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england_n act_n king_n law_n 5,822 5 4.7877 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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