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before 24 Sep. 1689OBEDIENCE Due to the Preſent KNIG. 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) 'tis eſpecially ſignifyed in theſe Words,He muſt be King before we can be bound to him as ſuch. 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,1〈1 page duplicate〉2do 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: 'tis true, while they are kept together. But if the King himſelf divide them, and 'tis 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 a3 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,Bract, Fleta Ei fraenura ponere. of the plain acknowledgment and profeſſion of Ancient Kings and Parliaments.

King Henry I. five Hundred Years agone, told the Pope, whilſt live, the Authorities and Ʋſages of the Kingdom ſhall ne­ver be diminiſhed: But if I would ſo Debaſe myſelf (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, nullatenus ſustineret.

Now what's the meaning of all this? but that the King's Perſonal Will, contrary to Law, however expreſſed (for it muſt be ſignifyed by his Word 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 or4 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. Tue, 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. 'Tis farther remarkable, That though the word Law­ful be once in the Oath of Supremacy, 'tis 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 King's 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 Swèar 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 of 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 peacable Behaviour which their Religion teacheth them.

54. In the ſame Holy Books, we are farther moſt plainly admoniſh'd that (by what means ſoever obtained) 'tis God that puteth down one, and ſetteth up another; and upon that ground too,Rom. 13. we are ſtrictly charged to Submit to the Powers that are, becauſe they are Ordain'd of God. And tho' the Apo­ſtle uſe the word〈…〉〈 in non-Latin alphabet 〉I think, none can Imagine he intended by it, to determine the Lawfulneſs of Angustus's Title, who was admitted by the Senate; but rather, to inforce that Obedience that he preſſeth the Chriſtians to yeild, by this Conſideration,Imporatore; Rom. ſaten­dum eſt, non optimo Jure Imperium a­depos. San­derſon. That all Authority is from God; and in its true Nature, and by God's Ordinance, intended for our Good.

5. The known Statute of 11 H. 7.1. is of the ſame import, and grounded, we find, upon the like Reaſon and H. Scripture, it gives us way to this plain inference, that the ſame duty which we owe to a Lawful King, is to be performed to the King in Being; that is, to the King in Poſſeſſion; and that no other King or future Parliament can in Reaſon, Law, or good Conſcience, upon any pretence of Uſurpation in the Poſſeſsor of the Crown, or any Diſloyalty in the Subject, charge us with guilt, for Ser­ving or defending the King in Poſſeſſion. The Subjects there­fore, might Lawfully ſight for him, and conſequently take the Military Oath; in Reaſon (by the Law of Nature) in Law, by the Law of the Land; in all good Conſcience, that is, by the Law of God, in the H. Scriptures.

6. Hereupon, my Lord Coke's words are notable: This Act, ſaith he (meaning 25. Ed. 3. about Treaſon) is to be under­ſtood of a King in poſſeſſion of the Crown and Kingdome: for if there be a King Regnant in Poſſeſſion, altho' he be Rex de facto and non de jure, yet is he Seignior le Roy, within the purview of this Statute; and the other, that hath Right and is out of poſ­ſeſſion, is not within this Act.

Nay, ſaith he, if Treaſon be commited againſt a King de facto, and non de jure, and after the King de jure come to the Crown, he ſhall Puniſh the Treaſon done to the King de facto;6 and a Pardon granted by a King de jure, that is not alſo de facto, is voide, Inſt. 3. l. p. 7.

Now if by the Law of the Land, which I think is our only guide in ſuch caſes, Treaſon may be committed againſt a King that is ſo only by Poſſeſſion, without Right; and cannot be committed againſt him that hath Right, and not Poſſeſſion: ſeing he is not within the purview of the Statute, ſure, we can­not reaſonably be thought to be intangled in ſuch a ſtrait, as to be bound by our Allegiance to commit Treaſon, which we cannot preſume the King in Poſſeſſion will Pardon, and the Law tells us, the King that hath Right only, cannot. Who there­fore would queſtion our Liberty to be true and Faithful to the King in Poſſeſſion, ſo far at leaſt, as not to reſiſt him, or to be Traitors to him? or to give him aſſurance thereof by our Oath. The renown'd Caſuiſt Biſhop Sanderſon would not declare the very Engagement to be unlawful,Caſe of Engag p. 111. taken in that lower Senſe, to the pretended Common-wealth without any King or Houſe of Lords.

7. Since we have mentioned that excellent Caſuiſt, whoſe Loyalty, Judgement, Fidelity, and Authority, is unqueſtionable, 'tis fit for us to obſerve what he hath frequently and without the leaſt heſitancy delivered as his premeditated thoughts a­bout the preſent caſe.

Having ſuppos'd a King in Poſſeſſion only, by Power, if the Query be what is to be done by the Subject that hath Sworn Allegiance to the rightful King: he anſwers, 'tis not Law­ful to obey the King in ſuch Poſſeſſion; but it often happens that not doing ſo, [defuiſſe Officio] we are wanting to our duty. Yea, that we owe Subjection to a King in Poſſeſſion, upon the grounds of Juſtice, Equity, Charity, and Gratitude, while we enjoy our Liberties and are Protected by him.

Exigit hoc a nobis (Optima aequi boni lex) vetus illa commuta­tionum formula,〈…〉〈 in non-Latin alphabet 〉. & profecto, perverſiſſimae mentis, ſub illius dominationis patrocinio, velle vivere cui parere nolis:7 & cajus protectione gaudeas, ejus imperium detractare.

8. His third Argument for the Neceſſity of Obedience to the preſent power, however obtained, is taken from the Charity we owe to the publick, whether Church or State, of which we are Members, and for the good of which we are Born; in quantum igitur illius Societatis, cujus ipſe Membrum & pars eſt, Salus & tranquillitas exigit, eatenus Civis unuſquiſqueim­periis ejus qui de facto praeeſt, obtemperare tenetur. Words worthy the moſt ſerious reflection of the preſent Church of England. Read at large his 5th. Praelect.

But as to the Argument from Gratitude, when we ſeriouſly reflect upon our late forlorn and ruinous Condition both in Church and ſtate; when we call to mind that all our Foun­dations were put out of Courſe, and our Pillars even broken by the Late King's own ill guided hands; and that the Heroick Prince hath been at ſo great Expence, and expoſed himſelf to ſo many hazards, in his own Country, at Sea, and here in Eng­land, in Compaſſion both to our Miſeries and Infirmities; when our Land was weak, and all the Inhabitants thereof in an utter diſaiblity to reſcue or ſave themſelves; and none under Hea­ven, within the reach of humane apprehenſion, beſides that one Prince, could poſſibly effect it; that Glorious Inſtrument under God, put his hand to ſupport and ſtrengthen, and bear up our Pillars: To Redeem and ſecure our Religion, Laws, and Liberties; and when our late King, either for fear of his Per­ſon, or rather of the Iſſue of Affairs in our Re-establiſhment, had deſerted or abdicated his Kingdom, and left us in confuſion to ſhift for our ſelves; whoſe return now cannot be thought of with­out Horour: And the preſent King and Queen, being therefore firſt Petitioned, to take the Government, have Graciouſly ac­cepted it, upon terms anſwering all mens deſires or Intereſts. I ſay, when all this is well pondered, the Ground and Ar­gument, for our quiet and chearful ſubmiſſion, taken from Gratitude, is indeed too big to be contained in a ſheet or two8 of Paper, or the mind of Man: And Prodigious, beyond the credit of Poſterity.

Laſtly, One would think there was no place left for any farther Scruple. The late Change was urged by extreme Neceſſity, and carried on with a wonderful Providence, and perfected with Ʋniverſal Conſent; it was eminently the Lord's doing, and our own too; the Government was unhing'd by the late King himſelf The preſent King &c. was put into poſſeſ­ſion by our ſelves in our Repreſentatives; who were as freely choſen by us as ever any Parliament was: The Convention had nothing wanting but the previous formality of the Royal writs, which could not be then had; that Punctilio of order, cannot reaſonably be ſuppoſed to go into the being of the Repreſentative Body; the want of it, cannot well be thought to prejudice our Election or Conſent to what they have done, whom we choſe and entrusted with our Politick Reaſon and Intereſt, and in whoſe Acts, we ought to acquieſce as our own doings, in every thing or matter of Expediency for the Publick good, not evidently contrary to our duty to God.

In ſhort, The Poſſeſſion of the Throne, by the Act of the People of England, is now unquestionable; we have no liberty left us, either to diſpute the King's Title, or deny him our Duty. Give unto Caeſar the things that are Caeſars, &c.


About this transcription

TextObedience due to the present knig [sic], notwithstanding our oaths to the former written by a divine of the Church of England.
AuthorWhitby, Daniel, 1638-1726., ; Fullwood, Francis, d. 1693..
Extent Approx. 17 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images.
SeriesEarly English books online.
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Bibliographic informationObedience due to the present knig [sic], notwithstanding our oaths to the former written by a divine of the Church of England. Whitby, Daniel, 1638-1726., Fullwood, Francis, d. 1693.. 8 p. s.n.,[Edinburgh? :1689?]. (Caption title.) (Ascribed both to Daniel Whitby and (by Wing 2nd ed.) to Francis Fullwood. According to Halkett & Laing the ascription to the latter is erroneous.) (Place and date of publication from Wing (2nd ed.).) (Dated in ms at head of title: before 24 Sep. 1689.) (Reproduction of original in the British Library.)
  • Great Britain -- Kings and rulers -- Succession.
  • Great Britain -- History -- William and Mary, 1689-1702 -- Pamphlets.
  • Great Britain -- History -- Revolution of 1688.

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ImprintAnn Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2).
  • DLPS A85047
  • STC Wing F2512
  • STC ESTC R42367
  • EEBO-CITATION 36273256
  • OCLC ocm 36273256
  • VID 150066

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