at Westminster, to dispatch, fome Bufinefs in order to keep the Term but were forbidden to proceed by the Prince of Orange's Secretary: So that it is plain, it was the Opinion of thefe Reverend Judges, that their Commiffions from His Majesty were still in Force. But in the next place,

§. 24. If His Majefty had deputed any Perfons to Repre fent him in Parliament, this Method would have been attended with new and infuperable Difficulties. For,

. 25. 1. If they had been Limited they would not have given Satisfaction: For it being impoffible to forefee the Bu-. finefs and Votes of a Parliament at a diftance; If they had been reftrained to certain Points, in all probability they would have wanted Power to have paffed all the Bills, and and fo their Deputation would not have Anfwered the Defire of the Houles, and the greatest part of their Grievances might have been counted unredreffed. If it's faid that the Par liament might have requested an Enlargement of their Commiffion from His Majefty. To this I Anfwer. That the Convention may fend to His Majefty for an Expedient now if they pleafe. And, I hope, they will; for I hear his Majefty has been fo gracious as to fend to them. But,

2. If thefe Commiffioners were unlimited, it would be in their Power to do a great many things prejudicial to the Crown; In fuch a Cafe they might alter the Monarchy into a Commonwealth, or Sign the Depofing of his Majefty, if fuch Bills fhould happen to be offered. And though there may be many Perfons of Honour, and Confcience enough, to lodge fuch a Truft with: Yet in regard his Majefty has been lately mistaken in fome, of whofe Fidelity he had fo great and Affurance, he has small encouragement to be over confideing for the Future. Indeed no Wife Prince will Truft fo vaft a Concern, as a Kingdom, with the Honefty of another, e. fpecially when many of his Subjects are difaffected, and in a Ferment. So that nothing can be more unreasonable than to expect fuch Plenipotentiary and Abfolute Commiffio

ners..

S. 26. 3. I fhall prove in the laft place, That we have no Grounds, either from the Laws of the Realm, or from thofe of Nature, to pronounce the Throne void, upon fuch a Retreat of a Prince as we have before us.

1. To begin with the Laws of the Realm, which are ef ther Acts of Parliament, or thofe we call Common Laws. Now there is no Statute, fo much as pretended, to fupport this Deferting Doctrine; and if there was, it's certain no fuch can be produced. Indeed a Prince muit be very weary of Governing, and void of the common Inclinations of Mankind; who would fign a Bill of this Nature, and give his Subjects fuch a dangerous Advantage againft himfelf, and his Pofterity.

Neither has this Opinion any better Countenance from Common Law: For Common Law is nothing but Antient Ufage, and Immemorial Cuftom. Now Cuftom fuppofes Precedents and Parallel Cafes: But it's granted of all Hands, That the Crown of England was never judged to be Demifed, by the withdrawing of the Prince before now. And, therefore it follows, by undeniable Confequence, that this Opinion can have no Foundation in the Commmon Law, because there is not fo much as one Ruled Cafe to prove it by. Nay, our Laws are not only filent in the mainte nance of this Paradox, but against it, as I fhall make good by Two Precedents.

§. 27. 1. From the Cafe of Edward the IV. who having not fufficient Force to Encounter the Earl of Warick, who had raised an Army for King Henry, was obliged to fly the Kingdom; but that he deputed any Perfons to Represent him, our Hiftories don't give us the leaft Intimation: Neither was it Objected at his return, that he had Abdicated the Government, by omitting to Conftitute a Regent. Neither is it material to Object, that all Difputes of this Nature were overruled by his Victorous Army; For if it had been the known Law of this Realm, that a Prince had ipfo facto forfeited his Crown by going beyond Sea, without leaving a Deputation, though his Departure fhould happen to be Involuntary: If this, I fay, had been the Law of the Kingdom, it would not only have been a great advantage to Henry the VI. and made the Nation ring of it, (of which there is altum Silentium ;) but we may be well affured, King Edward would not have conferr'd Honour, worn the Crown, and taken the State and Authority of the King upon him, till he had been Re-Established by Parliaments. But that he did Exercife all

U 2

Acts

Acts of Soveraignty before the calling of a Parliament, appears from Daniel, Stow,and Baker. And when the Parliament was Convened, those who had taken up Arms against him. were found Guilty of Treafon, and his Adherents were re ftored to Blood and Estate (Daniel.) But there was no Con firmation, or Refifting or his Title, which is a Demonftration there was no need of it; and that this Abdicating Doctrine was perfectly unknown to that Age.

§. 28. 2. To come nearer our own Times, what Seals, or Commiffioners did Charles the II. leave behind him after Worcester Fight? And yet, I beleive, no Mortal ever urged this as an Argument against his Reftauration. If it be Anf wered, that there was much more danger in this cafe, than in that before us. To this I reply, that if we Examine the matter more narrowly, we fhall find the difparity very inconfiderable. For was there not a numerous Army of Foreigners and Subjects in the Field, against his prefent Majefty at his retiring? What Power or Authority, or fo much as Liberty was there left him? And I am afraid that at that time he had fewer Friends to ftand by him, than his Brother after that unfortunate Battle in 51.

§. 29. And fince this pretended Dereliction has no manner of Protection from the Conftitution, it has no other refuge but the Laws of Nature to fly to; but a very little Storming will ferve to drive it from this laft Retrench

ment.

§. 30. For the Law of Nature is nothing but the Reason of the Thing. Now impartial Reafon has always a regard to the Circumftances of Action, and makes Allowances for Surprife, for Straitnefs of Time, for Refentment upon extraordinary provocation; and never takes advantage of an O miffion, which may be fairly Interpreted, from any or all of these Caufes. I mention this not that the prefent Cafe needs any fuch Allowance, but to fhew that the Law of Nature would admit it, if Occafion required. 'Tis true, written Laws, either through the ambiguity of the Words, or the defectiveness of the Senfe, are often abufed by ill Men, and wrested contrary to the Defign of the Legislators:

But

But the Law of Nature is not tyed up to the Alphabet, nor bound to determine by the Imperfections of former Ages. Therefore this Principle will give the Enquirer no just Ad vantages against his Majefty; for Equity has no Quirks in it, nor ever lies at Catch. Reafon is always Just and Generous,it never makes Misfortune an Accufation, nor judges in favour of Violence. Indeed,what can be more Unrighteous (though the Cafe was private and inferior) than that any one fhould Suffer for being Injured, and be barred his Right for the Faults of others? If a Man fhould forfeit his Houfe to thofe who fet it on Fire, only because he quitted it without giving fome formal Directi ons to the Servants; and be obliged to lofe his Eftate, for endeavouring to preferve his Life. I believe it would be thought an incomprehenfible fort of Juftice. If to proceed in this manner be not to eftablish Wickedness by a Law, I have done. If Princes may be thus roughly treated, their Birth is a Misfortune to them; and, we may fay, they are Crown'd rather for Sacrifice than Empire. At this rate, the People must e'en Govern themfelves, for the Throne will be a Place of too much Danger to fit on any longer. We have an Excellent Church, and we do well to take due Care to continue its Establishment; but to difpoffefs our Prince, upon this Score, has as little Divinity as Law in it. To endeavour to preserve our Religion by fuch Methods will make it more Fatal to us in the event than Atheism it felf. 'Tis a mistake to think the World was made for none but Proteftants; and if Dominion was founded in Grace, I am afraid our share would not be great in the Divi-. fion.

§. 31. If it is Objected, That his Majesty's not fending to his People upon his Removal, is an Argument that he intended to govern them no longer. To this I Answer,

1. That I am pretty well affured, That no Man, who makes this Objection, believes the truth of it; and therefore I might fafely leave it to his own Confcience to confute

him.

Secondly, His Majefty was fcarcely Landed in France before the Administration was conferred upon the Prince of Orange; which Action might very well difcourage his Majefty from fending any Meflages fo foon as he intended: But fince, it's known, his Majefty has fent Letters (if not to the Privy Coun cil, as fome affirm, yet) to the Convention.

§. 33.

§. 33. Thirdly, Thofe who were the Occafion of his Majefty's Departure fhould (one would think) have waited on him, and invited him back. "For without Queftion the in"juring Perfon ought to make the firft ftep towards an Accommodation, efpecially when Wrong is done to his own. "Prince. Now whether his Majefty has been well used in this Revolution, or not, I leave the World to judge now, but God will do it afterwards.

Thus (SIR) I have ventured to give you my Thoughts upon this Subject; and am

Affectionately Yours..

A N

Anfwer to the Defertion Difcufs'd.

H

Aving thus as truly and as fhortly as I can from the Papers I have Collected, ftated the matter of Fact, without which it is impoffible to pass any ju judgment upon the merits of the cafe; I come now in the next place to confider the-fmall Piece which has neceffitated me to take all this pains.

The Author of it is my acquaintance, and a perfon for whom I have a great efteem, both on the account of his Profeffion, and of his perfonal worth, learning and fobriety, fo that I cannot believe he had any ill defign either in the writing or publishing of it; his zeal for the Church of England's Loyalty, and the difficulty and unufualnefs of the prefent cafe having been the occafions if not the caufes of his mistake, and therefore I will endeavour to fhew him and the world his error, with as much candor and fweetnefs as he himself can with, because I have the fame defign for the main that he had, viz. the Honour of the Church of England, and the fafety of Government, and efpecially our Monarchy.

It