwise
           ,
           without
           becoming
           guilty
           before
           God
           both
           of
           great
           Injustice
           ,
           and
           of
           Infidelity
           ,
           in
           the
           Trust
           that
           was
           reposed
           in
           him
           .
           But
           in
           case
           that
           through
           any
           intellectual
           and
           moral
           Defects
           in
           himself
           ,
           or
           through
           the
           Influence
           and
           Advice
           of
           evil
           Men
           about
           him
           ,
           he
           should
           be
           misled
           and
           carried
           to
           do
           otherwise
           ,
           all
           that
           is
           then
           allowed
           us
           is
           to
           address
           God
           by
           Prayers
           ,
           and
           him
           by
           Petitions
           ;
           and
           after
           our
           refusing
           to
           be
           our selves
           the
           Instruments
           in
           executing
           his
           Arbitrary
           and
           Illegal
           will
           ,
           both
           to
           complain
           of
           those
           that
           are
           ,
           and
           to
           persue
           all
           the
           Methods
           of
           Law
           for
           getting
           them
           punished
           .
           We
           always
           may
           ,
           and
           ought
           to
           pray
           ,
           that
           our
           Kings
           may
           be
           good
           ;
           but
           we
           are
           to
           bear
           with
           ,
           and
           patiently
           to
           suffer
           under
           them
           if
           they
           
           be
           bad
           .
           
             Bonos
             voto
             expetere
             ,
             qualescunque
             tolerare
             ,
          
           as
           Tacitus
           expresses
           it
           .
           And
           he
           must
           be
           a
           very
           weak
           and
           unwise
           King
           ,
           that
           will
           not
           study
           to
           carry
           so
           ,
           as
           that
           his
           People
           may
           not
           wish
           another
           in
           his
           room
           .
           But
           should
           they
           either
           be
           such
           bad
           Men
           themselves
           as
           be
           inclined
           in
           their
           own
           Natures
           to
           oppress
           their
           People
           ,
           or
           should
           they
           be
           so
           weak
           as
           to
           be
           the
           meer
           Properties
           of
           bad
           Men
           admitted
           into
           their
           Confidence
           ;
           like
           him
           of
           whom
           Tacitus
           says
           ,
           
             Cui
             non
             Iudicium
             ,
             non
             odium
             ●rat
             ,
             nisi
             indita
             &
             Iussa
          
           ;
           who
           did
           nothing
           on
           his
           own
           Judgment
           and
           Choice
           ,
           but
           every
           thing
           at
           the
           Pleasure
           and
           Instigation
           of
           his
           Minions
           :
           Yet
           we
           are
           to
           endure
           it
           ,
           and
           only
           to
           refer
           the
           revenging
           of
           our
           Condition
           to
           God
           ,
           who
           can
           make
           those
           Kings
           that
           are
           hurtful
           to
           their
           People
           ,
           either
           a
           terrour
           to
           themselves
           ,
           through
           inward
           Vexation
           and
           Horrour
           while
           they
           are
           here
           ,
           or
           take
           them
           hence
           ,
           and
           call
           them
           to
           a
           severe
           Account
           at
           his
           own
           impartial
           and
           righteous
           Tribunal
           .
           Accordingly
           it
           hath
           always
           been
           the
           Opinion
           of
           our
           Lawyers
           ,
           save
           in
           Rebellious
           Times
           ,
           That
           though
           the
           King
           be
           under
           the
           Directive
           Power
           of
           the
           Laws
           ,
           yet
           he
           is
           not
           under
           the
           Coercive
           .
           And
           suffer
           me
           to
           cite
           a
           Passage
           of
           
           Bracton's
           to
           this
           purpose
           ,
           where
           speaking
           of
           the
           King
           of
           England
           ,
           as
           he
           is
           and
           ought
           to
           be
           by
           the
           Constitution
           ,
           he
           says
           ,
           
             Nec
             potest
             ei
             necessitatem
             aliquis
             imponere
             quod
             injuriam
             suam
             corrigat
             &
             emendet
             cum
             superiorem
             non
             habeat
             nisi
             Deum
             &
             satis
             erit
             ei
             ad
             paenam
             quod
             Dominum
             expectet
             ultorem
             ;
             None
             can
             correct
             the
             King
             in
             that
             he
             hath
             no
             Superior
             but
             God
             ,
             and
             that
             will
             be
             sufficient
             Punishment
             ,
             that
             he
             expect
             the
             Lord
             for
             his
             Avenger
             .
          
           Indeed
           the
           Constitution
           both
           instructs
           Princes
           for
           what
           end
           we
           pitched
           upon
           this
           Species
           and
           Kind
           of
           Regal
           Government
           ,
           and
           directs
           them
           to
           rule
           for
           the
           Safety
           ,
           Interest
           ,
           and
           Prosperity
           of
           their
           Subjects
           ;
           but
           there
           is
           no
           
             Original
             Contract
          
           ,
           nor
           Stipulatory
           Agreement
           ,
           by
           which
           it
           is
           provided
           ,
           That
           if
           Princes
           do
           not
           as
           they
           should
           ,
           they
           do
           either
           forfeit
           their
           Sovereign
           Authority
           ,
           or
           that
           we
           may
           lawfully
           rebel
           against
           and
           dethrone
           them
           .
           Nor
           do
           any
           Presidents
           or
           Examples
           of
           that
           kind
           ,
           as
           those
           of
           deposing
           Edward
           the
           Second
           ,
           and
           Richard
           the
           Second
           ,
           shew
           ,
           that
           it
           was
           lawful
           ,
           or
           a
           Thing
           that
           either
           the
           Constitution
           ,
           or
           subsequent
           Laws
           ,
           did
           authorise
           and
           countenance
           ;
           but
           they
           only
           declared
           what
           a
           provoked
           People
           will
           sometimes
           do
           ,
           though
           it
           be
           never
           so
           much
           against
           their
           Allegiance
           and
           Duty
           to
           their
           King
           ,
           and
           most
           highly
           offensive
           to
           God.
           However
           ,
           
             vivendum
             est
             legibus
             non
             exemplis
          
           ;
           we
           are
           to
           live
           according
           to
           the
           Laws
           ,
           and
           not
           according
           to
           a
           few
           occasional
           ill
           Practices
           and
           Examples
           .
           
           And
           
             via
             facti
          
           is
           not
           always
           
             via
             juris
          
           :
           Nor
           will
           the
           Repetition
           of
           evil
           Things
           change
           the
           Nature
           of
           them
           ,
           and
           render
           them
           Justifiable
           .
           For
           as
           Civilians
           say
           ,
           
             Multitudo
             criminum
             ,
             &
             peccantium
             ,
             non
             parit
             crimini
             patrocinium
             .
          
           What
           can
           be
           more
           inconsistent
           with
           the
           Legality
           of
           the
           Abdication
           ,
           than
           the
           King
           's
           being
           vested
           by
           the
           Constitution
           with
           such
           Incidents
           to
           Government
           as
           lie
           in
           a
           direct
           Contradiction
           to
           our
           being
           allowed
           either
           a
           legal
           or
           moral
           Capacity
           of
           doing
           it
           ?
           namely
           ,
           That
           no
           act
           of
           Parliament
           can
           barr
           the
           King
           of
           his
           Regality
           ,
           and
           thereupon
           that
           the
           Allegiance
           and
           Fealty
           of
           his
           Subjects
           to
           him
           are
           indefeasable
           ,
           and
           that
           they
           can
           neither
           be
           lawfully
           withheld
           ,
           nor
           transferred
           from
           him
           .
           That
           the
           Power
           and
           Right
           of
           Peace
           and
           War
           are
           wholy
           ,
           solely
           ,
           and
           unalienably
           in
           the
           King
           ,
           and
           that
           all
           the
           Subjects
           of
           England
           cannot
           make
           and
           denounce
           War
           ,
           
             Indicere
             bellum
          
           ,
           without
           him
           ,
           as
           Coke
           tells
           us
           in
           his
           7
           Rep.
           25.
           
           Nor
           need
           we
           go
           farther
           for
           understanding
           the
           Nature
           of
           our
           Institution
           in
           this
           matter
           ,
           and
           for
           knowing
           what
           was
           involv'd
           and
           implied
           in
           it
           ,
           relative
           to
           the
           particular
           before
           us
           ,
           than
           to
           those
           many
           Statutes
           that
           are
           Declarative
           and
           Explanatory
           of
           the
           meaning
           of
           it
           .
           As
           that
           13
           
             Car.
             2.
             act
          
           .
           6.
           wherein
           it
           is
           enacted
           ,
           
             That
             the
             Sole
             ,
             Supreme
             Government
             ,
             Command
             ,
             and
             Disposition
             of
             the
             Militia
             ,
             and
             all
             Forces
             by
             Sea
             and
             Land
             ,
          
           &c.
           
             is
             ,
             and
             by
             the
             Laws
             of
          
           England
           
             ever
             was
             ,
             the
             undoubted
             Right
             of
             the
             Kings
             and
             Queens
             of
          
           England
           :
           
             And
             that
             both
             ,
             or
             either
             Houses
             of
             Parliament
             ,
             cannot
             ,
             nor
             ought
             not
             to
             pretend
             to
             the
             same
             ;
             nor
             can
             ,
             or
             lawfully
             may
             ,
             raise
             or
             levy
             any
             War
             offensive
             or
             defensive
             against
             his
             Majesty
             ,
             his
             Heirs
             and
             lawful
             Successors
             .
          
           And
           that
           other
           Act
           ,
           13
           Car.
           2.
           wherein
           it
           is
           ordained
           ,
           
             That
             whosoever
             shall
             hold
             that
             both
             Houses
             of
             Parliament
             ,
             or
             either
             House
             of
             Parliament
             ,
             have
             or
             hath
             a
             Legislative
             Power
             without
             the
             King
             ,
             shall
             incur
             the
             danger
             and
             penalty
             of
             a
             Premunire
             ,
             according
             to
             the
             Statute
             of
             the
             16
             Rich.
          
           2.
           
           And
           that
           other
           of
           the
           same
           Year
           of
           
             Car.
             2.
             
             Which
             made
             it
             Treason
             during
             his
             Life
             ,
             to
             compass
             ,
             imagine
             ,
             invent
             ,
             devise
             or
             intend
             ,
             to
             deprive
             and
             depose
             him
             from
             the
             Stile
             ,
             Honour
             ,
             or
             Kingly
             Name
             of
             the
             Imperial
             Crown
             of
             this
             Realm
             .
          
           The
           President
           whereof
           we
           had
           23
           Eliz.
           namely
           ,
           
             That
             whosoever
             shall
             wish
             or
             desire
             the
             Death
             or
             Deprivation
             of
             the
             Queen
             ,
             that
             every
             such
             Offence
             shall
             be
             adjudged
             Felony
             .
          
           To
           which
           I
           would
           only
           subjoyn
           that
           known
           Statute
           which
           makes
           it
           
             Treason
             to
             take
             up
             Arms
             against
             the
             King
             upon
             any
             Pretence
             whatsoever
             .
          
           And
           to
           shew
           the
           Impudence
           that
           always
           attendeth
           Disloyalty
           ,
           notwithstanding
           all
           that
           these
           Parliaments
           have
           perpetrated
           ,
           they
           have
           suffered
           all
           these
           Laws
           to
           remain
           still
           unrepealed
           ,
           to
           remain
           
           Monuments
           of
           their
           Treasonable
           Guilt
           ;
           and
           to
           abide
           Warnings
           to
           all
           Kings
           that
           shall
           come
           after
           ,
           how
           little
           Safe
           they
           are
           under
           the
           Fence
           ,
           Covering
           ,
           and
           Protection
           of
           Laws
           ,
           when
           they
           have
           false
           and
           treacherous
           Men
           to
           deal
           with
           .
           And
           that
           which
           heightens
           the
           Crime
           ,
           and
           enhaunceth
           the
           Guilt
           of
           those
           Parliaments
           ,
           is
           that
           they
           have
           usurped
           and
           exerted
           a
           Power
           inconsistent
           with
           and
           subversive
           of
           the
           Constitution
           ,
           in
           the
           abdicating
           and
           driving
           away
           a
           Prince
           ,
           who
           was
           the
           least
           chargeable
           with
           Miscarriages
           and
           Excesses
           in
           his
           Government
           of
           any
           that
           ever
           fat
           upon
           the
           Throne
           .
           For
           as
           his
           greatest
           pretended
           Faults
           were
           rather
           Mistakes
           he
           was
           led
           into
           by
           others
           ,
           than
           Injuries
           he
           chose
           to
           do
           of
           himself
           ;
           so
           most
           of
           them
           proceeded
           from
           an
           excess
           of
           Love
           to
           his
           People
           ,
           and
           from
           an
           Ardour
           of
           making
           them
           happier
           than
           they
           were
           willing
           to
           be
           ;
           and
           not
           from
           Disaffection
           to
           them
           ,
           or
           a
           Design
           to
           render
           them
           miserable
           .
           Nor
           did
           those
           flight
           Grievances
           of
           which
           his
           People
           so
           clamourously
           complained
           ,
           flow
           from
           his
           being
           a
           bad
           King
           ,
           but
           from
           the
           having
           bad
           and
           treacherous
           Friends
           about
           him
           .
           For
           though
           no
           Prince
           did
           ever
           ,
           by
           Condescention
           ,
           Bounty
           and
           Confidence
           ,
           deserve
           to
           have
           had
           better
           Ministers
           and
           Friends
           ;
           yet
           with
           respect
           to
           too
           many
           about
           him
           ,
           few
           Princes
           ever
           less
           had
           them
           .
           So
           that
           what
           Tacitus
           says
           of
           one
           may
           with
           a
           great
           deal
           of
           Truth
           be
           applied
           to
           his
           Majesty
           ,
           though
           not
           so
           much
           to
           his
           Dishonour
           as
           to
           the
           Infamy
           of
           those
           whom
           he
           employed
           and
           trusted
           ;
           namely
           ,
           That
           
             Amicos
             meruit
             ,
             magis
             quam
             ,
             habuit
             ;
             He
             was
             worthy
             of
             faithful
             Friends
             ,
             rather
             than
             had
             them
             .
          
           I
           would
           not
           be
           thought
           to
           intend
           what
           I
           have
           said
           of
           all
           that
           had
           the
           Honour
           to
           be
           esteemed
           his
           Friends
           ,
           Ministers
           ,
           and
           Servants
           ,
           it
           being
           only
           designed
           to
           affect
           a
           few
           of
           them
           ;
           but
           they
           were
           such
           as
           had
           frequentest
           and
           nearest
           Access
           to
           him
           ,
           and
           greatest
           Interest
           in
           ,
           and
           Influence
           upon
           his
           Councils
           ,
           whom
           he
           trusted
           too
           much
           to
           be
           well
           served
           by
           them
           ,
           and
           put
           himself
           too
           much
           in
           their
           Power
           to
           have
           them
           remain
           Faithful
           .
           For
           that
           of
           Tacitus
           will
           always
           hold
           true
           ,
           
             Nec
             unquam
             satis
             fida
             potentia
             ,
             ubi
             nimia
             est
             .
          
           In
           a
           word
           ,
           never
           did
           a
           People
           run
           head-long
           into
           Rebellion
           and
           War
           ,
           upon
           so
           few
           and
           small
           Faults
           in
           Government
           ,
           and
           so
           easy
           to
           have
           been
           borne
           with
           ,
           or
           obviated
           in
           modest
           and
           legal
           ways
           .
           So
           that
           had
           the
           means
           which
           we
           fled
           unto
           for
           Relief
           been
           Lawful
           (
           whereas
           they
           were
           Criminal
           and
           Treasonable
           in
           the
           highest
           degree
           )
           yet
           it
           was
           the
           height
           of
           Folly
           and
           Madness
           to
           use
           them
           upon
           such
           flight
           Occasions
           ,
           where
           the
           Remedy
           hath
           been
           a
           Thousand
           times
           worse
           
           than
           ever
           the
           Disease
           could
           have
           been
           .
           Common
           Prudence
           ,
           had
           we
           renounced
           Loyalty
           ,
           should
           have
           taught
           us
           ,
           That
           Force
           is
           never
           to
           be
           practised
           ,
           where
           Laws
           and
           humble
           Applications
           would
           have
           served
           ;
           and
           that
           violent
           means
           should
           not
           have
           been
           used
           ,
           where
           gentle
           would
           have
           done
           .
           
             Non
             utendum
             Imperio
          
           ,
           says
           Tacitus
           ;
           and
           I
           will
           add
           ,
           
             multo
             minus
             bello
             ,
             ubi
             legibus
             agi
             possit
             .
          
           And
           the
           mildest
           Character
           I
           can
           fasten
           upon
           our
           two
           Revolutional
           Parliaments
           ,
           abstracting
           from
           their
           Disloyalty
           and
           Treason
           ,
           is
           that
           they
           have
           been
           
             graviores
             remediis
             ,
             quam
             delicta
             erant
             ,
          
           they
           have
           almost
           ruined
           and
           destroyed
           the
           Nation
           ,
           on
           pretence
           of
           redressing
           Trifles
           .
           Nor
           indeed
           was
           it
           any
           Thing
           he
           either
           had
           done
           ,
           or
           designed
           to
           do
           ,
           that
           threw
           us
           into
           that
           brutal
           and
           disloyal
           Rage
           ;
           but
           he
           was
           a
           Catholick
           ,
           and
           the
           Demagogues
           and
           Indendiaries
           had
           taught
           the
           weak
           and
           bigotted
           part
           of
           Protestants
           to
           hate
           him
           for
           his
           Religion
           ;
           
             &
             invis●
             semel
             Principe
             ,
             seu
             bene
             seu
             male
             facta
             premunt
             .
          
           When
           a
           Prince
           is
           once
           wormed
           out
           of
           the
           Love
           of
           his
           People
           ,
           whatsoever
           he
           then
           doth
           ,
           though
           it
           be
           never
           so
           much
           for
           the
           Benefit
           of
           his
           Subjects
           ,
           it
           will
           be
           misinterpreted
           as
           done
           to
           their
           hurt
           .
           Nor
           will
           it
           ever
           cease
           to
           be
           an
           Aggravation
           of
           the
           Guilt
           of
           our
           Rebellion
           ,
           that
           we
           feared
           his
           Majesty's
           redressing
           what
           we
           had
           gotten
           represented
           unto
           ,
           and
           believed
           by
           the
           Nation
           to
           have
           been
           illegal
           ,
           grievous
           ,
           and
           arbitrary
           .
           For
           most
           Men
           do
           now
           know
           ,
           That
           if
           the
           Submission
           which
           they
           of
           
             Magdalen
             College
          
           sent
           up
           to
           my
           Lord
           S
           —
           to
           be
           laid
           before
           the
           King
           ,
           had
           come
           to
           his
           hands
           ,
           it
           would
           immediately
           have
           stopt
           all
           Proceedings
           against
           them
           ,
           and
           have
           restored
           them
           fully
           to
           his
           Favour
           and
           Grace
           :
           But
           that
           Submission
           was
           concealed
           from
           his
           Majesty
           not
           only
           out
           of
           Treachery
           to
           him
           ,
           but
           out
           of
           Design
           to
           serve
           the
           Prince
           of
           Orange
           ,
           in
           keeping
           on
           foot
           one
           of
           the
           great
           Designs
           of
           his
           Invasion
           .
           And
           although
           the
           King
           gave
           large
           and
           uncontroulable
           Proofs
           of
           having
           Royal
           Inclinations
           ,
           beyond
           what
           any
           King
           ever
           had
           that
           sat
           upon
           the
           Throne
           of
           this
           Kingdom
           ,
           of
           retracting
           and
           redressing
           all
           those
           Things
           which
           he
           came
           to
           be
           convinced
           of
           to
           have
           been
           done
           amiss
           and
           illegally
           ;
           yet
           that
           would
           not
           allay
           the
           Furious
           and
           Rebellious
           heats
           of
           those
           who
           had
           a
           mind
           to
           enrich
           themselves
           with
           the
           Spoils
           of
           the
           Crown
           and
           Kingdom
           .
           And
           therefore
           when
           all
           Things
           were
           restored
           to
           the
           State
           and
           Condition
           ,
           which
           his
           most
           peevish
           Enemies
           would
           have
           wished
           or
           desired
           to
           have
           had
           them
           ,
           yet
           the
           traiterous
           Ferment
           was
           kept
           up
           still
           in
           the
           former
           height
           .
           Nor
           doth
           any
           Thing
           better
           demonstrate
           how
           imprudently
           ,
           as
           well
           as
           wickedly
           ,
           we
           abdicated
           
           the
           King
           ,
           than
           that
           Four
           parts
           of
           Five
           of
           the
           Kingdom
           would
           be
           glad
           to
           have
           him
           here
           again
           upon
           the
           Terms
           he
           offered
           before
           we
           drove
           him
           away
           ;
           and
           very
           many
           would
           think
           themselves
           happy
           ,
           and
           account
           it
           a
           good
           Bargain
           ,
           to
           have
           him
           here
           upon
           any
           .
           How
           little
           does
           the
           King's
           employing
           a
           few
           Catholicks
           in
           Civil
           and
           Military
           Trusts
           weigh
           and
           amount
           unto
           ,
           when
           laid
           in
           one
           Scale
           ,
           against
           all
           the
           Blood
           that
           has
           been
           spilt
           ,
           and
           all
           the
           Losses
           that
           have
           been
           sustained
           ,
           and
           all
           the
           Treasure
           that
           hath
           been
           consumed
           for
           supporting
           of
           this
           Rebellion
           ,
           when
           they
           are
           laid
           in
           the
           other
           Scale
           ?
           And
           the
           Exchange
           we
           have
           made
           so
           infinitely
           for
           the
           worse
           ,
           sheweth
           both
           our
           Folly
           ,
           and
           is
           a
           just
           Punishment
           of
           our
           Sin
           in
           making
           of
           it
           .
           Nor
           wanted
           there
           Truth
           or
           good
           Sense
           in
           the
           Reply
           which
           a
           plain
           Country
           Farmer
           made
           to
           his
           Neighbour
           ,
           who
           was
           complaining
           of
           the
           grievous
           ,
           insupportable
           Taxes
           ,
           and
           of
           the
           many
           other
           Losses
           ,
           Pressures
           and
           Oppressions
           ,
           under
           which
           the
           Nation
           groaneth
           ,
           viz.
           That
           these
           were
           the
           Blessings
           and
           Advantages
           which
           we
           had
           gotten
           and
           obtained
           by
           
             swopping
             of
             Kings
          
           .
           For
           this
           Man
           's
           little
           Finger
           is
           much
           heavier
           than
           the
           King's
           Loins
           were
           .
           His
           Majesty
           loved
           his
           People
           ,
           and
           would
           have
           been
           contented
           to
           have
           made
           them
           happy
           at
           the
           Expence
           of
           his
           own
           Prerogative
           ,
           and
           with
           some
           diminution
           of
           his
           Sovereign
           Rights
           :
           But
           this
           Intruder
           into
           the
           Throne
           hates
           both
           Country
           and
           People
           ,
           and
           only
           useth
           us
           in
           the
           Service
           of
           his
           own
           ambitious
           Ends
           ,
           and
           to
           gratify
           the
           Rapacity
           and
           Covetousness
           of
           his
           beloved
           Dutch.
           And
           in
           the
           same
           manner
           that
           Solomon
           distinguished
           the
           true
           Mother
           from
           the
           false
           ,
           namely
           ,
           by
           the
           compassionate
           ,
           tender
           ,
           yearning
           Bowels
           of
           the
           one
           ,
           and
           the
           inhuman
           ,
           barbarous
           Cruelty
           of
           the
           other
           ,
           may
           we
           distinguish
           our
           Rightful
           King
           from
           the
           Usurper
           ,
           and
           learn
           which
           of
           them
           we
           are
           in
           Duty
           to
           chuse
           and
           obey
           .
           I
           might
           add
           ,
           as
           a
           further
           Aggravation
           of
           the
           Folly
           of
           those
           two
           Parliaments
           in
           what
           they
           have
           done
           ,
           That
           by
           their
           violating
           the
           Constitution
           to
           the
           Injury
           of
           the
           King
           ,
           they
           have
           set
           a
           Pattern
           as
           well
           as
           given
           Provocation
           to
           some
           brave
           and
           daring
           Prince
           ,
           that
           may
           hereafter
           sit
           upon
           the
           Throne
           ,
           to
           do
           the
           like
           in
           prejudice
           of
           the
           Subject
           .
           For
           it
           is
           the
           same
           Injustice
           (
           abstracting
           from
           Treason
           )
           in
           the
           People
           to
           rob
           the
           King
           of
           his
           Crown
           and
           Royal
           Dignity
           ,
           as
           it
           would
           be
           in
           a
           King
           to
           invade
           the
           Liberties
           and
           Properties
           of
           his
           People
           .
           Nor
           is
           it
           more
           unlawful
           for
           the
           one
           to
           overthrow
           the
           Constitution
           ,
           and
           change
           the
           Government
           ,
           than
           it
           is
           for
           the
           other
           to
           do
           it
           .
           Not
           that
           such
           a
           Thing
           is
           to
           be
           feared
           ,
           though
           we
           have
           
           deserved
           it
           .
           For
           though
           some
           Subjects
           may
           grow
           Rich
           by
           spoiling
           the
           Crown
           ,
           yet
           no
           King
           of
           England
           can
           ever
           become
           Great
           or
           Opulent
           by
           breaking
           in
           upon
           the
           Privileges
           of
           the
           People
           .
           And
           therefore
           he
           will
           forbear
           it
           out
           of
           Interest
           ,
           if
           he
           should
           not
           out
           of
           Duty
           .
           And
           he
           will
           keep
           to
           the
           Terms
           of
           the
           Constitution
           upon
           Motives
           of
           Wisdom
           ,
           should
           he
           not
           be
           inclined
           to
           do
           it
           upon
           Inducements
           of
           Justice
           .
           For
           whensoever
           a
           King
           of
           
             Great
             Brittain
          
           insults
           over
           his
           People
           ,
           he
           immediately
           sinks
           himself
           into
           a
           Condition
           of
           being
           contemned
           and
           despised
           by
           all
           the
           World.
           
        
         
           I
           might
           also
           ,
           Sir
           ,
           lay
           before
           you
           ,
           how
           that
           Parliaments
           are
           not
           only
           in
           the
           Exercises
           of
           their
           Parliamentary
           Power
           under
           the
           Direction
           and
           Confinement
           of
           the
           Essential
           and
           Fundamental
           Rules
           and
           Measures
           of
           the
           Constitution
           ;
           but
           how
           they
           are
           under
           the
           Regulations
           ,
           Limitations
           and
           Restrictions
           ,
           both
           of
           our
           
             Common
             and
             Statute
             Laws
          
           .
           For
           as
           their
           being
           is
           a
           legal
           Being
           ;
           their
           Capacities
           under
           which
           they
           sit
           and
           act
           ,
           legal
           Capacities
           ;
           their
           Business
           and
           Employment
           ,
           a
           legal
           Employment
           ;
           and
           the
           Ends
           they
           come
           together
           for
           ,
           legal
           Ends
           :
           So
           they
           are
           in
           all
           these
           ,
           and
           in
           all
           the
           Concernments
           they
           assemble
           ,
           consult
           ,
           or
           act
           about
           ,
           under
           the
           Influences
           ,
           Direction
           ,
           Conduct
           and
           Restriction
           of
           the
           Laws
           .
           Though
           there
           be
           a
           Provision
           made
           in
           the
           Constitution
           ,
           that
           at
           Times
           and
           Seasons
           ,
           and
           upon
           necessary
           Exigencies
           and
           Occasions
           ,
           and
           for
           needful
           and
           indisputable
           Ends
           ,
           there
           should
           be
           Parliaments
           ,
           and
           that
           it
           is
           the
           Right
           and
           Due
           of
           the
           People
           of
           England
           to
           have
           them
           ;
           yet
           they
           do
           receive
           their
           actual
           Existence
           ,
           and
           come
           into
           Being
           by
           the
           Fiat
           of
           Sovereign
           Authority
           ,
           and
           by
           the
           King's
           Writs
           that
           raise
           and
           assemble
           them
           .
           And
           they
           would
           according
           to
           the
           Common
           Law
           be
           a
           riotous
           and
           tumultuous
           Rout
           ,
           and
           not
           a
           Parliament
           ,
           or
           a
           legal
           Assembly
           ,
           should
           they
           meet
           without
           being
           called
           and
           raised
           into
           their
           Existence
           by
           the
           creative
           Writs
           of
           the
           King.
           And
           suppose
           that
           those
           Laws
           of
           Ed.
           3.
           were
           yet
           in
           force
           ,
           for
           our
           having
           Parliaments
           once
           a
           Year
           ,
           or
           oftner
           if
           there
           be
           need
           ;
           or
           suppose
           there
           were
           ,
           or
           be
           any
           other
           existent
           standing
           Law
           ,
           adjusting
           and
           defining
           the
           Times
           and
           Seasons
           ,
           within
           the
           Compass
           and
           Circle
           of
           which
           we
           ought
           and
           are
           to
           have
           them
           :
           Yet
           it
           is
           not
           only
           from
           the
           Regal
           Authority
           in
           granting
           those
           Laws
           ,
           that
           it
           comes
           to
           be
           our
           Claim
           to
           have
           them
           within
           the
           Bounds
           of
           such
           Periods
           of
           time
           ;
           but
           the
           performing
           and
           putting
           in
           Execution
           what
           such
           Laws
           enact
           and
           direct
           ,
           is
           still
           so
           lodged
           in
           the
           King
           ,
           that
           unless
           he
           pleaseth
           to
           call
           them
           by
           his
           Royal
           Writs
           ,
           they
           have
           no
           Power
           to
           meet
           notwithstanding
           
           those
           Laws
           .
           And
           should
           a
           King
           omit
           the
           issuing
           out
           his
           Writs
           whereby
           to
           call
           them
           at
           ,
           and
           within
           those
           Seasons
           ,
           it
           would
           possibly
           be
           a
           Failure
           in
           his
           Administration
           ,
           and
           in
           the
           executive
           Part
           of
           his
           Government
           ;
           but
           our
           Remedies
           in
           that
           Case
           were
           only
           Patience
           ,
           and
           humble
           Applications
           to
           the
           King
           ,
           by
           decent
           and
           modest
           Petitions
           ,
           for
           his
           vouchsafing
           to
           give
           us
           the
           Benefit
           of
           those
           Laws
           .
           For
           after
           all
           the
           Laws
           that
           can
           be
           made
           for
           adjusting
           and
           determining
           the
           Times
           for
           the
           meeting
           of
           Parliaments
           ,
           yet
           the
           Power
           to
           call
           them
           remains
           still
           so
           inseparably
           inherent
           in
           the
           King
           ,
           that
           they
           cannot
           assemble
           ,
           nor
           rise
           and
           spring
           up
           into
           Being
           ,
           but
           in
           the
           Virtue
           ,
           and
           by
           the
           constitutive
           Power
           of
           his
           Writs
           :
           Nor
           when
           assembled
           can
           they
           continue
           a
           Moment
           longer
           in
           their
           Existence
           than
           he
           thinketh
           fit
           to
           allow
           ;
           but
           they
           are
           dissolvable
           ,
           and
           become
           actually
           dissolved
           ,
           when
           he
           pleaseth
           to
           pronounce
           them
           to
           be
           so
           .
           And
           were
           there
           a
           Pretence
           of
           Claim
           resulting
           to
           Parliaments
           ,
           when
           once
           called
           and
           assembled
           ,
           that
           they
           should
           continue
           to
           sit
           till
           all
           the
           important
           Petitions
           of
           the
           Subjects
           were
           answered
           ,
           as
           is
           said
           to
           have
           been
           the
           Practice
           during
           the
           Reigns
           of
           
             Hen.
             4.
             
             Hen
          
           5.
           and
           some
           part
           of
           the
           Reign
           of
           Hen.
           6.
           yet
           this
           would
           not
           disable
           the
           King
           from
           dissolving
           them
           in
           the
           Interim
           ,
           and
           antecedently
           to
           their
           making
           Answers
           to
           such
           Petitions
           ,
           though
           possibly
           his
           doing
           so
           may
           be
           stiled
           Irregular
           .
           And
           as
           Parliaments
           both
           come
           into
           Existence
           ,
           and
           fall
           into
           Dissolution
           ,
           by
           the
           Will
           and
           Pleasure
           of
           the
           King
           ,
           exerted
           in
           the
           known
           Methods
           of
           Regal
           Administration
           :
           So
           while
           they
           are
           permitted
           to
           sit
           ,
           they
           can
           neither
           make
           nor
           repeal
           a
           Law
           without
           the
           Royal
           Assent
           ,
           giving
           the
           legislative
           and
           enacting
           Efficacy
           to
           their
           Bills
           ,
           which
           in
           the
           Language
           of
           former
           Ages
           was
           called
           ,
           
             the
             giving
             Answers
             to
             their
             Petitions
             .
          
           Nay
           ,
           should
           Parliaments
           prepare
           Bills
           containing
           in
           them
           no
           new
           Demands
           ,
           or
           Provisions
           of
           Safety
           and
           Advantage
           to
           the
           People
           ,
           but
           only
           claiming
           a
           declarative
           Confirmation
           of
           what
           already
           belongeth
           to
           the
           Subjects
           by
           Antient
           Laws
           ;
           yet
           even
           a
           Bill
           of
           that
           Nature
           ,
           which
           hath
           the
           quality
           of
           a
           
             Petition
             of
             Right
          
           ,
           cannot
           grow
           up
           and
           commence
           into
           a
           Law
           ,
           but
           by
           the
           King's
           
             Soit
             Droit
             ,
             fait
             comme
             il
             est
             desire
             ,
             Let
             Right
             be
             done
             as
             is
             desired
             .
          
           I
           might
           add
           ,
           how
           Parliaments
           are
           under
           the
           Direction
           of
           the
           Laws
           ,
           both
           with
           Reference
           to
           all
           the
           several
           Capacities
           in
           which
           they
           sit
           ,
           and
           with
           Respect
           to
           all
           the
           principal
           Matters
           they
           are
           to
           meddle
           with
           .
           For
           Example
           ;
           whereas
           the
           House
           of
           Commons
           being
           once
           legally
           met
           ,
           doth
           sit
           in
           a
           
             fourfold
             Capacity
          
           ;
           namely
           ,
           as
           the
           great
           Representative
           
           of
           the
           Community
           for
           relieving
           the
           King's
           Wants
           ,
           and
           enabling
           him
           both
           to
           defend
           the
           Kingdom
           ,
           and
           to
           live
           in
           a
           Port
           answerable
           to
           his
           Royal
           Dignity
           :
           And
           as
           the
           grand
           Inquest
           of
           the
           Nation
           ,
           for
           inquiring
           into
           Grievances
           ,
           and
           prosecuting
           Offenders
           :
           And
           as
           a
           part
           of
           the
           King
           's
           
             great
             Council
          
           ,
           to
           give
           him
           Advice
           in
           the
           
             quibusdam
             Arduis
          
           about
           which
           he
           calls
           them
           :
           And
           as
           part
           of
           the
           Legislative
           Body
           of
           the
           Kingdom
           ,
           to
           prepare
           or
           concur
           to
           such
           Bills
           as
           are
           to
           be
           offered
           to
           the
           King
           for
           the
           Royal
           Assent
           .
           Now
           in
           all
           these
           several
           Capacities
           they
           are
           to
           act
           under
           the
           Regulations
           and
           Restrictions
           of
           the
           Law
           :
           Nor
           are
           they
           in
           any
           of
           them
           to
           act
           Arbitrarily
           ,
           but
           to
           behave
           themselves
           in
           every
           one
           of
           them
           according
           to
           the
           Laws
           and
           Customs
           of
           the
           Land
           ,
           the
           Rules
           and
           Methods
           of
           Parliament
           ,
           and
           the
           Paterns
           and
           Examples
           of
           foregoing
           Ages
           .
           Now
           it
           were
           easy
           to
           shew
           ,
           beyond
           all
           possibility
           of
           being
           rationally
           contradicted
           ,
           how
           the
           two
           late
           Assemblies
           ,
           abusively
           stiled
           Parliaments
           ,
           have
           in
           all
           those
           Capacities
           departed
           from
           ,
           exceeded
           ,
           and
           transgressed
           against
           the
           known
           Laws
           of
           the
           Kingdom
           ,
           and
           the
           Rules
           of
           Parliaments
           ,
           and
           the
           Examples
           and
           Presidents
           of
           former
           Ages
           .
           For
           as
           the
           present
           Assembly
           of
           Men
           at
           Westminster
           ,
           which
           passeth
           under
           that
           Name
           ,
           met
           and
           have
           sat
           upon
           the
           Writs
           of
           an
           Usurper
           ,
           who
           hath
           no
           more
           legal
           Power
           to
           call
           and
           summon
           a
           Parliament
           ,
           than
           a
           
             Jack
             Kade
          
           ,
           or
           a
           
             Perkin
             Warbeck
          
           have
           :
           So
           that
           Company
           stiled
           a
           Convention
           came
           together
           upon
           the
           Invitation
           of
           a
           Person
           who
           at
           that
           time
           ,
           even
           upon
           their
           own
           Principles
           ,
           had
           not
           a
           Shadow
           or
           Umbrage
           of
           Right
           for
           calling
           them
           ;
           but
           what
           a
           Masianello
           ,
           or
           a
           fortunate
           Robber
           ,
           may
           at
           any
           time
           claim
           .
           And
           their
           meeting
           under
           the
           Notion
           and
           in
           the
           Quality
           of
           a
           Convention
           ,
           which
           is
           a
           Term
           that
           hath
           no
           Existence
           in
           our
           Law
           ,
           clearly
           demonstrates
           ,
           That
           the
           Thing
           so
           denominated
           must
           by
           consequence
           be
           altogether
           and
           wholy
           illegal
           .
           Nor
           had
           they
           any
           more
           Right
           for
           their
           coming
           together
           ,
           and
           acting
           upon
           the
           Prince
           of
           
           Orange's
           Invitation
           ,
           than
           a
           Rout
           and
           an
           Assembly
           of
           Rioters
           have
           to
           dispose
           of
           other
           Mens
           Properties
           ,
           and
           to
           transfer
           their
           Estates
           .
           And
           it
           is
           without
           President
           in
           any
           Age
           ,
           save
           in
           Times
           of
           acknowledged
           Usurpation
           and
           Rebellion
           ,
           That
           a
           Company
           of
           Men
           ,
           pretending
           to
           no
           other
           Stile
           save
           that
           of
           a
           Convention
           ,
           should
           change
           and
           transform
           themselves
           into
           a
           Parliament
           ,
           and
           be
           the
           Creators
           of
           themselves
           into
           a
           Creature
           which
           they
           were
           not
           before
           .
           Nor
           are
           any
           of
           the
           Metamorphosations
           in
           Oivd
           ,
           though
           all
           meerly
           Poetical
           and
           Fabulous
           ,
           so
           ridiculous
           and
           extravagant
           as
           that
           of
           the
           Conventions
           translating
           it self
           
           into
           a
           Parliament
           .
           For
           all
           those
           of
           that
           ingenious
           and
           witty
           Poet
           ,
           save
           where
           the
           feigned
           and
           imagined
           Gods
           themselves
           put
           on
           and
           assumed
           new
           Shapes
           ,
           were
           the
           Effects
           and
           Operations
           of
           pretended
           Deities
           upon
           inferior
           and
           different
           Beings
           :
           But
           that
           Parliament
           made
           of
           a
           Convention
           was
           a
           Production
           and
           Generation
           of
           it self
           into
           a
           Creature
           specifically
           distinct
           from
           it self
           ,
           and
           that
           by
           no
           higher
           or
           other
           Power
           than
           its
           own
           .
           And
           were
           it
           not
           for
           the
           woful
           and
           ruinous
           Effects
           which
           they
           have
           caused
           and
           produced
           ,
           the
           reasonable
           Part
           of
           Mankind
           would
           have
           lookt
           upon
           that
           Transformation
           as
           a
           Piece
           of
           Legerdemaine
           ,
           and
           a
           Trick
           of
           Mountebanks
           whereby
           to
           divert
           the
           Idle
           ,
           and
           make
           sport
           to
           the
           Kingdom
           .
           And
           it
           is
           hard
           to
           forbear
           being
           pleasant
           upon
           it
           ,
           and
           the
           exposing
           it
           with
           all
           the
           keeness
           and
           piquancy
           of
           a
           just
           and
           deserved
           Railery
           ;
           but
           that
           the
           many
           Mischiefs
           which
           they
           did
           the
           Nation
           ,
           and
           the
           Poverty
           ,
           Slavery
           ,
           and
           Bondage
           ,
           which
           they
           have
           derived
           upon
           us
           ,
           will
           not
           allow
           ,
           but
           do
           forbid
           the
           being
           merry
           and
           jocose
           .
           I
           might
           subjoin
           how
           both
           the
           Parliaments
           ,
           since
           the
           Revolution
           ,
           have
           shamefully
           exceeded
           the
           Bounds
           which
           Laws
           and
           Presidents
           should
           have
           restrained
           them
           unto
           ;
           and
           have
           ventured
           upon
           Matters
           which
           lay
           wholy
           out
           of
           their
           Cognizance
           ,
           and
           beyond
           all
           the
           Precincts
           of
           their
           Legal
           ,
           Rightful
           ,
           and
           Parliamentary
           Power
           .
           The
           time
           was
           when
           a
           House
           of
           Commons
           did
           so
           well
           understand
           the
           Limits
           of
           their
           own
           Sphere
           ,
           and
           the
           Boundaries
           within
           which
           they
           were
           to
           move
           ,
           that
           when
           lawful
           Kings
           have
           asked
           and
           prayed
           their
           Advice
           in
           matters
           out
           of
           the
           Circle
           of
           their
           Province
           ,
           they
           have
           excused
           themselves
           from
           giving
           it
           ;
           and
           have
           declared
           that
           they
           were
           Things
           of
           so
           high
           a
           Nature
           ,
           and
           so
           peculiarly
           incident
           to
           the
           Royal
           Dignity
           ,
           that
           they
           neither
           could
           nor
           durst
           meddle
           with
           them
           .
           And
           therefore
           when
           Richard
           II.
           asked
           the
           Opinion
           and
           Advice
           of
           the
           
             House
             of
             Commons
          
           about
           the
           way
           and
           manner
           of
           prosecuting
           the
           War
           he
           was
           engaged
           in
           against
           France
           ,
           they
           answered
           ,
           
             Nec
             doit
             nec
             soloit
             appertaine
             al
             eux
             mes
             al
             Roi
             ,
          
           They
           
             neither
             ought
             nor
             used
             to
             belong
             unto
             them
             ,
             but
             the
             King
          
           ;
           see
           the
           Parliament
           
             Roll
             ,
             6
             Ric
             2.
             par
             .
             2.
             pag.
          
           9.
           
           And
           when
           Edward
           III.
           had
           desired
           the
           same
           Thing
           of
           the
           Commons
           in
           reference
           likewise
           to
           his
           War
           with
           France
           ,
           and
           about
           the
           guarding
           of
           the
           Sea
           Coast
           ,
           the
           Commons
           make
           Answer
           ,
           
             Quils
             ne
             sont
             charge
             a
             councell
             doner
             al
             chose
             des
             quel
             ils
             n'ont
             pas
             cognoisance
             ,
             That
             they
             desired
             not
             to
             be
             charged
             to
             give
             their
             Advice
             in
             a
             matter
             whereof
             they
             can
             take
             no
             Cognizance
          
           ;
           see
           the
           
             Parliament
             Roll
             of
             the
             13
             Ed.
             3.
             par
             .
             1.
             n.
          
           2.
           
           The
           like
           Answers
           were
           made
           by
           the
           House
           of
           Commons
           the
           23th
           
           of
           Edw.
           3.
           and
           the
           7th
           of
           Ric.
           2.
           
           And
           whereas
           in
           all
           the
           Regal
           Writs
           for
           the
           calling
           of
           Parliaments
           they
           are
           required
           to
           meet
           and
           come
           together
           to
           give
           the
           King
           their
           Advice
           ,
           it
           is
           always
           with
           this
           express
           Limitation
           ,
           That
           he
           desires
           their
           Advise
           
             pro
             quibusdam
             arduis
             negotiis
             nos
             &
             defensionem
             Regni
             nostri
             Angliae
             ,
             &
             Ecclesiae
             Anglicanae
             concernentibus
             ,
             About
             some
             Affairs
             which
             concern
             the
             Defence
             of
             himself
             ,
             the
             Kingdom
             ,
             and
             the
             English
             Church
             .
          
           But
           these
           Parliaments
           instead
           of
           coming
           together
           to
           Advice
           and
           Provide
           for
           the
           Defence
           ,
           or
           for
           the
           Restoration
           of
           their
           Rightful
           King
           ,
           they
           first
           abdicated
           him
           ,
           and
           have
           then
           impoverished
           the
           Nation
           ,
           by
           maintaining
           an
           expensive
           War
           to
           hinder
           his
           Return
           .
           Instead
           of
           confining
           themselves
           to
           
             quaedam
             ardua
             Regni
          
           ,
           they
           have
           struck
           at
           the
           King's
           Person
           ,
           Crown
           and
           Dignity
           ,
           and
           have
           medled
           as
           boldly
           in
           changing
           the
           Polity
           of
           England
           ,
           as
           if
           they
           had
           been
           determining
           about
           some
           little
           Privilege
           of
           their
           own
           House
           ,
           or
           had
           been
           meerly
           concerned
           about
           the
           Ejecting
           or
           Imprisonment
           of
           one
           of
           their
           Members
           .
           But
           though
           all
           of
           them
           have
           been
           less
           or
           more
           involved
           in
           these
           Crimes
           ,
           yet
           many
           became
           Accessary
           to
           them
           to
           prevent
           worse
           ,
           namely
           ,
           to
           obviate
           a
           civil
           War
           ,
           and
           to
           hinder
           a
           Republick
           upon
           the
           next
           voidance
           of
           the
           Throne
           .
           And
           they
           have
           submitted
           both
           to
           defile
           and
           wound
           their
           Consciences
           ,
           that
           they
           might
           testify
           their
           Love
           and
           Zeal
           for
           the
           Monarchy
           ,
           and
           cover
           and
           conceal
           their
           Loyalty
           to
           the
           King.
           Rather
           than
           put
           themselves
           out
           of
           Capacity
           of
           asserting
           and
           upholding
           the
           old
           English
           Regal
           Form
           of
           Government
           ,
           when
           it
           comes
           directly
           to
           be
           attacked
           ,
           and
           of
           doing
           the
           King
           service
           when
           an
           Opportunity
           offereth
           ;
           they
           have
           been
           contented
           to
           undergo
           a
           Stain
           upon
           their
           Honour
           ,
           as
           well
           as
           the
           having
           their
           Loyalty
           brought
           under
           an
           Eclipse
           .
           For
           it
           comes
           to
           pass
           in
           these
           Epidemical
           and
           Raging
           Distempers
           of
           Kingdoms
           ,
           as
           it
           did
           in
           the
           great
           Plague
           of
           Athens
           ,
           of
           which
           Thucydides
           speaks
           ;
           whereof
           as
           most
           died
           ,
           so
           those
           who
           escaped
           with
           their
           Lives
           were
           all
           left
           deformed
           and
           maimed
           ;
           one
           losing
           an
           Eye
           ,
           and
           another
           a
           Limb
           ,
           but
           hardly
           one
           preserved
           from
           visible
           and
           disfiguring
           Defects
           .
           But
           while
           those
           wilful
           Crimes
           in
           many
           ,
           and
           human
           Frailties
           in
           all
           ,
           have
           cut
           out
           much
           work
           to
           themselves
           for
           Repentance
           ;
           so
           they
           will
           only
           serve
           to
           furnish
           the
           injured
           and
           good
           King
           with
           a
           large
           Occasion
           and
           an
           ample
           Theater
           of
           displaying
           his
           Mercy
           and
           Grace
           .
           Nor
           are
           there
           any
           so
           heinous
           Offenders
           against
           him
           ,
           whom
           he
           is
           not
           ambitions
           as
           well
           as
           ready
           to
           forgive
           ;
           if
           they
           will
           but
           make
           themselves
           so
           far
           capable
           of
           Pardon
           ,
           as
           to
           desire
           and
           
           accept
           it
           .
           And
           to
           have
           any
           despair
           of
           his
           Grace
           ,
           provided
           they
           will
           repent
           and
           return
           to
           their
           Duty
           ,
           would
           both
           more
           grieve
           and
           offend
           him
           ,
           than
           all
           they
           have
           done
           in
           deposing
           him
           ,
           and
           driving
           him
           from
           his
           Kingdoms
           .
           Nor
           doth
           he
           question
           but
           that
           most
           of
           those
           ,
           who
           have
           both
           refused
           to
           have
           him
           Reign
           over
           them
           ,
           and
           have
           been
           ready
           to
           abjure
           him
           ,
           will
           whensoever
           they
           are
           converted
           ,
           be
           not
           only
           the
           most
           zealous
           in
           Loyalty
           themselves
           ,
           but
           the
           forwardest
           to
           confirm
           others
           in
           their
           Fealty
           .
           Neither
           will
           any
           thing
           be
           more
           pleasing
           and
           delightful
           to
           the
           King
           ,
           than
           to
           see
           those
           love
           much
           to
           whom
           much
           hath
           been
           forgiven
           .
        
         
           But
           abstracting
           from
           the
           Disloyalty
           of
           that
           Assembly
           stiled
           at
           present
           a
           Parliament
           ,
           and
           its
           Nullity
           on
           that
           foot
           to
           be
           legally
           one
           ,
           and
           granting
           to
           those
           Gentlemen
           all
           their
           own
           Hypotheses
           how
           treasonable
           and
           rebellious
           soever
           they
           be
           ;
           yet
           I
           say
           ,
           that
           according
           to
           all
           those
           Laws
           which
           themselves
           own
           ,
           and
           profess
           to
           be
           both
           under
           the
           Obligation
           and
           Guidance
           of
           ,
           they
           ceased
           to
           be
           a
           Parliament
           ,
           and
           became
           dissolved
           in
           Law
           upon
           the
           Death
           of
           the
           late
           Princess
           of
           Orange
           .
           For
           admitting
           the
           Prince
           and
           Princess
           to
           have
           been
           King
           ,
           and
           Queen
           ,
           and
           that
           they
           had
           a
           Rightful
           and
           
             Legal
             Authority
          
           to
           call
           a
           Parliament
           ,
           and
           that
           this
           Parliament
           was
           duly
           chosen
           ,
           lawfully
           assembled
           ,
           and
           fat
           vested
           with
           all
           the
           Power
           of
           acting
           in
           that
           Capacity
           that
           ever
           any
           Parliament
           did
           ;
           yet
           I
           do
           both
           repeat
           and
           affirm
           it
           ,
           That
           since
           the
           Death
           of
           the
           Princess
           of
           Orange
           they
           have
           been
           no
           Parliament
           ,
           and
           have
           no
           otherwise
           continued
           to
           possess
           their
           Seats
           ,
           and
           to
           act
           in
           the
           Quality
           and
           by
           the
           Stile
           they
           have
           done
           ,
           than
           by
           a
           most
           illegal
           and
           unpresidented
           Usurpation
           .
           Of
           all
           the
           Parliaments
           that
           ever
           were
           ,
           none
           had
           that
           seeming
           Security
           to
           make
           their
           Sitting
           everlasting
           ,
           as
           that
           which
           met
           the
           Third
           of
           November
           ,
           1640.
           
           It
           having
           been
           enacted
           in
           favour
           of
           the
           Continuance
           of
           that
           Parliament
           ,
           That
           
             it
             should
             not
             be
             prorogued
             ,
             adjourned
             ,
             nor
             dissolved
             ,
             but
             by
             and
             with
             their
             own
             Consent
             ,
             and
             by
             Act
             of
             Parliament
             .
          
           And
           yet
           all
           the
           Lawyers
           are
           of
           Opinion
           that
           it
           became
           dissolved
           An.
           1648
           :
           by
           the
           Death
           of
           King
           Charles
           the
           First
           ,
           whose
           Writs
           had
           raised
           it
           into
           Being
           ,
           and
           given
           Existence
           to
           it
           .
           And
           accordingly
           the
           Parliament
           of
           the
           13
           Car.
           2.
           took
           it
           for
           granted
           ,
           That
           
             it
             was
             undoubtedly
             dissolved
             and
             determined
             ,
             and
             thereupon
             declared
             and
             adjudged
             it
             to
             be
             fully
             dissolved
             and
             determined
             ;
             Cap.
          
           1.
           
           Though
           there
           had
           never
           any
           Act
           passed
           for
           the
           dissolving
           of
           it
           ,
           and
           consequently
           in
           the
           Opinion
           of
           those
           who
           made
           that
           Statute
           166●
           ,
           it
           must
           have
           come
           to
           be
           dissolved
           by
           the
           Death
           of
           King
           Charles
           the
           
           First
           who
           called
           it
           ,
           and
           to
           advise
           with
           whom
           it
           assembled
           and
           met
           .
           For
           as
           to
           
           Oliver's
           turning
           those
           Members
           forceably
           out
           of
           the
           House
           ,
           that
           could
           be
           no
           legal
           Dissolution
           ,
           if
           after
           the
           Death
           of
           Charles
           the
           First
           they
           had
           a
           legal
           Right
           to
           continue
           to
           sit
           ,
           until
           both
           themselves
           should
           consent
           that
           they
           might
           be
           dissolved
           ,
           and
           until
           an
           Act
           were
           past
           for
           their
           dissolution
           .
           I
           do
           confess
           that
           the
           Statute
           1640.
           which
           I
           have
           mentioned
           ,
           was
           one
           of
           the
           greatest
           Encroachments
           upon
           the
           Regal
           Power
           that
           ever
           was
           ,
           and
           therefore
           in
           my
           Opinion
           was
           void
           in
           it self
           ,
           because
           of
           the
           direct
           repugnancy
           in
           which
           it
           lies
           to
           the
           Essential
           Rights
           of
           the
           Sovereign
           ,
           and
           of
           its
           Irreconcilableness
           to
           those
           Incidents
           which
           are
           inseparable
           from
           Royal
           Power
           .
           And
           as
           it
           proved
           by
           the
           Event
           ,
           The
           day
           that
           King
           Charles
           gave
           the
           Royal
           Assent
           to
           that
           Bill
           ,
           he
           put
           the
           Scepter
           out
           of
           his
           own
           hand
           ,
           and
           the
           Sword
           into
           the
           hands
           of
           his
           Enemies
           .
           Which
           made
           the
           Earl
           of
           Dorset
           salute
           the
           King
           the
           next
           Morning
           after
           his
           passing
           the
           Bill
           by
           the
           Stile
           of
           
             Fellow
             Subject
          
           ;
           because
           he
           had
           by
           that
           Act
           transferred
           Crown
           ,
           Sword
           and
           Scepter
           ,
           to
           the
           Parliament
           .
           And
           Archy
           ,
           the
           King's
           Fool
           ,
           being
           asked
           whether
           the
           King
           had
           done
           well
           in
           passing
           that
           Bill
           ?
           Answered
           ,
           That
           he
           knew
           not
           whether
           the
           King
           was
           the
           greater
           Fool
           to
           pass
           it
           ,
           or
           they
           the
           greater
           Knaves
           to
           ask
           it
           .
           And
           I
           have
           been
           told
           that
           the
           greatest
           Lawyers
           at
           that
           time
           in
           the
           Kingdom
           said
           ,
           That
           it
           was
           void
           in
           it self
           .
           And
           indeed
           the
           Law
           presupposeth
           that
           all
           the
           Grants
           and
           Concessions
           of
           the
           King
           are
           to
           be
           construed
           to
           be
           made
           with
           this
           Proviso
           ,
           That
           they
           are
           granted
           
             salvo
             jure
             Coronae
          
           .
           But
           to
           proceed
           in
           what
           I
           have
           undertaken
           to
           lay
           open
           and
           demonstrate
           ;
           namely
           ,
           That
           supposing
           the
           King
           to
           have
           been
           legally
           and
           justly
           Abdicated
           and
           Deposed
           ,
           and
           that
           his
           Son
           ,
           the
           Prince
           of
           Wales
           ,
           was
           rightfully
           and
           lawfully
           Barred
           and
           Precluded
           ,
           upon
           the
           Score
           and
           Foot
           of
           Supposititiousness
           ,
           from
           succeeding
           immediately
           to
           his
           Father
           ;
           (
           though
           all
           that
           was
           done
           Traiterously
           and
           Rebelliously
           )
           yet
           this
           Parliament
           ceased
           to
           exist
           ,
           and
           became
           dissolved
           by
           the
           Death
           of
           the
           Princess
           of
           Orange
           .
           For
           these
           very
           Gentlemen
           will
           not
           deny
           ,
           neither
           can
           they
           upon
           their
           own
           Principles
           ,
           that
           upon
           the
           Abdication
           of
           the
           King
           ,
           and
           the
           Exclusion
           of
           the
           Prince
           of
           Wales
           ,
           the
           Princess
           of
           Orange
           became
           immediately
           vested
           in
           the
           Sovereignty
           ,
           as
           having
           therein
           an
           
             Estate
             Tayle
          
           ,
           unless
           she
           had
           been
           shut
           out
           by
           some
           Act
           or
           Statute
           ,
           expresly
           made
           to
           exclude
           and
           barr
           her
           (
           though
           indeed
           such
           a
           Statute
           would
           have
           been
           in
           it self
           void
           and
           treasonable
           .
           )
           For
           according
           to
           the
           standing
           ,
           known
           ,
           and
           acknowledged
           
           Laws
           of
           this
           Kingdom
           ,
           the
           Crown
           of
           England
           upon
           every
           Voidance
           of
           the
           Throne
           ,
           is
           to
           descend
           to
           the
           next
           lineal
           and
           immediate
           Heir
           ,
           Female
           as
           well
           as
           Male
           ,
           and
           the
           said
           Heir
           (
           according
           to
           their
           own
           disloyal
           Hypotheses
           )
           unless
           barred
           by
           some
           Act
           of
           Parliament
           ,
           becomes
           actually
           vested
           in
           all
           the
           Rights
           of
           the
           Sovereignty
           .
           Accordingly
           we
           have
           not
           only
           a
           Law
           in
           force
           at
           present
           ,
           by
           which
           it
           is
           declared
           that
           
             the
             Law
             of
             the
             Realm
             is
             ,
             and
             ever
             hath
             been
             ,
             and
             ought
             to
             be
             understood
             ,
             that
             the
             Kingly
             and
             Regal
             Office
             of
             this
             Realm
             ,
             and
             all
             Dignities
             and
             Prerogatives
             Royal
             ,
          
           &c.
           
             being
             invested
             either
             in
             Male
             or
             Female
             ,
             are
             ,
             be
             and
             ought
             to
             be
             ,
             as
             fully
             ,
             wholy
             ,
             absolutely
             and
             entirely
             ,
             deemed
             ,
             judged
             ,
             accepted
             ,
             invested
             and
             taken
             ,
             in
             the
             one
             as
             in
             the
             other
             ,
          
           &c.
           
           2
           
             Par.
             1
             Mar.
             cap.
          
           1.
           but
           we
           have
           also
           another
           Statute
           in
           actual
           being
           ,
           stiled
           an
           
             Act
             of
             Recognition
             ,
             that
             the
             Crown
             of
          
           England
           
             is
             lawfully
             descended
             to
             King
          
           James
           ,
           
             (
             viz.
          
           the
           First
           )
           his
           Progeny
           and
           Posterity
           ,
           which
           containeth
           the
           Words
           following
           ,
           
             That
             we
             being
             bound
             thereunto
             by
             the
             Laws
             of
             God
             and
             Man
             ,
             do
             recognize
             and
             acknowledge
             ,
             that
             immediately
             upon
             the
             Dissolution
             and
             Decease
             of
             Queen
          
           Elizabeth
           
             the
             late
             Queen
             of
          
           England
           ,
           
             the
             Imperial
             Crown
             of
             the
             Realm
             of
          
           England
           ,
           
             and
             of
             all
             the
             Dominions
             and
             Rights
             belonging
             to
             the
             same
             ,
             did
             by
             inherent
             Birth-right
             ,
             and
             lawful
             and
             undoubted
             Succession
             ,
             descend
             and
             come
             to
             your
             most
             Excellent
             Majesty
             ,
             as
             being
             Lineally
             ,
             Iustly
             and
             Lawfully
             ,
             next
             Heir
             of
             the
             Blood-Royal
             of
             this
             Realm
             ,
          
           &c.
           
           So
           that
           nothing
           can
           be
           more
           demonstratively
           Evident
           ,
           than
           that
           upon
           whatsoever
           Hypotheses
           or
           Principles
           the
           Conventionists
           ,
           and
           those
           who
           have
           succeeded
           them
           
             in
             this
             Parliament
          
           have
           acted
           ;
           yet
           that
           immediately
           upon
           the
           Voidance
           of
           the
           Throne
           ,
           by
           the
           abdication
           of
           the
           King
           ,
           and
           the
           barring
           the
           Prince
           of
           Wales
           to
           succeed
           ,
           the
           whole
           Royal
           Power
           became
           vested
           in
           the
           
             Princess
             of
             Orange
          
           .
           And
           though
           the
           exercise
           and
           execution
           of
           that
           Power
           came
           to
           be
           lodged
           in
           the
           Prince
           her
           Husband
           ,
           yet
           that
           it
           was
           in
           the
           Administration
           of
           the
           Power
           of
           Sovereignty
           ,
           which
           by
           the
           Laws
           appertained
           unto
           ,
           and
           was
           essentially
           stated
           in
           her
           ,
           which
           they
           neither
           did
           ,
           nor
           pretended
           to
           take
           from
           her
           ;
           but
           the
           whole
           which
           they
           assumed
           and
           took
           upon
           them
           a
           Right
           to
           do
           ,
           was
           to
           make
           a
           Donation
           ,
           Communication
           ,
           and
           Conveyance
           of
           the
           same
           Royal
           Dignity
           ,
           with
           all
           its
           Powers
           ,
           Prerogatives
           ,
           and
           Jurisdictions
           unto
           him
           .
           And
           whereas
           therefore
           the
           Regal
           Power
           was
           owned
           and
           acknowledged
           to
           reside
           likewise
           in
           the
           Princess
           ,
           thence
           it
           was
           that
           her
           Name
           was
           used
           in
           the
           whole
           executive
           Part
           of
           the
           Government
           ,
           and
           that
           not
           in
           Compliment
           ,
           and
           meerly
           to
           testify
           Respect
           and
           Deference
           ,
           but
           
           as
           indispensably
           Necessary
           ,
           on
           the
           foot
           of
           the
           Sovereignty
           ,
           Regal
           Authority
           and
           Power
           ,
           whereof
           she
           stood
           indefeasably
           seised
           ,
           possessed
           ,
           and
           vested
           .
           So
           that
           unless
           her
           Name
           had
           been
           mentioned
           in
           all
           the
           executive
           Acts
           of
           Government
           ,
           all
           those
           Acts
           would
           have
           been
           in
           themselves
           void
           ,
           illegal
           ,
           and
           null
           ;
           through
           the
           want
           of
           the
           Stamp
           and
           Impression
           upon
           them
           of
           a
           Person
           that
           stood
           cloathed
           with
           the
           Sovereignty
           .
           And
           as
           to
           that
           separating
           in
           the
           late
           Princess
           of
           Orange
           the
           exercise
           of
           the
           Regal
           Power
           from
           the
           Royal
           Dignity
           ,
           and
           from
           the
           Jurisdictions
           and
           Authorities
           belonging
           to
           the
           same
           ,
           it
           not
           only
           looks
           like
           unto
           ,
           and
           indeed
           is
           a
           plain
           and
           manifest
           Contradiction
           ;
           but
           it
           was
           done
           in
           revival
           of
           that
           old
           Republican
           and
           Traiterous
           Proposition
           and
           Notion
           ,
           of
           distinguishing
           and
           severing
           between
           the
           King's
           Person
           and
           his
           Authority
           ;
           and
           was
           intended
           by
           the
           crafty
           Suggestors
           of
           it
           for
           the
           Service
           of
           a
           Commonwealth
           Design
           ,
           when
           an
           Opportunity
           and
           a
           convenient
           Season
           do
           offer
           .
           For
           if
           one
           Parliament
           can
           take
           the
           entire
           and
           full
           Exercise
           of
           the
           Royal
           Power
           and
           Government
           from
           and
           out
           of
           the
           hands
           of
           a
           Queen
           ,
           whom
           themselves
           acknowledge
           to
           have
           been
           
             vested
             in
             the
             Royal
             Dignities
             ,
             with
             all
             the
             Honours
             ,
             Stiles
             ,
             Titles
             ,
             Regalities
             ,
             Prerogatives
             ,
             to
             the
             same
             belonging
          
           ;
           another
           Parliament
           may
           ,
           by
           the
           same
           Right
           ,
           and
           with
           the
           like
           Justice
           ,
           take
           the
           whole
           executive
           Power
           ,
           and
           the
           entire
           Administration
           of
           the
           Government
           from
           any
           King
           or
           Queen
           whatsoever
           ;
           and
           may
           place
           it
           in
           both
           ,
           or
           in
           either
           of
           the
           Houses
           ,
           or
           in
           whom
           else
           they
           please
           .
           So
           that
           a
           King
           of
           England
           may
           come
           in
           time
           (
           and
           by
           this
           President
           ,
           if
           allowed
           ,
           cannot
           avoid
           it
           )
           to
           be
           a
           meer
           Pageant
           ;
           a
           King
           having
           a
           glorious
           and
           guilded
           Title
           ,
           but
           made
           wholy
           useless
           to
           all
           the
           great
           Ends
           and
           Purposes
           of
           one
           ;
           and
           who
           will
           serve
           only
           to
           be
           gazed
           upon
           ,
           to
           have
           the
           Knee
           bowed
           to
           him
           ,
           and
           to
           be
           made
           a
           publick
           Mockery
           and
           Derision
           in
           all
           the
           Regal
           Acts
           of
           the
           Government
           ,
           by
           having
           his
           Name
           mentioned
           ,
           while
           others
           have
           the
           Exercise
           ,
           and
           are
           in
           the
           Exertion
           of
           the
           whole
           and
           entire
           Sovereign
           Power
           .
           Nor
           was
           the
           late
           Princess
           of
           Orange
           ,
           upon
           the
           Abdication
           of
           the
           King
           ,
           and
           the
           Exclusion
           of
           the
           Prince
           of
           Wales
           ,
           meerly
           seised
           and
           possessed
           of
           the
           Sovereign
           and
           Royal
           Dignity
           over
           this
           Realm
           ,
           as
           she
           was
           next
           lineal
           and
           immediate
           Heir
           to
           his
           Majesty
           ;
           but
           she
           had
           also
           the
           legal
           Authority
           and
           Power
           granted
           and
           conveyed
           unto
           her
           ,
           by
           the
           Gift
           and
           Donation
           of
           the
           Convention
           ,
           which
           the
           present
           Parliament
           instead
           of
           controuling
           ,
           retracting
           and
           annulling
           ,
           did
           recognize
           ,
           own
           ,
           and
           confirm
           .
           Nor
           had
           she
           meerly
           the
           bare
           and
           
           naked
           Name
           of
           Queen
           given
           and
           conveyed
           unto
           her
           ,
           but
           she
           was
           declared
           to
           be
           vested
           with
           the
           whole
           and
           entire
           Royal
           and
           Sovereign
           Power
           ,
           save
           that
           the
           Exercise
           of
           it
           was
           limitted
           and
           confined
           to
           the
           Prince
           of
           Orange
           .
           Now
           you
           must
           not
           think
           that
           I
           am
           so
           thoughtless
           and
           weak
           as
           to
           endeavour
           to
           prove
           her
           being
           possessed
           of
           the
           Sovereignty
           ,
           and
           her
           being
           cloathed
           with
           the
           Royal
           Jurisdiction
           ,
           because
           Treason
           might
           have
           been
           committed
           against
           her
           ,
           yea
           and
           against
           her
           natural
           Person
           ;
           seeing
           it
           was
           not
           only
           made
           High
           Treason
           by
           the
           Statute
           of
           the
           2
           Parl.
           in
           the
           
             first
             Year
             of
             Queen
          
           Mary
           ,
           
             to
             compass
             the
             Death
             of
             King
          
           Philip
           ,
           
             or
             to
             deprive
             him
             of
             the
             Stile
             or
             Kingly
             Honour
             of
             this
             Realm
          
           ;
           but
           because
           it
           had
           also
           anciently
           been
           made
           Treason
           by
           the
           Statute
           of
           the
           25
           
             Ed.
             3.
             to
             compass
             the
             Death
             of
             the
             King
             's
             eldest
             Son
             and
             Heir
             ,
             to
             violate
             the
             King's
             Companion
             ,
             or
             the
             King
             's
             eldest
             Daughter
             unmarried
             ,
             or
             the
             Wife
             of
             the
             King
             's
             eldest
             Son
             and
             Heir
             ,
             or
             to
             slay
             the
             Chancellor
             ,
             Treasurer
             ,
             or
             the
             King's
             Iustices
             of
             the
             one
             Bench
             or
             the
             other
             ,
             Iustices
             in
             Eyre
             ,
             or
             Iustices
             of
             Assise
             ,
             and
             all
             other
             Iustices
             assigned
             to
             hear
             and
             determine
             ,
             being
             in
             their
             Places
             ,
             and
             doing
             their
             Offices
             .
          
           But
           I
           will
           do
           it
           by
           laying
           before
           you
           so
           much
           of
           the
           late
           
             Act
             of
             Parliament
          
           as
           relates
           to
           my
           purpose
           ;
           which
           that
           I
           may
           give
           the
           greater
           light
           ,
           strength
           ,
           and
           vigour
           unto
           ,
           I
           shall
           likewise
           represent
           to
           you
           the
           Act
           of
           the
           2
           Parl.
           of
           Queen
           Mary
           ,
           which
           was
           held
           in
           the
           first
           Year
           of
           her
           Reign
           ,
           that
           by
           your
           Observation
           thereupon
           ,
           in
           what
           different
           Terms
           ,
           and
           enlarging
           Expressions
           of
           Power
           ,
           the
           Princess
           of
           Orange
           was
           made
           ,
           declared
           ,
           and
           enacted
           Queen
           ,
           from
           those
           by
           which
           Philip
           was
           precluded
           and
           shut
           out
           ,
           from
           the
           having
           or
           exercising
           the
           Regal
           Power
           ,
           even
           when
           he
           was
           honoured
           with
           the
           Regal
           Stile
           and
           Dignity
           ;
           you
           may
           easily
           and
           fully
           know
           ,
           that
           the
           whole
           Sovereignty
           ,
           and
           Regal
           Power
           and
           Jurisdiction
           ,
           were
           in
           the
           late
           Princess
           ,
           whereas
           no
           part
           of
           them
           was
           allowed
           to
           Philip
           :
           For
           at
           the
           same
           time
           ,
           and
           by
           the
           same
           Statute
           ,
           when
           and
           by
           which
           Philip
           had
           the
           Royal
           Stile
           ,
           Title
           and
           Honour
           ,
           given
           and
           imparted
           unto
           him
           ,
           and
           was
           constituted
           and
           pronounced
           King
           ,
           elevated
           above
           the
           Quality
           of
           a
           Subject
           ,
           which
           a
           King
           or
           Queen
           Consort
           are
           not
           ,
           it
           was
           ordained
           and
           enacted
           ,
           
             That
             the
             Queen
             might
             and
             should
             solely
             ,
             and
             as
             sole
             Queen
             ,
             use
             ,
             have
             ,
             and
             enjoy
             the
             Crown
             and
             Sovereignty
             of
             and
             over
             all
             these
             Realms
             ,
             Dominions
             ,
             and
             Subjects
             ,
             with
             all
             the
             Preeminencies
             ,
             Prerogatives
             ,
             Dignities
             ,
             Authorities
             ,
             Iurisdictions
             and
             Honours
             ,
             thereunto
             belonging
             ,
          
           &c.
           
           
             And
             that
             no
             Right
             or
             Claim
             of
             Sovereignty
             should
             be
             given
             ,
             come
             ,
             or
             grown
             unto
             the
             said
          
           Philip
           ,
           
             over
             these
             Realms
             and
             Dominions
          
           .
           But
           now
           the
           Act
           of
           Settlement
           ,
           
           in
           and
           by
           which
           a
           Donation
           is
           made
           of
           the
           Crown
           and
           
             Royal
             Dignity
          
           to
           the
           Prince
           and
           Princess
           of
           Orange
           ,
           runneth
           in
           a
           much
           other
           and
           far
           different
           Stile
           .
           For
           after
           that
           Assembly
           had
           assumed
           and
           usurped
           to
           it self
           a
           Right
           and
           Authority
           of
           disposing
           and
           bestowing
           the
           Crown
           of
           this
           Kingdom
           ,
           and
           after
           they
           had
           in
           their
           signal
           Goodness
           ,
           Condescention
           and
           Bounty
           ,
           made
           a
           Donation
           of
           it
           ,
           and
           of
           the
           Sovereign
           and
           Royal
           Dignity
           ,
           to
           the
           Prince
           and
           Princess
           of
           Orange
           ,
           declaring
           that
           thereby
           they
           did
           become
           
             our
             Sovereign
             Liege
             Lord
             and
             Lady
             ,
             King
             and
             Queen
             of
          
           England
           ,
           &c.
           they
           then
           further
           add
           to
           those
           
             Princely
             Persons
             ,
             the
             Royal
             Estate
             ,
             Crown
             ,
             and
             Dignity
             of
             these
             Realms
             ,
             with
             all
             Honours
             ,
             Stiles
             ,
             Titles
             ,
             Regalities
             ,
             Prerogatives
             ,
             Iurisdictions
             and
             Authorities
             ,
             to
             the
             same
             belonging
             ,
             are
             most
             Fully
             ,
             Rightfully
             and
             Entirely
             ,
             invested
             ,
             incorporated
             ,
             united
             and
             annexed
             .
          
           So
           that
           we
           may
           by
           comparing
           the
           Communication
           of
           the
           Royal
           Name
           ,
           Stile
           and
           Dignity
           ,
           made
           by
           the
           former
           Act
           ,
           with
           the
           Conveyance
           of
           the
           same
           with
           the
           subjoined
           and
           annexed
           Jurisdiction
           ,
           &c.
           made
           by
           the
           
             later
             Act
          
           ,
           come
           to
           understand
           ,
           that
           the
           whole
           Sovereign
           Royal
           Power
           and
           Authority
           over
           these
           Realms
           became
           vested
           in
           the
           Princess
           as
           well
           as
           the
           Prince
           of
           Orange
           ;
           which
           they
           were
           not
           in
           Philip
           ,
           but
           only
           in
           
             Queen
             Mary
          
           .
           But
           to
           all
           that
           which
           I
           have
           already
           advanced
           ,
           I
           go
           on
           further
           to
           add
           ,
           That
           even
           on
           the
           Principles
           of
           the
           Gentlemen
           of
           the
           two
           Revolutional
           Parliaments
           ,
           the
           whole
           Sovereignty
           was
           not
           only
           as
           wholy
           and
           as
           entirely
           in
           the
           Princess
           of
           Orange
           as
           it
           was
           in
           the
           Prince
           ,
           but
           that
           it
           was
           one
           and
           the
           same
           Individual
           Sovereignty
           ,
           though
           lodged
           in
           two
           different
           and
           distinct
           Persons
           ;
           and
           I
           must
           withall
           say
           ,
           That
           though
           they
           were
           Two
           in
           
             genere
             Physico
          
           ,
           in
           the
           Predicament
           of
           Substances
           ,
           yet
           they
           were
           but
           One
           in
           
             conspectu
             Legis
          
           ,
           in
           the
           esteem
           and
           account
           of
           the
           Law.
           The
           Royalty
           and
           Legal
           Authority
           was
           not
           divided
           between
           them
           ,
           one
           Share
           falling
           to
           the
           Lot
           of
           the
           Prince
           ,
           and
           another
           becoming
           the
           Portion
           of
           the
           Princess
           ;
           but
           it
           was
           the
           same
           entire
           ,
           undivided
           ,
           numerical
           Sovereignty
           in
           them
           both
           .
           For
           this
           the
           Act
           of
           Settlement
           doth
           as
           plainly
           declare
           as
           Words
           can
           express
           it
           ;
           namely
           ,
           That
           the
           
             Prince
             and
             Princess
             of
          
           Orange
           ,
           
             being
             become
             our
             King
             and
             Queen
             ,
             that
             therefore
             in
             and
             to
             their
             Persons
             are
             the
             Regal
             Estate
             ,
             Crown
             ,
          
           &c.
           
             fully
             ,
             entirely
             ,
             invested
             ,
             incorporated
             ,
             united
             ,
             and
             annexed
             .
          
           And
           therefore
           all
           Commissions
           ,
           Grants
           ,
           and
           the
           many
           other
           Exercises
           of
           Sovereignty
           ,
           were
           ordained
           to
           be
           ,
           and
           have
           accordingly
           been
           ,
           in
           both
           their
           Names
           .
           Nor
           did
           that
           Union
           and
           Conjunction
           of
           their
           Names
           in
           all
           Cases
           ,
           wherein
           the
           Royal
           Authority
           
           did
           or
           could
           exert
           it self
           ,
           proceed
           from
           a
           Contribution
           of
           Regal
           and
           Sovereign
           Efficacy
           and
           Authority
           which
           each
           of
           them
           gave
           to
           every
           Act
           of
           Jurisdiction
           ,
           both
           clubbing
           those
           distinct
           Shares
           and
           Parts
           of
           Regal
           Power
           which
           they
           possessed
           separately
           ,
           and
           by
           Moyeties
           ;
           but
           it
           had
           its
           Foundation
           in
           ,
           and
           flowed
           from
           that
           numerical
           Unity
           of
           Regal
           Power
           ,
           Authority
           and
           Jurisdiction
           ,
           which
           they
           stood
           vested
           with
           as
           one
           legal
           Sovereign
           ,
           though
           two
           physical
           Persons
           .
           In
           a
           Word
           ,
           though
           William
           and
           Mary
           were
           two
           several
           and
           distinct
           individual
           Persons
           of
           the
           human
           Species
           ,
           they
           were
           but
           
             un
             Roi
          
           ,
           one
           singular
           King
           ,
           in
           their
           Politick
           Station
           .
           And
           to
           place
           i●
           beyond
           being
           contradicted
           by
           any
           reasonable
           and
           discreet
           Man
           ,
           that
           the
           Sovereignty
           was
           as
           fully
           in
           her
           as
           in
           him
           ,
           and
           that
           it
           was
           but
           one
           and
           the
           same
           Sovereignty
           lodged
           in
           both
           ,
           not
           only
           all
           the
           Acts
           flowing
           from
           the
           executive
           Part
           of
           the
           Government
           do
           run
           in
           both
           their
           Names
           ,
           but
           all
           the
           Acts
           of
           the
           legislative
           Part
           do
           so
           also
           .
           Nor
           do
           the
           several
           Acts
           of
           Parliament
           which
           have
           passed
           during
           the
           Usurpation
           bear
           only
           the
           Stile
           of
           the
           Acts
           of
           William
           and
           Mary
           ,
           but
           the
           Royal
           Assent
           ,
           (
           as
           it
           hath
           been
           miscalled
           )
           was
           given
           in
           the
           Name
           of
           the
           Princess
           during
           her
           Life
           ,
           as
           well
           as
           in
           the
           Name
           of
           the
           Prince
           .
           And
           to
           add
           that
           upon
           which
           the
           great
           Weight
           and
           Stress
           of
           this
           Point
           doth
           lie
           ,
           namely
           ,
           That
           the
           Writs
           by
           which
           this
           Parliament
           was
           called
           ,
           and
           had
           its
           Being
           in
           Law
           given
           unto
           it
           ,
           were
           issued
           out
           in
           both
           their
           Names
           ,
           and
           were
           the
           Writs
           of
           the
           Princess
           as
           well
           as
           of
           the
           Prince
           of
           Orange
           .
           Nor
           is
           it
           necessary
           that
           I
           should
           insert
           here
           a
           Copy
           of
           the
           Writ
           ,
           any
           farther
           than
           that
           it
           runs
           ,
           
             Guilielmus
             &
             Maria
          
           ,
           &c.
           
           Angliae
           ,
           &c.
           
             Rex
             &
             Regina
          
           .
           And
           as
           I
           have
           said
           before
           ,
           her
           Name
           was
           not
           used
           in
           it
           meerly
           from
           an
           honorary
           Esteem
           had
           of
           her
           ,
           but
           as
           indispensable
           and
           intrinsically
           Necessary
           to
           give
           the
           Writ
           its
           legal
           Power
           and
           Validity
           ;
           and
           without
           whose
           Name
           it
           had
           been
           void
           of
           all
           operative
           Virtue
           for
           the
           Constitution
           and
           Erection
           of
           such
           a
           Number
           of
           Men
           into
           a
           Parliament
           ,
           or
           for
           the
           giving
           Existence
           to
           a
           legal
           Court
           of
           that
           Denomination
           .
           And
           had
           
             her
             Name
          
           been
           wanting
           in
           the
           Writ
           ,
           all
           those
           several
           Congregations
           of
           People
           in
           the
           Counties
           ,
           Cities
           and
           Burroughs
           ,
           for
           the
           electing
           their
           several
           and
           respective
           Quota's
           and
           Number
           of
           Members
           to
           represent
           them
           in
           the
           high
           Court
           of
           the
           Kingdom
           ,
           had
           been
           so
           many
           riotous
           and
           tumultuous
           Meetings
           ;
           and
           those
           chosen
           and
           elected
           by
           them
           to
           be
           to
           be
           their
           Substitutes
           and
           Deputies
           ,
           had
           been
           the
           illegal
           Creatures
           of
           a
           Riot
           ,
           and
           could
           not
           have
           acted
           in
           the
           Names
           and
           Stead
           of
           those
           
           that
           sent
           them
           ,
           without
           being
           highly
           Criminal
           in
           the
           Sight
           and
           Account
           of
           the
           Law.
           Nor
           did
           the
           Writ
           only
           run
           in
           both
           their
           Names
           ,
           and
           flow
           and
           proceed
           from
           them
           ,
           and
           become
           impregnated
           with
           a
           creative
           and
           constitutive
           Power
           of
           giving
           Being
           to
           a
           Parliament
           ,
           in
           the
           Virtue
           of
           that
           individual
           and
           entire
           Sovereignty
           lodged
           in
           the
           Princess
           as
           well
           as
           in
           the
           Prince
           ,
           as
           in
           the
           one
           Politick
           Head
           of
           the
           Government
           ;
           but
           those
           who
           in
           persuance
           and
           execution
           of
           that
           Writ
           were
           chosen
           to
           be
           Members
           of
           this
           Parliament
           ,
           came
           together
           ,
           assembled
           and
           sat
           ,
           to
           confer
           and
           consult
           with
           ,
           and
           to
           give
           advice
           and
           aid
           to
           Mary
           as
           well
           as
           to
           William
           ;
           and
           the
           Power
           and
           Trust
           which
           they
           received
           from
           their
           several
           and
           respective
           Electors
           ,
           was
           to
           represent
           what
           came
           to
           be
           representable
           to
           the
           Prince
           and
           Princess
           joyntly
           ,
           and
           to
           act
           and
           concur
           in
           ,
           and
           to
           consent
           unto
           such
           Things
           as
           Mary
           as
           well
           as
           William
           were
           to
           have
           
             Colloquium
             &
             Tractatum
          
           ,
           Conference
           and
           Transaction
           with
           them
           about
           .
           For
           upon
           the
           execution
           of
           the
           Writ
           for
           the
           Choice
           of
           those
           who
           were
           returned
           the
           Members
           of
           the
           present
           Parliament
           ,
           the
           Trust
           that
           came
           to
           be
           conveyed
           ,
           transferred
           ,
           consigned
           ,
           and
           committed
           unto
           them
           ,
           was
           not
           to
           act
           singly
           and
           separately
           with
           William
           ,
           but
           with
           Mary
           also
           .
           So
           that
           this
           being
           now
           become
           impossible
           by
           the
           Death
           of
           the
           late
           Princess
           ,
           the
           Trust
           that
           was
           lodged
           in
           those
           Gentlemen
           ,
           by
           their
           respective
           Counties
           ,
           Cities
           and
           Burroughs
           ,
           is
           fully
           determined
           and
           expired
           ,
           with
           reference
           to
           all
           the
           Ends
           and
           Purposes
           for
           which
           it
           was
           consigned
           and
           committed
           to
           them
           .
           And
           had
           the
           People
           (
           in
           order
           to
           the
           saving
           themselves
           repeated
           Trouble
           and
           renewed
           Expence
           )
           been
           willing
           to
           have
           chosen
           those
           that
           were
           to
           constitute
           and
           make
           up
           the
           Assembly
           at
           Westminster
           ,
           to
           have
           been
           their
           Representatives
           for
           an
           Age
           ,
           and
           had
           accordingly
           authorised
           ,
           and
           empowered
           them
           to
           do
           and
           act
           in
           their
           Names
           during
           so
           long
           a
           time
           ,
           it
           was
           more
           than
           the
           Electors
           were
           in
           a
           legal
           Capacity
           ,
           or
           had
           a
           Right
           and
           Power
           to
           do
           ;
           in
           that
           all
           the
           Authority
           they
           had
           for
           their
           Choice
           ,
           Deputation
           and
           Authorization
           ,
           of
           their
           Representatives
           ,
           accruing
           and
           resulting
           unto
           them
           from
           the
           Writ
           of
           William
           and
           Mary
           ,
           and
           from
           the
           Nature
           and
           Quality
           of
           it
           ,
           as
           regulated
           and
           prescribed
           by
           the
           Law
           ,
           they
           could
           not
           extend
           or
           enlarge
           either
           the
           Measure
           or
           the
           Duration
           of
           the
           Trust
           they
           were
           to
           convey
           to
           their
           Representatives
           beyond
           the
           Limits
           and
           Boundaries
           set
           them
           in
           the
           Writ
           ,
           and
           that
           was
           to
           consult
           with
           ,
           give
           advice
           unto
           ,
           and
           to
           do
           and
           act
           in
           their
           Names
           ,
           with
           Mary
           as
           well
           as
           with
           William
           ;
           and
           consequently
           
           this
           Assembly
           became
           dissolved
           and
           disabled
           in
           Law
           from
           sitting
           and
           acting
           as
           a
           Parliament
           immediately
           upon
           the
           Death
           of
           the
           forementioned
           Princess
           :
           Seeing
           then
           and
           thereby
           both
           the
           End
           they
           were
           called
           for
           ,
           and
           the
           Trust
           committed
           to
           them
           by
           the
           People
           ,
           for
           the
           complying
           with
           and
           answering
           of
           that
           End
           ,
           did
           not
           only
           cease
           and
           expire
           ,
           but
           in
           that
           it
           became
           physically
           as
           well
           as
           legally
           Impracticable
           to
           persue
           the
           End
           ,
           or
           to
           execute
           the
           Trust
           any
           longer
           .
           I
           might
           farther
           add
           ,
           That
           for
           the
           Assembly
           at
           Westminster
           to
           have
           continued
           to
           sit
           and
           act
           as
           a
           Parliament
           ,
           after
           the
           Death
           of
           the
           late
           Princess
           of
           Orange
           ,
           is
           both
           inconsistent
           with
           the
           Rules
           and
           Practices
           of
           all
           Parliaments
           ,
           and
           directly
           repugnant
           to
           a
           known
           and
           standing
           Maxim
           in
           Law.
           For
           it
           hath
           ever
           been
           received
           as
           a
           Rule
           in
           Law
           ,
           and
           the
           Course
           of
           Parliaments
           have
           been
           always
           correspondent
           thereunto
           ;
           namely
           ,
           That
           the
           Acts
           of
           every
           Parliament
           must
           relate
           unto
           ,
           and
           receive
           their
           Denomination
           from
           the
           first
           Day
           of
           their
           Session
           ,
           and
           by
           consequence
           it
           being
           impossible
           that
           the
           Acts
           made
           under
           the
           pretended
           Reign
           of
           William
           alone
           ,
           should
           be
           adjusted
           to
           the
           first
           Day
           of
           the
           Session
           that
           was
           in
           the
           supposed
           Reign
           of
           William
           and
           Mary
           ;
           it
           immediately
           follows
           ,
           That
           the
           Parliament
           which
           sat
           then
           under
           both
           ,
           cannot
           have
           a
           Right
           to
           sit
           now
           under
           one
           .
           Nor
           can
           the
           Acts
           made
           under
           the
           Reign
           of
           William
           alone
           ,
           any
           more
           relate
           to
           the
           first
           Day
           of
           the
           Sessions
           which
           was
           in
           the
           Reign
           of
           William
           and
           Mary
           ,
           than
           they
           do
           to
           the
           Sessions
           of
           Parliaments
           under
           King
           Stephen
           or
           King
           John.
           But
           this
           ,
           and
           most
           other
           Things
           needful
           to
           the
           setting
           this
           Subject
           in
           its
           proper
           Light
           ,
           having
           been
           briefly
           and
           yet
           fully
           done
           by
           the
           
             Author
             of
             a
             Letter
             to
             a
             Friend
             in
             the
             Country
             ,
          
           I
           shall
           wave
           the
           adding
           of
           any
           more
           ,
           either
           upon
           this
           Head
           ,
           or
           in
           confirmation
           that
           the
           Parliament
           was
           by
           Law
           dissolved
           by
           the
           Death
           of
           the
           late
           Princess
           of
           Orange
           :
           And
           the
           rather
           in
           that
           what
           I
           have
           farther
           to
           say
           will
           be
           more
           pertinently
           offered
           ,
           in
           answering
           the
           Objections
           brought
           by
           the
           Partizans
           of
           that
           Assembly
           .
           Only
           as
           I
           desire
           to
           mix
           my
           Thanks
           ,
           with
           those
           of
           all
           true
           English
           Men
           ,
           to
           that
           Author
           for
           the
           seasonable
           and
           useful
           Service
           he
           has
           done
           his
           Country
           ;
           so
           I
           do
           pay
           him
           my
           own
           particular
           Acknowledgments
           ,
           for
           the
           favour
           of
           having
           carried
           the
           Lantern
           before
           me
           ,
           and
           helpt
           me
           by
           the
           means
           and
           benefit
           of
           his
           Light
           the
           better
           to
           discern
           my
           own
           way
           ,
           and
           to
           avoid
           stumbling
           in
           these
           Paths
           that
           have
           not
           been
           much
           trodden
           .
        
         
         
           There
           are
           but
           two
           Objections
           can
           be
           advanced
           in
           favour
           of
           this
           Assemblies
           continuing
           to
           be
           a
           Parliament
           ,
           notwithstanding
           the
           Death
           of
           the
           late
           Princess
           ,
           nor
           can
           either
           the
           Wit
           or
           the
           Malice
           of
           Man
           invent
           and
           produce
           more
           ;
           and
           therefore
           I
           shall
           represent
           them
           in
           all
           the
           fairest
           Colours
           of
           Beauty
           and
           Strength
           that
           they
           are
           capable
           of
           having
           put
           upon
           them
           ;
           and
           then
           I
           shall
           give
           those
           irresistable
           Answers
           to
           them
           ,
           that
           Men
           must
           sacrifice
           Reason
           to
           Passion
           ,
           and
           prefer
           Darkness
           to
           Light
           ,
           that
           can
           have
           the
           Face
           to
           alledge
           them
           again
           in
           behalf
           of
           the
           
             Westminster
             Iuncto's
          
           remaining
           to
           be
           a
           Parliament
           .
           The
           first
           is
           ,
           That
           though
           by
           the
           Act
           of
           Settlement
           there
           was
           a
           Donation
           made
           of
           the
           Crown
           to
           William
           and
           Mary
           ,
           and
           the
           whole
           and
           compleat
           Sovereignty
           placed
           and
           settled
           Joyntly
           in
           them
           both
           ,
           as
           one
           Regal
           Head
           of
           the
           Kingdom
           ;
           yet
           by
           the
           same
           Act
           ,
           
             The
             entire
             and
             full
             exercise
             of
             the
             Royal
             Power
             and
             Government
             was
             only
             to
             be
             in
             ,
             and
             to
             be
             executed
             by
          
           William
           ,
           
             in
             the
             Names
             of
             them
             both
             .
          
           And
           therefore
           that
           the
           issuing
           forth
           of
           the
           Writ
           by
           which
           this
           Parliament
           was
           called
           ,
           and
           had
           a
           legal
           Existence
           and
           Being
           given
           unto
           it
           ,
           being
           an
           Act
           of
           the
           executive
           Part
           and
           Power
           of
           the
           Government
           ,
           and
           done
           by
           William
           alone
           in
           persuance
           of
           that
           Right
           and
           Authority
           vested
           in
           him
           by
           the
           Act
           of
           Settlement
           ,
           and
           he
           still
           surviving
           ,
           that
           consequently
           this
           Parliament
           surviveth
           also
           ,
           and
           will
           continue
           so
           to
           do
           ,
           until
           he
           either
           dissolve
           it
           by
           an
           Exertion
           of
           his
           Sovereign
           Regal
           Authority
           ,
           or
           until
           it
           come
           to
           be
           dissolved
           by
           his
           Death
           ;
           which
           when
           it
           comes
           ,
           I
           do
           suppose
           the
           Gentlemen
           of
           the
           Club
           in
           St.
           
           Stephen's
           Chapel
           will
           not
           be
           so
           frontless
           as
           not
           to
           acknowledge
           it
           to
           be
           a
           Demise
           .
           Now
           to
           this
           Objection
           I
           shall
           take
           the
           Liberty
           and
           be
           at
           the
           Pains
           of
           returning
           three
           Answers
           ,
           and
           all
           of
           them
           evidently
           Clear
           ,
           and
           demonstratively
           Satisfactory
           .
           The
           first
           is
           ,
           That
           it
           is
           not
           the
           bare
           having
           the
           Right
           of
           executing
           the
           Regal
           Power
           and
           Government
           ,
           that
           enableth
           a
           Person
           to
           give
           Being
           to
           a
           Parliament
           ;
           but
           it
           is
           the
           whole
           and
           entire
           Sovereignty
           vested
           in
           such
           a
           Person
           ,
           and
           then
           exerted
           in
           some
           executive
           Act
           ,
           that
           can
           and
           doth
           give
           a
           legal
           Existence
           unto
           it
           .
           That
           is
           ,
           every
           Act
           that
           is
           or
           can
           be
           constitutive
           of
           a
           Parliament
           ,
           must
           have
           its
           Foundation
           ,
           and
           flow
           and
           result
           from
           the
           whole
           Sovereignty
           ,
           before
           the
           exercise
           and
           application
           of
           such
           an
           Act
           in
           the
           issuing
           out
           of
           Writs
           can
           in
           that
           way
           of
           Power
           that
           is
           meerly
           executive
           ,
           be
           capable
           of
           giving
           a
           Legality
           to
           what
           is
           done
           .
           And
           therefore
           the
           most
           Rightful
           King
           that
           is
           ,
           and
           who
           hath
           both
           the
           whole
           and
           entire
           Sovereignty
           ,
           and
           the
           legal
           Authority
           and
           Power
           
           of
           executing
           it
           fully
           and
           inherently
           lodged
           and
           vested
           〈◊〉
           him
           ,
           may
           nevertheless
           command
           and
           do
           Things
           illegal
           and
           arbitrary
           ;
           if
           he
           extend
           his
           executive
           Power
           in
           commanding
           and
           doing
           those
           Things
           which
           by
           the
           Rules
           of
           the
           Constitution
           ,
           and
           the
           Laws
           of
           the
           Land
           ,
           do
           lie
           out
           of
           the
           Verge
           of
           his
           Royal
           and
           Sovereign
           Power
           .
           For
           every
           act
           that
           a
           Prince
           exerteth
           his
           Authority
           in
           and
           about
           ,
           must
           first
           lie
           within
           the
           Circle
           and
           Precinct
           of
           his
           Sovereign
           and
           Legal
           Power
           ,
           before
           his
           Exercise
           of
           his
           Authority
           in
           and
           concerning
           it
           ,
           can
           be
           Lawful
           and
           Justifiable
           ;
           otherwise
           all
           Exercises
           of
           Executive
           Royal
           Power
           ,
           though
           by
           the
           most
           legitimate
           and
           lawful
           King
           ,
           are
           so
           far
           from
           being
           legal
           Acts
           ,
           that
           they
           are
           Acts
           of
           force
           and
           violence
           .
           No
           Man
           will
           deny
           but
           that
           King
           James
           was
           a
           Lawful
           and
           Rightful
           King
           ,
           and
           that
           he
           had
           both
           the
           entire
           Sovereignty
           and
           the
           executive
           Power
           of
           Government
           fully
           and
           legally
           vested
           in
           him
           ;
           and
           yet
           the
           Convention
           in
           their
           Act
           of
           Donation
           of
           the
           Crown
           to
           William
           and
           Mary
           ,
           (
           and
           which
           Act
           stands
           confirmed
           by
           this
           Parliament
           )
           do
           not
           only
           declare
           that
           the
           Power
           to
           which
           he
           pretended
           of
           
             dispensing
             with
             the
             Laws
             ,
             or
             the
             execution
             of
             the
             Laws
             ,
             by
             Regal
             Authority
             ,
             was
             illegal
             ;
             and
             that
             his
             issuing
             out
             a
             Commission
             for
             erecting
             the
             late
             Court
             of
             Commissioners
             for
             Ecclesiastical
             Causes
             ,
             and
             all
             other
             Commissions
             and
             Courts
             of
             the
             like
             Nature
             ,
             are
             illegal
             and
             pernicious
             :
          
           (
           Not
           to
           mention
           that
           large
           Roll
           of
           many
           Exe●●ises
           of
           his
           executive
           Power
           ,
           which
           they
           do
           there
           declare
           to
           have
           〈◊〉
           also
           illegal
           ;
           )
           but
           they
           make
           ,
           assign
           ,
           and
           lay
           them
           down
           ,
           as
           the
           Grounds
           ,
           Reasons
           and
           Motives
           ,
           why
           they
           withdrew
           their
           Allegiance
           from
           him
           ,
           and
           abdicated
           and
           renounced
           him
           .
           Now
           when
           the
           present
           Parliament
           was
           called
           ,
           the
           Prince
           of
           Orange
           had
           no
           Sovereign
           Power
           ,
           distinct
           and
           separate
           from
           the
           Sovereign
           Power
           that
           was
           vested
           in
           the
           Princess
           ,
           but
           the
           entire
           Sovereignty
           was
           incorporated
           in
           them
           both
           Joyntly
           as
           one
           political
           Head.
           And
           therefore
           there
           being
           an
           Abatement
           by
           her
           Death
           of
           the
           Validity
           of
           those
           Writs
           by
           which
           this
           Parliament
           both
           received
           its
           Being
           ,
           and
           was
           supported
           and
           upheld
           in
           it
           ;
           it
           unavoidably
           followeth
           ,
           That
           the
           Parliament
           became
           thereupon
           actually
           dissolved
           ,
           through
           the
           ceasing
           of
           the
           Legal
           Authority
           of
           the
           Writs
           ,
           upon
           which
           its
           Existence
           depended
           .
           For
           her
           Sovereignty
           being
           once
           absolutely
           necessary
           to
           give
           Vertue
           ,
           Vigour
           ,
           and
           Authority
           to
           those
           Writs
           ,
           and
           to
           make
           them
           good
           in
           Law
           ,
           and
           operative
           to
           the
           Ends
           for
           which
           they
           were
           issued
           forth
           ;
           and
           that
           Sovereignty
           of
           hers
           being
           wholy
           departed
           the
           Writs
           ,
           and
           they
           thereupon
           in
           Law
           being
           become
           Nullities
           ,
           it
           naturally
           and
           uncontroulably
           
           follows
           ,
           that
           through
           the
           Nullity
           that
           by
           her
           Death
           hath
           overtaken
           those
           Writs
           ,
           that
           which
           was
           once
           a
           Parliament
           upon
           their
           Hypotheses
           of
           Government
           ,
           is
           also
           become
           cassed
           ,
           disabled
           and
           annulled
           ,
           from
           remaining
           one
           any
           longer
           .
           For
           as
           the
           Author
           of
           the
           
             Letter
             to
             a
             Friend
             in
             the
             Country
          
           hath
           very
           well
           observed
           ,
           It
           is
           not
           Sovereignty
           in
           genere
           that
           preserveth
           the
           Life
           ,
           Power
           ,
           and
           Authority
           of
           a
           Parliament
           ,
           but
           it
           is
           the
           Sovereignty
           of
           the
           same
           individual
           Royal
           Person
           ,
           that
           gave
           Validity
           and
           Efficacy
           to
           the
           Writs
           by
           which
           it
           was
           at
           first
           called
           .
           For
           otherwise
           ,
           as
           a
           King
           never
           dyes
           ,
           so
           no
           Parliament
           could
           ever
           be
           dissolved
           by
           the
           Death
           of
           any
           ;
           nor
           could
           any
           Thing
           dissolve
           a
           Parliament
           ,
           but
           his
           pronouncing
           it
           to
           be
           so
           that
           first
           called
           it
           .
           By
           our
           Law
           the
           King
           is
           immortal
           ,
           he
           never
           dyeth
           ,
           the
           King
           liveth
           over
           〈◊〉
           ,
           the
           Regal
           Dignity
           and
           Power
           do
           always
           subsist
           ,
           though
           there
           be
           a
           Change
           of
           the
           Persons
           in
           whom
           it
           was
           inherent
           ,
           1
           
             Com.
             177.
             11
             
             Rep.
             7.
             21
             
             Ed.
             4
             &c.
          
           so
           that
           according
           to
           our
           Law
           there
           is
           never
           a
           Cessation
           of
           the
           Sovereignty
           ,
           but
           only
           a
           Cessation
           of
           this
           or
           that
           individual
           Subject
           or
           Person
           ,
           in
           whom
           while
           he
           survived
           it
           was
           incorporated
           and
           inherent
           .
           So
           that
           upon
           the
           whole
           ,
           unless
           you
           can
           make
           
             William
             alone
          
           to
           be
           both
           William
           and
           Mary
           ,
           and
           can
           render
           one
           single
           individual
           Person
           to
           be
           two
           ,
           the
           Sovereign
           that
           we
           have
           no●
           is
           not
           the
           same
           identical
           Sovereign
           that
           we
           had
           before
           the
           Death
           of
           the
           
             late
             Princess
          
           .
           And
           by
           consequence
           this
           Parliament
           mast
           in
           Law
           be
           actually
           dissolved
           ;
           seeing
           its
           whole
           Being
           and
           Existence
           depended
           upon
           the
           Life
           of
           the
           Sovereign
           we
           had
           then
           ,
           and
           that
           preclusively
           from
           all
           legal
           Capacity
           and
           Possibility
           of
           borrowing
           a
           Duration
           and
           Continuance
           in
           its
           Existence
           from
           the
           Life
           of
           any
           other
           ,
           though
           of
           one
           then
           vested
           with
           the
           Sovereignty
           ,
           if
           he
           was
           not
           sole
           and
           alone
           Sovereign
           .
           But
           to
           advance
           to
           my
           second
           Answer
           to
           the
           forementioned
           Objection
           ;
           I
           do
           say
           ,
           that
           at
           some
           Times
           ,
           and
           upon
           some
           Occasions
           ,
           the
           executive
           Power
           of
           the
           Government
           hath
           been
           by
           Acts
           of
           Parliament
           transferred
           unto
           ,
           and
           settled
           upon
           those
           ,
           who
           had
           no
           Share
           or
           Portion
           in
           the
           Sovereignty
           and
           Regal
           Dignity
           .
           I
           will
           not
           enquire
           whether
           it
           was
           done
           either
           wisely
           or
           legally
           ,
           it
           being
           enough
           for
           my
           purpose
           that
           it
           has
           been
           done
           ,
           and
           that
           oftner
           than
           once
           ▪
           Of
           which
           the
           first
           Instance
           and
           Example
           I
           will
           assign
           is
           that
           of
           the
           10th
           Year
           of
           Rich.
           2.
           and
           the
           20th
           Year
           of
           his
           Age
           :
           For
           a
           Parliament
           being
           then
           held
           ,
           and
           having
           found
           that
           during
           his
           Minority
           there
           had
           ,
           through
           the
           ill
           Council
           and
           Advice
           of
           some
           Persons
           that
           were
           much
           in
           his
           
           Favour
           and
           Confidence
           ,
           been
           many
           and
           great
           Miscarriages
           in
           the
           Government
           ;
           they
           thereupon
           prepared
           a
           Bill
           ,
           which
           upon
           their
           obtaining
           the
           Royal
           Assent
           unto
           it
           ,
           became
           an
           Act
           or
           Statute
           ,
           wherein
           they
           
             awarded
             a
             Commission
             to
             Twelve
             several
             Peers
             ,
             and
             others
             of
             great
             Wisdom
             and
             Fidelity
             ,
             giving
             them
             Power
             and
             Authority
             in
             all
             Things
             concerning
             the
             King's
             Houshold
             ,
             Courts
             of
             Iustice
             ,
             Revenue
             ,
             and
             every
             thing
             else
             that
             concerned
             the
             good
             of
             the
             Realm
             ,
             to
             put
             in
             execution
             and
             finally
             determine
             ,
             for
             the
             Honour
             of
             the
             King
             ,
             Relief
             of
             the
             People
             ,
             and
             the
             better
             Government
             of
             the
             Peace
             and
             Laws
             of
             the
             Realm
             ,
             and
             this
             Commission
             to
             remain
             in
             force
             for
             a
             Year
             ,
             at
             the
             end
             whereof
             the
             King
             would
             be
             of
             Age.
          
           Now
           I
           suppose
           that
           no
           Man
           will
           have
           the
           Folly
           ,
           as
           well
           as
           the
           Impudence
           ,
           to
           say
           that
           the
           Sovereign
           and
           Regal
           Power
           was
           vested
           and
           inherent
           in
           those
           Commissioners
           ,
           and
           yet
           they
           were
           possessed
           of
           ,
           and
           had
           thereby
           given
           unto
           them
           ,
           the
           whole
           executive
           Power
           of
           the
           Government
           .
           So
           that
           how
           much
           soever
           this
           was
           ,
           or
           ,
           at
           least
           ,
           looks
           like
           a
           Derogation
           of
           the
           Crown
           ,
           an
           Usurpation
           upon
           the
           Royal
           Power
           ,
           and
           a
           Disherison
           of
           the
           King
           ;
           yet
           we
           find
           it
           hath
           been
           awarded
           ,
           authorised
           ,
           and
           enacted
           by
           a
           Parliament
           ,
           which
           demonstratively
           sheweth
           ,
           That
           the
           executive
           Power
           of
           the
           Government
           has
           not
           only
           been
           thought
           separable
           ,
           but
           has
           been
           actually
           separated
           from
           the
           Sovereignty
           and
           Regal
           Dignity
           .
           And
           consequently
           that
           the
           Prince
           of
           
           Orange's
           having
           the
           full
           and
           the
           sole
           Exercises
           of
           the
           Regal
           Power
           given
           unto
           him
           by
           the
           Act
           of
           Settlement
           ,
           and
           his
           having
           in
           the
           virtue
           thereof
           issued
           out
           the
           Writs
           for
           the
           calling
           of
           this
           Parliament
           ,
           doth
           not
           entitle
           it
           to
           a
           Continuance
           ,
           or
           a
           Right
           to
           sit
           after
           the
           Death
           of
           the
           late
           Princess
           ;
           there
           being
           now
           a
           Change
           and
           Alteration
           in
           the
           Sovereignty
           ,
           of
           what
           it
           was
           at
           the
           time
           of
           calling
           the
           said
           Parliament
           ,
           and
           before
           the
           Death
           of
           Mary
           .
           Forasmuch
           as
           the
           Regal
           ,
           Dignity
           ,
           which
           was
           then
           incorporated
           in
           two
           natural
           Persons
           ,
           though
           only
           one
           ,
           political
           ,
           is
           now
           become
           vested
           in
           one
           single
           Individual
           one
           .
           But
           the
           second
           Instance
           which
           I
           shall
           mention
           ,
           is
           yet
           both
           more
           plain
           and
           more
           directly
           home
           to
           the
           Matter
           and
           Subject
           which
           I
           am
           upon
           ;
           and
           that
           is
           the
           Statute
           of
           the
           17
           Car.
           1.
           for
           the
           calling
           and
           holding
           
             Triennial
             Parliaments
          
           ,
           in
           which
           it
           was
           ordained
           and
           enacted
           ,
           
             That
             if
             the
             King
             did
             not
             by
             such
             a
             time
             as
             was
             there
             expressed
             ,
             issue
             out
             his
             Writs
             for
             the
             calling
             and
             assembling
             of
             a
             Parliament
             ,
             that
             then
             upon
             such
             a
             Failure
             of
             the
             King
             's
             ,
             in
             the
             executive
             Part
             of
             the
             Government
             ,
             the
             Lord
             Chancellor
             or
             Lord
             Keeper
             for
             the
             time
             being
             ,
             and
             so
             onwards
             to
             others
             ,
             till
             in
             case
             of
             the
             Neglect
             of
             all
             those
             ,
             whom
             they
             there
             mention
             ,
             and
             do
             
             both
             empower
             and
             require
             to
             do
             it
             ,
             they
             give
             Authority
             to
             the
             Freeholders
             themselves
             to
             meet
             at
             or
             before
             such
             a
             day
             ,
             and
             to
             chuse
             and
             elect
             Members
             .
          
           Now
           it
           will
           not
           be
           denied
           ,
           but
           that
           as
           the
           Right
           of
           calling
           Parliaments
           is
           one
           of
           the
           most
           noble
           ,
           inherent
           ,
           and
           essential
           Prerogatives
           of
           the
           Crown
           ;
           so
           the
           exertion
           of
           this
           Sovereign
           Royal
           Power
           in
           the
           sending
           forth
           of
           Writs
           for
           the
           actual
           chusing
           and
           assembling
           of
           one
           ,
           is
           one
           of
           the
           most
           eminent
           and
           illustrious
           Acts
           and
           Exercises
           of
           the
           executive
           Power
           of
           Government
           .
           And
           here
           by
           a
           Statute
           introductive
           of
           a
           new
           Law
           ,
           which
           had
           no
           Foundation
           in
           the
           Common
           Law
           ,
           and
           which
           was
           besides
           very
           derogatory
           to
           the
           Crown
           ,
           was
           there
           a
           Power
           of
           issuing
           out
           Writs
           for
           the
           calling
           and
           assembling
           of
           a
           Parliament
           ,
           transferred
           unto
           ,
           and
           devolved
           upon
           such
           ,
           as
           had
           nothing
           of
           the
           Sovereignty
           and
           Regal
           Dignity
           .
           Now
           if
           through
           the
           King
           's
           failing
           to
           call
           a
           Parliament
           ,
           within
           the
           time
           which
           was
           prefixed
           and
           limitted
           by
           that
           Act
           ,
           the
           Lord
           Chancellor
           ,
           or
           any
           of
           those
           that
           were
           empowered
           to
           call
           it
           ,
           upon
           the
           King's
           neglect
           to
           do
           it
           ,
           should
           have
           issued
           out
           Writs
           in
           persuance
           of
           the
           said
           Act
           for
           the
           calling
           and
           assembling
           of
           one
           ;
           all
           which
           in
           fact
           might
           very
           well
           have
           been
           ,
           seeing
           we
           are
           to
           suppose
           nothing
           in
           Statutes
           to
           have
           been
           idle
           and
           impertinent
           :
           Yet
           any
           such
           Parliament
           ,
           and
           so
           called
           ,
           would
           have
           been
           as
           much
           and
           as
           really
           dissolved
           by
           the
           Death
           of
           the
           King
           ,
           as
           if
           the
           Writs
           for
           the
           calling
           of
           it
           had
           been
           issued
           out
           by
           himself
           ,
           and
           by
           his
           own
           Personal
           Authority
           and
           Command
           .
           For
           through
           their
           being
           called
           by
           an
           Exertion
           of
           the
           King
           's
           Regal
           and
           Sovereign
           Power
           ,
           though
           applied
           and
           exercised
           by
           one
           distinct
           from
           him
           ;
           and
           through
           the
           Writs
           being
           issued
           forth
           in
           his
           Name
           ,
           whosoever
           were
           the
           Issuers
           of
           them
           ;
           and
           through
           the
           Members
           being
           chosen
           in
           the
           Virtue
           and
           Persuance
           of
           those
           Writs
           ;
           and
           through
           their
           coming
           together
           entrusted
           by
           the
           Electors
           to
           confer
           with
           the
           King
           about
           the
           
             quadam
             ardua
             Regni
          
           ;
           such
           a
           Parliament
           upon
           the
           Death
           of
           the
           King
           ,
           in
           whose
           Name
           and
           Time
           it
           was
           chosen
           ,
           could
           not
           escape
           the
           being
           dissolved
           :
           So
           that
           nothing
           can
           be
           more
           alien
           to
           the
           Matter
           under
           debate
           ,
           as
           well
           as
           weak
           in
           it self
           ,
           then
           to
           pretend
           because
           the
           Prince
           of
           Orange
           is
           yet
           Living
           ,
           in
           whom
           the
           Exercise
           of
           the
           Government
           was
           at
           the
           time
           of
           the
           issuing
           forth
           of
           those
           Writs
           by
           which
           this
           Parliament
           was
           called
           ,
           that
           therefore
           the
           Parliament
           it self
           remains
           still
           in
           Being
           ,
           and
           is
           in
           Law
           indissolved
           :
           Seeing
           in
           this
           Case
           it
           is
           not
           in
           whom
           the
           Right
           and
           Power
           resided
           ,
           to
           put
           forth
           ,
           exercise
           ,
           and
           apply
           the
           Sovereignty
           ,
           that
           the
           Duration
           ,
           Continuance
           ,
           
           and
           Existence
           of
           a
           Parliament
           does
           bear
           and
           depend
           ;
           but
           in
           whom
           the
           full
           and
           entire
           Sovereignty
           and
           Regal
           Dignity
           was
           then
           vested
           and
           settled
           preclusive
           of
           all
           others
           .
           And
           I
           am
           sure
           that
           no
           Man
           ,
           who
           stands
           not
           a
           Candidate
           for
           a
           Preferment
           in
           Bedlam
           ,
           will
           say
           ,
           That
           the
           whole
           and
           full
           Sovereignty
           was
           then
           in
           William
           ,
           to
           the
           barring
           and
           excluding
           of
           Mary
           .
           But
           to
           add
           a
           third
           Answer
           to
           the
           foregoing
           Objection
           :
           I
           do
           say
           ,
           That
           the
           very
           placing
           of
           the
           Exercise
           of
           the
           Royal
           Power
           in
           the
           Prince
           of
           Orange
           ,
           in
           the
           manner
           it
           was
           done
           by
           the
           Convention
           ,
           and
           as
           it
           stands
           expressed
           in
           the
           Act
           of
           Settlement
           ,
           and
           is
           confirmed
           by
           this
           Parliament
           ,
           does
           beyond
           all
           contradiction
           prove
           that
           this
           Parliament
           was
           ,
           is
           ,
           and
           became
           dissolved
           by
           the
           Death
           of
           the
           late
           Princess
           of
           Orange
           .
           For
           whereas
           the
           Exercise
           of
           the
           Regal
           Power
           did
           not
           become
           limitted
           ,
           and
           confined
           unto
           ,
           nor
           settled
           solely
           and
           fully
           in
           the
           Prince
           of
           Orange
           ,
           through
           his
           being
           vested
           in
           the
           Sovereignty
           ;
           because
           on
           that
           Foot
           ,
           Foundation
           and
           Bottom
           ,
           the
           whole
           Exercise
           and
           Administration
           of
           the
           executive
           Part
           of
           the
           Government
           would
           have
           been
           no
           less
           in
           Mary
           than
           it
           was
           in
           William
           :
           Seeing
           the
           Sovereignty
           ,
           Crown
           ,
           and
           Royal
           Dignity
           ,
           being
           incorporated
           Joyntly
           in
           both
           as
           one
           political
           Ruler
           ,
           it
           was
           as
           much
           in
           her
           as
           it
           was
           in
           him
           ,
           and
           whatsoever
           resulted
           from
           it
           to
           the
           one
           ,
           should
           have
           accrued
           from
           it
           to
           the
           other
           .
           But
           he
           came
           to
           be
           possessed
           of
           the
           Exercise
           of
           the
           Royal
           Power
           by
           a
           superadded
           Gift
           ,
           that
           w●s
           different
           and
           contradistinct
           from
           that
           by
           which
           he
           stood
           vested
           in
           ,
           and
           came
           to
           inherit
           the
           Crown
           .
           So
           that
           from
           hence
           we
           are
           furnished
           with
           a
           clear
           and
           c●nvincing
           Argument
           why
           this
           Parliament
           was
           in
           Law
           dissolved
           upon
           the
           Death
           of
           the
           late
           Princess
           ;
           namely
           ,
           That
           the
           only
           personal
           Right
           which
           he
           then
           had
           to
           the
           Administration
           ,
           accrued
           to
           him
           by
           a
           Deputation
           ,
           and
           was
           conveyed
           to
           him
           in
           the
           way
           ,
           manner
           ,
           and
           nature
           of
           a
           Warrant
           of
           Attorney
           ;
           which
           being
           expired
           and
           determined
           by
           the
           Death
           of
           the
           aforesaid
           Princess
           ,
           all
           that
           Virtue
           is
           by
           consequence
           departed
           from
           the
           Writs
           by
           which
           this
           Parliament
           was
           both
           brought
           into
           and
           kept
           in
           Existence
           .
           For
           I
           do
           suppose
           that
           though
           the
           Convention
           thought
           it
           safe
           as
           well
           as
           feasable
           to
           settle
           the
           Crown
           and
           Royal
           Dignity
           in
           William
           and
           Mary
           Joyntly
           ,
           yet
           they
           could
           not
           be
           unsensible
           of
           what
           danger
           it
           would
           have
           been
           to
           place
           the
           Exercise
           of
           the
           Regal
           Power
           in
           more
           than
           one
           Person
           ;
           because
           the
           Administration
           of
           the
           Government
           would
           not
           only
           have
           thereby
           been
           embarrassed
           ,
           but
           indeed
           might
           have
           been
           rendered
           impracticable
           ,
           through
           the
           Differences
           which
           might
           
           have
           arisen
           in
           and
           about
           the
           Exercise
           of
           the
           executive
           Power
           ,
           should
           two
           Persons
           have
           been
           equally
           vested
           in
           it
           .
           And
           as
           
           Mary's
           Title
           in
           Tayle
           to
           the
           Crown
           ,
           on
           the
           Hypotheses
           and
           Principles
           upon
           which
           the
           Conventionists
           went
           ,
           would
           not
           allow
           them
           to
           barr
           her
           from
           the
           Sovereignty
           ;
           so
           the
           Pride
           and
           Haughtiness
           of
           William
           would
           never
           have
           suffered
           him
           to
           submit
           to
           the
           Princess
           being
           vested
           with
           the
           sole
           and
           full
           Exercise
           of
           the
           Regal
           Power
           ,
           nor
           would
           have
           given
           him
           the
           Advantage
           he
           has
           had
           of
           impoverishing
           us
           ,
           and
           of
           enriching
           the
           Dutch.
           And
           the
           weak
           unthinking
           People
           of
           England
           ,
           who
           truly
           loved
           and
           esteemed
           the
           Princess
           ,
           thought
           themselves
           happy
           ,
           and
           her
           as
           great
           as
           they
           could
           make
           her
           ,
           in
           the
           having
           her
           called
           their
           Liege
           Lady
           ,
           Sovereign
           and
           Queen
           ;
           but
           they
           had
           not
           wit
           enough
           to
           consider
           ,
           That
           all
           this
           was
           but
           Pageantry
           ,
           and
           she
           in
           the
           mean
           time
           a
           Queen
           of
           Clouts
           ,
           while
           the
           executive
           Power
           was
           lodged
           solely
           in
           him
           ,
           and
           which
           he
           put
           forth
           imperiously
           enough
           towards
           her
           ,
           as
           well
           as
           arbitrarily
           towards
           the
           People
           ,
           And
           let
           me
           add
           ,
           That
           by
           and
           since
           the
           Death
           of
           the
           
             late
             Princess
             ,
             William
          
           has
           the
           Exercise
           of
           the
           Royal
           Power
           by
           another
           Claim
           and
           Title
           than
           he
           had
           it
           before
           .
           For
           whereas
           before
           and
           antecedently
           to
           the
           Death
           of
           the
           Princess
           ,
           he
           had
           no
           otherwise
           the
           sole
           Right
           to
           it
           ,
           than
           by
           a
           Donation
           contradistinct
           from
           that
           by
           which
           he
           had
           the
           Crown
           ,
           and
           Regal
           Dignity
           ;
           he
           now
           possesseth
           it
           as
           the
           natural
           and
           immediate
           Privilege
           ,
           Prerogative
           and
           Right
           ,
           accruing
           and
           resulting
           from
           his
           Sovereignty
           and
           Royal
           Dignity
           .
           So
           that
           by
           the
           Extinction
           of
           that
           executive
           Power
           ,
           or
           if
           you
           please
           through
           the
           Cessation
           of
           that
           Title
           and
           Claim
           ,
           by
           which
           he
           forme●ly
           possessed
           the
           executive
           Power
           ;
           this
           Parliament
           which
           received
           its
           Being
           by
           an
           Exertion
           of
           his
           executive
           Power
           on
           the
           foot
           which
           he
           then
           had
           it
           ,
           and
           which
           neither
           did
           nor
           could
           in
           Law
           subsist
           a
           Moment
           ,
           but
           in
           the
           Virtue
           of
           that
           Power
           as
           he
           was
           then
           vested
           in
           ,
           and
           exercised
           it
           ,
           must
           have
           also
           ceased
           and
           died
           with
           it
           .
           For
           having
           then
           the
           Exercise
           of
           the
           Regal
           Power
           ,
           preclusive
           of
           the
           Princess
           meerly
           in
           the
           way
           of
           a
           Deputation
           ,
           it
           immediately
           follows
           ,
           That
           upon
           the
           Expiration
           of
           it
           ,
           every
           Thing
           which
           neither
           had
           nor
           could
           receive
           from
           it
           a
           permanency
           of
           Existence
           before
           it
           did
           expire
           ,
           but
           which
           hourly
           subsisted
           by
           and
           upon
           the
           actual
           Influence
           of
           the
           Deputation
           ,
           as
           the
           Being
           and
           Continuance
           of
           this
           Parliament
           did
           ,
           must
           of
           necessity
           have
           ceased
           and
           expired
           with
           and
           upon
           the
           Decay
           and
           Determination
           of
           that
           Deputation
           .
        
         
         
           So
           that
           having
           said
           enough
           in
           answer
           to
           this
           first
           Objection
           ,
           alledged
           in
           opposition
           to
           this
           Parliaments
           being
           dissolved
           by
           the
           Death
           of
           the
           late
           Princess
           ;
           I
           shall
           now
           proceed
           to
           the
           second
           ,
           and
           examine
           it
           with
           all
           the
           speed
           and
           brevity
           I
           can
           .
           The
           Objection
           then
           is
           this
           ;
           namely
           ,
           That
           by
           the
           Death
           of
           the
           late
           Princess
           the
           Sovereignty
           that
           was
           before
           lodged
           in
           William
           and
           Mary
           Joyntly
           ,
           is
           now
           become
           solely
           and
           entirely
           vested
           in
           William
           alone
           ,
           by
           Right
           of
           Survivorship
           ;
           and
           therefore
           that
           through
           his
           being
           possessed
           as
           Survivor
           of
           the
           whole
           Sovereignty
           ,
           that
           at
           first
           gave
           Life
           and
           Efficacy
           to
           those
           Writs
           by
           which
           this
           present
           Parliament
           was
           called
           ,
           they
           consequently
           do
           and
           must
           retain
           the
           same
           Virtue
           ,
           Power
           ,
           and
           Force
           which
           was
           in
           them
           ,
           and
           which
           they
           had
           antecedently
           to
           the
           Death
           of
           Mary
           .
           In
           reply
           to
           which
           ,
           I
           do
           in
           the
           first
           place
           say
           ,
           That
           the
           Prince
           of
           Orange
           instead
           of
           acquiring
           by
           the
           Death
           of
           the
           
             late
             Princess
          
           any
           sole
           ,
           single
           or
           individual
           Interest
           in
           the
           Sovereign
           Power
           ,
           and
           Royal
           Dignity
           ,
           he
           hath
           actually
           lost
           and
           forfeited
           ,
           and
           is
           become
           in
           Law
           deprived
           and
           outed
           of
           what
           he
           had
           .
           For
           admitting
           all
           the
           illegal
           ,
           disloyal
           ,
           and
           treasonable
           Proceedings
           of
           the
           Convention
           ,
           and
           of
           this
           other
           
             Revolutional
             Parliament
             against
             the
             King
             ,
             and
             the
             Prince
             of
          
           Wales
           ,
           
             to
             have
             been
             not
             only
             lawful
             ,
             just
             and
             legal
             ,
             but
             to
             have
             been
             also
             necessary
             and
             expedient
             ,
             upon
             those
             Reasons
             and
             Motives
             laid
             down
             in
             the
             Declaration
             of
             the
             Lords
             Spiritual
             ,
             and
             Temporal
             ,
             and
             Commons
             assembled
             at
          
           Westminster
           ,
           
             and
             by
             them
             presented
             to
          
           William
           and
           Mary
           in
           February
           ,
           1689.
           
           Yet
           both
           that
           Declaration
           ,
           and
           the
           Act
           of
           Settlement
           ,
           are
           now
           in
           Law
           ,
           and
           by
           all
           the
           Fundamental
           Rules
           of
           the
           English
           Government
           and
           Monarchy
           ,
           perfectly
           exstinguished
           ,
           become
           void
           and
           annulled
           .
           For
           admitting
           that
           there
           might
           be
           not
           only
           Reasons
           for
           deposing
           the
           King
           ,
           but
           that
           he
           had
           of
           himself
           abdicated
           the
           Government
           ,
           and
           that
           as
           thereby
           the
           Throne
           was
           become
           vacant
           ,
           so
           that
           there
           was
           thereupon
           a
           Right
           and
           Power
           accruing
           to
           them
           to
           make
           a
           Donation
           of
           the
           Crown
           and
           Regal
           Dignity
           to
           William
           ,
           in
           joynt
           Partnership
           with
           Mary
           ,
           who
           was
           in
           their
           order
           of
           Reckoning
           next
           immediate
           and
           lineal
           Heir
           :
           Yet
           all
           the
           said
           William
           did
           or
           could
           obtain
           hereby
           is
           now
           wholy
           lost
           and
           departed
           from
           him
           ,
           and
           the
           whole
           Sovereignty
           is
           by
           Law
           devolved
           upon
           ,
           and
           become
           vested
           in
           the
           Princess
           of
           Denmark
           ,
           by
           the
           Death
           of
           her
           Sister
           .
           Neither
           could
           those
           two
           Assemblies
           ,
           or
           any
           other
           ,
           by
           what
           Names
           soever
           they
           should
           stile
           themselves
           ,
           barr
           the
           said
           Princess
           of
           Denmark
           from
           her
           lineal
           and
           hereditary
           Right
           ,
           so
           long
           and
           while
           she
           had
           no
           way
           incapacitated
           and
           
           disabled
           her self
           to
           inherit
           ;
           nor
           had
           any
           Causes
           or
           Reasons
           alledged
           or
           produced
           against
           her
           for
           putting
           her
           by
           the
           Ascent
           to
           the
           Throne
           in
           the
           Order
           and
           Rank
           of
           Succession
           ,
           which
           God
           ,
           Nature
           ,
           and
           the
           Laws
           of
           the
           Realm
           ,
           had
           chalked
           out
           ,
           fixed
           and
           determined
           .
           Nor
           could
           the
           Princess
           of
           Denmark
           depart
           from
           ,
           and
           surrender
           her
           Legal
           and
           Rightful
           Place
           and
           Room
           of
           succeeding
           to
           the
           Crown
           ,
           had
           she
           been
           never
           so
           inclinable
           and
           willing
           to
           have
           done
           it
           ;
           seeing
           it
           comes
           to
           her
           by
           the
           Constitution
           ,
           and
           by
           the
           Common
           and
           Statute
           Laws
           ,
           as
           a
           Right
           meerly
           to
           possess
           and
           enjoy
           ,
           but
           not
           to
           transfer
           and
           alienate
           .
           For
           the
           Sovereignty
           and
           Regal
           Dignity
           descend
           not
           upon
           any
           King
           or
           Queen
           as
           an
           Estate
           or
           Property
           ,
           which
           they
           may
           at
           pleasure
           part
           with
           ,
           resign
           ,
           or
           make
           away
           to
           another
           ;
           but
           it
           comes
           to
           them
           as
           a
           Trust
           of
           which
           they
           are
           indeseasably
           Tenants
           for
           Life
           ,
           and
           the
           constituted
           and
           limitted
           Guardians
           for
           their
           next
           lineal
           and
           legal
           Heirs
           or
           Successors
           .
           So
           that
           upon
           the
           Principles
           of
           all
           in
           the
           two
           Revolutional
           Parliaments
           ,
           that
           are
           not
           downright
           Republicans
           ,
           but
           who
           retain
           a
           Love
           and
           Zeal
           for
           Monarchy
           ,
           and
           the
           old
           English
           Constitution
           ,
           all
           that
           accrued
           to
           William
           by
           the
           Death
           of
           the
           late
           Princess
           ,
           is
           that
           he
           is
           now
           become
           a
           Robber
           ,
           an
           Usurper
           over
           ,
           and
           a
           Traitor
           against
           the
           Princess
           of
           Denmark
           ,
           as
           he
           was
           all
           those
           before
           in
           reference
           to
           the
           King
           ;
           and
           that
           under
           the
           highest
           Aggravations
           of
           Ingratitude
           ,
           Treachery
           ,
           and
           Unnaturalness
           ,
           that
           could
           possibly
           attend
           such
           Crimes
           .
           Nor
           is
           he
           upon
           the
           Hypotheses
           of
           most
           who
           promoted
           and
           came
           into
           the
           Revolution
           ,
           any
           other
           ,
           since
           the
           Death
           of
           the
           late
           Princess
           ,
           than
           a
           King
           
             de
             Facto
          
           ,
           which
           being
           interpreted
           into
           English
           is
           no
           less
           nor
           better
           than
           an
           Usurper
           ;
           while
           in
           the
           mean
           time
           ,
           by
           their
           own
           Principles
           ,
           the
           Jus
           and
           Right
           is
           become
           settled
           and
           vested
           in
           the
           Princess
           of
           Denmark
           .
           And
           they
           who
           are
           not
           direct
           Commonwealths
           Men
           ,
           if
           they
           will
           not
           pay
           a
           Loyalty
           ,
           Duty
           ,
           and
           Obedience
           to
           King
           James
           ,
           who
           is
           indeed
           the
           only
           Lawful
           and
           Rightful
           King
           of
           these
           Realms
           ,
           they
           ought
           ,
           if
           they
           have
           any
           Honour
           ,
           Justice
           or
           Conscience
           ,
           to
           yield
           them
           to
           her
           Royal
           Highness
           Princess
           Ann
           Nor
           do
           I
           believe
           any
           Man
           so
           void
           of
           Sense
           ,
           as
           to
           talk
           of
           
           William's
           continuing
           since
           the
           Death
           of
           his
           Wife
           ,
           to
           possess
           the
           Sovereignty
           by
           the
           
             Curtesy
             of
             England
          
           ,
           which
           entitleth
           a
           Husband
           in
           some
           Ceses
           to
           enjoy
           his
           
             Wives
             Estate
          
           for
           his
           Life
           after
           her
           decease
           :
           Seeing
           as
           the
           Crown
           ,
           Throne
           ,
           and
           Sovereignty
           of
           England
           ,
           are
           both
           in
           themselves
           ,
           and
           descend
           to
           those
           that
           inherit
           them
           ,
           as
           a
           Depositum
           and
           Trust
           ,
           for
           the
           Peace
           ,
           Safety
           ,
           and
           Prosperity
           of
           the
           Kingdom
           ,
           and
           not
           as
           an
           Estate
           either
           
           real
           or
           personal
           .
           So
           the
           Preclusion
           of
           King
           Philip
           of
           Spain
           on
           the
           Death
           of
           his
           Wife
           Queen
           Mary
           ,
           from
           all
           Right
           ,
           Claim
           ,
           and
           Pretence
           ,
           to
           the
           Regal
           Dignity
           and
           Crown
           ,
           shews
           the
           Vanity
           and
           Ridioulousness
           of
           such
           a
           Plea
           and
           Allegation
           ,
           should
           any
           have
           the
           Folly
           and
           Impudence
           to
           start
           and
           urge
           them
           in
           Favour
           and
           Justification
           of
           
           William's
           continuing
           to
           Exercise
           the
           Sovereignty
           .
           But
           then
           I
           add
           in
           the
           second
           Place
           ,
           That
           allowing
           not
           only
           that
           William
           is
           Survivor
           to
           the
           late
           Princess
           ,
           which
           these
           Nations
           find
           by
           daily
           and
           woful
           Experience
           to
           be
           too
           true
           ,
           but
           admitting
           also
           that
           through
           his
           Survivorship
           the
           whole
           Regal
           Dignity
           which
           was
           before
           lodged
           with
           him
           ,
           and
           his
           Wife
           joyntly
           ,
           is
           now
           come
           to
           be
           vested
           in
           him
           alone
           ;
           yet
           this
           will
           signify
           nothing
           in
           favour
           of
           the
           present
           Assemblies
           at
           Westminster
           continuing
           to
           be
           a
           legal
           Parliament
           ,
           seeing
           as
           that
           they
           cannot
           pretend
           now
           to
           sit
           by
           any
           other
           Claim
           ,
           Title
           or
           Right
           ,
           than
           that
           by
           which
           they
           were
           at
           first
           called
           ,
           chosen
           ,
           and
           came
           together
           ;
           so
           it
           being
           made
           impossible
           by
           the
           Death
           of
           the
           
             late
             Princess
          
           ,
           in
           whose
           Name
           and
           by
           whose
           Sovereign
           Authority
           they
           were
           elected
           ,
           entrusted
           and
           assembled
           ,
           as
           well
           as
           in
           the
           Name
           and
           by
           the
           Authority
           of
           the
           Prince
           ,
           that
           they
           should
           continue
           to
           sit
           by
           the
           same
           Claim
           and
           Title
           as
           they
           did
           at
           first
           ,
           it
           therefore
           followeth
           ,
           That
           his
           Survivorship
           neither
           doth
           nor
           can
           advantage
           them
           any
           Thing
           in
           this
           Matter
           ,
           because
           it
           can
           neither
           give
           life
           to
           that
           which
           is
           dead
           ,
           nor
           revive
           that
           which
           irrecoverably
           is
           extinguished
           .
           'T
           is
           true
           he
           may
           ,
           as
           Survivor
           ,
           by
           new
           Writs
           give
           being
           to
           another
           Parliament
           ,
           but
           he
           cannot
           preserve
           and
           support
           this
           in
           its
           legal
           Existence
           ,
           by
           reason
           of
           the
           impossibility
           of
           continuing
           that
           in
           those
           Writs
           which
           is
           finally
           and
           irrecoverably
           departed
           from
           them
           ;
           namely
           ,
           the
           actual
           Sovereignty
           of
           the
           
             late
             Princess
          
           .
           And
           according
           both
           to
           all
           our
           Laws
           ,
           and
           all
           the
           Maxims
           of
           Reason
           and
           good
           Sense
           ,
           for
           a
           Parliament
           to
           change
           its
           Claim
           and
           Title
           of
           sitting
           ,
           is
           to
           acknowledge
           some
           where
           or
           other
           a
           Demise
           in
           the
           Sovereigns
           that
           constituted
           it
           .
           Yea
           ,
           the
           very
           mentioning
           the
           Prince
           of
           
           Orange's
           Survivorship
           ,
           is
           an
           Acknowledgment
           both
           that
           there
           was
           once
           a
           Sovereignty
           in
           the
           Person
           of
           Mary
           ;
           and
           that
           this
           Sovereignty
           which
           was
           once
           there
           is
           now
           departed
           thence
           ;
           which
           importing
           the
           whole
           that
           the
           Law
           intends
           by
           a
           Demise
           ,
           the
           Parliament
           that
           then
           was
           (
           if
           we
           will
           either
           speak
           or
           act
           consistently
           with
           Law
           or
           with
           good
           Sense
           )
           must
           thereupon
           be
           held
           ,
           taken
           ,
           and
           acknowledged
           ,
           to
           be
           dissolved
           .
           For
           if
           it
           was
           not
           by
           a
           legal
           Authority
           ,
           solely
           ,
           wholy
           ,
           and
           exclusively
           of
           all
           others
           ,
           Resident
           in
           
           Prince
           of
           Orange
           ,
           that
           they
           met
           ,
           fat
           ,
           and
           acted
           at
           first
           ;
           then
           they
           cannot
           now
           by
           his
           coming
           as
           Survivor
           to
           be
           vested
           in
           the
           whole
           and
           sole
           Regal
           Dignity
           ,
           justify
           their
           remaining
           as
           a
           Parliament
           ;
           nor
           vindicate
           themselves
           from
           being
           Usurpers
           over
           the
           People
           ,
           in
           their
           continuing
           to
           sit
           and
           act
           .
           And
           as
           they
           can
           have
           no
           more
           ,
           nor
           other
           Power
           now
           ,
           nor
           derive
           it
           from
           any
           other
           Persons
           ,
           or
           any
           other
           way
           ,
           than
           they
           had
           and
           derived
           it
           from
           the
           first
           Moment
           of
           their
           being
           elected
           and
           assembled
           together
           ;
           So
           that
           being
           by
           ,
           and
           since
           the
           Death
           of
           the
           
             late
             Princess
          
           ,
           become
           even
           physically
           impossible
           ,
           it
           is
           most
           arbitrary
           and
           illegal
           in
           them
           to
           continue
           to
           sit
           ,
           and
           to
           act
           upon
           that
           Bottom
           ,
           or
           any
           other
           that
           they
           vainly
           fancy
           themselves
           to
           be
           settled
           upon
           .
           For
           it
           being
           in
           the
           Virtue
           ,
           Force
           ,
           and
           Authority
           of
           the
           Writs
           ,
           as
           they
           were
           at
           first
           issued
           out
           ,
           and
           according
           to
           the
           Tenor
           and
           Importance
           of
           the
           Words
           in
           which
           they
           were
           at
           first
           written
           ,
           and
           made
           authentick
           and
           legal
           ,
           that
           this
           Parliament
           came
           into
           Being
           ,
           and
           stood
           authorized
           to
           sit
           and
           act
           ;
           so
           the
           very
           mention
           of
           Survivorship
           in
           Regal
           Power
           makes
           it
           ,
           as
           plain
           and
           certain
           as
           any
           Problem
           in
           Euclid
           is
           ,
           That
           there
           is
           no
           possibility
           of
           either
           answering
           ,
           corresponding
           ,
           or
           complying
           with
           the
           Words
           and
           Tenor
           of
           the
           Writs
           ,
           or
           of
           subsisting
           and
           being
           upheld
           by
           the
           Identical
           Sovereignty
           ,
           that
           infused
           Virtue
           and
           Efficacy
           ,
           and
           stampt
           Power
           and
           Authority
           upon
           them
           ;
           and
           by
           consequence
           it
           immediately
           follows
           ,
           that
           since
           the
           
             Princess
             Death
          
           ,
           this
           neither
           was
           ,
           could
           be
           ,
           nor
           is
           a
           Parliament
           .
        
         
           Having
           therefore
           proved
           this
           Parliament
           to
           be
           in
           Law
           dissolved
           ,
           beyond
           the
           possibility
           as
           well
           as
           suspition
           of
           having
           any
           just
           and
           reasonable
           Answer
           made
           and
           returned
           to
           what
           I
           have
           said
           ;
           I
           cannot
           in
           duty
           to
           my
           Country
           and
           Posterity
           forbear
           adding
           something
           of
           and
           concerning
           the
           Criminalness
           of
           those
           Persons
           in
           both
           Houses
           ,
           who
           since
           the
           Death
           of
           the
           
             late
             Princess
          
           have
           coninued
           to
           sit
           and
           act
           under
           the
           Name
           and
           S●ile
           ,
           and
           with
           the
           pretended
           Power
           and
           Authority
           of
           a
           Parliament
           ,
           and
           to
           imprison
           the
           Persons
           ,
           and
           to
           dispose
           of
           the
           Properties
           of
           the
           Subject
           and
           Free-born
           People
           of
           England
           .
           And
           I
           am
           not
           ignorant
           how
           that
           besides
           the
           Hazards
           I
           shall
           thereby
           expose
           my self
           unto
           ,
           (
           unless
           I
           get
           to
           the
           other
           side
           of
           the
           great
           Ditch
           )
           I
           shall
           likewise
           be
           esteemed
           guilty
           of
           Rudeness
           ,
           as
           well
           as
           of
           ill
           Breeding
           ,
           in
           bestowing
           upon
           them
           the
           Titles
           and
           Appellations
           ,
           and
           in
           treating
           them
           ,
           in
           the
           manner
           that
           they
           deserve
           .
           And
           therefore
           whatsoever
           Names
           of
           Epithets
           I
           may
           unavoidably
           be
           obliged
           to
           dignify
           them
           with
           ,
           as
           they
           claim
           and
           challenge
           
           the
           being
           a
           Parliament
           ,
           and
           thereupon
           usurp
           an
           Authority
           of
           invading
           and
           breaking
           in
           upon
           the
           Liberties
           ,
           and
           of
           alienating
           ,
           transferring
           ,
           and
           giving
           away
           the
           Estates
           of
           the
           People
           ,
           and
           that
           to
           a
           degree
           and
           measure
           unpresidented
           in
           all
           former
           Ages
           ,
           and
           which
           no
           lawful
           Parliament
           ever
           ventured
           upon
           ,
           or
           thought
           consistent
           with
           the
           Duty
           that
           they
           owed
           to
           those
           whom
           they
           represented
           ,
           and
           by
           whom
           they
           were
           entrusted
           to
           act
           for
           their
           Safety
           and
           Advantage
           ,
           and
           not
           for
           their
           Impoverishment
           ,
           Enslavement
           and
           Ruin
           ;
           yet
           neither
           will
           I
           forget
           what
           becomes
           my
           own
           Character
           ,
           nor
           what
           is
           due
           to
           them
           answerable
           to
           their
           several
           and
           respective
           Conditions
           and
           Qualities
           ,
           (
           abstracting
           only
           from
           their
           being
           a
           Parliament
           )
           and
           much
           less
           will
           I
           borrow
           any
           of
           that
           undecent
           ,
           unclean
           ,
           and
           ribaldry
           Language
           to
           give
           them
           ,
           which
           was
           not
           without
           demerit
           thrown
           upon
           the
           Rump
           ,
           when
           the
           lampooning
           of
           it
           was
           for
           a
           great
           while
           made
           the
           Sport
           and
           Divertisement
           of
           the
           Kingdom
           .
           For
           the
           wost
           terms
           I
           will
           allow
           my self
           to
           use
           shall
           be
           to
           call
           a
           
             Spade
             a
             Spade
          
           ,
           and
           to
           fasten
           upon
           them
           the
           Characters
           and
           Titles
           which
           Law
           and
           Reason
           instruct
           and
           authorise
           me
           to
           give
           them
           ,
           and
           which
           our
           
             English
             Dialect
          
           enables
           me
           to
           do
           ;
           and
           which
           I
           am
           sure
           ought
           in
           Justice
           to
           be
           so
           far
           from
           being
           held
           and
           accounted
           Scandalous
           ,
           that
           it
           falls
           below
           being
           piquant
           ,
           and
           keeps
           within
           the
           Limits
           and
           Precincts
           of
           modesty
           .
           The
           first
           Thing
           then
           which
           they
           are
           hereby
           become
           guilty
           of
           ,
           is
           their
           having
           rendered
           the
           continuance
           of
           the
           Session
           of
           all
           Parliaments
           for
           the
           future
           uncertain
           and
           arbitrary
           .
           For
           by
           their
           destroying
           all
           the
           legal
           Security
           we
           have
           of
           defining
           and
           determining
           the
           period
           of
           a
           Parliaments
           ,
           Right
           of
           remaining
           to
           sit
           and
           act
           ,
           they
           have
           done
           what
           they
           can
           to
           make
           the
           Session
           of
           any
           Parliament
           perpetual
           ,
           at
           least
           arbitrary
           ,
           unless
           it
           come
           to
           be
           turned
           out
           of
           the
           House
           by
           Violence
           and
           armed
           Force
           ,
           as
           Oliver
           1653.
           drove
           away
           the
           Rump
           .
           For
           the
           tenor
           of
           the
           Writ
           by
           which
           a
           Parliament
           is
           called
           ,
           being
           all
           the
           legal
           Security
           we
           have
           ,
           both
           for
           the
           Declaration
           of
           the
           use
           and
           end
           it
           is
           called
           for
           ,
           and
           for
           the
           giving
           Power
           ,
           Strength
           ,
           and
           Authority
           for
           its
           whole
           legal
           Existence
           ;
           it
           undeniably
           follows
           ,
           That
           whensoever
           it
           goes
           beyond
           the
           Boundaries
           and
           Confinements
           of
           that
           Writ
           ,
           that
           from
           thence
           forward
           the
           time
           of
           their
           sitting
           is
           made
           arbitrary
           ,
           and
           put
           out
           of
           the
           Power
           of
           the
           Law
           to
           determine
           .
           And
           a
           Parliament
           being
           equally
           if
           not
           more
           dissolved
           by
           a
           Demise
           in
           the
           Sovereign
           ,
           by
           whose
           Regal
           Power
           it
           was
           raised
           ,
           than
           it
           is
           by
           any
           King
           's
           pronouncing
           it
           dissolved
           in
           the
           Virtue
           of
           his
           Sovereign
           executive
           
           Power
           ;
           it
           naturally
           follows
           ,
           That
           this
           Assembly
           may
           not
           only
           as
           well
           ,
           but
           better
           refuse
           to
           dissolve
           upon
           
           William's
           pronouncing
           and
           declaring
           them
           dissolved
           ,
           than
           it
           hath
           withstood
           the
           being
           dissolved
           by
           the
           Death
           and
           Demise
           of
           Mary
           .
           So
           that
           by
           the
           President
           of
           these
           Mens
           continuing
           to
           sit
           ,
           it
           is
           put
           out
           of
           the
           Power
           of
           the
           Prince
           (
           unless
           backed
           by
           force
           )
           as
           well
           as
           out
           of
           the
           Power
           of
           the
           Law
           ,
           to
           dissolve
           a
           Parliament
           .
           And
           it
           is
           but
           for
           
             Five
             hundred
             People
          
           to
           get
           in
           the
           customary
           and
           usual
           way
           into
           St.
           
             Stephen's
             Chapel
          
           ,
           and
           they
           are
           then
           as
           safe
           as
           in
           an
           enchanted
           Castle
           ;
           and
           may
           there
           sit
           ,
           act
           and
           reign
           ,
           as
           long
           as
           they
           please
           ,
           and
           that
           with
           a
           Despoticalness
           becoming
           the
           Grand
           Seigniors
           of
           the
           Republick
           .
           And
           having
           superceded
           the
           Law
           ,
           and
           manumitted
           themselves
           from
           the
           Authority
           of
           it
           ;
           it
           is
           but
           for
           them
           to
           bribe
           the
           Mob
           ,
           or
           wheedle
           the
           soft-headed
           People
           of
           the
           City
           to
           come
           down
           to
           Westminster
           to
           be
           their
           Guard
           ,
           and
           then
           they
           will
           sit
           encircled
           and
           fenced
           against
           the
           military
           Power
           of
           the
           King
           ,
           as
           well
           as
           against
           his
           Sovereign
           ,
           Regal
           ,
           and
           Executive
           Authority
           .
           And
           seeing
           the
           present
           Assembly
           has
           thought
           fit
           to
           continue
           and
           act
           as
           a
           Parliament
           ,
           in
           contempt
           and
           defiance
           of
           the
           Law
           ,
           and
           in
           a
           direct
           transgression
           of
           all
           the
           Limits
           and
           Boundaries
           that
           it
           had
           set
           them
           ,
           and
           have
           put
           themselves
           out
           of
           the
           reach
           and
           power
           of
           coming
           ever
           to
           be
           dissolved
           by
           Law
           ;
           I
           have
           only
           this
           Advice
           to
           give
           them
           ,
           That
           they
           would
           gain
           Capt.
           Tom
           ,
           and
           his
           Legions
           ,
           to
           befriend
           and
           protect
           them
           ,
           and
           then
           the
           great
           Hero
           of
           the
           Age
           will
           find
           it
           more
           hazardous
           ,
           though
           in
           the
           Head
           of
           his
           invincible
           Dutch
           ,
           to
           attack
           them
           ,
           or
           to
           interrupt
           ,
           disturb
           ,
           and
           determine
           their
           sitting
           ,
           than
           ever
           
             Don
             Quixot
          
           found
           it
           to
           combat
           the
           Wind-mills
           .
           But
           waving
           being
           further
           pleasant
           upon
           so
           melancholy
           a
           Theme
           and
           Subject
           as
           this
           is
           ;
           I
           will
           only
           add
           that
           by
           the
           Example
           which
           the
           present
           Juncto
           which
           stiles
           it self
           a
           Parliament
           has
           made
           ,
           for
           all
           those
           that
           shall
           be
           assembled
           hereafter
           ,
           both
           the
           whole
           Constitution
           ,
           and
           all
           the
           Laws
           of
           England
           ,
           that
           relate
           to
           the
           calling
           ,
           regulating
           ,
           and
           determining
           the
           Sittings
           of
           Parliaments
           ,
           are
           plainly
           subverted
           and
           overthrown
           ;
           which
           may
           be
           of
           that
           fatal
           consequence
           to
           Posterity
           ,
           as
           no
           Words
           can
           serve
           fully
           to
           express
           .
           The
           next
           Crime
           therefore
           whereof
           they
           were
           accusable
           for
           continuing
           to
           sit
           and
           act
           as
           a
           Parliament
           ,
           since
           and
           notwithstanding
           the
           Death
           of
           the
           
             late
             Princess
          
           ,
           is
           .
           That
           they
           have
           thereby
           broken
           and
           falsified
           all
           that
           Trust
           which
           was
           placed
           and
           reposed
           in
           them
           by
           their
           Country
           .
           Now
           a
           Trust
           is
           ,
           or
           at
           least
           should
           be
           ,
           one
           of
           the
           most
           sacred
           Things
           of
           the
           
           World
           ;
           because
           not
           only
           much
           of
           all
           the
           Intercourse
           that
           is
           among
           Men
           depends
           upon
           it
           ,
           but
           because
           it
           is
           the
           Bafis
           of
           every
           Society
           ,
           and
           the
           Foundation
           of
           the
           Fabrick
           of
           all
           Governments
           ,
           be
           the
           Kind
           and
           Species
           of
           them
           what
           it
           will.
           And
           by
           how
           much
           the
           Trust
           is
           the
           more
           extensive
           and
           great
           ,
           by
           so
           much
           it
           is
           in
           Justice
           as
           well
           as
           Honour
           to
           be
           the
           more
           punctually
           observed
           and
           persued
           ;
           and
           the
           breach
           of
           a
           Trust
           does
           not
           only
           imply
           and
           include
           Falsehood
           and
           Infidelity
           in
           him
           that
           violateth
           it
           ,
           but
           it
           imports
           and
           involves
           the
           blackest
           Treachery
           towards
           those
           that
           had
           reposed
           their
           Confidence
           in
           them
           .
           Now
           the
           Members
           of
           the
           House
           of
           Commons
           are
           not
           only
           to
           represent
           those
           that
           elect
           them
           ,
           and
           Millions
           more
           ,
           but
           they
           become
           constituted
           and
           formal
           Deputiei
           ,
           with
           whom
           the
           whole
           People
           of
           England
           deposite
           ,
           and
           lodge
           all
           their
           Concerns
           .
           For
           at
           first
           ,
           and
           during
           a
           long
           time
           ,
           all
           the
           Free-men
           of
           England
           had
           a
           Right
           in
           their
           respective
           Shires
           ,
           Cities
           ,
           and
           Burroughs
           ,
           of
           chusing
           those
           that
           were
           to
           represent
           them
           in
           Parliament
           ,
           till
           in
           the
           time
           of
           
             Hen.
             6.
             it
             came
             to
             be
             ordained
             ,
             That
             because
             the
             Election
             of
             Knights
             had
             been
             with
             great
             Outrages
             ,
             and
             excessive
             Number
             of
             People
             ,
             of
             which
             most
             were
             of
             no
             Value
             ,
             and
             yet
             pretended
             a
             Voice
             equivalent
             to
             worthy
             Knights
             and
             Esquires
             ;
             whereby
             many
             Riots
             and
             Manslaughters
             were
             ,
             and
             were
             likely
             to
             be
             ,
             that
             therefore
             from
             thence
             forward
             the
             Knights
             of
             Shires
             should
             be
             chosen
             by
             People
             dwelling
             in
             the
             Counties
             ,
             every
             one
             having
             Lands
             or
             Tenements
             of
          
           40
           s.
           
             Value
             per
             Annum
          
           .
           But
           though
           only
           those
           of
           that
           yearly
           Value
           are
           now
           allowed
           to
           be
           capable
           of
           chusing
           Knights
           of
           Shires
           ,
           yet
           the
           Concerns
           of
           all
           others
           ,
           as
           well
           as
           those
           ,
           are
           put
           into
           their
           hands
           .
           Nor
           are
           they
           the
           small
           and
           trifling
           Concerns
           of
           the
           Kingdom
           ,
           that
           come
           to
           be
           consigned
           unto
           ,
           and
           trusted
           with
           the
           Members
           of
           the
           House
           of
           Commons
           ;
           but
           they
           are
           those
           mighty
           and
           momentuous
           ones
           which
           may
           affect
           their
           Liberties
           and
           Lives
           ,
           as
           they
           always
           will
           and
           do
           their
           Fortunes
           and
           their
           Estates
           .
           Which
           most
           of
           the
           Electors
           in
           England
           in
           all
           likelihood
           do
           little
           think
           of
           ,
           as
           appeareth
           by
           the
           moral
           and
           intellectual
           Qualities
           of
           many
           of
           those
           whom
           they
           elect
           and
           return
           .
           Nor
           do
           most
           of
           those
           that
           chuse
           Members
           to
           Parliament
           act
           so
           much
           under
           the
           Conduct
           ,
           Influence
           and
           Sway
           ,
           of
           their
           own
           true
           Interest
           ,
           as
           upon
           the
           Motives
           either
           of
           Party
           ,
           Faction
           ,
           and
           Bigottry
           ;
           or
           of
           Entertainments
           ,
           Treats
           ,
           and
           petty
           Recompences
           .
           Nevertheless
           ,
           whosoever
           they
           are
           that
           come
           to
           be
           chosen
           ,
           they
           are
           immediately
           constituted
           the
           Trustees
           of
           the
           People
           ,
           and
           accordingly
           have
           their
           Names
           inserted
           in
           Indentures
           annexed
           to
           the
           Writ
           ,
           
           importing
           the
           Power
           given
           unto
           ,
           and
           the
           Trust
           reposed
           in
           them
           by
           the
           Free-holders
           or
           Burgesses
           ,
           persuant
           and
           answerable
           to
           the
           tenor
           of
           the
           Writ
           ,
           which
           both
           gave
           Authority
           for
           making
           the
           Election
           ,
           and
           expressed
           the
           Duty
           and
           Power
           of
           those
           that
           should
           be
           elected
           .
           Now
           ,
           how
           treacherously
           as
           well
           as
           dishonourably
           have
           the
           Members
           of
           this
           Meeting
           ,
           which
           continue
           to
           sit
           and
           act
           as
           a
           Parliament
           ,
           departed
           from
           ,
           and
           openly
           violated
           ,
           all
           that
           Confidence
           and
           Trust
           which
           were
           reposed
           in
           them
           by
           those
           that
           chose
           them
           .
           For
           whereas
           the
           People
           only
           intrusted
           and
           impowered
           them
           to
           represent
           unto
           ,
           and
           to
           do
           with
           William
           and
           Mary
           ,
           and
           meerly
           to
           consent
           to
           such
           Things
           as
           should
           be
           agreed
           upon
           and
           ordained
           in
           the
           Parliament
           of
           William
           and
           Mary
           ,
           and
           to
           no
           other
           ;
           they
           ,
           by
           a
           most
           reproachful
           Breach
           ,
           both
           of
           their
           own
           Faith
           to
           the
           People
           ,
           and
           of
           the
           Trust
           which
           the
           People
           devolved
           upon
           and
           reposed
           in
           them
           ,
           have
           continued
           to
           consent
           with
           William
           alone
           .
           And
           though
           by
           the
           Death
           of
           the
           
             late
             Princess
          
           ,
           all
           the
           Power
           ,
           Authority
           and
           Trust
           ,
           conveyed
           unto
           ,
           and
           lodged
           with
           them
           by
           the
           People
           ,
           did
           fully
           and
           wholy
           cease
           and
           expire
           ;
           yet
           they
           with
           an
           unparalelled
           Infidelity
           go
           on
           to
           sit
           and
           act
           in
           the
           Names
           ,
           and
           as
           the
           Assignees
           ,
           of
           the
           People
           of
           England
           ;
           as
           if
           the
           Authority
           committed
           to
           them
           by
           the
           Assigners
           were
           still
           good
           and
           authentick
           ,
           and
           in
           its
           full
           vigour
           and
           force
           .
           And
           I
           am
           loath
           to
           say
           how
           much
           many
           of
           them
           have
           hereby
           disabled
           and
           incapacitated
           themselves
           from
           being
           trusted
           again
           ,
           or
           what
           Opinion
           the
           thinking
           part
           of
           Mankind
           will
           have
           of
           the
           Free
           holders
           and
           Burgesses
           of
           England
           ;
           if
           after
           they
           have
           been
           so
           grosly
           ,
           and
           in
           a
           matter
           of
           this
           weight
           and
           moment
           ,
           deceived
           by
           these
           Men
           once
           ,
           they
           shall
           be
           so
           ridiculously
           and
           contemptibly
           weak
           ,
           as
           ever
           to
           place
           Confidence
           ,
           Trust
           and
           Power
           ,
           in
           the
           hands
           of
           many
           of
           them
           again
           .
           There
           are
           two
           other
           Crimes
           vastly
           more
           heinous
           than
           those
           I
           have
           mentioned
           ,
           whereof
           they
           are
           become
           notoriously
           and
           scandalously
           Guilty
           ,
           in
           their
           continuing
           to
           sit
           and
           act
           as
           a
           Parliament
           ,
           since
           and
           after
           they
           became
           in
           Law
           dissolved
           by
           the
           Death
           of
           the
           Princess
           of
           Orange
           .
           But
           they
           being
           of
           so
           high
           a
           Nature
           ,
           as
           may
           affect
           their
           Estates
           ,
           Honours
           ,
           Lives
           ,
           and
           their
           Posterity
           ,
           unless
           the
           Nation
           has
           more
           Mercy
           and
           forgiveness
           than
           they
           have
           had
           Wisdom
           ;
           I
           shall
           therefore
           do
           little
           more
           than
           Name
           them
           ,
           least
           should
           I
           proceed
           to
           speak
           of
           them
           in
           a
           Language
           either
           suitable
           to
           the
           Nature
           of
           the
           Offences
           ,
           or
           in
           proportion
           to
           my
           own
           and
           every
           honest
           Man's
           Resentment
           and
           Indignation
           ,
           I
           might
           not
           be
           able
           to
           keep
           within
           the
           Bounds
           of
           temper
           
           and
           moderation
           ,
           and
           those
           Measures
           of
           deference
           to
           them
           as
           they
           are
           Gentlemen
           ,
           which
           I
           will
           always
           confine
           my self
           unto
           .
           The
           Crimes
           I
           mean
           are
           the
           Exercises
           of
           an
           usurped
           Power
           ,
           both
           in
           disposing
           away
           and
           alienating
           the
           Properties
           and
           Estates
           of
           the
           Subjects
           ,
           and
           in
           preparing
           and
           concurring
           unto
           Bills
           ,
           relating
           to
           many
           other
           Things
           as
           well
           as
           Money
           ,
           which
           is
           the
           executing
           the
           whole
           Power
           that
           belongs
           to
           a
           legal
           Parliament
           in
           the
           order
           and
           degree
           which
           appertains
           to
           the
           House
           of
           Commons
           in
           the
           matter
           of
           Legislation
           .
           And
           were
           another
           to
           give
           the
           Character
           of
           those
           Transgressions
           ,
           Robbery
           and
           Treason
           would
           be
           the
           modestest
           terms
           he
           would
           express
           and
           describe
           them
           in
           .
           And
           undoubtedly
           he
           would
           endeavour
           to
           raise
           and
           inhance
           the
           guilt
           of
           them
           ,
           by
           shewing
           how
           this
           Assembly
           doth
           both
           Plunder
           us
           ,
           and
           arbitrarily
           impose
           Laws
           upon
           us
           ,
           by
           virtue
           of
           a
           pretended
           Warrant
           under
           our
           own
           hands
           ;
           whereas
           the
           Indenture
           by
           which
           we
           vested
           them
           with
           a
           Power
           over
           our
           Persons
           and
           Fortunes
           ,
           is
           out
           of
           date
           and
           expired
           ,
           and
           become
           cancelled
           and
           null
           in
           Law
           since
           the
           28th
           .
           of
           December
           last
           .
           But
           so
           much
           lying
           a●
           hand
           with
           every
           Man
           ,
           of
           common
           and
           ordinary
           Sense
           to
           be
           said
           on
           these
           Heads
           ,
           I
           will
           say
           no
           more
           upon
           them
           ;
           but
           will
           only
           add
           ,
           That
           what
           I
           have
           already
           laid
           before
           you
           on
           this
           Subject
           ,
           though
           spoken
           
             de
             Parliamento
             ,
             of
             the
             Parliament
          
           ;
           yet
           it
           is
           not
           intended
           by
           me
           ,
           nor
           ought
           to
           be
           interpreted
           by
           others
           ,
           as
           if
           it
           were
           meant
           
             de
             singulis
             Membris
             Parliamenti
             ,
             of
             every
             Member
             of
             the
             Parliament
             .
          
           For
           I
           do
           both
           believe
           and
           know
           ,
           That
           there
           are
           a
           great
           many
           as
           worthy
           and
           deserving
           Gentlemen
           within
           those
           Walls
           ,
           as
           any
           in
           the
           Kingdom
           are
           ;
           and
           that
           they
           continue
           not
           to
           sit
           there
           from
           the
           Belief
           that
           this
           is
           a
           Parliament
           ,
           but
           that
           they
           may
           prevent
           your
           
             Whartons
             ,
             Montagues
             ,
             Smiths
          
           ,
           &c.
           from
           ruining
           the
           Nation
           ,
           who
           would
           be
           sure
           to
           remain
           to
           sit
           and
           act
           in
           the
           Quality
           of
           a
           Parliament
           ,
           should
           others
           withdraw
           :
           A
           President
           whereof
           we
           had
           heretofore
           in
           that
           Rump
           ,
           which
           continued
           to
           sit
           as
           a
           Parliament
           ,
           after
           they
           had
           drove
           away
           Four
           parts
           of
           Five
           of
           their
           Members
           .
           And
           these
           honourable
           and
           worthy
           Gentlemen
           ,
           whose
           Names
           I
           am
           obliged
           to
           conceal
           ,
           have
           not
           only
           sufficiently
           attoned
           for
           their
           Fault
           ,
           in
           sitting
           and
           acting
           since
           the
           Death
           of
           the
           
             late
             Princess
          
           ,
           but
           they
           have
           merited
           the
           Thanks
           of
           the
           Nation
           by
           their
           opposing
           and
           defeating
           the
           Design
           of
           an
           Universal
           Excise
           ,
           which
           your
           
             Montagues
             ,
             Smiths
          
           ,
           and
           many
           others
           ,
           had
           projected
           and
           resolved
           to
           impose
           upon
           the
           Kingdom
           ;
           which
           could
           they
           have
           effected
           ,
           as
           they
           had
           promised
           the
           Gentleman
           at
           Kensington
           to
           do
           ,
           
           we
           should
           in
           a
           little
           time
           have
           been
           made
           greater
           Slaves
           than
           the
           Turks
           are
           ,
           and
           William
           had
           been
           put
           into
           a
           Condition
           of
           ruling
           as
           despotically
           as
           the
           
             Grand
             Seignior
          
           does
           .
           But
           how
           strangely
           are
           English
           Men
           degenerated
           since
           they
           got
           a
           
             Dutch
             King
          
           ,
           that
           there
           should
           be
           so
           many
           Advocates
           for
           that
           now
           ,
           that
           our
           Subjection
           to
           it
           could
           not
           have
           been
           avoided
           ,
           without
           much
           Art
           ,
           Industry
           and
           Courage
           ,
           in
           a
           few
           generous
           Patriots
           ,
           which
           but
           to
           have
           mentioned
           within
           these
           Walls
           some
           Reigns
           ago
           ,
           would
           have
           drawn
           both
           a
           Punishment
           and
           Disgrace
           upon
           him
           that
           did
           it
           .
           For
           when
           Sir
           
             Dudley
             Carleton
          
           ,
           who
           was
           then
           Secretary
           of
           State
           ,
           did
           but
           once
           Name
           it
           in
           that
           House
           ,
           though
           to
           no
           ill
           Intent
           ,
           he
           was
           not
           only
           called
           to
           the
           Bar
           ,
           but
           hardly
           escaped
           being
           sent
           Prisoner
           to
           the
           Tower.
           But
           since
           Members
           have
           learned
           to
           sell
           their
           Honours
           and
           Consciences
           ,
           as
           well
           as
           their
           Votes
           ,
           and
           thereby
           their
           Country
           ,
           for
           Places
           and
           Pensions
           ;
           let
           no
           man
           marvail
           ,
           That
           what
           was
           heretofore
           the
           Bugbear
           of
           all
           in
           a
           House
           of
           Commons
           ,
           should
           now
           become
           the
           Idol
           of
           too
           many
           there
           .
        
         
           All
           that
           doth
           remain
           to
           be
           represented
           to
           you
           in
           relation
           to
           the
           present
           Subject
           ,
           is
           ,
           in
           what
           Esteem
           and
           Account
           the
           Acts
           of
           this
           pretended
           Parliament
           ought
           to
           be
           with
           the
           People
           .
           And
           suffer
           me
           upon
           this
           Occasion
           to
           tell
           you
           ,
           That
           no
           Man
           alive
           has
           a
           greater
           Respect
           for
           a
           legal
           Parliament
           ,
           called
           by
           the
           Authority
           of
           a
           Rightful
           and
           Lawful
           King
           ,
           and
           answering
           the
           Ends
           for
           which
           they
           were
           originally
           instituted
           ,
           than
           I
           have
           .
           But
           for
           every
           Assembly
           that
           hath
           called
           it self
           a
           Parliament
           ,
           and
           which
           in
           some
           unhappy
           times
           have
           been
           generally
           owned
           as
           such
           ,
           I
           do
           confess
           to
           you
           ,
           that
           I
           have
           not
           the
           same
           Veneration
           .
           For
           when
           I
           do
           read
           how
           many
           Parliaments
           have
           preferred
           Usurpers
           before
           the
           Rightful
           Heirs
           ,
           and
           that
           never
           any
           Person
           invaded
           the
           Throne
           ,
           though
           never
           so
           traiterously
           and
           unjustly
           ,
           but
           that
           he
           always
           found
           a
           Parliament
           to
           recognise
           and
           support
           him
           ;
           I
           cannot
           have
           that
           Esteem
           for
           every
           Convocation
           of
           Men
           that
           goes
           by
           that
           honourable
           Name
           ,
           as
           some
           have
           ;
           who
           will
           Worship
           the
           Tree
           on
           which
           their
           Father
           was
           hanged
           ,
           if
           it
           be
           put
           shaped
           into
           the
           Image
           and
           get
           the
           Title
           of
           a
           
             Madona
             .
             Richard
          
           the
           Third
           ,
           and
           
             Oliver
             Cromwel
          
           ,
           had
           Parliaments
           ,
           who
           as
           much
           adored
           them
           ,
           and
           as
           readily
           gave
           Subsidies
           and
           Taxes
           for
           answering
           the
           Occasions
           of
           these
           Usurpers
           ,
           as
           ever
           Queen
           Elizabeth
           ,
           or
           Edward
           the
           Sixth
           had
           .
           Nor
           can
           I
           so
           far
           conquer
           my
           Understanding
           ,
           or
           get
           the
           Victory
           over
           my
           Conscience
           ,
           as
           to
           have
           a
           reverend
           Opinion
           of
           those
           Parliaments
           
           in
           Henry
           the
           Eighth's
           time
           :
           Whereof
           one
           enacted
           ,
           
             That
             Proclainations
             should
             be
             equivalent
             to
             Laws
          
           ;
           and
           another
           ordained
           ,
           
             That
             he
             might
             by
             his
             last
             Will
             and
             Testament
             appoint
             whom
             he
             pleased
             to
             be
             his
             Successor
             .
          
           How
           many
           Parliaments
           might
           be
           named
           that
           have
           been
           the
           Tools
           of
           a
           haughty
           ,
           Prince's
           Tyranny
           ,
           and
           the
           Panders
           of
           a
           lascivious
           King's
           Lusts
           ;
           who
           have
           been
           of
           a
           Complexion
           to
           worship
           the
           Devil
           ,
           that
           he
           might
           do
           them
           no
           hurt
           ,
           with
           the
           same
           readiness
           that
           they
           do
           God
           Almighty
           ,
           who
           bestowed
           upon
           them
           all
           that
           is
           good
           .
           Nor
           am
           I
           willing
           to
           omit
           mentioning
           ,
           how
           those
           few
           Men
           whom
           
             Oliver
             Cromwel
          
           called
           together
           by
           his
           private
           Letters
           ,
           without
           any
           previous
           Choice
           of
           them
           by
           the
           Nation
           ,
           had
           not
           only
           the
           Impudence
           to
           call
           themselves
           a
           Parliament
           ;
           but
           that
           even
           a
           great
           many
           People
           who
           laid
           claim
           to
           more
           of
           Religion
           than
           they
           had
           right
           to
           do
           to
           good
           Sense
           ,
           were
           ready
           to
           fall
           down
           ,
           and
           worship
           them
           as
           such
           .
           And
           permit
           me
           here
           to
           tell
           you
           one
           Thing
           in
           reference
           to
           that
           Assembly
           which
           hath
           been
           commonly
           stiled
           
           Oliver's
           
             little
             Parliament
          
           ;
           which
           though
           it
           may
           seem
           a
           Digression
           from
           the
           present
           Subject
           ,
           yet
           it
           will
           not
           be
           unseasonable
           for
           me
           to
           relate
           ,
           nor
           unfit
           for
           you
           to
           know
           :
           Namely
           ,
           That
           whereas
           Oliver
           pretended
           to
           call
           them
           together
           towards
           settling
           the
           Nation
           upon
           the
           Motive
           and
           Merit
           of
           their
           Piety
           ;
           yet
           the
           true
           Reason
           of
           it
           was
           ,
           the
           Jealousy
           he
           had
           least
           they
           should
           supplant
           him
           in
           the
           Power
           he
           had
           assumed
           ,
           which
           they
           stood
           the
           better
           qualified
           for
           effecting
           ,
           by
           means
           both
           of
           the
           Reputation
           they
           had
           among
           the
           Partizans
           against
           Kingship
           ,
           and
           of
           the
           Interest
           they
           had
           in
           many
           of
           his
           own
           Army
           .
           And
           therefore
           Oliver
           knowing
           the
           Temper
           and
           Bigottry
           of
           the
           Men
           ,
           and
           that
           if
           they
           came
           together
           and
           were
           allowed
           to
           meddle
           with
           Affairs
           of
           State
           ,
           and
           the
           general
           Concerns
           of
           the
           Kingdom
           ;
           how
           they
           would
           by
           their
           wild
           and
           extravagant
           Proceedings
           ,
           not
           only
           lose
           all
           the
           Esteem
           they
           had
           acquired
           in
           their
           private
           Stations
           ,
           but
           render
           themselves
           the
           Scorn
           and
           Contempt
           of
           Mankind
           ,
           and
           thereby
           lose
           all
           Capacity
           of
           undermining
           him
           in
           his
           Seat
           ,
           or
           of
           doing
           him
           afterwards
           any
           hurt
           ;
           upon
           these
           Motives
           he
           called
           them
           together
           ,
           and
           upon
           no
           other
           ,
           whatsoever
           he
           pretended
           .
           All
           which
           not
           only
           came
           to
           pass
           as
           he
           had
           projected
           and
           foresaw
           ,
           but
           even
           while
           they
           were
           together
           ,
           they
           were
           through
           the
           Folly
           and
           Frantickness
           of
           their
           Actions
           ,
           the
           Derision
           of
           the
           few
           wise
           Men
           that
           were
           among
           themselves
           .
           Of
           which
           I
           shall
           recount
           one
           pleasant
           Instance
           ;
           viz.
           That
           being
           endeavouring
           with
           great
           Zeal
           and
           Earnestness
           to
           engross
           
           and
           monopolize
           all
           Power
           and
           Places
           into
           their
           own
           hands
           ,
           and
           into
           the
           hands
           of
           those
           they
           stiled
           Saints
           ,
           in
           that
           such
           only
           had
           right
           to
           govern
           the
           Earth
           ,
           all
           Dominion
           being
           founded
           in
           Grace
           ;
           they
           were
           baffled
           and
           bantered
           out
           of
           their
           Design
           by
           a
           cunning
           Man's
           standing
           up
           in
           the
           House
           ,
           and
           telling
           them
           that
           it
           was
           true
           ,
           the
           Saints
           deserved
           all
           Things
           ,
           but
           that
           publick
           Employment
           was
           so
           great
           a
           Drudgery
           in
           it self
           ,
           and
           so
           strong
           a
           temptation
           to
           Sin
           ,
           that
           it
           would
           be
           unjust
           to
           condemn
           the
           Godly
           to
           it
           ;
           and
           that
           the
           best
           Service
           they
           could
           do
           for
           the
           Common-wealth
           ,
           was
           in
           a
           pious
           Retirement
           to
           intercede
           for
           it
           at
           the
           Throne
           of
           Grace
           .
           But
           to
           return
           to
           what
           I
           am
           upon
           ;
           no
           Man
           that
           is
           not
           a
           perfect
           Stranger
           to
           England
           can
           be
           ignorant
           of
           the
           three
           Essential
           Properties
           belonging
           to
           a
           Parliament
           ,
           namely
           ,
           
             Fairness
             of
             Elections
             ,
             Fulness
             of
             Members
             ,
             and
             Freedom
             of
             Speech
          
           ;
           and
           that
           several
           Parliaments
           have
           laboured
           under
           Deficiencies
           of
           one
           or
           another
           of
           them
           .
           And
           there
           are
           Instances
           where
           one
           Parliament
           hath
           declared
           a
           former
           Parliament
           void
           and
           null
           in
           it self
           ;
           because
           of
           some
           Irregularity
           either
           in
           their
           being
           chosen
           ,
           or
           in
           their
           fitting
           ,
           though
           called
           by
           a
           Lawful
           and
           Rightful
           Prince
           .
           Thus
           the
           Parliament
           of
           the
           first
           of
           Hen.
           4.
           declared
           that
           of
           the
           21.
           
           Rich.
           2.
           to
           have
           been
           a
           void
           Parliament
           ,
           Roll.
           21.
           22.
           
           Nay
           ,
           Sir
           
             Edward
             Cook
          
           ,
           whom
           all
           must
           acknowledge
           to
           have
           been
           a
           Champion
           for
           Parliaments
           ,
           especially
           for
           a
           House
           of
           Commons
           ,
           yet
           he
           declareth
           that
           Parliaments
           have
           been
           often
           utterly
           misled
           and
           deceived
           ,
           and
           that
           in
           Cases
           of
           the
           greatest
           moment
           .
           And
           had
           we
           not
           overthrown
           the
           legal
           Existence
           of
           the
           present
           pretended
           Parliament
           upon
           other
           Reasons
           and
           Grounds
           than
           those
           of
           Illegalities
           in
           the
           manner
           of
           Election
           of
           Members
           ,
           and
           in
           their
           Actings
           when
           assembled
           ,
           we
           might
           also
           upon
           those
           Motives
           strangely
           shake
           the
           legal
           Being
           of
           it
           .
           And
           to
           name
           but
           one
           which
           lately
           fell
           out
           since
           the
           Death
           of
           the
           
             late
             Princess
          
           in
           this
           Assembly
           ,
           which
           persevereth
           to
           call
           it self
           by
           that
           Name
           ;
           namely
           ,
           That
           when
           a
           Question
           was
           started
           by
           the
           
             Earl
             of
             Nottingham
          
           in
           the
           House
           of
           Lords
           ,
           whether
           since
           the
           Demise
           of
           Mary
           this
           was
           a
           Parliament
           ,
           or
           not
           ?
           How
           it
           was
           replied
           by
           the
           Earl
           of
           P.
           That
           it
           was
           not
           a
           Question
           fit
           to
           be
           mentioned
           ,
           and
           less
           fit
           to
           be
           debated
           .
           Which
           besides
           it
           importing
           in
           it
           a
           debarring
           a
           Liberty
           of
           Speech
           ,
           without
           which
           a
           Parliament
           cannot
           be
           a
           legal
           Parliament
           ,
           because
           not
           a
           free
           Parliament
           :
           It
           likewise
           imported
           in
           it
           ,
           That
           though
           this
           Parliament
           was
           in
           Law
           dissolved
           ,
           yet
           it
           must
           still
           sit
           ,
           and
           no
           Man
           be
           allowed
           to
           question
           
           the
           Lawfulness
           of
           its
           doing
           so
           ,
           because
           of
           Reasons
           of
           State.
           And
           so
           the
           whole
           Constitution
           ,
           and
           all
           the
           Laws
           of
           England
           ,
           must
           be
           sacrificed
           to
           the
           Lunatick
           and
           Disloyal
           Bigottry
           of
           keeping
           King
           James
           out
           of
           his
           Dominions
           ,
           and
           from
           reascending
           his
           Throne
           .
           For
           that
           is
           the
           whole
           Paraphrase
           of
           the
           Text
           ,
           of
           the
           Necessity
           of
           its
           continuing
           to
           sit
           in
           order
           to
           raise
           Money
           for
           carrying
           on
           a
           vigorous
           War
           against
           France
           .
           But
           it
           being
           dissolved
           by
           the
           Death
           of
           the
           
             late
             Princess
          
           ,
           before
           any
           Bills
           had
           passed
           for
           the
           granting
           of
           Money
           ,
           it
           will
           argue
           great
           Sottishness
           as
           well
           as
           Tameness
           in
           the
           People
           of
           England
           ,
           if
           this
           Government
           be
           not
           disappointed
           in
           that
           end
           of
           their
           keeping
           it
           on
           foot
           .
           For
           those
           Papers
           which
           are
           published
           under
           the
           Stile
           of
           Acts
           ,
           do
           oblige
           no
           Man
           in
           duty
           to
           pay
           ,
           nor
           can
           they
           authorise
           any
           Officer
           in
           case
           of
           Refusal
           to
           distrein
           .
           They
           in
           St.
           
           Stephen's
           Chapel
           have
           no
           more
           legal
           Power
           to
           dispose
           of
           the
           Property
           of
           the
           Subjects
           ,
           than
           the
           Committee
           of
           Officers
           have
           who
           sit
           in
           the
           Guard-house
           by
           Whitehall
           .
           And
           all
           those
           Acts
           of
           Assesments
           which
           they
           have
           emitted
           ,
           are
           but
           so
           many
           Denunciations
           of
           War
           against
           the
           People
           ,
           and
           proclaiming
           them
           obnoxious
           to
           arbitrary
           Executions
           upon
           their
           Estates
           ,
           real
           and
           personal
           .
           Such
           who
           are
           so
           pusillanimous
           as
           to
           chuse
           to
           be
           robbed
           may
           submit
           to
           it
           ;
           but
           as
           no
           Warrants
           can
           legitimate
           the
           doing
           of
           it
           ;
           so
           all
           Men
           who
           have
           Courage
           to
           resist
           ,
           they
           have
           the
           Authority
           of
           all
           the
           Laws
           of
           England
           for
           the
           doing
           of
           it
           .
           And
           as
           they
           have
           no
           Right
           of
           sitting
           as
           a
           legal
           Court
           ,
           so
           they
           cannot
           be
           said
           to
           take
           away
           Mens
           Goods
           by
           any
           better
           Name
           than
           that
           of
           a
           Company
           of
           Banditi
           ;
           nor
           do
           People
           use
           to
           be
           so
           silly
           as
           to
           part
           with
           any
           Thing
           to
           such
           ,
           but
           when
           they
           are
           too
           strong
           to
           be
           withstood
           .
           And
           I
           think
           it
           was
           never
           yet
           known
           ,
           That
           
             Five
             hundred
          
           were
           powerful
           enough
           to
           rob
           and
           plunder
           above
           
             Five
             millions
          
           of
           Persons
           .
           What
           a
           Noise
           a
           few
           Years
           ago
           did
           the
           Erection
           of
           a
           Court
           of
           Commissioners
           for
           Ecclesiastical
           Causes
           beget
           in
           the
           Nation
           ,
           and
           how
           strenuously
           was
           it
           improved
           for
           the
           driving
           the
           King
           from
           his
           Throne
           and
           Kingdom
           ?
           And
           do
           we
           now
           sit
           silent
           under
           a
           Company
           of
           Men
           erecting
           themselves
           into
           a
           Court
           of
           Legislation
           ,
           to
           vote
           away
           near
           the
           Moiety
           of
           every
           Man's
           Estate
           ,
           whether
           he
           be
           Laick
           or
           Ecclestastick
           .
           Shall
           we
           ,
           who
           were
           so
           busy
           scandalously
           to
           Censure
           ,
           and
           traiterously
           to
           endeavour
           to
           redress
           the
           few
           and
           little
           Miscarriages
           of
           our
           ancient
           and
           legal
           Government
           ,
           suffer
           with
           a
           sottish
           Tameness
           those
           far
           more
           ,
           and
           vastly
           greater
           ,
           of
           an
           usurped
           ,
           unlawful
           ,
           and
           tyrannous
           one
           ?
           This
           hath
           not
           been
           
           the
           Practice
           of
           any
           People
           or
           Age
           ,
           till
           of
           ours
           ,
           and
           of
           us
           .
           That
           of
           Tacitus
           being
           at
           all
           times
           heretofore
           an
           infallible
           Maxim
           ,
           namely
           ,
           That
           
             Novae
             aulae
             mala
             ,
             aeque
             gravia
             sed
             non
             aeque
             excusata
          
           ;
           a
           new
           Government
           doth
           not
           offend
           with
           that
           Connivance
           and
           Safety
           that
           an
           ancient
           might
           :
           And
           it
           is
           now
           as
           much
           become
           our
           Interest
           to
           call
           home
           the
           King
           to
           relieve
           us
           ,
           as
           it
           is
           our
           Duty
           to
           restore
           him
           to
           his
           Right
           .
           And
           as
           it
           was
           at
           no
           time
           unlawful
           to
           fly
           to
           force
           for
           rescuing
           our selves
           from
           the
           Power
           of
           an
           Usurper
           ;
           so
           it
           is
           now
           become
           necessary
           ,
           when
           
             meliorem
             in
             bello
             causam
             ,
             quam
             in
             pace
             habemus
             ;
             Our
             Condition
             will
             be
             better
             in
             a
             War
             ,
             than
             it
             is
             in
             Peace
             ,
          
           as
           Tacitus
           expresseth
           it
           .
           And
           the
           Establishment
           of
           this
           Man
           into
           a
           King
           being
           done
           by
           an
           usurpation
           of
           Power
           ,
           which
           all
           the
           Laws
           of
           England
           precluded
           the
           Conventionists
           from
           ;
           that
           common
           Saying
           obtains
           ,
           That
           
             de
             facto
             factum
             potest
             de
             facto
             tolli
             ;
             What
             hath
             its
             Existence
             meerly
             by
             Fact
             ,
             may
             by
             Fact
             be
             lawfully
             overthrown
             .
          
           And
           as
           we
           may
           be
           sure
           ,
           That
           the
           Prince
           of
           Orange
           who
           hath
           so
           abominably
           cheated
           and
           wronged
           us
           already
           ,
           cannot
           but
           detest
           and
           hate
           us
           for
           the
           future
           ;
           that
           of
           the
           same
           Author
           being
           unchangeably
           true
           ,
           
             viz.
             Proprium
             humani
             ingenii
             est
             ,
             odisse
             quem
             laseris
             ;
             It
             is
             the
             Nature
             of
             Man
             to
             hate
             those
             whom
             he
             hath
             injured
             .
          
           I
           will
           therefore
           bespeak
           my
           Country-men
           as
           Boadicea
           did
           the
           Ancient
           Brittains
           ,
           If
           they
           will
           not
           resolve
           ,
           
             cadere
             aut
             vincere
             ,
             either
             to
             perish
             ,
             or
             to
             vindicate
             their
             Liberties
          
           ;
           that
           then
           ,
           
             viverent
             &
             servirent
             ,
             let
             them
             chuse
             to
             Live
             and
             be
             Slaves
             .
          
           Only
           let
           me
           add
           for
           their
           Encouragement
           to
           assert
           their
           Laws
           and
           Rights
           ,
           That
           the
           Prince
           of
           
           Orange's
           Affairs
           in
           England
           do
           
             magis
             fama
             quam
             vi
             stare
          
           ,
           are
           upheld
           rather
           by
           that
           Opinion
           which
           Men
           conceived
           of
           him
           ,
           before
           they
           had
           an
           Opportunity
           to
           know
           him
           ,
           than
           by
           any
           Power
           ,
           Strength
           ,
           Interest
           ,
           or
           new
           Reputation
           he
           has
           to
           support
           himself
           or
           them
           .
           Nay
           I
           will
           say
           ,
           That
           he
           is
           sunk
           into
           that
           Contempt
           as
           well
           as
           Impotency
           ,
           that
           all
           the
           Power
           he
           hath
           left
           is
           only
           to
           do
           hurt
           ,
           but
           that
           he
           hath
           neither
           Power
           nor
           Authority
           to
           do
           good
           ,
           or
           to
           hinder
           evil
           :
           So
           that
           what
           Tacitus
           says
           of
           Otho
           is
           verified
           of
           
             William
             ;
             Othoni
             nondum
             auctoritas
             inerat
             ad
             prohibendum
             scelus
             ,
             jubere
             poterat
          
           ;
           That
           he
           may
           encourage
           and
           command
           Mischief
           ,
           but
           he
           is
           in
           no
           Capacity
           to
           discountenance
           and
           prevent
           it
           .
           The
           very
           Mob
           ,
           whom
           by
           fictitious
           Lyes
           and
           Falshoods
           ,
           of
           a
           few
           Irish
           being
           every
           where
           burning
           Houses
           and
           cutting
           Throats
           ,
           he
           decoyed
           and
           enflamed
           into
           an
           insolent
           and
           brutal
           Rage
           against
           their
           Rightful
           King
           ,
           and
           who
           became
           the
           Ladder
           unto
           ,
           and
           the
           great
           Pillars
           of
           his
           Throne
           ;
           
           having
           now
           understood
           how
           they
           were
           cheated
           in
           that
           ,
           and
           in
           all
           Things
           else
           ,
           they
           have
           not
           only
           forsook
           ,
           but
           are
           justly
           enraged
           against
           him
           .
           Nor
           are
           they
           only
           ready
           to
           do
           the
           same
           towards
           him
           that
           they
           did
           towards
           the
           King
           ,
           but
           they
           are
           fully
           prepared
           to
           treat
           him
           as
           the
           Rabble
           did
           Vitellius
           ,
           of
           whom
           Tacitus
           says
           ,
           
             Vulgus
             eadem
             pravitate
             ,
             insectabatur
             mortuum
             ,
             qua
             foveret
             viventem
          
           ;
           they
           are
           as
           forward
           to
           curse
           and
           tear
           him
           in
           Pieces
           ,
           as
           they
           were
           formerly
           to
           huzza
           and
           idolize
           him
           .
           Yea
           ,
           even
           such
           as
           do
           most
           flatter
           him
           ,
           do
           it
           only
           in
           order
           to
           deceive
           and
           ruin
           him
           ;
           for
           they
           do
           reckon
           by
           what
           they
           have
           robbed
           and
           plundered
           the
           Nation
           of
           under
           him
           ,
           they
           shall
           be
           able
           both
           to
           purchase
           their
           Pardons
           ,
           and
           to
           live
           plentifully
           upon
           the
           next
           Revolution
           :
           Nor
           are
           most
           of
           the
           Addresses
           with
           which
           our
           Gazettes
           are
           Weekly
           stufft
           ,
           to
           be
           otherwise
           accounted
           of
           ,
           then
           as
           the
           Arts
           and
           Tricks
           of
           Knaves
           ,
           to
           banter
           and
           deceive
           Fools
           .
           And
           they
           do
           only
           act
           that
           over
           again
           upon
           the
           Prince
           of
           Orange
           ,
           which
           was
           long
           ago
           practised
           upon
           
             Manlius
             Valence
          
           ;
           of
           whom
           Tacitus
           says
           ,
           
             Quo
             incautius
             deciperetur
             ,
             palam
             laudatus
          
           ;
           they
           court
           him
           to
           his
           Face
           ,
           that
           they
           may
           the
           better
           cut
           his
           Throat
           behind
           his
           Back
           .
           For
           there
           are
           none
           so
           weak
           ,
           or
           unthoughtfull
           ,
           but
           they
           must
           from
           their
           own
           woful
           Experience
           allow
           that
           to
           be
           true
           which
           Mr.
           Pryn
           observeth
           in
           his
           Preface
           to
           Sir
           Robert
           Cotton's
           Records
           ;
           namely
           ,
           
             That
             Kings
             created
             and
             set
             up
             meerly
             by
             Parliaments
             ,
             without
             any
             hereditary
             Title
             ,
             have
             seldom
             answered
             the
             Lords
             and
             Commons
             Expectations
             in
             the
             Preservation
             of
             their
             just
             Liberties
             ,
             and
             answers
             to
             their
             Petitions
             .
          
           But
           if
           People
           want
           bravour
           to
           push
           the
           Defence
           of
           their
           Liberties
           and
           Estates
           thus
           far
           ,
           though
           legally
           they
           may
           ,
           let
           them
           at
           least
           calmly
           ,
           refuse
           to
           pay
           ,
           and
           warn
           the
           Officers
           that
           if
           they
           take
           any
           Thing
           ,
           it
           is
           at
           their
           peril
           :
           And
           I
           shall
           account
           those
           Collectors
           and
           Constables
           both
           very
           unwise
           ,
           and
           very
           bold
           ,
           who
           will
           be
           so
           hardy
           as
           to
           break
           into
           Mens
           Houses
           ,
           and
           to
           make
           destraints
           .
           For
           let
           them
           be
           assured
           ,
           That
           whosoever
           ventureth
           upon
           it
           ,
           will
           ere
           long
           be
           called
           to
           a
           reckoning
           ;
           and
           besides
           other
           Punishments
           they
           will
           be
           brought
           to
           undergo
           ,
           they
           will
           feel
           what
           it
           is
           to
           fall
           under
           Reprizals
           .
           But
           should
           any
           Frantick
           Williamite
           be
           so
           far
           transported
           as
           that
           amounteth
           unto
           ,
           it
           becomes
           every
           true
           English
           Man
           in
           that
           Case
           to
           make
           a
           Replevin
           ;
           and
           we
           shall
           then
           see
           how
           the
           Gentlemen
           in
           Scarlet
           will
           decide
           the
           Question
           ,
           Whether
           this
           Parliament
           be
           a
           legal
           Parliament
           ?
           Nor
           are
           they
           ignorant
           of
           the
           Laws
           as
           most
           others
           are
           ,
           which
           will
           make
           their
           
           Crime
           the
           more
           unpardonable
           ,
           as
           well
           as
           the
           greater
           ,
           if
           they
           shall
           subvert
           and
           trample
           upon
           them
           .
           And
           seeing
           they
           know
           what
           was
           the
           Fate
           of
           Wayland
           ,
           Lord
           Chief
           Justice
           of
           the
           Common
           Pleas
           in
           Edward
           the
           First
           's
           time
           ;
           and
           of
           Thorpe
           ,
           Lord
           Chief
           Justice
           of
           the
           King's
           Bench
           in
           Edward
           the
           Third's
           time
           ;
           and
           of
           Tresilian
           and
           Belknap
           ,
           and
           four
           Judges
           more
           ,
           in
           the
           time
           of
           Richard
           the
           Second
           ,
           it
           is
           to
           be
           supposed
           that
           they
           ,
           who
           fill
           the
           Benches
           now
           ,
           will
           not
           be
           ambitious
           of
           the
           like
           Destiny
           .
           Nor
           ,
           will
           it
           be
           amiss
           for
           them
           to
           remember
           also
           the
           Reign
           of
           King
           Alfred
           ,
           who
           caused
           hang
           44
           Justices
           ,
           or
           
             Judges
             ,
             in
             one
             Year
             for
             corrupt
             and
             false
             Iudgments
          
           ;
           (
           see
           
             Mirrour
             of
             Iust.
             Cap.
             5.
             
             Sect.
          
           6.
           )
           And
           being
           acquainted
           with
           Foreign
           Histories
           both
           Ancient
           and
           Modern
           ,
           it
           cannot
           have
           escaped
           them
           in
           their
           Reading
           ,
           with
           what
           beautiful
           Hangings
           a
           certain
           Emperour
           caused
           adorn
           a
           Court
           of
           Jedicature
           ;
           namely
           ,
           with
           the
           Skins
           of
           corrupt
           Judges
           stuff
           with
           Straw
           ,
           and
           hung
           over
           the
           Bunch
           where
           they
           had
           prevaricated
           from
           Equity
           ,
           Justice
           ,
           and
           Law.
           But
           if
           they
           be
           loath
           to
           look
           so
           far
           back
           ,
           let
           them
           only
           recollect
           the
           Proceeding
           of
           the
           Parliament
           in
           the
           Year
           1640.
           against
           those
           Judges
           who
           in
           the
           matter
           of
           Ship-money
           had
           given
           Judgment
           against
           Mr.
           Humbden
           .
           And
           if
           that
           Gentleman
           being
           only
           assessed
           ●o
           〈◊〉
           yet
           rather
           than
           pay
           it
           ,
           when
           he
           thought
           not
           himself
           obliged
           to
           it
           by
           Law
           ▪
           chose
           to
           undergo
           great
           Trouble
           ,
           and
           to
           be
           at
           vast
           Charges
           ,
           in
           order
           to
           bring
           the
           Validity
           of
           the
           
             Ship
             Writs
          
           to
           a
           legal
           Tryal
           ;
           What
           will
           Posterity
           say
           of
           us
           ,
           if
           in
           a
           Matter
           of
           more
           weight
           in
           it self
           ,
           and
           where
           all
           the
           Law
           of
           England
           is
           on
           our
           side
           ,
           we
           have
           not
           the
           Fortitude
           and
           Generousness
           ,
           through
           the
           refusing
           to
           pay
           Taxes
           ,
           to
           force
           the
           Case
           of
           this
           Parliaments
           being
           dissolved
           by
           the
           Death
           of
           the
           
             late
             Princess
          
           into
           Westminster
           Hall
           ?
           And
           I
           will
           only
           say
           to
           all
           true
           English
           Men
           ,
           what
           Germanicus
           when
           dying
           said
           to
           his
           Friends
           ,
           
             viz.
             Erit
             vobis
             locus
             querendi
             apud
             Senatum
             ,
             &
             invocandi
             leges
          
           ;
           That
           this
           is
           the
           Time
           ,
           if
           ere
           there
           was
           one
           ,
           of
           appealing
           to
           the
           Westminster
           Hall
           Courts
           ,
           and
           for
           calling
           for
           the
           Relief
           and
           Benefit
           of
           the
           Laws
           of
           the
           Kingdom
           .
        
         
           And
           thus
           ,
           Sir
           ,
           I
           have
           returned
           you
           the
           best
           Answer
           I
           can
           to
           your
           
             second
             Query
          
           ,
           as
           I
           had
           given
           you
           one
           about
           a
           Week
           ago
           to
           your
           first
           .
           Nor
           will
           I
           prefume
           to
           trouble
           you
           any
           farther
           at
           present
           ,
           save
           meerly
           to
           add
           ,
           That
           as
           you
           do
           still
           retain
           an
           Authority
           over
           me
           ,
           and
           are
           at
           Liberty
           to
           command
           me
           in
           whatsoever
           
           you
           Judge
           to
           be
           for
           the
           Service
           of
           my
           King
           and
           Country
           :
           So
           I
           do
           assure
           you
           ,
           that
           I
           will
           never
           in
           any
           Thing
           decline
           to
           obey
           you
           ;
           the
           highest
           .
           Ambition
           I
           have
           being
           ,
           to
           appprove
           my self
           ,
        
         
           
             SIR
             ,
          
           
             Your
             most
             humble
             and
             most
             obedient
             Servant
             .
          
           
             
               April
               24.
               1694.
               
            
          
        
      
    
     
       
         
           ERRATA
           .
        
         
           Page
           2.
           line
           4.
           for
           〈◊〉
           read
           〈◊〉
           ,
           p.
           4.
           l.
           14.
           before
           also
           r.
           is
           ,
           p.
           5.
           l.
           6.
           r.
           insensius
           ,
           ibid.
           l.
           25
           ,
           before
           Man
           r.
           the
           ,
           ibid.
           l.
           35.
           before
           
             unlikely
             ,
             r.
             not
          
           ,
           p.
           10.
           l.
           13.
           for
           a
           r.
           the
           p.
           12.
           l.
           16.
           for
           hand
           r.
           head
           ,
           p.
           15.
           l.
           36.
           dele
           his
           ,
           p.
           39.
           l.
           23.
           r.
           Exercise
           ,
           p.
           42.
           l.
           3.
           and
           p.
           41.
           l.
           24.
           r.
           Hypothesis
           .