Matters being in this Pofture with us in the Country, and fuch being the common Expectations of all Men, I must confefs I found that general Vote, against those that omitted to take the Oaths, did not only affect the Perfons concerned, who, I'll affure you, are very numerous, and have many Friends and Relations that pity their Cafe, but I perceived all Sorts of People concerned at it; for they looked upon it as a leading Card to their own Mifcarriages, tho' of another Nature: All thofe that were concerned fo much in Addresses and Abhorrences in the Reign of King Charles the Second, who are a great Part of the Church of England; and all thofe that figned Addrefes, or other Papers for taking away the Tefts and Penal Laws, who are a great Part of the Diffenters (not to mention a Multitude of greater Offenders, who cannot expect to fare better) are terribly afraid of thefe Proceedings; and where there is Fear, there you will always find Hatred and Averfion. So that I may fafely fay, that the Confequences of thefe Things are dangerous at fuch a critical Juncture of Time; and tho' the evil Effects thereof may not be fo vifible to the World, yet I fear this Nation may too foon be fenfible of them. Therefore it is that I have thought fit to put you in Mind of that Abdication and Vacancy, which being voted by you as a Matter neceffary both for your own particular Indemnity, as well as the general Intereft of the Nation, the Benefit thereof cannot without fome Inequality (not to fay more) be denied to the more general Miscarriages and Offences of the Nation. But there are fome zealous Men in the World, who being lately freed from severe Ufage themfelves, are not contented with Revenge against their particular Adverfaries, unless they can involve all Mankind (Friends as well as Foes) in Troubles and Afflictions. And from fuch Men as thefe, who are neither willing to admit of this, nor any other Act of Indemnity, I meet with feveral Objections, which I thought fit to give a fudden Answer to, for your private Satisfaction; and that with all the Submiffion and Deference imaginable to the Wisdom of our Superiors at this Time affembled in Parlia

ment.

Object. I. That nothing is more common in our Law-Books, than to find Offences, committed in one King's Reign, to be called in Queflion and punished in the Reign of his Succeffors; and that their prefent Majefties (whom God long preServe) being crowned King and Queen of England, &c. there is the fame Reafon in this, as in all other Cafes.

Refp. There are indeed many Cafes and Inftances of that Kind; but the Reason why there may be a Retrofpect in fuch Cafes, is a clear Illuftration why there may not be in this. There is as much Difference between the two Cafes, as there is between a Defcent and Purchafe at Common-Law: The Heir by Defcent may diftrain upon the Tenant for Rent, partly incurred in the Life of the Ancestor; but a Perfon that comes in by Purchafe cannot. The Law cafts a Freehold upon the Heir by Defcent, before Entry; upon a Purchafer it doth not. But in the Cafe of the Crown, there feems a much greater Difference in the Cafe of a Defcent to the Crown, the fame politick Capacity remains in effe, tho' in another Perfon; and therefore it is faid in fuch a Cafe, That the King

never

never dies, but he is faid only dimittere Coronam upon the next Heir; for in fuch a Cafe the Law allows of no Interval, or Inter-Regnum, but the Regal Power is immediately devolved upon the next Heir by Conftruction of Law. And fince the politick Capacity remains without Interruption, and the Execution (or punishing Power) of the Law is lodged in the King, by reafon of the politick Capacity, and fince all Offences are committed contra Coronam & Dignitatem fuam, against the King, by reafon of his politick Capacity and not by reafon of his natural; that is, against him quatenus Rex, and not quatenus Homo: Where the regal Power continues without Interruption, and therein the executive Power of the Law; there Offences against that Power do continue alfo, and may be punished.

But in this prefent Cafe, where there is a total Vacancy of the Throne by the late King's Abdication of the Government, both the natural and politick Capacity, and therein the entire Subject of the executive (or punishing) Power of the Law, is in Judgment and Conftruction of Law totally merged and extinct by Leffor and Devolution of the Government upon the People; and where there is a total Failure both of the politick Capacity and of the executive (or punishing) Power, there muft, by Confequence, be an Indemnity to all Offenders.

Where there is a total Vacancy of the Throne, or regal Power, there must be a Vacancy of Offences against that Power.

And the late King James could not abdicate the Government, but he must alfo abdicate that which was infeparably annexed to it, viz. The executive Power of the Law, unless you will fupport as great a Miracle as Tranfubftantiation, by preferving an Accident, or abftracted Power, without its Subject.

Object. II. There are fome Offences which are not only against the King, but being against the fundamental Conftitution of the Government, are Offences against the People also; and thofe Offences may remain, notwithstanding an Abdication of the regal and punishing Power.

Refp. What thefe Offences against the People are, we do not find determined in our Books of the Law; but this I have often read, That the King may pardon all Offences whatsoever: And where the King may abdicate the Government from his Heirs, tho' he could not difpofe of it from them à fortiori, he may abdicate the Punishment of all Offences, where he had a Right to pardon them.

But fecondly, Let the Offences be of what Nature they will, if they must be punished at this Day, the Indictment must run in this Manner, for Inftance, in the Cafe of Treafon :

Quod A. B. nuper de L. gen' ut falfus proditor' contra Illuftriffimum & Chriftianiffimum Principem Jacobum fecundum, nuper Angl' &c. Regem, ad tunc fupremum & naturalem Dominum fuum, timorem Dei non habens, nec debitam, legianciam fuam ponderans, fed inftigatione Diabolica feductus, cordialem dilectionem & veram & debitam obedientiam, quam verus & fidelis fubditus dict' nuper Regis erga ipfum Regem gereret & de jure geffiffe tenebatur, penitus fubtrahere, delere & extinguere intendens (tali die anno & loco) falfe, malitiofe & proditorie confpiravit, imaginatus

fuit, circumivit & compaffivit dictum nuper Regem interficere, et ad mortem & finalem deftructionem adducere, and fo forth-And then concludes, Contra legiancie fuæ debitum, ac contra pacem di&ti nuper Regis, coronam & dignitatem fuam.

The like form, mutatis mutandis, is to be observed in all leffer Offences, Now, if no fuch Offence can be punished but by Indictment of this Form, for committing fuch a Fact against the Peace of the late King James, his Crown and Dignity, fince his Crown and Dignity are totally vacated and extinct, how can any Offences remain ?

Object. III. That by a late Act of Parliament for reviving of Actions and Proceffes, and for fupplying other Defects relating to Proceedings at Law, it is provided, that in Indiments, Informations or Actions, wherein Conclufions ufed to be [contra pacem Domini Regis] to conclude [contra pacem Regni] and the Indictments fhall be good, tho' the Words [Domini Regis Coronam & Dignitatem fuam] be omitted.

Refp. That this Statute extends only to Offences committed between the 11th of December, Anno 1688, and before the 13th Day of February following, and not to any Offences committed before the late King's Departure, nor after the proclaiming of their prefent Majefties: So that this Statute can be no real Objection, but on the contrary, may rather feem to enforce the precedent Argugument. Nay, here feems an Authority of this prefent Parliament in this Point; for they agree, and have thereby determined, that after the Abdication of the Government, all Indictments contra pacem Domini Regis, Coronam & Dignitatem fuam, are void: But at this Day no Offences committed before the late King's Departure can be punished, but by fuch an Indictment or Information; therefore they cannot be punished at all.

Object. IV. That this Opinion is of the first Impreffion, and only promoted by Some guilty Lawyer, one of the Ringleaders of all our late Miferies; and that it would be inconvenient that thofe evil Counsellors, who by their Advice had almoft facrificed the Nation to Popery and Slavery, should reap the Benefit of fuch an Indemnity.

Refp. It is not defired that they should; but fuch as the Parliament in their great Wisdom fhall think fit, are by all People freely fubmitted to a Bill of Attainder. The Reprefentatives of the Nation may, if they please, fupply the Defect of a Jury; and, after hearing the Parties in their own Defence, inflict what Punishment feems juft and equitable in their great Judgments upon particular Perfons.

This is a Lawyer, you well know, intends nothing but the publick Good, and humbly conceives this Opinion is as ancient as the other upon which it's grounded: But having for fome Years withdrawn himself from Practice, humbly begs a favourable Conftruction of fuch an hafty Letter.

As to all thofe worthy Members of your Acquaintance, that neglect their own Concerns for the publick Service of the Nation, you may affure them, that nothing is fo much wanting amongst us in the Country, as an exprefs Act

of

of Indemnity, which the People do humbly, hope that their Majefties in their great Goodness and Clemency will not permit to be any longer delay'd, especially fince your own Proceedings give them fuch a Title to it. When that is paft, you will find England will be united, the Throne established, and no Hopes left for France. Et præftat Cautela quam Medela.

A Representation of the threatening Dangers impending over Proteftants in Great-Britain, before the Coming of his Highness the Prince of Orange. By Mr. Ferguson. 1689.

TH

HEY are great Strangers to the Tranfactions of the World, who know not how many and various the Attempts of the Papifts have been, both to hinder all Endeavours towards a Reformation, and to overthrow and. fubvert it where it hath prevailed. For befide the innumerable Executions and Murders, committed by means of the Inquifition, to crush and stifle the Reformed Religion in it's Rife and Birth, and to prevent it's Succeeding and Settlement in Spain, Italy, and many other Territories; there is no Kingdom or State, where it hath so far prevailed as to come to be univerfally received and legally established, but it hath been through ftrange and wonderful Conflicts with the Rage and Malice of the Church of Rome. The Perfecutions which the Primitive Chriftians underwent by virtue of the Edicts of the Pagan Emperors were not more fanguinary and cruel, than what through the Laws and Ordinances of Popish Princes have been inflicted upon thofe, who have testified against the Herefies, Superftitions, and Idolatries, and have withdrawn from the Communion of the Papal Church. Nor were the Martyrs, that fuffered for the Teftimony of Jefus against Heathenifm, either more numerous, or more worthy of Esteem for Virtue, Juftice and Piety, than they who have been slaughter'd upon no other Pretence, but for endeavouring to restore the Chriftian Religion to the Simplicity and Purity of it's Divine and first Institution, and to recover it from the Corruptions, wherewith it was become univerfally tainted in Doctrine, Worship and Discipline. How have all the Nations in Europe been foak'd with the Blood of Saints, through the barbarous Rage of Popish Rulers, whom the Romish Bishops and Clergy ftirred up and inftigated, in order to support themselves in their Secular Grandeur, and in their Tyranny over the Confciences of Men, and to keep the World in Slavery under Ignorance, Errors, Superftition, and Idolatry; which the reducing Christianity again to the Rule of the Gospel would have redeemed Mankind from, and been an effectual Means to have diffipated and fubverted? They of the Roman Communion, having ftrangely corrupted the Chriftian Religion in it's Faith, Worship, and Difcipline, and having prodigiously altered it from what it was in the Doctrines and Inftitutions of our Saviour and his Apostles, found no other Way

whereby

whereby to sustain their Errors and Corruptions, and to preferve themselves in the Poffeffion of that Empire which they had ufurped over Confcience, and in the Enjoyment of the Wealth and Secular Greatnefs, which by working upon the Ignorance, Superftition, Lufts and Prophanenefs of the People, they had fkrewed and wound themselves into, but by adjudging all who durft detect or oppose them to Fire and Sword, or to Miferies, to which Death in it's worst Shape were preferable. Nor have they, for the better obftructing the Growth, and compaffing the Extirpation of the Reformed Religion, omitted either the Arts and Subtilties of Julian, or the Fury and Violence of Galerius and DiocleJian. Whofoever hath not obferved the Craft and Rage that have been employed and exerted against Proteftants for thefe 170 Years, muft have been very little converfant in Hiftory, and ftrangely overlook'd the Conduct of Affairs in the World, and the Tranfactions in Church and State during their own Time. And tho' the Papifts do not think it fit, to put their Maxims for preserving the Catholick Religion, and converting Hereticks, in Execution at all Times, and in every Place, yet fome of their Writers are fo ingenuous as to tell us the Reason of it, and that they do not forbear it upon Principles of Chriftianity or Good-Nature, but upon Motives of Policy and Fear, left the cutting one of our Throats might endanger two of their own. However, they have been careful not to fuffer a Period of Twenty Years to elapfe, fince the Begining of the Reformation, without affording us, in fome Place or another, renewed Evidences of Papal Charity, and of the Roman Method of hindering the Growth of Herefy, either by a Maffacre, War, or Perfecution, begun and executed upon no other Account or Provocation, but merely that of our Religion, and because we cannot believe and practise, in the Matters of God, as they do. And having obtained of late great Advantages for the pursuing their Malice against us, more boldly and avowedly than at another Seafon, and that not only through a strange Concurrence and Conjunction of Princes in the Papal Communion, who are more intoxicated with their Superftitions and Idolatries, or lefs wife, merciful, and humane, than fome of their Predeceffors of that Fellowship were, but through having obtained a Prince intirely devoted unto them, and under the implicit Guidance of their Priests to be advanced unto a Throne, where fuch fometime ufed to fit as were the Terror of Rome, the Safeguard of the Reformed Religion, and the Sanctuary of oppreffed Proteftants; they have thereupon both affumed a Courage of flirring up new and unprecedented Perfecutions in divers Places, against the most useful, best and most loyal of Subjects, upon no other Charge or Allegation, but for diffenting from the Tridentine Faith, and denying Subjection to the Triple Crown, and are raised into a Confidence of wholly extirpating Proteftancy, and of re-establishing the Papal Tyranny and Superftition, in the feveral Countries whence they had been expelled, or ftood fo preffed and discountenanced, as that the Votaries and Partizans of their Church had not the Sway and Domination. Nor need we any other Conviction, both of their Defign, and of their Confidence of Succeeding in it, than what they have already done, and continue to purfue in France, Hungary, and Piedmont, where their profpering to fuch a Degree in their cruel and barbarous Attempts, not only gives them Boldness of entertaining Thoughts of taking the like Methods, and acting by the fame Measures, in all Places where they find Rulers at their Beck, and under their Influence, but to unite and pro

voke