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england_n authority_n king_n person_n 2,869 5 4.9501 4 false
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A86884 Comprehension promoted. Whether there be not as much reason, in regard to the ease of the most sober consciences, to take away the subscription in the Act of Uniformity, as well as the declaration of assent and consent? Humfrey, John, 1621-1719. 1704 (1704) Wing H3675; ESTC R178383 6,720 8

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Comprehension PROMOTED Whether there be not as much reason in regard to the ease of the most Sober Consciences to take away the Subscription in the Act of Vniformity as well as the Declaration of Assent and Consent THough I am a person who according to my Genius and the Preparation of my Studies should be apt to offer something to the Nonconformist for their Compliance at this time with the Church in general as Protestants rather than discourage any body with Scruples Yet do I see reason under this present Juncture of Affairs and the kind Inclinations of the House toward Union in their voting away the Declaration of Assent and Consent to represent also the Subscription in the same Act and the Oath imposed in the Act at Oxford for the like redress unto their tender Considerations THE SUBSCRIPTION I A. B. do declare That it is not lawful upon any pretence whatsoever to take Arms against the KING And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law established And I do declare that I do hold there lyes no Obligation upon me or any other person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State and that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom THE OATH I A. B. do swear That it is not lawful upon any pretence whatsoever to take Arms against the KING And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any alteration of Government either in Church or State In this Oath and Subscription we have the Matter and the Form of words that is the Substance and the Composure And the one and the other in both are lyable to the ensuing Exceptions To begin with the Oath Here are three parts of it The first part appears not consistent with Judgment the second with Truth nor the last with Righteousness I will take up the last part first And I will not endeavour any Alteration of Government There is no Government on earth is so perfect that it hath need of Laws like the Medes and Persians Alteration of Laws and so Government in the Administration is as necessary many times upon emergent occasions to the Politick Body as the fresh Air is to the Natural This Oath was brought into the House to have been made common It were not a thing Righteous to have had that Engagement laid on persons in such a capacity it is not Righteous to have it laid on any who are Free-Holders and Free-Subjects as we are The Constitution of our Nation as Parliamentary is such That no Law can be Established or Repealed but it must pass the House of Commons and so the whole Body doth concur in their Representatives to every Alteration of Government that is made if it be Legal And no House of Commons are chosen but by the People Every English man is intended to be there present either in Person or by Procuration and the consent of the Parliament is taken to be every mans consent says Sir Thomas Smith De Rep. Ang. l. 2. c. 2. Nay while the King Consilio assensu Baronum leges olim imposuit universo Regno consentire inferior quisque visus est in persona Domini sui capitalis prout hodie per procuratores Comitatus By the Counsel and Assent of his Barons did give Laws to his whole Realm every inferior seemed to consent in the person of his chief Lord as now they do by their Burgesses and Knights of the Shires says Sir Henry Spelman This is so true that in this sense it is that the Laws that pass are said to be Quas vulgus elegerit Which the people shall chuse Now then if every Free-Subject hath a fundamental Liberty to chuse Knights and Burgesses and accordingly to inform them of their Grievances and petition them for Redress and in them as their Representatives do consent to the Alteration of Government and Laws as are profitable for the Nation how can such an Oath be imposed on any that they will not endeavour any Alteration as this is Is not chusing Burgesses informing them petitioning them acting and legally consenting in them to that end an Endeavour and that as much as can be in their place and calling And no more than an endeavour in their place and calling was challenged by any It not the Foundation-Liberty of the whole people and our selves with them here in danger Judg ye that are Wise For the Words then or Form I wonder at this rigour in the Compiler that a man must swear not to endeavour any alteration Had it not been enough to be engaged not to endeavour the alteration of the Substance of our Government Episcopacy in the Church and Monarchy in the State but must it be not any alteration It were well we were so absolutely perfect And again must they not at any time endeavour any alteration What if Times should turn and we be in as great a confusion as we were or any the like chance or change come Must these men be bound up that they cannot endeavour to reduce back this Government that we now have No not the King and Bishops if the iniquity of the Times should put them out for they have sworn they will not at any time endeavour any alteration in Church or State Sirs The Matter of this Obligation being against the Fundamental-Freedom of the Subject and Parliament and the Words as you see so ensnaring and that against that duty all owe to the Publick Good I offer it you to consider in the first place whether this last part be according to Righteousness For the middle part of the Oath Here is a Position of taking Arms by the Kings Authority against any Commissionated by him which must be sworn to as abhor'd and trayterous There is now a case in the mouths of all the understanding Refusers of the Oath of Subscription Suppose some Writ sued out and comes to the Sheriffs hands and suppose some to oppose the execution by the Kings personal Command or Commission and he thereupon raises the Posse Comitatus upon them I will ask here Whether the Sheriff acts not herein by the Kings authority I think it cannot be denied By the Kings Authority is all one as by the Law or in the Name of the King according to Law And when he can act so against any for all their Commission and the Law will bear him out how is this Position in this case trayterous and to be abhor'd For my part