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A85888 A vindication of the Oath of allegiance in ansvver to a paper disperst by Mr Sam: Eaton, pretending to prove the Oath of allegiance voyd, and non-obliging. Wherein his positions against it are examined and confuted. / By the author of the Exercitation concerning usurped powers. Gee, Edward, 1613-1660.; Hollingworth, Richard, 1607-1656, attributed name. 1650 (1650) Wing G452; Thomason E593_6; ESTC R202111 38,293 50

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therefore that the uncertaine danger of that is rather to be chosen then the inevitable miseries of this Such things as may by reason of their changeable nature prove in the issue somewhat disadvantagious may yet if for the present good and probably hopefull so to continue be sworne to absolutely as in voluntary Promises Leagues and Contracts both publike and private among all Nations hath been the practise and by good Scripture-presidents it is justified * Genes 47.31 Exod. 13.19 Iosh 9.15.14.9 Iudg. 21.5.18.15.12.13 1 Sam. 14.24.19.6.20.12.17 1 King 1.13.29 2 Sam. 29.23 and the reason is because if any future prejudice do redound it can be the obligation of the Oath remaining at the worst but in outward incommodity the which is compensated by the avoiding of a greater evill which the leaving of the matter free and unsecured would more certainly breed and bring To apply all this to the case in hand If any Impeachment of the Subjects good can be supposed to result out of his swearing to his Prince absolutely whether he rule well or no it is but accidentall and such as it is it is overballanced with a greater mischief which would accrue by leaving the Subjects uningaged for the shunning of which the lesser evill to wit the being bound to a King though he should prove a bad Governour is to be chosen for that in comparison of a greater evill hath the consideration of good and is so eligible It is a lesse evill for a people to be bound to a Prince that possibly may prove bad then to be so loose as to be at the liberty to cast him off when they shall judge him to rule ill that is when they please the former doth not so neerly and probably tend to the Subjects hurt as doth the latter For first the Prince may prove just and vertuous Secondly the Subject is only bound by his Allegiance to legall obedience which obedience be the Prince never so bad can do the people no harme Thirdly in his lawlesse Acts there may be a remedy as the punishment or resistance of his bad instruments by the Parliament without whom though he may will unjust things yet he cannot execute them and yet his Government be continued Fourthly and suppose the case that there be no remedy as when he hath got a party stronger then can be resisted or subjected to punishment then to cast off his power and depose him suppose it lawfull to do will be no relief his strength will command subjection Fiftly the miscarriages of a Prince ordinarily unlesse it come to publike contestation wherein the Subjects sworne and unsworne if their cause be just and the Parliament authorize their standing up are in the same capacity of resistence extend but to the detriment of some particular persons rarely doth any Nero-like seek the destruction of the whole But on the other hand set the people free to shake off the reines of their present Government when they shall think it unequall and first you destroy the nature of Government as will afterwards be shewed 2. You expose the people to an immediate losse of the very use and injoyment of any Government the power of mobility and change being sure to invite all ill disposed persons immediately to put that power in ure and hurrie all if they may prevaile into confusion In short a bad Government is better then none it is more tolerable for a people that one or a few then that every man do that which is right in his owne eyes To be bound to Allegiance may lay the people open to the former to be loose will precipitate them into the later The former inconvenience cannot be so universally extensive speedily destructive and remedilesse or unresistible as the later 2. The later thing I premised is to give my Reasons for the contradictory to his major Proposition in that first part It must be conditionall not absolute Against which I say the Oath of Allegiance may be absolute or unconditionall in the sense before given and for this Assertion I render these Reasons 1. Were there no Oath the limited obedience which is due to Princes and Magistrates is due to them absolutely that is whether they rule well or no and that which is absolutely due may be absolutely sworne the former Proposition I ground thus 1. The Precept of obedience to Civill Governors is without any condition or reserve of a disingagement of the Subject in case of the Governours miscarriage read the fifth Commandement and those other Injunctions Rom. 13.1.2 c. Tit. 3.1 1. Pet. 2.13 c. 2. God commands his people to be subject to Heathen Princes and the most absolute and oppressive tyrants that likely ever have been Ier. 27.12 Mat. 22.21 1 Pet. 2.13 I speak not here of Tyrants in regard of Title or Right that is Usurpers but of Tyrants whose title is just but their Government unjust and oppressive 3. Servants are to be subjects to their Masters not only that are good and gentle but those that are froward that do them wrong and from whom they suffer for doing well 1 Pet. 2.18 19 20. and by analogy Subjects are tyed in the same terms to their Governours 4. David would not stretch out his hand against Saul upon this ground for that he was his Master the King of Israel and the Lords Anointed though he was then in actuall violent and unjust pursuit his life 1 Sam. 24.5 c. 26.9 c. 5. Otherwise you leave no place for passive obedience to pray for patience towards Magistrates in case of their wrong doing your innocency which yet is generally acknowledged to be a duty * Ames medulla Theol. l. 1. c. 17. p. 57. Vrsin Catech. pa. 3. qu. 104. 6. Els you dissolve all Magistracy it will be impossible in mans corrupt estate to retain or continue any in as much as no man or men can in the vast multitude and difficulty of magistraticall affairs avoid offending every day 2 Sam. 23.3 5. 7. The Doctrine of Orthodox Protestant Divines generally is that obedience is due in lawful things to the most degenerate oppressing and tyrannicall Princes * Calvin Instit l. 4. c. 20. S. 24 25. c. P. Martyr loc C. clas 4. C. 2. S. 12. 18. 19. Alsted Theol. case 17. Reg. 8. Mr. Perkins cases of Gonsc l. 3. c. 6. s 1. Bucan Instit Theol. loc 49. quaest 21. Synops puc Theol. disp 50. Thes 18.27 Scharp symphon Epoch 5. Quaest. 44. 45. 2. VVe find Oaths of Allegiance in Scripture sworn to Princes without any conditions inserted Judg. 11.9 10. 2 Kings 11.4 2 Chron. 36.13 Ezek. 17.13 Nehem. 10.29 their Oath was to observe all the Commandements of the Lord whereof the fifth Commandement with application to their present and future Magistrates was one 3. It is a thing within our power to settle our allegiance absolutely as well as it is within a mans power to dispose of himself to