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cause_n king_n law_n matter_n 2,824 5 5.6347 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A30398 A pastoral letter writ by the Right Reverend Father in God, Gilbert, Lord Bishop of Sarum, to the clergy of his diocess, concerning the oaths of allegiance and supremacy to K. William and Q. Mary Burnet, Gilbert, 1643-1715. 1689 (1689) Wing B5842; ESTC R7837 13,408 35

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distracted with enquiring into Titles but that they ought to acquiesce in the possession even when the Title was visibly and unexceptionably bad In the Jewish Religion as the High-Priest was the first of all the sacred Tribe so the greatest piece of their Religion which was the Annual Expiation was to be perform'd by him by their Law it was provided that the High-Priest's eldest Son should be anointed to serve before the Lord in his Father's stead unless he had any of those Blemishes in his Body that tendred him unfit for it So that the high Priesthood went by inheritance and their Genealogies were so carefully preserved that it was not possible for them to be mistaken in him that of right ought to have been their High Priest yet in our Saviour's time this sacred office was set to sale by the Romans so that Caiaphas had both purchased it with his Mony and had also thrust out him to whom it belonged by the Law of God. Here were all the Nullities that could almost be in a Title Yet Our Saviour owned this Mercenary High Priest he joined in all the parts of the Temple-service and since he fulfilled all righteousness no doubt he obeyed that Law of going thither on the day of the general Atonement for the sins of the whole people though he had no need of it in his own particular he also acknowledged the High-Priest's authority by answering to him when he was brought before him and adjured by him to speak the truth St. Paul not only did the same but when he had been guilty of an indecency to Ananias not knowing him to be the High-Priest he made an apology for it in which as he pleads his ignorance so he plainly acknowledges the respect that was due to him This is yet carried further by St. Iohn who says that Caiaphas as High-Priest for that year prophesied All this shews that even when rules were given by God himself and were notoriously and infamously broken in the offices of the highest nature yet the peace and quiet of mankind were to be preferred to all positive Laws and that all persons were directed by an infallible authority to acknowledge those who were in possession 10. But now I will advance the state of the Question a little further beyond that of a bare possession into that of a Title declared by those who only can be supposed to be the proper Judges of it and in order to the opening this it ought to be considered That there is this difference between all speculative points of opinion and all questions that relate to matters of Fact that in the former every Man must still think according to the sense that he himself has and must not subdue his understanding to any Authority whatsoever nor yield to any pretended infallibility but in matters of Fact if a Man belongs to any body that makes any decision relating to them he must agree to it and acquiesce in it though he thinks it wrong A Member of any Court of Justice in which an unjust Decree is past though he is bound to oppose it while it is in agitation yet when it is past he himself not only acquiesces in it but must afterwards issue out such Orders as are consequent to that Decree as readily as if he himself had concurred in the making of it That this is a certain truth there needs no other proof but this That it is simply and indispensibly necessary to the preserving the Peace of Mankind and to the keeping of all Societies in Union and Order and every Maxim that is of such absolute necessity to Mankind must be true Now with relation to the subject now under consideration there are Two Questions which may be made The First is A Point of speculation how far subjects are bound to obey or submit to the Supreme Power and whether they may resist them in any case and more particularly if that may be done on the account of Religion And as to this there is no Debate at present so that all Men may retain their former Opinions But the Second relates to the History and Policy of England Whether the King derives his Power from God and so is accountable only to him or if he holds it by an Original Contract with his People so that upon his breaking it they likewise may be acquitted from all Obligations to him This depends on our Laws Records and Histories and the resolution of it can only be taken from them so these being all Matters of Fact whatsoever decision was made by those who are the only competent Judges it must oblige all Persons not excepting even those who being of that Body opposed it while it was a making therefore all English Men are bound to act according to that Judgment and by consequence of swear that they will do it And therefore no private Person ought to let his particular Notions of our Government determine him but is bound to resign them up to the decision that has been so publickly made in it Here it were an easie thing to urge all those Topicks which have been made use of with relation to the Dissenters who in the matters of Government have set up their own doubts and scruples in opposition to Laws and established Rules But this Argument might seem invidious and therefore I will not insist upon it 11. But I will in the last place carry this matter further to justifie the present settlement as a thing right and lawful in it self and in order to the stating this aright this must be acknowledged That there are few of those tho' some seem now to be in some doubt concerning this matter who did not think that the King when he was Prince of Orange had a just cause of War when he first undertook this business for even at common-Common-Law an Heir in Remainder has just cause to sue him that is in possession if he makes wasts on the Inheritance which is his in Reversion It is much more reasonable since the thing is much more important That the Heir of a Crown should interpose when he sees him that is in Possession hurried on blindfold to subject an independent Kingdom to a Foreign Jurisdiction and thereby to rob it both of its Glory and of its security And when it is manifest that this must occasion the greatest Ruine and Miseries possible to that Kingdom And when a pretended Heir was set up in such a manner that the whole Kingdom believed him spurious In such a Case it cannot be denyed even according to the highest principles of Passive Obedience That another Soveraign Prince might make War on a King so abusing his power and that this was the Case in fact will not be called in question by any Protestant So then here was a War begun upon just and lawful grounds and a War being so begun it is the uncontroverted opinion of all Lawyers That the success of a just War gives a lawful title to that which