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england_n church_n king_n power_n 7,217 5 5.0753 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A29406 A Brief account of the nullity of King James's title and of the obligation of the present oaths of allegiance 1689 (1689) Wing B4512; ESTC R21834 7,210 14

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hostile Enterprizes no less than any other open Invader By this means we find the Legal Government did for the time expire His Commands were in a Language strange and unknown to our Laws to which therefore none were bound to pay Allegiance His Magistrates such as had no Union or Communion with the lawful Members of the Kingdom which might not therefore be moved or acted by them insomuch as the Body Politick lay as it were a lifeless Carcass as tho' we had been dissolved into an aggregate Multitude having no common Interests nor any proper Methods to pursue them by reduced as it were to a state of Anarchy and Confusion Therefore it must be concluded That when he first embraced these Principles he became uncapable of our Legal Government which he did thereby vertually renounce and when he first made his Designs public he likewise made it appear how little Allegiance was due to him No man can be invested with any Authority but by his own consent and when it appears that he will not accept of that Authority which is consistent with the Constitution he at the same time disclaims all those Prerogatives that are annex'd to that Authority If our Fundamental Laws require themselves to be observed beyond all other Laws they must needs invalidate all such Pleas as might be brought from any other Laws in the behalf of such a person which might prove destructive of themselves they can no more bestow or approve the Government of such a person than they can require or approve the subversion of that Politie which they establish or contradictions can consist together If a total Anarchy or suspense of Government be inconsistent with our Laws much more such a Monarch who will not only not execute but is resolved to cancel them It is impossible to conceive an attempt of a more publick Robbery or tragical Mischief than this That one man should make himself Master of the Lives and Fortunes of a whole Nation which he should by his Principles be obliged to destroy This is so great a Change or rather Destruction of our Government as nothing could be greater If a Duke of Venice should go about to make himself a Legal Monarch to establish the Government in his Family to be administred according to Law the Change had been insensible in comparison of this when a free People are wholly enslav'd and are made Tenants at Will for all their Goods and Possessions If it would be lawful to defend the Rights of the Republick against the Usurpations of the one kind it would be much more so to defend our Rights against the other which are far greater And so far is this Change from being feigned that our Enemies did not only project our Ruin but rather did openly triumph in the expectation of it From all which we see the demonstrative Evidence of this Argument Whosoever lives amongst us cannot but know our Fundamental Laws and Customs which by no means allow but cancel that usurp'd Power and Authority of any Prince which is not directed by Law. And the same persons cannot choose but know the Principles and Undertakings of King James that he did utterly disclaim such a limited Power as being insufficient to answer his ends And the Conclusion is contained in these self-evident Premisses That since he would not accept of such a ●o●er he could have no other Power or Authority according to our Constitution and consequently he could be no legal or rightful King therefore his Title must be utterly null and void That our Laws might make it appear more expresly that such a person is uncapable of the Government they have declared without all exception That all such as revolt to that Church which is our professed Enemy shall be esteem'd as Traytors and Outlaws And it would be strange that any person should be capable to become the Head of the Body Politick who by vertue of those Principles was so utterly cut off from all share of Communion and Society in it that according to the sense of our Laws he became uncapable to enjoy any priviledge as a common Member of it We see how excellently our Constitution is fram'd which requires that the Laws of God should be apply'd to our particular circumstances and as each Member is concern'd for the Interest and Happiness of that Society to which he appertains so they all are oblig'd in their several stations to maintain the same Government for the honour of God and the good of the People and therefore in cases of extremity they may use those means which are necessary for that end If there had been no Law for that purpose yet the Law of Nature gives every Regular Government a Right to defend it self against all the p 〈◊〉 〈◊〉 d Enemies of it It is a Maxim of our Law That the Laws of God and Nature should take place before all other Laws The same Law of Nature teaches That he can never be capable to be the Head of any Society who cannot imploy the proper Offices of the Head for their due Ends but is oblig'd to pervert them to quite contrary purposes such a Society is to all intents and purposes destitute of a Governour when he who usurps that place neglects to afford those necessary assistances that are due from him But the case is yet far worse when such an Enemy challenges the Power and Trust which belongs only to a Guardian and Father who thinks it his Duty to ruine those whom he ought to protect and defend Since therefore it appears That there was an utter incapacity in the Person of the late King to become the Legal Rightful King of this Realm and such an Incapacity as was grounded in the Laws of God and Nature in the Fundamental and other Municipal Laws of this Land. Hence it follows That none of these Prerogatives not to be resisted not to forfeit not to be depos'd which by the Laws of God and of this Land do seem plainly to be annex'd to the persons of all our True and Rightful Kings acting legally as the Church of England ever has and does still teach could any way in conscience be accounted due to him who did not only grosly abuse but quite endeavour'd to destroy the true Legal Power of an English Monarch And therefore so soon as his dissembl'd incapacity was discovered the Nullity of his Title might appear to have been from the Beginning And consequently since there can be no Interregnum the Right must descend to such as were qualify'd according to Law who with the Consent of Parliament may dispose of the Regal Power in such manner as might seem most useful for the publick Good. And if our Allegiance thus appear to be due to 'em it ought to be declared in such manner and by such Oaths as the Law appoints FINIS