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A47295 The duty of allegiance settled upon its true grounds, according to Scripture, reason, and the opinion of the Church in answer to a late book of Dr. William Sherlock, master of the Temple, entituled, The case of the allegiance due to sovereign powers, stated, and resolved, according to Scripture, &c. : with a more particular respect to the oath lately injoyn'd. Kettlewell, John, 1653-1695. 1691 (1691) Wing K366; ESTC R13840 111,563 86

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such Illegal acting And this Inherent and Unexercised Authority claims Obedience to him even at such time that is to keep under his Obedience and not cast it off and rebel against him And the same may be said in case of all other Misuse of Authority for few Mens Principles of Obedience are so loose but they will own it to be still due to ill Kings and Governor who abuse their Authority and 't is strange any Man should believe otherwise that believes the Scriptures But now do not I see why Authority may not have Obedience due it when it is not used as well as when it is misused For what binding Force should there be in misuse To my mind nothing is ever the better for being misused and if misuse can add nothing to it nor lend it any Force whereby to hold the Conscience I fancy it may bind as strongly to Obedience when it cannot be used at all 6. This confining Obedience to actual Exercise and Administration of Government is to make actual Protection or Administration the Condition of it And this will make a Conditionality in the Duty of Relatives a● Protection of Kings and Obedience of Subjects are One will be bound to obey if the other doth protect and so far and so long as he doth actually protect which he always doth most whose Administration is justest and keeps closest to the Laws which are the Cover or Protection they seek and expect who live under a limitted and legal Government And this way according to their keeping or degrees in keeping the Condition there would be one Obedience due to a Protecting and another or sometimes none at all to an Oppresive King one Obedience to a King in his good Days and another in his bad ones and not one and the same according to the Scripture Precepts which neither make nor admit of such Distinctions to all and at all times and like would be the Consequence thereof in the Duties of other Relations The performance of one being the Condition of performing in the other when one breaks the Bond is broke on both and no Tye left on either Whereas though the Persons are Relatives yet in all these States the Duties on each side are Absolute which one is bound in Conscience to perform whether the other do or no. The Author says p. 42. 43. Though Protection and Allegiance are not Relatives yet Government meaning actual Government and Allegiance are such Relatives as do se mut uo ponere tollere or infer or remove each other mutually And to extend Allegiance beyond actual Administration of Government is to preserve a Relative without its Correlate The Difference between Protection and actual Government is only this That actual Government is wider and takes in either actual protecting or oppressing whereas Protecting he there makes to be Administring justly and by Laws and opposes to Opressing Now Allegiance is the act of the Subject as actual Government and Protection are of the Prince Allegiance is the Subject's act only keeping his Duty as Protection is of the King keeping to his Duty But actual Government taking in both Protecting and Oppressing is the act of the King either keeping or breaking his Duty Now if Allegiance which is only the Subject's keeping must not be related to Protection which is the King 's keeping but to actual Government which is either his keeping or breaking his Duty methinks these Relatives are ill match'd and look as if they were not akin And if Alleg●ance relate to any thing since it is only the act of the Subject keeping it should relate to Protection which is the act of the King keeping his Duty And if his other act of Government or Oppressing must have any Relative it should be their Breach of Allegiance which is to break with him as he doth with them For as Performance answers to Performance so should Breach to Breach I imagine in Likeness and Relation But these Acts on either side are not Relatives or Correlates to one another though the Persons are The Acts are the Acts of their several Duties on both sides and those Duties are absolute which each must perform without any regard to the other's Performance Otherwise there is no Duty from a good Wife to a bad Husband or from a good Child to a bad Parent more than from a good Subject to an ill King And yet That such Duty there is towards them is as certain a Rule in Morality and Religion as that he mentions about Relata is in Logick The Relation is between the Persons not between the Acts and Offices which are called Relative Duties though in their Obliga●●on they be absolute only because they are Duties of Persons that stand mutually related And in the Persons his Rule is true Take away one Relative Person and you break the Relation and without its Correlate the Relative cannot remain But if the Prince cannot Govern saith he p. 42. the Subject cannot obey True he cannot obey actual Government when he cannot have it but he may keep under the Obedience of his Governor and obey it as he can as I shewed before till the Governor's Authority is gone or his Government comes to be actual again By all these Reasons I think it may sufficiently appear That the Obedience shewn before to be due to rightful Authority is not tyed to the Exercise and Administration thereof nor to follow Administration of Government without Rightful Authority But is the Due of the Authority whether the Person having and claiming it be in Place and Possession to exercise his Authority or no. 7. And for further Confirmation of all this I shall to all the foregoing Proofs from the Nature and Reason of things and Scriptures in the Seventh place add a Proof of the same which I think will be a good Proof among all English men in a Case of Allegiance required by Law and that is from our own Laws Now That Obedience in the Eye of our Law is due to Rightful Authority i● a dispossessed King is plain because in the Eye of Law Subjects may criminally disobey him If they ought him no Obedience they could not disobey him or deserve to suffer any thing at the hand of Law for not paying Obedience where by Law they ought none But what more common in Law than this towards a dispossessed rightful King Witness the Censure of Law on the Undutifulness shown to King Charles I. when arraigned before the High Court of Justice where he stood utterly dispossessed of all actual Admininistration and on like Disobedience and breach of Allegiance against K. Charles II. during his Dispossession and all the other forementioned Acts declaring Treasons the hight of Disobedience in Practices against dispossessed Rightful Kings as has been observed in Case of Richard the Second of Henry the Eighth's Heirs Q. Mary and others The same may be further evidenced from other Declarations of Law about the Dueness of Allegiance to such dispossessed Kings Whilst