who would make you so yourselves. Could groundless fears and imaginary dangers establish peace on a lasting foundation; could false alarms and mutinous discourses contribute any thing to the plenty and quiet of the kingdom: Could our suspecting our governors render our fellow-subjects more obedient, and our aspersing those, who are concerned in the management of highest affairs, strengthen your hands, and inspire their resolutions; then we could have some pretence for our restlessness and clamorousness.

But since it stands upon record in the histories of all ages; since we have had late and dismal effects of such practices, and have too frequently found that jealousies and suspicions, out-cries and complaints, vain fears and imaginary grievances, have produced real mischief, and brought on us those misfortunes, which they seemed only to foretel: Since they are the most effectual incouragements to seditious persons, and aspiring disturbers need no greater than to have their pretences abetted by sober, grave men, and their cause voted up by the common cry of the whole people; it cannot be thought indiscreet, or useless, or pragmatical in any one to intreat you to live at ease, and to enjoy yourselves, the blessed serenity of an undisturbed mind; to banish out of your hearts and mouths such hurtful follies; and to persuade you to let peace and prosperity continue among you, whilst they seem to court you, and to beg only your consent.

Dublin, May 24, 1681.

A WORD WITHOUT-DOORS,

CONCERNING

THE BILL OF SUCCESSION.

The occasion of writing this Pamphlet was the great dispute concerning the exclusion of the Duke of York from the throne of these kingdoms, upon the death of King Charles II. his brother, on account of his religion, having professed himself a Papist, and openly declared himself a zealous protector of such as were so affected.

The Argument is founded upon the divine institution and proper end of government; the laws of the land; the reasons that may warrant such an exclusion; examples of the like proceedings and the impossibility that a popish king can ever prove a true defender of the Protestant Christian Faith; all which equally serves to justify the Revolution in 1688, and the Protestant Establishment of the Crown in the Protestant House of Hanover, and the necessity of preserving the said establishment, as to perpetuate a memorial of that noble stand against Popery, and the utmost effort of that Parliament here mentioned, to secure our religion and laws; even at the hazard of their own dissolution, which the duke was able to obtain.

SIR,

I AM very sensible of the great honour you were pleased to do me

in your last, which I received immediately after our late unhappy dissolution; but could have wished you would have laid your com

mands on some more able person, to have given you satisfaction in the matter you there propose relating to the Duke, who, you seem to insinuate, was like (if the Parliament had continued) to have received hard measure. I must ingenuously confess to you, I was not long since perfectly of your opinion, and thought it the highest injustice imaginable, for any prince to be debarred of his native right of succes sion upon any pretence whatsoever. But, upon a more mature deliberation and enquiry, I found my error proceeded principally from the false notions I had took up of government itself, and from my ignorance of the practices of all communities of men in all ages, whenever self-preservation and the necessity of their affairs obliged them to declare their opinion in cases of the like nature: to the knowledge of all which, the following accident, I shall relate to you, did very much contribute.

My occasions obliging me one day to attend the coming of a friend in a coffee-house near Charing-cross, there happened to sit at the same table with me two ingenious gentlemen, who, according to the frankness of conversation now used in the town, began a discourse on the same subject you desire to be more particularly informed in; and having extolled the late House of Commons, as the best number of men that had ever sat within these walls; and that no house had ever more vigorously maintained and asserted English liberty and Protestant religion than they had done, as far as the nature of the things that came before them, and the circumstances of time would admit; to all which I very readily and heartily assented. They then added, that the great wisdom and zeal of that house had appeared in nothing more, than in ordering a bill to be brought in for debarring the Duke of York from inheriting the crown: a law they affirmed to be the most just and reasonable in the world, and the only proper remedy to establish this nation on a true and solid interest, both in relation to the present and future times.§

To which I could not but reply, That I begged their pardon if I differed from them in opinion; and did believe, that how honestly soever the House of Commons might intend in that matter, yet that the point of successson was so sacred a thing, and of so high a nature, that it was not subjected to their cognizance; that monarchy was of divine right; that princes succeeded by nature and generation only, and not by authority, admission, or approbation of the people; and consequently, that neither the merit or demerit of their persons, nor the different influences from thence upon the people, were to be respected or had in consideration; but the commonwealth ought to obey and submit to the next heir, without any further inquisition; and, if he proved a worthy, virtuous, and just prince, it was a great happiness; if unjust, barbarous, and tyrannical, there was no other remedy, but prayer, patience,

*Of York, afterwards King James II.

ti. e. To have been excluded from succeeding to the Crown of England, upon the demise of his brother, King Charles II. who said that he had no lawful issue.

Of the succession to the Crown.

Because they, without respect to persons, would have excluded the enemies of our holy religion from the throne, and established a true Protestant succession, under which only it is pos sible for us to be happy.

As it has been long since manifested, both in King James II.'s male-administration, and the happiness we now enjoy under a Protestant King.

and an entire submission to so difficult a dispensation of God's providence.

I had no sooner ended my discourse, but one of the gentlemen, that was the most serious in the company, seeing me a young man, gravely replied, That he could not but be extremely concerned to hear, that such pernicious notions against all lawful government had been taught in the world; that he believed, they were in me purely the effects of an university-education; and, that it had been my misfortune, to have had a very high churchman* for my tutor, who had endeavoured (as it was their constant practice to all young gentlemen under their care) to debauch me with such principles as would enslave my mind to their hierarchy and the monarchical part of the government, without any regard at all to the aristocratical and popular; and that fat parsonages, prebendships, deanries, and episcopal sees, were the certain and constant rewards of such services; † that the place we were in was a little too publick for discourses of this nature; but, if I would accept of a bottle of wine at the next tavern, he would undertake to give me juster measures; adding, It was a pity so hopeful a gentleman should be tainted with bad principles. My friend coming in at the same time, proved to be one of their particular acquaintance; and both he and I readily complied with so generous a motion.

We had no sooner drank a glass round, but the old gentleman was pleased to renew his discourse, and said, It was undoubtedly true, that the inclination of mankind to live in company (from whence come towns, cities, and commonwealths) did proceed of nature, and consequently of God, the Author of Nature. So likewise government, and the jurisdiction of magistrates in general (which does necessarily flow from the living together in society) is also of nature, and ordained by God for the common good of mankind; but that the particular species and forms of this or that government, in this or that manner, to have many, few, or one governor; or that they should have this or that authority, more or less, for a longer or a shorter time; or whether ordinarily by succession or by election; all these things, he said, are ordained and diversified by the particular laws of every country, and are not established either by law natural or divine, but left by God unto every nation and country, to pitch upon what form of government they shall think most proper to promote the common good of the whole, and best adapted to the natures, constitutions, and other circumstances of the people; which accordingly, for the same reasons, may be altered or amended in any of its parts, by the mutual consent of the governors and governed, whenever they shall see reasonable cause so to do; all which appears plainly, both from the diversity of governments extant in the world, and by the same nations living sometimes under one sort of government, and sometimes under another. So we see God himself permitted his peculiar people, the Jews, to live under divers forms of government: as, first, under patriarchs; then under captains; then

Which, in those days, signified one that was ready to turn Papist as soon as the Prince should countenance that superstition.

+ This describes the way to preferment in the Church, when the Duke of York influenced his brother's counsels, and disposed of his places in Church and State.

under judges; then under high-priests; next under kings; and then under captains and high-priests again; until they were conquered by the Romans, who themselves also first lived under kings and then consuls, whose authority they afterwards limited by a senate, by adding tribunes of the people; and, in extraordinary emergencies of the commonwealth, they were governed by dictators, and last of all by emperors. So that it is plain, no magistrate has his particular government, or an interest of succession in it, by any institution of nature, but only by the particular constitution of the commonwealth within itself. And as the kinds of government are different, so also are the measures of power and authority in the same kind, in different countries.

I shall begin, said he, with that of the Roman empire, which, though it be the first in dignity amongst Christian princes, yet it is so restrained and limited by the particular laws of the empire, that he can do much less in his state, than other kings in theirs. He can neither make war, nor exact any contribution of men or money, but by the consent of all the states of the German Diet: and as for his children and relations, they have no interest or pretence to succed, but only by election, if they shall be thought worthy. Nay, the chiefest article the emperor swears to keep, at his admission to that honour, is, That he shall never endeavour to make the dignity of the empire hereditary to his family.

In Spain and in France the privileges of kings are much more eminent, both in power and succession; their authority is more absolute; every order of theirs having the validity of a law, and their next of blood does ordinarily inherit, though in a different manner. In Spain the next heir cannot succeed, but by the approbation of the nobility, bishops, and states of the realm. In France the women are not admitted to succeed, let them be never so lineally descended. In England our kings are much more limited and confined in their power than either of the two former; for here no law can be made, but by consent and authority of parliament; and as to the point of succession, the next of kin is admitted, unless in extraordinary cases, and when important reasons of state require an alteration: and then the parliaments of England, according to the antient laws and statutes of the realm, have frequently directed and appointed the succession of the crown in other manner than in course it would have gone; of which I shall give you some examples in order.

But first let us look abroad, and see how things have been carried, as to this point, in other countries.

Amongst the Jews, the laws of succession did ordinarily hold; and accordingly Rehoboam, the lawful son and heir of Solomon, after his father's decease, went to Sichem, to be crowned and admitted by the people; and the whole body of the people of Israel, being there gathered together, did (before they would admit him their lawful king) make unto him certain propositions for taking away some heavy taxes that had been imposed on them by his father Solomon; which he refusing to gratify them in, and following the advice of young men, ten of the twelve tribes immediately chose Jeroboam, a servant of Rehoboam's, a meer stranger, and of mean parentage, and made him their king; and God approved thereof, as the scriptures in express words do

testify: for when Rehoboam had raised an army of one hundred and fourscore thousand men, intending by force of arms to have justified his claim, God appeared unto Semajah, and commanded him to go to Rehoboam, and to the house of Judah and Benjamin, saying, 'Return every man to his house, for this thing is of me, saith the Lord.' So that, since God did permit and allow this in his own commonwealth, which was to be the pattern for all others, no doubt he will approve the same in other kingdoms, whenever his service and glory, or the happiness of the weal-publick, shall require it.

The next instance I shall give you shall be in Spain, where Don Alonso de la Cerda, having been admitted Prince of Spain, in his father's life-time (according to the custom of that realm) married Blancha, daughter of Lewis the First, King of France, and had by her two sons, named Alonso and Hernando de la Cerda; but their father (who was only prince) dying before Alonso the Ninth, then king, he recommended them to the realm, as lawful heirs apparent to the crown; but Don Sancho, their father's younger brother, who was a great warrior, and sirnamed El Bravo,* was admitted prince, and they put by, in their grand-father's life-time, by his and the states' consent; and this was done at a parliament† held at Segovia, in the year 1276; and in the year 1284 (Alonso the Ninth being dead) Don Sancho was acknowledged king, and the two princes imprisoned; but at the mediation of Philip the third, King of France, their uncle, they were set free, and endowed with considerable revenues in land; and from them do descend the Dukes de Medina Celi at this day; and the present King of Spain that is in possession, descendeth from Don Sancho.

In France, Lewis the Fourth had two sons, Lotharin, who succeeded him, and Charles, whom he made Duke of Lorrain. Lotharin dying, left an only son, named Lewis, who dying without issue, after he had reigned two years, the crown was to have descended on his uncle Charles, Duke of Lorrain, But the States of France did exclude him, and chose Hugo Capetus, Earl of Paris, for their king; and, in an oration made by their ambassador to Charles of Lorrain, did give an account of their reasons for so doing, as it is related by Belforest, a French historian, in these very words:

"Every man knoweth, Lord Charles, that the succession of the crown and kingdom of France, according to the ordinary rights and laws of the same belongeth unto you, and not unto Hugh Capet now our king: but yet the same laws, which do give unto you such right of succession, do judge you also unworthy of the same: for that you have not endeavoured, hitherto, to frame your life according to the prescript of those laws, nor according to the use and custom of the kingdom of France; but rather have allied yourselves with the Germans, our old enemies, and have accustomed yourself to their vile and base manners. Wherefore, since you have abandoned and forsaken the antient virtue, amity, and sweetness of your country, your country has abandoned and forsaken you; for we have chosen Hugh Capet for our King, and have put you by,

• The Valiant. + Or Cortes, i, e. The general meeting of the States. † Anno 1678.