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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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A BRIEF ACCOUNT OF THE NULLITY OF King Iames's Title And of the OBLIGATION OF THE Present OATHS of ALLEGIANCE Drawn up for Private Satisfaction LICENS'D July 27. 1689. J. Fraser LONDON Printed for Richard Chiswell at the Rose and Crown in St. Paul's Church yard MDCLXXXIX A BRIEF ACCOUNT OF THE NULLITY OF King JAMES'S Title c. THAT King James was King de facto is denied by none That he had some ground of Claim by vertue of his Natural Inheritance is no less confessed and that he might have answered the Ends of Government if he had made good his Promises is on all hands acknowledged all which might serve to justifie that Allegiance which for the time was paid to him The great Question before us is Whether those destructive Principles and Undertakings which he afterwards openly espoused so much contrary to his Promises did not render him uncapable of the Government according to the Fundamental Laws of this Land That we may have a clear account of this Question we need only enquire First What are the Fundamental Laws of this Land with reference to the Power and Prerogative of the King and the Liberties of the People Secondly How great is the over-ruling force and obligation of them And Lastly What were the avowed Principles and Practices of the late King From which Premises it will be easie to demonstrate according to the known Constitution of the English Government That a Person of such Principles and Undertakings must be utterly unqualified and incapacitated by the very Fundamental Laws for the Management of this Government First That we may clearly discern what are the Fundamental Laws of this Land we may consider in general what are the Fundamental Laws of all Government and thence we may descend to consider more particularly what are the Fundamental Laws of this Land. As it is granted on all hands That Government is established by the Light of Nature so there need no positive Edicts or Statutes to shew what are the Fundamental Laws of it But these are discernable by the Light of Nature and upon these prime Laws of Nature all positive humane Laws are superstructed As Nature has taught that there should be some Government a Sovereign Power and a Political Head in all Societies so the same Natural Reason has taught That all the Essentials of this Sovereign Power which may be called the Regalia should therein be established and those Laws by which they are established may be called Fundamental Laws The Prime Essentials of the Sovereign Power of each Political Head as the Holy Scripture intimates Ephes 4. are the same in kind with those that appertain to the Head of a Natural Body which are To prescribe Rules for the Direction of all the Members To see that those Rules be put in Execution To examine and take cognizance of all Actions and to give sentence accordingly To dispense by certain Nerves and Joints the common nourishment for the sustenance of all the parts and to employ the Force of the whole Body for the common defence Accordingly we find it is the Office of the Sovereign Power in any Nation to prescribe in matters of Faith and speculation according to the Rule of God's Word what Doctrines should be esteemed as Orthodox and what to be condemned as Impious and Heretical Also to appoint such Ecclesiastical Officers as might have inspection over those that are to teach the same Doctrines ●n matters of Practice to prescribe such Laws as ought to be observed in order to the Common Good. To appoint Judges and other Civil Officers who might take cognizance upon all occasions of all Citizens and Members who might give sentence upon them according to Law and by whom the said sentence might be put in Execution To have the Power of the Militia and to exercise the Force of a Nation for the defence of it against Domestick or Foreign Enemies Lastly To command the Publick Revenues to raise Taxes and Tribute and to dispose the wealth of any Nation for the common support and sustenance of all the Members This is the account of Fundamental Laws in general By which all the parts of Sovereign Power are established which are somewhere to be found in every Form of Government Those may be said to be the particular Fundamental Laws of any Nation by which it appears in whose hands all the parts of the Sovereign Power are deposited and in what manner it is to be executed By which the Authority and Prerogative of the Prince and likewise the Rights and Liberties of the People are declared Thus if we proceed to consider the Fundamental Laws of the English Government we may perceive they are framed with that happy Temperament as might be apt to render our Princes most glorious and honourable and the People most happy Our Good and Wise Ancestors have so disposed the Sovereign Authority that our Kings should have no Power to do Wrong or Mischief and they should want no Power to do good The People should not be obnoxious to any unjust Arbitrary Empire and yet withal they should be sufficiently restrained from unbridled Vice and Licentiousness To this end it has been thought reasonable That the whole Legislative power should not be lodged in the Hands of the King only But the People require to be governed as becomes reasonable Creatures And herein their Liberty does chiefly consist that they can be obliged by no Laws but such as themselves approve and judge most meet for the common good This is the Prime Fundamental Law That the Law of God should be owned as supream That no Doctrines of Religion should be imposed but such as the People may perceive and by their Representatives acknowledge as being conformable to the Divine Law That the People should enjoy the safe possession of their Lives and Estates in such manner as the Law prescribes That the Wealth of the Nation should be no otherwise disposed but as themselves allow by their Representatives in Parliament And that sentence of Law should be pronounced against them not according to the sole Opinion of His Majesty's Judges but with the joint Verdict of their fellow-Subjects and Citizens These are the Prime Laws which concern the Rights and Liberties of the People In respect of the Prince it is his great Prerogative to enjoy all Power that might be useful to put these Laws in execution for the common good and happiness of himself and his People To this End he has a Negative Voice in making all Laws to be employed by the advice of his Council appointed for that and the like purposes lest at any time a licentious Faction should disable him to answer the necessary Ends of Government He appoints all Judges and other Officers who are concerned to execute the Laws in all Civil matters He appoints those Ecclesiastical Officers who are to execute those Laws which have reference to Religion He has the disposal of all Arms and the Power of the Militia for the