Selected quad for the lemma: duty_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A39219
|
Eleventh collection of papers relating to the present juncture of affairs in England and Scotland
|
|
1689
(1689)
|
Wing E498; ESTC R1822
|
26,308
|
38
|
the Affairs of Europe for that great Enemy of the Protestants and even of Christianity it self who had propos'd nothing less to himself than an Universal Monarchy whom the Strictest Leagues and Contracts cannot bind but without regard to GOD or Man threatens all his Neighbours with utter Destruction by the Scene 's being changed among us is so far humbled that from a Proud and Insulting Enemy he is become a Supplicant for Peace well foreseeing that if Britain join with those other Princes whom his Insolence Cruelty and Avarice has so justly Armed against him his Ruine is Inevitable So that if we have not Soul enough to enjoy this great Blessing and can easily part with the Glory of being once more the Arbiters of Europe let us at least have so much Christian Love and Charity for the Neighbouring Nations of our own Perswasion as not to expose them to a necessary Participation of these Plagues which our Common Enemies are preparing for us and which will certainly Terminate in all our Destructions Lastly I beseech you to consider what Persons they are who would Instill this Poyson in you and you will find them of three kinds First those who Postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Justice and Mercy equally Flourish Virtue and Merit not Villany will be rewarded Secondly They who are ignorant of the Nature of Government and were never at the pains to inform themselves what Measures the Law of Nature and Nations have set to mens Obedience but are angry at every thing that thwarts their wild Notions and will admit of nothing tho never so reasonable and convincing if their dull Capacities cannot reach it The third sort are such as have been instrumental in the inslaving their Country and are afraid if they be called to an Account they may be brought to suffer Condign Punishment if such cannot succeed in their Design they at least hope to be overlook'd in a General Confusion so they have nothing unessayed that may tend to their own safety and if Heaven fail them they summon Hell to their Aid not that Love to their Prince but meer Ambition and Interest drives these Criminals to such Attempts neither are they much to blame if they are at such pains to sow Divisions among us But no Person of Wit and Judgment nor any Good Man that is truly Protestant and minds the good of his Country will suffer himself to be so grosly imposed on by such Firebands who would build their Furture Imaginary Greatness on the Ruine of Our Religion Laws and Country The Grounds upon which the Estates of Scotland Declared the Right of the Crown of Scotland FORFAULTED and the Throne become VACANT I. BBcause King James the Seventh is a Professed Papist II. That the said King James did assume the Royal Power and acted as King without ever taking the Oath required by Law. III. That he hath by the Council of evil Men invaded the Fundamental Constitution of the Kingdom and changed it from a limited Monarchy to an Absolute and Despotick Power IV. Which Power he hath imployed to the Subversion of the Protestant Religion and the Violation of the Rights of the Subject And thereby V. Hath inverted all the Ends of Government The Opinion of two eminent Parliament-Men justifying the lawfulness of taking the Oaths of Allegiance to King William and Queen Mary I. FIdelity and Allegiance sworn to the King is only a Fidelity and Obedience as it is due to him by the Law of the Land for were that Faith and Allegiance more than what the Law requires we should swear our selves Slaves and the King Absolute whereas by the Law we are free notwithstanding these Oaths II. When therefore by the Law Fidelity and Allegiance ceaseth then our sworn Allegiance ceaseth for if Allegiance might be due by the Oath to one Person whilst by the Law it ceaseth to him and becomes due to another Person the Oath then would oblige Men to transgress the Law and become Traytors and Rebels whereas the Oath is part of the Law and therefore ought to be so interpreted as may consist with it III. Fidelity and Allegiance are due by the Law to King William and not to King James for the Statute of 25 of Edward 3 d which defined all Treasons against the King and is the only Statute to that purpose now that Statute by the King understands not only a King de jure but also a King de facto tho not de jure against whom those Treasons Lie whence the Lord Chief Justice Hales in his Pleas of the Crown p. 12. discoursing of that Statute tells us that a King de facto and not de jure is a King within that Act and that Treason against him is Punishable tho the Right Heir get the Crown and that this hath been the common Sense of the Law Sir R. S. upon application to him about it hath assured us And according to another Statute 11 Hen. 7. ch 1. It is declared Treason to be in Arms against a King de facto such as Richard the 3 d was tho it was in behalf of a King de jure So then by the Law of the Land all things are Treason against King William which have been Treason against former Kings therefore the same Fidelity Obedience and Allegiance which was due to them is due to him and by Consequence may be Sworn to him by the Law of the Land. Allegiance and Protection are always Mutual and therefore when King James ceased to Protect us we ceased to owe him Allegiance by the Law of the Land and when King William began to Protect us we began our Allegiance to him These Considerations are in our Opinion sufficient to remove the Grand Scruple about the Oaths If the dissatisfied Party accuse the Convention for making the Prince of Orange King it is not my Duty to judge those above me therefore I shall only say that if they have done ill Quod fieri non debuit factum valot and they of the Clergy ought not to censure their Superiours but obey according to the Law and Doctrine of Passive Obedience FINIS
ever except against the Validity of it May it not seem something unjust to deny this Liberty to Princes when they find themselves overcharged with the Weight of Government to retire into a Privacy for the better enjoyment of their inward Peace and Quiet But I presume no Man will deny this Hypothesis It remains to prove the Thesis That the late King did abdicate 1. I will not dwell upon what was done by the Metropolitan and other Lords of the Council upon his first withdrawing they came into the City and with the Lord Mayor sent for the Lieutenant of the Tower seize upon the Keys dispossess the Souldiers place a new Garrison there and desire the Prince of Orange to assume the Regency Why all this if he had not Abdicated Upon what other ground durst they raise Arms seize upon his Royal Fort Or how can they excuse themselves from formal Rebellion and breach of Oaths if this be not granted and is not unpresidented That Princes shall take up their Scepters again when they have laid them down But to pass by this 2. I would willingly be resolv'd by any Thinking Man whose Judgment and Testimony is most authentick in this Particular Whether I am to resolve my self into the Judgment of the whole Nation in a full and clear Representation in Parliament or into the private Fancies or Opinion of a few Men I remember what you once repli'd to this That every Mans Conscience is to judg for himself in point of Practice But do you not know when and by whom this Principle was exploded whilst some were prosecuted for meer Matters of Worship And shall this be pleaded by those Men who so vigorously have acted against it when in its own Nature it is so destructive of the Civil Peace A Line and a Line is an Abomination Did ever any Government upon the Pretence of Conscience dispence with Disobedience in Things necessary to its Establishment And can any Man expect to be excus'd from taking the Oaths which is the only Moral Security the Government can expect or require and upon this very Pretence which if allowed all Kingdoms must dissolve into Anarchy and Confusion Religion and Conscience being the Common Pretentions of all Male-Contents This may suffice to satisfy any sober Rational Man that is not resolv'd to maintain the Conclusion be the Premises never so weak Some there are that presume their Subscription to the Doctrine of the Church of England in her Book of Articles will not permit them to yield their Obedience to these Alterations But if this shall prove a Mistake and our Obedience shall be conformable to our Principles will it not rather be esteemed Peevishness than Conscience To discover the Mistake let us consider when and by whom the Articles were composed and refer the Practices of those Times to the Articles as an authentick and clear Interpretation of them and this also will vanish like Smoak 1. The Articles were made or at least confirmed in the Reign of Queen Elizabeth who was a constant asserter and maintainer of this Maxim That it is lawful for a neighbouring Prince to relieve and defend the Subjects of another when invaded in their Laws Liberties and Religion Who was it that protected and assisted the Hugonets in France against the Tyranny and Violence of their Princes Was it not this Gracious and Heroick Queen And who was it that protected the Netherlands against the Violence and Usurpations of the Spanish Monarch And was all this contrary to the avowed Doctrines of our Church of which she was the Defender Was not this defended or at least allowed of by the Church-Men of those Times must it be now inconsistent with the Principles of our Times Do they bind our Hands so that if we are invaded we may not crave the like Protection Let any sober scrupulous dissatisfied Person give a sober Answer and Resolution to these Queries The Dutch Netherlands erected a new Model of Goverment under her Protection after they had shaken off the Spanish Yoak 2. Let it be granted what ought not to be denied That the late King did abdicate and that the Government did devolve upon the People and these in a full Representative of the whole Nation whether in Parliament or in a Convention it matters not which whilst that was a free and fair Choice have constituted these to be our Governours Are we not to pay and swear Obedience unto them as well as their Predecessors And if this were rightly weigh'd would answer an Objection from that Declaration in the Act of Uniformity I abhor that Traiterous Position c. If after all this Men will fix all upon a Jus divinum and fly to Scriptures let them give plain positive Texts for a general Form with Rules universally relating unto and obliging all Places and Men. If they cannot let them confess that God hath left all Nations and People to be ruled by that Government and those Laws which are most suitable to the Constitution and Temperament of the People and this I lay down for a Foundation not to be overthrown But to Answer those places which are so much insisted upon that of our Saviour's St Paul's and St Peter's we need to make use of that absurd Assertion of some of the Romanists That this was only enjoyn'd and to be performed until they had opportunity to make a Resistance This would stain the Glory of the Primitive Martyrs Not a forced but a voluntary Martyrdom deserves the Crown however this gives a taste of the Loyalty of these Men and their Religion to the maintaining of which the Popish Princes sacrifice all their Power and Policy But for a more Substantial Answer by way of Satisfaction to these Scruples let it be duly considered that the Primitive Christians and we were under different and distinct Administrations they liv'd under absolute Monarchs their Grandeur was won by the Sword and confirm'd by a pure Despotick Power and therefore their Resistance had been unlawful contrary to the Rule and Force of their Government but it is quite otherwise with us We are setled upon a Gothick Model our Princes make no Laws without our own Consent they are obliged to the excution of Laws made by our selves with their Consent they have no Power to dispense with the breach of them by others nor to invade them themselves This was own'd by the seven Bishops declar'd by former Parliaments so that no Man is bound to pay their Allegiance any further Let Caesar have what is Caesar's and the Subjects what is theirs their Laws their Birth-right In some cases Moral positive Duties are superseded by what is naturally Moral as in the Duties of the fourth Command so here Tho Government in general be founded upon Nature yet this or that Form is but positive and if it be not consistant with the end of Government Self-preservation Why should not it be either altered or fixed in those who will prosecute the right end the