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A49115 A full answer to all the popular objections that have yet appear'd, for not taking the oath of allegiance to their present Majesties particularly offer'd to the consideration of all such of the divines of the Church of England (and others) as are yet unsatisfied : shewing, both from Scripture and the laws of the land, the reasonableness thereof, and the ruining consequences, both to the nation and themselves, if not complied with / by a divine of the Church of England, and author of a late treatise entituled, A resolution of certain queries, concerning submission to the present government. Long, Thomas, 1621-1707. 1689 (1689) Wing L2967; ESTC R19546 65,688 90

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Orange And they do pray the said Prince and Princess of Orange do accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy may be Abrogated A. B. Do sincerely Promise and Swear that I will be Faithful and bear true Allegiance to their Majesties King William and Queen Mary So help me GOD c. I A. B. Do Swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murdered by the Subjects or any other whatsoever And I do Declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm So help me GOD c. Now if in the Judgment of the Great Counsel after mature Deliberation these evident Matters of Fact did amount to a just Cause to pronounce the Crown Void I cannot perceive what in Justice they could do otherwise then to lodge it where it is the present Circumstances in which the Nation was requiring a speedy Settlement For which end it was provided after the Vacancy of the Roman Empire the Electors were to agree in the Choice of another within thirty Days or else to be allowed only Bread and Water until they had agreed If it be objected That the Crown ought to be set only on the Queen it may be thus answered That there is as little Deviation made as possibly could be and that the present King might have claimed it by Conquest with as much reason as either William called the Conqueror or Henry the Seventh but he had also a better Title than either of those being nearer in Bloud then either of them and the Title of his Lady being undoubtedly the next in Succession but by a suspected Child was endeavoured to be excluded ought to be as happily it is vindicated by her Royal Consort whereupon the Administration of the Government being by general Consent conferred on him during Life it is no more than what he might have claimed nor less than what they could have granted And therefore there is no cause can be given why we should not transfer our Allegiance to him at least in conjunction with the Queen in the case of Henry the Seventh the Nation did so before his marrying the Queen in whom the right Title was and much rather may we when the Queen's Title is acknowledged and the Test of all publick Acts and Writs are in both their Names so that during the joynt Lives of the King and Queen supposing that King James hath forfeited the Crown our Allegiance is undoubtedly due as by the new Oath is required But if yet any man should scruple the taking this Oath as not being satisfied that the right of Title is in the present King I say that this is more than appears to be required either by the Letter of the Oath or the intention of the Authority that imposed it And first as to the intention of the Legislator let it be considered what other intent they could have in laying aside the Oaths of Supremacy and Allegiance wherein the right Title of the Prince in being was so punctually asserted to make room for this wherein the assertory part is wholly omitted but to prevent the objection of such as should pretend this too nice scruple of Conscience to which there being in the Nation so many Pretenders to a Liberty of Conscience which cannot be forced I do rationally believe that the present Authority had a respect in penning the Oath so cautiously for the Oath doth not say as without gross Nonsence it can be supposed I do promise that King William and Queen Mary are lawful King and Queen c. but only that I will bear Faith and true Allegiance to King William and Queen Mary which may be done supposing that King William is only King de Facto and Queen Mary de Jure as in the Case of Henry the Seventh before mentioned And as to the Letter of the Oath though the Comparison be odious yet the Resolution of Bishop Sanderson in the case of subscribing the Engagement may determine such scrupulous Consciences the words of the Engagement are I do promise to be True and Faithful to the Common-wealth of England as it is now Established without King or Lords The words of the present Oath are I do sincerely Promise and Swear that I will be Faithful and bear true Allegiance to their Majesties King William and Queen Mary Where first observe that the Swearing doth no more add an Obligation to the Matter sworn to in the Oath than the Promise and Subscription doth to the Matter of the Engagement Secondly The Ingagement was for altering of the Species of the Government from that which was most Noble to that which was most Ignoble and indeed to an individuum vagum there being then no Government established Thirdly The King then in being had in no case made a Desertion or Forfeiture of his Crown but endeavoured with the hazard of his Life to vindicate his just Title Fourthly The Invader then was a Subject and a notorious Usurper who by fraud and force had driven him from his right All which considerations made a great difference between the legality of taking this Oath and subscribing that Ingagement But here I must premise that I do not insist on this Instance as if I thought the present King and Queen were only so de facto for I am rationally and fully perswaded that they are rightfully King and Queen of England c. as ever any of their Predecessors were That learned Casuist gives a higher and stricter or a lower and laxer sence of the Engagement the lower and laxer sence he thus expresseth Whereas for the present the Supreme Power under which I am is actually possessed by the House of Commons without King or House of Lords I promise that as long as I live under their protection I will not contrive or attempt any act of Hostility against them but living quietly and peaceably will endeavour faithfully in my Place and Calling to do what every good Member of a Common-wealth ought to do for the safety of my Country and preservation of Civil Society therein And our Casuits says p. 106. There want not greater probabilities of reason to induce us to believe that this sense is to be accounted the immediate and declared intent of the imposers who though they might have a more secret reserved and ultimate intent the ingager is not concerned in it the Equivocation if any lieth on the Imposers score not on the Subscribers Because 1. Many both Divines and Lawyers took it which they would not have done in another sense 2.
sense of the Lords and Commons in the following Declaration viz. The Declaration of the Lords and Commons assembled at Westminister presented to their Highnesses the Prince and Princess of Orange at White-hall the 13th of February 1688 / 9. WHereas the late King James the Second by the Assistance of divers Evil Counsellors Judges and Ministers imployed by him did endeavour to Subvert and Extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By Assuming and Exercising a Power of Dispensing with and Suspending Laws and the Execution of Laws without Consent of Parliament By Committing and Prosecuting divers worthy Prelates for humbly Petitioning to be excused from Concurring to the said Assumed Power By issuing and causing to be executed a Commission under the Great Seal for Erecting a Court called the Court of Commissioners for Ecclesiastical Causes By Levying Money for and to the use of the Crown by pretence of Prerogative for other time and in other manner than the same was Granted by Parliament By Raising and Keeping a Standing Army within this Kingdom in the time of Peace without Consent of Parliament and Quartering Souldiers contrary to Law. By causing several good Subjects being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By Violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of King's Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years partial corrupt and unqualified Persons have been returned and served on Juries in Tryals and particularly divers Jurors in Tryals of High Treason which were not Free-holders And excessive Bail hath been required of Persons committed in Criminal Cases to elude the benefit of the Laws made for the Liberty of the Subject And excessive Fines have been imposed and illegal and cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the persons upon whom the same was to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the said late King James the Second having Abdicated the Government and the Throne being thereby Vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritul and Temporal being Protestants and other Letters to the several Counties Cities Universities Boroughs and Cinque ports for the choosing of such Persons to represent them as were of right to be sent to Parliament to Meet and Sit at Westminister upon the 22d day of January in this Year 1688 in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being Subverted Upon which Letters Elections have been accordingly made And thereupon the said Lords Spiritual and Temporal and the Commons pursuant to their respective Letters and Elections being now Assembled in a Full and Free Representative of this Nation taking into their most serious Considerations the best Means for attaining the ends aforesaid Do in the first place as their Ancestors in like Cases have usually done for the Vindicating and Asserting of their Ancient Rights and Liberties Declare That the pretended Power of Suspending of Laws or the Execution of Laws by Regal Authority without Consent of Parliament is Illegal That the pretended Power of Dispensing with Laws or the Execution of Laws by Regal Authority as it has been assumed and exercised of late is Illegal That the Commission for Erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of like nature are Illegal and Pernicious That Levying of Money for or to the use of the Crown by pretence of Prerogative without Grant of Parliament or for longer time or in other manner than the same is or shall be Granted is Illegal That it is the Right of the Subject to Petition the King and all Commitments and Prosecutions for such Petitioning are Illegal That the Raising or Keeping a Standing Army within the Kingdom in time of Peace unless it be with Consent of Parliament is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law. That Election of Members of Parliament ought to be free That the Freedom of Speech and Debates or Proceedings in Parliament ought not to be Impeached or Questioned in any Court or place out of Parliament That excessive Bail ought not to be required or excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly Impannelled and Returned and Jurors which pass upon Men in Tryals for High Treason ought to be Free-holders That all Grants and Promises of Fines and Forfeitures of particular persons before Convicton are Illegal and Void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do Claim Demand and Insist upon all and singular the Premises as their undoubted Right and Liberty And that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which Demand of their Rights they are particularly incouraged by the Declaration of his Highness the Prince of Orange as being the only means for obtaining a full Redress and Remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by him and will still preserve them from the Violation of their Rights which they have here Asserted and from all other Attempts upon their Religion Laws and Liberties The said Lords Spiritual and Temporal and Commons Assembled at Westminster Do Resolve That William and Mary Prince and Princess of Orange be and be Declared King and Queen of England France and Ireland and the Dominions thereto belonging To hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Survivor of them And that the sole and full Exercise of the Regal Power be only in and exercised by him the said Prince of Orange in the names of the said Prince and Princess during their joynt Lives And after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body And for default of such Issue to the Heirs of the Body of the said Prince of