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conscience_n ordinance_n power_n resist_v 1,861 5 9.7674 5 true
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A40719 A review of the grand case of the present ministry whether they may lawfully declare and subscribe as by the late act of uniformity is required? : in reply to a book entitled A short surveigh of the grand case, &c. : wherein all their objections against both the declarations are considered and answered / by the same hand. Fullwood, Francis, d. 1693. 1663 (1663) Wing F2514; ESTC R20121 61,527 240

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deprive them of their legal Freeholds especially whilst their Representatives are kept out of Parliament it being against common Justice and the Liberty of the Subject in Magna Charta 4. To conclude admit Mr. Crofton do truly Recite the words in the Petition of Right whereas many of them have an Oath administred to them not warrantable by the Laws and Statutes of this Realm yet my Assertion stands firm enough that the Covenant is against the Petition of Right 5. For it is not warrantable by the Laws and Statutes of this Realm whether you consider the manner of imposing and taking or the very matter of it as hath fully appeared before 6. 'T is true Oaths are given by Colledges and Corporations but are they not warrantable by the Laws and Statutes of the Realm if not I am not afraid to infer that such as impose them run thereby into a premunire if they are then my argument passeth untouch'd 7. Indeed these particular Oaths are not in so many words found in the Statutes yet who doubts but that the King hath power by the Laws of the Land to grant such Charters and to give Authority to Colledges and Corporations to Administer such Oaths 8. Again who can or dare lay claim to such a power but the King or Administer such Oaths without power from the King much less against his Express will and Proclamation CASE XVII Whether the Covenant be not against former Obligations 1. I Conclude it is so and therefore void the force of the Consequence cannot be resisted in those excellent words of our great Casuist Obligation Antecedens impedit effectum Juramenti Subsequentis ne possit Obligare Semper enim Obligatio prior praejudicat posteriori Irritum facit omnem Actum inductivum novae Obligationis sibi Contrariae 2. I assume there were three strong Cords and bonds of God upon us to the Contrary before ever the Covenant was taken or thought of to Obey Authority to keep our Oaths and promises to Serve the Church in Our Generations which we shal now review in their order SECT 1. Whether the Covenant be not against the Law of Obedience to Authority 1. YOu would perswade us that I affirm this onely upon my former Principles because the Covenant is against the Rights of the King the Laws of the Land the Priviledge of Parliament and the Liberty of the Subjects which you conceive are all laid in the dust 2. Perhaps you may find these Principles more potent and vigorous in their Resurrection however though I had a General Reflection upon these former Arguments yet I added a particular force to the present Argument which having raised a Dust it seems you did not see in these words 3. More particularly God first Obligeth us to be Subject and to obey our Governours and the Covenant would engage us to disobey disown and destroy them I mean our Governours in the Church the Covenant would discharge us of our obedience and oblige us to Resistance Contrary to Gods express obligation upon us which cannot be 4. God doth immediately by his Word and likewise by the Mediation and interposition of Civil Authority command us to obey to be subject and not to resist our Spiritual Governours the Covenant would engage to break all at once and at once to violate the Laws of God the King and the Church and all Authority 5. Our duty is positive to be subject 2. Negative not to Resist whosoever resisteth the power resisteth the Ordinance of God Wherefore we must needs be subject for conscience sake Rom. 13. Now both these are broken by the Covenant the one by omission the other by commission 6. First Our positive duty of obedience and subjection carrieth in it by Universal Consent to defend preserve to honour observe and to be faithful to our Governours now how these are consistent with Endeavours to Extirpate I cannot see 7. Again Our Negative part or Non-resistance is transgressed too by the Apostles Logick not to be subject is to Resist whosoever Resisteth wherefore we must needs be Subject however to Endeavour to Extirpate is too plainly to Resist 8. For Endeavours to Extirpate a Government are both far beyond the compass of Subjection they being no part either of Active or Passive Obedience and deep in the Nature of Resistance most properly taken 9. Endeavours to Extirpate have Action in them and are therefore more then passive Obedience their Action also is Diametrically opposite to Active Obedience 10. Again Endeavours to Extirpate do formally carry Resistance in them yea they are the formal Act of high Resistance not of the Law onely but of the Government it self not in the Action onely but in the very being of it for Extirpation is the end and utmost of Resistance and therefore Endeavour to Extirpate is properly resistance 11. Pray resolve me to what part of our Duty to our Parents will you reduce Endeavours to Extirpate their Government over us or how can such Endeavours square and Conform to the Commands of God and-the Laws of the Land Not to Resist but to be Subject to our Governours Ecclesiastical and Civil 12. 'T is vain to say we are bound to obey he laws yet we may Endeavour to have them changed It is not safe to Argue from the Laws which are but the Rule to our Governours who are the object of our obedience 13. If this consequence be Good upon an Oath taken of the like Nature against the civil power we may hold our selves bound to Endeavour to Extirpate both King and Parliament 14. For Government by Monarchy and the Constitution of Parliaments you will not say they are in themselves Necessary to our civil State and if because Episcopacy is doubted to be Jure Divino you conclude it lawful to swear against it or having so sworn to Endeavour to Extirpate it I dare not undertake to find a way for the civil Government to escape the danger the Inference is easie from Government to Government though the one be in the Church and the other in the State especially seeing we cannot resist the one and not disobey the other SECT 2. Whether the Covenant be not against Former Oaths and Promises 1. THis I also affirm and consequently that the Covenant was prevented by such Prior Obligations the Case is fully stated in these words of our Reverend Casuist Si cui Juramentum suscipiendum defereratur continens aliquid quod Obligationi priori sive Naturali sive adquisitae adversatur ut si adversetur officio quod parenti debetur aut principi vel si repugnet ei quod Ante liciè juratum fuit vel promissum ejusmodi Juramentum non potest à quoquam salvâ conscientiâ vel praestari vel praestitum ad impleri qui utrumvis fecerit pejeraverit 2. I assume that the Oaths of Allegiance Supremacy and the Protestation of May 5. 1641. were taken by the Nation before any of the Nation took the Covenant and that the Covenant