ter Rawleigh, one of the greatest Wits of that Age, though he urged a very trivial one, The King's not being crowned; a Ceremony of Pomp and State, not of Ufe or Neceffity, as appears not only in that it could be of no ufe to him, but that feveral Kings have exercifed a full Regal Authority, enacted Laws,, &c. before their Coronations. And fince this Inauguration is but a Formality, let it be well weigh'd, that unless the Monarchy be made purely Elective, and that Part of the Common Law, and the feveral Statutes that have declared it Hereditary, be repealed in exprefs Words, and the Oaths of Allegiance and Supremacy changed, and the Succeffor mentioned by Name, the Act against the Duke falls to the Ground of itfelf, in the Moment in which he happens to out-live the King; for thereby becoming our lawful Sovereign, none can fight against, or oppofe his Right to the Crown, without Prejury and Rebellion; we having fworn to defend, against all Pretenders whatfoever, Foreign or Domestick, the King's Majefty, his Heirs and Succeffors, and all Rights, Privileges, and Freheminences to them belonging, annexed to the Imperial Crown of this Realm. I not the Defcent of the Crown upon the next of Blood one of thefe Rights, &c. acknowledged by the Common Law, and in the Statutes M. Eliz. and Jac.? The Maxim in our Laws, The King never dies, confirming as much. And was not the Duke then, at the taking of thefe Oaths, the next Heir? And what Power on Earth can abfolve from the Obligation of promiffory Oaths, without the Party's own Confent to whom the Promife is made? Let us not rail against the Pope, for depofing Princes, and abfolving Subjects from their Allegiance, and yet allow the Parliament the fame Authority?

The Bill against the Duke is not only of an extraordinary, but of two Natures; one expreffes a prefent Punishment, Exile, which, as a Subject, did the Crime deferve it, none will deny may be inflicted; the other refers to the future, and is at prefent no Punishment, nor can be hereafter; for if he out-live his Brother, his being Kirg in that Moment puts upon him a new Perfon, a Politick Capacity, over which, not before in being, no former Authority could have Power, nor any after, becaufe himself is become Supreme, and, as fuch, by our own, and the Laws of God, fubject to no Earthly Tribunal. Bracton, and all our old honest Lawyers, tell us with one Confent, The King can do no Wrong, i. e. can be accountable to his Subjects for none of his Actions. Nemo quidem de fallis ejus præfumat difputare, multo minus contra fa&tum ejus ire Locus erit fupplicationi, quod factum fuum corrigat emendet; quod quidem fi non fecerit, fufficit ei ad pœnam, quod dominum Deum expecter ultorem.

Now he that fays, The Oaths of Allegiance and Supremacy reach no further than to the King in being, fays not amifs, if he takes the King in his Publick Capacity; for, in that he never dies. But if he means no more than the Perfon of the reigning now Monarch, he cancels with his Death the Obligation of thofe Oaths, and makes Rebellion against the Succeffor no Crime against Confcience, though it may be otherwife against Prudence. This is to elude the Oath, and rob it of the Energy defigned. For, it is plain by the Words Heirs and Succeffors, that the Taker's Obligation continues during their own Lives, let the Perfons of never fo many, Princes be altered; and as certain, that in an Hereditary Monarchy the Duty is owing to the next of Blood: And, that a Parliament, or any Power, may dispense or absolve from the Obligations, VOL. III. Kk

*1pecially

250

A Second Collection of

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efpecially of promiffory Oaths, between Party and Party, without mutual Con fent, is a Doctrine inconfiftent with the Nature of Promifes (where the Promifer gives the other a Right, and makes himself his Debtor) with the Rules of Christianity, of human Society, and all Government. It is no lefs dangerous to affert, That Promiffory Oaths, or Oaths de futuro, are not Obligatory. Such a Principle cancels all the Duties and Bonds of Obedience between Prince and Subject; of which therefore not only the Divines, and my Lords the Bishops, but. the State, is to be very tender and careful. Upon this Foundation, it is evident, that if the Duke out-lives his Brother, and the Monarchy of England, as it is, be Hereditary, and Coronation but Formality, we become upon the Death of the one, the Subjects of the other: And though there may be fome that will not think of this Truth, or nowithstanding will not mind it; yet I am af-. fured, all that are truly Chriftians, and all that are of the Church of England, and wife, will lay it to Heart; for Chriftianity teaches, be the Prince of any or no Religion, we must be obedient, and fubmit ourselves, not only for Wrath, but also for Confcience fake. In the late Times of Ufurpation they were fo fenfible of this, that they made the People covenant against the King, and renounce their former by After-Oaths; yet they durft not depend on that Artifice, with out the Affiftance of an Army. Thus then we fee the Duke cannot want a Party in England, whofe Strength muft over-power any other, when to it is united that of Scotland and Ireland. And here let none be mistaken, as if Scotland were governed or influenced by Prefbyterian Domine's; the Nobility there do wholly fway, and hate refined Prefbytery, and a Plebeian Commonwealth.. Neither will the Scots be more forward to affift the Duke, than the Irish; in. hopes they may thereby find an Opportunity to extirpate the English, and regain their ancient Poffeffions, free themfelves from any Dependence, or at leaft Change their prefent from that of England to France, which on many Scores feems to be the true Intereft of that Kingdom, politickly confidered, either as Popish or Proteftant, without refpect to Religion. It is a ready Inlet to France, who will not be wanting to affift the Duke in this Quarrel, the only way he can hope, by gaining England on his fide, to win the Univerfal Dominion. Now to refift the Duke, an Army must be maintained; the General of that · Army, may turn Papift, or Tyrant, or both; and either way we may be inflav-. ed, by the Duke if he gains the Victory; or, if he lofes it, by our own General. Thus we may, by fhunning one Rock, fplit upon another. The Romans defigning to free themfelves from the feeming Tyranny of Julius Cæfar, (who studied by Clemency and Obligations upon every Body to fecure himself, as muft needs be his Royal Highness's Intereft, as it is his Temper and Inclination) made way for the real and perpetual one, in the Perfons of Auguftus, Tiberius, and their Succeffors. And the Gracians repining against their lawful Emperors, and deeming their juft and wholfome Commands tyrannical and oppreffive, were fo refractory, and fo obftinate, that, through fpite to their Sovereign, they would contribute nothing towards the neceffary Defence of the Empire, when invaded by the Turk, until at laft, through the juft Judgment of the Almighty, (a fitting Punifhment for their Folly) they became a Prey to that Tyrant, and to this day continue the verieft Slaves in Nature.

And, I pray, why muft we run all this Hazard to fecure Religion? If that be the Thing, it may certainly be done by binding up the Hands of a Popith Succeffor

Succeffor by fuch Laws as will make it Felony or Treafon for a Papilt to appear at Court, or bear any Office, and put it out of the Prince's Power to pardon fuch Offences or Offenders. For my own Part, I fee no Caufe to apprehend a Popifh Succeffor, efpecially the Duke, would or could alter our Laws or Reli-gion. To attempt it, would be, for a Crown of Flowers, to forfeit one of Gold and Jewels. Has he ever offered to perfuade any of his Children, or his Servants to change their Opinion? And why fhould we think a Man who has never broken his Word or Promife, and never profeffed nothing more than a Liberty of Confcience, fo reftrained as might be confiftent with publick Peace, fhould, with his Fortune, alter his Judgment, contrary to Prudence, and contrary to his Intereft? Kings are not now a-days Prieft-ridden; and the King of England cannot be fuppofed to deftroy his Subjects at their Defires, more than the Monarchs of France and Germany, and other Princes of that Religion, where Non-Papifts, or Proteftants, live under the Protection of Laws, and enjoy their Liberties, and their Fortunes. Befides, to offer by Force to reduce all to the Church of Rome, would be Folly and Madnefs. Neither the Conftitution of England, nor Chriftianity, will admit of propagating Religion by the Sword. The next King, not to mention that his Subjects in the Three Kingdoms will be above two hundred Proteftants for one Papift, will not have the fourth Part of the prefent King's Revenue; which being infufficient for the neceffary Expences of the Crown, will neceffitate him to have recourse to, and compliance with his People in Parliament.

But now confider the Iffue: If it pleafe God, after this Bill paffed, in fome fhort time to take the King to himfelf, the Princefs of Orange, perhaps in compliment to her Father, and to prevent a War, may refufe; and her Hufband cannot come to the Throne, if the decline it, others being before him. What then? The next after cannot come in; muft the Duke then? No, that is against Law. Here will then be no King; confequently Anarchy and Confusion. But if the Princefs do affume the Crown, and after that, the Duke have a Son, and he bred up in the Proteftant Religion, what will then follow? Still a War. The Princefs will be unwilling to refign, and yet the other is moft certainly King. But if this young Prince fhould, during his Father's Life, or his Sifter's, be kept out; he, or his Iffue after, contending with that of the Princefs, will entail à War upon the Nations. So that upon the whole, if the Duke out-live the King, I fee nothing but Mifery and Defolation like to enfue upon his Difinherifon. And therefore I fay, it is fitter to wave the Act wholly, or endeavour, by proving him guilty of the Plot by fufficient Testimonies, to take away his Life. For, if we cannot be fafe if he fucceed, I am fure we cannot, if he outlive our present Sovereign: A Bill of Attainder will be of no Force; the best Lawyers will tell you, the Defcent of the Crown wafhes that Stain away. A Project of Divorce whifpered between the King and Queen, will not be fufficient Security: For, if that fhould take, which is not probable, because Chriftianity forbids it; yet it is poffible the King may have no Iffue by a new Confort; or, if he have, that the moft will look on them but as illegitimate: And fo, as a questionable Divorce once brought us from the Church of Rome in Henry VIII's Days, another may return us thither, during, or foon after the Reign of CHARLES II. Ted: And

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And here I would have it remembered, that the Nature of Parliament rea quires their intermeddling only with what the King fhall propound or approve He calls them to advise and deliberate as Counsellors, not to impofe upon him in any Particular, Let therefore the Spirit of Moderation govern and direct. their Counfels, put an End to the Plot, by trying the Accufed. It has lost Eng. land in its Trade already Six Millions, as has been lately computed by knowing Perfons; encreased our Jealoufies and Fears at home, made us a Scorn and Reproach abroad, and expofed us to be a Prey to the Defigns of Foreigners. Let not the Ambition, Malice, or Revenge of any of our Fellow-Subjects prevail to the enslaving ourselves and our Pofterities. If the Power of the Commons grow exorbitant, the Lords are with the King to counterpoife it, to prevent the otherwife not avoidable Ruin of the Commonwealth. To the Lords then this Addrefs is humbly fubmitted, praying they would betimes confider all the fatal Confequences of the Bill of Exclufion. The Love of Truth and Juftice, Cau rage, and the Practice of thofe Virtues in this great Affair, are the only Prefervatives of England's prefent Peace and future Happiness. Felix quem faciunt aliena pericula cautum, Remember what is past, and then I fhall not need to add more than this, -Verbum fapienti. As for others, guided or misled by Ignorance, Malice, or Intereft, I can only fay, with the Poet,

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Quid cum illis agas, qui neque jus, neque bonum atque æquum fciunt?g
Melius, pejus, profit, obfit; nibil vident, nifi quod lubet.pd

And therefore I leave them to Time for a better Temper, to the Conduct of their own Reason, and God's Providence, for the Cure of their Folly, and for a better Understanding.

Since I finished this Difcourfe, the following Letter came to my Hands; and believing it as advantageous to the Publick, as it is ingenious, I have refolved to add it, that thofe who might repent the Charge of the former, may be recompenfed by the latter.

I

S.IR,

A M grieved at my very Soul, and infinitely afhamed, to find by your last, that any make the Suppofition of the Duke's being a Papist, and confequently unfit to govern, the Pretence of running fo high against the Monarchy.; and, that fo many are drawn into this violent Courfe and Faction, upon the Surmife of his being, if once offended, irreconcileable.

I fhall, in few Words, return you my Opinion on these two Points; I cannot indeed but look on both as meer Artifices of ambitious Men, who, miffing a Share in the prefent Conftitution, contrive another Government, I wish I had not too much Caufe to fay, it will at laft end in a Commonwealth For, if nothing were in their Heads, but fecuring the Established Religion, they would not oppofe Popery alone, but Prefbytery, equally with the other deftructive of that, for which they do not only open a Gap, but for the Opinions of all other Sectaries. And we cannot here but obferve with Astonishment, and with Refolutions, which have put us upon Preparations, of sticking by our Sovereign,

against

against all manner of infolent and rebellious Practices whatfoever, that the Commons have not brought any one Man into Trouble, befides Papifts, but Men of known Loyalty, and of the Church of England; addreffing, by repeated Inftances, in Favour of H who ought, in our Opinion, to have been exe cuted for Treason, if guilty of no other Crime than his faying he could be backed with fixty thousand Men, to ftand by him for printing that feditious Libel, The Appeal.

How is Popery more d

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How is Popery more dangerous than Prefbytery, either in Principles or Practice? Suppofe the firft is for the King-killing and depofing Doctrine, of which all her Profeffors are afhamed, and therefore difown it as a general Tenet, allowing it only a probable Opinion of fome private Divines: And where have Princes felt the Effects of it, as they have in Germany, from the Anabaptifts; in France, from the Hugonots; in the Netherlands, from the Geufes in Geneva, Scotland, and England, from the Prefbyterians? For Shame let us give the To 90 Devil bis due, and not make bim blacker than be is 35. 1994 or 1961 It was the Prefbyterians of Scotland that made War against, and banished ! their lawful Queen Mery, and began the Rebellion in 37, against King Charles P. It was thefe in England, and not the Papifts who fought in his Defence, that cut off this Prince's Head.

But what if the Papifts fay, an Heretick King may be excommunicate and depofed, and that every one is fo, that is not of the Church of Rome? Does not the Prefbyterian fay the fame in other Words? And is not the dogmatical Claffis, or Synod, the fole Arbitrator, and as imperious and infallible as St. Peter's Chair, That Dominion is founded in Grace? and, that an idolatrous King may be cut off? and, that a King is but the People's Officer or Trustee; and if he fails in his Duty, of which they alone are to be Judges, they may refume their Grant, and spurn him befide the Throne? Put one anent the other, the Hare's Head against the Goofe Giblets, and Dee'l a Barrel better Herring will you find among all. The Cafe is fo plain, I need not inftance Authors, efpecially in a private Epiftle: But let me fee whether Knox or Buchanan's Difciples, or any of your English Prefbyter Followers, can purge themselves, and their Writings, from thefe pernicious Principles. Did not all the Popish Plotters lately executed, not only aver their own Innocence, but deny the King-killing Doctrine? Was not the contrary plain here with us, in the feveral Rifings of the Whigs? And did not the Murderers of the Archbishop of St. Andrews, as well as thofe juft now by-paft, maintain the Lawfulness of their Proceedings, and chufe to die, affert ing the King was juftly excommunicate, and that it was doing God Service to kill him, rather than take their Pardon, and difown thofe damnable Tenets, and Doctrines of Devils? What a ftir all over the Nation, has the Murther of a fingle Juftice of the Peace, Sir Edmund-Bury Godfrey, made? And even that, by the Papifts, is not fo very clear, but that fome doubt whether they were really the Authors: But granting they were, thofe that fuffered for the Crime denied it, with horrid Execrations, and Affeverations of their Innocence and yer allowing them guilty, that is much, very much, lefs than the barbarous Affaffinations of a Protestant, the Metropolitan of Scotland; the wicked Inftru; ments of which, the Prefbyterians, were fo far from difowning it, that they im pydently gloried in that inhuman Act, as a meritorious Piece of Zeal and De

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vation,