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A40488 A friendly debate between Dr. Kingsman, a dissatisfied clergy-man, and Gratianus Trimmer, a neighbour minister concerning the late thanksgiving-day, the Prince's desent [sic] into England, the nobility and gentries joining with him, the acts of the honourable convention, the nature of our English government, the secret league with France, the oaths of allegiance and supremacy, &c. : with some considerations on Bishop Sanderson and Dr. Falkner about monarchy, oaths, &c. ... / by a minister of the Church of England. Kingsman, Dr.; Minister of the Church of England.; Trimmer, Gratianus. 1689 (1689) Wing F2218; ESTC R18348 69,303 83

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and Renowned Fleta hath left as his Judgment and Law l. 1. c. 17. S. 2 3. Nec à Regnando dicitur sed a benè regendo nomen assumitur Rex verò dum benè regit Tyrannus dum populum suâ violatâ apprimitur dominatione Ad hoc namque electus est ut justitiam pariter Vniversis sibi subditis faciat exhibere c. And Sect. 14. Ad haec enim Creatus est Rex Electus ut justiciam faciat Vniversis c. Florentius Wigorniensis that old Historian relates That Edgar the First who united England into one Kingdom was Electus ab omni Anglorum Populo of all the People of England Edit 4º p. 355. as he was before chosen of the Mercians and Northumbrians who deserted King Edwin because he acted foolishly in the Government committed to him p. 354. After the decease of Edgar there arose a great Dissention among the chief Men of the Kingdom about the Election of a King for some Elected Edward his Son and others Elected his Brother Ethelred p. 361. And to save the labour of looking further you may see how the Succession went see in a brief History of the Succession printed the other Day 3. Government grew by degrees into Kingdoms and began in Families encreased into Vicinities Towns Cities Common-Wealths and Kingdoms And that Form of Government was best which best agreed with the People and was most conducive to the Publick Benefit Hear what the Admired and Learned Mr. Hooker thought Book I. of Eccles Policy p. 27 29. The Case of Man's Nature standing as it doth some kind of Regiment the Law of Nature doth require yet the Kinds thereof being many Nature tieth not to any One but leaveth the Choice as a thing Arbitrary This is contrary to them that set up Monarchy and Absolute too upon the Foundation of the Law of Nature 4. As to the derided Contract and Consent of the People where and by whom and abundance of Questions about it I conceive the words of the same Learned Hooker may ballance those of Bishop Saunderson That which we spake before concerning the Power of Government must be here applied to the Power of making Laws to command whole politick Societies of Men belongeth so properly unto the same intire Societies of Men that for any Prince or Potentate of what kind soever upon Earth to exercise the same of himself and not either by express Commission immediately and personally received from God or else by Authority derived at first from their Consent upon whose Persons they impose Laws it is no better than meer Tyranny Laws they are not therefore which publick Approbation hath not made so But Approbation not only they give who personally declare their Consent by Voice Sign or Act but also when others do it in their Names by Right at least originally derived from them As in Parliaments Councils and the like Assemblies B. 1. p. 28. The many of Bishop Saunderson's Questions may easily be answered by destroying his Supposition That there was a great number of People as big suppose as a Kingdom without Government and that these all must in all respects be equal or else they may be injured by some who contract and all present to chuse their Governor and give him Power to rule according to contract * See the same Supposition handsomly flourish'd by Dr. Fern. Consc satisfied p. 9. It is no Matter by whom or when the first Contract was made we are sure it was by the Light of Nature or Reason in the most convenient way Let us see how it is now and hath been of a long time Whereas we read in our Histories that sometimes the Nobles sometimes Nobles and Prelats sometimes the Heads of the Commons agreed with their King upon Conditions to govern But that is the most perfect way which is by the three Estates met in Parliament or Convention 5. That there were and are Contracts between the Kings of England and the People or the Community made by their Representatives is not void of sufficient Proof Take a few The People of England are called the King's Liege People because they are obliged to him And the King is also called the Liege King for the same Reason because he is bound by Contract or Covenant to them Dicuntin utrique ligii Princeps nempe ligius Dominus subdits verb Populus ligius homines ligii Ligia foedus Eigii igitus liges idem sunt quod ligati Spelm. Gloss Many Instances might be produced of Contracts between our Ancient Kings and the People of England Two shall suffice When Suanus tyrannized over the Land he exacted a huge Tribute of St. Edmunds-Bury threatned to burn it if he had it not paid him and giving out opprobious Language against that St. Edmund at Gainsburrough where he held a General Plea died there in great Agony and Fear upon the appearance of St. Edmund coming against him The Danish Fleet chose his Son Canutus to be King. At majores Natu totius Angliae The Elders or Eldermen of all England sent Messengers with one consent to Ethelred King of England then in Normandy saying That they loved and would love none more than Him their natural Lord If he would more rightly govern or more mildly handle them than he had before Which when he heard he directed his Son Edward with Embassadors to them and he in most friendly manner saluted the Greater and the Lesser of his Nation Promising That he would be to them a mild and devoted Lord that he would consent to their Will in all Things acquiesce in their Counsels that he would pardon what soever was reproachfully and disgracefully said of him or his or done contrary to him and his s● omnes unanimiter c. if all would unanimously and without treachery agree to receive him into the Kingdom All of them did answer Courteously or freely to these things Afterwards a full Accord or Friendship is confirmed on both sides Verbis Pacto both by Words and Contract Florentius Wigerniensis p. 381. The other Instance I give out of the same Historian is omni Exceptione major it is of William the first commonly called the Conqueror William came to London with his whole Army ut ibi in Regem sublimaretur that he might be advanced to be King and was Consecrated in an honourable manner Promising first as Aldred the Archbishop of York required or exacted of him before the Altar of St. Peter by Oath before the Clergy and People That he would defend the Holy Churches of God and their Rectors and govern all the People subject to Him justly and with Regal Care and Providence Appoint or ordain and hold Right Law and forbid Rapines and unjust Judgments utterly or altogether p. 431. But that which goes beyond all particular Instances is the Coronation Oath K. But concerning the Coronation Oath I am of the Opinion of Rev. Dr. Falkner Christian Loyalty B. 2. c. 2. p. 423. Let us
been delivered by an extraordinary Providence And I will add but this under this Head That all the Gentlemen that I have discoursed with who took up Arms profess they would never have taken Arms against the King ruling by Law as he was bound to do but look'd upon him as no King i. e. no Legal King of England in the exercise of his Power and that there was no other way left for them to preserve themselves our Laws and Religion K. But this doth still stick with me that we declared or swore That it was unlawful to take up Arms upon any Pretence whatsoever therefore not upon this Pretence or for this Cause or any other real or Imaginary either this or any that can be imagined possible T. The evil Design of framing that Oath to bring the Nation tamely under Arbitrary Power and Popery I must say less upon this Head than I have to say I am extreamly deceived 1. If Popery was not design'd to be either made the topping Profession of the Nation or so far countenanced and upheld that it would be in a fair way to be restored as the Religion of the Court and Country when that Act was made 2. This could never be but by the Arbitrary Power of the King. 3. To set up and maintain that the sole Power of the Militia is put into the Hand of the King. 4. The War of the Parliament against the King is made Rebellion by Law. 5. All those things had been insufficient to serve the Design of introducing Popery which could not come in but by Arbitrary Power unless an Oath be devised and imposed to tie the Hearts and Hands of the Subject from thinking to act or acting against the Armed Force of Arbitrary Power And lastly no word was large enough to comprehend all possible Causes or Reasons of Opposition but whatsoever Do the Pope's Creatures what they they will we are tied up by upon any Pretence whatsoever to look upon our Miseries coming on and passively to lie down at the Feet of Popish Majesty i. e. cruel Tyranny and thereby become Vassals to the Triple Crown The Sense of the Declaration of Non-resistance Sir I have subscribed the Declaration of my Consent to that which was required as a formal Oath of all Officers Civil and Military thinking it was but Reason and Duty to give the King as a lawful Governor security in his Throne But the sense I had of it was to this purpose I do believe it is not lawful upon any Pretence whatsoever or from any Cause or Reason pretended for Subjects to take Arms against the King my lawful Soveraign for to such a King we are subjected and that I do abhor that traiterous Position of taking Arms by his Authority against his Person or against those that are legally commissioned by him See if you please an Enquiry into the Oath required of all the Non-Con by an Act made at Oxford by that wise and worthy Man Mr John Corbet all other Commissions that are not legal being really none of the Commissions of the King of England who is bound to govern according to Law in the legal pursuance of legal Commissions and that I will not at any time endeavour any alteration of Government either in Church or State by any unlawful ways And more than this no King that means the good of his Subjects can desire and this a peaceable Subject may conscientiously give if the King require it for his Satisfaction But now if a King act contrary to the Laws not by a particular Act or Acts only by which many private Subjects are injured or opprest but to the changing the Fundamental Government and overturning it then when the Cause is not a pretended Cause framed by Jealousy or uncharitable Suspitions of the King and his Ministers whether the Body and Majority of the Kingdom may not in an Extremity appeal to the supreme determination of God by the Sword and vindicate the Right which they have to their Religion and Liberties is a Case wherein it appears even by Dr. Falkener that the King is no King and by Consequence the People which before were Subjects to the King while he acted as King in a legal manner are no further subject and so the Oath is not violated but stands good The word Whatsoever is intended in the largest sense and is so used in the Canons of 1640. and the Writings of several Men When a King goes about to set up a new Form of Government contrary to the Rights of the People the People as a Party in Contract and Covenant and still willing to perform their part take Arms as a Party to maintain their Rights which are invaded and do not rebel as Subjects So that the People of England are considerable as a Party in a legal Contract with the King as Subjects as well as Dr. Ealkener But then I ask Whether the King of England may act and do beyond and contrary to the Laws of his Government not in some particular Instances to the particular Injury of some private Persons but against the Foundations of the Government and Interest Peace Welfare Property Liberty and Safety of the whole Protestant and greatest part of his Subjects be to be deemed the lawful King of England as he was or would be held and reputed to be if he ruled as a sworn King of England And then Whether the People of England are by the Laws subjected to an Arbitrary Jesuited King or to a Regular and Regulated King Whether the Subjects of England are bound to whatsoever a King pleaseth to do set up and command or to those things only which are commanded them by Law If the Laws be the Rule and Measure of their Obedience and those Laws no other than what were made by their own implied Consents then the Subjects of England have not in this Extraordinary Action broken the Bonds of their Subjection but acted for their own Preservation as a People that were never bound to an Arbitrary Absolute King. If the Parliament that enacted that Law that prescribes this Oath did intend to bind all those Persons enjoined to take it to an unlimited Obedience to all manner of Arbitrary Commissions and Commands whatsoever of the King then they allowed to the King scope enough to run out into all Excess of Arbitrariness and did by that betray the Kingdom to the Will of a King be he Papist or Tyrant Did they intend to bind themselves and their Posterity from taking Arms even when a King shall go about to change the Legal Religion and change the Government If they did not then in this Case the Oath bindeth not That they did not seems plain by the Oath which was for the preservation of the Government and against the alteration of it But this we cannot think to be in their Minds though there was a great number in Favour and Pension to serve the secret Designs of the Court