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out of this kingdom, has abdicated the government; and that the throne is thereby vacant.' For which misgovernment, he bas forfeited the trust of the regal inheritance of the executive power, both in himself, and in his heirs, lineal and collateral; so that the same is devolved back to the people, who have also the legislative authority, and consequently may of right give, and dispose thereof, by their representatives, for their future peace, benefit, security, and government, according to their good-will and pleasure. And, foras. much as it is absolutely necessary at all times, but in this dangerous conjuncture especially, that the government be speedily settled on sure and lasting foundations; and consequently that such person or persons be immediately placed in the throne, in whom the nation has most reason to repose an intire confidence; it, therefore, now lies upon us to make so judicious a choice, that we may, in all human probability, thereby render ourselves a happy people, and give our posterity cause to rejoice, when they read the proceedings of this wise and grand convention. Who is it, therefore, that has so highly merited the love and good opinion of the people, the honour of wearing the crown, and swaying the scepter of this land, as his il. lustrious Highness the Prince of Orange? Who, with so great ex. pence, hazard, conduct, courage, avd generosity, has happily rescued us from popery and slavery, and, with so much gallantry, restored us to our ancient rights, religion, laws, liberties, and properties; for which heroick action, we can do no less, in prudence, honour, and gratitude, than pray him to accept our crown.

II. It is better to settle the exercise of the government in one who is not immediate in the line, than in one that is. 1. Because it is a clear asserting of a fundamental right, that manifests the con. stitution of the English government, and covers the subjects from tyranny and slavery. 2. It cuts off the dispute of the pretended Prince of Wales. 3. The old succession being legally dissolved, and a new one made, the government is secured from falling into the hands of a Papist.

III. The making the Prince and Princess of Orange, king and queen jointly, is the nation's gratitude and generosity; and, by re. continuing the line in remainder, is manifested the inestimable value the people have for the two princesses, notwithstanding the male. administration of their unhappy father.

IV. The present state of Europe in general, and of these king. doms in particular, requires a vigorous and masculine administration, To recover what is lost, rescue what is in danger, and rectify what is amiss, cannot be effected, but by a prince that is consum. mate in the arts both of peace and war. Though the prince and princess be king and queen jointly, and will equally share the glory of a crown, and we the happiness of their auspicious reign; yet the wisdom of the grand convention is manifested, First, In placing the executive power in one of them, and not in both; for two persons equal in authority, may differ in opinion, and consequently in command; and it is evident, no man can serve two masters. Secondly, It is highly necessary and prudent, rather to vest the ad. ministration in the husband, than in the wife. 1. Because a man, by nature, education, and experience, is generally rendered more ca. pable to govern, than the woman; therefore, 2. The husband ought rather to rule the wise, than the wife the husband, especially con. sidering the vow in matrimony. 3. The Prince of Orange is not more proper to govern, as he is man and husband only, but as he is a man, a husband, and a prince of known honour, profound wisdom, undaunted courage, and incomparable merit; as he is a person that is natnrally inclined to be just, merciful, and peaceable, and to do all publick' acts of generosity for the advancement of the interest and happiness of human societies, and therefore most fit, under hearen, to have the sole executive power.

THE

DOCTRINE OF PASSIVE OBEDIENCE,

AND JURE DIVINO, DISPROVED,

AND

OBEDIENCE TO THE PRESENT GOVERNMENT PROVED,

FROM SCRIPTURE, LAW, AND REASON. Written for the satisfaction of all who are dissatisfied at the

present Government, BY A LAYMAN OF THE CHURCH OF ENGLAND. London, printed for Randal Taylor, near Stationers-Hall, 1689.

Folio, containing two pages.

God by no word binds any people to this, or that form of govern. ment, till they by their own act bind themselves.

None ought to advance the greatness of his sovereign, with the publick detriment.

The end of magistracy is the good of the whole body, head and members conjunctly; but, if we speak divisim, then the good of the society is the ultimate end; and, next to that, as conducent to that, the governor's greatness and prerogative.

The measure of our government is acknowledged to be by law; and therefore the king cannot confer authority to any beyond law; 50 that those agents, deriving no authority from him, are mere instruments of his will, unauthorised persons, in their assaults, robbers.

King Charles the First's declaration at Newmarket, 1641, says, that the law is the measure of his power.

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out of this kingdom, has abdicated the government; ar throne is thereby vacant.' For which misgovernm forfeited the trust of the regal inheritance of the ex both in himself, and in his heirs, lineal and collat same is devolved back to the people, who have authority, and consequently may of right give. by their representatives, for their future peace goverument, according to their good will an much as it is absolutely necessary at all ti conjuncture especially, that the govern sure and lasting foundations; and con persons be immediately placed in the most reason to repose an irtire cr upon us to make so judicious a probability, thereby render ourst posterity cause to rejoice, when the, wise and grand convention. Who is it, . merited the love and good opinion of the wearing the crown, and swaying the scepter o lustrious Highness the Prince of Orange? Who, pence, hazard, conduct, courage, avd generosity, has ha us from popery and slavery, and, with so much gallantry, us to our ancient rights, religion, laws, liberties, and propertit. which heroick action, we can do no less, in prudence, honour, au gratitude, than pray him to accept our crown.

II. It is better to settle the exercise of the government in one who is not immediate in the line, than in one that is. 1. Because it is a clear asserting of a fundamental right, that manifests the con. stitution of the English government, and covers the subjects from tyranny and slavery. 2. It cuts off the dispute of the pretended Prince of Wales. 3. The old succession being legally dissolved, and a new one made, the government is secured from falling into the hands of a Papist.

III. The making the Prince and Princess of Orange, king and queen jointly, is the nation's gratitude and generosity; and, by re. continuing the line in remainder, is manifested the inestimable value the people have for the two princesses, notwithstanding the male. administration of their unhappy father. · IV. The present state of Europe in general, and of these kingdoms in particular, requires a vigorous and masculine administration. To recover what is lost, rescue what is in danger, and rectify what is amiss, cannot be effected, but by a prince that is consum. mate in the arts both of peace and war. Though the prince and princess be king and queen jointly, and will equally share the glory of a crown, and we the happiness of their auspicious reign; vet the wisdom of the grand convention is manifested, First, In placing the executive power in one of them, and not in both; for two persons equal in authority, may differ in opinion, and consequently i command; and it is evident, no man can serve two masters. secondly, It is highly necessary and prudent, rather to vest the ad.

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designed, by this oath, to bind themselves and the community to be so passive, that, if the king endeavoured to cut our throats, or overthrow the laws, rights, and privileges of the subject, and endeavoured to bring in popery and slavery, we should stand still, and let him ? Let all the world judge, whether it can with any reason be thought.

If an absolute monarch should degenerate into so monstrous un. natural a tyranny, as apparently to seek the destruction of the whole community, then such community may negatively resist such subversion, and, if constrained to it, positively resist such endeavours, and defend themselves by force against any instruments whatsoever, for the effecting thereof.

First, David did so, when pursued by Saul, he made negative re. sistance by flight; and doubtless, if negative would not have served the turn, he intended,

Secondly, To make positive resistance, else why did he strengthen himself by forces, but by that force of arms to defend himself? If then he might do it for his particular safety, much rather may it be done for the publick, especially in a limited monarchy.

Resistance ought not to be made against all illegal proceedings, but such which are subversive and unsufferable, as when there is an invasion actually made, or eminently feared, by a foreign power, or when, by an intestine faction, the laws and frame of government are secretly undermined or openly assaulted; in both these cases, the being of the government being indangered, the people's safety and trust bind them, as well to assist the king in securing, as to secure it by themselves, the king refusing.

A monarch acting according to his power, not exceeding the au. thority which God and the laws have conferred on him, is no way to be opposed either by all or any of his subjects, but in conscience to God's ordinance obeyed. This is granted on all sides.

The prince is bound to the laws, on the authority whereof his au. thority depends, and to the laws he ought to submit.

The end of a king is the general good of his people, which he not performing, he is but the counterfeit of a king.

The obligation of an oath is dissolved by the cessation of the mat, ter of it, or by any remarkable change about the principal cause of the oath; the obligation of a nation's allegiance to their prince can be nothing else, but his being in actual capacity to command and protect them. Whensoever, therefore, this actual capacity is changed then the obligation to obedience must be changed also.

The reciprocal obligation, there is between the king and the peo. . ple, binds the one to protection and just government, and the other to tribute and obedience; and those duties of protection and obedience appear to be correlative: so the law has appointed reci. procal oaths to be taken for the better inforcing the performance of these respective duties, that is, the coronation oath on the king's part, and the oath of allegiance on the subjects, which is an agree. ment or covenant between king and people. All agreements are coq

venants, but much more that, which hath the obligation of an oath to bind it.

I ask, whether it is not as reasonable, a king conspiring the ruin and destruction of his people, by breaking his oath or contract, and destroying the very foundation of government, and in lieu thereof bringing in popery and slavery, as the late King James did, he should forfeit and lose the right of governing, as that the people con spiring against him should suffer death?

I ask, whether the authority which is inherent in our kings be boundless and absolute, or limited and determined? So that the acts which they do, or command to be done, without that compass and bounds, be not only sinful in themselves, but invalid, and not autho, ritative to others.

The word loyal comes from the French word la loi, which is to be legal, or true to the laws of the land; and, on the contrary, he that obeys the commands of his prince, contrary to the laws of the land, is so far from being loyal, that he is an illegal person, and a betrayer of the known laws of his country,

Passive obedience is popery established by law, whenever the prince shall please, and by consequence slavery; whereas the subjects of En. gland never were slaves in any particular, nor ever would be in the darkest times of popery.

I ask, where was the doctrine of passive obedience, when Queen Elisabeth assisted the Hollanders against their lawful sovereign the King of

in, and when she assisted the Protestants of France at vast charge, in the reigns of Charles the Ninth, and Henry the Third, and in King Charles the First's reign, the expedition of Ro. chel was

carried on by king and parliament, and cordially agreed to by the fathers of our church, and yet the Protestants of France could never pretend to any such privileges as England can justly claim ?

The late King James's life has been but one continued and formed conspiracy against our religion, laws, rights, and privileges; and what can be expected from such a prince, who is a Romanist, and has vio. lated his oath before God and man, and endeavours to re-establish himself with the sword, by the assistance of one of the greatest tyrants that ever the world produced ?

It cannot be proved that monarchy was originally instituted by God Almighty, or that we are commanded to obey kings, exclusively to all other government,

I ask, where was there such a thing as a king for the first sixteen hundred years and upwards, which is to the deluge, or for several hundred

years after it? The first king, at least the first mentioned in holy writ, is Nimrod, of the posterity of Cham, wlio began his king, dom in the second century after the flood; whose kingdom was foun, ded by force and violence; so that the very foundation of monarchy seems to be laid from this person, which makes but little for jure din pino. If kings are by divine appointment, is it not rational to believe that God would have commanded all the world to have been governed

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