Salus populi suprema lex, or, The free thoughts of a well-wisher for a good settlement in a letter to a friend. 1689 Approx. 26 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A61235 Wing S516 ESTC R220613 13623175 ocm 13623175 100853 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61235) Transcribed from: (Early English Books Online ; image set 100853) Images scanned from microfilm: (Early English books, 1641-1700 ; 801:15) Salus populi suprema lex, or, The free thoughts of a well-wisher for a good settlement in a letter to a friend. Stewart, James, Sir, 1635-1713. 8 p. s.n.], [Edinburgh : 1689. Added on t.p. of microfilm copy: By Iames Stewart. Not to be confused with the work by Clement Barksdale appended to his Aurea dicta, 1681. Place of publication from Wing. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Politics and government -- 1689-1745. 2005-05 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-07 Mona Logarbo Sampled and proofread 2005-07 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion SALUS POPULI SUPREMA LEX , OR , The Free THOUGHTS of a Well-Wisher , For a good SETTLEMENT . IN A LETTER TO A FRIEND . By Iames Stewart Printed in the Year 1689. SALUS POPULI SUPREMA LEX , OR , The Free Thoughts of a Well-wisher , for a good Settlement , &c. Sir , THe settling of our Government , in this extraordinary meeting of the Estates , is a matter of that importance ; that I cannot but wish I were as able to assist in it , as I am perswaded it is the duty of every man to contribute his best endeavours : And seing it is like to be the grand Question , Whether we should call back the present King , or , at least , in his absence resolve on such a Regency , as may consist with the continuance of his Right ; or rather plainly declare the Thron to be vacant , and supply it after Englands Example . You shall have my Opinion as free from passion , as from particular intrest , which I think is as little as any mans can be . I therefore humbly Conceive , that the Estates may , and ought , to declare the Thron to be vacant , and at the same time supply it , by setting up the Prince and Princess of Orange , after the example of England without variation . And my reason is one , and most evident , and demonstrative , viz. Because the Thron is de facto vacant , as being deserted , and that God from Heaven , presents to us , and the Highest Necessity determines us , to embrace their Highnessess as the only Persons that can , and ought possess it . I know it was the method of England , first to take notice of the King's malversations , and thereupon , and upon his deserting . to find that he had Abdicat , and thereby rendered the Thron Vacant : But , tho' all good Men must perpetually regrate , the King 's Fatal Addiction to the Romish Religion , and the Excesses it hath caused him to commit , and that now undoubtedly is the season to provide against these , and all other Errors in the Government . Yet seing that some may be ready to affirm , that by our late Laws we have too amply impowered , & by our complyance , too manifestly encouraged him in these very courses , to make these his Majesties charge : and that it is more becoming the Respect due to Soveraign Majesty in all events , and likewayes more easie to our old and National kindness to the ancient Race , and Line ; to forbear such direct and extraordinary accusations . ( leaving these to others ) I rather choose , and fix upon the medium of the Kings deserting as that , which in our case is yet more palpable and clear then in that of England , and abundantly conclusive of all I would inferr from it . And that the King hath deserted the Thron , and us , is so apparent from that visible State of Anarchy , under which we have Laboured these months by past : That certainly all Considering men , in place of making it a matter of doubt , do rather Admire , and Praise the good Providence of the Almighty , who hath so graciously kept our peace , and prevented these ruining Mischiefs , to which such a Lawless condition , Joyned to our former intestine Distempers , and Divisions . did exposeus . Our Kings it 's true have of a long time resided in England , Personally absent from us , and some may say , that his going to any other of his Dominions ought not to alter the case : But the Desertion we speak of , being not a simple non-residence , and personal absence , but a manifest abandoning , leaving us far more negligently , then he did England , without all Cause , Care , or Concernment ; cannot be covered with this Pretence . If upon that great , and sudden pressure in England , that moved him to take such surprising measures ; it had pleased his Majesty , to give any account of them , with what orders he might have thought necessary , to his Privy-Council in this Kingdom ; something might be alledged to colour the Dereliction : But when nothing of this Nature was done , but the Government quite given up , in our greatest exigence , to the Conviction and Amazement of his own Privy Council , and all his Officers ; who only encreased the common consternation , by following their Master's example , the thing is but too certain . And therefore I shall only sum up its evidence with these two remarks . First , that the King 's leaving us , as he did , in his , and our then circumstances , is so unaccountable in all other reasonings ; that it seems plainly to say , that it was his Majestie 's good mind toward us , that we should follow England's fate , whatever it should prove . And next , that there appears so much of the Divine Soveraignty , over-ruling the King in the course he took in his departure ; that it cannot but intimat to all Serious Observers , that thereby God thought good , to prepare the way for the happy choice , that he now presents . If then the King hath deserted the Kingdom , and its Government , the Thron is necessarly vacant : And if the Thron be vacant , nothing can hinder to Declare it to be so , unless Men do prefer Confusion , and Ruin to order and Safety . But because the Oaths of Allegiance , and Test , with other Engagements , seem to many , to be still binding ; I shall resume the matter more particularly , in order to their Liberation and Relief . And therefore must , and do affirm from the most obvious evidence of things , that the Desertion we ly under is not only total , and absolute ; but withall so causless or rather pretenceless , beyond the case of England , without the least shaddow of constraint , or reason ; that a more notable and clear breach of the Fundamental Contract , whereon all Government , as well as ours , Subsists , can hardly be imagined . I cannot here digress , to prove the Beeing , and Nature , of this fundamental contract : All Men of Sense , do easily apprehend , that Government is a matter of Trust , and not of property or absolute Dominion ; and that , tho' the ordinance in it self , as also that of Marriage , be of God , yet the establishing of it in this or that form , and upon this or that Person , and Familie , is , after the parallel of the same Example , of mans free choice and agreement : It being Impossible to Imagine , how either the Hostility of conquest should terminat , or the vain old World pretence of Paternal power , the presumptive force of Prescription , or the true and genuine vertue of a Surrender , take place to introduce Government , without the supposition of this mutual Consent , and Contract , either implyed , or expressed . And thus indeed , it is , and no other wayes , that the Powers which in the first Sense , and in the Abstract are by the Apostle Paul truely said , to be of God ; are yet in the second Sence , and in the Concret , Justly called , by the Apostle Peter , the Ordinances of Man. We have too long been inured , by Men of Corrupt Designs , and practices , to a certain false Cant , that the King holds his Crown immediatly from God Almighty alone . But now , Blessed be God , all Men not wilfully blind , do see , and the very Authors of this Language , begin to confess , that it is otherways ; and that Government is founded in Consent , and truely and only best bound by this Fundamental Contract . Whereof the Essentials viz. That a King should rule , and Protect , and the People Obey , and Submit , in Righteousness , for the Glory of God , and the good of the Common-wealth , need no Record , more then the Necessary duties of Man and Wife in the Contract of Marriage , as being in both cases inseperable from the very Beeing of the Ordinances . And for the Naturals and Accidentals , as Lawyers speak , of this Contract of Government , they may be seen , and read , in the perpetual consuetude , and other Laws of the Kingdom ; and are all confirmed by the mutual Stipulations , Promises , and Oaths customary , specially at Coronations , betwixt King and People . Our King then , as all others , being King by Contract , acknowledged by his accepting of the Government , and requiring of us the Oaths of Allegiance , and other engagements ; which express our part of the contract , and no less necessarly suppose his : It is evident as the meridian light , that if he either Renounce , Abdicate , or totaly Desert , he wholly breaks his part , dissolves the Contract , and looses us , from our part , and all the promises , Oaths , and Tests by which we can be thereto bound . The compact of Marriage is certainly the most Divine , and binding , known amongst men ; and here God is said to joine , and in such a manner , that neither of the Parties tho most free Contracters , and both consenting , may separate without his warrand : Yet if one of the Parties , specially the unbelieving , depart the Apostle pronounces distinctly from the Nature of the Contract , and Gods mind in its institution , let him depart the other partie is not in Bondage in such a case , either to his conjugal promise , or to any other Supervenient Oath , that may have interveened ; But is as free from the Law of the Departer , or Deserter , as if he were naturally Dead : If then it be so in the business of Marriage , can any Man hesitat , but it must be much more so in the case of Government ; the tye whereof , in the acknowlegment of all , falls many degrees short of the formers obligation : But so it is that the King hath deserted causelesly , totally , and absolutely , as hath been declared , and therefore in all Law , Reason , and Revelation , the Thron is vacant , and we are loosed from his Law , and all other supposable engagements . But you may say , in the Apostles words , to the same purpose , But God hath called us to peace , and therefore we ought neither to be hasty , nor peremptory , but seing we know his Majesties departure was not his free choice , and that after this little Secession rather then Desertion , he purposes to return , as he hath signified by his letters , we ought to wait for him ; and not so lightly throw off our Allegiance , to which we are by Nature , and Religion , so strictly bound . I answer , that what ever was the manner of the Kings departure from England , yet , as to us , it was a free choice , which hapening in such a juncture , and exposing us so dangerously to all the miseries of a Dissolution , is really Irreparable : specially seing that by the same default of his , res non est integra . But the Kingdom being oblidged by the most binding Law , to wit , Salus Populi Suprema Lex esto , and the most cogent necessity of self preservation , to fly and betake it self to his Highness Heavens-sent Protection ; it is impossible for us to retreat from it , without a most ungrate perfidie toward the Prince , and Damnable folly toward our selves , in rendring the whole Kingdom obnoxious to a greater Forfeiture , than can be secured against , by any offered Pardon and Indemnity , in our present circumstances . Admitting then , that his Majestie purposes to return ; yet I say he must excuse us , since his offer is too late . But more especially because , as all good Men hear , and understand with regrate , he makes the offer by his Letters , in such a manner , as promises nothing , save a threatning Invasion of perfidious and cruel French and Irish Papists , to destroy our Religion , and make Britain a field of Blood , and an utter Desolation . Wherefore I must conclude , by way of Retortion , that seing both God , and the King , have loos'd us from our Allegiance , by his Majesties Desertion , as hath been proved ; and God , as you say , doth also call us unto peace : we should undoubtedly shew our selves , the most nottorious contemners of this sweet and Heavenly call , if after so great a deliverance , we should again bring back the King , with such a sevenfold worse attendance and thereby unavoidably render our Last Estate infinitly worse then our First . But you may still urge , why so peremptory , and severe , you resisted , and opposed King CHARLES the first , with Arms , and yet , even in the hottest of the Warr , when you entered into a League and Covenant for its more effectual prosecution , you reserved his Majesties Soveraignity , and just Rights . Why then should the Kings simple departure , be now accounted worse , to inferr a Dissolution , and justify a Rejection , than what was reckoned in his Father to be a Hostile Invasion . It 's answered , not to touch upon any invidious comparison of their Persons , nor yet upon his Majesties woful defection from the true Protestant Religion , whereby he hath too visibly brought on himself , the curse that his Grand-father did , in this case leave , and entail on his posterity , I say , the Kings Desertion doth inferr a Dissolution , and warrand a Rejection , albeit his Fathers supposed Invasion was not carried that length ; Because our warrs with the Father were but an incident unhappy quarrel , amongst our selves , as well as with our King ; wherein , as it could not be said , that he had Deserted the Kingdom , or yet hostilly invaded it , by a Foraigne Force ; so we had all reason to reserve his Soveraignity and just Rights , in the probable prospect , of a good Composure , and Peace . Whereas our present Kings Desertion is not only Causeless , Total , and Absolute , leaving the Thron vacant , to the evidence of every Mans sense ; beyond all control , or excuse of reason , in the same manner as if he had been removed by Death , but in the just construction of Law , it imports such a voluntary Dereliction , as frees us from our former Allegiance , and layes on us an Indispensible Obligation of providing for a new Establishment . Si Rex enim Imperium abdicavit , aut manifeste habet pro. Derelicto , says Grotius , in eum post id tempus , omnia licent quae in Privatum . Having thus cleared the Nature and Import of the Kings Desertion , and that the Thron being de Facto Derelinquished , we are in the same manner loosed from the Law , and Oaths of our Allegiance , as if he were Naturally dead , and his Race extinguished ; specially when we cannot now think of his Return , had his Reign been ten times more justifieable , without the Horrour of all the fatal consequences of Blood , Confusion and Desolation ; it is evident that for the Estates to declare the thing as it is , and to proceed to a new and necessary settlement , is not attended with the least difficulty . And therefore I go on to the second point viz. That in this state of things , the Estates of the Kingdom ought to supply the vacancy of the Thron , by setting up their Highnesses the Prince and Princess of Orange , after England's example without variation . And the Reason I gave for it , was because , that God from Heaven presents them to us , and the highest necessity determines us to acquiesce in his good pleasure . And that God presents them , if there be any voice or language , in his providences , as certainly there is , it amounts in our case to a manifest Declaration . When after King Solomons death , the Lord so ordered the matter in the Treaty betwixt Rehoboam , and the People , that by his imprudent Answer , he provock'd the ten Tribes to Reject him ; the Lord , by a Prophet , commands Judah to sit still , and desist from fighting , for , says he , the thing is from me . Can any Man then doubt , that in the concurrence of the many signal providences ( more remarkable both for Number , and Weight , then can be instanced from all our Histories ) which at present surround us to shew us the way , the Persons , whom God thus designs , ought to be Chosen and Embraced . It was an Inspiration from God , that moved his Highness , and all the Protestant Princes in Germany to resent so cordially the Distress of the Protestant interest abroad , and it's Danger here with us . It was also another effect of the same Divine Influence ; that excited his Highness raising up the Righteous Man from the East , and prevailed upon the Cautious and Warry Estates of the united Provinces , to set about so great , and incredible an undertaking , wherein a Man may justly doubt , whether the vastness of the expence , the hazard of the Seas , season , and tempests , or the Preparations and Forces of the Adversary , were more discouraging . But that God , should have so happily conducted thorow all these difficulties ; turned , almost as one Man , the Hearts of all the People of Britain ; and caused all the feared opposition to melt away , as Snow before the Sun , so that his Highness was without Battel , brought to London only with Joy & Triumph . This , This is the Lord 's doing and it is marvellous in our eyes ! Nor are the succeeding passages of his work , tho' not of so great a Lustre , of less significancy and moment , as to our present purpose : That his Majesty left England once and again so obstinatly ; neglected and ●●rgot Scotland totally ; made the French King , that Enemy of God , and Man , his only refuge , and set up all his remaining hopes on Tyrconnel and his Irish Papists ; that the meeting of the Estates in England , did so readily and unanimously settle the Soveraignity upon their Highnesses . And lastly that our Country-men , going to London , with such different Interests , and Designs , should yet have carried along with them , so much of the Spirit and Sense of the Nation , as to agree , almost as one Man , to address to his Highness , to take on him the Government and call the present Convention : All these , I say , laid together and recommending none other to us , then the very next in blood to the King that hath forsaken us , must , after the vacancy of the Thron above demonstrate , appear to every one , that regards the work of the Lord , and considers the operation of his Hands , to be nothing less then so many Lines from Gods Soveraign Power , and Wisdom , concentring to point out their Highnesses as the only Persons that ought and can possess it . I Grant for all that hath been said , that providences of whatsoever kind and number are no Rule of Duty ; nor do I here pretend to adduce them as such ; but it being already cleared , that thorow the Kings Desertion , the Thron is vacant , the Government dissolved , and the Kingdom brought under the necessity of a new Establishment ; I can hardly believe that any will be found so Refractory , as not to acknowledge , that such leading and perswasive Providences , are the best Designations of the Persons on whom we ought to fix . Yet , lest such there may be , I shall farther consider the last part of the Argument , and that is , That even the highest necessity determines us to follow England's Example in this Affair , without variation . And this , I think may easily be Illustrat , as well from the Inconveniences , and Mischiefs on the one hand , if we divide : as from the Advantages on the other , if we joine intirely with them . And for the Inconveniences , the long and bloody Troubles , and Calamities , that this Kingdom suffered in its divided Estate from England , are yet too fresh in mens Remembrance , to suffer any to desire a relapse into it , unless it may be in this only prospect , that , according to the great change hapned in our Circumstance , some may thereby now hope , for a speedy Conquest , as in any terms more desireable , than our best separat condition . The Conjunction of the two Kingdoms , under King JAMES the sixth , was a Blessing so long lookt for , and acceptable , that when he applyed to it , that saying , Quos Deus conjunxit nemo separet , he but spoke the true sense , and wish of both Nations : shall we then , when things are so much altered to the worse , be so unhappy as to aim at this unluckie separation ? specially when it is most certain and visible , that the least apparent difference , betwixt England and us , at this time , would be a great encouragement to Enemies & discouragment to Friends , particularly our distressed Brethren in Ireland : And that if we do not directly call back the King ( whereof I am sure the inevitable Evils above represented do raise in every honest man an extreme horror ) We can take no other course distinct from that of England , without laying our selves open to all their dangers , with very small assurance of their assistance . I know the boiling of our Scots blood , upon a little stirring of the old Emulation , industriously practised by Papists , and such as affect them , may readily throw up , What ? are not we a free Kingdom , and much more ancient than that of England ? Why should we then be tyed to their Measures ? specially to reject totally our King , Who , as to us , in respect of the English , is , as it were , of our Blood and Kindred . But first , after the recalling of the King , which is indeed the Point that all the Promoters of this humour aim at , there is no mids betwixt it , and an absolute rejection , that is not attended with most deterring Circumstances , as hath been already declared . Next , what doth all this vain talk signify ? doth it add any thing to our strength , for preventing , or resisting , the abovementioned Inconveniences , which is the point that all Sober men ought mostly to heed ; or is it not rather just like unto the Thistles Elevation , in King Joash his Parable , which after it had compared it self to the Cedar , was trode down by a wild Beast that passed by , which infallibly would be our fate , in attending to such empty Counsels . Whereas on the other hand , if we go along , and hold with England in this Re-establishment , we have God to be our Guide and Leader , as hath been shewed , and in the next place we may be assured , that as we are already threatned by the same hazard , and also rather more exposed to them , then they , so the holding the same course with them will always procure us ready , and effectual assistance ; greatly animat all our Well-wishers , specially our Brethren in Ireland , and prove a happy Introduction to the long desired Union of both Kingdoms , which last motive of a good and perpetual Union , is of itself sufficient , to all Considering men , to preponderat all can be said on this head : it being indeed the only thing wanting to compleat the happiness , and security of both Kingdoms ; and that which seems reserved to the Prince of ORANGE , as the man of God's right hand , able to surmount , and adjust all the difficulties of so great a Work , and worthy to bear its Glory . Thus you have my opinion , and the Lord give all Concerned a true , and right understanding . If bare Infidelity or Difference in Religion were here adduced as causes , to make void the King's Title and Authority ; the Westminster confession ( tho' well enough cautioned , by the qualities of Just and Legal to exempt us from the late imposings ) might yet occasion some to scruple : or if Malversations were the only ground , these might , as I have said , make the enquiry more uneasie , and the conclusion less unquestionable . But when the King himself hath loos'd us , by such a manifest , and irreparable Desertion : And God from Heaven points out to us so Desireable and Excellent a choice . And Lastly when the most powerful necessity of the Preservation of all that can be dear to us , oblidges us to imbrace it : What can possibly demurr true Protestants , and rational Men , to agree to it . Neither ought we to be alarmed at the Backwardness , and Refractoriness of some whose ill consciences of their former oppressions and violences , may desperatly drive them to a more avowed opposition . Since beside that it must be in it self contemptible , nothing can more effectually defeat it , and all our other vain fears , then our Resolute and Unanimous concluding and adhereing to such a Just , Necessary , and Happy Re-establishment . Adieu .