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A85047 Obedience due to the present knig [sic], notwithstanding our oaths to the former written by a divine of the Church of England. Whitby, Daniel, 1638-1726.; Fullwood, Francis, d. 1693. 1689 (1689) Wing F2512; ESTC R42367 5,073 10

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are strictly charged to Submit to the Powers that are because they are Ordain'd of God. And tho' the Apostle use the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I think none can Imagine he intended by it to determine the Lawfulness of Angustus's Title who was admitted by the Senate but rather to inforce that Obedience that he presseth the Christians to yeild by this Consideration Imporatore Rom. satendum est non optimo Jure Imperium adep●os Sanderson That all Authority is from God and in its true Nature and by God's Ordinance intended for our Good. 5. The known Statute of 11 H. 7.1 is of the same import and grounded we find upon the like Reason and H. Scripture it gives us way to this plain inference that the same duty which we owe to a Lawful King is to be performed to the King in Being that is to the King in Possession and that no other King or future Parliament can in Reason Law or good Conscience upon any pretence of Usurpation in the Possessor of the Crown or any Disloyalty in the Subject charge us with guilt for Serving or defending the King in Possession The Subjects therefore might Lawfully sight for him and consequently take the Military Oath in Reason by the Law of Nature in Law by the Law of the Land in all good Conscience that is by the Law of God in the H. Scriptures 6. Hereupon my Lord Coke's words are notable This Act saith he meaning 25. Ed. 3. about Treason is to be understood of a King in possession of the Crown and Kingdome for if there be a King Regnant in Possession altho' he be Rex de facto and non de jure yet is he Seignior le Roy within the purview of this Statute and the other that hath Right and is out of possession is not within this Act. Nay saith he if Treason be commited against a King de facto and non de jure and after the King de jure come to the Crown he shall Punish the Treason done to the King de facto and a Pardon granted by a King de jure that is not also de facto is voide Inst 3. l. p. 7. Now if by the Law of the Land which I think is our only guide in such cases Treason may be committed against a King that is so only by Possession without Right and cannot be committed against him that hath Right and not Possession seing he is not within the purview of the Statute sure we cannot reasonably be thought to be intangled in such a strait as to be bound by our Allegiance to commit Treason which we cannot presume the King in Possession will Pardon and the Law tells us the King that hath Right only cannot Who therefore would question our Liberty to be true and Faithful to the King in Possession so far at least as not to resist him or to be Traitors to him or to give him assurance thereof by our Oath The renown'd Casuist Bishop Sanderson would not declare the very Engagement to be unlawful Case of Engag p. 111. taken in that lower Sense to the pretended Common-wealth without any King or House of Lords 7. Since we have mentioned that excellent Casuist whose Loyalty Judgement Fidelity and Authority is unquestionable 't is fit for us to observe what he hath frequently and without the least hesitancy delivered as his premeditated thoughts about the present case Having suppos'd a King in Possession only by Power if the Query be what is to be done by the Subject that hath Sworn Allegiance to the rightful King he answers 't is not Lawful to obey the King in such Possession but it often happens that not doing so defuisse Officio we are wanting to our duty Yea that we owe Subjection to a King in Possession upon the grounds of Justice Equity Charity and Gratitude while we enjoy our Liberties and are Protected by him Exigit hoc a nobis Optima aequi boni lex vetus illa commutationum formula 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 profecto perversissimae mentis sub illius dominationis patrocinio velle vivere cui parere nolis cajus protectione gaudeas ejus imperium detractare 8. His third Argument for the Necessity of Obedience to the present power however obtained is taken from the Charity we owe to the publick whether Church or State of which we are Members and for the good of which we are Born in quantum igitur illius Societatis cujus ipse Membrum pars est Salus tranquillitas exigit eatenus Civis unusquisque imperiis ejus qui de facto praeest obtemperare tenetur Words worthy the most serious reflection of the present Church of England Read at large his 5th Praelect But as to the Argument from Gratitude when we seriously reflect upon our late forlorn and ruinous Condition both in Church and state when we call to mind that all our Foundations were put out of Course and our Pillars even broken by the Late King 's own ill guided hands and that the Heroick Prince hath been at so great Expence and exposed himself to so many hazards in his own Country at Sea and here in England in Compassion both to our Miseries and Infirmities when our Land was weak and all the Inhabitants thereof in an utter disaiblity to rescue or save themselves and none under Heaven within the reach of humane apprehension besides that one Prince could possibly effect it that Glorious Instrument under God put his hand to support and strengthen and bear up our Pillars To Redeem and secure our Religion Laws and Liberties and when our late King either for fear of his Person or rather of the Issue of Affairs in our Re-establishment had deserted or abdicated his Kingdom and left us in confusion to shift for our selves whose return now cannot be thought of without Horour And the present King and Queen being therefore first Petitioned to take the Government have Graciously accepted it upon terms answering all mens desires or Interests I say when all this is well pondered the Ground and Argument for our quiet and chearful submission taken from Gratitude is indeed too big to be contained in a sheet or two of Paper or the mind of Man And Prodigious beyond the credit of Posterity Lastly One would think there was no place left for any farther Scruple The late Change was urged by extreme Necessity and carried on with a wonderful Providence and perfected with Vniversal Consent it was eminently the Lord's doing and our own too the Government was unhing'd by the late King himself The present King c. was put into possession by our selves in our Representatives who were as freely chosen by us as ever any Parliament was The Convention had nothing wanting but the previous formality of the Royal writs which could not be then had that Punctilio of order cannot reasonably be supposed to go into the being of the Representative Body the want of it cannot well be thought to prejudice our Election or Consent to what they have done whom we chose and entrusted with our Politick Reason and Interest and in whose Acts we ought to acquiesce as our own doings in every thing or matter of Expediency for the Publick good not evidently contrary to our duty to God. In short The Possession of the Throne by the Act of the People of England is now unquestionable we have no liberty left us either to dispute the King's Title or deny him our Duty Give unto Caesar the things that are Caesars c. FINIS