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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A34073 A letter to a bishop concerning the present settlement and the new oaths Comber, Thomas, 1645-1699.; Burnet, Gilbert, 1643-1715. 1689 (1689) Wing C5476; ESTC R26622 23,004 40

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without that for the said deed and true duty of Allegiance He or They be in no wise convict or attaint of High-Treason ne of other Offences for that Cause by Act of Parliament or otherwise by any Process of Law whereby he or any of them shall lose or forfeit Life Lands Tenements Rents Possessions Hereditaments Goods Chattels or any other thing but to be for that deed or service utterly discharg'd of any Vexation Trouble or Loss This Law doth authorise any Subject to pay his Allegiance to the King in being and does secure him against all Penalties for the same and therefore reaches our Case where there is not a bare Possession but all the Right that Conquest can give And in the famous Act of Parliament concerning Treasons the 25th of Edward III. my Lord Coke says that by the King against whom Treason is committed in that Statute is meant the King in possession of the Throne whatever his Right to it be These my Lord are his own words This Act is to be understood of a King in possession of the Crown and Kingdom for if there be a King Regnant in possession although he be Rex de facto non Rex 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 if Treason be committed against a King de facto non de Jure and after the King de Jure cometh 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 void This is sufficient to shew the sence of our Laws in this case and for its being agreeable to Reason to transfer our Allegiance in the Circumstances mentioned I have already in part proved this and I think it may be fairly deduced further from the Writings of that great and excellent Casuist Bishop Sanderson whom all will allow to be a very competent Judge of the Dictates of Reason Whoever will read his Case of the Engagement may find a great deal to this purpose but I intend only to insist on what he hath delivered in his Fifth Praelection concerning the Obligation of Conscience where he disputes for and gives several reasons for the paying obedience to the Laws and submitting to the Government even of an unlawful Usurper and he puts this very case that where any one having driven away by violence the lawful Prince and true Heir of the Kingdom or having opprest him so far as that he is unable to stand up for his own Right doth while the other is still living take the Government upon him and act as King when he is in reality rather an Usurper than a King and it is past doubt that downright Injury is done to the oppressed Prince If it be askt says he what I think a good Subject should do in this case who hath taken an Oath of Fealty to his lawful Prince or if he have not taken such an Oath yet is as much obliged to the Prince as if he had sworn it My opinion is that it is not only lawful for a good Subject to pay obedience to the Laws made by him that has the Supreme Power only de facto and not de jure and to do what other things are commanded by him so that nothing base or unjust be commanded but that it is necessary oftentimes for him to do these things and that he should be wanting to his own Duty if he did not What I would gather from this Case put by the Great Bishop is that if such obedience be lawful and very often necessary to one who is a meer Usurper by unlawful Violence the least he would have determined in our circumstances must have been that Obedience might lawfully be paid to our present King and Queen who come to the Throne either by its being left empty by the last King or by a lawful and just Conquest And what the Bishop has afterwards urged in the Case of his Violent Usurper that notwithstanding the obedience to him the Fealty due to the lawful Prince must be preserved inviolate and nothing done in prejudice of his Right can have no place here since the late King fell perfectly from all Soveraigny here by deserting his Government and the Prince of Orange had a most just cause of War against him and made as plain a conquest over him neither of which can be brought within the Bishop's Case and therefore if Subjects may to keep to the Bishops Reasons upon the Case for their own sakes for the preservation of their Lives and Estates and for the Protection they receive under those who have possession of the Government and for the Publick sake for the Trade and Commerce of the Nation upon which the Publick must subsist live quietly under and pay obedience to an usurped Power every one of these Reasons is more foreible upon us to pay our Obedience to their Present Majesties who have Right of Just Conquest Right of Lawful Succession and the Consent and Recognition of the Nation in Convention on their side And as Reason has directed in such circumstances to transfer Obedience to the Conquerour under whom we can live safe and in quietness so does the Scripture it self the Best Rule we can desire in our Case As the Scripture commands under the greatest Penalties Subjection to the Supreme Power so it does not pur men upon the rack about the Right of Governours or upon examining who has or who has not the true Right to a Crown but directs obedience to the Powers in being to those who are in possession of the Supreme Power how small soever their claim to it may be This I can make evident my Lord from the Instances of some in the Old Testament and of those to whom our Lord Iesus himself and his Apostles did so strictly command Obedience in the New. Upon the Death of Iosiah King of Iudah the People of Iudah took Iehoahaz who was the fourth and youngest Son of Iosiah and anointed him which was done by the Chief Priest and made him King in his Father's stead setting aside the Right of his Three Elder Brothers 2 Kings 23. 30. Now that Iehoahaz was Shallum no one will doubt that will compare this place out of the 2d Book of Kings with Ieremiah 22. Ver. 11. and that Shallum was the youngest Son of four he can no more doubt that will consult 1 Chron. 3. 15. In this Instance we do not find the Scripture condemn the peoples paying Allegiance to this Prince thus set up but on the contrary God calls upon them by the Prophet Ieremiah Ierem. 22. 10 11 12. to weep sore for him that goeth away who was to return no more nor see his native Countrey that is to lament for their King Shallum or Iehoahaz who was carried by Pharaoh Nechoh into Egypt and was