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PO Box 1346 Ann Arbor, Michigan 48106-1346 800-521-0600 . 313-761-4700 Printed in 1997 by xerographic process oo acid-free paper •*■*•*•*•**$■**•*•*••$•■*•*•* •*•$••*•$• •*•*•*•*•*+•*••*•«•■« : T H E O L D English Constitution VINDICATED^ » Price Two Shillings. 4^4^^<^4*^^^<>+^^H^^4*^M* JuftPublifli'd the 2d Edition of, A Letter to the Bifhop of Ely, up- on the Occafion of his fuppos'd late Charge (laid to be delivered at Cam- bridge, eAuguft 7th, 1 7 16) as far as relates to what is therein urg'd againft, frequent Comymio'*; and for the pretended Epifcopal Reformed Churches of Tranjylvania^ CIreat Toland, and TruJJia : By the Author of this Book. " Sold f?y the Bookfcllers : Price Six Pence. THE OLD ENGLISH CONSTITUTION VINDICATED, And Set in a TRUE LIGHT. Offered to the Confederation of the Bifhop of BANGOR: WITH AN APPENDIX, Containing fbme ReflefHons upon his Lordfhip's Candor, Sincerity, Erudition, and ftrong Reafon- ing in his *Prefervative : Or, eAffeal to the Chriftian Laity. Bv M. E. If you take away the Law, all Things will fall into Confulion, every Man will become a Law unto himlelf, which in the dcprav'd condition of Hu- mane Nature, muft needs Produce many great Enormities. Lufr. will become a Law, and Envy will become a law, CovctonfiicJs and Ambition will become Laws*, and what Dictates, what Occifions fiich Laws will Produce, may cafily be difcern'd. Pym'j Speech ajr.iwfi the Lord Strafford. LONDON: Printed in the Year, M.DCC.XVIL (Price Two Shillings.) £17 nncu f//i/Mfti// (CKwJC/6w\ //>/>t/s-ss/r i->fl7%csrf<.zs c.Ovv' \ JL C / > 7 [ i. t % tij F&EtACE Xpui Pretences x a. 'Party ip this ^sta^ijm^ continuity fnake to : Liberty ^ut^^rp^erty, the Law*! and Conjlitutions atei They were raised by our Kings to HiiUance a Houfe of Lords, and may 7 for ought t knotvj be a very aAugufi 'Bo- dy. 'But however j the Lords wire befdre ''em, and KJngs before Viw all: I cannot find any Re a f on to think the Com* r*ons were' caWd before Henry ift: who was A ufh If -J undoubtedly an U fur Per. "But then, as Sir Robert JFjjmer bus olferv*^ only a~~£o?ifys J d ffy&ibef vfcre Mtferty.fy comA 'fefy\thtAl&- gulfrr fejtkhigjwleniber&by EmHidhJtoid the Kjng?s Writ, did not Commence tijl Henry $d m The Ftoiife of Lords w>zs much more eA#ti- ent, and wus ca\Vd the Great Council of-the Nation, anH fhe Council of 'Barons, whidh con$lfrl*of TemforahLords rfMWx/. Etiofe therefbre whs > flYemt&fljraJffrt the oAvtitfuity of parliaments, k arid y ]fc£ W to the time of William the Conmierb^r^ rf not higher I I fay, thtfe]Men muft ^hher Prove the- Comtnojis i&ere in parliament before Henry \fl, or theymufl grufit t^af- an Hctttfe of Commons oAntiently wds not eQentral to a ^Parliament, and that the Houfe of Lords was fuch without them. 'But if we Examine what t he fe Lords were in whom arefuppos'd to be the Snfream Tow- er of the Nation, even they were the Crea- tures of the Kjng, they were Created by him, and enjoyed all their Honours a?id f Priv}\eges by his Favour : So that to ajjert the Superiority of fucb a 'Parliament, is abjrtrd, and this oArgument alone is fuffkhnt to prove KJngs to be more oAntient than 'Parliaments, who were only caWd together by himjelf If we Recur to ^Antiquity, -we Jl)all find that the Clergy formed one of the States of the Kjngdom, and were CfiWd to Conjult in Cajes mon's haahoneing. % . ^ Nor were they diflingftiflP^.witbtbf Qka- rafferi/licks * of. the Supreash $owe^ x zp$ep 2 9 ftfesnbers *pf thpt $?%[? *&]£?$ Trofec/jted by mdi&metif Vn the Kfag^Bgn^b, for T>e^ farfyw^iffrqu^ Licence .ffotn fgrfiainent in T^epaUce* of the Kings 'Prohibit lo'tu This was i, 2 f /^JPhiJip and Mary J the Sub- fiance of the -information- . I rflj^ll give the Reader />>JE£m$ib, ; becdufe it will contribute. to clear ?q£ 'piffufe : We fi?f4 ilk. tie hitli- tutes p.4»«d^i r Tlfe Itformatjonw/v ' draw.nr up"l>y ' fbe^jfigj'^ where jo a 'Parliament af* our ' Sovereign' Lord and Lady -was then K het d at "W*effmmfl;er, in the Fir ft and ' Second Tear of their Reigns, in which . ft 'was forbid by our Lord arid Lady, ikjifcf^ fame Tarliamtrtt, that any T erf on tfterertq^ Sfimmon*dfhqu J d not depart from parliament' without fecial Leave, or Licenfe from our faid Lord and Lady ; neverthelefs, certain Terfons, vfy* Thomas Denton, de Coni. Ox. &rc. were Summoned to tfje faid Parlia- ment ', buf i n Contempt of our fuid Lord and Lady, and of the good of their Country, they departed from the J'aid^ Tarllame?it without Leave or Licenfe 'from our faid Lord apd Lady, to the great "Detriment of this Kjng T dotn, and have given thereby an ill Example to 'Pofferiiy, the ^Attorney demands' tha^ a legal T*roceJs fl)Ou y d be ' Ijpfit forth to' make A 2 the the faid Thorpas Denton, 8$c. cAn/wer be* fore nut Lord: andj^ady < for ~t& Na M £*#; tempt. . '.,."■' ?. ' '* '*"'" ;' " 3pj this Edmund Plo^fen 4^ho z&a^ in the Information fhaiie^ fpat he yvas pye[en% in thttf "Parliament in \ is)]h\ch it was) 'altedgd that he:was abfejtt. ,: .?' Sir Echvard Qik^s Obfervation tyan'tbis N{atte¥ was thus ., \ -. " v-.\ • \ 4 Tou may Obfervethat the poor Commons* c Members of ^Parliament in pjebUsitlis had f no great ^foy to continue in ^Parliament. Sir ItobSrt Filmec obferyes r that the 'Par- liament in^oAncient Time} vdirit Maintained by the Kjng, and fed at } his Table. * ' • \ eAn Old Whig whb pavZd the Way for the ill Nbtions \vhkh have prevail 3 din this King- dom, in his "Book ca]fd r Plato Redivivus, bat given but a very mean ^Account of an H^ufi] of Commons Ori^iyal ; He fays mafi off he Members thought it an Honour to retail to. fqme Great Lord y and to wear his "Blue Coat. and when they had made tip their J^ortPt Ttain 7 and Waited upon him from his ovou^ Houfe to the hordes Houfe 7 and made 4 Lane for him to Enter, they departed to Hit in the Lower Houfe of 'Parliament yjlc Antidotum Britannicum, p. 77. The eAntiouity of the Houfe of 'Peers is beyond difpute: The Saxon Kjugs in their Laws mention them by the Name of Sapien- tU£i &t Mag^natufr^ Cqnciliuj^ T^uta* to ^tiny [ v ] a ny> *f*l lAuihwty I ca**ot t fte that they enjofd thejeajl Jhadow y theteoff. the Szxbti* came over ^i^ their Swords in their Hands, their Chief, Qqwmanders rnade\ theniftlves ifcjn&h **&££ they Conflituted Guafdlanl (iTtd Conf^vafors pver themfelves, they -&&re little better thpn fools. , «. ■. : v x 'But Jfoweper, we muft'Date ourGotifti- txtion frtm yt.'fo&W the Conquetour, from him we received <& r Laws am Model cf Go- v^ni^t^'fot^.made tbk^R$hgdom a fer~ feS^ V.roP&tyr M gave it by -Will to 'the founger Sqjfx&pd Excluded the. Elder with? out any Intervention of fbe States, nor iibas t>v {Title '*?** : Qgmw£& ty th £ *Peof>le, nor cait any I*ft#*fe. . he given tilt vety lately, of any fopuLw £kfli0V* Ufutfers'have thruft ibemfw&f &** * Throne® btttWey have aU wajes bad the fretence of Hereditary Right,- nant *ever '-.carty -far tfTiH&'mhick they ow y d tt&he EJe&fon of a Multitudes r - I ?tis the JXnhapfynefs 'if *Manfatid,\ that ever fince : tfw , Great ion of. ibe^ World they have been led into, Errotmby not fetttn&.a right Higtiificatiw: itpon Words : ' They have mp yen fettled an abfolupe ^Agreement le- % tyveen Jdeas and Words, which are > and ever will be % engaged i* #** Eternal War. I believe Mankind woud not be a little Jmproi/d with aXreatifeof that Nature^o fhew what d&,i-^ fujion that 'D'tffention has made amongft ' them. For for Examfrle,\^theWord Kittg h&. fir this' Nation togetfiqr by the Ears, from the veiy* Time that the Ward has been known within' ifr? Realm, becattfe we have not adptfted our Ifie#Wvith the ' Wordy if we mean by Kj*g, ope that h/ts the Sufrertm ToivPr of the Na-; tion y we Reduce a large Qtbdrt of Ttifftfte* into u.^r very .warVdrv comPafs-y ^tt'Z; "Whether tt>e sSupream Tower can be Reffted or no, if the ,Sufr earn Tower may be Reft ft ed, confi- quently, any Infer idur Tower may "be R^fi/ftr^ in Society ; • and therefore, v no e .MagiftratefX or? fecur?d from having their T&dinsregulur-- ly fyxocJfd out by -the Teople. rvv.,\ ,/. . v~j Jf the King is "only a TBratocKfef the &*:* fr?am Tower y we muft find ' l '^rfw , :»ifr , 'Branches, and fefitfcem all in a fhtir Light ;* are t bey the J^oufe^ qf -Lords ofr€&mmons, or K - bath together £ Vfjo,' let any Ma^jhew^mf the ^ufreart^wBowenufter the^Diffblution )qf the Houfes. Lebttiefr/ fhewtne one foarfc^cf Xufcriour Totyer "-yvhJch th^Kjhg' does Mot then Enjoy, , and\ T~ will (hew '• twenty whrich^ they coud n&ver pretend- to. v: . v jBut granting, even this y the Queflton rut alasy thefe are meer Suppofitions^ that have no Foundation lid the £» Second, becaufe thd* he was not made fo by Will, yet as Cuftom had ever made without a fnanifeft Will to th^e contrary, the near eft in 'Blood [ xiii ] *Blood the Succeeding KJng, James, as fuch bad an Indisputable Right thereto. "But the? Henry 2d, during Stephen\r Life, had a ?nore clear Title to the Crow?i than that Ufurper ; neverthelejs, to accommodate the T)ifpute betwee?i both 'Parties, an o/lgree- ment was made, and without any Inter- vention of a 'Parliamefit, Stephen appointed Henry 2d to Succeed him in this Ma/i- ner. Sciatis quod ego Rex Stepha?ius Henri cum Ducem Normanniae port me Succeflbrem Regni Anglia & Haeredem meum jure Hserc- ditario Conftitui &: fu ei & Hasredibus iliis Regnum Angliae Donavi & Confirmavi. Know ye, That I KJng Stephen have eAp • pointedHtavy % T>ake of Normandy, my Sue- ceffor to the KJngdom of England, and my Heir by Hereditary Right, and thus I have Confirmed to him a?id to his Heirs the KJngdom of England. See Rymerlr Fcedera. Tom. 1. p. 15. / co?iclude from hence, That the Crown of England votes at that time Hereditary, and if we Trofecute our former definition of He- reditary Right, we pall gain no trifling oArguweut to Support our Quejiion. If Stephen had not the Sole 'Property of the KJngdom of England, he cou\i not Confti- tute Henry his Heir and Succejj'or, to that Crown, for Stephen y s fuppos^d Right mufi be either Temporary, Succt'ffive, or none at all ; C xiv ] if Temporary , he cotfd not make Henry Sue* ceed to thoj'e Rights, which were not i?i his Difpofal after his "Death, hut Reverted to other People from a more &Antie?it Right. %. If it was Succejfive, the Rights to that Crown "were Indepeiidantly his own, a?id he coiCd Confequently make Henry, or any other Perfon Heir to them he pleased. 3. If he had no Right at all to the Proper.-* ty of the faid Kingdom, he was Intrufted as a Servant, and corf 'd ?iot appoint Henry Heir thereto by Will. From what has been faid, I co?iclude the Property of the Crown mujt be Solely. Invejt- ed in our KJngs, a?id they may appoint whom they pleaj'e jfeirs thereto. I p)all only clofe up this oArgume?it with an Obfervation, that Stephen neither, claim 1 d his Right by Pofjejfwn, nor by the Choice of a Parliament ; but upon an Oath a Lord Stew- ard made, that Maud the Emprefs was Ex- cluded by Will We find likewife in an Epiflle that Hen- ry 2d. Wrote to the Pope concerning the Re- bellion of his Sons, Et quod fine Lacrymis non dico contra Sanguinern meum & viicera mea cogor odium mortale concipere & ex- traneos mihi quaerere Succeflbres, -with Tears in my Eyes I Jpeak it, I am forced to en- gender in my Mind a mortal Hatred againft my own flefj and 'Blood, and feek out for Heirs C xv ] Heirs more Remote. RymerV Faxlera. Tom. i. p. J 5. 'But J'ome, notiwithftanding theje flain and evident 'Proofs, hififl ttyon the Legislative Tower of the Two HouJ'es, which is not near jo eAntient as fome -pretend, neither van they he faid to enjoy the fame Compleatly at this T)ay. We may fee in RymerV Fcedera, a Letter of Henry the Seconds , which had the Force of a Lam ; it declared. That if any Ship fhouM be Wrecked upon the Coafts of England^ Ticardy, &c. If any Living Creature efcap'd out of the Ship, even a Dog, neither he nor his Succeflbr fhou'd Claim the Wreck of that Ship, nor any other Perfon who fhou'd have Property in the Wrecks. The K/ng J s TretenJtMis to thefe Wrecks wtzs Founded up- on the Cufiom of Nations : TBut he was fleas'* d in this Letter to recede fo far as to fufpe7id his Claim, if eiqn a *T>og -was fomid to efcape alive. From whe7ice I obferve, 1 ft. That he was looked upon as the Sove- reign Tower , for by the Rhodian Law, and by the Law of Nations, fuch Wrecks belo7/g y d to that Tower alone. 2d. If he had not bee7i the Supream Le- gislative Tower, he cou*d not make a Law to affetl the Rights of others j for this Law ex- tended to his Heirs, and to a7iy Terjbn to whom fuch Troperty flwu y d be Farmed. The Leu [ xvi ] 'Letter may he feen in RyrnerV Feeders Tom. p. 36. Molloy, I fuppofe, was not fenfible of this Letter, when he Wrote his Tratt De jure Maritime), lecaufe he afcribes the firft 'Pro- mulgation of this Law toKJng Richard, which , was really ijjtfd forth by Henry 2d. In the oAgree7nent between Henry 2d, and his Rebellion* and Ungracious Sons, it was /Updated, That thole who in Fighting a- gainft the Father had RobM the Subject, and ran away with their Goods, might Return and not be oblig'd to Anfwer for the fame; which was much a difpofing away the "Property of the Subjeff, as if it had beenfor- molly pofs*d by &Act of 'Parliament y and wc cannot but remember , very lately, the Soldiers who made too Free with the Peoples Good* ■ at Prefton, cou J d be Indemnified dnly by an eAH of the States* The Words are, fik Itaque quod de catallis quae afporta /erunt in receiTu liio non refpondeant. See RymerV Fcedera. Tom. 1. p. 38. Richard ift. Exercised the Legi/lative fart , as high as any Perfon can conceive, in Efta- blifoing by his own ^Authority Naval T?nni fo- ments ; for immediately before his Voyage to Jerufalem, he ijju'd forth an Order for the* fever al forts of either Capital or Lejjer Pu- ?iifoments, which footfd be incurred by thofe who oAccompany* d him in his 'Journey : If any Per [ xvu ] Terfon can fi?id an Houfe of Lords or Com* mons in this Ordinance, mufi {train the Senje -very high ; the Words run thus, Sciatis nos de com muni proborum virorum Concilio fc- cillc lias Juftitias Subicriptas* . Let "em know we have made thefe Laws by the Advice of Honeft Men. The Ordinance^ may )>e j'een in the cAfpen*. dix, N. 2. and in Rymer'j Fcedera. Tom. i. p. 65. In this were included 'Death} Banifimenty and pecuniary Multts. We fhall find when he was taken Trifoner % by his Letters to his Juflices, without any intervention of a parliament, he raffed, in thofe "Days, an immenfe Sum of Mony* ill. He Arbitrarily tfidk away the Goods of the Church, which at jtfoat time was as Jlrongly fecur*d Troperty^ as was in the whole KJngdom \ he cau d it "Borrowing ; 'But however, to Borrow with fuch a War* rant us cotfd not be Refilled, was little better than Taking awpy by force. 2d. He aArbitrarily 'Demanded the Chil- dren of Noblemen for Hoftages, who were accordingly 'Delivered to the Emperor for Security, which flowed a Mauife/t Tower o* ver the Liberties of the Nobility. . 3d. /Dotfor Kennet is pleased to acknow- lege that he raised the Mony by Impofing Twenty Shillings upon every Kjtighfs Fee, taking the Fourth Tart of all Lay mens Re- tt vhtuesi C xviil ] venues, mid Clergymen%wifh a Fourth Tart of their Goods : ~The Chalices and Treafures of all Churches -were taken to make up the Sum. If the T>otior can find any s he is 'Bifljop of Bangor. I can only Jay, if the "Bifiop of Bangor -wrote that Treatije, he wiis a Confummate "Politician^ lis "Politicks go in thefe 'Days. But if we can fay no more of a "Bijhop^s 'Writings, what great addition will Religion receive ? Or how will the Cler- gy recover their loft Lujire. 'But ^tistfiwe to draw in the Reins, Vajji.ou Indulged 7j:ayfpeak Extravagant Truths. I tnnft needs jay our ^dverfaries have taken fever e Methods \ but the Hod of "ju~ ft ice will c Protetl andT)efend his Cauft. If I have advanced any Fa J fe hood, either hi "Politicks of Religion, 1 aw ready fre'ety to Recant ; but if I i:<4ve not, I fa rely Me " '" rit C xxi ] rit fome Confederation from the Reader. "Let him lay his Hand upon his 'Breaft, and acquit his Conference of fo much as acquiejeing in any Inju/fice' done to God?s Vice-Gerents^ 6Y in any Violation of the Laws of Nature^ if he has, he may furely depend upon his feeU in^ the Mi/take ; his ovon Private Pofjejfions will dwindle away, his Children will Curfe ftjm> and Vofierity remember ' him with a Sigh, if he is worth any remembrance at all- There is a "Power above which made even Kjngs, and by whatever Jecret fprings he Governs Humane ^Affairs, and however Ir- regularly they feem to move y time will vifibly eorreti their feeming eAnomalies, and (hew how Righteous and how Jufi the Ways of God are y we fhall find himftriidly puntlWal in his Tuniftments, and in his Rewards. Tyrants and Ufurpeirs have in all oAges prevailed, fome have gone down to their Graves in e Peac£, and the reft have funk under the weight of "Popular Odium andT)iJ- conte?it. 'But fuch Men have in the end no %reat 'repfo?t to brave the Powers of Heaven, the Grave coders all their Pomp and their eAttendants, and their Guards repair to the next Succejsful Invader of their 111 got Spoils, and what have they from the Hands of God but to lye dawn in Sorrow. 1 fl)all leave the Reader to Reflect upon the Tolly and Difirattion of Mankind, the Mu- tations of Empire, and the Dejfolat ions Re- bellion has made, when he has gone through all C xxii ] all theft Speculations, he may perhaps co,xe intq my Notions, he will find every Tullick Calamity, and Private 'Dijafter, take their Rife from the Ig?iorance of our Englifh Gon- ftitution, and tl)e lnjuftice we have [one- time or other come into againft our Lawful Monarchs. The A£t of Recognition of King James L — — Reuniting of two mighty Famous an4 o/intient Kingdoms (yet antie?nly hut one) of England and Scotland, finder one Im- perial Crpwn, in your moft Royal 'Pfrjon,. who is Lineally, Rightfully, and Lawfully defcended ofthe*Body of the moft Excellent Lady Margaret, eldeft daughter of the moft Renown 1 d King Henry 7th ; and the High and moft Noble 'Princefs Quee?i Eliz- abeth his Wife, eldeft Thought er of Kjng Ed\vard the Fourth, the faid Lady Mar- garet, being eldeft Sifter of Kjng Henry the Eighty Father of the moft High and Mighty *Princefs, of Famous Memory, Eliz- abeth, late Qiieen of England. WE therefore your moft Humble and Loyal Subjects, the Lords Spritual and Temporal, and the Commons m this prefent Parliament AfTcmblcd, do, from the bot- [ xxiii ] bottom of odr Hearts, yield to the Divine Majefty all humble Thanks and JPraifes, not only for the. (aid unfpeakable and inefti- mahle Benefits and Blefllngs abovementi- on'd ; but alfo, that he hath farther enrichM your Highnefs with a moft Royal Progeny of moft rare and excellent Gifts and For- wardnefs, and in hisGoodnefs is like to en- creafe the happy Number of them, and in moft humble and lowly Manner do be- feech your moft Excellent Majefty, that as a Memorial to all Pofterities, amongft the Re- cords of your High Court of Parliament, for ever to endure of our Loyalty, Obedi- ence, and hearty A ffeftion, it may be Pub- lifh'd and Declared in this High Court of Parliament, and Enafted by the Authority of the fame, that we (being bounden there- unto both by the Laws of God and Man) do Recognize and Acknowlege (and there- fey exprefs our unfpeakable Joys) that im- mediately upon the Diflblutibn and Deceafe of Elizabeth, late Queen of England, the Imperial Crown of the Realm of England, and of all the Kingdoms and Dominions, and Rights belonging to the fame, did by inhe- rent Birth-right, and Lawful and Undoubc- ed Succedlon, defcend and come to your moft Excellent Majefty, as being Lineally, Juftly, and Lawfully, next and fole Heir of the Blood Royal of this Realm, as is a fore- laid, and that by the Goodnefs of Almighty God [ xxiv ] God, and lawful Right of Defcent, under one Impenal Crown, your Majefty is of the Realms and Kingdoms of England, Scot- land, France and Ireland^ die moft Potent and Mighty King, and by God's Goodnefs more able to Protect and Govern us, your loving Subjefts, in all Peace and Plenty, than any of your Noble Progenitors, and thereunto we do moft faithfully and humblv fubmit and oblige our Selves, our Heirs and Pofterities, for ever, until the laft drop of qui* Bloods be fpent, and do befeech your Majefty to accept the fame as the firft Fruits of this High Court of Parliament, of our Royalty and Faith %o your Majefty and your Royal Progeny, and Pofterity, for ever; which if your Majefty fhall be pleas'd (as an Argument of your Gracious Acceptat/V on) to adorn wiph your Majefties Royal Affent, without which, it can neither bp Compleat or Perfe£t, nor remain to all Po- tter ity, according to our moft humble De- fire, as a Memorial of your Princely ancjl tender AfFe&ion towards us, we fhall add this alfo to the reft of your Majefties un- fpeakable and ineftimable Benefits. M. Earbery. T rf E [ I .1 T H E Old Engl/Jh Constitution- Vindicated. B&8®^ Y Intent in Writing the for- mer part of this Work, * was no more, than to give the World the firft Principles of Government, I propofed to my felfa pure and unmix'd Me- thod, fuch as no Man could except again ft, without either calling himfelf or me a Block- head. If the Definitions or Axioms, or the Con- clufions were wrong, I was very fenfible what Reward fuch vain pretences to Ma- thematical Principles would claim. But as no fufficient Anfwer to the lail Performance has been hitherto Exhibited ; and as I have been \ve1l iatisiieci no fuch Anfwer is ever likelv to come out, I think my Duty to * Elements of Policy Civil a,ui iz.tclt'ji.ijKc.d^ m a A lathe in tin M A /it ho J. B Cod C 2 ] 6od and my Country, obliges me to purfue the Blow. I Hatter my felf, that if either Doftor Bennkt, or fome other People, had be- gan firll that way, we fhould not have (ecu Rebellion or Schifm fo wretchedly defended. Men would have either intirely with aflu- rance entred into a Confederacy with thofe Enormous Sins, or have intirely abandoned them The Method I proposed, was certainly the hell: and mo ft fatisfaftory that ever appeared, but whether I came up to the Defign, the World by this time may judge. I endeavour'd in the firft, and fome fuc- ceeding Propofitions, to explode the Scheme Men have earneftly embraced of a State of Nature. What an abominable Syftem of Politicks and Divinity Mr. Hobbes lias raiVd from that unhappy Notion, is too evident from his Writings, and what mife- rable Confequences have flow'd therefrom, no Man can be Ignorant, who is vers'd in the Modern Attacks upon the True Englifh Conftitution both as to Church and State. I therefore laid down in the firft Propo- ficion, That no Powers in a State of Nature i/oifd he transtlrM bv Individuals to one Per- fon, which every diftinft Member hud not be fore the Compact ; which I find fince h be. But [ 6 ] But I look upon a Man who' pretends to violate the Will of God, as guilty of the Breach of a Divine Law, becaufe the Will of God is a Law to the whole Creation. But as the whole Creation was made for the fake of Man, and he is Lord and Proprietor of the Goods of Life, another Man who is equal Lord and Proprietor of the Goods of Life, can have no Superior Property in the Life of that Man, by Axiom 8th, if one Power can he re/trained by another^ the lat- ter is Superior. But this Superiorty is againft the Hypothecs, ']- hut I take it for granted, no body will deny that Death is a very pow- erful Reftraint. But fome will urge, that the putting a Man to death in my own defence, gives me power over the Life of another. But ftill this is equality of Power, becaufe he has the fame Right ovfr mine, if I Ihould affault him in the fame violent manner. But this Right Gf deftroying my Adver- iary, to prcferve my own Life, proceeds from a Divine Law which intirely overturns my Adverlaries Hypothefes. For it pro- ceeds from the Light of Nature in my Bread, which tells me that my Life is not my own, but God's, who gave it, and that I arn an- fwerable for any Neglect of mine in not prefer- | Sec^ Elements of Policy. P?f. ■», ving C 7 1 ving the fame. My killing him is Acciden- tal in the difcharge of my Duty. But if we put the Cafe that he falls alive into my Power, and I had the ftrongeft Affurities that he either wou'd not or cou'd not make a fecond Attempt, I fhould have no Power to pronounce a Judicial Sentence upon him as a Malefa&or, and Execute him upon a Neighbouring Tree. And this is the Power we Contend for in a Magiftrate. We are not fupposM torefign even to Ma- giftratcs the Power of felf-defence in a law- ful way. This therefore is not the Power of Life and Death inverted in a Magistrate, be- caufe no particu lar Power is thereby deriv'd to him, but 'tis a Superior Power he enjoys, 'tis a Power which we cannot have in a State of Nature, to put Men judicially to Death for Crimes committed. You cannot put a Magiftrate to Death, to preferve your own Life, even by your own Hypotheses ; for if you refign to him the Right of defending your felf in the fame manner as you could only defend your felf in a State of Nature, you have either re- fign 7 d that Power of felf-defence, or you have reijgn'd nothing ; and confequently you cannot take away the Life of one who demands the privilege of cutting yourThroat ; to fuch a pafs is the Argument by this time redue'd. But if the Magiitrate's obligation js only to a (Tift you with his united Powers it [ s ] if your Life fbould be in danger, t\Q new Right accrues to him hereby, becaufc no- ' thing is refign'd to him. I am perfwaded, that thus far I have pro- ceeded fafe, 1 I am confident I tread upon no Ground that fhakes under me; but what I have (aid, is Built upon the mofi: common and obvious Principles. The Coralary was, that all Men are frill in a Slate of Equality. This Coralary deferves to be in fitted upon, becaufe 'tis alone Suffi- cient if prov'd, to put an end to the the Difpute. I do from this Coralary aflerr, That there is no Medium between the Do&rine of Un- limited, PafTive Obedience ta the Suprearn Power, and a perfeft State of Nature ; for, as I have proved before, my own A£t of Cre- ating a Reprefentative, doe9 not give him a Power over another Perfon ; and if he Re- presents a greater Number of Perfons, the Power that he borrows from me, refpects none but my (elf. Therefore if in a State of Nature I had a Right to all things, I have the fame ftill : If my Reprefentative undertakes never fo many Truils, he fhall not give »way my Right ; and if I cafl: my Eye upon a goodly Lordfhip, or Mannor, or upon a Purfe in the Road, the Civil Magiftrate under pain of Breach of Truft, is obligM to aflift me in C 9 T fn procuring the fame. I friay Compound indeed for my Protection, to defift from fuch Extenfive Demands, but I am not tied down t6 this Composition any longer than I pteafe, becaufe no rfuman Power on Earth can be the Umpire in this ContraQr, for the Umpire muft be a Superior Power, which this Representative cannot be, as appears from what has been already faid ; for he has DO Power but what he borrows from me ; The Obligation thefefore proceeds from my felf alone, which I can dilfolve at my Plea- fure. From hence I drew the laft Corolary, That the King can make no Contracts to oblige hisPeople; whatever he does in that Cafe, can be Obligatory nootherwile,thanas it is the Aft of every individual j Which is in effcCr. no more obligation, than what the indivi- dual plfcales to impole upon himfelf. I Conclude from what has been faid, that the (uppofition of a State of Nature, makes us in a State of Nature ftill, all the Imagi- nary Contra&k made fince, are no ftronger thari the green Wyths with which Sam*jor Was bound, which he could break at hi<* pleafure. The Second Proportion States more fully the Nature of a Reprefentative, which ccr tainly conduces very much to the fettling our Queuion. C The [ to ] The Definition of a Representative, is to exereife a Power tha$ was originally in fome other Perfon ; a Reprefentative, is, a Relative Term, and fuppofes fome body , reprefented, who mult , be the Perfon by whom fuel} Powers are transfer'd ; but if they 4re tranf- fer'd paft Refumption, the£erfon. to whom they are tiansfer'd, enjoys the foil. and com? pleat property independent pf aoy pne el{3; JBut if the Power can be taken a,way by another, that Perfon mull have the Right to take it away; which Right muft b^ invefted in him by fome Law, he muft be cither the Executoi\pf a Legai Sentence in behalf of another ; as , when a Sheriff Dii trains the Goods of ^ Pebtpi- upon an Execution, in order to reftpreajuft Debt to a Creditor, or die Perfon muft have an. immediate Right thereto htmfelf. But the firft part of the^qpppfition dpe£ not come under this Nptiop,.. bpc&ufe ,the Right muft lie between the Representor, and the Perfon reprefented. But if we grant the fecond, the Perfon reprefented muft have tjie immediate Right to that Power which the Representor enjoys, who aftsby no other pretence of Right, but the fuppos'd tacit conlent of the Reprefented. ,.„•• I wou'd know why I may. not as legally demand back my Power lent to another, as my Money, they being both equally my Pro- perty ; C i*1 petty ; and upon this prefumption IdeducM the following Corofary. That Robbing upon the High- Way is a very laudable Employ ; for it is not to be imagined I lent my Power to another, to my own prejudice ; and if I find my Cirfcunn- ftances narrow, what Power on Earth can forbid my enlarging 'em, as I have a Sd- pream Power in my own Breaft, by the judg- ment of that 1 fhall Stand, or Fall; another Man's Plea to Property, fhall be no Bar to my Claim, which is as unlimited as the Globe o'er which I range. I am fqre no Whig in England will deny, that before this imaginary Compaft I h'acf an incontefted Right to Rob,' a«d if I haVe transferee! that Power fince, itvy Sovereign has got it. But what havock \vou*d this make with Liberty, and Property. But what an open infult upon the freedom of Human Nature is Tyburn, a fad Monu- ment of Slavery, and Arbitrary Power, can any Man believe that I lend the Prince a Power to Hang my (elf ? Can I not call in that Power upon the laft Extremity ; then furely, or never, I may bring thb Gentleman to an Account, and burn his Dead War- rant. • But to be ferious, all the Argurnents that have or can be deduced from this Scheme of a State of Nature, amount to this fingle C 2 Topick, [ " ] Topick, that I have lent in Trufl: to a certain Perfbn, thofe Powers, Rights and Privileges Nature has beftow'd upon me, they are m jne ftill, when I pleafe to call for them ; and when I have made this Refumption, I am fcee from all manner of Dependance. The World is my Claim, and my Father, Mo- ther and Brother are but Trifles, if my Am- bition leads the way. But, fay feme People, the Perfbn repre- fented, has obligM himfelf not to refume tliis Power, but in fome Cafes of juft Necef- fity ; but who lias Conftituted a Judge upon Earth of thefe Cafes of Neceflity ? If the Prince is the fole Judge, he is advanc'd to a greater fhare of Power dian I defign'd him, but if I am Judge, my Decree (hall be Judi- cial, and the Prince fh^U be guilty of an A£fc of Hoftility, if he Hangs me againft my own Confent. And when he procures even that, which is a large Step, lie is not much the nearer, till it can be prov'd tliat I have Power to Hang my felf ; becaufe he a£ts only by virtue of that Power he borrow VI from me. Distributing Punifhments neceffarily (iip- poles a Superior Power, Coercion being a diftinguifhing Mark thereof ; but I cannot give another, greater Power than 1 had my I Con- c n 3 I Conclude; That a Reprefentative mud be accountable to the Perfoa \}t reprefenjv confequently no A£t of a Reprefentative in prejudice of my Right can beivalid- I proceed in the Third Prppofition, tode^ monftrate, That granting even a State of Nature to have once prevail^ and an Ori- ginal Contract to have fucceeded that States neverthelefs the prefent Agfe cannot be in- cluded therein* I may fafely affect, that the Children of thofe Parents who made the Ori* ginal Contrac!:, were not included therein* Confequently we are not. But that die Childreacou'd not be included therein, may without Difficulty be provM* The Children unborn cou'd not be inclu- ded by any formal Confent of their own ; k remains, that it muft be by a Right their Parents had over them, or by their Tacit Confent when they came into the World, If the Parents had a Right to oblige them td enter into thfa Cbvenant, they had confer quently a Coercive and Superior Power, which cou'd be given only by God himfd f: Which Power thus given, muft be eftabliflfd upon the ftrongeft Foundation, even a Di- vine Law* Confequently &4dam had thfe full Parental Power inverted in himfelf ; any A£k therefore of this nature done by him, would have been equally binding to his Po- sterity, as the Original Contrad: of theft State of Nature-Men- Thus C 14 ] i.Tfaus oAdarik js^evfdendy rriade ! out to have Xpz§n the . Supream jPower <& tfhe Unrverfef without any Original Cont raft, which is very inconfiftent with our Adverfaries Scheme; of the perfe&.eqmJiey m a State of Nature ; for here is a Monarch already pointed out, who cou'd by j!i f'uoj b But ifting *ham^ what Rclap* % jt»r> can WPj tevfe to. thefn at fchis'diftance *f j&uje ? JiccjiicU^^h^^forfi^/tliacJlich; remote .Q?mpa&$ .c&qjiQt aflFe£fc me*> I ;if i their imme- <|fcte Children edifincetothem, £$ £ ,has hsei* efffc&ually Worn out in regard to u$ fmce ; *and.I w very confident, the next .Qeper^tion. M r iU fcarce think ithemfelvies b- bljg'd to; (land by fomq Confccafts their JPa- thers have made at this Day. c ; . . \ - Ccrjfequently the finft Corollary muft Jftand good^.tbat ;every Man is free fnooLhis iBiftl), and -maty irefiife to be r Affociated with his fellow Creatures. ' . ' . • Suqh Obligations as lmve been here men- tioned, cou'd never arife frpn* fwh a State of . Nature, and if we grant a $&t&. of -Nature, we muft deftroy the Power of Parents over .tlfcir Children, and diffolve th/e $th Com- mandment. .[ . From what has been (aid, 4 J may fafely Conclude that? this State of Nature has the moft ijgly Confequences fatal to Human So- ciety, and induce a perfect Anarchy into the World. I fe,e no ' Reafon to imagine that • »; M God t3pa&i jprovided no better for tfte Creation^ when beharii rate'd > it out of ttortifag. No? cou'd the All-feeing Bye oft^roviaence not b& a Ware of this Havock antongft Mankind, tfe * mifchievous 'tfc a wicked (upjiofition to enter ihto ri^ttfoiights of Man to conceive* % jvwo Men cou'cl never live fafely together Without Government* and fhalt we believe fctoaci numbers 6f Rational Creatures were ivpotr the . level -with Brutes, and had their fteafon givtrc them (toly to \W>rry One ano^ and to the mod prevailing Cuftoms of even the moft barbarous, as theciviliz'd Nations; Na- ture pleads in their behalf and every Man who has had the Comfort of Children can bear Teftimony in this Cafe. What Regard God has Ihewn thereto, is evident from Exod. 15. 2» Santttfie unto me alt the Eirfl-born, vohatjoever ope net h the Womb among the Chil- dren of Ijraely loth of Man and 'Leaf!, it is wine* With [ 2J ] With Indignation therefore have I feen thofe who owe their Coach and Six, -with all their flaring Equipage that lets them above their Neighbours ; to this very Right they curfe ami damn to the pit of Hell ; tho 7 with- out it, they might have perhaps exchanged a Seat in the Senate tor a Counter, and a Co- ronet for a Blue-Apron. Nay, lb me I have known ("whole Blood, unlefs enrich'd by a Mixture derived from thence, would have been as low and poor as any that took its Warmth from aDunghil) fpurn at and deride even this Right to which they owe their Honours and their Fortunes. Why do forac vainly boafl: of their Anceftors, and afTume their Enfigns o'f Honour ; what Right can they have thereto, if Primogeniture gives it not. And, I conclude, That as the Civil Go- vernment is a Branch of the Parental, it ought to be rever'd as fuch, a King is our common Parent, and we cannot ftrike hiim and beguiltlefs. My feventh Proportion was, That Govern- ment, by which I meant Lawful Government^ is of Divine Right. The gaining this Propofition, I look upon as equivalent to making a lodgment on the Baft ion of a fortified place ; the Enemy would find it very difficult to diflodge me, or pre- vent my intire Conqueft over the Body of the Town- Mr. C H ] Mr. Hooker, notwithftanding he ftuck fo clofe to a frate of Nature, has given up the Queftion by one Conceflion, viz. That the Uw of Nature requireth fome kind of Regi- ment, what kind of Regiment is not my Bu- finefs here to difpute ; 'tis lufficient for me if it retains but its Nature and continues Go- vernment (till, and the Properties of Govern- ment are inlarged upon, in the fucceeding Pro- portions, i But to proceed regularly, I fhall fhew what I mean by Divine Right, and I fhall prove that Government is founded upon a Di- vine Right, I mean a Divine Command de- duced from the Nature of the thing it felf, and in this it differs from the pofitive Inftitution of the Jews ; as to their Ceremonies and Legjfla- ture, they extended to one part of Mankind, and they were the Arbitrary Impofition of God on tiiat People. But a general Command de- duced from the Nature of the Thing com- manded extends to all Men ; fo Tythes may be proved to be of Divine Right, and all Commands which have moral Reafons atten- ding them. I fhall prove Secondly, That Government has the Sanction of a Divine Command in tbat manner ; for if God ( which I have proved) created us into a State of Govern- ment, from the Beginning, and if we can conclude tLat 'tis againft the Light of Nature for any Perfon to DiiTociate himfelf, the Ar- gument C 25 ] gumdni fc : half got over, and may for ought JP know,' make its way without even the ne-* 1 eelfity oP £ Tekt from Scripture; for if we grant that Men were born in a State of Go- vernment, ar^l God inverted aAdam and his Poftericy With Soveraigri Powers. Men could r\6t by any Adt of their own be freed from fnch Obligation^, it remains that we exarhfrfe : whether any external Accident could let them free; if we put the Cafe that the Line (hould be entirely extinguifhed, and no fupream Power, fuch a Society could be fcjnd, the People are for that time in a ftate of N&tijre, but not in fuch a ftate as Bp. Ho a rit.F.y ar/d others imagine, with all thofe dreadful Confequences attending it above- mentioned: But' they are like a Head and Body parted, they are' in a Condition not more tolerable than for a Fifli to be upon Land^ they are obliged to return to their former ftate. But tho' they choofe a Perfon who ffoafl be their Supream Governour, he cannot derive his Powers of governing from them, tor the Reafons I have given in the preceding Proportions. I fay therefore, that if Accidents fhould de- ft roy the Hereditary Pretenders to a Crown, the People arc obliged, by the Law of Nature to enter again into a ftate of Government, and to place the Supream Power either in one or many to ftipply the Detect ; as to Original Conlra&s, and referving to themfclvcs the E D<> C 26 ] Depofing Power upon Male Adminiftration, thefc are Chimeras, and are i neon fiftent with the notion of Government, and run us upon alL the Contequences above mentioned of a fup- pos 7 d meer State of Nature. I (hall prove 'tis a perfect Abfurdity to reftrain the Su- preani Power. But iitch irrefiftable Supre- macy is ablblutely nectffary to a Society. I conclude therefore, that as God created Men into Government, 'tis hisPlealure they fhould continue!?), which Pleaiure is moll certainly a Law to his Creatures. But we need go no farther than the 13th of the Romans to prove the Divine Right or Go- vernment, which I fhall briefly and perfpi- cuofly lay down, and let the Reader judge whether my Senfe or thatof fome othersmake St. 'Paul fpeak more becoming his Apoftolick Cha rafter. The firft Verfe runs thus, nat then were in pof- feflion ; but we on the other fide, That the Reafon of the Command is deduced from hence, viz* That all 'Power is from GoJ 9 which I am fure Teems the more rational Mo- tive of the two. The ft reft they lay upon the Powers that be does them no Service, what- ever Prejudices it may raffc againft St. Paul^ becaufe they own thereby the Divine? Right of *De Faito Government, and they muft like-Wife own that the Refinance of any Power in'PofTeffi on is unlawful, which is in fhort condemning all thev would take fo K 2 much r*8 ] much pains to juftify ; the odd and fantaftic^ Conclufions they draw, are luclv as. woulq; latisty only thofe who have got fometbing to lofe, or have been us'd to ride in a Coach and know not how to walk on foot. But they can never ftand the Teft ^gainft pyre and unbiaiV' Reafon, and an honeft Inquiry, after Truth, lay they, That the Powers that be, are the r prefent ; Ergq we muft fubmit to the prefent, as if the Powers mentioned, as prefent 1700; Years ago, had any Relation to tjiefe; at this> Day. But they fay, oAUTower is from God.. They muft either fay all Power is juft, or that God muft be the Patron of injuftice* which is a Contradiftion ; becaufe, the Pow- er proceeds from him cannpt be unjufty unlefs we place a Power above him. to. lettle the Laws of Eternal Verity : But th^Jvliftake in a great meafure lies in the equivocal found of the Word Power. jn EvgU(l) r which fignj- fies either the Powers that Men e^ercife by juft and lawful Authority, or ufurped ViQr lences ; which alas, God is lb far from giv ing a Sanction to,, that they are curs'djby him here and hereafter* in Deuteronomy^ Cjirfcd is he that removeth his Neighlouv' 'sl^pnd-maY^ and more curfed furely muft he. f be, w|io re? moveth a Crown from his Neighbour's Head, we muft therefore diftpgu^ft>, bet wqe^ I^qvoxcl and /3/ce. Vovwr. qntl yj^Je^f^ \Bu.t £9 fay that God i$ tfys, Author .a^iV.ipl^c^ ip J31afphemy ; how contrary j* th4S,}J#>$hat ex- cellent c^Uent Defcription of Monarchical (Powdr in- the Book ot^Wifdom, Chaf.:6. Pbrfes -^4^* For Tower is given you of the Lord and&ovt-* raigntyfrom.Xh^.Highefi, whoflikll try>your Wjtfksj and featcb out your Councils', lecauji ) beiftg Mini(lers\of the h^iugdom,>you have hot* judged arighfiy nor, kept thk Lain, nor walked' after the Council of God, horribly and /'feed?-; ly pall he come upon you, for a (barP Judgment Jbalt.be to 0em that he in ^Higb Places, for 1 Mey-cy JhaJlJap/rpiwdon the< meancfi^ but migb» ty Men flwlL fa mightily tormented. Bat ift ^11 Power indifaiminately. is. .from God, the* Power of doing 'unjuft Aftjoos muft befrdfir God, and Tyrants oppreft by Divine Rightu Bufr if we. (Uppofe that God ton Reafbns "' beft known to hinxfelf fhould permit a TheCa^i* Cromwell, on any one yoii pleafe befidci^ ^> invade chciri, Native Country^ and derhr&ne' their Matter*. I ask whether fuih aPerfon, 1 witjiout &*prefs Divine Revelation, to Autho- rifehim to, commit -the Fa 6fy< wou'd not bi am eternal Villain, and haveall tfcfe fmGbifyteg Seeds of Jnjuftioe in him^ tflirf God ffeoulcl permit the Fa 61; away i then, with yqur^prt)- vidential Kings^Jyou may as well plead in be* half ofprpvidentjai Plagues, and providential Famines, as providential Ufurpers. But to return, 1 hope i. 3 Tis fufficicrttly provM that Obedience to the Higher Powers is in this Text commanded* from the Reafon of tlie Thing, viz. <*AIL Tozve* is from Gdd. The C ?a J Tfie fecond Verfe tells you, That ivhofoevtr refifieththat 3W?yy refifieth the Ordinance of God, and that they .who refifl jhaU receive to thtmfelvts 'Damnation. I conclude, That the Government of the Roman Empire was the Ordinance of God, which confirms my Pro- position; That all lawful Government is the Ordinance of God, even tho' it commences a new fince the firft Indention of Government by reafon of accidental Breaches ; for tlie Row man State arofe from a perfeflb State of Na- ture into a Monarchy? from whence it was tura'd by Rebellion into a Commonwealth, aad by Rebellion, from a Commonwealth intt) a Monarchy again, and this very Mo- narchy after a firm and equal Eftabtifnment which it procured by the Ceflion of the Ro- srHm Senate was become the Ordinance of God, and the Penalty of Refilling that Or- dinance no lefs than Damnation. I fhall not infift much upon the trifling En- deavours of feme to baffle the word Dam- nation, under the umbrage of the Greek word x^cois, and make it dwindle only to hanging, becaufe 'tis feHe as to faft, "that Rebels always receive that Diminutive Sen- tence, for fametimes they profper, and are above it. It feems to me that the word *.e/ ddix Society CbrfTufidrf 1 ; \tre triuft da&'vpihe WeafrfVas focrfi a&ttt rhade; feaft' fffcifiAemy 'fllould enter Warid'takt* advan- tage ofqW jFfaft^Jrtefs ; "bufitof* Cafe is'nb better in 1 an trfbrj^cf 'GoverttVneht^ when We cMf of tfte ' Y&T£e r of ■ bur* MwfuK'*Princej We rittt"0(if ftlv^sitita'a (latdbf, N^'tire, ' j 'T!uts; "KkteJl tfikde ll way &r thd E?£Mh Pco^bft'cion', thatthe'ffi'ariueracdording to the different Ct\ft0mi fif Natfdhsf 'in defigqing' thi PeHbn w f - Odd. .1 obfetVM "that pt3pfii_ Of k'faiter rfate'tfiptfr the Orfeirf ^^^overnrhfen^ ahd th^t ^10* rfte 'VmM&' W unnatural Bterfches, f H ' Ibrtjd? .Conff/cutlbhs, have prd- /- gliffj Monarchy is fo contrived, that PoJlefT'- on (which is another fort of Lottery) (hall give a Title, what Contradiction is this to common Senfe? I anfwer, that however precarious the Choice of a Monarch might be, all Conlli- tutions took Care that the Reign fhould not be C 37 3 be fo. But to expofe a State to perpetual Convulfions to invert them by tlie Laws, who by thofe very Laws are declared Tray- tors, with Imperial Crowns, and all the Rights and Privileges of Kings de jure, is fo monftrous to conceive, that we mud have very exprefs Declarations in our E/igliflj Laws toperfuade me to believe this abfurdity. The Afts of Kings c De fatio are with us of no weight, becaufe they were Parties concerned, and the Authorities of thofe Acts is part of our Queftion. But if we confuk what Opinion the Nation ever had of Ufur- pers when they were recovered from tlieir Power, we (hall find when, and where, the Englifh Conftitution prevailed, when it was buried, and when it rofe again from its Ruins. To omit the Ufurpations before the Con- queft as too remote from common View, I fliall defcend to the firft Ufurper after, vix. Steven. The Author of the Book of Here- ditary Right has fuificiently proved, that he was oppos'd by the Emprels Maud and her Adherents, notwithftanding his being in Pof- feflion, as an Ufurper : And Henry the 2d when he had obtainM the Crown, deposed the Noblemen made by Steven, as meer ima- ginary faife Earls and Lords, fee p. 55. The Lancaftrian Ufurpation had its vari- ous turns, till it was finally overthrown by Edward the 4th, and for ever Mailed by the moft folemn and memorable Ads of our Confti- [ ?8 3 Conftitution." The Houfe of Lords declar'd upon a full Hearing of the Pretenfions of both Parties, that the Duke of Tortus Title could not be Defeated, and Henry the 6th join'd in the Determination of the Lords, that the Duke of York's Title was juft, law- ful and true. And Henry the 4th, in a Pub- lick Proteftation made to the Parliament, dif- own'd the Right of Conqueft, as has been obferv'd by the fame Author p. 107. he has alio proved that fome Acts of the Ufurp- ing Henries were of no Authority in the fuc- ceeding Reign, becaufe not confirmed there- by, p. 138- as for Richard Duke of York's attempt to recover his Right it was agree- able to the Law of Nature. But I am fure the Attempt of a Perfon who has no fuch Title is by our Laws High-Treafon. Thefe Ufurpers 1 Ed-w. 4. c. 1. were called pretended Kings, and Kings in Deed, but not in Right, and their chief Adherents were attainted by Aft of Parliament, which they could not have been if they ferv'd their law- ful Prince, all Afts done in prejudice of Richard or his Heirs were declar'd of no Force or Value, in Henry the 8ths Reign, they were adjudged Tray tors who fhould by any means Council or endeavour to interrupt the Heirs of Henry the 8th in purfuance of his Will, from inheriting to this Kingdom. This A£t we may fee 35 Hen. 8th, c. 1. and the fame feconded more ftrongly in the 1 ft Edvty. C J9 3 ifl Ed-iso. 6. 12. That if any of thofe Per- fons to whom the Crown was limited, fhould ufurp upon one another, they fhould be ad- judged Tray tors, and fuffer the Pains of High-Trealbn. I give the Reader this fhort Sketch that he may fee how much our Enemies impofe upon us with their Mountebank Pretences to their having the Con(titution on their fide, when they have the whole Bulk of the Englifh Laws againft them, and they are fbrc'd to recur to the miferable fubterfuge of Laws made by Ufurpers to prove their fide of the Queftion. My Ninth Proposition is the Refult of the foregoing, for if all Legal Eftablifh'd Go- vernments are of Divine Right, the fupream Power in any cannot be Refitted. But I have obferved "Junius ^Brutus , alias the French Hugonot TBeza, in iiis Book calPd VindicU Contra Tyrannos, has not in the leaft clear'd what he meant by the Supream Pow- er, and the Refult of his Book is, that all Governments that ever have been in the World were Commonwealths. I fhall not contend with him or any one elfe about the Name. King, Duke, Ele&or, Landgrave, is the lame to me, all that I ftruggle for, is to know whether the fupream Power is lodg'd in one or many, and if he could prove that the States of oArragon were part of the fu- pream Power with tlie King, he only proves oArragon [ 4o 1 eArragOH a Commonwealth, which lam fure is very little tothe purpofe of Rebellion : if lie had laid down that the States had equally Coercive power over each other, upon Male Adminiltration he had enlarg'd his Queftion from its Intricacies and Shackles with which it was Involved. But if he would infinuate that no Nation was under a Legal Admini- itration in which the Supream Power was In- verted in one, I make bold to tell him he is miitaken as to FaQ:, and I flia.ll Indeavour to prove him fo in the Sequel. Our Adverfaries therefore vainly Clamour againft us, as tho' by alTerting the Doctrine of Pa (Five Obedience, we confounded all the Civil Rights of the People, and made Com- monwealths bend to Defpotck Power, where- as we mean no more than that the Supream Power in every State muh: be obey'd with- out Rcferve in all Things not contrary to the Law of God. This has been the {landing Doftrine of all Ages fince the Creation of the World, and has received a more folemn Sanction from Chriftianity. The primitive Chriitians fubmitted to the moft bitter Per- fections, as Aftsof the Country in which they LaVd. Therefore (i) TertuUian in his ( i ; Quo mod o raihi proponcre poceft: fenpeuram c(Tc Red- dice <\u*t iunc Gariaris Cacfari •> nnles iuc vel Dilacor vcl ine- micits concuyc, nihil Cxfari F.xigens, imo contra cum facicn> cum C£hn(ltantini legibus Humanis Kcum Merccdc dcinittit l\it do tUga in perl ecu c. c. i 2. Book C 4i 1 Book T)e Fuga inTerfecutione, afiferts, 4 That 4 he was an Enemy to C^efar who took 4 Money of a Chriftian to difmifs him fafe 4 from Punifhments. (2) So in his Book &Ad Scapulam: 4 Altho* Treafon be laid to our Charge, *- no Nigriansj dAlbimans^ or Cajfians^ were 4 ever found amongft us Chriftians, while 4 at the fame time, thorfe who buc Yefter- 4 day fwore by the Genius of their Em'pe- 4 rors, and offered Sacrifices for their Health 4 and Profperity, and have appeared moffc 4 - zealous- againft us, liave been the firft 4 in Rebellion againft their Sovereign ; but 4 a Cliriftian is an Enemy to no Man, 4 much lefs to the Emperor, who claims 4 our Love " and Efteem as he is corrftitu- 4 ted by God ; for whofe welfare, with that 4 of the Common- Wealth, we offer up con-- 4 tinual Prayers ; we beftow thofe Honours * - • - (2) Sic' 3c circa MajoftUcem Impcracoris inumaiuur 3c ca- men nunquam Albiniani, ncc Nigriaui vol CufTiani invcnin po- ruerunt Chriftiani fed iidem ipn" qui per gcnios eorum in pri- die ufq-, juravcrunc, qui pro falucc coruni in pndic ufqj ju ra " Vcrnnr, qui \tro falutfe eorum hoftias 3c feceradc 3c vovc- ran* , qifi Cliriftianos foipe Dainnaveranc , hoftca coram funt rcjbcrfi, Chriftirfnus, nuHius eft-hoftis nedum Impcraroris quern feiens a Deo fuo confticui, necefTc eft ut 6c ipfiim dili- gat 3c rcverearur, 3C honorec 5c falvum ert'e vclic cum toto Romano Imperio quo ufq-, feculum Arabic, tamefiu cnim ftabit Colcmus' ergo 3c Imperacorem fie q-uomodb 3c nobis facet & ipli expedic xit hominejn DeO fecundum 3c quicquid eft a Deo con- fecutum, f6lo Deo minorem hoc 3c jpfc volet lie enim crmni- bus mdjofeft dum fold vero D<6 minor eft, lie &f i^fis Deis major eft crura ipf?in poteftate Tunc ejus icaq; 3c »acrificamo5 prd faluie FmperatOris fed Deo noftro 3c ipfiud. Ad Scapulam. c. :'. G * ' upon C42] u\)bn the Emperofc*, which are mod pro i per for us to give^ and him to receive, as .next to, and the ^immediate Subftitute of God : Which is as much as he cart defire, L as he is Second to< ncfrhe but God, and con- c , fequently abovfc i ill your inferior Deities, '• who are under- his Prote&ion and Care, < we offer Sacrifices/ for the la&cy of the '. Hmperor to his. and our God. ^gainto ifhew that the Chriftians ill thole Days tlid not want Numbers. (^) t 'What will you do with ft)! many c Thousands of Men and Women of all A- 4 ges and Qualities, who offer themfelVes to '. you, what Fires aud what Swords tnuft ' you have occafion for. ->H6 alio fhews that Martyrdom was a Grown to be fought after, and I not avoided by indirect Means. (4) 4 For when we are exhorted to Pati- c ence, it has refpeft to our Paflions, and 4 when we are warned to flee from Idolatry, 4 this (\) Hoc h placucrir. <9e hie fieri quid facias de rain is milli- bu* humiiiiun. rot Viris ac Fx minis omnis Sexus, omnis ^fcta- tii , omnis Dignitatis (liferent is fe tibi , quantis Ignibus, quanti.t Ciladiis opus tibi erit. ib. c. 4. (4; Sic &.' iicuc Tolerantiam prascipie, quibus magis cam quain paOionibus prolpicit, lie ubi ab Idolatria dcvellic quid e.1 magifi quam Martyria pcMycljit, plane monet Romanos om. rubus JPotcilacibu-. Subjici, Quia non lit poteftas mil a Deo. Q.uia non Hue Caufa gjadium, geftet, p, fcecaufe all 4 Poweiv j$ fr$m <5od* 'afid the Magiftrate 4 does nqt; 4eaj* the .^^yprc} ; ia vain, but is 4 the Minifter of God., a^pd ; ayenger upon f. thofe tJbuMJi r.do .ill, for l>e .before, fyd, that * Prinaes ar^ n^Qt a Tw*Qn W> gppd, Works, * but to i ill^- but wpu'dilfhPW noi: ,fe&v, the 4 Power, do t,hat whioh-i?/ ggqd, aadit;l>ou 4 fhalt have the Praife,, for he is rije^Mjpi- * fter to thee for good, . , &up if thpu dpeft Er 4 vil, fear. So that hp,|dQe^[not p)ac$. ! rf)e 4 fubjeftion to Magiftr^s in avoiding Mar- 4 tyrdom, but in 3 gpoc} rftife, refpe£jting 4 them as Patrons of Juftjce, , ^jid lyjinifters 4 of Divine Wrath to %b& wicked. He there- 4 fore tells you how you ihall ,be fqbjefb to 4 the higher Powers, ^o(nn)aiiding to give 4 Tribute to whom Tribute, to Cafar tjiofe 4 which are C pream Power, that Power muft be fome- where elfe ; if it be in t]ie People, we run back into a ftate of Nature ; if it is in any leiTer Body, it muft be a Commonwealth ? For aBody of Men may conftkute a Reprefen- tative with full Power, without altering the Nature of a Commonwealth ; as Rorne^ when it chofe a Di&ator, inverted with the coin pleat Exercife of all the Majefterial Pow- ers, the Diftator was the Reprefentative of the Senate, and Rome was a Commonwealth No Body will deny, tjut that if the abib- lute fupream Power was inverted in one fingle State as fully as my own Hypothecs could fuppofey [ 49 3 fuppofe, tlut this couM be a compleat Mo- narchy, I ask whether dividing this Power amongft two Perlbns, or as many more as you pleafe, would not alter the Nature of this Government? by what Name then fboula we call it ? a Monarchy, it could not be, for if the Supream Power inverted in two, is confiftent with Monarchy ; the fame Reafon holds that Twenty, or a Hundred, or a Thoufand, may have the Supream Powei* in a Monarchy, and confequently Venice or Holland may be Monarchies, and the WorcJ Monarchy is an Individuum Vagutn. If, thefe PrernifTes are carefully cflhfiderM, a mix'd Monarchy will appear a flat Contra- diftion • for if a Monarch has not the 5 full Supream Powers originally invefteu in him- felf, he muft have them fomewhere elfe, and be confequently a Reprefentative of another Power. If any P^rfon can (late any other diffe- rence between a Monarchy and a Common- wealth, I fhall be glad to find it. But when we come to our English Confli- tution, we have numerous Contefts for and againft a Commonwealth, and lb unjiappy have the Notions of fome of the moft zea- lous Afferters of Monarchy been, thac While they have fancied themfelves contend- ing for Monarchy, theplan they have laid in their heads of our Englifh Conftittition, has been pure Commonwealth* H TN 1 50 ] The Cornells about the difpenfing Power at the Tiyal of the fihhops in King J&nes+s, Reign, was but a mill to hide a Scheme for a Commonwealth, If fopne Gentlemen in that Tryal had fpoke their plain Thoughts, not diiguis'dby Tricks and Cdlufions, they would have fpoke Treafon enough, at leaft to defer vc Hanging. I conclude our Laws have pointed out to i£» the Supremacy of the King. "Braiion has told us, the King has no Su- perior but God, in more places than one or two. But the Supremacy of the King will more plainly Appear from a view of the Nature of Homage, 'tis given us in Littleton §. 85. Thus ydien the Tenant (hall make Ho- mage to his Lord, he fhall be tingirt, and his Head uncover'd, and his 'Lord fhall fit, and the Tenant fhall kneel before him on both his Knees, and hold his Hands jointly together between the Hands of his Lord, and (hall fay, Thus I become your Man, from this Day forward, of Life and Limb, of Earthly Worfhip, and unto you fhall be True and Faithful, and bear you Faith for the Tenements that I claim to hold of yon (laving the Faith that I owe unto our Sovereign Lord the King) and then the Lord fo fitting fhall kifs him. - From this Homage, I conclude, that all the Land in this Kingdom, is the intire pro- perty C 5' 3 perty qf the King , and tliat Allegiance to him is the Condition by which every Subject holds his Lands, which is proved by Sir Edward Coke, in his Commentaries upon the faid Littleton. §. S Lwds and Commons i jointly ; // the KJng has * Tower of Calling and ( Di£i>k>i#g Tarlia- wents. We mull obferve in what Capacity a King Calls and Diifolves a Parliament* A Modern notion prevail? that rthis King- dom is Governed by Three EftateSi, and that the King is onfe of the Threte Eftaces. But this is a Miftakfc, for the Three Eftates wene anciently the Lords Spiritual, Temporal, and the Commons. 4 Inft. p. J. The Writs of Summons teftify that die King calls them Authoritatively to f Parlia- ment ; they are call'd to Advife and Con- ill.lt. "De arduis £f? orgentilrti* negotiis Reg- ni Noftri aA/fglite & Eccle/Le eAnglicau* Concernentibus^ They are fuppos^d not to be the Handing, but the occasional Council of the E 62 y the Nation Summoned. Colloquium halere fcf? Tra&ate cum Rege. •'• When they are Met,fb EfTential is the good Will of the King towards his Commons, Sir Ed. Coke obfevves. 4 Inft. p. ^5. That it was one of the Petitions of the Commons to the King, that he wouAl require the Arch-hifhop arid all others of his Clergy, to Pray for his Eifate, for the Peace and good Government of the Land, and for the Continuance of the King's Good Will towards his Commons : He lays moreover, how the King in nil his weighty Affairs had us'd the "Advice nf his Lords and Commons, (fo great a Tru»r ind Confidence he had in their^ a!\vnys : pro- vided that both Lords and Commons keep them within the Circle of the Law and Cuftom of the Parliament. I wou'd ask whether 'tis proper to fay that Servants fhou'd put TrulV and Confidence in their Mafter, or that they Ihou'd Petition theMafter to bear goal Will towards thorn. I am fure this founds to me like the Acknow- legement of a Superiour Power, Sir EdiwardC-oke obferves when it was de- manded by the Lords and Commons, what might be a principle Motive to them to have good Succefs in Parliament, it was anfwer'd, Eritis . in] r wper abilts Ji f iter it is infeferabiles, exflofum ejt Mud TJiverbium 'Divide £ff im per a cum Radix Si? vertex Imperii in obedr- entium conjenfu rata funt. No 0*3 ] No Perfon will deny* who underftands*. tlijC leaft of our Laws, that t!*e Kind's Writ is Efleritial to a Parliament* but if the King is their Servant, their Writ ftiou'd be Eifcntial to make him a King^ and las he, Pro- rogues a Parliament, .and Diirolvcsit, if hciis but upon an Equality, with them v they fliouM have Power to Sufpend or Diilblve the Ex- ereife of his Authority. But what then is become of the Ma\im, The K/#£ ?tever 'Dies\ Or, How can they Exercife fuch, pre- tended Jurifdiflion when- they* ha vq' no Being thcnifelves ? ., TJigy do not Meet as an Independant and Supream Body, for it was declared, by Lords and Common jn. full Parliament upon ,'/)£•- ntand, made of them in behalf of the King, That) they cotfd nop? oAjJent to., any thing in 'Parliament that tended , tQ\ the\ 'Disherifm of tfyp KJng and.\ hi* CtQ^n pw hereunto they voer^ ^voortu 4 Inft.; p. 14,.. ,. , - r -. The Death of. t(ie J£ing Di/Tq)vp$ tjie Par- liament, as Shy Edth of March, following, fbas« the Parliament was Diffolv\i by his Deceafe. Thereupon it was aQueftioifc whether the. Knight*, and Burgeifes fliQu'd have tjheir Wag^s* , ipeing nothing pafe'd iim } tjvat ,PadiamenJU 4 , Inft, p. 4^. ., .-': . If the King's. Death, without ^ny, .previ- ous Aft of his own, DiiTolves a Parliament, ! U 1 64 1 it amounts to Denaonftiation to me, that they owe their Vigor to him, and not he to rhemt; it i fhows they owe their Being not to che fiffentiaJ Part of the Conftitution the Politick, Hut the Natural Capacity of the King ? for if the firft, as the moft Learned f ude Jenhyns obfeves, The Parliament cotfd not Ceafe kf an the KJugs 'Death-; becaufe the MZjng in his 'Politick Capacity never 'Dies. See his Lex t err*, p. 10. 1 Coke in his Commentary upon Littleton Sells us, None can *Begin y Continue, or *DiJ- folve a Parliament but by the King's oAutho- 'fiity, §. 1^4. -Which fhews the Houfes do not* Meet &y their Own; Judge Jenkyns obferves, The KJng is the Head of the Parliament^ the Lords the Principle Members of that liody, the Com- mons the inferbour Members, and fo the "Body is Composed. Therefore there is no more Parliament \yithout a Kiag, c'lan there is a Body without an Head. '■$.' p. 17. Sir Ediv.Coke obferves^ 4. Inft. p. 2. The King is Caput Principium £$ finis Par- liament i. I am fare i( he is the Principium, lie cannot be the Reprefentative of the Par- liament/, ' We may obferve from What has been faid, riiere may be an Interval between Parlia- ments. But as Judge Jenkynf has mutfh to the purjtofe 6bferv\i,p: 57. There ean be no Interregnum . The The fame moft Excellent Perfbn has in p. 57. made an Obfervation which plainly proves the Dependance of Parliaments upon the King, which Is this. Queen Elizabeth Summon'd her firft Par- liament to be held the 2jd of 'Jan. in the firft Year of her Majefties Reign. The Lords and Commons Aflembled by Force of the fame Writ. The 21ft Day, the Queen fell Sick and couM not appear in her Perfbn in Parliament that Day, and therefore Pro- rogued it until the. 2 5 th of the fame Month of Jan. Refblv'd by all the Judges of Eng- land, that the Parliament began not the Pay of the Return of the Writ, viz. 2jd of Jan. ;when the Lords and Common Ap- peared, but the 25th of the fame Month, when the Queen came in Perfbn. The Derivation of the Word Parliament i£ from Warier, to Confult and Treat. No Majefterialnefs can be Extracted from the Word which is naked and free from all Ter- rour and A We. There is a Difference,, even in th£ Writs, for Summoning the Lords and Commons to Parliament. Trie firft are calPd to give Council, and the latter to Confent, therefore the firft are moft properly Conciliarii Regni; Whatever Sir Ediv. Coke may pleafe to fay of the Houfe of Commons, being a Court of Judicature, the Houfe of Lords, I am fare, is more compleatly fuch. The Power K: of C ^ 3 of the Houfe of Coutfnons extends only over their own Members ; and fuch Inftances Sir Edw. Coke alleges, which may fts well prove a. School a Court of Judicature, be- cau(c the Matter has a Power of Whipping his Boys. But we muft obferve, the King is fuppos'd to fit in the Houfe or Lords, which enables the Houfe to Aft as a Court of Judi- cature; and by Petition to him a!s Sitting there, Writs of Errourare Reversed or Con- firmed, as Judge Jenkyns aflerts, p. 102. He obferves that Court is only the Houfe of Lords when the King Sits, which proves that he gives Luilre and Vigour to all Authorita- tive Aflrs. Sir Ediso. Coke obferves, 4 Inft. p. 6. The Parliament does not Commence at the Re- turn of the Writs, but by the Trefence of his Royal ¥ erf on, or his Refrefentatives. Strange that the Rcprefenter's Reprefenta- tive, mou'd have more Power than the Ori- ginal Mailer. I Appeal to common Judgment, whether ever any Parliament did Sit \Vithout the King^s Writ, which was net Blafted after- wards, when the Law r s cou'd have their full Force again : And our own Days can Wit- nefs the Convention was made a Parliament by the Prince of Orange after he was made a King by that Convention, they were fenfiblo that Royal Authority was Eifential to a Par- liament/ The The Houfes without the King are no Body; Corporate. The Members of either may be Fin'd, Hang'd, or Beheaded, if they incur thofc Penalties by the Breacli of the Laws. But none can fay fo of the King, beewfe ift Parliament or out, his Natural Capacity cannot be fever'd from his Politick. Neither can the King be fa id to be Vertually in the tvyo Houfes, without his own Aft or Con- fpnt ; for that wou'd make him no more than a Reprefentative of the two Houfes which I have Confuted. Thus far have I proceeded to fhew what Dependance Parliaments ever had upon the Crown, and what an extenflive Branch of the Regale the Proroguing and Diffolving Parliaments is. I am very confident we want no better Criterion for finding the Supream Power, for that Power in the Interval muft be in the King, or Vertually in the Houfes, or no where. I have provM it cannot lie Dormant. If it is in the King, for that time my Queftion is granted ; but if it is Vertually in the Houfes notwithftanding their Diflblation, there has been a perpetual Succeflion of Parliaments without Interval, ever fince the firft: Parlia- ment began, and the common Maxim, that the KJng never T)ies y may mbre properly be applied to a Parliament." But furely the fending New Writs for Electing Knights and Burgeffes vacates the Commiffions of K 2 the [ 68 ] the Old ones, they cannot both be valid a*. the fame time, Confequently one Parliament artificially Dies to make Room for a new one, which receives its Vigor from the King's Writ with- out fo much as the aftual Confent of per- haps one Member of either Houfe. Such Power cannot belong to either a Doge, Stadt- holder, or Preficjent. But alas ! 'Tis the known Maxim in our Laws, that the Breath of a King which pro- nounces the Diffolution of a Parliament, is as fatal as the Eyes of a Bafilisk, it more than (hikes the Body Dead, it annihilates its being. But I have prov'd that the two Houfes cannot be the Supream Power after fuch Diflblution, becaufe they have no Power to A<5t again, but by the King's Writ. Thus have I brought the Reader pretty near within view of the Supream Power ; the thirteenth Propofition takes away the pre- judices which may arlfe from the common notions of Tyranny, which is unjuftly charg'd upon the Highelt Power in the Na- tion, if our Enemies difpute with us about the inconvenience of placing fo much Power in one Man ; I cpuM anfwer them from com- mon places put of Hiftory, that Oppreflion has abounded in Commonwealths more than in Kingdoms ; and I couM tell 'em that a Man of Senfe and Spirit wou'd rather be Opprefs'd (if Opprerfion is his Fatg) by God's 1*9 3 God's Vicegerent than by his Equal or In T feriour ; there are many turns, and caprices, and humours in the Votes of a Sepate, as in one fingle Monarch, and fleeny Eye-lids, or the want of a Bottle, a Whore, or a Sup, per, has laid a whole State at the Stake : Away then with all foolifh Harangues about Liberty, we never are more free then when we Aft according to the Laws of our Coun- try, and fhun Deviation from our Confti- tution. Let us not take up Arms tilj w$ can find exprefs Licenfe from the Laws, and we fhall be in no danger of Bloody Feqcjs and Animofities amongft our felves ; 'tis ^ Contradiction that the Supream Power ca,n be Refifted, becaufe Refinance implies Co- ercion, which is a Mark of Superiority, and cannot extend over the Supream Power ; confequently as there muft be fugh a Pow- er in Society, that Power myft be Jrrefifta- We. Some will cry, Wh^t (Jwfl we be Swal^ Uow'd up, fhall we Sacrifice .all that's dear to us ? J anfwer, that nothing is or ought to be more dear to us thgn. Preferving I^vic^ late the Sacred Rights of government ; if we pull out but one Pin, {he whole M^chjne drops into Pieces; for which RqaiQfl God has laid the Penalty of Damnation upon Re-» fiftance in any Cafe whatfoever, leaft pre- tended Cafes of Neceflity fhou'd be brought ibme* I 7° 1 fometimes into Play, to juftifie a moft Wick- ed and moft Unreasonable Rebellion. By our Conftitution a King can do no Wrong, has been fully Declared by all the Judges and Servants at Law ; but that a. Parliament can do Wrong, we may find De- clared by another Parliament, if we confult Coke 1 sInft. p. 4. p. 42. The Laws do not Inteferer with die King's Supremacy, for the King's Prerogative binds the Subject, as much as Magna Charta binds the King. The Argument therefore proves too much, becaufe it proves the Supremacy to be no where, i? it proves any tiling at all. As for the Raifing Money only by Confent of Parliament, this proves no Superiority, becaufe neither can the Parliament Raife Mo- ny without his Confent, which is ftill but equality of Power at Ieaft. Pleas of the Crown are fro^ria caufa Re- gis y and a Parliament has nothing to do therewith, if therefore the firft Conclufion proves the Parliament the Supream Power, the fecond proves the King fo, and what are our Adversaries the nearer. The like may be faid of Foreign Leagues which bind even Parliaments, tho"* made with- out their Knowledge and Confent. Befides, I would know who made thefe Laws that Abridge che King of his Power, if they were made by himfelfj by the fame E 7* 1 Reafon that it has been declared, 4 Init. p. A2. An A£t of Parliarnent cannot bind a (ub- fetjuent one, fp the Aft of f;he Supream P6w- er 500 Years paft, cannot bind thx? Supre*rnt Power now. But If thdfib Laws were made by a Siiperiour Po\Ver to the King, and that Superior* PoWer remains now, rhy Queftiori is given up : fiut this wants to be prov'd. ]Mfy next Prbpofition that the Letter of the Civil Law has no External Force with- out a Power, to Execute thofe Laws needs no enlarging upon, for 'tis evident Laws cannot Execute, themfelves, and no Govern- ment is lb loofe as to put ; tfce Executive; Power into'the Hands of eVqr}^ Individual. This leads me on to the next Propofirion^' to Baffle the Abfurdity of, the Supream Ex- ecutive Power Being borrowed from the Le- giflative, for the Legiflativ'e Decrees what: fnall be done, and the Executive puts thofe Decrees in Execution ; But the bare Execu- tion of the Laws without a Power of Inter- preting them, is far from deferving the Name of Supream, that \Ve may as well call an Hangman Supream : But if the Pow- er of Interpreting goes along with this ffx-. ecutive Power, tins is Equivalent to the Le- giflative, for all Laws owe their Vigour to ' Judicial Interpretations : But the King in this Cafe is lb far from borrowing any Lu- ftre from the Lpgiflative Power, he adds both Luftre and Strength to that. A Mart' with t j* i With Legs, and Without the poiVer of Walk- ing,, is not much unlike fuch Laws as have n6t the Executive Power to Back 'em. feat if I fhouM grant the &ing is the fole Slijjream Executive Power, in fuch a fenfe^ that none can £ut the Laws in Execution but thofe CornrtijtfionM by him. I am very fure fome people can n,ever come at their be- fov'd Doctrine of Refinance under the Um-, birage of t ( h£ Laws pf t(ieir Country. But if \fre Imagine the K(ng bnly the Mi- iiifter of thcLejgiflative Power, he ftill alone is Authorized- to A£fc till hi^ Powers are re- called, which they cannot be without his own Confent, becaufe he is one Branch of the Legiflative Power himfelf, and has a Ne- gative Voice, and neither Lords or Com- mons have more. Surely we (nail now eafily come at the Ir- refiftibiUty of the Supream Executive Pow- er, as fome are pleasM to call the King. There is no coming at his Perfon to De- pofe, Murther, or Levy "War againft him, without being Guilty of High-Treafon, which is the Higheft Violation of the Law that can be : I have obferv'd before, that the Crown of England is Subject to God alone, confe- auently the king does not receive his Power from Parliament. No Priviledge of Parliament extends to High-Treafon, but Priviledge of Parliament ifr a Priveledge of a Body Corporate, but if thrs: [ 7? ] this Body Corporate is the Suprearn Power of the Nation. Why fhou'd not the Frive- lege of Parliament extend to Felony or Treafon. Why cannot the King do Wrong if he j$ but a Servant to the Parliament, if he offers Violation to their Laws ? If the Parliament is no Body, without the King ; itow can the King be no more than their Servant. How can all Authority be deriv'd from the King alone, as is exprefly faid, i Edvo. 6. c. 2. if he derives his Power from a Parli- ament ? By the i of Eliz. c. i. Every Member of Parliament was oblig'd to Swear that the King was the Supream and only Gover- nour in all CaUfes. The Solemn Recognition of his Suprema- cy likewife i "Jac. i. is fo Full and Solemn, that I wonder any Perfon who pretends to the leaft knpwlege of the Law can deny this. His. Power has been agreed to be deriv'd from the Laws of God, as well as the Laws of Man. The King's fhare in the Legiflative Power was always very great. The Tenor of the Afts run in his Name as Ordain'd by him. I am come now to my Iaft Proportion* up- on which I need fay the left, becaufc I nave L laid [ 74 1 laid cJqwii the nioft Authentick Records as to Ou^Copftitutipp already. Taflerted th'at . the Supream"^ an Indivifi- ble Pointy by \^h/ch Tmean, that whether it be Iny^led in on Bufipefs. .. : , i! ' jprorn the Tlvvd, T hat the Partj^ularFormofGp-, veenmept mav ( l)c,- cJia/igM by ibp £cppAc, and that they are not Tied to SiihjecViaa toji Ra^c ^f Princes, I ohfciVd, tfytf youftruck at ^iprref^Qt Govern- ment., you give. 'pa? : t*jx underftan^ TW>/ * Pr>W*> of Wales faouldw* give types, tp tfce /*ffl?/* 1 of proving a C<#4 Ki<% wfop, f* Km*'jA W.f 1 * P? b'flWb' riey migfc Dijfofve the A4iw*fflty ai 4n4 tu * nt t w^^C^r^uonwe^lth at ikejr Pleafae. liAl , . )t ,, , , ., . From theFourtli x l oj^fcrv'd a n}Q#: QpqtenrptuGu^ Expreffion aga^t Monarchy, a.^ jit jt \#a3 only the* Reiult of Diviftp, Vejigqance, furq^ Jqinfihi? JSotipni ^ you was noi; WW% # .jRifwfr fcfM.ftft if wfcatj you (ay is true, ( I iftoi|f4 ad4 W* Player to the Li r ; tany, from ail ^for^tr^al QmtfWnp^G.'wA l>orddfr • Hver us. , ' ; j ;. j : .. tiil , 1J; . . . ,; ; You are pftfts'4't i«V ?he fuGceedjng Page to qrayc a very fn^all fteaucflk , which (c^ips np£ : $t firlt uii^ reaiboable to Qra^c,, but the Confi^quQnoesyflH, draw therefi-Qiji, \$ffi fure 4eferyies &of that Qjp, rafter, becaqf? ftom ? 8WwW Ut>*rty of !#£ obeying Ideots and, I^ujiatjcks^ yoij S*ifc occa^pfl t<* Depofe Priogeff^mpjchjiu their Ssfljc$a$ your fpif ; you might Hno»vf flftat r.he Anions of I^leqts an,d ; ft-u- natiefcs are OQt properly Huruan,^ or Mora I, hut Brutal j aud are, Gorifequeutly ijo rnore Objefts of Obedience qr piiotyedience, than Goritradidtiops are the Qhjec^ of Power- If a King of England Uiou'd have the Misfor- tune to have a $on, Heir to his Crown, a Lunatick, or an Ideot, his Right wou'd not Revolve to the Peo- C 80 ] People. He wou'd be only in a perpetual State o Infancy, arid it wou'd be equally High-Treafon to Murder him, as to Kill the Wifeft Prince in Chri- ftendom. This Inftance therefore, can never prove What you pretend it ought to prove, becaufe, here no Right Devolves to the People, no Change of Go- vernment enfues, nor no Transferring Allegiance from one Family to another. Where an Exprefs and Unlimited Command is deliver'd in Scripture, no Reitridtion muft be al- low'd but what is (b Obvious and Reafbnable, that all Mankind fhail agree thereto. It mult be fuch as no ill Conlequences can be drawn therefrom, no Depofing Rightful Princes in .their Senfes under the JSlotion of Lunaticks and Ideots. You tell us the Do&rines of the Church of Eng- land does not oblige us to acknowlege them as True, becaufe they are the Dddrrine of that Church, but as they- are Conformable to the Gofpel of Chrift, to which I heartily and readily Sublcribe. But then, Can you not deal Sincerely ? Can ypu not frankly let us know how far the Church of England has Err'd in Matters of Faith ? And then telf'us why you Continue in her Communion (as yon riretend) whether you are not a Bifliop of this Erroneous Church, and have rot, or will not again readily Subfcribe to thofe Errors ? Tell me why yon will not Communicate with the Church of Rome, your Anfwer fhall be, Becaufe fre impofes Erroneous Tenets as Ar tides of Faith, but ac- cording to you, Does not the Church of England the fame : Why do you not leave her pretended Com- munion, for me Inculcates the Doctrine of Paflive Obedience as an Article of Faith in the Homilies, fhe preflcs it to us with Texts of Scripture, and re- com- C 81 3 commends a (tricl Adherence to that Doctrine, un- der Pain of Damnation. But the Sons of Latitude, (with Grief I fpeak it) in thefe Days (hall Deny what Articles of the Church they pleafe, and yet fhall grafn at her Pre- ferments : So far has this been carried, that one who calls himielf a Divine of the Church of Eug- i.tndy enjoys a mod conllderahle Preferment in the Face of the World, has perhaps the mod llluftri- ous Audience in this Kingdom, yet this Man recurs to the fame Miferahlc Subterfuge with your felf, and under the fpecious pretence of Dilleuting from his own Sublcriptions in (mailer Things, he has taken away the Divinity of our Blefied Saviour. I cou'd lot but Smile to Read your 21/? Page, the Statutes mufb be Mollify'd to make Way for the Depoling Dodtrine, nay, they are redue'd to by Laws, which may be let alide by the Supream Power in every Man's own Brcait } 1 thought the Laws and the Constitution, was ever the Pretence of your Party, if the King Mollifies the Laws, he Forfeits his Power, and Degenerates to a Slave, but the People have a two edg'd Sword in their Fiands, they can Fight the King with his own Laws, or with aSuperionr Law of theirs. But woirM any Man argue (b meanly as your (elf, with begging a Qu eft ion yon take advantage to raife fuch Monftrous Conclulions as Deftroy the ve- ry (cope and end of the L-aws of our Country, What do you mean by infilling upon the Univer- ial Law of God in this Queftion ? If our L.aws are againft the UniverfalLaw of God fpeak it plain- ly, if they are not, Why do you plead the Umvcv- (al Law of God in Oppofition thereto ? Your Notion of Self-defence has been dated in the proceeding Book, you have cariy'd it by this rime to no con tern tible height \ 'us udvancYl above M 411 C 82 ] ail Earthly Laws, and Sanctify \1 as the Univerfat I aw of God, by this rime, it may fhake Hands with Mr. Hobbs •, for I am fure, this Confequence follows, Thatnol«iws of a Country can take away from Men that Right of a .Self-defence, and all Executi- ons are mere Acts of Hoftility. But the Paragraph doles with a very bold AC- fertion, and iiitrodut'd with fuch an air of Aflli- rancc as tho' all Men had agreed thereto : You tell us an ldeot Ceafes from all Right to the Perfonal Allegiance of his Subjects: lam furc, no Judge in this Kingdom will tell you this is Law. I cannot tell you what may come 10 pafs if he fhou'd be a Popifli ldeot, but with a Protcftant ldeot lam fure it will not hold. Well, but you are very confident a Popifh Prince is worfe than an ldeot, or a di reel Madman, I fup- pofe you Rcltrain this Aflertion ro fomc bounds, it mull be provided that he is a King over a Protc- ftant People, otherwise, l^e may be as Sedate, Wife, and Merciful, as another Man \ a King of Spain may be as well UelovM by his Subjects, and in as fan a way of making them an Happy People, as a King of England here, tho 1 a Proteftant : But if he fhoif'd be lranfplantcd to a Proteftant Country, I fhou'd not at all wonder if he Commences a Luna- tick, but whether it may be his, or the.Peoples Fault let the World Judge. Antipathy I contefs will Work ftrangeConvulfi- ons in Nature, which may perhaps, give an Ac- count of this wonderful Diicrdcr in the Politick Capacity of a Popifli Monarch. I beg the favour to Pro pole one Qvere, Whether a Protcitanc Prince, plac'd over a Popifh People, does not Commence a Lunatick or a Madman, but this is a Dangerous Querc 7 it aifects fome People ve- ry nearly. I am [ 8j ] 1 am very forry to find p. 25. TW King James Commenced a Lwiarick, or an fAeot in England, the poor Unfortunate Prince Shin'd with a better Cha- racter Abroad, 1 am fire 'tis Barbarous to Dilturb the A flics of that Monarch, and 'tis Cowardly, be- caufe, yon know, he can't be Defended without making fome Reflections at this time not proper. But with him you arc pleased to fix a Charge, intirely Groundlefs, upon Seven Bilhops now with God. Nay, altho' they are Dead, I can bring ma- nifeft Proofs of the Fallity of their fetting their Hands to the Invitation of the Prince of Orange. Has the Government no better Advocate than your felf ? Can you build an Hypothcfes upon no other Foundation than imagin'd Lunacy ? I con- clude, that never was a more weak and triflng one Infilled upon in this World \ for in Reftrainiug an Ideot, you do not Kcirrain his Will, becaufe he has none, and therefore, what he does cannot be the Object of Law ^ a King Imprifon'd by his Ene- mies cannot be ObligM by their Force and Threats to Conccflions prejudicial to his Juft Right \ becaufe what he does is not the Effect of his Will, but 'tis the Action of another by the Mediation of his Or- gans, fb Lunacy is a Reftraint upon the Undcr- llanding, the Will is bound and fetterVl by unapt Organs, and all theChildilh freaks he performs are not properly his own, becaufe they are not the Effects of his Will *, I niiift therefore obferve, you have laid down a wroug Poiltion upon which you Build your ridiculous Hypothecs. If a Parliament is incompafsM with Guards and Armies, Can the Votes extorted from them be look'd upon and olxy'd as the Real Votes of the Houfe, by no means :, they are not the Votes of the Houfc, but the Votes of the Army. M 2 This C H ] This is all I fhall urge from your Firfl Part, as to the Second, 1 (hall not enter upon the Merits of the Schifm \ I fhall be perfectly Neuter in thai Cafe, and only let the World fee the tendency of vhatyou have advane'd. P. 33. You tell us, cc Whatever Power or Au- " thority is Conferred upon Bifhops by Spiritual " Perfbns at their ConiLcration, yet the Right of " Executing or Exercifing this in their particular b\tcr. ih'f. of tipifiofal Ordinal, k. i. §. 2. C 9? 3 I wifh you wou'd give us fbme grounds to believe that an uninterrupted SuccefTion of Bifhops has not been kept up with us from the Apoltles Days, I know of no Sham Confecrations, except the Wal- Aenfes and Bohemians, who, 1 believe, never found much Credit. Whatever therefore you urge againft an unin- terrupted SuccefTion, p. 78. is of no Force, for Lay Baptifms, and Forg'd Pretences to Ordina- tion cou'd not effed the Bifhops, their Confecrati- ons were always Publick,and guarded with fo much Care, thatldefie you to prove even the poiTibility of fuch a Cheat. Well, but you tell us, p. 80. That fuch Princi- ples will not bring the Reformation off clear, Which fhews how little you underltand 'em : You might be fenlible their conftant and avow'd Princi- ples were, that if a Chriftian Bifhop, or the Majo- rity of the Epifcopal College, fhou'd impofe unlaw- ful Terms of Communion, they cou'd be no longer Bifhops of the Catholick Church, becaufe they were Members of a Communion inconfiflent with that Church, and it becomes from that time the Duty of every particular to feperate from 'em : Upon this Foundation the Reformation in England is, and ever will be Juftifiable. But however the Majority of the Epifcopal Col- lege in Edward the 6th's Reign was by far on our fide, the few who flood out were depriv'd of their Temporalities by a Commifllon, but of True Spiri- tualities they cou'd not be depriv'd, becanfe the Spiritual Relation between them and their Flock was Cancell'd by their being Papifts ^ as for Queen Eliz.abeth y fhe only Reftor'd the remainder of the Epifcopal College, depriv'd by Queen Mary, upon whom the Lay deprivation ought to be more tru- ly fix'd. You I 94 1 You never heard that the Popifh Church in £>/£- land or Ireland was Condemn'd by the Nonjurors, as no Church, but you might, that thofe Churches were ever Condemn'd asSchifmatical, becaufe they were thecaufeof breach of Communion, the Non- jurors therefore, if 1 be not mif-inform'd, put them upon the fame foot with the reft. I wonder therefore, that a Perfon of your Saga- city (hou'd infift upon fuch Quibbles, Turnings, and Windings, from the true State of the Queftion \ you urge againft us the the Popifh Anti-Bifhops whom we are fo far from Defending, that we Re- ject 'em as Schifmaticks, by Rejecting their Com- munion, becaufe che Catholick Church can confift but of one Communion, and if one Party is in the true Catholick Communion, the other cannot be in the fame *, neither do we derive the Validity of our Ordinances from the Papifts as fuch, but from their having a CommifEon from Chrift, how much foever it has been abus'd, and drawn in, to favour Spiri- tual Rebellion •, therefore I will be bold to fay, in the behalf of the Nonjurors (tho' I do not defign to Intereft my felf in their Difputes at this time.) If the Schifm fhou'd everbeheal'a by the Condcfccntion of the Bifhops in PofTefTion, they wou'd be received by thofe Nonjurors, with open Arms, as Bifhops, and be Confirmed as fuch in their RefpedriveDioccfles, with out any New Confecration *, but if a Conge de Lire fliou'd be Directed to a Dean and Chapter to Choofe a Lay Pcrfbn, and Inveft him with pretended Epif- copal Powers ^ fuch a Perfon, if the Schifm was heal'd, wou'd be never AcknowlegM by them as a Bifhop, or Confirm'd as fuch ^ I ufc this as an Ar- gument to you, to prove you have not done that Party Juitice in Reprefenting them more bountiful in their ConcefTions to Papiits than ro Proteltants, for C 95 ] for 'tis my Opinion, they give to both Quarter alike^ who are not of their Church. To itate their Notions more plainly, in order to obviate your Scheme \ if we fuppofe the IQand of Sicily to have a Set of Popifh Bifhops, with a fuccefc five Impofitjon of Hands from the Apoftles, if tfiQle Bi/hops fhould come to a fenfe of their: Ea rours, #nd call off the Supcrftitions of Popery, and at the lamei time \ not refuic Communion with any Branch of the Catholick and itiidefiTd Church, they would from that time Commence true Catholick Chriftians and Bifhops, of the fame Catholick Church ; but no Commifion for that purpofe can be good, with- out a Succcflfive Impofition of Hands from the Apo- ftles, becaufe all Epifcopal Powers are deriv'd from them alone \ if therefore Mtnin Luther fhou'd have call'd himfelf a Biftiop, he wou'd have been as far from being really fb, as an Ufurper wou'd be from a Lawful King. Upon fuch a Succefllon our Reformation is Built, which has been Preferrd like a Jewel in a Dung- hill, Safe, throjall the Gorruptionsand Filth of Pope- ry : And 'tis like a Commifliou from a Prince which retains its Reputation and Vigour, altho' it has been RavihYd by Rebels, and Abus'd beyond the purpofe thereof. You ask a, Material Queftion, ; p. 84.1/**.. If falfe Do&riues Juftifie a Separation from a Regular Suc- ceflion of Bi/hops. Who is the Judge of thefe falfc Doflrines ? . 1 Anfwer, That in plain and evident Points, a private Coofeience is Judge j but in disputed and undetermin'd Points, a private Judgment takes no place \ but the Rdblution of the Church mufl be expected. If a prince Commands me to break the 5 th Com- mandment, my private Confcience Commands me to C 9* ] to Difobey him, but this does not give me a Power to draw to my Decifion, Qneftions foreign in their Mature to an expre(s moral Command. The perfualion of an erroneous Corifcience has no place in this Difpute between you and my felf j for the Conscience cannot be deceived in plain Morality, and if the mind of Man will pry into dubious QueftionS, it can be no more juftifiable or valid, than if a Civilian mould arrogate to himfelf a Branch of Judicature in the common Law of Eng- land. Your 26 and 87 Pages fpeak their Author to be a true Son of Latitude,' you plead therein as much for Judaifm and Mahomet anifm as for Chriftianity } you make every Man's Conlcience to be ftandard in all cafes, for if the Conlcience can never be lb far wrong as to make a Man incapable of being juftificd by any Determination thereof-, I cannot tell but there may be found conlcientious Jews, and Confci- entious Mahometans, and for ought I know to the contrary, confcientious Hotentots : But if all Reli- gions ate redticfd to this level, farwel all Religion^ Contefts. The Nonjuring end the publick Churches are both Right, if well meaning honeft Petfbns can be found therein. You may endeavour to fling this off as the refult of the Non-juring Principles, but 'tis purely your own, for rf you deny all Church Authority, fudi Confequences infallibly flow. Your 88th Page opens the Scene, and you tell the Laity iu plain terms, that the fir ft Reformers, icorn'd to infift upon fuch Trifles as a regular fucceffion of Clergy^ (which by the by, is an utter Falfhoody) They reformed upon a pcrfuafion in their own Minds of the necefiky of departing from the Papift, and yet this very Notion you call an unchurching one rn the preceding Para- graph, this unchurching Principle you have carried on C 97 1 on to a compleat height in your 89 Page, we cannot without renouncingChriftianity expect Gods Graces, Benedictions, or Abfblutions from any Hands but his own, nor can we put the eternal Happinefs of Man- kind in their agreeing on external Communion wirli anyone particular fet of Clergy without affronting God. Altho' I have not declared my fclf of any parti- cular Communion hitherto, I do a flu re you, I am as one upon a worfe occaiion laid before me, a Chi i^ itian } and I mud at the fame time allure you I cou'd forgive the laft cited Paragraph from a Jew, a Turk, an Indian, Brnchman, to come nearer, a ToUnd, a Collins, or any one but a Chriftian Bifhop, under the fair pretence of alTcrting the Vitals of Religi- on, and the Caufe of Jefus Chriflr, Horefco Refere~ no, you have, as far as lay in your Power, made thd Chriftian Religion a mere Impojture, you have made the Church of England only the Youngelt Daughter of Delufion, and the Nurfery of Prieft- craft. For if the terms of Salvation do not depend up- on any fet of Men, a let of Clergy is fo tar unne- ceflary, that Salvation may be as compleatly ob- tained without them *, Preaching is the only part of their Office which can be ufeful to Mankind, and that no farther than as it harangues the People into a Confidefation of Religion. Adminiftring the Sacraments is a mere infignifi- cant Operation ; they are no terms of Salvation, and confer no Grace. The Bifhops have no Power of Benedictions, confequently when they Blefs the People they Lye in their Hearts, becaufe they have no Power But then, Sir, you are inexcufable in not Re- nouncing a Character which has eutail'd upon you fuch pretended Powers, you was fene forth when fy you C 9S ] you was OrdainM Pricft with a Power of Forgiving and Retaining Sins, and Afllrting fuch Power is as you fay Renouncing Chriftianity, you have al- ready Renounced it in Form, by reccivm* Orders in that Church, which in the Service for the Sick lias repeated the Power of Abfolution in as ilrong Terms as Words can make. c Our Lord Jefus Chriit who hath left Power to ' his Church to Abfolve all Sinners who truly Rc- ' pent and Believe in him, of his Great Mercy tor- « give thee thine OfFenccs, and by his Authority c committed to me I Abfolve thee from all thy c Sins-, in the Name of the Father, and of the c Son, and of the Holy Ghoft : There the Abfo- lutc and Authoritative Act of the Prieft is fully and compleatly exprefs'd, nor can I give a better Com- ment thereon than Mr. Ch Uitigworth\ a Man ot as Candid, Free, Impartial Thought as ever liv d ; ' Can any be fo unrcafonable as once to ima- c gine with himfelf that when our Saviour after ' his Refurrcclion, having receiv'd, as himfelf faith, 1 all Power, both in Heaven and Earth, having led ' Captivity Captive, and came then to beftow 1 Gifts upon Men, when he, I fay, in fuch a So- 1 lcmn manner, having firfl Breath'd upon his Difci- c ples^ thereby Conveying and Infmuating the Holy 4 Ghoft into their Hearts, Renew'd unto them, or c rather Confirmed unto them and Seal'd thatGlonous c Commiaion which before he had given to Peter ; c fuftaintng as it were the Perfon of the whole ' Church, whereby he delegated to them an Au- 1 thority of Binding and Loofing Sins upon Earth, c with a Piomife that the Proceedings in the Court * of Heaven fliow'd be Regulated by theirs on 4 Earthy can any Man, 1 fay, think fo unworthy * of our Saviour as to cfteem thofe Words of his ' no better than Complement, for Court Holy Wa- 1 tcr. C 99 1 ter. Yet fb Impudent have our Advcrfarics of Rome been in their Dealings with us, that they have darM to lay to our Charge, as if we had fomean a Conceit of the Gift of our Saviour's Keys, tak- ing Advantage indeed from the unwary practice or fbme Divines, who, out of too forward Zeal againfl the Church of Rome , have bended the Stall* too much the contrary way, and in ft cad of taking away the Intolerable Burden of Sacramental, Uni- vcrfltl neceftary Contcfllons have feem'd to void and fruftratc all the Die and Exercile of the Keys. Serm. \. p. roo. * Matters again Handing as you fee they do, fince Chrifb for our Benefit and Comfort, hath given fuch Authority to his Minitlcrs, upon your un- feign'd Repentance and Contrition to Abfolve and Rclcafe you from your Sins, Why fhou'd I doubt or be unwilling to Exhort and Pcrfwade you to make the Advantage of this Gracious Prormfe of our Saviour's ? Why fhou'd I envy you the par- ticipation of fb Heavenly a Blefhing? Truly if I fhou'd deal thus with you, I fhou'd prove my (elf a Malicious, Unchriflian, and Malignant Preacher, I fhou'd Wickedly and Unjuftly, againfl my own Confluence, feek to Defraud you of thofe Glori- ous Biddings which our Saviour hath intended for you ib. He clofes up afterwards thus. * You fee 1 have dealt honeiUy and freely with you, it may be more freely than 1 fhall be thank'd for. But I fhou'd haveSinn'd againfl: my own Sou), if I had done other wife, I fhou'd have Confpir'd with our Adverfaries of Rome againfl our own Church, in affording them fuch an Advantage to Blafphemc our moll Holy and UodefiPd Re- ligion, ib. O ?, I have C ioo J I have taken Pains to Recite Co much from Mr. ChilHngwortb y becaufe I cou'd not find a Word that cou'd be fpar'd :, I conclude,as 'tis to no purpofo to cite a multitude of Reformers, becaufe the Com- mon Prayer Book teftifies their Opinion, by whom it was Compil'd. You have nothing to plead in your behalf, but to find a tolerable Explanation of our Blefled Saviour's Cornmiffion to forgive Sins contrary to ours, and confequently, condemn the Church'of England, or condemn Chriftianity, but give me leave, Sir, to Explain what a Scandalous Blot you caft upon the Church of England in Rela- tion to this Charge. She fends forth Priefts with Counterfeit Com- lniffions to Preaci? Pardon and Peace in an Autho- rity rive Manner, in a Cafe in which fhe has no Au- thority \ fhe fends her Sick out of the World with ftrong and lying Delufions, and makes the poor ex- piring Wretches at their la ft Gafp give their AfTent to the mockery of God, and the moft fomdalous Forgery that ever was, either this Brand is indeli- ble, or you have been guilty of as great a Crime in traducing that Church, endeavouring to vacate or invalidate a Commiflion deriv'd from Chrift, and perfwading Dying Men, to depart without that VUucum^ by which alone they can be Sav'd. How many Priefts does the former Notion Damn? And how many Laity the latter ? Your next. Attack, p. 91. is upon Benedictions, which you fay are direct Blafphemies j but you in- tirely mifreprefent the Queftioo, and then lay a- bout you with all your fury, to beat down your own Shadow, you reprcfent as tho' the Prieft or Bifhop pretended to fuch an Abfolute Power of Blefling, that he put it out of God's Power to reverfe the Sentence, whereas 1 will be fb confident as to fay, that no iet of Men upon Earth do, or ever did, pre- [ I02 ] pretend to fucb Power. But you make Abfblufions and Benedictions to be upon the fame foot. They arc, in your Opinion, afTumingan incontrolable Pow- er over God, and Robbing him of his own \ where- as all that ever was pretended in that Cafe, was no more} than that God woifd ratifie the juft and equal Sentences of his Priefts upon Earth, as a Supcriour Court expecls the Determination of an Inferiour one, before it will give a deci five Decree, fo Heaven expects the fame from Below : What occafion is there for the Infallibility of the Prieft. God may fee the Hearts of both the Prieft and the People, and may be more willing ro fhed his BleiYmg upon them, by the Interceffion of the Prieft, than any other j for what ever mean Opinions have crept in- to the World of the Priefthood, they were ever look'd upon as the peculiar Favorites of Heaven, and Mediators between God and his People. But, Sir, I was heartily griev'd to fee you fall upon the Church of England with fo much Fury a- gain. Are Epifcopal Benedictions only Solemn Mock- eries and Horrid Blafphemies ? Are the Benedicti- ons in our Common Prayer no better ? I affure you was I in your Place and thought fo, I wou'd fling my Mitre and my Crofier away, and Renounce my Bi- fhoprick, and once more Walk on Foot. The Commiffion given to the Apoftle to Remit Sins, you have limitted only to the Apoftolick Age, even that Power, p. 93. you grant, you cannot underftand, and, in the fucceeding, you have re- due'd to nothing at all; you fay, the Words re- ferred tofbmething extraordinary, and fupernnrural in the Apoftles, for the propagation of the Gof- pel. I wou'd ask you whether^this was only what Mr. Cbitiingvoorth calls a Complement ? Was it cal- culated only to entice the People to come into Chiiftianity ? This Notion is fo Vile, 1 will not- force force it upon yon-, but you nuift either take it to your felf, or run into an Abfurdity, or a Contra- diction. The Apoftles had either fbmething be- ftow'd upon them in this Commiflion, or nothing, had they only Authority to declare, that thofe God Forgave were Forgiven : This couM be no more than any other general Topick to Preach upon, and was included in their Com mi (Hon to Teach all Nations : Neither will the Words in the Commiflfi- on, Whofoever Sitis ye Remit are Remit ted, bear any fiich Scnfe. I ask, Whether Men in the Primitive times, and now, in refpeft to the Forgivenefs of Sins, are not in tiie fame condition ? Whether an Old Chriftian 1700 Years after Chrift, has not as nruelv-reafbn to cxpeftall the benefits of Abibhition, as a Pagan in St. Paul's Days ? Thus theQueftion Hands, if any thing Benefici- al was Confer r'd by the Apoftolick Abfolurions, it nothing, you need not recur to Supernatural Powers to fblve the Node. If the Qpeftion only remains, that we prove the continuation of fuch Powers with the Sncceflbrs ot the Apoftles - 7 I anfwer, that Reafon will tell us, wfyat Powers continu'd with the Sncceflbrs of the Apoftles, and what did not •, thofe Powers which were in alter times equally Necellury tor the well-being of the Flock of Chrilt, undoubtedly did continue till after Ages } thole that were nor, might expire : But till you can prove that our conditions of Pardon are upon a different foot, than thoie in the Primitive Days, you cannot prove that part of the A polto lick Commiflion expir'd. ' Neither did all Supernatural Powers expire with the Apoftles, we can eafily prove, in Tertuliiarfs time, the Power of Exorcifmg Devils and Evil Spi- rits, was as common as any other Powers of Chri- stianity ^ C *°4 ] ftinnity; 'lis mentioned more than once, by Tcrtu}- )'i,',: y as (s) particularly in the 33d Chapter of his Book, Dc Amma y &\\<\ in his Book Dc Idololatria 9 mhte Apology -, his Book Dc Corona. Militis , perhaps you may Ridicule the Story of the Calling Devils out of the Heathen Oracles, but this has been fufficiently Vindicated againfl any poffibility of Anfwcr, trip' a Fontene/ie or f^an Dale jfhou'd Ar ife for that End', neither can I fee anyReafbn to conclude, but the iamePower remains in a true Church at this Day, tho' it has been abus'd by the vain pretences of Pa pills, who by their irregular Practices have forfeited that Character. I wou'd ask how you will prove the Inflitutions of the Euchariit and Baptifm to have extended to Ages after the Apoftlcs, of this I am very politive, what- ever Methods you take to prove one, will conie- quentially and effectually, prove the other. You arc very fure if you cannot tell what thole Words of our Saviour meant, you can tell what they did not mean *, you are fure they did not con- tradict the Natural Notions of God, and the Te- nour of the Gofpcl : tout if you had dated tbe Difpute right, our Notions wou'd not have ap- pear'd with fuch a Bugbear Afpedt as you wou'd pretend to make 'em- 7 that God fhou'd oblige him- ftlf generally to grant Pardon to none but rhoft who Departed in the Peace of the Church, but re- lerve to himlelf a Diipenfing Power in Cafes not Obvious, leems to me no more Monflrous and Blaf- phemous than the Sacrament of Baptifm, for you may thus as well argue againfl; That. Can any one Imagine that God will confine himfclf from Saving whom ( i) Hanc quocj; fallaciam Spirittis ne^tum fub Perfonis de funcftis delicifcencis, tii$\ tailor eciam Rebus probamus, dum ia Erorcifcmis incerdum, aliqucm fe ex Parencibus hominem fui ad ArcuaCj inccrdumgladiiicurciu vcl beiliarium Tcrc.de Anira. c- 33- Vvtiorh he pleads, and refign all that Power to the Prieft' in Baptifm, that fie (hall Save Per (bus who is himfclf fallible Weak and Mortal. Yon tell us, The A po files were moft proper to Abfblve, becaufe God's Pleafurc was Infallibly Com- municated to them, which amounts to as great a Solccifh?, as that the Bifhop of Bangor fhou'd go to the Bifhop of Ely to know his own Pleafure, it the Apoftlcs only deckr'd to God what they before knew (which they certainly mufr,if they declar'dany thing) you run the Commiilion upon this drain, XVhofoever Sins I have Forgiven, do you declare to me they are For- givcH) which has indeed Wire-drawn the Commiffi- on to fbmc purpofe - fuch bandying Scipture is like dealing with the Philofopher's Stone i the moft true and fubftantial Gold is Evaporated in Smoke, and the Shadow is fcarce worth perfuing. But you are pleas'd, p. 94. to utter fbmewhat concerning our Saviour, not altogether pleafing to tender E*U3, Lecaufe they contradict his own ex- prefs Words : For he fays directly, the Son of Man riad Power on Earth to Forgive Sins, you fay he had not, you endeavour to Explain away his own Words into a mere Nothing, for as there is nei- ther of two Extreams can be Mediums. The Senfe you put upon hh Words cannot be true, nci- trurcan the Rule of Language admit any fuch In- terpretation as yours *, for a Power to Forgive Sins cannot be Conftru'd by any Juft Liberty., a Power only to declare Sin? are Forgiven ^ becaufe, to For- give, and to declare Forgivenefs are utterly diffe- rent in themfelves, and as remotely wide you con- fefs, as Truth from Blafphemy. You may by this Liberty Explain away Texts of Scripture, nor can I underitand how Forgiving Sins can iignifie Releafing the Man from the Afflicti- on under which he Labour'd, becaufe fuch a For- givnefs- givnefc of Sins^ may as weH be Inverted in a Shanty or a tj*rtb t as any one eife : Neither caa I tinder* ftand, that the laying on Hands upon the Sick, and Curing them Miraculoufly can come under tnaa: Notion, bcanfe whether a Man is Cur'd Miracu- loufly, or by the common Powers of Nature, he is as much reJeastt from the Punifhment of Sity whereas taking away Temporal Punifhment is the Accidental, and not the Neceflary confequence of Sin ^ JOavid after a fincere Repentance for .his Sia inNumbering the People, was put to th^ Choke of Three Calamities* the Sword, the Famine, and. the Peftilence, and the Peitileuce accordingly feH to his lhare *, Adam Sinnli and Repented, but the Punifhment (till remains upon his Pofterity. I do not wonder after thefebold fteps, to find Ex- communication exploded in your 98- Page, all mo- ther, Powers of Chriftianity are gone, and if you had. left that (Landing, your Friends had oat iaid you had made clean Work. All Church Powers are by this time compkatly LevelTd, the Prieft&as no peculiar Character, he can perform no more in Sacris, than every Man can perform by hitnielf i he cannot Blefs, he cannot Ablblye, aor in ftiox V enjoy a Privilege which the Meaneft Wretch in 'the Streets cannot claim, his Habit is a Dilha&ion owning to the Favour of the Canons, (Canons that have Impioufly Invaded the Rights of Freeborn Snbjofts) but you may fee the Pried as well in a Cobler's Stall, or Invefted with Bandikers and Musket. This Notion, I ronfefs, may be relifhing to -an old OUveriooy who remembers with Regret the Re- iteration of King CbarUs II. he may iancy now Jhk Youthful Blood returning with the Times, and ihis Prieftly Character Reftor'd to him, his Aged Limbs acquirea freft Warmtb juft Teady to mount the Pulpit ' • p y - Jihafl '~^^mm I fhaTl only ask one QuefWorr,- Whether if yon rake that Infamous Book caJFd, The Fights of riie Chriftidn Churchy yon can find one Notion there which yon have not here mainrain'd ? All Jodicial Power of the Church isimuTly ta- ken away, the Canons are no frrrher obligatory than as they are Confirmed by the Star e ; nrid the State has no more Power thiin by Reprefcn'.ation \ conflquently- all our DifTentcrs, even Paprfts, are upon as firm, and as ftrong an Eftablifhment as the Church of England^ tlK-re is no fuch thing as Schifin in the World ; and as to Religion, wc are in a perfect Spiritual Suicr of Nature, we Fight and Contend for Imaginary Powers, Excommuni- cate and Scatter Damnation about, (as you Elegant- ly exprefs \t) 'tis only Brandifhing in the Airland ILncountring with Phantafms of our own Brains. I confefs, Sir^ by this t ime you have brought the Difpute tobear, and convinc ? d the World, if your Brethren were of your 'Mind, that the Nonjurors kave fome Reafon to keep up this Contention, If Chriftianity ftands or falls therewith. But I hope, and am very fure, the next Convocation will vindi- cate their Honour, and acquit themfeves as Men who have Religion at their Hearts, if they have not Power in their Hands. Your Conclufion i* very Bright, viz* If nothing you have hitherto (aid Will Convince the Non- jurors, you can aflfure them We have an Uluftrious Family, drc. Heave the Application to Perfbns of more difl.inguiihing Judgment than my felf, to find out what Relation as Uluftrious Family bears, fo the Difpute about Church Government. But this I am very fure of, our BlefTed Saviour, as mere Man, was of as an Uluftrious a Family as is this Day in Europe, if Uluftrious Blood is at all con- cetn'd in our Queftion, fo I bid you an hearty jfarcwel. r 107 ] Chart a RicarcTi Regis, N. n. Richard tff Dei Gratia Rex- Anglian, cr Dor Nor- ma nice, CT Acquitau'uZy C" Comes ArdcgavlCy ernmhrn Mominibus fuis jerafolym.em per mare inert* fatutem- Sciatis tios de Communi proborum virorwn Cumilia fccijfc has jujtitias fubfcriptas. Qui H amine m in tiavi inter- fecerit cum mo.'Wo h/rjtrti prajiciAtur in Xit.it e. Si xueem eum ad Terr am interfecerit turn mortiu ligatit* in 7crr»t irifodiatur ft axis #utem perfr^itimw rcfies comncltt* fue- rit quod cutellum ad alium pcrcutie>/dw/t extraxerit y aut quod alittm ad fancuinem pcrcuffcrit pugnum pcrdat. Si out em de pal ma percujfrit fi/tt ejfufit/NC fan* until Iri- bns vici.hu* mertfatur tn tit:trc y fi quis ant em focio *p- urobrium nut tomtit 1 a ■> aut odium Dei ivjicerity Qvae vicitiu ei cottviciatHi fucrit totwiaas amentia ei der. 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