And pray, how and by whom were the Coronation Oaths first imposed? The Scottish nation in 1650 had the same right to make a bargain with the claimant of their throne as their ancestors had. It is strange that Baxter should not have seen that his objections would apply to our

Magna Charta

. So he talks of the "fundamental constitutions," just as if these had been aboriginal or rather

sans

origin, and not as indeed they were extorted and bargained for by the people. But throughout it is plain that Baxter repeated, but never appropriated, the distinction between the King as the executive power, and as the individual functionary. What obligation lay on the Scottish Parliament and Church to consult the man Charles Stuart's personal likes and dislikes? The Oath was to be taken by him as their King. Doubtless, he equally disliked the whole Protestant interest; and if the Tories and Church of England Jacobites of a later day had recalled James II., would Baxter have thought them culpable for imposing on him an Oath to preserve the Protestant Church of England and to inflict severe penalties on his own Church-fellows?

Ib. p. 71.

And some men thought it a very hard question, whether they should rather wish the continuance of a usurper that will do good, or the restoration of a rightful governor whose followers will do hurt.

And who shall dare unconditionally condemn those who judged the former to be the better alternative? Especially those who did not adopt Baxter's notion of a

jus divinum