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A49305 An appeal to the conscience of a fanatick shewing that the King of England, by the fundamental laws of it, is as absolute and independent a monarch as any of the kings mentioned in Scripture, and consequently, as free as any of them from any humane coactive power to punish, censure, or dethrone him : whereunto is added, a short view of the laws both foreign and domestick, against seditious conventicles / by a barrister at law. Lane, Bartholomew. 1684 (1684) Wing L328; ESTC R10926 17,115 31

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AN APPEAL TO THE CONSCIENCE OF A FANATICK SHEWING That the KING of ENGLAND by the Fundamental Laws of it is as absolute and Independent a Monarch as any of the Kings mentioned in Scripture and consequently as free as any of them from any Humane Coactive Power to Punish Censure or Dethrone him Whereunto is added A Short view of the Laws both Foreign and Domestick against Seditious Conventicles By a Barrister at Law LONDON Printed by J. G. for John Walthoe at the Black-Lyon in Chancery-Lane overagainst Lincolns-Inn 1684. AN APPEAL TO THE CONSCIENCE OF A Fanatick c. SIR YOurs I have received wherein you are pleased to signify that you have shown the several Tracts which have been lately written and exposed to publick View in defence of the Doctrine of Non-resistance to some of your Neighbors who are much inclined to Fanaticism and they say upon perusal of them that though they should grant to our Church-men what they have endeavoured to prove out of Scripture Viz. The unlawfullness of Subjects taking up Arms against their Sovereign in what Case soever yet they fancy that the King of England is not such a King as the Scriptures mention It is say you an Evasion they much boast of whensoever they read any pieces of this nature What is all this to us who Live not under such a King as the Holy Scriptures makes mention of Well ●●●ing that this Evasion is the Diana they so much vaunt or I am resolved out of the Zeal and Love I bear my King and Country and for the prevention of another Rebellion having been sufficiently sensible of the dire and calamitous Effects of the former to set forth the excellent and sweet agreement which the Municipal Laws of this Realm have with the Laws of God in this particular affirming That the King of England is such a King as the Scriptures mention and that in a fourfold Respect In Respect 1. Of his Right to the Crown 2. Of his Authority and Power 3. Of his Charge and Duty 4. Of the Rendring of his Account 1st The King of England 's Right to the Crown is by Birth Descent or Hereditary Succession And this shall be apparanted in these four particularities First By that part of the Oath of Allegiance which is used in every Leet You shall swear that from this day forward Co. Lib. 7. Calvin's Case you shall be true and faithful to our Sovereign Lord King Charles and his Heirs which demonstrates the Descent And by the by I presume it will not be amiss to present to our Fanaticks the whole scope and aim of this Oath of Allegiance as it is expressed in the Laws and Constitutions of our King William the First Statuimus ut omnes Liberi Homines faedere Sacramento affirment quod intra extra universum Regnum Angliae quod olim vocabatur Regnum Britanniae Willielmo Regi Domino suo fideles esse volunt Terras Honores illius omni fidelitate ubique servare cum eo contra inimicos alienigenas defendere Lex 52. De fide obsequio erga Regem Add hereto another Constitution of the Conqueror whereby all subjects are commanded ut Jura Regia illaesa servare pro viribus Conentur Statuimus etiam firmiter praecipimus ut omnes Liberi homines totius Regni nostri praedicti sint fratres Conjurati ad Monarchiam nostram ad Regnum Nostrum pro viribus suis facultatibus contra inimicos pro posse suo defendendum viriliter servandum Pacem dignitatem Coronae nostrae integram observandam Lex 59. Both which Laws and many others enacted and granted by the Conqueror were observed and kept in the Reign of King Edward the Confessor Secondly For that we do our Ligeance to the King in his natural Capacity that is as he is Charles the Son and Heir apparent of King Charles the Glorious and Royal Martyr For Ligeance or Homage cannot be done to the King in his Politick capacity Coke Lib. 7. Calvin's Case for so the Body of the King is invisible If this be true Law as it is what shall we judge then of the new Coined distinction to make a difference betwixt the King and his Authority betwixt his Personal Will and his Royal and Authoritative Will to pursue the late Kings Person with a Cannon-Bullet at Edge-hill and to preserve his Authority at London or elsewhere I am sure 't is Evident by the 25. E. 3. C. 2. De proditionibus that it is High-Treason to compasse the Kings Death by which must be meant to endeavour his Personal ruine because the Regal Authority never dies in England Oh Fanaticks take heed then for the future of New-coined distinctions take heed of the cunning Wiles and Sleights of the Jesuits There is no Wickedness but hath some excuse In that great Insurrection in Richard the Seconds time the Commons had a fair pretence Their Intent was as they said to abollish the Law of Velleinage and Servitude and to slay the Corrupt Judges And they took an Oath forsooth to be true to the King and Commons and that they would take nothing but what they paid for and they punished all Theft with death yet in the Parliament of 5. R. 2. N. 3 and 32. They were adjudged Traytors The Earls of Northumberland and Westmerland in the Reign of Queen Elizabeth could in the Queens Name command the Country to follow them in Arms sometimes pretending the safety of Her Majesties Person in danger they said by Treasons in working And sometimes in case of Conscience for restoring their former Religion And in this Zeal they hasted to Durrham Minster where they tare the Bible and Communion Book and such other things as there were saith Stow in great Contempt Yet these were mere Rebels and Traytors Speed Lib. 9. Cap. 24. Wherefore examine search diligently into the Cause every thing is not as it seems All is not Gold that Glisters I beseech you to look before you leap into Rebellion that Sin of Witch-craft Thirdly It is expresly affirm'd in the Case of Calvin That the King holds the Kingdom of England by Birth-Right Inherent by Descent from the Blood-Royal Co. Lib. 7 Calvin's Cases whereupon Succession doth attend and therefore it is usually said To the King his Heirs and Successors wherein Heirs is first named and Successors attendant upon Heirs but the Title is by Descent By Queen Elizabeth's Death the Crown and Kingdom of England descended to King James and from him to King Charles the First and from him to the King that now is and they were fully and absolutely thereby Kings without any essential Ceremony or Act to be done Ex post facto And by the way how inseparable this Right of descent is from the next in Blood you may see in H. 4. who though he was also of the Blood-Royal and had the Crown resigned unto him from R. 2. and confirmed by Act of Parliament