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A70226 A word to the wavering, or, An answer to the enquiry into the present state of affairs whether we owe allegiance to the King in these circumstances? &c. : with a postscript of subjection to the higher powers / by G.B. Hickes, George, 1642-1715.; Burnet, Gilbert, 1643-1715. 1689 (1689) Wing H1878A; ESTC R11270 7,455 12

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Prerogative which is Law as well as those Priviledges which concern the Subject according to Statute as well as Common and Natural Law. Pag. 5. Seeing you grant That if the King was in eminent Danger he was then driven away I shall only say that as long as the King did rationally believe it and all his Friends you and I ought to believe it too or at least acquiesce so far in it as that his Majesty hath not thereby forfeited his Crown and Right It is more mannerly to suppress the diminishing Conditions of what you call a Treaty than insist upon the hardness or unacceptableness of any of them as for the Seals they may be brought again by the same Hand that took them away at a convenient Season Pag. 6. Allegiance stands in its full force make you what Consequence you please neither is it under any Suspension for none but God can Suspend it or Legally put the Regency into other Hands Neither is there any Incapacity by being Affected and Culpable for nothing is supposed to be Culpable in the Person of a Lawful King in respect of his Subjects who are no competent Judges of what are supposed his Faults Pag. 8. As for the terms of Security the best way is to leave them to him who is the only Ruler of Princes By whom alone Kings Reign and Princes Decree Judgment and that without the expectation of Miracles to preserve us under our again restored Sovereign forasmuch as he sees those Rocks upon which he dash'd before and doubless will avoid them as becomes so Great so Wise and so Experienced a Prince Neither need we now fear any Jesuits in the Council no nor so much as any Papist in the Government seeing they now expect and desire no more Priviledge than they have in Holland nor so much neither unless the King and Parliament shall vouchsafe it them no danger therefore of throwing our selves back into any miserable Condition upon the King's return Pag. 10. Oaths are binding although those in behalf of whom they are taken do not perform their part The breach of one Man's Duty will not Legitimate an others The Matrimonial Oath is not absolutely made for term of Life but God himself has put in an Exception in the case of Adultery which he has not done in the case of Loyalty wherefore the Oath of Allegiance binds semper ad semper and admits of no Intermission or Interception The King never ceases to be a King till he ceases to be a Man and it is a contradiction in terminis that the next Heir should be at the same time King For if he be actually King he is no Heir and while he is an Heir he is no King. Pag. 11. For all your new fangled Interpretation of that Maxim The King can do no Wrong it is to be understood of the King's Person not his Power in your Sense for his Power even in his Minsters may possibly do amiss but this is not to be imputed to or exacted of his Person but his Instruments whose fault it is if he be not better advised Pag. 12. As for the Presidents of Edward II. and Richard II. 't is too long to examine their Histories But let me offer in general that never any King of England was Judged in Parliament for their Male Administration in Quiet and Sedate Times but always soon after some great Commotions or Rebellions And would you bring the Acts of the Rump or those at the latter end of King Charles I. Reign for Presidents of Law especially against a King For the Judgments of Edward II. and Richard II. whether they were ever revoked or not by the succeeding Kings is a Question but this is certain that some of the Conspirators against Edward II. were in the 4th of Edward III. adjudged and attainted in Parliament although the King was but a Child And as to that against Richard II. it was given in the First Parliament of Henry IV. whose Son and Son's Son reigned after him and was the Foundation of their Usurping Titles and so could not be for their Honour or Interest to have them set aside And besides Edward IV. who succeded that Line claimed from Edward III. and not from Richard II. he leaving no Issue whose business it might have been more properly to have seen the Judgments against his Father abrogated Besides notwithstanding that Richard II. was Murthered so Inhumanly yet he was several times set up by the People against Henry IV. which shews what Opinion they had of that Scandalous Judgment But for that against Charles I. which was much of the same Nature all the proceedings against that Unfortunate Prince were by Act of Parliament ordered to be taken off the File Eraced and if I am not mistaken ordered to be burnt by the Common Hang-man and the Persons concerned by Parliament Attainted and most of them Executed Besides considering the distance of time between Richard II. and Edward IV. which was 60 Yeras probably erasing them would not quit Cost nor be tanti in comparison of the Smoak and Puther those Agitations might raise between King and People to prevent which the Wisdom of those latter Definitions you speak of is Conspicuous and has been Successfull to the Peace and Welfare of the Kingdom But our Author in this matter as well as to the Right of a Husband who Marries the Heiress of the Kingdom of England shews his little Reading in the Laws and Statutes of this Kingdom For if he had any he would have remembered what the Parliament by an Established Law has declared after giving a History of the Proceedings against King Charles I. That by the undoubted and fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament or out of Parliament or the People collectively or representatively nor any other Person whatever ever had have hath or ought to have any Coercive Power over the Persons of the Kings of this Realm which is I hope a full Abrogation or Declaration of the Illegality of those Judgments of Edward II. and Richard II. with a Witness The Convention which you call the Representative of the Kingdom having such an Honour and Deference to the Prince it is to be hoped they will concur with his Highness in laying the blame on the Evil Counsellors rather than on the Sacred Person which you acknowledge so of the King his Father and Uncle and great Obliger As to the calling his Majesty's Honour in question he has born a great deal of that already In Gods Name If another Mother Father Nurse Midwife Servants will come in and confess all with due credible Circumstances outweighing the Depositions upon Oath of so many Protestants and others let them come forth and be heard and that with all safety till the Truth be out Let us try all things and hold fast that which is good and let Truth never fear the Frowns of any Imposture how great
and powerfull soever This I conceive is the Cardo Controversiae and I hope we may wish his Majesty's Affairs and all his Royal Family may thrive and prosper according to the Merit of that great Cause Pag. 13. The 10th Paragraph is wholly spent in throwing down the imaginary Treaty with the King and the Arguments are so strong against any indecent Proposal that I cannot answer them neither is it the Interest of the Cause if I could Pag. 14. Parag. 11. There my Author contends That this Nation is a Protestant Kingdom incompatable with Popery or a Popish King witness the Exclusioners You know it was compatable before the Reformation and you ought to know That Dominion is not founded in Grace Neither do the Temporal Rights of Princes depend upon Religion whether true or false The Power of the Magistrate is never the more from God because he is a good Man and never the less from God because he is a bad Man To this purpose is that of St. Augustine in his Fifth Book de Civitate Dei Qui Augusto ipse Neromi c. Qui Constantino Christiano ipse Apostatae Juliano c. He that gave the Soveraign Power to Augustus gave it likewise to Nero and he that conferred it upon Constantine a Christian bestowed it in like manner upon Julian an Apostate Pag. 15. As for the King's Friends I dare say you Sir are none of them and they know how to construe his Absence from them without your invidious suggestion of his abandoning them True Friendship much less steady Loyalty will never think ill of a Prince in such Circumstances who has done so much good and so little deserved any ill Usage from his Subjects As for the disbanding the Army What danger was there of their turning Banditti when there was such a potent and successful Prince and power to suppress them And the event shews this suggestion to have been meer Malice Upon all this Is it Natural I say it is Unnatural to declare the Throne void which the Law looks upon as Impossible no not upon the Death of a King who in Law never dies insomuch that it never admits of an Interregnum much less vacancy for another Candidate That the King therefore has fallen from all Right to the Throne is a Chimaera and Figment of this Authors Brain proceeding from a vacuum or vacancy never known or understood or read of before As to the King's return from Feversham Doubtless had he thought himself in Safe and Honorable Circumstances he had stay'd and then there would have been no want of the Seals or a Parliament or any other Concession that was fit for a good King to grant to make his People happy which they can never be Without rendering to Caesar the Things that are Caesars and acknowledging the Lords Anointed to be their only Lawful Sovereign during his Life Pag. 16. line 3. Errata Instead of Unbounded read Legal or Scriptural or Primitive Loyalty which is as much as the King or our Clergy call for To Conclude Your Flurts and Dawbing can never alter the Steady Principles of the Reverend and Learned Clergy who have declared themselves abundantly ever since the Reformation in behalf of the Crown and in Favour of entire Loyalty And it is not Nature as you say they must Conquer but Scripture and Reason Primitive and Establish'd Authority their own great Learning and their well regulated Consciences if they ever depart from the Glory of the Church of Englands Loyalty which they have so Nobly so Faithfully and so Dutifully Asserted and Propagated as a most Evident and Fundamental Truth POSTSCRIPT Since I wrot this I heard some ask at a Bookseller's Shop for Dr. Burnet's Enquiry after Allegiance c. and therefore to do the Doctor Right I have added some of his own Words transcribed out of Two of his Sermons PAg. 30. David his going out with the Armies of the Philistins and professing a great desire to fight against the Enemies of Achish who were no other but Saul his natural Liege Lord and the Armies of Israel wherein he acted a very unsincere part or did really resolve to have ingaged against them are things so manifestly contrary to the Laws of God that they give a strong presumption that the whole business of his taking Arms was contrary to Law and Religion Pag. 33. May not one be said to kill the King that robbed him of his Revenue Power and Authority and every thing that was necessary for the maintenance of the Royal Dignity Pag. 17. There is a Tribunal set up by God for the Magistrate in all our Breasts which will pass Sentence severely and will not be put off by the Tricks of Law c. Pag. 20. The Higher Powers being deputed by God must indeed render him a severe account but not to others we are therefore to obey them for the Lord's sake 1 Pet. 2. 13. Pag. 26. Christ did in the plainest Style was possible condemn all practising's against Government upon pretence of Religion by saying my Kingdom is not of this World c. Joh. 18. 36. This does so expresly discharge all Busling and Fighting on the pretence of Religion that we must either set up another Gospel or utterly reject what is so formally condemned by the Author of this we profess to believe Pag. 31. Though after that the Emperors turned Christian and Established the Faith by Law yet neither did the subtil attempts of Julian the Apostate nor the open Persecutions of some Arrian Emperors who did with great violence Prosecute the Orthodox occasion any Seditious Combinations against Authority Pag. 34 They are without more Ceremony of Words Traytors who subject Our Sovereign's Rights which he derives from God only to a Foreign Superior Power c. Pag. 36. The Dr. taxes also those who pretend a great heat against Rome and value themselves on their Abhorring all the Doctrines and Practices of that Church and yet have carried along with them one of their most Pestiferous Opinions pretending Reformation when they would bring all under Confusion and vouching the Cause and Work of God when they were destroying that Authority he had set up and opposing those Impowred by him And the more Piety and Devotion such daring Pretenders put on it still brings the greater Stain and Imputation on Religion as if it gave a Patrociny to those Practices it so plainly Condemns This is Judas-like to kiss our Master when we betray him and to own a Zeal for Religion when we engage in courses that disgrace and destroy it But blessed be God our Church hates and condemns this Doctrine from what Hand soever it come and hath Establish'd the Rights and Authority of Princes on sure and unalterable Foundations enjoyning an entire Obedience to all the Lawful Commands of Authority and an absolute Submission to that Supreme Power God hath put into our Sovereign's Hands This Doctrine we justly Glory in and if any that had their Baptism and Education in our Church have turned Renegades from this they proved no less Enemies to the Church her self than to the Civil Authority So that their Apostacy leaves no blame on our Church c. This is enough to clear the Doctors Reputation and moreover to Entitle it Dr. Burnet ' s Answer to the Enquiry about Allegiance FINIS 12 Car. 2. cap. 30. Dr. G. Burn. Sermon on 2 Sam. 2. 12. preached Jan. 30. 1674-75 Dr. Burn. Sermon on Rom. 13. 5 1674.