The Fundamental Constitution of the English Government

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The Fundamental Constitution of the English Government

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the

fundamental Confhtution OF THE

SRi

Scholarly Resources Inc. Wilminqton, Delaware

London

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SCHOLARLY RESOURCES, INC. Wilmington, Delaware 19806

Reprint edition published in 1973 First published in 1690 by J. D. for the author, London

Reprinted from the Collection of Duke University Library

Library of Congress Catalog Card Number: 72-83157 ISBN: 0-8420-1415-2

Manufactured in the United States of America

THE

Fundamental Confutation OF THE

Cngltty #ol)ernment. PROVING

KING

WILLIAM

and QUEEN

MART

our fUUlftll and Higljtfal King and Queen.

In Two Parts,, In the Firft is fhewn. The Original Contract, with its Legal Con/equcnces allowed of in former Ages. In the Second, All the Pretences to a Conqueft of this Nation by Will. i. are fully examin’d, and refuted. With a large Account of the Antiquity of the Englifh Laws, Tenures, Honours, and Courts for Legifiature, and Juftice. And an Explanation of material Entries in Dooms-day-Book.

By W. A. Author of die firiV Anfwer to the late Chief Juftice Herbert on the Dijpenfutg Tower. Lrrti Jiquis exijlimdt tatum its ejft Rcgcm, ttbs nihil i Rtge tutum ejl; Jecurit/u (csurit&U nrutu* putifctmL ejl. Sen. London, Printed by J. D. For the Author, 1690.

333303

To the Ri^ht HonWe

AUBREY DE VERE, Earl of Oxford, baron of Bolebec, Sandford and Badlefmere; Lieutenant General of tneir Ma¬ kefiles Forces; Colonel of the Royal Regi¬ ment of Hor/e-Gunrds; Lord Lieutenant for their Majefties in the County of Ejfex; Knight of the moft honourable Order of the Garter; and one of His Majefty s moll honourable Privy-Council. My Lord; \HET who obferve what Licenfe has been given, as well as taken, to blemi[b the Infruments, wider God, and our King, in the greatejl Deliverance, with the moil immediate appearance of God in it, perhaps of any next to that of bis cbofen People of oldwould thinly the Nature of things to be inver¬ ted. Triumph to belong to the Conquer d, and the moil defrd Deliverance to be worfe than the depre¬

,

cated Bondage

or to lofe its Nature, becaufe it was

the return of Prayers and by Rivers of Blood.

Tears, and not purchas'd

,

And after-times in which your Lcrdjbip’s Great tln\ Name will fiourijh, talking root downwards, as it has fpread upwards to the frf Ages, will treat their

,

Memoriet with Contempt

who would inure the » Brand N' a 3

^ of ?#-

The Epiftle Dedicatory. vk^_ £xExGethUk.

/•

irafti

Svid.

whoU°n( ’ "as

C' Sprcf.

Brand of Difloyalty and Unchriftian Be¬ haviour upon your Lordjhip, and the Followers of fo bright an Example.

mment un¬ der Kolb, £ who, si”no 912, obtain d Ncrmtndy by Treaty with Charlrj the Simflt, and marrying his Daughter. TnitSyfrd nude (tie like bargain with Amid.ibe firth;' Earl of FI Arden, from which Marriage the Earls of tUnders, and the Uerti Earls of Gmfnts in FlAxdtrr, defeended. Albnie, or Aubrey de Uere, or Wer, as lie Hands enter’d in Doemichy Beck,, is fuppos’d to luve conic into Engt.nd ^ith ir ’Tis certain at the time of the great Survey he was a Proprietor in fcveral Counties, particularly In 'Tfftx ; and Humphrey tliYSor. Vf Aihrichad at tout time fcvcral Manmrs in Norfolk ar.d Suffolk. ’Tis probable that this Son of Albirit dy'd in his Pother’s Life-time.' I Ihould rekethe Cemei Albtrictu, wlio-is enter’d in Doomdsy Fock ir, Several Counties As a Proprietor, from before the reputed Cor.qucft, to hare been A.'l/eric_de Uir, and the natjier, lc;auIy,,iotherwife.he and his Oefccndetus frebthat time arc wholTy loft : ; nd btfdes, no place In ErtgUnd, cap he found of which any Albcric, or Aubrey was Earl, till the time of H..i. when Axbny-the third of his Napte'was’crea¬ ted Earl of Oxford. But before that time the Office of Nigh ChamberUin belonged to the Family, and*-tis appears by 'Records Which 1 have Ices! fa'the Toser, was annex'd to their Feerory, ; But that of Bclebic fceiong’d not to it till about the time of King John when Earl Coiert married tire cldcft Daughter 'of the Lord of Bolebec, the Bxrtxy of Sandford came; by anotium Waryiagc a bp up the time, of fi. 3. the. Btrony of ?-•die finer 0 can e not till the time 01 E. ?: with the cldvrt Siller and Co heir of' BAreholoer.ro Lord iS.tdlefmere.

seidc*

Nor was your Anceflor Earl Aubrey more emijn t[je tjme 0r 2t ror bn Skill in the un-

D.fere Ad nent

fpeaking of mix d Lngliji.? Laws, than your Lordjhip is, and will be to Pofterity, for your generous Defence of them. tempn4,&c. trninentifimta trot, pr ift Ini plane cFnrmAtit ■ jurii fine »Ud Cafarei intermixtitnt ferelm, euq, txerciUiiflbmu dpxd noi Albtriau de Wer.

Certain(it is bow much foever fome pretend to pajfive Vdour, they cannot bear the Reproach of fuch extraordinary Vertue, and are forced to jhut their weak^ Eyes at that fining Bravery, with which your Lordjhip jlrugled, with the Flatteries, and Threats of Fortune, and of Power: Becoming, in the Lan¬ guage of the Heathen Philofopher, “ a Spectacle moil “ pleafing to the Gods: the Ejfetts of which Plea. fure your Lordjhip has felt, in the admir'd Tran¬ quillity of your own Mind, and in the Glory per¬ mitted you, of being fgnally accejfary towards the prefent Happinefs of your Country, not only by your refolute Vndertalfng, but even by your Sufferings.

The Epiftle Dedicatory. I mull own the Suffering.>• of others to have con¬ tributed to it by accident, as thofe things may well be faid to be, which happen contrary to the inten¬ tion of the Agent, and nature of the ABion. But the Nation was glad to find their private Rcfentmcnts, and lelf-Defence, to carry them along with the Publick I titered, which fome of them had fieri feed to low Ends, or flap idly ncglcBed; being as unconcern d at publicisealamitics, as if their former Exemptions, which they feem'd to aim at, bad made them of another dijliuB Community. Such as thefe dcfcrvedly lofi the Credit of their fhare in this Revolution, not only as they had drawn their Sufferings upon themfelves, and others, by tempting thofe whom they flattered to mafe Expert ment of the force of their DoBrinc; but as their fubfequent Carriage has demonfirated, upon what narrow Principles they engag'd, not in the Caufe of their. Country, but their Own. Their lownefs of Spirit maizes them refemble thofe fawning Creatures, whom the leaf Gcntlenefs raifes to Familiarity; but notwitbflanding the Advantages which they enjoy un¬ der this Government, 'iis not to be prefum'd that they are given them otherwife, than to reclaim and wean them from Notions, as defiruBive, as they are* ufelefs, to this equal Adminifiration. They who now pretend to merit, by tranfplanting the DoBrine of the Bow-firing into the Service of this Government, would do well to coufider, whether in the late Iicign it really profited any but them¬ felves ; and whether they kept to it any longer, than while they found their account in it. As it is our Happinefs to have a King born, and aBiug-for the Good of Mankind, it is not to be fear'd b that

The Epiftle Dedicatory. that be fbould cbcrifl) what is contrary to their comnon Senfe, and Interejl; or that be will countenance liefleXions upon tbofe noble Patriots, rvbo ventur'd everything dear to them, in the fame Caufe with bimfelfi while Succefs was doubtful-, and wbofe Repu¬ tations, next to his own, facilitated that Revolu¬ tion, for which late Poflerily (hall praife tbofe of this Generation. One would thinly that fuch a Caufe Jhculd not fand in need of Advocates, or they of Patrons: jet when Men High in Tides, and Pretences to the Service of Crowns, range themjelves on the other fide, and Reflexions fly about, and mufl fall fome where; ’tis requiflte for Men of my Mediocrity, to be cloth'd with the Priviledges of them for whom they plead. Z/ndcr this ProteXion I may affirm, that while your Lordfbip would have the Throne eftablifh’d ^ in RighteouGiefs, and the Crown not only to be eafy re STT10 them that wear it, but amiable to all; Others, out !». dfy- °f My, or defign, would remove the very Foundation Ivo-ttp of °f 1 ne had no difoyal Exhortations from Prcfs and Pulpit to perfwade J/Hen to fight againf their Prince (tho he might have met with many a ftrong innuendo, enough to have ftigmacizcd a poor Whig,) fo neither had we any to perfwade us to fight for him, but the thing was committed to Go.i to determine as he thought ft; and he fays, if it were unlaw¬ ful to refifi him, it was a'ijo as unlawful to afff him, and enable todefroy the true Religion, the EnglifJ) Liberties and Immunities, nay the Very Nation.

p*g- V

New it is evident, that if our prefent Ring had not re¬ ceiv’d Incourngement from many in this Nation who had promifed, and were ready to add him as occafion might ierve, the bare non-refilling the late King and his Army, had enabled him to defray the Englijh Ration, which ’tis granted that he was bent upon ; and therefore adding our prc'.ent King was not only no Sin, but a Duty, by the lame realon that it was a Duty not to add the other. But they who are of a contrary Opinion can by no means excufe thcmfelves, for not fighting for the late Rng, or endeavouring to add him, when he dood in need, and required it of them; for if he continued their lawful Ring, whom they were bound not to refid upon any account whatfoever, according co this Advocate for the Non-ajffers, they were obliged to obey all his legal Com¬ mands-, and they were certainly equally bound as they would be true to their Oaths to bear him Faith and true Alle¬ giance, and to their Power to afff and defend all furifdiflions. Privileges, Preheminencies

and Authorities granted or belonging

to him, as Ring, or united and annexed to the Imperial (rown of this Realm.

This

V REF ACE.

XI

This they were certainly bound to agaioft a Foreign Force, For Prefervation of that Head of the Government, which, notwithftanding the moft tyrannical Sway, they will have dill to be Cjod’s Minijkri to them for good, and which their Vid. f*g. Prayers, and Tears, joyn'd to temporal Arms, mighc have rendred ufeful to their purpofes: Tho they were not ob¬ liged to aflift him in the Execution of illegal Violences, yer, if they were to bear with him notwithftanding the utrrtoft, they were in other things to help him carry on the Govern¬ ment : and their Sins of Omillton, muft needs be as hainous as others of Commilfion. Nor is this Gentleman more happy in appealing to Pri¬ mitive ^ntupi'y to juftify the than he has been for che TKon-rcfifing 'Doclrint: For thofe Fathers who forbad a Souldier’s Life, did it not as 'tvvas in the Service of Pagan Emperors, but upon Suopcfition that the ufe of the Sword was unlawful for them to whom they gave the Precept, to which end he that takes the Sword J];ad per if) by the Sword, was applied, which yet was originally meant, only of taking it up without a lawful Call. But lertullian, on whofe Authority our Tfynref.Jler relies, agrees that they who had taken the Military Oath to Pagan Emperors before Baptifm, were bound to fight for them; according to which, they who had fworn Allegiance to King Charles the Second, his Heirs and lawful Succeffors, and to defend the Rights of the Crown; nay, all they who had fworn at any time before our Seers had their Eyes opened, by their feeling the Effects of their own Dodtrine, were, upon pain of Damnation, to fighc for the late f\jngt till the chance of War had decided the Controverfy. And whatever liberty of judging he charges as the Confequence of the rejijlmg Voflrine, will fail upon the nonfjijTtng, which is as truly a departure from Duty, and as great a breach of the Oath of Allegiance, while the Duty of Allegiance remains, as the other. Let him aifign the time from whence it was a Duty not to aflift, and I fhall not fcTuplc to pronounce, that from that very time Refiftance was as warrantable, and more honourable. But fuppofe, for once, that the Primitive Fathers were againft fighting for Pagan Emperors, as they were Pagans, and to bring it home to the late Cafe that the Prote/lant Jacobites were exculable from fighting for che lot* Kyig,

e

as

h

xii

PREFACE. as he was a Papiftj would not this be a virtual difabling him from being /Qig of this Protcftanc Nation ? for other.vife, as it is an undoubted prerogative, or Privilcdg (Jf this Imperial Crown, for the King to make Wa and Peace when he judges it fitting, notwichftanciing Mens Oaths to defend all the Regal Priviledges, they were not bound to defend this, efpecially if the Wat were again'.1. Protellants; in which cafe, the Subject would take to himlelf che Judg¬ ment of the Juftice, or Expedience of che War, as much as others do of the necefiity of refilling. Or, fuppole yet farther, thac the Lit t\irg had difeharged his Mercenaries, and commanded the cMiLtia, by Law eltabf'Ti'd for the Defence of the Kingdom, co march and fight againft his prefent Majc/ly, had not this been a legal Ccmvuudi The King's legal Comnunds, he agrees with me, that we are bound to obey, yet he with all agrees, that it was unlawful co aflift the lace King againft This, before he was crown’d: How then can the matter be adjefted, with¬ out ycilding, that the late King loft his ^egal tower by a {Turning a Tyrannical one ? This may fuffice to fiaew, that they who refilled the late King, did ic not out of Principles either Ami-cknjlian, or Ami-monarchical; and thac they who are for the mn rtJ-.Jhng QoEirim, as it paft for current in the laft Reign and the fore¬ going, and yet pretend a 'Zeal for the prefent Govern¬ ment, da but daub with untempered Mortar j and as they were no: to contribute to the lace Qfelvluuon, fo much as in their Prayers, but on the contrary were''to pray for the lace i\s',gs TiIIotj oyer all his bionics, and in efiect that God would keep and {lengthen him in his Kingdom, as well as in that Worihip, which they could not but know not to be Qod’s true War {hip ■ So if that mifguided Prince ftiould deferc Ireland, and return into their Arms, for a Pumfhmenc of thofe Opinions which occafioned his Ruine, their pretended Loyalty to this King, if they prove ewe to their Principles, muft fall to the ground: And the leaft pud" of Wind, adverfeto us, but prosperous to tbc Jacobites, would blow up that Fire covered with deceitful Afbes, to the exunguifhing of which I ftull readily devoce my Service. The Lay-bemleman who. has exrorted ray Reflections, by hie indecent Cenfure of (ho Subjc&s o£ this Mourcty, who contri-

PREFACE. contributed towards the late u without any other ground, be fet up to condemn the far 'omZ*Ed greateft numher of Pcrfons, of at leaft equal Credit and storn'iCpo. Station, it is no more than requifite co fliew chat this Man

is

V REF ACE.

XV

is nbt more than others, exempted from Errors, ana ci'.c common Incidents to Humanity. i. The lBip>op fhews, that the VoUrine of Tafjive Obedience, which he had inculcated, as the Dodtrine of the Church of England, and which he found himfelf oblig’d to propa-. gate at his Death, is fo far concern’d in the Contreveriies now depending, that upon the account, or in conference of holding to it, he had incurr'd Sufpenfion, and expedied De¬ privation, for not taking the Oath of Allegiance to our pre* ienc /Qng and Queen} wherein he abundantly confutes our Son of the Church. And all the Authority which can be deriv’d from the lBi(J>op's Dying-Declaration, to prove the DMrine of Taj five Obedience to be the Doctrine of the Church of England^ equally proves that this is efiential to the Controverties de¬ pending, between the Friends of the late Government, and the happy Subjedts of this. As a jud Corollary from which, we may affirm, that no Man who is true to the Dodtrine of Non-re finance, or Tajftve Obedience, can bear Faith and true Allegiance to our King and Queen. In conference to which, as I have above fhewn, fuch are bound to their Power to affift the late King, and to maintain the Regal Rights which he ftiil claims, as King of England; if they are entrufted' with any of our b^ing't Secrets, to reveal them to the other; and to employ all thole Advantages, which his Majejlyt Favour may give them, towards the advancing tufaet u that Intereft, to which they believe themfelves unalterably bound. Am, And tho our King, with the Generofity of Alexander, may trufl himfelf with them, of whofe at lead probable Defigns, he may have certain Information ; yet no Man need wonder that his Friends offer him the Notice, and that they would have that Dodtrinc extirpated out of the World, with¬ out which, it were imroffible for him to have an Enemy in the Englifli Nation, but a Papift. And even among them, I dare fay, all but the bigoctcd Slaves to their Clergy, are fenfible of the benefit of his Proce&icn j and may en¬ courage themfelves in civil Obedience to him who is King over them, from the Examples of Sc. Ar.febn, with other holy Men, and the generality of their Clergy, who quietly obeyed the Power which proteded them, without confided f »ng

PREFACE.

XVI

Jovian, *}*•

ing, whether the Perfon who adminiflred it Rood next in the Line, or no. And tho it may be excufable for a dying-Man to juflify his own Sincerity to his private Frcnds; ytc when the mat¬ ter which he affirms is of inch Conlcquence to the Peace of that Government which had relcued him, and the Church in which he had fuch a Trufl, from impending Ruin, and afforded it and him fure Protection, tho he had difa'oled himfelf from farther benefit; he ought not, cer¬ tainly, to have taken fuch I^ains to tranimit his Opinion to the knowledg of the unthinking Vulgar, who were likely to be influenced by it ; unlefs he were certain, beyond the lealt fliaddow of doubt, that this was not only a Truth, but of fuch a nature, that the Sin of Ignorance in others tvere damnable : Or elle, that the Rcftoration of the late ]\ing were preferrable to Submiffion to this. The laft, I hope, his Admirers will no: fay; and fince the fit it evi¬ dently depends upon Points of Law ; tho ignorance of human Law cannot reasonably excufe before Men, who know not the Heart, and when the Plea ought to be allowed, when not; yet there is no doubt but it will be¬ fore Cod. But who would not be impatient to find our great LawCafuift Dr. H. to juflify his Difaffection to the Govern¬ ment, under the Umbrage of the Bifhop’s Declaration, and to boafl himfelf a Confeffor to this pretended Martyr, without producing more colour for it, than a dying-Bifhop’s Belief, that this is in Confequence of adhering to the Religion of the Church of England. Had any one publifh’d thus much in the Reign of In¬ nuendoes, when Dr. H. was the Trumpeter to the Imperial 1Power, in ContradiflinCtion to the Tolittcal one, he would have mec with Col. Sydney’s Doom, who fufiered for publifhing Htckjian Treafon all over his own Study. And were Dr. H. to be judg’d by his own Law, ’tis certain he would be pronounc’d a Traitor, if the Publi¬ cation of this Paper were prov’d upon him. For in his 'Jovian he fays, What tends to Treafon is Traiterous. The Lord Hollis his Eook againll the Bifliop’s voting in Capical Cafes,- he fays »/ anfwcr’d.

worflipper, a Goddefs-wor flipper, a (jreaturewor flipper, an Jmageworfiipper^a Wafer-worflipper, dec. which we might have

expedted for the making good his Vapour before he came to the Trial. Did his then Silence agree with that fupemattirul Courage, v*i. tf7. which he was fully perfwaded Qod would infpire him with ? And docs it not ieem odd, that the Infpiracion fhould leizehim to the Prejudice of that Government, under which alone it can reafonably be expedted that Proteftancy can be fupported j but fhould be wanting in a Popiih Reign ? The Jews had a Divine Caution againft receiving even thofe Prophets who wrought" Wonders, if they labour’d to withdraw Men from the Worfiiip of the true God. And furely Proteftants would not fcruple to rejedt che Dodtor s Pretences to Infpiration, which Tome would be ready co afenbe to that Spirit which himfelf had found out for the Rediwuj,

fa

fluency

xviii

PREFACE.

fluency of fome Mens Prayers, or rather to that lying Spi¬ rit in the SMouths of the Jeirifl? Prophets, which encouraged Ah*b to go out to fight, for what had formerly been in the PoiTefGon of the Crown of 1/rael. j. The Bifhop will have this Doftrine of PafGve Obe¬ dience to be the dijlinguipnng Char after of the Church of Englandi and therein admits, that fhe holds it in a manner differing from all other Proreftant Churches. And if this be fo, the acting or believing according to ic, can be in¬ cumbent only upon the unfeigned Mffent and Conjeut-Men. But we of the Laity, who believe our felves to be true Members of the Church of England, may be allowed to adfc without any regard to that Principle, which would diflinguifli us from all other Froteflants. And how much foever fome may be concern'd to keep up the Diftindtion, ’tis to be hoped that we fhall be more wife, and more true to the Jnccrefl of the Church univerfal. If, as the Bifhop fays, the Religion of the Church of England has taught this, and this is the dijlingui[))ing Char after of this Church, will not Men fay that he makes this Church to have a Religion as well as Ceremonies of its own? Tht M,fA Prelate more defervcdly eminent, tells us. That the chief cf Sc- fign of the Crols is the Right of Admiflion into the Church f*r*i,orr. as Baptifm into the Catholick. But according o this Bifhop, the Admiffion into our Church ought to be upon the Condition of fubferibing this DoJovian, f. zi-j-ficuking of dtrin, which his God fathers and God-mothers the Church of England end himfelf, “ it is iilC that were to have promis'd and vow'd in his “ taught him to preach lip Name. And then, tho he had not, like Dr. H. “ Paflivc Otxdicrrc, like a (who, perhaps, herein played the Plagiary Parafitc, Sycopha-.t and “ Murderer: Poor Man! he from Jovian) fuck'd in this Religion with **fuck'd tc in with hit ASohis Milk-, he might well have been bapti^d «ihcri Altlk. into it. The Reafons of this ’Bifrop's maintaining and endeavour¬ ing to propagate his Opinion, to the Dilturbance of our prefent Settlement fnext to hh Obligations to the late King, which the firfl mifunde*.tanding was not to eracej were apparently, ». The fournefs of the Milk, which he had fuck'd in from his Nurfe or Mother; which is known to have a great in¬ fluence upon the Conflitution of the Body, and dm upon the

preface.

xix

the Mina; infomuch that Mr. Dreyden, and fome other fuch Philolophcrs, have infinuated that the Soul is nothin^ elfe buc the Temperament of the Body. a. The prejudice of his Education, whereby he was taught to believe this to be part of his Baptifmal Vow. Which being the only Reafon that he lias thought fit to blcfc us with, as judging it fufficient ■ in following this Epifcopal Authority, he who was bred a Vagan ought to be a Vagan ftill: And if we believe a topp. ig Divine of the Church of England, the Vagans can produce better Rcafons'for their Kl Warinfidelity, not only than any we have yet had for this dt- lcy’xntu"r^ fr-ignip/ing Piece of Religion, but, than can be broughc for aZZ'dl.lht Relief in the true God, without having recourfe to the ’^r" chanScripcurcs interpreted by the Church. But the Church F which he complemented being the Church of England, che bn6UD0' ’ Popery of his Notion went down very glibly at that time as the Authority of this finglc Bifiiop docs with many now. 3. The Wcaknefs of his Judgment, which is obvious, not only in the wording his dying-Paper in fuch a manner, as either condemns his own Church of Singularity, or all others of Corruption, in departing from that Religion which file alone has the honour to profefs; but farther yet, if he were in his found Mind at the fublcribing his own, or Dr. H. his Confeffion of Faith, he would have reflected, that tho he mighc have done enough to quiet his own Mind, he had not us’d due means for informing himfelf of what he ought to prefs upon others, as a neccflary matter of Belief; having debated it cither with Divines, who are buc fecond-hand Cafuifts for this, or clfe with Laj-men of the Gentleman s Opinion, who would maintain the DoCtrine of Paffive Obedience, and yet ex¬ clude it out of the Controverfy which it has rais’d and keeps up. I fpeak not this without grounds: for in debate with z Divine of our Church, whofe greac Worth, Learning, Mo¬ deration, and Integrity have juftly rais’d him above all degrees in Station ; the Bifiiop did frankly confcfs, that he believ’d the Qucftion to iftuc in a Point of Law: And for his Satisfaction he had difeours’d with a certain eloquent Verfony whom he nam’d, fuppos’d to have fuck'd in Law with his ^Milky is the Bifhop did his new Divinicy, nurfs’d

g

up

PREFACE.

XX

up fincc Queen Elizabeth's days. Buc this Tojcn being 011c who has aCted upon the lame Principle, and makes it his Glorv not to luvehis Opinion alter'd by his place ; i think no Man who obferves what lame work the Lay-Gentleman has made, of endeavouring to reconcile the Dotlrine of Pajfive Obedience with Submiffion to our prclcnt Government, will wonder, that he could not receive Satisfaction from one, who held the fame preraifes with himlelf, but denies the Conclufion. This ground for the Bilhop’s Pcrtinacioufnefs, I mult own, is not evident to all: but his confulting Dr. H. is; who, I may well fay, is hardened and fteel’d in his Provid. Letter fefhon beyond hopes of Conviction ; fince by the Writer te Jovian, Qf this, he was long fincc admonifh’d, of having fiiameu fully abus’d thofe Authorities on which he relied, and of having, by his Conceffions and Contradictions, fully fee afide all that he would enforce : and this at a time, when this Writer ran the utmoft hazard by expofing a Man, thought fo highly to have lerv’d them who were in Power, and called thcmfclves the Government; And when the DoCtor, by refuting the Objections, might have had the Reward, as well as boaft of a Triumph. Yet for the Comfort of them whom he then trampled upon, he had difabled himfelf of iris Sting, while he quitted the Authority of a Preacher of God’s Law, for a partial Reporter, and Expounder of Man’s. His Errors or Perverfions, as far they concern our prefent Controverfy and Government, may be reduced to two Heads. 1. The Eftatc in the Crown, and Derivation of if. i. The Rights or Prerogatives of the Crown.

Trtfitce,

Pag. i $•

II. 978.

5-

1. For the firft, he fays, this Kingdom is originally hereditary, in an inalienable, indivifible, lineal Succeffim, by the Original Cujlom and Confutation of the Englift government, ty’d to the next of the 'Blood: Or, as he has it elfewhere, fix’d in one Family, and lineally defending in Proximity of Blood. With this Hereditary Monarchy an' Interregnum, or Vacancy of the Throne, is inconfiftent, as alfo its defending upon two

536a. Jov. f. 38. Heirs at once. Pag. 25. Prefect,

PV- SS-

The Succeffion which he deferibes, he fays is from God alone, who bath given it to the Royal Family for a perpetual Inhe¬ ritance,

PREFACE.

XXI

i trance, and kith by his Providence or darn'd, that it flmlcl come to one of than after the Decease of another, according to (Birthright and Proximity of (Blood: Buc God's Providential appoint-

P,£.

58.

incut of one to reign, he grants, not of it Pelf, to carry the

Right beyond the Perfon in Poffeffion by fuch Appointment: Wherefore tho God’s Providence had often given the Ro¬ man Empire to a Man, and fomc of his lineal Defcendants after him, he contends, that the Roman Empire was not He- p*£- *fi. r edit ary, but Eletlive, by the Suffrage of the Legions, and the Confent of the Senate, according to the Cuflom of the Empire: And fo was, in his Senfb a Republican fort of ^Monarchy j and Heirs, fays he, among them is to he taken in the Senfe it F*Z- S2, then had, for chofen, or conflituted Heirs, or SuccefTors. But the firft rife of the Cuflom concurring with Go£s Providence to fix the Crown here, he makes to be the re- Prtf- P- 7* puted Tforman Conquefl, which firjl brought in this limited way of hereditary Succeflion unto one Line.

This I take to be a true and full Scheme of his Notion upon this Head j whereby it appears, That it wholly con¬ demns our prefent Settlement, as againfl that abfolttte Right Prtf. pi 56.' »r Birth-right, to exclude which, even in Reverfion, he fays, would be to oppofe tht Will of (fod. And yet till he difprovc what I fliall offer againfl the belief of a Conquefi made by V/. t. or fliew either that Cuflom or Conllirution which proves that the Crown of England has, fo much as fincc the fuppofed Qmqutfl, been (lri£tly and indivifibly tied to him or her who either was in Poffeffion, or expected it, as next of Blood; I may affirm, that according to his own Hypothefis, God has not fo given it in his Providence. 1 would defire no greater fcope to prove our Govern¬ ment to be fundamentally an Eletlive dMonarcy, keeping within a Family, but not confin'd to the next of Blood, than he rakes to prove the Roman Empire to be Eletlive. Nor would I defirc any other Juflification of the prefent Oath of jilk fiance, notwithflanding the former to the King, his Heirs and Succcjfors, than what himfelf would allow of in chc Ro¬ man Empire. But if God has by his Providential appointment transferred

our Allegiance to our prefent SoVcraigns, and no fuch Ori- vid- tbt ginal Conflitution or Cuflom, as is pretended, can be produced, which I have formerly evinced, and move at large concerning in the following Treatifc, the Dotlor s Foundation of »«-,h* Gr'*r*r a x

alterable ment'

xxu

PREFACE.

alterable Allegiance to the lad Ring failing, 'tis odds, but an Agreement between a Ring, with the Lords, and a full tfipprejentatiVe of the Commons ot England, will bid fairer for being according to the Original QonjUtutlon of our Govern¬ ment, i . n the 'DoUor’% fancied Fundamental, and indiviftblt Entail o; the Crown. If Conqucfl only, without any Original Entail by the Conqueror, or Content of the Conquer’d, has fix'd it to the next of Blood (tho in truth the Providential /appointments, till the Settlements occafioned by the Quarrels between the two Roles, have generally been otherwife;) then 'tis plain that this is fuch a Righc as may be entirely loll by the conquer’d PofTcffor. And as U'd1. i. conquer'd Harold, Vid. hC tho he did noc conquer the Kingdom, having been defign’d Succeflor in the Confejjor's time, and after invited by the Clergy chiefly; and coming to a fpeedy Agreement with all in general: So this King conquer’d the late; for he who runs away without fighting, is at leaft as much con¬ quer'd, as he who fights and is beaten ; nay, in truth, more abfolurely: for he that is beaten, generally get* fomc Terms for himfelf, whereas the other dares not flay to take them. a. As to the Rights, or Prerogatives of the Crown, by fuch an impious way of ufing Quotations as he unduly charges upon the Lord Hollis, he goes about to prove, that all that Sove.aign Power by which the Nation is govern’d, which mud be equally abfolute in all independent Go¬ vernments, (in which fenfe all Crowns that are not Feuda¬ tory, or any ways under a Foreign Power, are Imperial) is by our Conllitution veiled fold) in the Perfon of the King. 140. “ In the Englifh Government, fays he, tho the Houfe of “ Commons bears the fhew of a Democracy, and the “ Peers look like an Ariflocracy among us, yec our Go“ vernment is a perfedt Monarchy, bccaufe the Supream “ Power is, as I have proved, neither in the one, nor in “ the other, nor in both together; but folelj in the Perfon via. Grot. “ of the King. according to ti.c ordinary l^ule of Sitcceffton, the Original and Fundamental Cuftom of this Tbrouc, which he may very well be, without fuppofition of coming to it in a manner different from all others; fincc the Confent with which he was crown’d was the mod univer-

i a

f*l

PREFACE.

XXX

fal that had been known in any Age, he Tays he is con¬ tent never to drfire a greater advantage, than to reduce an /idVerJarj to the Jbfurdity of making nt difference between a Title and no Title.

Wherein I fear he wounds himfelf, while he thinks to hie Mr. Johnfon in the Eye, for his due Application of the fclfevident DiflinXion between Law, and no Law : and tho there is no Law to reach Mr. JohnJon for his Reflexions upon the late King and his Title j this Writer may find a Law to punifii him. And if he would be at the pains to confult our Records, Law-Books, and old Hillorians, he may find full warrant from the Conftitution to make a good Title in our King, upon the Determination of the others, and fuch a Cortlent as God himfelf feem’d to direX, and ap¬ point. Yet fince he fuppofes what is faid by Mr. Johnfon of the Re¬ ciprocal ContraX between Prince and People, to be like his P-g 77* own Affertions, a begging the Queflion, or at leaf an haughty KectprocA K'dancA Jmpofition of his own Sentimentt without proof, but admits that Cutrdt.

lb.

if this could l>e fnbflantiaUy prov’d, it would go a great way to¬ wards a fonviclion of thofe, whofe Conferences for want of Infor¬ mation JN THIS VPOINT, leave to take the new Oath.

will not give

them

I would entreat him to fhew wherein I either falfify in the Authorities which I have formerly produc'd, and here repeat with Additions to this very Point, or make wrong Inferences from them. Which till he docs, as a due CorreXion for his railing at Mr. Johnfon ( whofe Memory will flourilh in after-Ages, when he fhall be no otherwife known than under the CharaXer of his Reviler) I may fay, that his refilling tofwear Allegiance to our legal Government, is Obftinacy, and his diftinguilhing Faith, Fattion. And if he fhould be call’d in Queftion for that impo¬ tent Libel, and no other means of reducing him to Sobriety being

PREFACE.

XXXI

being effeXual, fhould, according to bis fnarling Reflexi¬ on upon the immortal Memory of the Lord %t>jfel, and ocher inferior (Patriots, be condemn’d to mount coward an Apotbeojis, for his meritorious Crime of Treafon, againft chat Power which has been ordain'd of God the mod ap¬ parently, of any Civil Government that has been known tor at lead many Centuries; could he expeX to be as much defir’d, lamented, and praifed, by all that are themfclves worthy of Praife? Should he, as he went along, tell the good People, that he fuffer’d for chat Doctrine which f.)aQ know no end, hut when all things confejs their Aflxs, and that tho his Sins are flrangely great, yet he now pay’d his Head forfeited by the Letter of.the Law, for Treafon againft a King which that ac¬ knowledges, where Mr. Johnfon's is due, by a,true equi¬ table ConftruXion, for Treafon againft one who is no King in the Eye of the Law : would not Men be tempted to make the Poet’s Obfervadon, upon fuch a fpruce and finical MalefaXor ?

-----Crimma rafts L'tbrat in aniithetis, doftas pofuijfe figurat Laudctur-■ “ In fmooth Antithefes his Crimes he weighs, " And his departing Figures force our Praife.

I well know, that Men are as zealous for a falfe Religion, and their own SuperftruXure of Hay and Stubble, as for the true Foundation. And they who expole their Additi¬ ons are in danger, if not of fuffering as Heredcks, of being cenfur'd as Atheifts And tho falfe DoXrines, like falfe Miracles, impare the Credit of the true; yet he that attacks them after they have fpread, and gained the Name of (acred, not only hazards himfclf, but while he untwines, or roots up the Weeds, may dunce to fluke fomc Handing Corn. Which

*

XXXJU

PREFACE.

VThich may excufe the early freedom which I have taken, to prevent the fpeading of that new Law-Divinity in this Age, which rofe in the laft, upon the fall of good Arcbbijlop A'cboc, was rear’d up by Piflop Laud's Canons, upon which the Parliament which brought in Car. a. put a fufneient mark of -Diflike, and was famed with the Char¬ ters of well-fed Corporations, and the Plood of its forwardeft Oppofers. While I expole the Folly of fome Mens Notions, which fight as much againft our prefenc Settlement, as againft common Safety; and fliew the Obligation which lies upon Kings to keep their Compatls with the People, 1 would not be thought to go about to loofen the Bond of due Subjeition to the Powers vVhich are over us. I am fure they who will acknowledg none buc King James to be their rigkful King, have no colour to urge this againft me; and yet, by pnearis of fuch falfe Alarums, they have made moft dange¬ rous Approaches towards the Deftru&ion of this Govern¬ ment. I would not be thought to revive the powerful He¬ reditary Offices of the Palatine of Clxjlcr, the HighSteward, and the Conjtable of England; that Tribunicial Au¬ thority which they had, would be very dangerous in moft times, and too great Incentive* to ambitious Men to fet up fot themlelves. ”rhe Auchor of the Sight of France enJJav’J, obferves Ltifinpirs thac (liarles Martel, SWair du Palais, or High-Steward, made huufelf King of France, and Pepin his Son caus’d himfrU t!um. 9. xo be chofen, the Family of the JMeroVingians being rep. 130. Reefed. Thac Eudes, Man du Palais, upon the declining of the Houfe of Qharlemain, took the Crown, ana caus'd it to pafs to Hpgh Qapet, and drat Hugh Capet andhis Defccndants wifely fpppras'd this Office.

i; has doubtlefs been, no left the Wifdom. of this Go¬ vernment. to have the like Offices with us ta.be now only known

PREFACE.

X'XXUl known in Story; yet they, at Icaft, ar£ Evifences of the Englifh Liberties, nor are the Vld. 7si fanpiri dc li Liberties the lefs, or the lefs inviolable, be- France ■ If, lave Mem. 9. p. 142. On can recicillir, epnc caufc die Subjects of this Monarchy have had tjutlcjm changemenc dui fur greater Confidence in their Kings, dian to itt- ttrri-ie tf^.rrt U Gittrnmlrd U fegard det pon,s, c da iid upon having fuch fettled Officers; whd fanSjartt da Principaux Oj)imay reprefen: their Grievances with the better Mam tiU PaUil, Cm. Authority, and unite them in the common nejlabter, Chancehert,Grande ttbnbeBaim,, 4 tout/ cel/ Caufc, when the oppiefs’d Nation fhculd want fan) ancun prejudice del Froiti nothing bur an Head, under which they might du Peirplc; let Oficiere de la (eoccr, dr dan de la Corcronnt become formidable to evil STUnjter), who cut en pita on malice de potevoir, either think that the former Injuries which enait c e(f par ear pin cue Royc Drcnti de la Nation font they have done, are too great to be For¬ In tan 1 jonre demeiertl an leaf gotten, and therefore feek for Security in the 'eh 1 ley. Ruin of them who had before fmarted under them; Or, who, next to fetring up themfelves, 'have no other aim bur to make way for their fupJx&’U Kiqg, of Right. Such Men pretend, that tho they cannot fwear, or de¬ clare, that King William and Queen Mary are Lawful and Rightful Ring and Queen, yet they can adl in the Service of them as King and Queen ; and that there can be no danger from them, becaufe of the harmlefs Doftrine of Pajjive Obedience. 'Prayers and Tears ala* 1 are all their Wea¬ pons, and with them they may follicle'Heaven and Earth, pray to God to reftore their Prince, who they fay for the Farm’»/ * Sins both of Priejls and People is now kept out; and encou- Grayer and rage a Rebellion againft him, who in their very Prayers to Ed7t,Atj">t God Almighty they will have to be no Rug. I may add, p.iso"’’ 9°‘ FleHere ft nequeant fuperoi, Acheronta mervebunt.

Thm 39’ „0 be without

“ If neither Heav’n nor Earth afford them Aid, “ They’ll try to fetch it from the Stygian Shade.

Xing, with.

»ut Priefl, Wuhan) Gad

uiilaelTarU

If fuch things as thefe do not fhew that there was occafion, for my gathering together thofe Precedents and Au¬ thorities, which evince, that in declaring for our prefent Soveraigns, the Nation has proceeded according to their In¬ herent Power, and in due form: I at led (hall have the Sariifadion of having, in my Capacity, ferv’d my Counk t tty,

PREFACE.

,

tryj and, therein, I {hall have, more than my Labour fot my Pains: which I may here clofe with that of Tbnj to his Friend Tacitus. C. Pliny, tf.Uk.?.

Pofleris an alijua cura nojlri nefeio. Nos cirte mcremur ut pt aijjua. non jjC0 jnginio pul enm Juperbum ) fed fludio, fed laborc • O' referenda poflerum. Per gamut modo itinere inflituto ■ quod ut paucos in lucem, famamqi provexit} im multos e tenehis O' fikntio protulit.

t( “ c‘ “ “

e.

CONTENTS. i

CHAT. Ilf.

I

CHAP. V.

ttve Hcirls of pofiiive Law mention'd. The Barons liars in the time of Cpon the firjl Head are produc'd the A trig John ; That he had abdscated Conftfor's Lews, Jiraclon, Meta, the Government; That hi had loft and the Mirror, Jhewmg the Ori¬ all means of being trnfted by his ginal Contract, with the ConfeqncrsPeople. How unwilling they were to ecs of the Kjngs braking his part. engage in a War againft him. They invite over Lewis the Dauphin of Son-c Olfcrvations upon the Coronation-Oath, with the Opinions of France. Hu Cafe a Parallel to the Sir Henry Spelman, Cujacitis, and late Abdication. The Vacancy of Pufcndort, of the Reciprocal Con¬ the Throne injified on by the trench tract between Prince and People. The K'ng's Advocate, and that there¬ Objection from the pretended Conupon the Barons had right to chafe queft anfver'd in fljort, with reference ■another King, of the Blood-Royal of England, as Lewis was. Why to the bcond pars. The Scnfe of the Barons fell off from Lewis. Dr. Kicks and Saravia upon the Co¬ What the Heimilies Jay concerning ronation-Oath, receiv'd with a Limi¬ their inviting Lewis, fwearing Al¬ tation from Cronus, 1 he Curtalegiance to Inm, and fighting under 113 anciently carried before our Kjngs, his Banner againft. King John, explaining the Mirror. A Pajfage in Dr. ilrady again[l the Pundamental conftdered. pag. 41. Contrail touch'd upon, referring the particular Confideralion of him- to CHAP. VI. the fccond Pare. pag. 2$. The Barons Wars in the time of H. J. particularly conftdered. H. J. CHAP. IV. Crown'd by a tdel ion. Had no right but from Elect ton,as his Tat her had. The fccond Heed of Poftive Law. The That no Right could defeend to him ejlabltjh'd Judicature for the Cajc from his Tat her. Lewis, while in queft ion, implied, if not expre/s d, here, as much King as II. J. Three in the Confcllor’l Law, and cfcried exprefs Contrails enter'd into by in Parliament 1 2 R. 2. with an ac¬ H. J. be fide s the Confirmations of count why the Record then infjled on the Great Charter. Thcfe applied is not now to be found. Our Mir¬ to the Conftdiraiwn of the Wars. ror, the foreign Speculum SaxoniThree of them under fuels at feem cum, Ihaclon, and Plats,explaining like the Roman Tribunes of the the fame. The Limitation of that People. Dr. Falkncr’r Objeftions Maxim, The King can do no againft thofe Wars, an fiver d. The Wrong. Precedents /row Sigibert, Anfiwcr confirm'd by a full in ft once, King of the Weft Saxons, to the in the time of Is. 1. pag. 46. Barons Wars in the time of Kjng

John, confirm'd b- occafion of an Ob¬ jection to the Infiances in the Nor¬ thumbrian Kingdom. How far this Monarchy was reputed Hereditary or Elective before the time of W. I. there touch'd upon, lnfiancet of the Peoples, Claim of their Rights m the “ftucs offtv, I. VV. 2. H. I. King blephcn,

H.*.

pg. 34-

CHAP. VII. The known Cafes of Ed. 2. and R. 2. touched upon. The Power of the People manifefted in the Wars and Settlements of the Crown, occaften'd by the Diffuses between H. 6. and E. 4. Why she Lnftantes from thcfe

Timet

CONTENTS. Times to the Abdication omitted. The Objections from the Oath again jl taking Arms, and from the Declarati¬ on. againfl a Coercive Porter over Kjr.gs, removed by Shcrringham, and the Triennial Act, 16 Car. f. PufendorfV due Refrains of the Porter of the People. Inf antes of the like Porter in other Nations ', particular¬ ly Denmark, Swcdcland, and Nor¬ way, when under the fame Kjng. For France, Hottoman, Sefcllius, the Author of Lcs Soupirs dc la France cfclavc. Bod in explain'd, and fbctrn to jitfify King William for the Dowry arc often driven to Inconfiftcnccs with her and themfclvcs, and mull be content to ferve thctnfdvcrof her thinned Dilguifes. Whicli I take tobe tlie c?-!c of then, fin jprftfetf ta judify tlfy Government upon an^ other bottom than that on wJncu jt really Hands, and may dourifh in Ipi:t of open Enemies, if it be. duly arm’d, againd fade Friends, who ground it upon their own feHions and fettering Schemes, prepared in times with which they fuited, and were,but like the Hjpotlsefet of Philofoiih;Pi tc Mifsvcr tfe ihep \>rc[cnt\PlKeKotnena. Such Men valuing tlicir own Reputation and Intcrcd too much above the Publick, expofc if to,the Cpntempt of the more fubtile

'{M u lt t>r. who net only make refilling rite late King damnable, wliich implies

a ^rup‘'nS To "defend that Government which proteGs them; but 'tJFctWi broadly mbfluaee- that no perfonal Aflidance is due to keep the King The cnarity and Qiiccn in their Station, even tlio they have fworn Allegiance to feme of* wit* them; which (hews what is to be thought of (bmc Mens 1’romifc,

Clergy.

ivM'lltfitl} ro'pay that Fidelity and. Allegiance rrhicb they have all jieoTti. When the firof Qrietifm is over, and the opportunity inviting, they

may, in the fcnfc of fome of the Brethren, with a fafe Conference, fight-for their King tie Juret Wherein it is evident that no Provifion is mode for the Safety of this Government, but only for (ccuting to thcmfelbcs their Places of Prefit under it; yet no Man can be¬ lieve, that the Law which requires the Oath of Allegiance, can give the load (cope for (o grols an Evafion. (o fcrvitcaMc ro that pretence of Title which it rejects. via. Tki d> f\!ot will the Jacobites be lefs thankful for their DoGrinc, who fiTincii’d' not only condemn all thole,- whofbaGivc Zeal help’d to turn the Stale pipa, rktii- againd Them, but allow no Title in our King, unlcls it be by a real " ' ”4 f«rT” the Nation, or legal Sttcccffion in the Line. The fird of vnfi.'v^tbi which the King not only difowns, and the People would be loth to rnjut. fight to maintain over themfclvcs, bur, according to the ObjeGion vid. FJetnenn ui Element a Pclitica, would have required a formal Denunciation of War. And the lad labours with fuch Difficulties as few can be able to relolve thcmfelvcs or others in. But as I am verily perfwaded that our Government dands upon Ibcli-a Rock as has been unmov'd for many Ages, and lias no need of a Lie for its Support; I (hall with the utmod Eaithfulnefs addrcls my (elf to its Defence, wherein if I offend fome of contrary Sentiments, 1 mud entreat them to anfwer me like Men, with Realbn and Au¬ thority, and not in thofc Methods wherein they have hitherto been too fuccelsful. All the Oppofers of our prefent Settlement, who pretend to talk Senle, when prefs’d home, grant that the Conditution of the Englifh Government mud be the Guide to their Conferences in this matter. Tnonm ^nc'^ol cannot commend thole Juflttes of the Peace, who permitife7 tin* ted a.-Divine, Eminent in his Country, and an Example to others, to d uurcnct read a Procedation before his taking the Oath of Allegiance to King So«»«rfiMe. Williem and queen Mary, yet I ought not to rejeG his Tedimony, that

cf the

Euglijb

Government.

3

that Lawyers arc the tefl Direflcrs of Confidence in this cafe. The words,' (recording to a Copy of his written Paper now in my hand, tranfinittEd from the Country, were thele. “ I am afTurcd by Learned Men in the Law, whom I have confultcd 7Vr yr/rx ft as the befi DircBcrs of my Confcicnee of this cafe, that by the Laws lift CbriftifiMtScljjont jtr ebr of this Nation the Allegiance of the Subjcft is due to a Kjng in Cotnry, Sir Ed¬ Facij or in PofTcfTron of the Government, provided they have been ward Philips' btixiCbfir-mit recognized by the tJtrce Eflatcs of the Kingdom in a Publick Con“•vestksnl I am dully convinced of the Truth of thist And this is a “. Retfcn prevails with me to fwear Allegiance to King William and “ Oncen Mart.

*■ “ “ “

The;grcat Unhappihcfs- -of- this Nation is, that Divines not only fct up-idr the greateft Statcs-Men, but i will pretend to; be the belt Lawyers and Cafuiftsrin thele Points, of which the true ft Friends to them arid the Church have complained. Thus the late Earl of Clarendon having1n\his excellent Book againft Mr. Haiti^tax’d fome Dlvincl-tif■ maliciems'ErrdCavostrs to render Mo¬

Lrri Claren¬ don'* Sttrjty 9 f tbt Lerttthan,

narchy iufiupportable, by the unltrr.ttcd P.ffetfioris, and Humours, and Pre¬ «• 7Jtences, and Power of a fugle Pofion.-- S3ys -others of them, believe as unreafttiably, that the E)ifpofition,' Natures and Hearts of the People can¬ not. ie applied to the neceffary Obedience towards their Princes, nor their ■Reverence and Duty-'be jo well fix’d and devoted to them, -at by thinker, o that THEY HAVE NOTHING OF THEIR OWN, but robot cider' they enjoy they have only by the Bounty of the Kjfg, who can take it front them when he pleafes. Whatever1 fuch Cafuifts hold of the atfolate and infeparab/t Soveraignty of Princes, if I prove that King Will tarn and Queen Mary arc Rlgljtftll Kjng and Queen, according to the

ancient Conftirution of the Englifli Government; how much locvcr my Endeavours of real Service to theCrenvi may be mifreprefented by Men of.another Alligiancc; I fhall hojre at lead to be thought to have ferved my Country, too much infefled with-wrong Notions, or diftraflcd with falfc Mediums', and to have done Juftice to our Great Deliverer, and thole Fnglijb Worthies, who invited or embraced the Deliverance,and by their Steady adhering to the Intercft of theirCountry, avoid that Forfeiture of Protection, which too many have in¬ curred. To which end I fhall fhew; 1. That the People of England had a rightful Power lodg’d with them for the Prelervation of the Confiitution, in vertuc of which they might declare King William and Queen Mary King and Queen of Eng¬ land and Ireland with ali their Dependencies, tlio J. 2. was alive at the time of fuch Declaration. 2. That this rightful Power was duly exercis’d an the late Atiembly of Lords and Commons, and afterwards regularly confirmed by the fame Body in full Parliament. 1. As to the Nations rightful Power, I fhall not go-abdut to refute the fond Notion of an abfolute Patriarchal Power delcending front Adam to our Kings in an unaccountable way; becaufe, tho if this were true, there could be no more Compact between Princesarid tltcir Peo¬ ple. than is between Fathers and Children for eftabldhing the Rights A a of

The Fundamental Conjlittttion Fitrivdu non of Fatherhood, yet Mon-rcha, Ed. chical Authority, is

the difference between a Patriarchal and Monar¬ fo well ilated and prov’d by my Learned Friend An. 16B1. Tvo Tresiift* Mr.Tyrril; that few bcfidcs the unknown Author of the two late $f Gavmmnt, Treatifes of Government, could have gained Reputation after him, in J* t 'rt f-rntT tht expofmg the ; Principles and Foundation of Sir Robert Ft Inzer and W Profits gxd F9u0Mtin his Admirers, . tie of which Dr. Hejljn, in his Letter to Sir Edward tf Sir Robert Ftlmer the Son, fpecking of his Father fays, Filmer irJ bit “ Iiis eminent Abilities in thefe Political Difputes exemplified in his Foliowiis trt dittclid grJ #- “ judicious Obtorvations on Arijlotle's Politicks, as alfo in tome Paflages Wtirrwrc, Ed. “ on Grot tut, Hinton, Hobbs and other of our late Ditoourfcrs about Anno 1690. Hrylj*\ “ Forms of Government, declare abundantly how fit a Man he raighd Ccttamco “ have been to have dealt in this Cauto, which I would not willingly EpjftoUre, t if*. »*7- “ fiiould be betrayed by unskilful handling; and had he plectod to “have fuffer’d his excellent Difcourle called Patriarch* to appear ia “ publick, it would have given fuch SatisfaGion to all cur great Mailer* “ m the Schools of Polity, that all ether TraGates in that kind had “ been found unnecefiary. This he fays might have ferv’d for a Catholicon, or general Answer to all Dtfcourfes of this kind. Since Sir Robert Ftlmer and Dr. Heyltn were our late Obfervator's PredtcelTors in guiding the Inferior Clergy, ’tis not to be expcGed that

they fhould nicely enquire into the Errors and Contradictions of their Leaders; but the DoGor’s fcandalous ReflcGions upon the Re¬ formation in England, and the Misfortunes of Charles the Firrt,. ia tome meafure at leaf! occnfion’d by the Countenance given to Sybthorpifm, blanwarifm, and Ftlmerifm, may jurtly raito a Prejudice agrinfl tlielc Men and their DoGrines in the thinking Laity; and thoto who are not able to think of themfeives, may take every Morning tome Pages of the two Trcatifes of Government, for an cffeGual CatholF eon againft Nontontoand Abfordities; which have nothing to recom¬ mend them but Stile and Names cried up among a Party. Out. Dr. Hey* Wherefore I may weli think that I may pafs over the Stumbling. lyn’i Stnmblii(Blocks which fuch Men lay in the way to my Proof, that the Power &x^ if Dfc btdn’JtrU R(- whereby this Nation is govern’d, is originally under God derived from the People, and was never abtolutcly parted with. Many have cited t!ie Authority of the Judicious Hooker till it is HooVer4# EtcUfiifiicil Fi/i- thread-bare, to prove,that ic is importable there fhould be a lawful King¬ pored a. If a King has abdicated Or abandon’d his Authority, or ma- injjn£?”"~ nifeftly holds it as derelift, indeed, lie fays, he is not to be thought modem pr*-.' to have done this, who only manages his Affairs negligently, lfut 'T.i 'n n"cm Purely no Man can think but the Power of J. 2. is dirclift.And lie cites three Cafes, wherein even BsrcUj, the moft zealous AITerter of Kingly Power, allows Rcfcrvations to the People. rehaoT° *" 1. If the King treats his People with outragious Cruelty. 2. If with an hoflile Mind he feck the Deftruftion of his People. 3. If he alien bit KJngdom. This Grotiue denies to have any effeft, and therefore will not admit among the referved Cafes: hut if no Aft which is incfTcftual in Law, will juftify the withdrawing n?Ki£ Allegiance, then none of the Inftances will hold ; for to that pur- ton««, apofe they are equally ineffeftual: Yet who doubts, but the King do, ing what in him lies to alien his Kingdom, gives pretence for Foreign Ufurpations, as King John did to the Pope’s? And whoever “ goes to reltore the Authority of the See of Rome here, be it only in Spirituals,endeavours to put the Kingdom under another Head than p°»wt um ’ what our Laws eflablifh, and to that purpofc aliens the Dominion. ti"IuttcrcNorcan it be any great Queftion, but the aliening any K:ngdom or Country, part of the Dominion of England, will tall under the hj-mZ fame Confidcration; which will bring the Cafe of Ireland up to rate inordme this, where the Proteifants had been difarm’d, and ihc Power *dsf’mtujJj4* which was arm’d for the Proteftion of the Englifb there, put into vid. Lrp» the Kandsof the Native Papifts; nor is it now likely to lx rcflor’d to its Sctdemcnt at home, or depcndance upon England, without vaft Expence of Blood and Trcafiire. Even the Author of Jovian owns, that tJie King’s Law is his j>.««*•/«# moft Authoritative Command; and he denies that the Roman Empe- fo.un, 7.180. ror had any Right to enflavc the whole People, hj altering the Conflilotion of tie Roman Government, from a Civil into a Tyrannical Dominion ; or from a Government where the People had Lihr ly and Property, into foeb a Government at the Pcrfian wsc, and the Turkifh mow it, 8tc. No Clergyman of the laft or toregoing Reign having treated of Civil Government with more Temper and Judgment, and yet with greater Applaufe of the warmeft Men of his own Gown, than the Learned Mr. Falkner of Lyn; I fhall be the longer in giving an account of his Difcourft of Chriflian Loyalty, which will prove an ,fi fjLe*. ' Authority on my fide, beyond what could be hop’d for, conlidering ‘*19the tune when his Bock came out with Liccnfe, and a Dedication to the elrchbijbop of Canterhory: it being when Mr. Johnfon, by way of Com politico agnail a threat ned Sufpcnlioo, was oblig’d to 1> drink

*4

The Fundamental Conftititnpn drink hi? Coffee at home, ledhefbould inlightehfiis Brcthrdrv who fill’d all places of publick Refort with their Pulpit-Law, arrd the Dictates of their Cuide Sir Reger. I mud own that Mr. Filkr.tr was in fomc things carried away with that Tide, which if any of that Cloth bcfidcs Mr. Jehnfon had the Courage to demm, they had at lead the good fortune to be Ids obferv’d; but the {hewing where¬ in the Author of Chrifcian Loyalty gave too much way to the Fafhion, or the Noile, may yield farther ftrength and light to that Truth, which will arife out of tliofc very Clouds, with which he might think requifite to oblcure it. His Treatile is in two Parts, in the fir ft he vindicates end endea¬ vours to explain the Oath of Supremacy. 1. In relation to the Regal Power, as it is receiv’d in our Church, or at lead by Church-men, or as it is acknowledge by our Laws. 2. As the Oath renounces ail Foreign JuriidiCVion, the lad of winch falls no otherwile under Confederation hide* than as it fhews the King’s Duty to preferve his Ecclcfiadicalrls well as Civil Su¬ premacy, and not to alienate cither. In the fccond part this Worthy Author confiders the publick Decla¬ rations agatnfi Subjects taking Arms.

P«gc 14.

fVI-

1. In thefirft lie rightly affirms. That the averting the Supremacy of Govcrnnem is never defignd (meaning I fupppofc, by the Law.) in any wife to -violate either Divine or Chriflian Inf stations, or to affert it Useful {or any Prince to invade that Authority and Right, ninth is made particular thereby, whether in Matters Temporal or Spiritual. Where by Chrifim Infitntions, ’tis plain that w c arc to underftand the EcclTiaftical and Civil Laws of Chridian States, or the Law's of others not contrary to Chriftianity; and thus he dcfervedly bknes them who nourifbfalfe Conceptions, and miflaken Opinions con¬

Page ij.

Ptgt ii*

1 Onco Ax, 1640.

cerning the CIFIL POWER, beyond due Bounds exalting it fo high, at not to referve that Ref pell which helongeth to God andChrtfiia t Injtitutio.it; and rightly obferves, that the Supremacy docs not exclude the Subjell from a real Propriety in hit own EJlate. And that there .ere fomc Kjr.gdoms where without any Difparagement to the Su¬ premacy of their Prince, they are govern'd by the fixed Rules of the Civil Law ; and others where other Laws eft obit [bed by their Predecejfors are fending Rules.

And particularly in relation to the People of this Realm, he lays in the lccond Part, The Englifb Couftitution doth excellently and effectually provide againfi injurious Opfrefflons. Of which more in its place. However I cannot but here obferve, tnat even tlie Canons of 1640. which he receives as fpeaking the Scnfc of the Church of England, own that the SubjeQ has a Propriety, butwichal fay, that Tribute, Cuflom, and Aid, and aR manner of neceffary Support and Supply are due to Kings from their Sub jells by the Law of God, Nature -and Nations ; yet tho it is the Duty of -Subjects to fupyly the King, it is fart of the Kjngly Office to fupport hu Sub jells tn the Propriety and Freedom of their Eftatcs. Stiil, it feems, fubjefl to the King’s Judg¬ ment of ncccffity, which is right Sibthorpifm and Manwarinifm, after¬ wards cccho’d to by the Courts at 'rVeftminJlerfin the Refoludon about jShipmoney, and of late in that of the Difpcnfiog Power.

I

of the Englijh Government.

j5

I think in two things what Mr. falhner writes upon the firft Head lies open to Exception. r. That generally by Civil Power, he (cents to mean the r'erton of the King, and that not according to his own Definition of a Kjng> which he fays doth denote the Royal Pcrfon who governs, which hicnielf owns to be according to the refpc&ivc Limitations in thofe places where tliey govern, many having the Title of a Kjng, who Page hed not fucb Royal Power as is allowed by our Conjiitution: but he a (cribes to a King generally (peaking, and particularly to ours, fuch a Sovereignty as carries with it the abfolute and arbitrary Excrcife of that Civil Poster whereby a Nation is govern’d. Thus he afferts with St. Aufin, That Subjesls may and ought to obey their Prince's Commands where they are certain, that what he com- ^ /nsnds is not againjl the Command of God: And hence he attributes to the Kings of England evea more Power thin he allows to the Roman Cbridian Emperors, as will foon appear. And it appears, that this is not only a cafual dafli with his Pen ; for having before in one place fpoken of the bttfnefs of the Civil Power defer it’d by Sr. Peter, in another he mentions the Authority with which he frp-ttgt pofes Kings and Princis to be Vcf.edtogovern in Matters of Religion,

ay,

,01*

>»»• iji.

not as originally arifwg from their Chriflianity, but from the general Right of Dominion and Sovereignty, ana fays, this includeth a Right of ef shifting, by their Authority, what is truly anblancsblc, orderly, ufeful, and necejfary with rcfpecl to Religion. Accordingly he (peaks of the Ecclefiadical Laws of Ins, and (c- P*r »si» vcral other Engl ft Saxon Kings; as if they were edabliih’d by them, as having the Civil Power (olely ana abfolutely m them-

felves. And indeed if, as Mr. tatkner has it clfcwhere, the Sovereign P«ge «i( Ruler hath a Right to promote God’s Public!: JPcrJbip, and to efiablift it by a Civil SerMion; it mud follow either that thefe Kings were

no Soveraigns, or tint they alone made thole Ecclefiadicai Laws, giving them their Civil Sanction. Yet that he denies even to the Emperor Confiantinc (ucli a Power Pag- ■7*>i7£ as he aferibeth to Kings and Princes, and particularly to ours, is evi- '7«* dent from his judifiying Athanafus in his dilobcying the Emperor’s pofitive Command to redorc Antes to his Church of Alcxindria, after a final Sentence of Deprivation of the Council of Nice; which Sentence being grounded upon his Hcrefy, the Emperor might well think that fubferibing and (wearing to the Nicene Creed, might ren¬ der him a Pcrion equally capable with any other, to fupply the Vacancy. 2. Another Miitake Mr .Falkner leems to have been led into by Mr.fiOmcr'i thinking Ecdcfudical Canons to be of Authority in Points of Law f/jV or State. Hcncc it is that he cites the (eoond Canon i J. i. which lie (ays , can, va. threatens Excommunication againd them who (mil affirm, that the dmjtu* King hath not the fame Authority in Cafes Eeclefiajlieal, that the Godly tJ,f" *0> **”• Kings had among the Jews.

He might have obferv’d that it excommunicates them ipfo folio without admitting them to any Plea or Defence for thcmfelves. In which Companion, tho perhaps much was intended, according to Di the

The Fundamental Conjiitution

16

the Mos Begiw deferibed by Samuel; I fear it proves too little, nor would they who made thole Canons have been willing to confine the Royal Power to that fundamental Law for it, which we find in Deuteronomy; where the Rule for the Election of Kings is Rated, that the Perfbn whom they fet over them fiiould be no Stranger, but one from among their Brethren, and his Power is bounded with¬ in Mofet Iris Law, that his Heart be not lifted, up above hti Bre¬

ai. *’

thren.

And it is certain that the Stream of Learned Men are on the fide Fjlkner.f. tj- of Petrus dc Marcs, whooblerves, that they do not drferve me,l at the Hands of Chrifian Princes, who mould meifure their .Authority and Dignity from the Exercife of Royal Power under the Times of the Old IS. p. ~y Tef ament. But leaving Mr. Palkner with his Canons to fight this. wii'ttTSter out With DeMarco, Scldcn, GroSitu, Schickard, Beiiaimine, Baronins, !m G««r»mr the grcatci: part ot the Jewifh Rabinnical Writers, Blordel, and even J°[ephus, who fays the Kjng teas not to all rvithout the High Priefl, and the Confcni of the Senators; I fhall but mention lome Heads in enci!. which it will be difficult to difprove me.

Ib./. 10^454* i. The Kings of Jfracl-, quatenus Kings, had no Interelt in the Lcgiflativc Power; for that Government lo far continued a Theocrafy, that God, who promiled in an elpccial manner to dwell afcwxi. *?• 45* mong them, was tlicir foie Lcgiflator; and Mr. Palkner himlelf tells F»6c 4^4* us. The Jewifh Common-wealth teas peculiarly order'd by God, or as Pv 45*- he has it cllcwherc, peculiarly Theocratical.

Jn.t.io.

i. Wherc-cvcr any Alteration in the outward Adminiftration, or Circumfhnces of things appointed by God’s Law, delivered by Mofs, went under the Name of any Kjttgi it will hardly be poffible to prove that the Kjng did not make it, cither as lie himlelf was a Prophet, cr by the Direction of the chief Prophet, or Seer; whole Commilfion, if we may judg by that of ‘Jeremiah's, was ■ /»' u all thefc Teftimonies is, that when the Authority, Lews, and “ Rules of Government they liv’d under, did oppofe the Chri/lian “ Profeffion, cr the Truth and Purity of its Doctrine, they thought “ it their Duty fat sent !j to ftffcr, and not, in Oppofition to thoft

“ Laws which were then cftabhfh’d> to take up Armsagainft their “ Governours. And coming to Examples of PaJJivt Obedience among the Jews, when the Sovereign Poorer had undertaken to de/hroi a part of the People, he fays, “ Forafinuchas the Sovereign Power in Judea, and many other ** Eaflem Nations, and alfb in the Roman Empire, as their Laws s»7> >}*• “ declare, had fuch an Authority, that the particular Refcrjpts and “ Edi£ts of the Emperors were accounted Law, and whit they “ determined was a Legal Dccifion or Sentence, and a judicial “ way of proceeding: From tkefe Considerations, he fuppofes it “ was not lawful fbr any of the Perfons in the In fiances above“ mentioned by him, tho fome of them were unjuftly fentenced, ** to have taken Artos in their own Defence. But he tells us. The excellent Conjlitution of our Englifls Govern^ meat hath this advantage among others, that it gives Sufficient Secu¬ rity to the Englijb Subjelfs, that there it no way of judiciary or legal Proceeding by the King himfelf, or any other again(l the Life or Pro¬ perty of any Pcrfon, who lives peaceably and orderly, but according to the eSlabliJn d l aw 's of the Land, and upon a fair Trial of his Cafe : Nor will our Laws allow any fuch general Sentence, which may take im innocent Perfons-

The defiroying Corporations, the managing Juries, and impro¬ ving Religious, and lawful Civil AfTemblies, into Riots, nay, Confults for freafon, had not that been brought to Perfc&ion. And the Dif jxnfing Power having been attempted, but receded from, he fays. The true. Religion it eflablfhed by oUr Laws, and no Law can be repealed or altered to the Prejudice of Englijb Subjects, by the Ple.tfure of any Prince alone, and without the Confcnt of the Peers, and the Reprefentativet of the Commons of England

J4*»

And indeed the good Man takes a great deal of Pains, from the Duty, Honour, and Intcrefl of the Prince, the danger to evil Inflrumcnts, and the like, to prove, that it ought not to be prefumed that any fuch Cafe, as we have known, will happen ; which at this time looks like a Philofophical Argument againft Motion, and deferves the like Confutation. However, looking upon fuch Viola¬ tions as but fmply pofTtble, he maintains that the Declarataion againft Pj** S»* taking Arms ought to be in general Terms; for that fuch extract- ^ J#t> dinary Cafes, as may be put, fail not under Conjideration, (I may add) till they happen; for then they muft be put, and remembred to juftify what thev have render’d neceffary. Nay, himfelf retrains the general Terms to a Subje&’s taking|fa> Arms without any Command front hit. Prince, againft tbofe who all by virtue, and in purfnonet of hit Commiffon £ REGVLARLTJ granted it them.

Tbe Fundamental Conjlitutioti

20

I will yield to him, that it would be an high Reflection upon the Lews of our Realm, if there were need of confulting skilful Lawyers for the general Rule of Duty, and to whom him ought to jeild Obe¬ dience and SubmiJJion: Yet if learned Men will confound the plain Rule of Submiffion to the Powers which are ig being,' by fitting up a fuppofed infcparable Right, in a Power which once had a being, but is become a meer Shadow and Spc&re; ’twill be rcquificc to have rccourfc to them who have taken fomc pains in enquiring into the Conftitution of the Government, to fee what Remedy is thereby allowed in extraordinary Cafes, cunfiin LainAnd whereas, (peaking of Officers fiipjXJs’d by fomc to have ■n, f- V’Authority of rcfifting in fuch Cafes, he fctms to know of none but by Charter or Commijfion having their Authority defending upon the Kjng; a little Skill in the Law, or in Antiquity, would liave inform’d him of fevcral others, at lead fuch as were not fo depenvw- «rf- »f dent, not only hereditary Great Officers, and other Great Men of jSwffcc. M" dtc Kingdom, but other Officers chofcn by the People, the Herevid. 7V Atl.tochii, or Lords Lieutenants, and the Sheriffs anciently, and the tr. Officers in Boroughs by Prescription, and Conftablcs at tliis E-tty -ai tin day. TOPP. Car. i. prmV« thdt u l* tirrfnl, for th Stbjiffi cf riritr gf m kl9 tb •»*'*% without rbt Cttfia sj tbt Ptrlitmui rf tfto Ki^dtms. Sfttiy

t* f*B tfn ibt F*;m wkiA [bit

I will be as ready as he to maintain that for the future, fiich Sup¬ ports as he touches with great Fear and Tcndcrncfs, will be very remote Poffibilities; and being look’d upon in our Law as vain in the Apprchenfion, are thought not to ftand in need of any par¬ ticular Provifion: but he mentions three Cafes in which upon r»P »jt. yeilding the Suppoftions, he grants the Anfwer given by Barclay to two of them, and to all three by Grotius, to be true. To the general Qncflion, May there no Cafes fall out, in which the Page *tj.

People [by their Authority'} may take Arms againfl the Kjng l Barclay anfwcrs, Certainly none, as long as he is Kjng, or unleft ipfb jure Rex c(Tc definat, which is pregnant with the Affirmative, that there may be fomc Cafe wherein lie by Law, or of Right, ceafes to be Kjng. And Barclay manifcflly allows of two, Grotius adds a third branch'd into a fourth, in which Mr. falkner concurs with him, as well as with Barclay and Grotius in the other two.

Pag. sas.*ar. The firft particular Cafe upon which he delivers his own Opi»vw*j ni- nion, without referring to Authorities, is, of a King’s voluntarily fc-iti^rr rclinquifliing and laying afide his Crown and. Government: of this fevcral Examples are mentioned, and among the reft nine of our Saxon Kjngr, and he rightly obferves, that if fuels Perfont e 41 Jbould ail again ft the fettled Government of their reJpcLiive King¬ doms, after they are fixed in the next Heir in an Hereditary Kingdom, or in another King, according to the Conflitution of Eleflive Princi¬ palities ; the refilling any of then* is not the taking Armt againfl the ng, but againfl him who now u a private Per [on. If therefore the late King’s Abdication were fuch a relinquilhv* fcpT'l- mg as he means, which it muft be if he receive Grotim; or if he

K,

hold to the other Cafes, in which, as it will appear, he yields that



of tbr Englifl) Government. lie would be (levelled of Sovereignty; is lawful againd the late King, that other private Pcrlbn. 2. The lecond Cate agreed by all is oi a Prince’/ undertaking to alienate

2f

in all fucli Cafes every thing would be lawful againd any

three, and by Biflicp BUfon, t’J£e sa* his Kingdom, or to yjve it up Minniuifike to the Hands of another Sovereign Power again(l the Mind of his Sobjects. And he thinks Barclay, Grotius, and Bijbop Billon, truly to effect, that fucb an Ait of Alienation, or of acknowledged Snbjcihon, efpcciahy tf obtained by evil Methods, as was done in the Cafe of Kmg John, is null and void; and therefore can neither give any Right of Sovereignty to another, nor di/poffcft the Kina himfelf thereof. But if any fuels Prince (ball actually and forcibly undertake to bring his Subjects under a new Sttpream Power, who have no Right thereto, and (ball deliver up his Kingdom to be thereby poffefs'd. Grotius, faith he, doublet h not, but he way be re fifed in his undertaking; hue then fays Mr. Falkner, this Refolution mnjl proceed upon this ground, that this Aition includetb his deveftng himfelf of bis Soveraignty, to¬ gether with his injurious proceeding againjl thofe who were his Sub¬ jects•* And Barclay, who allows only two Cafts in which a Prince may be deveftd of his Royal Dimity, doth account this t» ha r-g of them. Not to mention the notorious truckling to France, and Pupilage under that bribing and impofing Monarch; fipce the Kings of Eng¬ land are Suprcam in Ecclefiadical, as well as Civil Affairs ; and die late King by Force and open Violation of the Laws, againd the univerfal Bent and Mind of his People, renounc’d his own Su¬ premacy in yielding to the Pope’s; and fmcc the People might refill him therein; but that which judified their refilling him, devefted him of his Soveraignty; ’tis evident, that according to Mr. Falkner, and the ^earned Men, whofc Authority he receives, the late King thereby ceas'd to be King • which fulficicntly jaflifics that Vote of our Convention, fincc confirm’d by the Parlia¬ ment, that a Popijb King is ineonfiflent with this ProteJIant Kina, dons.

$. The lall Queftion, or rather part of a Qucdion, which this P*gr s27learned Author takes notice of in the Rclolution of wliich Lie „ agrees wall Barclay and Grotius, is. Whether tf a Sovcrsugn Prince JrjircytmKisr fliould actually undertake to deftroy his whole Kingdom, or any confide ruble part thereof, they may not in thefe Ctrctimf antes have liberty tf if defending them (elves by taking up Arms ?

it.

5**>52PNow we mud allow him herecodifiinguifh his Sentiments, by inveighing againft Junius Brutus, and other Suhverttrs of Serve- Pagcjig. raign Power, who Jlart and urge this Qncf ion: However it may noc be amils to take him into a Corner, to know his Mind ot the matter, under the Roft. It mud be rt mum bred that lie allowed ot IV »nBarclay, as a competent Judgin the Qncdions which lie determines, and as to a Sovereign Prince's undertaking to tut of, or to ruin and Page jjy.' dtfroy the whole Body of his People, lie acknowledges that this it the other only Cafe in which Barclay tfietmeth a Sovereign Prince to forfeit his Right of Government, and that thereupon it may be lawful to re¬ fill him. Tbo, as I oblcrv’d before. Grottos cites Barclay foe a third, sap. /. a 5.

F

this

23

The Fundamental Conjlitntion

this which he receive: as Barclay'* fccond, as he gathers from Barclay, mtlft not exceed the Bounds of mecr Defence, without any Atten.ptt of invading or revenging', yet it may be a Queftion, how far this may be confident with his yci!di~-. thar a former King in (lie!) cafe becomes a private Perfon. A>' deed I think he is in the right in allowing of no cafe to warrant he.iiiance, till he who had been a r*r 5**- King becomes a private Perfon. Accordingly, neither Barclay nor he, in the cafe of a King’s un¬ dertaking the Ruin of the Whole, or in any other cafe, will a/loir the taking Arms againft the Sovcraign Power; lecaufc a Prince by

r«r si*

fnch an undertaking as this, lofeth hit Royal Authority, and u no longer Kjng ; fc omni dominatn Irjto An.i 55?* J*rim~r.tihu Rffcji’qujfvlo ^i.iurur. - SpcNn*oGIoT. tit. Flii'.itst, «xci»i*1s fi.faUos fcu lqm uniuu ftftlcm etumfere auvmrc tiffl-j;' riCitlo aeccdcre.

f Sj.n. ru/tnd.