The Case of the Allegiance due to Sovereign Powers.,* By William Sherlock ■j 1 THE CASE ALLEGIANCE Stated and Resolved, According to SCRIPTURE and REASON, AND THE Principles of the Church of England. A more particular Refpe(!^to the OATH, lately en- joyned, of Allegiance to their prefent MAJESTIES, K, WILLIAM ^^d Q.MAIIY- By /^/ L L^ljiCH fHFRL~^^^^ Malter of the Temple. The Second Edition, E VI ^ B \3 /BLG H^ Re. printed for 'Mrew Ihalt^ers ai^d ^ohn Valldnzs . and are ta b e Sold a: their S hops, ^nno Dom, 1691'/ THE PREFACE TO 3 IS NkJ not dcqudtnt the World nhh the Ocudon ef (Mtjl-.tng (*» Vook ; vhkhtndeed is txioriedjrom me by iherude CUmonrs md u«chri[iian Cenfutts oj jcme, ond iheearmf Jn-portunmes M> taking the Oathof MUgianctto King William ani Quetn Mary, «/.er/o long a Ktfujal has rccafiontd a great dealoftalk, and a great many uncharitable gu.tijes about it j Fcaion andblindZealni'wayes wanting eiihtr the Wit, orthe T^^^^f i^xsi^ -^^UiiLJ good U ill, togitefs J^ig^^- l jr r- J One wouia have ihoHgf^t it the mo(l probable ConjeBi re, That a Man, who hadjor^ttta fill his preferment by refufingtheOaih, and had for ever lo (I them, had not the Govern- ment been more mild and gentle in delaying the Execution oj the Law, aBedvery honeji^y tindfincerelyinit; andtffo, Jhatthere^ alfo good Keafcmo believe, that tf ihe Jame Verfen afterwards takes the Oath, he aHshonefily intha^oo : For what Reajon ts there to fufpea, that he, who would not [wear againH the prtfent perfwafion ofht^ Conjcience to leep his Vreferments, {^^ould fwear agamfi his Confcjence to get them again\ I do not knctv that I have given any jt'pOccaficn to the World iomark me cidfora Dijhonep Man, era Tool', Jmaybemifiaken, and fo may any Tody eife, though never fo wife and hcmjf: But this I am fure of, that 1 never aRed with morefincerity in any affair of my whcle UfCi thi*t ihave done m this Matter, fromtke beginning to the end -, and whether I have jufft' sietftReafottforwhat 1 do, Irejer tothetrialof thiiDifcourfe. The truth is, though I refufed to take the Oaths, I never engaged in any FaBiBn againjt h: InevermadeitmyBufinefstodiffwadeMenJromit: "^ hen my Opinion was asked, J declared my own Thoughts, but J never fought tut Men to wake Trofelytes. \(lhile T thoughtit an ill thing, 1 wasfecretly concerned, that feme of my old intimate Triends had taken the Oaths-, but yet as Opportunity ferved, J converfed with thofe of them, ychofe 2ealhadnot made their Conver(ationuneafie, with the fame Friend/hip and freedom, that 1 ufed to do: 1 believed them to be honefl Men, and that they a Bed honeflly, according to the perfwafion of their own Minds and vijhed that I could have done as they did. J complied with the Govtrnment, as far as J thought J could withajaje Confcience ;■ I nlw^y^i livid iuiah ttndptAiuhly^ and was ready tQ bavegivtn Stmity to dofo, J fray. ^sG438 The PREFACE. *tifof King William And QMeeftMafy hy Name, according to the .^poflles direBion, tnpnj for all that are in Authority, Tphichtheyviftbly were ; though I h:ew at the fame time, this highly fended fome, who refufed the Oaths, and made me fland, in a manner, ftngly by my felf. lalwayeioppofed a Separation, andadvifednotafeiP, who thought fit tc con fult with me, to keep to the Communion of the Church 5 and not to tmertain [Prejudices again(l their Minifler for taking the Oath: FofirvM len(ible of the Evil and Mifchief of Schifm which fome hot Men were thenfortvard to promote , and are fo (idl 5 witnejsalate Mmphlet in ^nfwer to The Reafoning part of the On.caf inaolcnefs of the New Separation, which juflifies a Schifm now, uponfuth ?rinciples, a6 wottid have made all the Jews Schifmaticks, Tvhen the High ?rie(}hood became Annual {though our Saviour bimfelf then Communi' catedwith the Jewifh Church ) and makes the whole Gxctk Church Schifmaticks, as often at the Grand Segnior changes their patriarch, for I did not refufe the Oaths out of any fondftefs Jor the Government of King]im€S, tfor^ealJorkM Return i which, the prejent profp^d of affairs gives no Man, Who loves the Church of England, and the Liberties of hps Country, any reafon to wijh: Noryet out of any ^verfton to the Government of King William and Qneen Mary. But againfi my cwn inclinations and Interefl out of pure Vrinciples of Conjcience, to comply -with the obligations of my former Oathsy and that Duty which SubjeBs owe their Prince, which I ihen apprehended irreconcilectble with the new Oath, rhpswasa dtfpofition of Mind prepared to receive fatisfaBion, when ever it was offered ^ dnd to comply chearfully with theprefent Government, when etrer J could do it withafafe Conjcience. J prayed heartily to God, thatiflwerein amifiake, he would let me fee it i that 1 might not forfeit the Exertife of my Miniflry, for a meer mifiake : and I thank Go^, J havereceivedthat fatisfaBionwhich I defired ', and if any Man € an /hew me, that the Vrinciples laBonartfalfe, uncertain, or precarious, and fuch as cannot reafonaHy fatif* fennhonefi and unbyaffed Mind, Iwillconfefs, that my deftre offatufaBionhas fectetly and infenfiblydi(ioried my Judgement, though I took allpoftble care that it/kouldnot, I find, the general Cry and ExpeBation is, that ijhould give my reafons ; though why j/hould be more obliged to give my Keafons for Swearing, than I was for not Swearing, JT cannot tell. Some feem very fond of this, upona prefumptionthat I can fay nothing, hut what they can eafily ^nfwer ; andthatwillferveto expofeMe, and the Caufe together: I have for snce gratified thofe Men, that they may have the Bpportunity to fhe^v their skill. Others, whi are very well f^tisfied them felves, have yet a Curio fity to know what fatis- fed me, who have beenfo long dijfatisfied. But this was nojufl Occafion to write Keafons; for if Keafons were never fo plentiful with me» lean hardly think it worth the while t$ write a Book to gratifie a meer Curioftty, There are others, who are (iill diffatisfled about the Oaths, and are deftrous to try "Whether they can find that fat is faBion, which i have done. This, I confefs, ts agood Reafon, which may i>i Charity obligeme-, and how haytrdoui an attempt foeveritbe-y my dutytoGod. and to his Church, and to the Government, as well as Charity to my brethren, feemto require it, when it isdefired, and exaBed from me: and Ihope^ futh Hen will confidertoo, what is their Vuty, as they will anfwer it to God, and to their own Con/ciences, to read whatl have written for their fakes, carefully, and with an honefl Mttdi and to judge impartially ; and whatever the EffeB be, to take it kindly. But there is another Motive has prevailed withme, more than all the refi : We live in M •^It ofgrw profhannejs and infddity, which ti mdy tg takt all Qccafion to reproach Re- ligi9n The PREFACE. tjgioH , and expofe it, <« a Cheat and JmpoPiere, and to negUB nd OppoYtuntty ft hUcken the Cleygy, as menof no Faith nor HeLgton them/elves, though they ntetkea great rtoifc about .t to ferve their own Interefi; ^nd the general contpUavce of the Clergy in taking this Ketv Oath, hath been improved by mnt ojthi .spirit to very till pu)po)e : ^^nd not only fo, butjowe very Devout Chriflians have been greatly jenndcti.-ied arid ojjefided 4tit: ^nd others, who Jhould have undcrflood better, and checked t^^ ill Temper, u^hicb fs ojfuch dangeroM Confequence to Keligion in general have given too much countenance t9 it. and have feemed too mach plea fed, to fee and hear all the Clergy that have takenthis Oath, expofedtocontitnpt j diif, n hen the great Body of the Cierpy is ri icuUd -xnd txpojed, the Credit of Religion could bejupyorted only by fome ferv men, who refufi the Oath, Many of thent indeed, to my knowledge, are very ^reat and excellent Per] "tjs, 'whom 1 do from my heart Honour and Kevcretice, and whom ih^pe, and heartily pray, God will refiore again to the Miniflryof hi^ Church: Vtt Xjhould beveyyforry (and jo I amfure., wouldthey) that the Chnrch and Religion Jkonld be reduced jo lony, as to bs con- fined to their natrbiTS-. and h^ve no firmer bottom to reft on than their iiepiiuaiion, which though it be defervedly ^reat, cannot bear the -whUe weight of the Chur- h and ileligion. Jt is time to ^ive cheek to fuch U';chri(ha}i.Ce):fnres, if we have any regard tn our Corn- won Chriflianity: ^ndfince fome little "Writers among them ( who are too head- ftrcngta he governed by wifer men ) engrojs the Church and KeUgicn to thentj'elves ; and reprejent nil who have taken the Oaths, efpecially the Clergy , as ^^pflcates* at leafl from the Church c|/£ng!and'. ijnot from the Chriifi an Faith; it is necefary to convince all jober Chriflians, that men wayjnear Mlegiance to King Wiljiam and' Kliaths before, and that they ought to tjike them now. Theft are very hard Tash Mapers , and no doubt, have very kind Vefgns in it, to drAW me in to provoke the Government by a needlefs juflification of my fflfto v hai i?pzft ; v hich €Att ferve no other end, but a little Vain glory, that i would not be thought capable of a sUf- take; andleflthet^^on'fwedrers/hould not be Match enough for we-. Imuft Vroclaim War, and bid open Defiance to all that have taken this Oath; and prove, that they ought not /• have fwern before J did , but were obliged to do it the very next minute. But what now, if nothing of all this be neceffary \ W kit ./i was not fo wellfitisfiidah' ^ut this matter before, asiamnowt Is any man forbidden to grorv wifer, and upon a care- ful and thorough examination of ihirgs, to alter hts mind, when he fees go'-d reajouforit > I am not ajhamed to own, that 1 am (fill a Learner; anihope. ifhullbefo as long as. I live, and improve my Knowledge every day by Study and converfation So that without producing the F eafons of my dtffatisfad "n before, or being obliged to an- fwer them,havingnevermade them ?ublick,i thirk it v^ry fair to give a fa^ispHoryVeafon now, for my taking of this oath; hoping, thatwh i huh fatisfiedtve, may have ihc fame tffeB upon f on e others, that will have the pittien^e impartially 10 corfiderit' I had indeed fome of theft Thoughts long fince, which I drew up in Writir'g, und/J^ewed. $9 feme oj my friendsi and dtfcQHYf'ed mth others about thm, and ioidw here i fitick t but B fii.k The PREFACE, fficik r did, atfd could find no hilp for it 5 and there 1 had puck to thit day, had 1 Mt leen ft" lieved by Bijhop Overal's Convocation Bouk,Ti /?/c/j not only confirmed my former ^Siotions* and jugg^^ed fame new thoughts to me, which removed thofe Difficulties^ which^ 1 cotddno* hej')ye ^onquer-^ but alfo by the VeneruhU kuthority of a Convocation, gave me grexter free- dom -tnd liberty of thinking, which theapprehenfions i:-f Novelty and Singularity hstd cramps td before Thus Reader, I have made The my Confeffor, and declared my whole Ueart to The, as to^ this Matter', and now judge of me, .ers are not 0/ God, nor the Ordinance ofGod ; as 1 proved by the Example 0^ Joafh The Reafon and i he Example you will find fujficienily anfwered in the following Vifcourfe , and the Dodrine it jVifrejeBed by the Convocation.though it has been of late years Jo prevaiU ing dmifiake, and impofed by fuch great ^uthorities,that it is very pardonable, ejpecially tvhen it is fo freely acknowledged: Though the truth is, I think (hll it is very true, at to the Cafe I then had in mine Eye, viz. TheVfurpaiionso/ the Rump l^arliament, &c. bnttht ^ault is, that i: fs too generally exprefied. In managing this Argument upon the Principles 1 have laid down, it ps nece^ary to reafon upon the Suppofitiono fun jufli^furpationSi and illegal Revolutions of State \ and it may he \ may meet with fomefuch Readers, as may charge me jor [0 doing with rejieBing upon theprefmt Government, which I am very fure I am far jrom intending to do. -^nd they wha underfland what belongs to DifputesoJ this Nature, know very well that the/horte^ way io bring the matter to an Ififue, is to put the Caje attheworflthat canbe fuppofed^becaufe this gives fo much the greater force and advantage to the argument, when it is futedtg thofe, who are mofifirongly prejudiced againff the Legality of the late Revolution: For fiippojing, but not granting, them to be in the right in this matter, 1 doubt not to make it appear, that it is for all that their Duty to fwear allegiance to the prefent Government, tvhen required jo to do: ^nd this being clearly, proved, it becomes ttltogether niedlefst§ debate the Legality pfthilmP-ivolHtiQn, THE THE CONTENTS. SrS. T. The Car<* plainly an-^breiflyftated. That the Queftlon, Whether Allegiance ._ be due to a Frincr, who is fcitlcd in the Throne, does not neceTarily involve the Difpure about a I eaal Kighr. page r. Se^..z. ThrD. dnne of the Church of E»g/d«^^> ie5. 4 Some Reafons and Arguments urged, and Objedions Anl-Arcred, for the far. ther confirmation oT this Doctrine. J2 1. That the Scripture has given us no direftion in this Cafe, but to fubmil and pay all the Obedience of Subjcds to the prefent Powers. Ibul, Whether Rom. n. i, 2. concern Legal Powers. Ibid. 2. Thisgivesthecafitftand moft intelligible Account of the Original of Hutnane Government ; That all P ower is from God. i 5 Thefeveral Hypothefes about the Original of Government confidered , and Pnewa inefFeftual to found a Right, without refolving all into the Authority of God. ibid, ObjfH\ This makes a King lo(e his Right, by being notoriouHy injured, Anfwer: '7 Concerning the Oa'hs of AI]<-giancc. 18; &c. f)bjt3y This Do<^trinc makes iiimpodlblc for an injured Prince to recover his Right* Anfwerfd. 21 Ohjfti. This encourages .ambitious Spirits to grafp at Crowns, ^^nfwered 22, OhjeB, That Pyrats and Robbers have as good a Titleto our Purfe asUfurpcrsto the Crown, .^nfwered. Ibid. [ ekjjd. The Cafe of JeJ[;o/a/o« might lawfully, for any Caufc, *' have taken Arms againft any of thole Kings, or have offered any violence to iheic *' Pcrfons, he dorh greatly err Men may difpute any thing, but 1 know not how it was pofTIblc for the Convo- cation to exprefs their fenfe plainer, that all ufurped Powers, when throughly fettled, bave God's >^uthority, and muft be obeyed : So that here arc the Two great points determined* whereon this wliole controverfie turns. 1. That thofe Princes, who have no legal right to their Thrones, mayyctbavc God's Auchority, 2. That when they arc throughly fettled in their Thrones, they are inycftcd with God's Authority, and muft be reverenced and obeyed by all, who live within thelt Territories and Dominions, aswcll Priefts, as People: if thcfe propofitions be true, it isaplain/fcfolurionof theCafej that ifitfhould at any time happen, that the rightful Prince fhauld be driven out of his Kingdom, and another Prince placed in his Throne, and fettled in the full Adminiftration of Government, 5ubjcdts not only may, but muft for Confciencefake, and out of reverence to the Authority of God, with which (uch a Fr incc is invcfted, pay all the Duty and Allegiance of 5uhjetlstohim, w^sfor the firft, the Cafe is plain, that the Convocation fpcakes of illegal and ufurped powers, and yet affirms that the Authority exercifed by them, is Gods Authority and therefore thofe Princes, who have no legal right, may have God's Authority : the wordsof the Canon are very plain and exprefs, and yet if any man defires farther fatisfadion, that this was thejudgement of the Convocation, that Princes, who bave no Legal Right,mayhave Gods Authority,it is very eafie to give it. They teach. That/^eLoy^i fin advancing Kings to their Thrones; isnotkouni Page, 40' fQ fijQjc laws, rvhkh he prefer ibeth others to sbferve, and therefore commanded Jehu a Subjed to be anointed Kin^ oj Ifrael . q/ purpofe to pitni/h the (ins of Ahab and Jezebel: and what he did by prophets in l/"we/, by an exprefs Nomination of the Perfon, he does by his Providence in other Kingdoms, fetup Kings when he fees fit, without any regard to the Right of SuccefTion, or Legal Titles For as they ^i*)S3» telluselfewherc. The Lord both may, and is tble to overthrow any Kings or Empe» rou^s, nottfiihflanditjg any Claim, Right, Title or Intenp, which they can challenge to their Countries, Kingdoms, or Empires, The Moabites and Aramites never could have a Legal Right to the Government o^lfrael, and yet the Convocation afterts. That when Ifrael was in fubjcftion to ^^i'>St' them, they knew, that itw as not Lawful for them ojthemjdves, and by their own Authority to take ^rms againft the Kings, whojefuhjeHs they were, though indeed they were Tyrants. And that it had not been lawful for Ehad, to have kiiled King Eglon, had bf not btw frfi mait ^J Q9d the ](tdge, 2tmu uni Knlcr of the Vfopls> The duetoSovereignTowers.&cj f The like, we fee, they teach of the Kings of Bgyp and Babybn, who never had a Legal and Natural KighcfoGovcm l/r.e/i and the l.kc they affirmot the Four ^onar^ chies which were ail violent Ufurpanunsi and the Pnncp.cthcy ground this on plain- Uex^eXoaTlKn^a^ IhatG d. and his .on Icfus Chnft, rvhoCh.^,, irul";ilL;i.«aK./e.o.:r .// ..e.'oria d,.. -7--- up Kings, as^^^-- will bcftfervethe Endsof his wile Providence, ih.v^m.d, (fatthhe) theEanh, the Man andtheBeaflsth^tare upon the ground, andh^vegtvenuto rvhomn pleajethme. ' ^ndag4in.theVfoph,tD^mdteUethusrhatGodch.nge^^^ hehathPoiper and b^arethlluU over the Kingdoms oj Men: th^^ hetakah away Ktngs. ^^^' ^ '^^ and fttteth up Kings, and that ittv^s theGedof Heaven, rfhogaveu.to Ncbuchadncz- ^^„^. ^^^ z,rfo great a Kingdom. Pe«^er, Strength, andGtory. a. then he had to Rule mth Ma. jefiyandHouoptr a very great empire: in refpeB whereof, although Kings and ^rtnces might have been fati^ fed with the, Tttles oj UentenantsorVtcegerentsonEarth, to the Sonoi Godi yet he did communicate and impart io muchojh^s Vower, ^Mnoruy, and Viznity unto them, as he wai content 10 (Hie them with his own ^me ^1 have [aid ye are Gods/andthe Children oJ the modHigh And therefore we may obferve, there .sno DmvSubje£ls, as fuch, owe to the moft Legal and Rightful kings, but the Co»^;of^«. on aiicrts due to all Kings, whom God hath placed in the Throne, by what vidble means (oever they obtained it: astoobeyand fubinittothcm, not to refift them, nor rebel a. gainftthcm, to pay all Cufloms and Taxes, to pray for them, nay, to fwear Allegiance to them, if it be required. , , , , 1. 1 t> • l l Thusthcy teach with refpea to Alexander (and I think any Prince who gets the Throne; may pretend as much Right to it, asbe) ifanyMan therefore Jha I affirm et- ^^^ ther that the Jen.., gentrally both Vrie(is and People were not the SubjeBs of Alexander. ^,^, ,^^ ajterhis^uthoritywa. fettled amongH them, ^ '.hey had been before the Suhje^s of thi ^ Kings of Babylon 4«t/ Pe» da i or that they might lanfuUy have bom ^1 ms againfl htm j ; iir thai they were not all bound to pray jer theUngtife and Vrofpenty.bothoj Aiexandei- andhisEmpire, astheyhadbeenbefore to pray for the Life and Proiperttyofthe other fatd Kings, and thetr Kingdoms, while they lived under their Suhje^ion'. orconfeque„tlyjhat they might ta-wfully, upon any occafion whatfomever, have offered Vt9ien:eandDe{irimm, they condemn 'chofe, who fay, r^^ 30. That liM\x^ thi High.Vrkfi did stmifshhiniinghis allegiance to KingDMiius by Oath*, ^S'^S' e; that he had not finned, if he had' nhjed {being thereunto required) to have jxvorn. And yer in the very next r^nb»,'^hich 1 have already quoted, ihcy reach, That both Priefls and People (and therefore ]addtPsh\mCt\ii became as much the Sui>jc<5lsof ^/f%- ander, as they ha.ibctnoi^t>dYiks ^ dnd then according to this DcftiMicy if ^iexundtf had required anOatnbf J^lU'gtance{\oni](iddti4, (^sk h probable he did) J.W<^/^ had iinned, if he had refufed thi3t Oath, though according to all th- Circumftaiic^ oi the 5rory, V>arimwzsthtnWmq.y to whom. krfi/^ had before fwom Allegiance. %e6^. Biuit willbeobjedlcdagainftthis. that the Convocamn takfs notice of that Anfwcr ^addit4 gave to Alexander, when he fent to him from Tyre , after the Overthrow of Da- rirify That hejhoiildasfifl him in his Wars, and become Trthntary to the MsiQcdonlanSf at he had been to the Perfians : He returned for his ^nftver. That he might not yield to this, hecaufe he had taken an Oath fii^ his true i^llegiance to Darius, .mhichhe might not UrvjuU ty violate, ti'hile Da^m lived; being by flighfefcaped, when his ^rmy^va.sdtfcomfited, , ^ . But wemayebfcrve, that'the Co»z;octffiotf in their C and therefore there was no need of defining,. v/hat ir is to be throughly fetled : When the whole adminiibation of Government, ^nd. the whole power of 'the Nation isin the handsof thePrince; when every thing is done in his Name, an ^ by his Authority j whentheEftatesof the Realm, arid the great Bo-, dy of the Nation has fubmitted to hihi, and thofe who will not fubmir, can be crufhcd< by him, when ever he plcafes; if this be not a fetled Government, I defpairof ever knowing what it is 5 for there is no Government In the World fo fetled, but that by feme unfeen Accident, or by greater Force and Power, it may be unfctlcd ; and in this lenfeitisimpofliblcevertokncw, when a Government is fetled; for no Government: IS, or can be thusfctledagalnit ail events r but then the Government is vifibly (ctlcd„ when the fam^ has ihfi M aod pcrf^Adminiftwion ot all Affairs relating to kn Kingr. dm to Sovereign Towers, 8cc, Buriftheoeneral{ubmi(Tion of the People fertle a Governire nt, lam Aire, that is cafilycnougMinovMi, when a Nation has fubmirred to aPiincc; but this will not be al- lowed us, tlvit rhc fubmilfion of the /'eople fetfles the Gcvernmcnt, unlefs the Prince, who has the Right ro Govern, fubmitalfo ; burl would gladly hear a good Pvcafonfet this: ThefubmiiTionot the Prince indeed may be thought neceflary to transfer a Legal Right; bur the rubmilTI^n of the People, ot itfelf, is fufficicnc to fettle a Governmenr, and when it ii(. tied, then it isthe Aurhoritv of God, whatever the Humane Right be. This I take to be the true fenfe of thjs Convocation conceining Obedience to 5overeii^n Powers; ail Sovereign Powers, whofe ^owcr andGovcrnmcm b throKghly fetkd,mii(t be obeyed, whatever their Lesal Right be ; for they have the Autfiority 'of God, to which our Obedience and Subjef^ion is due, and that fupcrcedes all farther enquirie?,- This is a good Argument from Authority, and asgood Authority as can be urged to the Members of the Chuich of England -, for if a Co«T;flc^ut ority isfromGod, unlefs thofe, who exercife thisAu- riionry, receive it from God : anditisplain, that St. Pattl, Kom, 15, 7, by theH/;£;/;er Vowers, 2nd all potper, means thofe, who cxercile this Supreme Power, thatall (uch SoYCfcignPsinwjar^ittup by God, and rccciy* their v^vubgrityfroo) bim 5 they are the- 8 The Cafe of the Mejfiance ^uUr!, V, 5. theMiniflersofGoi, who bear the Sword, w.^. indlnStVeter, theKing as Supreme, i,?ety 2, i?. Vrop, 3. There arc but three wayes whercbv God gives this Power and ^inhoriry to any Pcrlons: Either by Nature, or by an txprefs Nomination, or by the difpofais o Providence. f By Nature: Parents have a Natural Supfnoriry over their Children, a ad arc thclc Lords and Govsrnours too ; This wasthe fiift Government in the World, and is the only Natural Authority ; for in propriety of fpeaking, there is no Natural Prince but a Father, But by what boundsthis paternal and Patnarchical Authority was limited, we cannottellj how the extent of their power was ftinted, and where new Families, and new Governments began; and it is in vain for us to enquire after it now. By a particular Nomination . God made Kings only in ]evt>ry, and entailed the King- dom ofjudah upon David's Poftedty : and after the Divifion of the ^' en Tribes from the Kingdom ot Jndaht by cxpref* Nomination Cct}erchoam and Jehu over the Kingdom of Ifrael. But God ruled inall the otker Kingdoms of the florid, as well as in ]ewrj, and all other Kings ruled by Gods Authority, as well as the Kings of J« wbicb bind fubje^s^ butarenoubenccciTary Mksjind Mcafures I of la Hhe Cafe of the Allegiance of theDivin: ?i'ovidence. In Hcrediiary Kingdoms, He is arightfui King, who -feas by Siicw^onaTegal Rightto the Crown j and be who has poleffion of the Crown, without a legal Right, is a King^fe/a^oj that is, is a King, but not by Law : Now Subjects arc fotieil up by the Conftitutions of the Kingdom, that they muft not pull down nor fct up K;ngs contrary to the Laws of the Land j but God is not bound by Hu- tu sne Laws, but can make whom he pleafes King, without reg.^rd to legjl Rjghts, aad when hedoesfo, iheyaretruc, though not legal Kings, itthofe arc true Kingswha haveGods Authority. Pro/?, 6 We can have but one King at a time: Two rival and oppofice Princes carjr not at the fame timepjlTefstiic fame Throne, nor can Subjcftsbc bounito twooppo- iite and contrary Allegiances j torrfimancanfervetrpoMafiers; and yet Allegiance is due to a King by the Laws ofGud, and to every King whofc Subjcifls we are, that if* wecouid have two Kin;^s, we muft have two Allegiances. 2rop. 7. He is our King who is fettled in the Throne in the a£^ual adminiflrationof Sovereign Power: For /i:/w^ is the Name of Powerand Authority, not oFmeer Right. He, who has a legal Right to the Crown, but has it not, ought by the Laws of the Lani^ to be King, but is nut : but he, who is adually Certlcdin the Adminiftration of the Regal Power, is King, and has God's Authority, though he have not a legal Right. But the Objcdion againft this is, That it is Hobbifm, that Dominion is naturally an- nexed to Power j butth'. lewbofay this, do not underf^and Mr, Hebhst or me: For Hemakes Power, and nothing elfe, to give Right to Dominion j and therefore alTerts, ThatGodhimfelfis the Narural Lord and Governour of the World, not becaufc he made it, but becaufe he is Omnipotent; but 1 fay. That Government is Founded in Kight, and that God is the Natural Lord of the World, becaufc he made it j and that no Creaturehas any Right t)G:»vern the World, or any part of it, but as he receives Au- tljority from God : And therefore fincc Power will Govern, God Co orders it by his Pro- vidence, as never to intruft Sovereign Power in any Mans hands, to whom he does not give the Sovereign Authority : That power does not give Right and Authority to Go- vern, but is a certain fign to us, that where God hath placed and fcttleel the Power, he has given the Aa^hurlty. Vrop, 8 Allfgianceis dueonlytotheKIng.' For Allegiance fignifies all that Duty, which Sub) ds owe to their King, and therefore can be due to none but the King, It then he who has the Legal Right may not be our King, and he who has not> may ^ when an vfuch Cafe happens, we muft pay our Allegiance to Ijim who isKing, though without a Legal Right j not to him who is not our King, though it his the Right to be fot And the reafon is very plain, becaule Allegiance is due only to God's Authority, not to a bare Legal Title without God*s Authority j and therefore muft be payed to him who is invefled with God*s Authority, who ishis Minifler and Lieutenant j that is, to the Adual King, who is fettled in thcThrone, and has the Adminiftration of Government . in his hands 0bj5^ But if this be To, what does a Legal Right Hgnifie, if it do not command the ' Allegiance of Subjeds? ^w/jf, lanfwer: Itbarrsall other Human Claims: Noother Ptince can. challenge the Throne of Right: and Subjedsare bound to maintain the Rights offuch a Prince, asfar as they can j that is, againft all Mankind, but not againft God's difpofal ot Crowns: and therefore whenGod transfers the Kingdom, he transfers our Allegiance, which is due, and anncxcdto his Authority, whether this Awbomj be fQnvcj'cdby a Legal SuccefiiioB, orfcy aoyoihcrn«as3s. due to SoveretgnVowers, &c it 0i;>5. But If wehavefworn Allegiance tofuchaPrince, and his Htirs, andlawful SuccefTors, how can we pay Al'eoianccto any otherPrince, while He, or any of his Heirs, and Legal Succcifors 'arc living, and claim our Allegiance, without violatingour Oaths? ^nfiv. lanfwer: An Oath of Allegiance made to any King, can oblige no longer than he contirucs to he a King i briMrdii^, it would oblige us againfl: our Duty, and fo become an unlawful Oarh : for our Allegiance is due to him who is King, in the aftual and fctlcd pc fleflion of the Throne, and therefore muft by the Law of Gjdbepaid there; and chf^n it cannot be paid to the difpofreflcd Prince , unlefs we can have two Allrgianccs: Our Oath then to the difpcflcded Trince ccafcs , Ctffante materia ^ for though the Man is in Being ftill, the Kingi' gone. Bur we fwear to mainrain and defend his Right, and the Right of his Heirs: butyet we do not fwear to keep them in the Throne, which may be impofliblc for usto doa- gainft a profperous Rebellion j nor do wc fwear in Cafe they arc thrown out of the Throne, never to fubmit or pay Allegiance to any other Prince \ which would be an un- iaw'ul Oarh, as contrary to that Duty we owe to the Divine Providence in making Kings, and removing Kings. The Oath of Allegiance contains the Duty of Sub/ccls to their King, and can txrend no farther, and therefore can oblige no longer than he i& OurKifig, fn^wehis Subjects. Thefe feemtome, to be very plain Trepoftiens t and to carry their own Fvidence with them; and if this be true, it is a very plain Direftion to Subfeds in all the Revo- lutions of Government. Themofl thatcan beexpeftcd from them , according to the ftrl£Veft principles of Loyalty and Obedience, is to have no hand in fuch Revolutions, or to oppufe thtm as- fa.- as they can, and not to be hafly and foreward intheir Compliances ^j but when fuch a Bevolutir n ismade, and thev cannot help it j they muft reverence and obey their New Prince, asinvi'f^cd with God*s Authority. Nor is it very hard to know, when our Obedience becomes due to a New Prir^ce ; for If doesnotcopfift in a Mathematical point, ncf require Mathematical certainty: Our Obedience is due to God's Authority, and when we can reafonably conc'ude, that God hasmadehin-King i that is, when the Providence of God has fctlcd him in the Throne* we muft pay our Obedience to him* There a. e different degrees of Settlement, and muft neccflari'y be in fuch new Go- vernmenrs, whichfeemtome to require different degrees of Submifflon, or at leaft to juftifie f hem, till it increafes to fuch a full andplcnarv and fettled pcflcfTion,as requires oue Allegiance, as being notorioufi) evident and fcnfible to all that do not wink haid, and will not fee ir. If the generality of the Nation fubmit to fuch a Prince, and place him on the Throne, and put the whole power of the Kingdom into his hands, though it may be, we cah- oot yet rhjnk the Providence of God has fettled him in the Throne, while thediPpofTcfled Prince has alfo fuch a formidable power, as makes the Event very dcubtful, yet if we think fitoconrinuein the Kingdom, under the government and power of the nev Prince, tht-rc are feveral Duties, which in reafbn we ought to pay him. As to hvc quietly and peaceably under his government, andto promife, orfwear, or give any other fccuriry that we will do fo, if it be demanded : Itisreafonable we fbcuM dofo, if wethinkitrcafonableto live under this protedion of the government j this^ all men do in an Enemies quarters, and no manbbmcs them for it, -t. Veixjuftp^y Taxes to tbcHi, foithcteor^dnttoibiAdmini^ratiottof government. ,2, The Cafe of tyillegtance ds St. fAvX obfcrvcs ; F^r thU catife pay ye Tribute alfo, fat they dre the MmijierfofGed, attending eontinually on thii very thing, Rom. i ?. 6. And \{ we owe our fccurc poffeP- (Ion of our Eftatcs to thcprotedion of a govcrnmenr, let the govcrnaaem be what it will, we ought to pay for it. We muft give the Title of Kitig to fuch a Prince, when we live in the Country where he is owned for King; forbefidestharitisapiece of good manners (which is the leaft thing we can owe to him, under whofe government we live) he is indeed King, while be adiuiniftersthe Regal power, though we may not think him fo well fettled in his go- vernment, as to all intents and purpofcs to own him for our King. Nav, wcmuft pray for him under the Name and Title of King, for we are bound to pray for all who are in Authority j and that a Prince is, who has the whole government inhishands, and has power to do a great deal of hurt, or a great deal of good j and this isfo far from beings fault, that it is a duty, while wc take care to do it in fuch terms, as not to pray againft the difpofTcflt^d Prince. Thusfarl think rbcdoubtfulpolTcdion of the Throne obliges us, and it were very hap- py if no more were required in the beginnings of fuch a new government ; but when be- fides the poffelTion of the Throne, thcpower of the difpofTcfred Prince is broken, and no Tiiibleprofpedofhisrecoveringhis Throne again j nay if itbc vifiblethat he can never recover his Throne again, bur by making a new Conq ucft of the Nation by Foreigners, who will be our Mafteis, if they Conquer, and no very gentle ones neither j wc may tben look upon the new Prinec as advanced and fettled by God in his Throne, and there- fore fuch a K'ng, as we owe an entire Obedience and Allegiance to. For we muft not take the confideration of Right into the fettlement of Govcrnimcnt jfor i a Prince may be fettled in his Throne without legal Right, and when he is fo, God has \ made him our King, and requires our Obedience. Thefe principles are fo very ufeful, efpecially in all Revolutions of government, that Subjefts have great reafon to wifh them true, and toexaminc over again thefe ftriA j principles of Loyalty, which if purfned to their juft confequences, muft unavoidably in | fome Jandurcs, facrifice whole Kingdoms, at leaft all Subjefts who pretend to this degree and kind of Loyalty and Confcicnce, to the ill Fortune of their Prince. SECT. IV. SotmTieafonntnd Arguments nrged, and objeHions anfwered,fir the jmher Conftma^ iion of this DoBrine, THat we may examine this more impartially and more fecurcly xely upon the Diftatcs ofReafon in this matter, lobfervc. I, That the Scripture has given us no Directions in this Gafej but to fubmit, and pay all the Obedience of Subjeds to the prefent powers, it makes no diftindion, that ever I could find, between rightful Kings and Ufurpers. between Kings whom wc muft, and whom wc muft not obey i but the general Rule is. Let every Soul be fubjeB to the higher Voivers, for all power is 0/ God the lowers that be are ordained of God : whof^ever therefore reffleth the TotPer, refilieththe Ordinance of God, and they that reftH /hallre-i feive to themfehes damnation, Rom. i M , 2, To fay the ^poftle here fpeaks of law- ful powers, is gratis diBum, for there is no Evidence of it: The Criticifm betwccrt l|»Wj6 and ^M»w«f willnotdoj for they both fignificih^ fame thing in Scripture, d. ~ ibi^ due to Sovereign Towers, &c i j thfr force 3hd power, or authority; Lk \ya tlnnm^-^oif^t -Jsn v^di t infill Hdt ht brought under the potPtT of any thing, mulKignific force, i Coy. 6 i2. and IJ»dCu«; muft fignifie authority and dignity , Efh»\. zu vo'i^xve* ^oijy.s ^^ .J^-,. k. i^ioia^ti^ ^u» !fx,iA9 t^ y-u^icrnl^^ which are feveral names and degices of di^oicy and auciioncy, asweilas power, Kpe^^jCar and i^it^lxZ^Hi fignifie the fame thing, the exercifc of civil aurho- thority and power, Luke 22, 25. andtier:forc eci iianect are the ei ^%^rix.(^c^7ii, thole who exercifc authority and dominion j the ci •c^^tKrij, the Rulers, v. 3. ths MiniftersojGod, which bear the Sword, v. 4« In 5t. Pe^er, the Bic^.a^oV and ny^f fii, theKing, andhisGovernoursand MagiilfatcS, 2 x^?.'f.- 2. 13, 14. Nowthercmay be K-ings and Emperours and Rulers, who exercifc civil government without a legal Title to it, in the fenfeof the Objedors, yet St.?aul has made no Exception againft tbemj butif they be the Powers, if they exercifc the Supreme Authority , they are of God, and are the Ordinance of God: ioVTrxjx el^strixis yro'silartx^an ; which evi- dently relates to the Exercifc of Civil Authority, not to a Legal Right. And why fhould wethink the ^/?o/?/e here intends a diftindion unknown to Scripture: had there beers any fuch Rule before given, to fubmit to lawful powers, but not tofubmittoHfurpers, there had been fomeprctence for underftanding St. haul's ^U power of all legal power 5 but there being nothing like this any where clfe in Scripture, it he had intended any fuck dii\indion, he ought tohavefaid it inexprefs words, or clfe no body could reafbnably baveunderftood him to intend this precept of fubjedion to the higher powers, only of powers that had a legal Right. For then, in order to the fulfilling of this precept, it would be neceflary for Subjcds to examine the Titles of Princes, and to that end to be wcllskili'dinthe HjfloryandLawsof a Nation, and to be able to judge between a pre- tended and real Right , and to know exaftly what gives a real Right ,• that they may know to whom they ought to pay fubjcdion, and may not mifplace their duty in fo important a matter, A.nd let any man judge in what perplexi- ties this fenfc of the Apoftles precept would involve the Confcicnces of men: for thele are great difputes among learned men, and how then fhould unlearned men un- derfland them J And 1 caBnot think that the refolution of Confciencc, in fuch matters as a41 Mankind arc concerned in , fhould depend upon fuch Niceties as learned men them- felves cannot agree in. Efpecially if we confider the Cafe of the Roman Empire, in which, for fo many Ages together, the Titles of their £raperours were either all of themftaik ■ought, or the very befl of them very doubtful. And yet thisEpif^le to the Romans was written to the Subjeds of that Empire to direft themin the pcint of fubjcclion and obedience. ThisI take to be little lefs than a dcmon(\ration, that this precept of St. ?aul cannot be undcrftood only ot fubjeclion to powers that had a legal Right. Befidesthis, the rcafon the Apoftle gives tor fubmiflionto the higher powers is not a legal Right, but the Authority of God; that all power for every one, wiio exercifeth the fupreme power^ it of God, ^nA the Ordinance of God, which feems plainly inrended to wave the difputc about the legality of the powers, whiek was the Objection of the Vharifeet, agalnft fubmiflion to the Rew/rw power j and an Objcdion which no body made but them fclves: they thouoht they were not bound by God tofubmit to the Rtf- »w«powers; nay, that they were bound by the Law of God not to fabnit to them, as being unjufl Ufurpations upon the priviledges and liberties of God's people, and there- fore the ^poflle tells them, that all Power is of God ; and the powers that be, are ordained of God, wherein certainly he neverintendcd tojuftifieall theRo>wo/?/e fays. Ml power is of God, tKere is no reafoti *fo conffne this to all legal potvers, unirf^ ir were evidently the Doftrine of Scripture , that ufnrped powers are n^t of G^d, which is To far from being true, that the contrary is cvi lent ; that the moft high ruUth in the kittgdo»i of men, and giveth it to tphomfoever he will, JOany^. y-j. which is fpokc with retcrence KoxVt fo\AfUonafthiei, which were all as ma niteil Ururpations.as ever were in the tvorld, anJ yet fee op by the decree and counfel of God, andtorc-toldbya prophetick Spirit : and whoever will confine the power and authority of God, in changing Times and Seafons, in removing Kings andfetting up Kings, to Humane Laws, ought not tobcdifputed with. lotbisladd, that this didinclion, that only Legal, not Ufurped Powers, areof God, bad made the ^^o/?/ej direction fignific nothing, for the great Queftion had been ftill undetermined, what Powers are of God, and what Powers they muft obey, if fomc Powers be ol God, and fomc not. When he fays, the Powers that bes had he confined thisto the then pre fent Powers, it would have dircfted them at that time, but had been no general dircftion to Chriftians in other Ages, to obey the prrfent Powers, and then we have no direftion in Scripture, what todoinfuchdifputed Cafes, unlefsby a parity o\ Reafon $ and if we muft obey (uch powers, as the Koman Power was, 1 know very few powers that we may not obey ; for whatever Legal Right the Roman £mperois had, who by fear, or flattery, or other any, extorted fome kind of confent from the 5e»tf/r, it is plain, the Row<<«; themfelvcs were great Ufurpers, and had no other Right to the greateft part of their £mpirc, butConqu'cftandUfurpation. This i'm fuie, the only diredion of Scripture is to fubmit to thofe who are in Autho- rity, who are in thcadual admiaiftration of Government, to reverence and obey them, to pray for them, to pay Tribute to them, 4i God's Minifiersy attending continually upon, this very thing, and not to rcfiit them ', but there is not the leaft notice given us of any kind of Du's Argument is Prophecy, or an exprefs Command from God to fubmit/to the King of Babjlon-, and there was great reaion for an cxprcfs Command from Goyd'at that time, becaufeGod himfcif had entail, ed the Kingdom upon David's Pofterity, and ;terefore without an exprefs Command from God, they could not fubjcft themfdves t^ any other Prince, while any of that Fa- mily were living, which is the reafon t^iffehoiada theHtgh.Pricft gives for depofing •^thaliah, who had (Jfurped the Throne for fix years, and 'anointing Joa/l the King's Son, behold the King's Son /hall Reign, m the Lord hath faid oj the Sens ofDdvidi But where God has made no entail of the Crown, but the entail is only by Humane Laws, there is no need of Prophecy to dirccl people to fubmit to any new Prince, whom God fct^ aver them. f or we muft dbferve, that this was at the beginning of thtfiur M^narchiei, whicfc God inrendcth fucceffively to ereft, to whom he gave the Kingdoms of the World, not excepting his own People I/we/; and in that Command be gave to them to fubmit soibofcPoww, twhkbwa$rcn€W€dbyChriaaiidlwApoftlcO bas wo^uU Chri- - itiaB» : due to Sovereign Towers, &c, \ ^ ftlanstodofo too, and not to oppofe any Humane Right or Intereft againft thcBlvinc vill and pleaTurc, whcnir is fufficicntly declared bv the rvcntsot Providence. And the hr( pbccy t>f 'he/oKrMowayc/j/ejis nor vttatanend 5 for under the fourth Monarchy the Kinsjd< m 1. 1 C/jrif/ wasto befct up, and ^wf/c/?)/^ was to appear, andthc iticreafe and dcftrudiunottht Kingdom of ^w//ffcr7/? is robe accomplifVied by great Chargts and K< volu 'onsin Humane Governments ; and when God ha^dedared, that he will change Time? and Seafons, remove Kings, and feiup Kings, to acconr.plifh hisown wife Counfe s, it judifies oUr neci (Tary, and thcref^ re innoctnt compliance with fuch Revo- lutions, as much as if wc were cxprefly commanded to do fo, asthe Je^.^x ^erc by the Vrol>het ]ereM ah. This a man may fay without Enthefiafm, or pretending tounder- flandall the Prcphefie^ofthe Kei;e/rfls us,That this is itot an Arbitrary , but real Diftiflftlpn ; and then, tho*our Natural and Legal Allegiance be both included in the ^me Oath, chef arc of a didind Confldcration. Natural Allegiance, or Obedience and Subfc£lion to Gof ernment, ts doc to the King, confidered in the adua' Adminiftration of Government, and nootherwtfc, becaufeic can be paid only to the Regnant Prince ; and it is dsue to all Kings, who arc fctlcd id the Government ? for it is due to Govcrnmcnt,and for that reafon,to the Prince who governs^ Legal Allegiance, or Maintenance and Defence, is due only hy Law, and therefore can oblige no farther thati Humane Laws do, which muft always give way to the Lawi of God; and therefore Natural Allegiance (in cafe of a Competition) vacates the Ob. ligation of Legal Allegiance and Oaths ^ as the Laws of God and Mature muft take place of all humane pofitivc Laws and Oaths. If then I have fworn to maintain and defend mjf King, who bai a Legal .Ki^t to tbc Throne* whatever iimcam bythi» Due to^overeignTowers, Sec, Maintf nancf and DcfcRcc, i1 he happen to be difpcfTciTed of his Throne, and another Prince placed there, whom, in Reverence to the Authority of God, 1 am to obey, and fubmitto, without Rtfiftancej lam abfolvcd from my Legal Allegiance to maintain and defend my cjcftcd Prince, becaufc 1 cannot do it without violating that Allegiance, vhichby he Lawsot God i owe to the Regnant Prince i for 1 cannot defend the di(- poiTeffcd Prince, whom I have fworn to defend, without oppofing and rcfifting the Regnant Prince, whom by the Laws of God 1 am bound to obey. 2. This Legal Allegiance, orMaimenance and Vejence, is Sworn only to a King in PoflffTion, andfign ficsnomore, than to maintain and defend him in the PofTcfTionof the Throne, as hAving a Legal Right to it : Wc can legally take this Oath only to a King, wboisinP^^flclTion, for it muft be aw^miniftied by his Authority 5 andihc Obligationof Oaths muft nor be cx-endcd beyond the neccffary Signification of Words i now to main- tain and defen -i the King's Perfon, Crown , and Dignity , and to rcftore him to his Throne whcnheis difp fllfTed, are two very different things; and therefore he, who Swears to maintain and defend, is not by venue of that Oath oWdged to ref^orcj while a Prince ison the Throne. Suljfftsaie in acapacity to defend and prefervc him there ; ani therefore may oblidgc thcmfelvc? to ir, and there maybe Reafons why this ftiouMbt exa^cd from iheno , but in ordinary Cafes, if they cannot defend the KinginpoHeflion, there is little likelihood tbey fhouldbe able to reflorchimj and therefore no reafon« that Subjefts fliould bind themfelvesby fuch an Oath. To venture our Lives and Fortunes to prcferve the Kings Perfon and Government, while he is in Poflcfnon, is reafonabic encugh ; becaufe it is a real Service to our King ani Country, to prevent uninftUfurpations, which overturn the Government, and often anfettle or dcftrov the Laws, and with them the Rights and Liberties of Subjcfts, as well astheXightoftheKing; butto5wcar todoouroutmoft toreftore theKing, when be isdifpofl.ficd.istoSwearnevertofubmittoufurpedPowers, but to take all Opportuni- ties to overthrow fuch Governments to reftore our King, which is contrary to our Duty» when God removes one King, and feti up another; which expofes our Lives and For- tunstoruin, when we cannot ferve our King by it $ which provokes fuch new Powers, if they be not more mercifu', to fecure t hemfelves by rooting out fuch fworn Enemies to cheir Government s and then the Confecfuenee of this Oath, is. That if our King be driven outofthe Land, we will follow him into Banifhment, or venture being hanged •tbome; that we will dif^urb all G wcmments, and raife Rebellions, and Civil Wars,. ifwecan. toreftore our King tho* with the utter Ruin and Deftruftion of the Nation. I believe fhould all this be exprefled in an Oath, there is no man in his wits would take it» for the fake of the beft Prince that ever fway'd a Scepter ; and how unrcafonable then if 4t,to expound an Oath to fuch a Senfcasno Man would have taken it in, had it been e«- preflcd? However, it appears, that there is fuch a va ft difference between iMimr««/«^ #«rs,wc Swear not to own Of ftfb^t toatif fiinct, who is Dot tU L^l He'ur. That i ^eny ; wc Swear , if you plcafe, aoJt %Q T*^ Ca/i of the Allegiance not to make it our Aft, not to fct op any Prince, who is not the right Heifj and irc Swcartooirn the right Heir, it hcgets Poffcffionj but wc do not Swear nottofub- niit to any Prince, who gets into Poffcin on, and is fettled in the Throne without a Legal Right i the words fignific no fuch thing, no more than Maintaining and Defending, fignifics Reftoring, }. I obfcrve farther. That th!§ Maintenance and Defence, which wc Swear, ofthc Ring's Perfon and Crown, is only a Legal Maintenmcc and Defence j for the Law will oocjuftifie, much lefs does it command any illegal Defence } and therefore a Legal Oath can oblidgc us only to a Legal Defence. This is true, with reference to the C««/*e j for we arc not bound to defend the King againftLaw, or when he Subverts the Laws, and Liberties, and the Le.:al EftablifVied Religion of the Kingdom, by Illegal Methods. A Sovereign Prince rauft not be reCfted by force, nor muft he be affiited and defended againft Law i for tho* the King be unac- countable, ycthisMiniftasandlnftrumemsarenotj ani no man is bound to ferveoc defend the King in that, for which by the Law of the Land he may be hanged for a Tray tor j and this in a limited Monarchy, fets Bounds to Sovereign Power; forunlefs Sublets will betray their own Liberties, and venture to be hanged for it, fuch a Prince cannot hurt them i and chelate Revolution teaches us, ( and all Princes ought to take warning by. it .) how eafily a Prince is ruined, when he has forfeited the AfFeftions, and the Legal Defence of his iubjefts, by the £xercifc of an Illegal and Arbitrary powers and if the Oath of Allegiance does not oblidge Subjefts to defend a Prince in the £xercifc ©fan Arbitrary power ,• 1 think, it much lefsoblidges them to rcftorc fucb a ^rinccj and ilrbitrary power with him. But that which I mean by a Legal Defence, f let the Caufe be what it will) isfuch a Defence, asiheLawiequiresall Subjefts to give their King; for a Legal Oath caa fcquire no other Defence than the Law requires. Now the only Legal Defence, wherein all 5ubjcfts are concern'd, is either the Mi/iiid, or the Voi^t Co»i//4liM,which are in the power of the ilcgnant Pi incc^and cannot defend a f rifice who is out of Poflcflfion ; and therefore, if t his Oath me«n9 only a Legal Defence, it muft he confined to the King while he is in Poflfeflion, and has the power of the King- dom in hishands.j for I cannot defend a DifpofTcflcd Prince by fervingin the Militia, of Woffe Comitatus, which is al wayes in the power of the Regnant Prince. Buta Princemay raiCe an ^rmjr for his Defence, befidesthe Militidof the Countrfi and this he may do, when he is out of Po0efnon, and Loyal SubjcAs ought chcarfiilif Co fcrye him in it. Kow htre is a great queftion, which I am not Lawyer enough to decide i Whether a Commiflion granted b) a King out of Pofleilion. be a Legal Commiflioni but be that iiow it will, i am fure, there is no Law that requires all Subjects to receive Commif- lionsfrom the King, tho*he beinpofiHIionofthe Government, nor to lift themfeivei ^Souldiersinhis Army) and therefore this is no part of that Lrgal^ Defence^which w< Swear. All that Legal Defence which we fwear to the King, can be paid only to the Kins in Poflcffion, and what we have not Sworn, wc are not bound to by the Oath of Allegiance* which is the only thing wc are now enquiring after. This the whole Ha» tion, both pcince and people have, fufiiciently acknowledccd, by making and receif- ingAddrefTesof hives dnd fortunes, whichisfkppofedio iignifiefomc otfier Defence chan the Oath of Allegiance oblidgcd them to } and therefore, were not of the mind of Chofe Men, who think their Sworn Allegiance binds them to rcftore the Kii)g< when Di(- fpodcllbd ot bif Thioae» at the eipcacc «f tbdr iivci and fiotiuaxu duetoSovereig7iVowers, &c. %t 4. It is worth confidcring alio. That the Oarhof Allegiance is a National Oath, and therefore the c^efencc or mainterance we fwtar, is National, that is, to join with our Fellow. fubjcds in dciendingihcKirgs pcifcn and Crcwn : For (irg'e ^ubjcds caianot dothisby thcrTiiVlves, and "the way to cbl.g<; them all, istoimpofe a National Oath to be taken b) all Subjcd?. Now fuch Oaths oblige every particulare Man to do no injury to the Kings Pcrfcn or Crown, nottoeDterintoPlotsandConfpiradesagainft him , and as for adual dcftncc, chearlullyto venruiehis Life and Fommes with his Fellow- .Subjt^s to prefcivc the King. Buc in cafe the great Body of the Nation abfolve thenr.klvcs from thtfe Oaths, andde- pofe their King, anddriv<:him cut of his Kingdom, and fet up another Prince in his room, it is worth con(id^r;ng, Whether feme private men, it may be but a little hand- ful, are ftill bound by their Oath, to make fume weak and dangerous attempts, and to fight for their King againft their Countrcy, certainly this was not the intention of the Oath, for it isaNatioi^al, not a private Defence, we fwear ; and therefore a general revolt of a Nation, thoughitfhould be wicked and unjuftifiable, yerirfeemsto excufc thofe, who had neither band nor he?rt in it, Uom their fworn defence of the King's Pcrfon, and Crown, 2nd to make tiieir complianc*! with the National Govermrenr in- nocent and neccilary. For an Oath to fight for the King, does not obli le us to fi^ht a- gainfVourCountrv, which is as unnatural , as to fighr againf\ our Kii^g. 1 he (urn is thisi God, when he fees fir, can remove Kings, or fct up Kings, with^ ur any regard to humane Right, as being the Sovereign Lord of the World, who rules in the Kingdcms o\ Men, andgiveth thf m to whomfoevcr he will: but Subjccls in fetting up, or re- moving Kings, miufl have regard to Legal Right; andifthey ^u'l down a rightful King, and fet^'up a Kin2 without Kiohr, (un'ds the Conflitutionof the Government infome Cafes fbould allow it) srcatly fin in it, efpecially when they have fwoin the de'enccci the Legal Right, and Legal Succedion : butthe Duty and AlKg'anceof Sulj dsdoes not immediatly refpcft Right, butthe aftual adminiftration oT Goveinment; when there is a fettled Government in a Nation : for that is God's Authority, which mufl be obeyed : no mian wufl fwear away this, no more than any other part of his Duty ; and no man doth fwear away this by the Oath of Allegiance, as I have already fhewn. But ii will be farther objrfted, That if this Dcdrine do not take awsy the Legal ^^-^^^ Right, yet it makes it impoffible for fuch an injur'd Prince to recover hi- Right, when all hi«Subje£ls have fworn Allegiance to a new Prince, and therefore can no longer aflift him. lanfwer; This may be called ad fficulty In Providence, if you pVafe, but it '^"0 ^^r^.^^ • difficulty to the Subjeft, if he purfue his Duty in it, unlefsa paftionateafFcaicnfor the ^ -dilpodeffed Trince make it a difficulty f but fuch a misfortune as this, can rarely happen to a bebvcd Prince ; and when SubjeiVs are overpowered by force, and can neither de- fend themfelves, nor their Prince, there is no remedy left but to yield to neccflity, and leave every thing elfe to the Divine Providence. The Divine Providence has ways and methods of removing , Kings, and fcrting up Kings, which we are notawaicof, norccnctrncd toknr w, becaufcitisnopart of ouc duty: No man could have forcfeen, how C^ H. fhould hrve returned, who had a powerful Army againft him ; or Jtf. IT. be driven cut of hisKihgdc.m, attheHeadofa powerful Army, without fhedding of blood. All ihc Plots and Con''p:raciesof the Loyal party were vain, and had no other cfFcft, but to bring foroe worthy and gallant Men to an unhappy end j but what they could not do, Cod did without tbcmj and all (ttcb Cafes we mu^ leave to God . The Cafe of {Allegiance , Butdoes not thisencouragedaringand ambitious. Spirltstognrp at Crowns and in- vade their Naghbours, when they know that Succefsglves them Sovereign Authority, and obliges Subjeds, not withftanding all former Oaths/' to pay all Duty and AUcoiance . Ambitious and daring Spirits need no other encouragement but Power toorafp at Crowns; and if they havctbis, they value no move: promife them but ^uccefs . and they will try, whether Subjeds will obey or not. I dare fay, fuch rmen never took it in. to confidcration, whetherSubjeds would think themfdvcs bound in Confciencetoobey them, m cafe they prevailed i they feldom trouble themfeives about Confcience, but truft to other Arguments to fccure their Thrones, when they have once <^otten them. And ifthey take this Dodrine all together, as they muft do, if they entourage their i^mbirion, by Reafon and Principles, itwillgiveno encouragement to Ambitious Spi- rits wjtnout a great dofe of Entliufufm: Forif the Kingdoms of the World be difpofed by G Jd , and no Art or Power can place any Prince on the Thronc,but by God's appoin^. mcnr,urjcs they can flatter themfelves, that God hasordain'dthcmtobe KinPs, it will check ail their ambitious Attempts, whichG )d can fo eafily defeat. ButifthisDodrine fhould prove inconvenient to Princes, and dangerous totheic Thronesj I am furetfie contrary Dodrine is much m^re dangerous toSubirds, when anyfuch2ievoIut!onhippens5 foritfacrif^ccs them to the rage and fury of Conquering and Reigning Princes, when they are obliged by Principles of Gonfcience tooppofeand dilown their Government, which icis folly to think any Prince will cndurej and thouoh IhaveasgreatareverencefcrPrincesasanyman. Ido not think che Rightand Intercf^ of any i ruicc fo confiderable, as the Safety and Prcfervationof a Nation, and the Lives and Fortunes of all his Subjeds. In a word. The Objedorsdo not thinklt a fufKcient Confutation of the Dodrine of Non-r.Mance. and Pafllve Obedience, to fay. That this puts it into the King's power, to invade the Laws and Liberties, the Lives and Fortunes, of hisoubkdsat plcafurej and y<^^ there !S moredanger of this from an Ambitiousand Arbitrary Prince, than there IS, that the Dcdlrine of Obedience and SubmifTion to the GoveminF Powers, fhould encourage Amb.tionsSptiits to invade their Neighbours Thrones ; ""the Divine Provi. dencc takes care of all fuch extraordinary Cafes, and there we mufl leave them. Buthave not Pyrates and Robbers as good a Titleto my Purfe, asanUfurperhas to the Crown, wbichhefcizesby as manifeft force and violence-^ Does not the Providence ot God order and difpofe all thefe events \ And are we not bound then asmuchtofub- mit to Pyrars, as to Ofurpers ? The difpute is not about humane and legal Right in either Cafe, butabout Authoritv, which IS tne only reafon of a confvientious fubjedion,- now no Man pretends, that Thieves and Pyrates have God's Authority, to which we mufl fubmit ; but the Scripture exprefly tells us, That Kingdoms are difpofed by God j Thatall Poweris of God/and there.ore when any Prirce, by what un^ufl means foever, with refped to Men, .s placed in thelhrone. and feiled there. He is advanced by God. is God's Ordinance, God's Minitter, and mafl be obeyed for Gonfcience f.kc : And therefore the outrages of Thieves and Pyrats arc very impertinently alledged in this Caufe. They have force and violence, which every Man muft fubmit to, when he cannot help it j but Sovereign Power is Gods Authority, though Princes may be advanced to it by no honefter means, than Ihieves rake a Purfe, or break open my Houfe, and take my Money, or Goods. The beginnings of thf four Monarchies were no better, and yet their Power was God's. iiut did not Jehojadtt the High-prieft anoint Jaajb the King's Son, and dcpofc and ki'l oHhe SuHrftf squired the Allegiance and fidelity and Obedience '- - fulHe^4'!'c1aimm?^rf7'K''T:'""''''l" •''■■'' Thatwhen.he Lesal and Right. M". u "^'."-f "•^") P""'f'^'J of his Throne, Sub .fts may return to their Allesiance and Procbit^^e'^leLr". t" "a" ■"Z^?'"" "^ "'"^P" ' ^- ^""-^ -- firit alint ,d prockimeu, More ntiy onca.rreda fi„geraa,aintt .^,6^/,„6: Novt^thisis arcrydiffe- rret'rea:";:^!?Se:"'"""^^'"^'^'''"^^^ on^he^noftel^o^rv^^^'l' forGodhitufelf had entailed theKingdoniot ^.iah U(u,i...r whenthe.k.ngsSonwasfound, towhom the'Kinodom did belono bv a Di- v,neema,l; =nd bvth.s ,A,;W. iuft:fi« what he did, BeioW, tU KJrTonMl byanexprefsdecUtattonotniS Will, and nomination of the Perfon, or Family that ^r! ceofSod-:chX'r''^'''"?'°"?°f ■^"'''•*) S"''i«'>^ -' bound to adhere to' the K^nas anden^ HsVe SnJ^ ''"V" °'''" ^'"8^<""^ ■ ''here God makes Kings, and entalsthe Crown, not by exprefsnominstior.r but by his Providence the- ' B,« fn; linZr J'^T '° •""■'', ^' '° Ciod's Ordinance and Min.fter. rod nL,Vr ^ ^ n' l*"' ^"?'-.'^°''' "or anoinfed by^n; Prophet, no more than Baa/^a was, were yet fet up by God as he was 'pltetc^rhem o"^, m r a'd here^'ls^n thV^'"?' '"'hfr^' '''"': Nrminll„= K '^^f^'^at Line was cut off. tohave confclted God, and re«iv d te Line, andTeA«-s werVrmoff 1 ^' but inftead of that, when JerchamS bv hi Prophets thlv fub^-?, ; ,"''°»'"' ''■^ °"lv Kingsna,r,ed by God and anointed a area, fauU fn a Prl^T '" '7' 7^° "'''" """ 'hemfeives over them .- This was ■bv hev ellororthTftT f*;'^ immediateGovernmentof Godi for bere- and I Kings, tells 15. i74 l6. 2> 24 ^^^ Cafe of the Allegiance and charged with ft as a great Crime, it being in effcd, a renouncing their prcroga: tive, or being God's peculiar People. r t> ^ 3. Tojuftify this Dodrine of Obedience and Allegiance to the prefent Powers, there IS an Argument, which IknowfomcMen will not lilce, but muft be a good Argument tothok ttrhomoftfcruplethe new Oath; v\\. That it is founded on the lam? Prin. cipiewiththcDottnneofNo«-re/?y? if it does. 1 fee no difference between this and Allegiance j and what I am bound in Confcienee to do, I m:w fwearto do 5 Ifitdoes not, then i am at Liberty to difturb the Government, notwithftandin^ ;??,^«fr! ' when lean; nay, am under Obligation by my Alkgiance to the Dif. poflcfled Prince, to do it when i can j and how does this contribute to the Safety and Tranquility or Human Societies? 3. Suppofc then the Governmem docs not think its felffafe, to leave all McnatLibcr. ty to difturb ,t when they pleafe, and whenthcvhavea promifing opportunity to do it, but Ihould require an Oath of Fidelity from them, which, we fee, is the univerfal pra dice ot all Governments 5 what (liall Subjras do in this Cafe ? According to thefe Principles, no^ubjed when his Rightful Prince, to whom he owed, or to whom he had fworn Allegiance f which the Bifhop makes the fame Cafe > isdifpolIeiT::', ought rofwear Fic^dity and Allegiance to any other Prince ; and now, thenletusfuppofe, that they all did their Duty, andrefufcd this Oath, a.nd the Prince bad power enough to compel them • what muft be the efFea of this, but the utter* Ruin and Deftrudlionofthe Nation? The Land, indeed, would remain as it was, and where it was, for that can't be removed; but the People of it muft either be deftroycd, orim- prifoned, or trini planted into fomeForreign Countries, as wasformerly praftifcdintbc ^d/?f»'«Conquefts, witnefs the Tf» Trfc,''who were carried away Captive, and the Countrcy new Peopled, andisnotthisa Diflolurionof Human Society^ Andihhepre- fervation of Human Society, be the great ultimate end of Government, and will juftify what it makes neceffary, nothing can be a Duty, which if univerfaily obferved, muft unavoidably in all fuch Revolutions of Government, dcftroy Human SpcieUes* For to fa) , That it can never be fuppofed, that all, or the greateft pgirt o^ a;iy ICing*. dom in fuch Revolutions will adhcre^o their Duty, and obftinately refufc to fwear Alle- giance to a new Prince, and that is fufficicnt to prefervc the Nation, tho' fome tew cod- fcientious people fuffei by it, doesnot alter the Cafe j forftili, accord }ng to thefe Prin- ciples, Humane Societies in fuch Revolutions cannot be preferved without Sin j for if allmendid their Duty, they muft all be deftroycd: Now Ibelieveit w.ill b.phardtoper- fwadeany confideringM.cn.that, that which in fuch Cafes is.nccefTary to p^ffcrve a Na- tion,jsa Sin; and that which will infallibly dcftroy it, isa Duty and Vcrtuc iif we allow the fafctyand prefervation of Humane Societes, to be the great Lawjof all. 4. I obferve farther, that as caun'ousas the Bifhop is. That w^ fhoujd pay Obedience to Ufurped Powers, without owning their Authority; yet he is forced to allow us to do fech things fgf t[ie publick Gogd, as cawigt be done without owning the Auihority i as 7)ue toSovereignTowers, &c. ij the Defence of our Country againft a Forreign Enemyi and the Admlniftration of publick Jufticc; foi this muft be done by CommilTion from the King, and, 1 fuppofc, to take a Ccmirirtion from him, owns his Authority, and owns it to be a good Authority j for ifthey hang any Man either by Military Difcipline, or Civil Jufticc, and have not good Authority tor it, they arc Murderers The truth is, to cxercifeali the Afts of Civil Go- vernment, which are necclTary for the Community, without owning the Authority of the Prince, in whofc Name, and by whofe Authority all is tranfa^lcd, is a Riddle to nie> ifwemufthotownthe Authoiity of the Prince, we truft do nothing by his Authority: and then Civil Government in fuch Cafes muftceafe, and Humane 6'ocicricsdiflolve. So that the prefcrvarion of Humane Societies dees of neccfluy force us to own the Authori- ty, even ot U/«y/?ei Powers ; and if the prercrvation o\ Humane Societies be the end of Civil Goveinmcnr, and thercafon of that Obedience which wc owe to Government, as the r/y?jo/>aflcrtsj then when an obftinate Allegiance to the Difpoflcded Prince rr.uft dKTolve Civil G'overnmenr, the reafon of that Allegiance ceafes j and therefore that Al- legiance muft be at an end j and when AllegianeetoOfurped Powers, is ncccflary tothe prcfrrvaticnof the Society, it muft become a Duty. 5. The B/7^oj7refolvcs all this into the prefumed Confcnt of the ejected Prince, that hisSubjcds Qiould rather confulc their own fa^rty by a modcft compliance with the pre- ^^' ^^^ icnr Powers, than bring certain Ruin upon tbcmfelvcs by an unfeafonable Oppofition; ^^' Now the' 1 con'efs, 1 lay no ftrcfsupona prefumed Ccnfent j yet if wc will prcfume, we Hiould prcfume all that is reafonable, that is, all that is neccflary for the prefervation of his Subjects, when he can govern them, and prottft them nolcnj^crj and then wc may prcfume his Confcnt to Oaths of Allegiance and Fidelity, when rh=s LsncctlTary to their prefervation j and 1 can very eafily picfumc, that Princes think thfsa kfs fc^ult, than lome Subj'disdo, they know what they thcmd Ives expect from Subjeds, where they have Power, whatever their Right be, and therefore cannot complain of their vSubjcds, i( they pay it to another Prince, in whofe Power they arcj this i:. the pradice of the whole>jrorld, and Princes know it; and may asreafonably beprtfumed toallowit, a» 3ny other Ad of Obedience and.Subjedion to Ufurpcd Powers. Andtho* i will not med^ile with that Queftion, Whether a King's leaving his Kingdom in a great Frighf> without anyone to Govern and Proted his Subjcds, be to al' intents and purpoft;s an Abdication of the Government ? Yetone may reafonably prefume,that aKingwhofor- fakes his Kingdom to confuli his own Safety, will give his Subjcd§ leave to confuk theirsj. if this wi'l juftify a King to favc himfelf by leaving his Kingdom ; why will it not juftify Subjtds, when their King has left rhem, to fubmit and comply with the prevailing Powers, asfar as isneccftary toprefervethemfelves ? That iS; even by Oathsof Alle- giance, if that be neccfliry : Self p-cfervationisas much a Law to 5uS|eds, as to the Princes and he is as much fworn ro Govern and Proted hisSubjcds, as they are to Obey and Defend him ; anj if the necefHties of Self-prefervation abfolve him from his Oath o' governing and prote-ding his People 5 I dt fiie tolcnow, why the fame necefli- ty will not abfolve Suhjcds from thirir Oaths to their Prince? Protedion and Allegiance are not io reciprocal, as to be the neccflary Conditions of each other;, that if a Prince violate his Oath of Governing bv Law, andinftead of PiOted'ngdoes Opprefs his Sub- ' Jeds, Subjt'ds^re then freed fronuheir Oath of Allegiance, and may take Arms againft their Prince; tor tho' Protedion and Defence are the Duties of Relatives, ola Prince and his Subjcds 5 yet they arc not necefTarily fuch Relative Duties, as that neither of them can be performed unlcfs both be. % Prince may govern by Law, andprotcdlhis SttbjeAs j *Hd yet in Fa^ they deny their Allegiance to him j and Sub jeds may pay theiir x3 The Cafe of the Allegiance Allegiance to their Prince when he Oppreffes them , thefe Duties 'may be diftin^lljr and feparatelyobfeivcd, and therefore do not in their own Nature, cither infer or deftroy each other. But Government and Allegiance are fuch Relatives, zsdomutunfe^onere ct* tollerci the one cannot fubfift without the other: if the Prince can't Govern, theSub- jcft can't Obey i and therefore; as far as he quits his Government, he quits their Allegi- ance, and Icaveshis5ubje£lsas he does his Crown, to be pofTcfled by another, and mud recover them both together. He may have a Legal Right to both, but he cannot aftu« ally have the 5ubjcds Allegiance without the Crown j nor can f Orhowfhallthe Nation be governed, ifSubjefls are bound in confcience to obey, and pay Allegiance to no other Prince? This is to make all mankitid the ilaves and and Properties of Princes j as if all men were made for Princes, not Princes lor the govern- ment of men. This, I think, is abundantly fufficient to juftifieour Obedience and Alleoianee to the prefent Powers, though it fhould at any time happen, that the Legal and Rightful Prince fhould lofe his Throne. But there is a great prejudice againft all thi^; for fo I call it, rather thananObjcftion^ for there is no Argument ia it, norcanit bcformed imoanArgumcuti 'vi\. rhat this will K equally -VheQaje of the i^llmame equally ferve aimv^uaony>f^c>yen.men^^ n.,ghr fubmit and fw.ar to a R..^^P../,,^;e„t, or to another ?mt,Fi,y, or to zCnLuTtt, vf safety, or whatever eife you pieale: Andyet unJer thatUfa.-p.uion, the Lovnl Nobihr G,m.y, and Clergy thought thc..ire ves bound in Confckncc to cppcfethat l]fuvp,icn at then- urnioft pcnU And ili.ll we Arra^on rhem all, as rcfiaina God's Ordinance by then- op pohnon cothok Ufurped Powers, and their attempts tc r.ftme^hdrKinpto histhrcK ^^ This, aslobjrved, is a greatprqudice, but. no Armament, for if thvfe Principles be true andaccord.ngtothdeFrinciples they might have complied witbthcfe Ulqrpa-ions: that they did not, is no confutation of them. f F« xv io, Butyet,irupporc,alUkn fee a vaft difference between there two Cafes; it is evident thofe Loyal peifcns, both of the Clergy and Laity, who fuffered in the former Gaufe, and have nowcotnphed with the pref€ntGovi:rnriient, thinkthere is a vaft difference between them i and mud thmk themfclves m jre reproached and injured bv (uch a Corr.parifon, than bv iuch Principles as )ufl:ify their preknf compliance: And the great Body of thcNob'!->v Gentry, and Uergy. wno have furorn Allegiance to their ^^^^^^^^ Majcfties, would take it very ill to be thought lefsLoya! than thofe «.ere, who fuffered for King Charlesl, and II underthof^U.urpersj and tnerefore they alfo mull apprehend a vaft difference between thefctwocales. But what is it that mnkesthis difference > If you will -allow the fuppofltion , That the Rightful King IS difpoflcffed ; arid that in fuch a cafe it is lawful to comply with any Govern, ment, which becomes the fetled Government Qf the Nation ^^ ^ lanfwfrs The difference IS very great upon all accounts- and that no man may wonder at the obftmata Loyalty of thefedayes, and the eafie and ready compliances now , (from whence fome men conclude a renouncing the Principles of the old Church of E^iglan^ Loyalty, to the great fcandal of Religion,) 1 Hiall fhew the difference upon many accountsj and all together wil! dc more than anfwer enough. I Fivftthen, The great Villanies of rhofe days, inan open and bare fac'd Rebellion, perHftcd m a Iter th^/oo ft Gracious Offers and Condefcenrions ; and in the Barbarous Mur- derof oneor theueft Pr.ncesin the World, wascnouoh to prejudice \V,fc and Goldmen, againft all complianccs,thouuh they had been lawful ,-"for who, that could pofl^bly avoid it, would fubmit to such men- .. r j 2. The barbarousUf.ige the King's Friends met w-'th, i^ade a 5i'.bmiffion and Comply anceufelefsandimpoflible: Thofe who hndfouaht for thdr King, or cxprcffcd anydiflike of thefe Proceeding?, whom they had any jealoufie or fufpicionof, or whofe Eftates they hadamindtopofTerstheffifrlvfsof, were plundered, fequefired , imprifoned , forced to fculk and hide at home, or fiie abroad, to preferve their Lives and' Liberties. 3. Bijho^s, Deans, ^nd Prebendaries wac turned om, and their Lands and Revenues foldj the Loyal Ckrgy were M^%„^«/f for what they bad donej and had noway to keep their Livings. dp>eclally if they wereofany Value, but by renouncing the Church of £«ir. Und, as well as by Subm^fflon to that Government, which 1 believe, notwithflanding their ready compliance in taking the Oaths, ihcClergyat this day would more univerfally have refufed, than they did thfn 41%. Another difficukv was, that the whole Government both of Church and State wasoverturned, which was the Fundamental Conflitution of the Nation: The Kingwas not only Murdered, and the Rightful Heirdriven out of the Land, but the Monarchy it felf Urasdeftroyed, and neither King, Lords, nor Commons, left 5 but a few of the Houfe of Comm.ons, who by Force and Power had turn'd the reft out of doors, undertook to govern t^l, inthename of the Commons of £wg/4«rf; which was fuch an Invaiion on the Rights at^Libcrtkspt tbeirCowmry Cwlaicharcas faacdasths^ightsof theKini^,) asrcquireci 7)tie to Scveraj^n Tourer s, 8cc. tK^utmoff oppofition that could be mad'fe; ' And it may be, if it be Well confideved, the Defence <>i A^.on.uch)', and the Rigi.tsand Prerogative^ of the Crown, will appear a very material part ut ihe Oath of Allegiance, which may bind Subjc^ls when the lerltn of the King Is changed J and may m^ktfhcm think themfelves mere cb!ig(d to reftcrc fueh a I'rin e, when they cannot reftcrc Monaichy, and the Aniient Laws and Government cf the Nation wi:h€u,t him. 51%. And ir.orever it fsplain,That their Government was never fctled ; it was frequently changed, and new modelled, which was no Argument of Settlement j and which is mere than that, they had not a National Gonlent and Submifilon. Men, who were forced, fubmitred to force; but the Nation did not by any Na^ ional Ad- ever own them ^ for 1 think the Rump Parliament, who wcri- the Ufurpers themfelves; or fome little p ickt Conventicle s,^ rather than VatUamenis, could not be called the Reprefenta. /mjjoUhe- Nation, — ^his fcerns to be much like the Cafe which BiJJoop Overal' s Convocatinn-Book mentions 'in relation to ^miochu6; whahad by force k:pt the ]en>s in fubjcdion tor f^jme years, and yet when Matthias took Arms in.dcfence of their Rtltgion, they juftify fhis Adion by iaying That the Government o^-^«//of^/« was not fetled among them, either by i> nbmi^fion ot Continuance -J that is, tho' People were forced to fubmlt to Power, hisGovernTient was not owned byanypub'ick National ^ubmiHson -, and in fuch Cafes along Continuance is required to fettle a Governmentj whereas a N>itional Submiifion fttdes a Government \n a Qiort time ; as we may conclude from what they tell us of the Settlement of ^lexandif^s Govemmcnc among the Jem, who was but a very little while with themj hmjaddm theH/j^^.Py/e/?, and the Governing part of the Nation fubmitting to him, this fetJed his GorernHient in a few days, Thisfliewshnw unlike all this was to our, prefent Cafe in every particular 5 that thcfe who thought it their Duty never to fub(r.it to th.it wicked Ufarpation, are now fatisfied, that they may fubmit w'rth a good Gonfcienee to their prcfdnt Jvlajeflies. In our prefent Cafe, alFthings are quite contrary to what they w^erc ia the former 5 every thing concurred to makcrhe Nation fond of fuch a Change, and very eafy under it. Kingjtfwff, more, Ihope, by follov/ingill Counfels, thanby hiscwn Inclination, bad cffcdually removed all Prejudices and Objxaionsagainft fuch a Revolution, excepting the Obligaffons of Duty and Confcience. In the late times of Rcbehonand ururpation, altthe friends of Monarchy, andofthe Engli/k Government, and of the Church of England, and of the Liberties of their Country, and oftheir own Honouisand Fortunes, were bound in Intercft to take all Opportunities toreftorctheKing. In our late Rcvoiution, the very fam.^ Reafonsand interefts difpofed all M n to 'be wery well contented to part with their King, if they had known how to do ic honeftly; for the Continuance of his Government, by the bold Steps, and extraordinary Methods he had taken, gave them gieat App.chenflons that all thefe were in danger, even theRightsandPrcrcgativesofihe Crown itfelf ( the prefcrvatidn ofwiiich w'asamain end of the Oath of Allegiance ) by his. Sufem-itionto the Se.^. oiU^ome, and rejectincT the 03^0^ Supremacy, andasfaras hccould. abfolvinghis Subjeasiromit 5 and yetin^hatr Oath alone, we Swearto the ZL^v./k/ Suxrcefior, in Opppfirion to the pretences of the BiHiop otRowe, todepofe, andfetupKinnsatpieafure, for the Service of the Chu'-ch This helpt fome Men eafilytoabfolve themfelves !rom the Obligation of their Oaths-, for they could not think. thatOaths, which were made and impofed for the Ptefervation cfa Pme/?tf»^ Prince, and the Proteftant Rfghts and Liberties of Church and State, could ob^gethcm to defend and maintain a Prince in hisUrurpatJons, as they thought on both, ihisfivade ^isSubjcOs aad even his-A.*mydcferr;his Service, when the Prince came :. witbf The Cafe of the Allegiance With a forreigtiForcc; and this made it neceffiry for him to leave the Kingc^om, and to leave his Subjects in the Hands ot the P rincc j which made an eafie way for the Prince to be placed on the Throne. Now not to difpute the legality of all this, here was nothing fo formidable, as ; o prejudice an honeft Man againft^ubmiffion and compliance, astherewasin the late times ot Rebel- lion; nothingthat could rcafonably hinder a con^pliancc, but sn Opinion, that we muft never pay Allegiance to anv but a Legal Kingj and poffibly had that point beenwavedj no Proreftant would have difpured a quiet and cheariul fubmillion to the Government. To fight'againft a King, ano: not to fi^ht tor him, I think arc two very different things^ and when K-inasmikeit impoiri.>leto ^:i\n ^or them, witboUr fighting .igainft ihe Religion and Liberties of ourCoun'ry, they may thank thfmfelves, ilthcir ubjcdscannot deknci them. This is a danger- us lUte IM.ices bring chcmfrlvesinto, efpccially where there are different pcf(wafions in a Nation : sJ^ncnfomc Men think, rhey may Lawfully defend their Religion and Liberties againil the (Ifurparionsol their Prince j and others think, they are not bound to defend and maint.^in tbtii Prince in hislIlcg.U tJfurpationson thcirRciigion and Liberties J for a little cppoficion without any defence will quickly rum any Prince. To take a Crown from a Prince, andhisLiberry and Life with it, and to fuffcr him to leave his Crown if he plifafes, andtodcfert hisGyvtrnment, arcfwo very different things. I cannot indeed think(neither do I believe>that any body elfe does) that for a King to leave his Ore wn and Government in afright is in all cafes nect iTarily to be interpreted fuch an Abdi- cation as isequivalent toa voluntary Refignation ;,• whereby he renountes all future Right and Claim to it. Burif he have reduced himfelf to fucha flate, that he is forced for his own prctervation to leave his Kingdom and Government i it is plain, that in forae fcnfc he leaves his Throne Vacant too, that is, there is no body in it, nobody in the Adual Ad- niinifcration of the Government. Thusfar I think Subjects maybe veryguiltlefs, who do not drive the King away, but only fuffer him quietly to cfcape out of his'Kingdoms ; for this is no Rebellion, no Refinance, hm on^Y Non-^fftfiaticey which may be very innocent ; for there are fome cafes, whereia Subjects are not bound to allift their Prince; and if ever there were fuch a cafe, tbiswasit. WbatthenfhallSubjcds do, whenthe King is gone, and the Government DifTolved, the People left in the Hands of another Prince, without any Reafon, or any Authority, or «ny formed Power, tooppofehim > The Government muft be Adminiftrcd by fomc body uniefs we can be contented, that the Rabble fhould Govern. But Ifhallnot meddle with that Interval, bet ween the going away of the King, and the . Prince's coming to the Throne ; but only confidcr him as placed in the Throne, and fettled there. And now we can find no alteration in the Ancient Government of the Nation,but only the exchange of Pcrfons; and all things concur to make this a very advantageous and acceptable Change, excepting fuch difficulties, as ufually accompany fuch Revolutions, TheAiowdy/A^sisthefamefiill, and the TJE>reee/?rfrey of the Nation the fame ; theChurch ofEttgUnd, and the Laws; and Liberties of the Nation fccured,- and no profpe^ of fecur- ing them by any other means ; fothat here is nothing to prejudice any Man againfV the prefcnt Government, orto makethc Reftorationof th-' difpoflcflcd Prince neccffary, as there was in the late Ufurpation, but only a miftaken Notion of Allej^iance to that Prince, whom we fuppofe to have the Legal Right though he be difpofKlTed, and another Eftab- hfhed in his Throne ; which 1 have already proved to be a miftake. But not to difpute the Legal Right ( which is nothing to my prefent purpofe ) here is a fettled Government, which was not in the former Cafe, Their prc(cntM< Crown Upon of the matter, ire bound by no Law hat I kl ■^^^^' ""ho have no legal Cognizanct have owned, though they fhould think the RtuT,°n'fl°*';/^*'!S' «'^«"' the £/?a,« rule private Subkftsinthefecafes, evr,^ a„3 1^"" "• ^^Authority may not over, .her Obedience to a King, who is placed t ^ T" P'ri'' °P'"'°"^' ^''-^ i"ftifi« who have ,,0 Authority to Judge, andno Power to Kem''Ti:'"^^'"' '"^^"V "'"("e wherein Subieasmuftacquiefce in the dete-mrl,,-(, T''"' ^'^ "umerous C;,fcs, mink a legal Right : The'reafon and „ec rn^™'f"r ' ''S'''^"'''ority,goinft „hat,he; whichgivtsaR.oht, will not allow u,,n It °'"""'"' '"I"'^«»i '"J the Law. And therefore it d-oes not follow nTerlv^.o;;^''';^','""' ^f^' '^g'-t^ k^' Authoritv.' bound mC»»/-«eMe to cwnnoKinc L,°? ''",^"' of Succeffion, that Subjifts are fcience in Obedience to ],,ws, isthe^^nk ,bin"?ll, '^^'^"'. ""'' ^"'^ Duty and Con. J , T4,o- ! have not skill enou»h in LaJ 1 """^ "'?'"'''"8 '^'"• in this point ; yet it is the declared TuH.c *'„° f?"!; "V'T J: '"}'' <"" Conftitntion allow, and fo far as, can learn, .hemoftcorrmr/„^r , '''/^''^ ^-'•'Vers o( fo'"'" days, a'low andrequire Allegiance to a KtnTr/' a " ?"'"-''"!,^ J^"'"" '^'"' ^''"«'^'- Laws do Ugal Right. And,his^he) ha ve d o.^t-^^tp^t'' 'i f '^ CA, ]4. CmU the Ju.%esinE*.„r Caf^ J!' ^''^^ ''L^'''/"'' '■'S'^-'f"' Kings, as my Lord .B»,i£»;«in,l,eTryal oltheRcufcdes inf '^ °' ^''' J"^ ""'"' "'V ^"^-^ f* ]«]?. but would no, alio; his Cafe to be w thi.^ theT" • " '^7'''' 'l" ' "'«' ='"°*''J '^e Law nreerly about the Senfe of the taw. TjudiChT^K- u^°"' '^^'" ''^' I'''"!'"'' i' and a great deal more thani can pretend to^w!'l*''^t*a ''"I"'''" f™«killi„Law. fcience! Whether to adhere tomvoJ„Tj '"''" '!''=« "^y to rcfolve my Con. of the ableft Judgrs and Lawyers, *^orTo !^.7""!r'.'S;>'nft thejudgements and Opinions generally agree in It ),hoU not c;mpXndIhrR^rn ^''^T-Z' < *''^" '"'"^^ "'» In tnoral and nitural Duties, whicS /„, 'Z^"'^°"' °'l^"' 0|>'ni"ns > the Cafe is different; we muft not here r^f u "n™''' '"1 '^"'* ""^"^'^^ f<" hinrfelf. the Reafon and Sentiments of our own M „Y »'holly upon Authority, efpecially not againft ovcr-tulemeer Doubts and Scruples k' Ik I n r "T^'' '? '''" ^^'' °f S'"' ■"<"« "> law, andweconcludethattobeomDn^iu^r'^ ?**"''''""'" """ P«'"' °f That Tu jges and learned Lawyers Xdal I J ' t \'^ ^««™'"«, I am o( Opinion. anyByafsonthem, oranyp^^fpiof ou '^n"r" a'I^"'"^"^^^^^ they underftand the taw bell. *^" prefent Affairs, are the beft Cajuijls, becaufe That we muft obey and fubmit fn ,v... D • . _ enjoyn ; and we muft not fufft a„° m,!"^^ ^^'"'' "'''^ '•■' ^»*» "^'^"^ ""''"- ''^°'" "'Vflifedof wilthefeMen, whogroufj hef DiJentZ'n^'^'f'^ '' f'^''""' ^^'S^' ^'^"- ^ow fionofthetaw? Kthey will,"o Wlw d.^r • r^'" °' '*" ^*"'^' abide by the Deci. Objeftion! IftheywiH, Who mrftTnlrri! .°T' ^'"."^ ""^"^ ''• ^"" ""'»'»'«"«= piufttheylcarnit; fotewyLTL,/" ' ''' f'"/'°f"'' ^=«'. an*/?€rH<*//, and is! ike to be fo ?gain, ifwethmk fit to try it? Idonotthinkitfodangercustomiftakeina humasi Law, as in natural or divine Laws: curObhgjticntoobey human Laws, is that Obdi^nce which is duf toG over'^men , aiid then whatever we apprehend the Scnfc of the law to be, wc muft not prerend to obey hu- man Laws in cur Scnfc, in ( ppofition to G .vcrnment ; if we miflake with Authority , and obey the Law ;n thitSenfe which has been allowed in all Reigns, even of the mof^ rightful Kings, wearefaff inConfciencc; Anihc who will advance another Send of the Lsw, upon confidence oHsis own private Judgeiiieot, and verture his Eftate and Fortune, his iibeityand Lifeonit, I think does neither wXcly for himfcU, nor payes that deference he pretends to Government. Buthereisan Oath concerned, and danger of Perjury, if having fwovn Allegiance tp K.. TrfiKfS while he is living, wcfwear away our Allegiance froni him to K, iVilUam znH Q. Mary. But I fuDp.*fc legal Oaths mud be expounded by the Laws j and if by the Law of the Land Allegiance to K, J^wejcesfcs, a^bcingoutof Pcffleffion, cur Oath can oblige us no longer ;,^nd if by the Law of the LanJ we owe Allegiance to K, William and Q. Muf^ asin PoffcfTionot rheThronc, thenwcsiiay, and ought, to fwcar Allegiance to them: •Andthis being a point o{ Li5W, mull be decided by the proper judges of it ^ for, if we keep anOa'h wficnthe Lawdoesnotallowit, andrefufeanoach when the Law requires it, wc trangrtfa the Law. And this is not the only legal Oath, wherein Men govern thcaf Ives b^ Judgements of Law, 1 am fure asniuch,3ndl think more plainly againft tlie exprefs K''ords of the Law, thancanbepvetendedinrbeOathof Allegiance 5 1 mean the 0,:thofS/wo»3(, lA which Men fwcar in as genera^ \S^c>i"dsasc5nbrthouohtof,ag^-infl all Bargains orGontrsftsi -cither dirrdL or inJitectly. for the obtaining fucha Living, or Spiritual k^rcFermentj and yet jiake no SciUpkot any fuchContracls.as are not adjudg«°d 5i'^c»>' in Ki^ epminfier- h'all,Vco* they fi*<'m inclu kd in thofe gc-neral \5(7orQs. An^ if wc will not allow it to be a fafe Rule of Confcience to obey Laws, and to take leg^ Oaths, in that Stnfe which Courts of Juflicc, or iearned Ju-'^-es and Lawyers give of them,thi/ we miifl abide by their Judgements when it comes to be tried whs^ther wc have broken or kept thefe Laws 5 Subjids are in an illConditi- on bofh with rrfpeft to their Ccnfcienci^s, their Lives and Eflares. Thismigh very well ferve in Anfwer to t4ic Arg jmtm from Law ; for it is acknowlcd^ •«/??*;? Seignior le Koy n-ithiynhe 7 c-f-vierr oj this Statute ;andHjeoiher that hatk F.ight, and is out of PafTeffian, is not ivit'.^n the ^B, It is too long a Book to be pirneular-c 'lyanfweredherei bat as I apprehend, his F.tult is, that he does not reafon right upon mat- ters of Fad 5 and feme of his fundamental Miflskesmay be anfweredina fmall compafs; •and r choofe the rather to do it, becaufc they are the very' fame miftakes that impofed^upon me for fome time. . ' ^" Our Author think?, Utfouldjtem a very o^d ^tmf^innjonnjtoasky touching the Laws ^' ^ 1^4/ 4r€mdf in ttny fctthd Monarch} for tht Dejmf ofiht iUfi^s ^(rfen, Crwa and Vig- 5 6 Vie Cafe of the Allegiance ftUy, H^hismeanthytheKingittthefeLaws'i the UwJhI ar^d rightful Kittgo/ that Realm, w r^one that gets into theVofesfion ofthe i hrone, tho' he benn a YighiJulKing.butan nfuiper? Now this (cemsto nie no odd Qacftion at al! j )oi' when the Law ©nly mentions the King, andtheLawmakcrscertainly knew that Kinas without a legal Right do often afcend the Throne ; i^' they had intended to except ail fuchUfurpers, they fhould have faid fo : for i Kingdefa^o, as the Ch. Juft. afferts," is ^eig.narlt Koy , or King j and there is no other King bat he : for King fignifies that Perfon who has the Supreme G.)vc. n.iient in the NatU ©n i A Kinga!d have the Govern- Bient, but has it not j that is, who of Right (liould be King, but is not : and the Statute of Trcafon tells us what is Treafon agair^ft him who isKing, notagainft him whofhouldbc, but is not King. But he proves, this Statute can intend only a King de jure, becaufc it makrsitTreafon to kill the King's ddeft Son, to violate the Queen, or tne Prince's Wife, or the King's cldeft Bauiihtcr, all which, is to fccurc the iuccelTion to the Crown, and thercforecajinot concern anUfurpcr, who has no Right himfelt, and therefore his Heirs iiave no Right to Succefl^on j and wc cannot fuppofcthat the Law Ihould take care to fccurc ihcSucctfTiontothePofterity ofanUfurper. f.8. But this is no Argument to me i for the Law looks upon the Crown as Hereditary, and the Change of the Perfon or Royal Family, docs not make the Crown ceafe to be Heredi- tary j and therefore whoever has Poflcdion of the Crown, has an hereditary Crown, and leaves it to his Heirs, as long as they can keep it -, as is plain from the Example cjf the three Henries, who fuccecded each other. And this is Reafon enough, why the UwOiould make no difference upon this Account between a King defaUo c^ dejure. But, my Lord ch. J«i9,Cookc does not found his Glofs upon the fundamental Conftitutton if the Realm, tha'methiribhc (hould have underftood it as well as our Author. But what is thisfundamental Conftitution? Why, The Kegal Authority, nndthe^llegianceofthe UbjeBs, i4 apbrobriated to the lawful and rightful King. But where docs he find this fun- damcntal Conftltution?The fundamental conft.tution, I take te be an hereditary Monarchy ; not that the Monarchy fhould continue always in fuch a Family j for t hat may fail, or may be changed by Conquefts orllfurpations, as has often been, and the Conftitution continue. The nicflthat can befaid is, that when any particular Family, by f he Providence of God, and t'rc Conlcntand Submiffionof the People^ is placed m the Throne, of Right the Crown ought to defcend to the Heir of that Family ; but fuppofc it does not ,mult we pay Allegiance to no other Perfon, tho'DofTeflcd of the Throne? Let him Qiew me that fundamental Gonftitu- lion, for ameer Hereditary Monarchy does not prove it j and according to the Judgment of the bsft Lawyer?, theLawsofthc Land require the contrary, thatwe mud pay our Alle- giance to him who is saually King, not to h.m who ought to hav-c been King, but is not. Andtothmktoconfure this bv pretending the fundamental ConftiiUtion of an Hereditary Monarchy, istotakcth-^tfororantcdwhicboughttohave been proved. ThcOucflionisnot, Whether th- Monmhy be Heredirary, that is agreed ; batwhether in an He rditary Monarchy we n uft pay Alleaiancc to no Pilnce who is not legal Heir, tho» pofTened ofthe Throne ; Th's the Liwyers 3cny. and produce Law for rt. and if there be fuch laws, it is certain by Law we may pay Allegiance to a King m Polkfiion, notwith- ftandin^ rh- Tundamen al Conflitution of an Hereditary Monarchy? for the Law, which makesone, allows and commands the other ; and thenit isan Hereditary Monarchy with this rrf^rve ; of paying Allegiance to the King in Fofllflion, when the legal ricir cannot ob- Andthisltakctobeayerv wife Conftir«tion, which fecures the King's Right, as far as LawcasdQiti ^tif tbc King ftiould be deprived of his Right ( which ihcfc-xpcricncc of all Ages proves he may be, does not think fit, that the Govanmcnt {houM (Ink with hirn, and therefore niAkcs provifi. n for the fecuriry of the GoverrT;ent and of Sub)-. 6ts un^^^ the Regnant Priocf, which the Rrafonsand Ncceditics of Government require and juftific, though r her*? had bfcn no Law tor it 3. He fays, my \ or d Jlo.kesGlofs is contrary to the CanHant praBice and Cultomofthe "Biecilm. For ifTreafon by the CuNm and \'ruBice of the Realm Uj ortij again(i a King in 's^oj- F- ' fejfiou of the Crcnn and Kingdom, then. 1. rhofeonly wohU be attainted by our Kings and? ayliaments» rt>ho aUed againftaKtng in Tofcfion. 2, And then certainly a Khg in Vojfe(Jion him'elf, cannot begi'Hty ofTreafon Jotrvhathe .does vhileinVopefionaguinfl a King out ofpo^ffion And yrtwhen a King de jure has regained his Throne, the King £/e/*ff{/ and kis A^hcicnrs have been attainted bylailiamtnt for Ofurping the Throne, and oppcfing the right ol the King rfe/wre. l* k * Inanfwerto this, lobferve, i. That this does not prove thnt any one ^^ "^^ f Treafon againrta KiBg tie jure, Is not Trcafon when coR,mitted againft a Kmgtfe JaBo', nowihatis enough to prove, that Allegiance is by Law due to 2i Kw%deJtCtOy it Treafon iv.ay be committed againft him : for no Trcafon can be ccmir.itttd, where no Allegiance is due. . Thisisconfcflcdj ihatalKuch Afts, as arc Treafan againft a TiTino de jure, are Trealon when committed ;5gaiaft a Xing tfe^irffo, but nor, fay they, becaufe Allegiance is ^"^J^° bira, but becaufe they are againft the Order of Government, and therefore arc Trealon b]f theprtfumed confentoftheXing Not from the prefumed Confeat of the King (f*;«rf, which is great non-tenfe to fuppofcl "but from the Pofll'ftion of the Throne, to which the Law it felf, aswcllasthc Principlesof Reafon and Religion, have annexed the Aufhority of Govcinmrnr. 2, As for the Attainders of Kings S« and their Adherents in Parliament, that does not prove that Subjcas cannot be guilty of Treafon againft a King in Pcflefllon. nor thac the Statute of Treafon does not relate toaKing inPoflcftion: for the Statute o^ Treafon does not relate to the difpures of Princes, buttothc Order of Govcmircnr,- and therefore mayrclatctoaKinginpoiT^ffion^^ti^ugliJ^^g binafclf, if he be an Ulurpcr, when n^ay be attainted of Treafon for his UfLrnatfnn ' ' '^^' "^''^ ^ '^""^'^'^ ^^^°r^> And thefethinss areas con fjftenf asfrjc! i volutions happen, a^dycttodifcoura^a iXlm/'^^ '^ ^^'«" f^<^h re- And yet th^ rruth is, there is no Am m '^1 ^>}^^rpmous. 55a Comperitionforthc Crown^hcreTrd'^utt bnrri^"^^^''; ^^^ ^^^"^^"' ^f'^^^- cr^.y.re, will attaint bis Rfval and a his Ad^^^^^^^^^ ^''^^^^'"? ^^^^^« snd He^,;;). VK between i^/c/,.,^ Ill, 3„'/r^^^ Thusitwas betv^een Edward iV, this is no proof, what the Lav^ of the Land is h, J I n "l "^^^ "^"^ another, and waysfavouredtheKinginPo/Tefllon. ' "' improves, that Pailiam ents have alw ^o'/thl^^^Ta:^^^^^ whether de jureor Cromun?arUament 39. H. 6, andft las f-XtlH "^^^ Mi» h^ claim to tht But 1 would fain know what kind of Tf and allowed by them, none upon Earth, appeals in fuch Cpfcscarhrm,?''''' ^ ^^'^'''"'"'' ^^ whom, or to a little improvement o( the Ar^umenwonuLTfo-^^^^^ ^'"'"^ ^« ^^e Crown? ciV.'e(}mm!ler.Hall to receivea Comnfalt .nH ^ f ^ T'''^"" ' ^^^' ^"^ «f ^'^^ Courts If hehad n„d, that the Law had a &' s! ' a^ ^"^''J^f a Caufeag.inft the King. King in Po(T,lIIon, this had proved 1 ^p.tfrh'.f^ '" ^^'^V^' '^' ^'"^ ^' ^'^^ ^g^^'"^^^^ inPofieOIon ; but there is m> fuch L vv^s h^^^^ againllaKing the King, andrhit, %s my Lord Co I T. ^e 1^^ Treafon to fight againS ferve forth, defence oL,,l^Z^^^^^^^^ without making arty res it feems the Wd'dam of the Nat^Ts „ot ! ^^^'"^' L'''' ^^^" ^"^ ^^ ^^^^^'^^ " ^ Fo^ Wars when fuch a Rcvolurbn "an e s"'^^^ L n3^^'^'. "^'^^ \ "^^^ ^" ''^^'^^ ^^'^^'^ An appeal to Parliament is a nmn^r v^ J ! . ^''y '"^ ""^'^"'^ Submidlon. when tilere is a Compct rbn "bu Thou.Vf t'^?. "^^ Crown belong., Wars, Ver ihcneceflity of Government ?i^ °^^^^^^^« Civil fideofthcKin^inPoir.ffion and ^^ n ,-1. a i^' Law fhould a!way,be on the rc^f^ds u:o»ldlo,'>i_t,poH theKin^in^oir.ir,,n ^ °',^ '.""''; ^f^"Z ^^ ^'Mon, then the Lavj in other eurLa^ allows them the name Of Kings \uV/™wf^^^^^ But he has anfwcred this hinifelf, rhst tbatis, cur-Laws do not allowthoferfbeTeL . f^f^v. 'k ^^'"^^^-T ^^a. to be Kin|S3se;c^rcilingtheReg..lPowe / lid ;^^^^^ ™^- but yer alIo.v them rpe-'knopfenfe? And yet heilvouldreoi^raberthat e7 rv ? ha/e more uniefs our La«-sfIaouI4 yi. Parli.maht.sthe ^^«->. had from fXT.ihe^ ^'^^^' ^^^« hard words from H. 2. Heobfcrves, thatr//^Z,^iurfof, ;,of/,^t„._;, /""7^^^- ^ ^ ,.. ^«^;^r;,.K, <» valid and aHthorUative in ttZ?^"f^ ^ofetPon , if Kings; andyethehimfelfconfefles,thtS^^^^ Iknownothowtheir A£h louldl^ . ^dt't^^^^ V^^5'V'^"g^ ^^^^ no Authority, i^entgivcsAutJioritytoruchKingstnd he ^Aft!;i^^^^^^^^^ thisandthcprelumedConrenrjisbeenSdfreTake"dv^ ^nd^that had bcco Scnfej but anUvertoitisvcrvLame, that fomeof the^TAa. oHr'. f' ^ ^^ "e J^ood Laws mil; and h,s l^eafons, th^i the 'Jnivcrflcies and orher ReliSous FoJnrf/ri?^^^ rcrthefnne f es Reigns, though confirmed by Aft of P fi °mem • Ih h^^^^^^^^ *^ ^'" i" ^'^ ^^^"»^ ^'i"- ^ - • Xoiveis: fumed 7)ue to%overetgnTowers, kt, 3 9 powers: Eiitwhensll rublickAasmadeby Tarlkments called by Kin^s ^. M. *»;' fC^J'-'d ^nd ownMf, rcood Laws without cnv new Confiriraion, that is prootenouch that they tncugiu the Au- thority fufficienr, .vherebv they were made, though the King h3c not a Legal I^.'S^'^- . Butvetlctmeadd, that had it teen the conft..nt and uriveiUlnaaicc lor the ILix^gtdejt'.rc. ^Lzn thcrretum-d to their Crowns, to conhrm all the judiciol Atis, Grants, Statutes, ir^. ot he K r.^s dehci., thishad been evidence enough, that the Necefimes of Government ^^^1^*^^ ' /[^^^;^^^jl^. A£ts of Kings def..^o fiiould be valid ; for thu is the only Reafon why they are confirmco by a .egal Auti^criry; becaufeitisneccfiliry they ftcuid be valid, and yet convenient l^i the difcouragemen offuchUluipat.ons, that they fkoidd not be thought valid ,,vMthout a Irgal Confiimatiori, but what the necefluyof Government makes valid, isvalidin it leli wuhoutany new Confiimation ; though theRcafonscf^atcm-.vmakeruchaContirmationuIetul. _ . u- r »„«»,,<: m<, Tlic next thing he underrakes to anfv^er is B.-ggot^s Cafe, conceihing the validity of hjs Tatent of Na- turalization granted by H. VL who wss cnlv King de facio ; though it were net confirmed by the Statute 1 EdAV. This he branches out into leverp'l Particulars, and fays a great ded about it, but nothing; w: HealwaystakesSanftuarym his old Salvoes of the ncccffivy otthe Goverriment, andthepte- med Conlcntolihe King ^^;«rr, which hive been fufficiently ccnfidercd already Allthatlfhall conclude from this cafe rwhich Imuft taUeas he has reprGfentedit) isthis; thatthc neccnityof Government (for both the judges and Council underftood things better than to urge ths prcftimedconftnr of tht I\>r,g dejHre.) gives Authority to all thofe Ads of a King deJaUc, which are lot the Adm.iniftration of Turticc, and belong to Sovereign Towers; and then by the fame rcalon, they muft juftifieSnbjeasin paying Allesisnce to fuch Kings; for this is neceilary to Gciiernmenr. Cur Author will dlow this in 2llc:,re-s which aic not agunlt the Intereftot the dilpofielled frmce; but ihisisto allow nothing, forthe verypbfieffion ot the Throne, and every Aft of Authority rhe King ae^<:?«does, isagainltthe Intereft of the King ^ei«>c •• Buthe fcemsallaiong tomiltakc 0//r/ »mi GrJinrs, to thsDiminu:ionot:heCro-wn r*bich they '.ould not a'low toftand good , when rhc K^ng^« j^r^ returned) foiall Adsagainfl the PerlOHal Right and Inteieft of theKmc; ^f ;«« ■ But tne D:- mir.HnivQfthiQnwn, zxidthe T^^bt if theltrjon^ arc very diSetent thaigs, ashemlleah!y lee, when he ccnfidersit again. . . , . ^ , „. . n rr i •• As for the Stature! I H. 7- which indemnifies Subjeasm FigQtirgfor the King inpsflellion,- he p, ,.j? for the t;mehttng ; but whether a rreamble DC Law orno. iris an Authoritative Dechmion of the Lav/, and that isa lufficicnt RuhforSubjeftsj and u '2jHi-3. concc'rnsKingsinroflcIlior, itisenaciedthcre. 2. Hcv.iil not dlow this Fte.-mble to be a drefi and pofitive DeclaratieK of the Law; bccaufe the p, 17, iC^n9 0C\\j iayf, th^ithecall: to remcmhance his Subjects duty of -_4l'e^i-incc, 5cc But ittheKmg and J>ath-imcntdeclar(?, that they rcn.cniber , this is the duty of Al egiance. does not th-t dechrc their Opinion, that it is a duty s'seHectujliy ascan be done in any other torni of words 3 nay IbrrewJiat more, forwhatthey remember, they cechtewis fabeioic, '„nd not made lonrw, nieerljf by their Declaration; and whatthe i'arliamentluppofesaud takesforgtirtcd, ittr.ore efftwluilly declares. Sdly. He fays, -whc-.r it Luddovaitnthe I>re.%mble^ is txprify falfe that it t< not reafonMc^ hut A- p. Zf » guinfl- &il LavJSy K^enfon^ andgoodCnyieme, that ihe Subjects going-jjith their Sovtrtt^i Lerdto Wars^ ^■■:y thifig/koyJd lofe or forfeit ftr detnviije.r rme Dtty andService of ^iUcgiance -^ Nowif thisbe falfe, 1 know not what can be true; is the contrary to it true? thatit is agreeable »»/.4w , 7{eafon y a-id good €onfdenct, that Subjefts ftiould lol.t ot forft^it any thing for Fighting tor their King ? But th:s is mefi.nt -0f Fight m: for a-fiVfurper agjiinjt their Uvj ft*'- I\:ng. And yet here is not one wcrd cf VJurper, or/^t:.'- fulK^ngy hwioai Sovereign Lordy whom the Lnv requires US to own for our i-cvereign ; audit isa- gsinftLaw, Reafon, and good Confcience, rha-Subje^s Ihould fuffctfor Fighting for any Frincc, .Whatever ijisTitle be, wiiom the Law ocvusfei Sovereign atihattime: Th?r Kings and Parliaments 9S he urges, have attainted Subjcftsupon Inch accounts, does net prove, thit it was iiot againft Lavr and F.cafo'n and good Confcience 10 uo lb; aivd it leems H- 71 who had done this himfelr wasnovv convinced of it, and took cate to provide it- Aipuldbe fono more. lam (i;re my Lord BJconf-.ycs. this Law was rather ;»? r/;.rs legal ; and thcretcie owned the Reafon and good Confcience of ;», though he demurred aboutthe legality. But our Author will be fo liberal, asto grant, that all this xu^yf r/;^ Viody of the Statmre And a direH P- 2>» 2,jxy;then!tisplain, thit Sub J5£ts might by Law Fight for rheKing in poficflion. andiheir Allegi- sncc would obligcthemtoit. No, hefays, it vjili remain to l/e itonjidertd^ vjhethcr the 6tatvAc t\:i}lt iotktd upon :ii -valid and il/ligator} ; an 1 he thinks it is not. I. Bectufe it vj-xs )}jadcLj anVfnrper, andby ^nlJiiitptisVixViirv.tut. This is a bold fircketccall Hf" VILanUlurper, whohadfomany.TitJcs, andnoTitle fet up againft him; end to quef ion the AuihOiityof alaxlumcntwllsSbythcwiiiof aKipginpoffefuon, an^i^ jl'-ny the v^lintyef Ac'^sot p. 3: So that 1 will not dJrn.,tA«t;»j,K; u.... ' ^ o^ncc jnirtaken in th.s marrer, bccaufe after .11 this was done L r^'^i"^"* , ^'°^^ ^ '-"^ ^pt'to thfnk made by H.. VIII. andlilcOathof All,,, bt'c' .ho' In 4i M """?• . ■*' '"' "'^Aftsof !uc„ 1 m «d bri;","'""=' """""""-oft JlJblVtome Sttti'r?'"/ ^':f'' "'=''=''i''ou,re fc, ves .»d the World abou, Law, if nothmg fcU paf forTTnnrf °t """■." ""^ '''= '''^J- '""We th If ou. Author cretullv confider wha, I have afre dv di&^"",', '"^'"^ ''"^ydon'tlike. bea votdLswwKhrerpeatothe Matter, though the ^t^^^^^^^ J'oflbflior Torncnherd:velh the LawfHlI^ingofhuT(,JtotLcr^^^^^^^ ^"^ '"°*^'* good. '- /./:.«: Now a very feort atife will ferve f or thi's For "^ '^^ '" ''^''' ""^ '^*"*^^^ i.K.«^.» r u^uh a Regal Authority; nothe. who has Sto doit hnri^^'^'V'*'''!^^^"^ '^'^ Govcmmi may r^am the Ttae of King, buthehasnothtge/re ' ' ^'^' ^'°™^'' ^'^^''' f^haPriD the Law may determine how far L RixCftall^xtend ^n/i"? "'^ ^'8^' ^"^ by Law, and th fenr, and amhority of the Eftate5 of the Realm TconfideHn. h '' ^^^ ^i"*'5^^ ^y ^^e ai.ice, co Pimce who hjs no Legal Rieh^ p«<; Port^^^ ( coniidering how often fuch cafes haooen rhVi -ranees occ.fion,and\p^^^^^^^^ Jiould think fit, forthcfecuruy oftheeomnmentVnd ^1?! V ^ ■°' '}'' *^'"8 '" 'offe^^o. Sub;eas to the rcfi.-ffion of the Throne whfrJn?^ • ^^ ^'<^^ '"^^' '« bind the AJleeiaDce( tight be bounded -ad limited by Lr.7xwfym^^ ^"'^ ^^^'^ *hy may nltlTeg the beftproviGon 'hey can to prefer.e the Gove^ZTr^c '^^'T^ Authority of the Nition mal the Concienccs of sibjeas,iS jr rerolSons a™"o rL^^^^^^^ Governraen-s Will not alwayes piocttd in It^nUrlrr},^ can prevent? Sit^cehumar from the Conlhtution, butneccfl°rymfuchfu 'du^^^^^^^ ''l^'ch areexcepTio ^ ThusIhavefairlyreprerentedSmy thoighS^^^^^^^^^ ioi fatij ^:mimBm of ciuwiBBiiii AT LOS AXIGKLIS LIBRARY ^S?^'-