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A30398 A pastoral letter writ by the Right Reverend Father in God, Gilbert, Lord Bishop of Sarum, to the clergy of his diocess, concerning the oaths of allegiance and supremacy to K. William and Q. Mary Burnet, Gilbert, 1643-1715. 1689 (1689) Wing B5842; ESTC R7837 13,408 35

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And the Subjects are not only warranted but required to enter into Associations and Oaths for that Effect This is an Evidence that by the Ancient Constitution of England there was no such irresistible Authority in our Kings as some have been inclin'd to imagine But after all if there be any who are so possest with their preconceited Opinions that they either cannot lay them down or will not confess that they have been mistaken in their Notions of Politicks these ought to be very sure that they are in the Right before they will adventure as far as in them lies to undermine and shake the present Constitution To conclude I hope you will examine this whole Matter with the Care and Attention that it deserves that you will weigh the Reasons of both Sides without partiality that you will Fast and Pray in order to the preparing your Minds for the finding out of the Truth and that you will hearken to all that can be said of both hands being neither byassed to the Affirmative by your present Interests nor inclined to the Negative as to the received Opinion neither affecting Singularity nor throwing your selves into the Croud but that you will seek to hear Reason and examine what is most agreeable to the Scriptures and be determined by it This is the daily and most earnest Prayer of Reverend and dear Brethren Your most Affectionate Brother and most Humble Servant GIL SARUM May the 15th Books Printed for John Starkey AN Historical and Political Discourse of the Laws and Government of England from the first times to the end of the Reign of Queen Elizabeth with a Vindication of the Ancient way of Parliaments in England Collected from some Manuscript Notes of John Selden Esq by Nathaniel Bacon of Grays-Inn Esq in Folio Price bound 12 s. For Printing this Book John Starkey was Outlaw'd in the year 1682 which is now by him New Published The Journals of all the Parliaments during the Reign of Queen Elizabeth both of the House of Lords and House of Commons Collected by Sir Simmonds D'Ewes of Suffolk Knight and Baronet Revised and Published by Paul Bowes of the Middle-Temple Esq in Folio price bound 20 s. A New Systeme of the Apocalypse or Plain and Methodical Illustrations of all the Visions in the Revelations of St. John Written by a French Minister in the year 1685 and finisht but two days before the Dragoons plunder'd him of all except this Treatise to which is added this Authors Defence of his Illustrations concerning the Non-Effusion of the Vial in answer to Mr. Jurieu faithfully Englished In 120. Price bound 2 s. 6 d. Books Lately Printed for Richard Chiswell DR BURNET'S History of the Reformation of the Church of England in 2 Volumes in Folio His Abridgment of the said History of the Reformation History of the Rights of Princes in disposing of Ecclesiastical Benefices and Church Lands 12o. Life of Dr. William Bedell Bishop of Kilmore in Ireland to which are Annexed the Letters betwixt Him and Wadsworth about Religion His Two Letters Written upon the Discovery of the Popish Plot together with a Collection of several other Tracts and Discourses Written by him betwixt the years 1678. to 1685. To which is added a Letter written to Dr. Burnet giving an Account of Cardinal Pools Secret Powers The History of the Powder Treason with a Vindication of the Proceedings thereupon An Impartial Consideration of the Five Jesuites dying Speeches who were Executed for the Popish Plot 1679. His Account of the Life and Death of the Earl of Rochester A Vindication of the Ordinations of the Church of England In which is demonstrated that all the Essentials of Ordination according to the Practice of the Primitive and Greek Churches are still retained in the Church Reflexions on the Relation of the English Reformation lately printed at Oxford In two Parts 410. Animadversions on the Reflections upon Dr. BURNET's Travels 80. Reflexions on a Paper intitled his Majesties Reasons for withdrawing himself from Rochester An Enquiry into the present State of Affairs and in particular whethewe owe Allegiance to the King in these Circumstances And wher there we are bound to Treat with Him and call Him back or no A Sermon Preached in St. James's Chappel before the Prince of Orange 23d Decemb. 1688. A Sermon Preached before the House of Commons 31 January 1688. being the Thanksgiving day for the deliverance of this Kingdom from Popery and Arbitrary Power His Eighteen Paper relating to the Affairs of Church and State during the Reign of King James the Second Seventeen whereof were written in Holland and first Printed there the other at Exeter soon after the Prince of Orange's Landing in England A Letter to Mr. Thevenot Containing a Censure of Mr. Grand's History of King Henry the Eighth's Divorce To which is added a Censure of Mr. Meaux●s ●s History of the Variations of the Protestant Churches Together with some further Reflections on Mr Le Grand A Sermon Preached at the Coronation of William III. and Mary II. King and Queen of England Scotland France and Ireland At Westminster April 11th 1689. Dr. PATRICKS Parable of the Pilgrim The Sixth Edition corrected A Private Prayer to be used in difficult Times 80. Exposition of the Ten Commandments 80. His Sermon before the Prince of Orange 20. January 1688. His Sermon before the Queen at Whitehall March 1. 1688. The Pillar and Ground of Truth A Treatise shewing that the Roman Church falsly claims to be that Church and the Pillar of that Truth mentioned by St. Paul in his first Epistle to Timothy Chap. ● v.15 His Sermon preached on St. Peters day published with Enlargements His Sermon preâched at St. Pauls Covent Garden on the first Sunday in Lent being a Second part of a Sermon preached before the Prince of Orange newly published Preparation for Death being a Letter sent to a Young Gentlewoman in France in a distemper of which she died By WILLIAM WAKE M. A. Preacher to the Honourable Society of Grays-Inn His Two Discourses of Purgatory and prayers for the Dead 40. His Exposition of the Doctrine of the Church of England in the several Articles proposed by the late BISHOP of CONDOM in his Exposition of the Doctrine of the Catholick Church His Defence of the Exposition of the Doct. of the Church of England against the Exceptions of Mr. de Meaux late B of Condom and his Vindicator A Second Defence of the Exposition of the Doctrine of the Church of England against the new Exceptions of Monsieur de Meaux late Bishop of Condom and his Vindicator The FIRST PART in which the Account that has been given of the Bishop of Meaux's Exposition is fully Vindicated the Distinction of Old and New Popery Historically asserted and the Doctrine of the Church of Rome in point of Image Worship more particularly considered Second Defence of the Exposition of the Doct. of the Church of England against Mr. de Meaux and his Vindication the SECOND PART
is acquired in the Progress of it Therefore King Iames having so far sunk in the War that he both abandoned his People and deserted the Government all his Right and Title did accrue to the King in the right of a Conquest over him so that if he had then assumed the Crown the Opinion of all Lawyers must have been on his side But he chose rather to leave the Matter to the Determination of the Peers and People of England chosen and assembled together with all possible freedom who did upon that declare him their King so that with relation to King Iames's Rights he was vested with them by the Successes of a Just War and yet he was willing with relation to the People to receive the Crown by their Declaration rather than to hold it in the Right of his Sword And indeed which way soever that King Iames's deserting the Government is turned this Argument has much weight for if he was forced to it then here was a Conquest and if it was voluntary it was a wilful Desertion the Great Seal's being cast into the Thames is an unaccountable part of it and seems to imply this at least That either he did not think of returning again or that if he should return that he would no more Govern by the shew of Law of which the Great Seal seems always to carry some Prints So that in a word the People of England being left without a Government and in the Hands of one that could and might have assumed it and that stood so near the immediate Succession to the Crown were reduced to the necessity either of continuing in a State of Anarchy for a Regency for Life which was offered by those who except to the Oaths though it was a real divesting of King Iames of our Allegiance and the translating it to another is no better in the construction of the Law it having no legal Security in it to conduct the Government or so much as to indemnify those that should act under it or of returning back to that Misery which they had so much dreaded but a few Months before or of settling themselves upon such a legal Foundation as might secure the Peace and Quiet of the Nation and in all Extremities relating to the Government that is always best which is safest and every Resolution which is necessary to the Peace and Happiness of the Nation is upon that very Account Just and Good because it is necessary And now I have gone over this Argument in all the Branches and different Views in which it may be set and have laid before you the Reasons that make me conclude that the Settlement now made was founded on good Grounds and that tho the Grounds were doubtful yet that all the Subjects ought to be determined by the Decision made by the Representative of the Kingdom And beyond all this that even a Possession without so great a Support ought to quiet all Mens Minds at least so far that they ought to submit and swear to it without any Scruple It remains that I should say somewhat in Answer to these Objections that may arise against all this the chief of which are taken from those Oaths and Engagements by which you were bound to King Iames and his Heirs And from this that Allegiance seems to be a personal Tie which binds you to him during Life and after his Death passes to his Heirs but if it is certain that Allegiance is a Tie to a Prince in consideration of the Protection which he gives then when he can no more protect those who owed him Allegiance they can be no longer bound to him but must give their Allegiance to him that protects them The very Term of Allegiance rises out of the Feudal Law by which the chief Lord of a Fee when he made any Grants to his Vassals took them bound in consideration of these Grants to adhere to him to defend his Person and to assist him in his Wars but all this being done by the Vassals in consideration of the Fee that was granted an Original Contract is plainly implied in it so that if the Lord of the Fee should go to take away the Fee it self or to change the Nature of the Subjection in which the Vassals were put by the first Grant then the Oath which was grounded on it could not be supposed to bind them any longer Nor can any Man be bound to a Man's Heir before he himself is Dead so that the Tie arising from the word Heir can signify nothing till the Inheritance is opened by Death and in that Case we must return to this that Allegiance and Protection being reciprocal there can be no Allegiance due where there can be no Protection given In short the declaring of this Government and the degrees of the Submission which the Subjects owe our Prince and of the Person so whom their Allegiance is due can only be made by the Peers and People of England and when that is done you must rest there and give your selves no further trouble otherways you take to your selves an Authority of judging in a matter relating to your Government after those who are the only competent Judges have decided it This being then the true State of the Question it is now reduced to this that since there is on the one side such clear and apparent Reasons leading us to obey and that on the other side there is nothing but an Opinion that some Men whose Studies have never led them to examine either the Nature of Civil Societies in General according to the Roman Law or the Nature of the English Government from the Laws and History of England with that care that was Necessary have taken up that there is an uncontroulable and Supream Power lodged with our Kings by a Divine Deputation which exempts them from being called to an Account or resisted by their People let their Violations of the Law be never so many or so eminent When I say these two things are weighed the one against the other it seems very plain that the former must far down-weigh the other I will not here enter into this Argument that must carry me very far if I should once undertake it I have done it upon another Occasion and I will only add one thing in this Paper That the Original Articles of the Magna Charta granted by King John is now in my Hands with his Great Seal to it which has been ever since that Time esteemed the Measure of the English Government and by it it is expresly provided That in case the King should violate any Part of it and should refuse to rectify What he 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 provition being only made for the Safety of the Persons of the King and Ducen and of their Children