Obedience due to the present King, notwithstanding our oaths to the former written by a divine of the Church of England. Fullwood, Francis, d. 1693. 1689 Approx. 18 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A40717 Wing F2511 ESTC R7191 12417307 ocm 12417307 61721 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40717) Transcribed from: (Early English Books Online ; image set 61721) Images scanned from microfilm: (Early English books, 1641-1700 ; 938:37) Obedience due to the present King, notwithstanding our oaths to the former written by a divine of the Church of England. Fullwood, Francis, d. 1693. [2], 8 p. Printed for Awnsham Churchill, London : 1689. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Obedience -- Early works to 1800. Great Britain -- Colonies -- Administration -- Pamphlets. 2007-01 TCP Assigned for keying and markup 2007-01 Apex CoVantage Keyed and coded from ProQuest page images 2007-02 Mona Logarbo Sampled and proofread 2007-02 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion OBEDIENCE DUE TO THE Present KING , Notwithstanding our OATHS TO THE FORMER . Written by a DIVINE of the CHURCH of ENGLAND . LONDON , Printed for Awnsham Churchill , 1689. OBEDIENCE Due to the Present KING , Notwithstanding our OATHS To the FORMER . 1. THE Oath of Allegiance is the Expression of our Natural Duty to the King ( as the Coronation-Oath is of the Regal ; which in Nature is antecedent to it ) 't is especially signified in these Words , I will bear Faith and true Allegiance to his Majesty , his Heirs and Successors , and him and them will Defend against all Attempts , which shall be made against his or their Persons , their Crown and Dignity . 2. If the King do manifestly separate his Person from , and engage it against his Crown and Dignity ; so that we cannot Defend them both : I mean , if his Personal Actions , contrary to Law , do directly and openly tend to the prejudice and spoiling of his Crown and Dignity , by his voluntary subjecting them to a Foreign Power , contrary to the plain and primary intention and Letter of the Oath ; subverting the Legal Constitution , and enervating the very Laws by which his Crown is supported , his Prerogative is measured , and the Dignity of the King , as such , hath its very being , as well as the safety of his People is maintained ; certainly , in such a Case , none can be bound by this , or any other Oath , to Defend the King's Person , in attempts so contrary to the very Reason and End of all Government , with the neglect of the other part of our Duty , which is to Defend his Crown and Dignity . 3. The Oath of Supremacy seems to direct us more clearly in this difficulty ; the words are , I shall bear Faith and true Allegiance to the King's Highness ; but how ? it follows , and to my Power shall Assist and Defend all Jurisdictions , Priviledges , Preheminences and Authorities , Granted or belonging to the King , or annex'd and united to the Imperial Crown of this Realm ; that is , thus we are to bear Faith and Allegiance to the King. 4. For if we should be bound to Assist and Defend his Person , when it is , and as it is engaged against his Crown and Dignity , we seem bound , toto posse & totis viribus ( so far Defence is expounded ) to Assist and Contribute to the Ruine both of our King and Country , and perhaps to the cutting of our own Throats . 5. If any should imagine , That the Oath will not suffer us to consider the Person and Crown of the King thus divided ; but that it binds us to assist and defend them together : 't is true , while they are kept together . But if the King himself divide them , and 't is become impossible for us to Assist his Person but we must Betray his Crown ; nor Defend his Crown without forbearing to assist his Person ; to say , now we are bound to Assist and Defend both , makes a plain Repugnancy in the Oath , and in our Duty ( to do and not to do the same thing ) and consequently the Obligation ceaseth . 6. That we are bound by our Allegiance to Assist the Person of the King , to the prejudice of his Crown and People , seems not only to be against the light of Nature , the primary End of it being the safety of his Kingdom , and the safety of the King but the secondary end of it ; but most agreeable to the sense of our Ancient and Learned Lawyers , and also , of the plain acknowledgment and profession of Ancient Kings and Parliaments . King Henry I. five Hundred Years agone , told the Pope , Whilst I live , the Authorities and Usages of the Kingdom shall never be diminished : But if I would so Debase my self ( which God forbid ) Magnates mei & totus Angliae populus nullo modo paterentur : The Lords and People of England would by no means suffer it . And Edward I. wrote himself to the same purpose . Besides , with his consent , the Lords and Commons in Parliament , in their Letter to the Pope , have these Words , We do not permit , or in the least will permit ( sicut nec possumus nec debemus ) though our Soveraign Lord the King do , or in the least wise attempt to do any of the Premises ( by owning the Popes Authority touching his Right to Scotland ) so strange a thing , so unlawful , prejudicial , and otherwise unheard of , though the King himself would . Once more , on Record in the Fourth of Henry III. the Commons Declare , Si Dominus Rex & Regni majores hoc vellent ( Adomer's Revocation upon the Popes Order ) Communitas tamen ipsius ingressum in Angliam , nulla tenus sustineret . Now what 's the meaning of all this ? but that the King 's Personal Will , contrary to Law , however expsressed ( for it must be signified by his Words or Actions ) if the performance of it would prejudice his Crown and Dignity , may be resisted . Much less are we bound by our Allegiance to Assist or Defend him in so doing , in Reason , Law , or the sense of our Ancient Kings or Parliaments . Objection . But we Swear to Defend , not only the King , but his Heirs and Lawful Successors . Answer 1. True , but Haeres non est viventis , and the Successor , in Law and Common Sense , is the Person that doth actually succeed , or is in possession . Now if the actual Successor be the Lawful Successor , we are bound by our Oaths to Defend him ; but if he be not the Lawful Successor , none else is so , because none else is the Successor , and consequently , so far the Object and Reason of our Oaths ceasing , our Obligation by them ceaseth , and we are bound to none besides the Person in Possession . 2. 'T is farther remarkable , That though the word Lawful be once in the Oath of Supremacy , 't is only there , where we Swear Faith and Allegiance in General ; but , as if it were intended , that the Subject should not trouble himself about the Title of the King in being , where that Allegiance is explain'd with respect to Practice , the word Lawful is left out in that Oath . It follows there in these Words , — Shall Assist and Defend all Jurisdictions , — Granted or belonging to the Kings Highness , his Heirs and Successors , without the word Lawful . And agreeable hereunto , we find the word wholly left out in the Oath of Allegiance , both in the same place , where we Swear Allegiance in General , as well as in the other place of our more particular Duty ; and it looks as if this was done de Industria , for the same reason , namely , that such as take the Oaths might not think themselves bound thereby to be Sollicitous about the Title to the Crown . 3. The Holy Scriptures seem not to involve the Consciences of private Christians about Princes Titles ; but expresly require their Subjection to the Powers that are , as a great and necessary instance of that Humility and peaceable Behaviour which their Religion teacheth them . 4. In the same Holy Books , we are further most plainly admonish'd , that ( by what means soever obtained ) 't is God that putteth down one , and setteth up another ; and upon that ground too , we are strictly charg'd to Submit to the Powers that are , because they are Ordain'd of God. And tho' the Apostle use the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , I think , none can imagine he intended by it , to determine the lawfulness of Augustus's Title , who was admitted by the Senate ; but rather , to inforce that Obedience that he presseth the Christians to yield , by this Consideration , That all Authority is from God ; and in its true Nature and by God's Ordinance , intended for our Good. 5. The known Statute of 11 H. 7. 1. is of the same import , and grounded , we find , upon the like Reason and H. Scripture , it gives us way to this plain inference , that the same duty which we owe to a lawful King , is to be performed to the King in being ; that is , to the King in Possession ; and that no other King or future Parliament can in Reason , Law , or good Conscience , upon any pretence of Usurpation in the Possessor of the Crown , or any Disloyalty in the Subject , charge us with guilt , for Serving or defending the King in Possession . The Subjects therefore , might lawfully fight for him , and consequently take the Military Oath ; in Reason ( by the Law of Nature ) in Law , by the Law of the Land ; in all good Conscience , that is , by the Law of God , in the H. Scriptures . 6. Hereupon , my Lord Coke's words are notable : This Act , saith he ( meaning 25 Ed. 3. about Treason ) is to be understood of a King in Possession of the Crown and Kingdom : for if there be a King Regnant in Possession , altho' he be Rex de facto and non de jure , yet is he Seignior le Roy , within the purview of this Statute ; and the other , that hath Right and is ▪ out of Possession , is not within this Act. Nay , saith he , if Treason be committed against a King de facto , and non de jure , and after the King de jure come to the Crown , he shall punish the Treason done to the King de facto ; and a pardon granted by a King de jure , that is not also de facto , is void , Inst . 3. l. p. 7. Now if by the Law of the Land , which I think is our only guide in such Cases , Treason may be committed against a King that is so only by Possession , without Right ; and cannot be committed against him that hath Right , and not Possession : seeing he is not within the purview of the Statute , sure , we cannot reasonably be thought to be intangled in such a strait , as to be bound by our Allegiance to commit Treason , which we cannot presume the King in Possession will Pardon , and the Law tells us , the King that hath Right only , cannot . Who therefore would question our liberty to be true and faithful to the King in Possession , so far at least , as not to resist him , or to be Traitors to him ? or to give him assurance thereof by our Oath . The renown'd Casuist Bishop Sanderson would not declare the very Engagement to be unlawful , taken in that lower Sense , to the pretended Commonwealth without any King or House of Lords . 7. Since we have mention'd that excellent Casuist , whose Loyalty , Judgment , Fidelity , and Authority , is unquestionable , 't is sit for us to observe what he hath frequently and without the least hesitancy delivered as his premeditated thoughts about the present case . Having suppos'd a King in Possession only , by Power , if the Query be what is to be done by the Subject that hath Sworn Allegiance to the rightful King : he answers , 't is not only lawful to obey the King in such Possession ; but it often happens that not doing so , [ defuisse Officio ] we are wanting to our duty . Yea ▪ that we owe Subjection to a King in Possession , upon the grounds of Justice , Equity , Charity , and Gratitude , while we enjoy our Liberties and are Protected by him . Exigit hoc a nobis ( Optima aequi boni lex ) vetus illa Commutationum formula , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . & profecto , perversissimae mentis , sub illius dominationis patrocinio , velle vivere cui parere nolis : & cujus protectione gaudeas , ejus imperium detractare . 8. His Third Argument for the Necessity of Obedience to the present Power , however obtained , is taken from the Charity we owe to the Publick , whether Church or State , or which we are Members , and for the good of which we are born ; in quantum igitur illius Societatis , cujus ipse Membrum & pars est , Salus & tranquillitas exigit , eatenus Civis unusquisque imperiis ejus qui de facto — praeest , obtemperare tenetur . Words worthy the most serious reflection of the present Church of England . Read at large his 5th Praelect . But as to the Argument from Gratitude , when we seriously reflect upon our late forlorn and ruinous Condition both in Church and State ; when we call to mind that all our Foundations were put out of course , and our Pillars even broken by the late King 's own ill-guided hands ; and that the Heroick Prince hath been at so great Expence , and exposed himself to so many hazards , in his own Country , at Sea , and here in England , in Compassion both to our Miseries and Infirmities ; when our Land was weak , and all the Inhabitants thereof in an utter disability to rescue or save themselves ; and none under Heaven , within the reach of humane apprehension , besides that one Prince , could possibly effect it ; that glorious Instrument under God , put his hand to support and strengthen , and bear up our Pillars : to Redeem and Secure our Religion , Laws , and Liberties ; and when our late King , either for fear of his Person , or rather of the Issue of Affairs in our Re-establishment , had deserted or abdicated his Kingdom , and left us in Confusion to shift for our Selves ; whose return now cannot be thought of without Horrour : and the present King and Queen , being therefore first Petitioned , to take the Government , have graciously accepted it , upon terms answering all mens desires or interests . I say , when all this is well pondered , the Ground and Argument for our quiet and chearful submission , taken from Gratitude , is indeed too big to be contained in a sheet or two of Paper , or the mind of Man : and Prodigious , beyond the credit of Posterity . Lastly , One would think there was no place left for any further Scruple . The late Change was urged by extream Necessity , and carried on with a wonderful Providence , and perfected with Universal Consent ; it was Eminently the Lords doing , and our own too ; the Government was unhing'd by the late King himself . The present King , &c. was put into Possession by our selves in our Representatives ; who were as freely chosen by us as ever any Parliament was : The Convention had nothing wanting but the previous formality of the Royal Writs , which could not be then had ; that Punctilio of Order , cannot reasonably be supposed to go into the being of the Representative Body ; the want of it , cannot well be thought to prejudice our Election , or Consent to what they have done , whom we chose and entrusted with our Politick Reason and Interest , and in whose Acts , we ought to acquiesce as our own doings , in every thing or Matter of Expediency for the Publick good , not evidently contrary to our Duty to God. In short , The Possession of the Throne , by the Act of the People of England , is now unquestionable ; we have no liberty left us , either to dispute the King's Title , or deny him our Duty . Give unto Caesar the things that are Caesars , &c. FINIS . Notes, typically marginal, from the original text Notes for div A40717-e90 He must be King before we can be bound to him as such . Br●ct Fleta . E 〈…〉 ponere . Rom. 13. Imperatores Rom. fatendum est , non optimo Jure Imperium adeptos . Sanderson . Case of Engag . P. 111.