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A49115 A full answer to all the popular objections that have yet appear'd, for not taking the oath of allegiance to their present Majesties particularly offer'd to the consideration of all such of the divines of the Church of England (and others) as are yet unsatisfied : shewing, both from Scripture and the laws of the land, the reasonableness thereof, and the ruining consequences, both to the nation and themselves, if not complied with / by a divine of the Church of England, and author of a late treatise entituled, A resolution of certain queries, concerning submission to the present government. Long, Thomas, 1621-1707. 1689 (1689) Wing L2967; ESTC R19546 65,688 90

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Orange And they do pray the said Prince and Princess of Orange do accept the same accordingly And that the Oaths hereafter mentioned be taken by all Persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy may be Abrogated A. B. Do sincerely Promise and Swear that I will be Faithful and bear true Allegiance to their Majesties King William and Queen Mary So help me GOD c. I A. B. Do Swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this Damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be Deposed or Murdered by the Subjects or any other whatsoever And I do Declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm So help me GOD c. Now if in the Judgment of the Great Counsel after mature Deliberation these evident Matters of Fact did amount to a just Cause to pronounce the Crown Void I cannot perceive what in Justice they could do otherwise then to lodge it where it is the present Circumstances in which the Nation was requiring a speedy Settlement For which end it was provided after the Vacancy of the Roman Empire the Electors were to agree in the Choice of another within thirty Days or else to be allowed only Bread and Water until they had agreed If it be objected That the Crown ought to be set only on the Queen it may be thus answered That there is as little Deviation made as possibly could be and that the present King might have claimed it by Conquest with as much reason as either William called the Conqueror or Henry the Seventh but he had also a better Title than either of those being nearer in Bloud then either of them and the Title of his Lady being undoubtedly the next in Succession but by a suspected Child was endeavoured to be excluded ought to be as happily it is vindicated by her Royal Consort whereupon the Administration of the Government being by general Consent conferred on him during Life it is no more than what he might have claimed nor less than what they could have granted And therefore there is no cause can be given why we should not transfer our Allegiance to him at least in conjunction with the Queen in the case of Henry the Seventh the Nation did so before his marrying the Queen in whom the right Title was and much rather may we when the Queen's Title is acknowledged and the Test of all publick Acts and Writs are in both their Names so that during the joynt Lives of the King and Queen supposing that King James hath forfeited the Crown our Allegiance is undoubtedly due as by the new Oath is required But if yet any man should scruple the taking this Oath as not being satisfied that the right of Title is in the present King I say that this is more than appears to be required either by the Letter of the Oath or the intention of the Authority that imposed it And first as to the intention of the Legislator let it be considered what other intent they could have in laying aside the Oaths of Supremacy and Allegiance wherein the right Title of the Prince in being was so punctually asserted to make room for this wherein the assertory part is wholly omitted but to prevent the objection of such as should pretend this too nice scruple of Conscience to which there being in the Nation so many Pretenders to a Liberty of Conscience which cannot be forced I do rationally believe that the present Authority had a respect in penning the Oath so cautiously for the Oath doth not say as without gross Nonsence it can be supposed I do promise that King William and Queen Mary are lawful King and Queen c. but only that I will bear Faith and true Allegiance to King William and Queen Mary which may be done supposing that King William is only King de Facto and Queen Mary de Jure as in the Case of Henry the Seventh before mentioned And as to the Letter of the Oath though the Comparison be odious yet the Resolution of Bishop Sanderson in the case of subscribing the Engagement may determine such scrupulous Consciences the words of the Engagement are I do promise to be True and Faithful to the Common-wealth of England as it is now Established without King or Lords The words of the present Oath are I do sincerely Promise and Swear that I will be Faithful and bear true Allegiance to their Majesties King William and Queen Mary Where first observe that the Swearing doth no more add an Obligation to the Matter sworn to in the Oath than the Promise and Subscription doth to the Matter of the Engagement Secondly The Ingagement was for altering of the Species of the Government from that which was most Noble to that which was most Ignoble and indeed to an individuum vagum there being then no Government established Thirdly The King then in being had in no case made a Desertion or Forfeiture of his Crown but endeavoured with the hazard of his Life to vindicate his just Title Fourthly The Invader then was a Subject and a notorious Usurper who by fraud and force had driven him from his right All which considerations made a great difference between the legality of taking this Oath and subscribing that Ingagement But here I must premise that I do not insist on this Instance as if I thought the present King and Queen were only so de facto for I am rationally and fully perswaded that they are rightfully King and Queen of England c. as ever any of their Predecessors were That learned Casuist gives a higher and stricter or a lower and laxer sence of the Engagement the lower and laxer sence he thus expresseth Whereas for the present the Supreme Power under which I am is actually possessed by the House of Commons without King or House of Lords I promise that as long as I live under their protection I will not contrive or attempt any act of Hostility against them but living quietly and peaceably will endeavour faithfully in my Place and Calling to do what every good Member of a Common-wealth ought to do for the safety of my Country and preservation of Civil Society therein And our Casuits says p. 106. There want not greater probabilities of reason to induce us to believe that this sense is to be accounted the immediate and declared intent of the imposers who though they might have a more secret reserved and ultimate intent the ingager is not concerned in it the Equivocation if any lieth on the Imposers score not on the Subscribers Because 1. Many both Divines and Lawyers took it which they would not have done in another sense 2.
the Laws to which he was Sworn he should be Perjured And by what reason can a man be obliged to observe his Oath to a person that being mutual obliged to him hath notoriously violated his Oath and becomes a perjur'd Person it is well resolved by Amesius de Juramento l. 4. c. 22. Quum aufertur ratio Juramenti Juramentum cessat ratione eventus Qui easus est eorum qui Juraverunt se obedituros domino aut prinoipi alieui qui postea cessat esse talis When the reason of an Oath doth cease the obligation of the Oath ceaseth also by reason of the event which is the case of such who have sworn to obey a Lord or Prince who afterward ceaseth to be so King John's Confirmation of an Original Contract Anno 1214. upon granting the great Charter and that of the Forest it was enacted at Running-Mead That 25 Barons should be elected as Conservators of the Liberties thereby granted who upon Violation of them might no redress being made within 40 days after notice enforce the King by seizing his Castles and Lands and as a Security the four chief Captains of the Castles of Northampton Kenelworth Nottingham and Scarborough were sworn to the Barons and that none should be placed in them but such as the Barons thought to be faithful and also the Castles of Rochester and others which of right belonged to the Archbishop of Canterbury were delivered up and others to the Barons But the King by help of some Forreigners regain'd them all and was Master of all England except the City of London whose Suburbs he burnt And then the Bishops and Barons swore at St. Edmonds on the high Altar That if King John did not observe his Grants they would compel him to it by withholding their Allegiance and seizing his Castles and when the King would not restore their Liberties and Properties they raise an Army under Robert Fitz-Walker and regain all their Castles enter London and resolved never to desist until their Charters were better secured The King being generally forsaken having not above seven Knights with him whereas the Barons and Knights were reckoned 2000. besides Esquires of good Note He sent to the King of Morocco offering the Kingdom to him who having enquired into the difference between the King and his People despised the offer as Matthew Paris relates it He offered it also to Pope Innocent to be made Tributary to him if he would excommunicate the Archbishop of Canterbury and the Barons that he might be revenged on them all which notwithstanding they maintain the War and they elect Lewis of France for their King and their Actions were approved by the Peers of France assembled at Lyons I have read that in the Clause of the Charter confirm'd by H. 3. it was provided that if the King should invade those Rights it was lawful for the Kingdom to rise against him and do him what injury they could as owing him no Allegiance And much to this purpose is quoted out of King John's Charter in these words Et illi Barones cum communa totius terrae destringent gravabunt nos modis omnibus quibus poterint scilicet per captionem Castrorum terrarum possessionem aliis modis donec fuerit emandatum secundum arbitrium eorum And the practice of the Nobles and Commons in those days do evidence that they had some such Grants from their Kings for their justification and perhaps much more then doth now appear for it was made an Article against Richard the Second that he had erazed and imbezled the Records to the great dammage of the People and the disinherison of the Crown But this King Henry the Third upon a grant of the thirtieth part of his Subjects Goods ratified their Charters and Swore to preserve them inviolably as he was a Man a Christian and a King crowned and anointed and the Archbishop of Canterbury with the other Bishops denounced a Sentence of Excommunication against all such as should invalidate the Priviledges granted by the Charters throwing down on the ground the lighted Candles which were in their hands and saying So let every one who incurs this Sentence be extinct in Hell. And here I cannot forbear to repeat that Article of the Magna Charta which yet appears in the original Grant or Confirmation which the Bishop of Salisbury says he hath in his own hands under the great Seal See the Bishop of Sarum 's Pastoral Letter p. 27. whereby it is provided That in case the King should violate any part of the Charter and should refuse to rectifie what be had done amiss it should be lawful for the Barons and the whole People of England to distress him by all the ways they could think on such as the seizing on his Castles Lands and Possessions provision being only made for the safety of the persons of the King and Queen and their Children Now this being a fundamental Law and Contract and never repealed may abundantly justifie all that hath been done by the People of England in the late Revolution For whereas it is objected that the late Laws and Declaration That it is not lawful on any pretence whatsoever to take up Arms and that it is unlawful for both Houses of Parliament to levy War offensive or defensive against the King and the Recognition made the first of King James do supersede all former Laws I answer That such fundamental Laws cannot be abrogated without a particular recital of them and an express abrogation so that those Laws mentioned in the Charters for the restraint of illegal Actions and those that gave the Heretochs the power of the Militia and Officers by Sea and Land not being particularly repealed cannot be abrogated by those hasty Acts which have been since made for though the Militia be by those hasty Acts granted to the King yet it must be understood that they were so granted in trust and confidence that it should be imployed for the protection and safety of the People and Sir Edward Cooke in his Institutes on Magna Charta alloweth that the King hath no power over the Militia to Muster his Subjects but only in such cases and in such manner as the Parliament by special Acts hath prescribed and therefore those Heretochs or Lord-Lieutenants which had the power of the Militia for the word Heretoch by Selden in his Titles of Honour p. 603. is compounded of Here which signifies Exercitus and Togen ducere signifies Dux exercitus sive navalis sive terrestris and signifies a Commander of an Army by Sea or Land. See Spelman p. 232 348. That the Sheriffs of every County who had the Posse Comitatus or the power of raising the Militia were to be chosen by the People in the County-Courts is evident by express words of King Edward the Confessor's Laws Cap. de Herotochiis as Lambard's Arch. p. 135. and Sir Edward Cooke 3 Edw. 3. c. 17 19. And by the Articles against Richard the Second