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A40488 A friendly debate between Dr. Kingsman, a dissatisfied clergy-man, and Gratianus Trimmer, a neighbour minister concerning the late thanksgiving-day, the Prince's desent [sic] into England, the nobility and gentries joining with him, the acts of the honourable convention, the nature of our English government, the secret league with France, the oaths of allegiance and supremacy, &c. : with some considerations on Bishop Sanderson and Dr. Falkner about monarchy, oaths, &c. ... / by a minister of the Church of England. Kingsman, Dr.; Minister of the Church of England.; Trimmer, Gratianus. 1689 (1689) Wing F2218; ESTC R18348 69,303 83

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there were Streams of penitent Tears ruuning from our Eyes and more fervant Prayers of the Righteous sent up to Heaven But notwithstanding the great Scarcity of both I think it a great Duty to give thanks to God for delivering us from the Hands of our Enemies K. You do not know but the King's Heart might be changed He did a great deal in a little time for the Satisfaction of the People in restoring Charters and declaring he would Call a Parliament and offered Pardons to his Enemies T. We know these Acts of Grace and when they were made publick Of these see the Sence of the Prince of Orange in his Declaration What if the Counsellors and Tools advised these Acts to Cast us into a sleep and to gain time for French Preparations You may see what the Nation did and what Methods of Proceedings were used What Methods were used for our Preservation 1. Many of our Peers and Gentlemen of Honour and Interest first represented the State of the Kingdom to the Heirs Expectant of the Crown and therein declared That their Hignesses if no Prince be born to the King have an unquestionable Right to defend the Legal Monarchy Rege etiam renitente That the People of England have an Unquestionable Right to seek Assistance from their Royal Highnesses Our Case stated on the Nations part That the Ancient Kings of England acknowledged the Peoples Right to save their Free Government c. See the Memorial p. 26 c. If the Prince and Princess have Right to defend Note this and the People of England a Right to seek that Defence wherein doth the Iniquity of both or of either appear especially considering the Nominal Prince of Wales being not an undoubted Heir Our Case stated on the Prince of Orange's part 2. The Prince and Princess timely dealt with the King in a most dutiful manner proposing Expedients to compose and settle the Nation as appears by Pensioner Fagel's Letter and Vindication But the Contrivers of our Ruine both in Soul and Body proceeding to obstruct all healing Methods His Highness put forth his pious and just Declaration of his Reasons and Intentions to come over into England The Reflections upon it are very wordy and weak See the Declaration 3. If the Prince of Orange had no Interest by proximity of Blood to seek the Preservation of the Church and Kingdom Why might not he come over to us as righteously to deliver us as Our former Kings and Queen Elizabeth have assisted forreign Protestant States and Sufferers by Money and Arms 4. The Miseries of the Protestants in France and Savoy and the Dangers which threatned all Protestant Kingdoms and Sates by the Power and Blood-thirstiness of France and the Popish Confederates awakened Protestant Kings and Princes to prevent the Desosolation of their Countries and Religion to enter into a League and to begin with England to rescue it from its growing Perils and to settle the State of it as knowing what an Influence its Preservation or Destruction would have upon Countries of the same Profession And his Highness the Prince being so deeply engaged in that League he must as a Christian prefer the Glory of Christ before all Obligations of Relation as a Son and a Nephew Yet still performing all the Duties of that Relation in which he hath not been wanting as far as is consistent with the Common Cause and Interest And respect to the Common Protestant Interest and Engagement prevail'd with his Highness the Prince of Denmark to go over to the Prince of Orange as he professeth in his Letter to the King. 5. The Prince in his Declaration invited All Degrees and Orders of Men in the Kingdom to come in and joyn with him to promote his Ends in getting a Free Parliament to which he refers Himself and the Settlement of Church and State. Should the Nobility and Gentry look on and see him ready to Fight in their Defence and give him no Assistance K. Yes certainly for they ought not to assist an Invader against their King. T. The Case stated resteth upon this as one chief Pillar If they have right to relate their Grievances and Pressures and to call him to their Rescue there being no other way left for them and if he have Right and Interest in England which he cannot give up for lost and if that which he desires is neither Crown nor Conquest but the Preservation of the Government in a lawful Parliamentary-way then the Invasion is not the Invasion of an Enemy but the coming in of a Saviour to deliver us That the People of England have right to defend their Government they prove in the Memorial quoted before K. But do not you know that Private Persons are not fit Judges whether their Present Case be such in which they may lawfully resist or no T. I remember something to that purpose in Dr. Falkner Christian Loyalty Book 2. p. 365. p. 373. and he quotes the more Corrected Judgment of Grotius differing from what he had written in his younger Time upon Mat. 26. But Are the wisest Noblemen Gentry and Lawyers of the Land unfit to Judg of this Case Doth their incapacity to judge rise from the Privacy of their Condition or what else A private Man well studied in the Laws and Constitution is as able to judge when that is Uiolated as more Publick Persons and a good Lawyer in his Study knows the Law as well as many a Judg upon the Bench. Besides I distinguish between a particular private Man The Nobles and Gentry who appeared in this Action not meer private Men. or more sustaining private Injuries or Oppressions or some lesser Bodies and Corporations and the Community of the whole Kingdom They who have appeared for the Prince of Orange are by far the Majority of the whole Kingdom and men of as great Understandings as any of those who drove them to this Course This Resistance was not in a private Cause but the Essentials of the Government and Concern of the Kingdom And therefore what the Doctor saith and quoteth out of Grotius is nothing to our Case And for a fuller understanding of our Case I pray Sir remember what the King did Our Case opened on the Kings ●… part The Prince and Majority of the Kingdom declare for a Free Parliament for the Protestant Religion and for the Laws and Government by Law. Can any King that is a King by Law sworn and obliged by Promises to govern by Law refuse to grant what the Kingdom desires But He on the Contrary 1. Prepares a Royal Navy increaseth his standing Army calling in many thousands of Popish Irish and of Scots tho not all Papists yet as he thought for his purpose 2. Tho he declared he would summon a free Parliament yet he sent out but few Writs which came to nothing 3. He prepares to defend his Cause and to oppose the Prince and Kingdom by the Sword Whereas if
Chief Commander And have not our Peers and Commons as good right to preserve and settle the Government now as any of their Forefathers had How long shall the Nation stay for this King's Return He best knew the Reasons for his deserting the Government and if the Kingdom had delayed to settle it Self he would then have by the Counsellors of Evil had made us see a greater necessity of having him and wrought upon our wanting him for a Head to go besides our selves like a distracted People a foolish People of no understanding In our Case we had as good Reason to settle the Government as ever People had to put themselves into a Form and Order And it is an inestimable Mercy that God presented to us such Royal Persons so nearly related to the Inheritance of the Crown to fill up the Vacancy James the 2d was not deposed nor molested neither for his Religion as inconsistent as it was with the Religion Government and Happiness of the Kingdom The Accusation of Deposing the King is altogether untrue He made the Vacancy and when it was made it must be filled up Come Doctor now let us follow Dr. F. to the next Section K. There you will see what he saith of the general Declaration of Loyalty T. So I do p. 337 c. The more general Acknowledgment for the preservation of the King's Safety is that which is required by the Act of Uniformity and enjoined upon all Civil and Military Officers The first Clause of which is that it is not lawful upon any pretence whatsoever to take Arms against the King c. p. 338. The sense of this is no more than what the Church of England and Eminent Members thereof hath constantly acknowledged Homil. of Obed. part 2. Can. of 1640. Judiciam Vniversitat is Oxoniensis The Doctor goes on to give some explication of the Oath N. 3. This Clause being framed and enjoin'd by an English Parliament not without respect to the disloyal and unchristian Proceedings in this Nation and tendred to English Subjects and relating particularly to the King not indefinitely to any King can bear no other rational Construction than to condemn the English Subjects taking Arms against their Natural Sovereign the King of England And therefore though the like Attempts against any other Kings who enjoy Soveraign Authority are equally blameless in their Subjects yet this Position doth not assert the utter unlawfulness of taking Arms amongst other Nations against him who hath the Title of King if he doth not therewith enjoy the Right of Supreme Government which our Kings have and exercise And therefore in such a Constitution as the Lacedemonian was and Tabrobana c. we are not concerned p. 339. The true Friends of the Church of England have been free from disloyal Actions and Assertions N. 4. He repeats several pretences for War but all unlawful c. Sir I am resolved to be brief with you Therefore shall make some short Remarks 1. I note He grants the position holds of the K. of England because he hath and exerciseth Soveraign Authority Why Dr. Falkner should be honoured who saith as much as Calvin did yet Calvin is commonly branded and Dr. F. admired and honoured see Calv. Instit cap. ultimo L. 4. Sect. 31. doth shew us the power of Prejudice 2. The reason why our Kings must not be resisted is because they have Soveraign Authority Which really is but a limited Soveraignty of Administration and not of Legislation The Law makes the King to be Supreme Governor and not sole Legislator and it hath been debated Whether the King can refuse to sign such Bills as have past both Houses according to the Order of the Houses His Power of Calling and Dissolving Parliaments at his own Pleasure hath been deemed an Usurpation upon the Rights and Liberties of the Kingdom K. Ch. I. in his Answer to the xix Prop. confesseth In this Kingdom the Laws are jointly made by a King by a House of Peers and by a House of Commons chosen by the People all having free Votes and particular Priviledges The Government according to these Laws is trusted to the King. You see then what a Soveraign Prince our King is only in some respect 3. Another Reason against taking Arms and for the Soveraign Power of Kings is because the jus Gladii is in the Hand of the King determined by the Word of God as Bp Saunderson affirms Pref. Sec. 15. and is determined to belong to the Kings of England as Dr. Falkner pleads p. 347. Be it so yet this is far also from the present Case truly stated The late Invasion and Insurrection was not to take the Power of the Sword from the King nor to deprive him of that Authority which he had from God and the Laws The Power of the Sword and Militia is not intrusted in the King's Hand for the Destruction but Protection of his Subjects The Office of the King and the use of the Sword is declared to be for the punishment of Evil-Doers Rom. 13.4 But what when the Sword of the Magistrate is abused against a Kingdom 's Right and Safety The Militia which the Apostle speaks of in that place is a Power to Punish and to take Vengeance upon Evil-doers according to their Crimes And the Sword being the Instrument of the sorest and highest degree of Punishment which is Capital Punishment comprehends under it all degrees of Punishments And this Power of the Sword which is chiefly placed in the Hand of the Supreme Magistrate is distributed in the Hands of all inferior Magistrates and Officers that administer Justice and punish Offenders What is this to the raising of Armies maintaining standing Armies Disposing in order to have them made Parliament-Men by false Returns disposing Military Officers into places of Civil Government and to debauch all places whereever they come and to oppress the Nation And here 's another Consideration worthy your Notice That a King that maintains Arbitrary Power by the Sword against Law and standing Force in Times of Peace turns the Civil Government into a military and that is not the Government of England That which some speak that the King of England hath Merum Imperium Merum Imperium What will do us no Hurt if rightly understod Gladius indicat illos ut Jurisperiti loqui solent imperium habere merum What 's that Vlpianus ait illud esse merum imperium quod habet potestatem Gladii ad animadvertendum in Homines facinerosos Peter Martyr on Rom. ch 13. If this right use of the Sword or avenging and punishing Power were duly observed what Work would it make among them who wear the Sword The Contests that have been in this Kingdom about the Power of the Militia and the use that hath been made of it is a matter of doleful remembrance The Declaration of the Lords and Commons July 1.42 A Second Remonstrance Jan. 16.42 The King's Letter to the Sheriff of Leicester
been delivered by an extraordinary Providence And I will add but this under this Head That all the Gentlemen that I have discoursed with who took up Arms profess they would never have taken Arms against the King ruling by Law as he was bound to do but look'd upon him as no King i. e. no Legal King of England in the exercise of his Power and that there was no other way left for them to preserve themselves our Laws and Religion K. But this doth still stick with me that we declared or swore That it was unlawful to take up Arms upon any Pretence whatsoever therefore not upon this Pretence or for this Cause or any other real or Imaginary either this or any that can be imagined possible T. The evil Design of framing that Oath to bring the Nation tamely under Arbitrary Power and Popery I must say less upon this Head than I have to say I am extreamly deceived 1. If Popery was not design'd to be either made the topping Profession of the Nation or so far countenanced and upheld that it would be in a fair way to be restored as the Religion of the Court and Country when that Act was made 2. This could never be but by the Arbitrary Power of the King. 3. To set up and maintain that the sole Power of the Militia is put into the Hand of the King. 4. The War of the Parliament against the King is made Rebellion by Law. 5. All those things had been insufficient to serve the Design of introducing Popery which could not come in but by Arbitrary Power unless an Oath be devised and imposed to tie the Hearts and Hands of the Subject from thinking to act or acting against the Armed Force of Arbitrary Power And lastly no word was large enough to comprehend all possible Causes or Reasons of Opposition but whatsoever Do the Pope's Creatures what they they will we are tied up by upon any Pretence whatsoever to look upon our Miseries coming on and passively to lie down at the Feet of Popish Majesty i. e. cruel Tyranny and thereby become Vassals to the Triple Crown The Sense of the Declaration of Non-resistance Sir I have subscribed the Declaration of my Consent to that which was required as a formal Oath of all Officers Civil and Military thinking it was but Reason and Duty to give the King as a lawful Governor security in his Throne But the sense I had of it was to this purpose I do believe it is not lawful upon any Pretence whatsoever or from any Cause or Reason pretended for Subjects to take Arms against the King my lawful Soveraign for to such a King we are subjected and that I do abhor that traiterous Position of taking Arms by his Authority against his Person or against those that are legally commissioned by him See if you please an Enquiry into the Oath required of all the Non-Con by an Act made at Oxford by that wise and worthy Man Mr John Corbet all other Commissions that are not legal being really none of the Commissions of the King of England who is bound to govern according to Law in the legal pursuance of legal Commissions and that I will not at any time endeavour any alteration of Government either in Church or State by any unlawful ways And more than this no King that means the good of his Subjects can desire and this a peaceable Subject may conscientiously give if the King require it for his Satisfaction But now if a King act contrary to the Laws not by a particular Act or Acts only by which many private Subjects are injured or opprest but to the changing the Fundamental Government and overturning it then when the Cause is not a pretended Cause framed by Jealousy or uncharitable Suspitions of the King and his Ministers whether the Body and Majority of the Kingdom may not in an Extremity appeal to the supreme determination of God by the Sword and vindicate the Right which they have to their Religion and Liberties is a Case wherein it appears even by Dr. Falkener that the King is no King and by Consequence the People which before were Subjects to the King while he acted as King in a legal manner are no further subject and so the Oath is not violated but stands good The word Whatsoever is intended in the largest sense and is so used in the Canons of 1640. and the Writings of several Men When a King goes about to set up a new Form of Government contrary to the Rights of the People the People as a Party in Contract and Covenant and still willing to perform their part take Arms as a Party to maintain their Rights which are invaded and do not rebel as Subjects So that the People of England are considerable as a Party in a legal Contract with the King as Subjects as well as Dr. Ealkener But then I ask Whether the King of England may act and do beyond and contrary to the Laws of his Government not in some particular Instances to the particular Injury of some private Persons but against the Foundations of the Government and Interest Peace Welfare Property Liberty and Safety of the whole Protestant and greatest part of his Subjects be to be deemed the lawful King of England as he was or would be held and reputed to be if he ruled as a sworn King of England And then Whether the People of England are by the Laws subjected to an Arbitrary Jesuited King or to a Regular and Regulated King Whether the Subjects of England are bound to whatsoever a King pleaseth to do set up and command or to those things only which are commanded them by Law If the Laws be the Rule and Measure of their Obedience and those Laws no other than what were made by their own implied Consents then the Subjects of England have not in this Extraordinary Action broken the Bonds of their Subjection but acted for their own Preservation as a People that were never bound to an Arbitrary Absolute King. If the Parliament that enacted that Law that prescribes this Oath did intend to bind all those Persons enjoined to take it to an unlimited Obedience to all manner of Arbitrary Commissions and Commands whatsoever of the King then they allowed to the King scope enough to run out into all Excess of Arbitrariness and did by that betray the Kingdom to the Will of a King be he Papist or Tyrant Did they intend to bind themselves and their Posterity from taking Arms even when a King shall go about to change the Legal Religion and change the Government If they did not then in this Case the Oath bindeth not That they did not seems plain by the Oath which was for the preservation of the Government and against the alteration of it But this we cannot think to be in their Minds though there was a great number in Favour and Pension to serve the secret Designs of the Court
Morning And now Doctor I come to the end of what at our first meeting we fell upon As I intended by the help of God to observe the Thanksgiving Febr. 14. so I have And cannot Express the Sense I have of the many Causes of Thanksgiving Behold and wonder at what God hath wrought Salvation belongeth unto the Lord his Blessing is upon his People The Lord hath answered before we called Isa 65.24 Who hath heard such a thing who hath seen such a thing Shall the Earth be made to bring forth in one day or shall a Nation be born at Once for as soon as Zion travelled she brought forth Children Isa 66.8 There are three admirable Providences to be told our Children that the Generations to come may praise the Lord. 1. The Greatness of our Deliverance from the Sins the Curse the Plague of Popery the deliverance of our Bodies from the Sword of our Wives and Virgins from unnatural beastliness of Papists who put Nature to shame As in Savoy 1686. and yet their Nature cannot blush 2. The Deliverance without Blood. 3. The Suddainess of it Providence dispatched his marvellous Work. 4. The immediateness of God's hand 2. After a Deliverance we are come to a Settlement the most hopeful this Nation ever saw in many respects it exceeds all that ever went before it as the Deliverance also doth 3. That God should make way for it by taking away the Spirit of the late King and coveying him away without reproach to our Religion 4. The Lord wonderfully united the Spirit of the Nation in the choice of Representatives and united their Counsels without tedious distracting Debates to fill the Throne to clear and recover their own despised and almost extinguished Rights and to do Right to our most Gracious King and Queen and the Royal Line upon better terms than they were in before 5. God hath given a King and Queen of our own Religion and that the true rarely set off with an ilustrious Exemplariness Zeal and Moderation 6. I rejoice for the joy of the persecuted desolated Protestant Churches abroad and strength added to the Protestant Princes 7. I rejoice for the Consolation which this wonderful Providence hath brought to Protestants abroad that have suffered Persecution and that were in danger to be swallowed up and that the Prosperity and Peace of England is like to add Courage and Strength to Protestant Princes and States every-where 8. I rejoice that Popery is put to shame and confusion in our Land. I wish the Simple and Deluded may see the Hand of God which is lifted up and not love Darkness rather than Light. The Lord hath broken the Head of Popish Counsels disclosed their Secrets and made them fall in their own Devices 9. I hope the Lord will finish his work and having brought to the Birth will also bring forth Shall I cause to bring forth and shut the Womb saith the Lord. Isa 66.9 10. I hope to see Protestants united more in the profession of Faith Love Worship Communion and Peace that there be no Colour from Laws to scatter the Flocks put Lights under Bushels and make them a Prey to the worst of Men. 11. I hope to see with admiration Behold a King shall reign in Righteousness and Princes shall rule in Judgment that the Work of Righteousness shall be Peace and the Effect of Righteousness Quietness and Assurance for ever Isa 32.1 17 c. 12. I hope Our gracious King Queen and wise Parliament who are taking off Arbitrary Yokes apace will take off another Yoke of Arbitrariness in Ecclesiastical Courts I do not winch because I am gall'd but rejoice because I am delivered and preserved There is a great sense among us of the Arbitrariness of Canonical Obedience which was extended even to Votes for Parliament-Men and answering Questions as in the High Commission proceeding upon Arbitrary Canons not confirmed by the King's Proclamation Arbitrary Articles of Visitation Arbitrary Oaths exacted of Church-wardens and their Legal Duties never that I could hear of explained unto them And calling for Subscriptions to Addresses and Abhorrences to serve the Designs of Papists against us and deceive the King with Promises 13. I rejoice that I am in my place to serve God out of which I was preparing my self to be thrown out for not reading the King's Declaration as it was a means to advance Popery and not out of a grudg at the Indulgence of Protestants which had been the means of our ruin if God had not given him an unexpected Diversion to look to his own Kingdom and found him other Work. Every day will I praise the Lord and call upon mine own Soul to bless the Lord and not to forget all his Benefits and I will by the Grace of God stir up others with an O that Men would praise the Lord c. And as I have since I was capable kept the 5th of November so now while I can upon another Reason the most seasonable peaceable happy entrance of our now more Illustrious that the then Illustrious Prince of Orange as a Day which the Lord hath made My Joys may be grievous to you which I am sorry for and therefore I will pray that we may not fail as Hezekiah did to return thanks according to the Mercy received There are thousands and ten thousands of Mercies and Blessings in this marvellous Deliverance and Settlement of the Kingdom nothing can blast this hopeful Spring and silence the singing of Birds but our continuance in Prodigious Profaneness and Debauchery brought in at the very Heels of the joyful Restoration of the King in 1660. If the sense of Mercy doth but run through our Hearts and oblige us to think as well of the Practice of Religion as it is described Tit. 2.11 12 13. and other places as we think ill of Popery all your new Sect of Grumblers can only give us some exercise of our Charity and Moderation you and all your Party under your antiquated and self-deposed King with the hopeful succession of the Prince of Wales and his Brother in the little Belly of the Queen cannot hurt us Therefore Good Doctor grumble not against God our Laws our King and Queen and Parliament the hoped-for settlement of the Church upon the Word of God maintained by unity of Spirit in the Bond of Peace and commended in a Better Act than our last of Uniformity or else we shall go as far back as that Act cast the happiness of this Church and Kingdom For from that day that Act took place it hath been ill with the Church of God and Christianity in England and a private Apartment was made for Popery under the Church Walls K. Are you a Conformist and say so T. You have called us Trimmers and our Conformity hath been in a great part from the Principle of Passive Obedience and Peace and Love to Souls resolving to go as far with you as we could with a good Conscience And since our
First One Answer to this Demand may be That Queen Elizabeth's wise Council did foresee that this was an effectual if not the only way to prevent greater Mischiefs and Effusion of Blood which in all probability had followed if this Course had not been taken And in an Extraordinary Case some Extraordinary Thing tending to the Publick Good may lawfully be done Lawson Pol. S. Civil p. 87. Our Convention will merit an honourable Memorial of all Generations for what they have done in our extraordinary Danger and Confusion We are in a way to Happiness if Unthankfulness and Murmuring doth not cast us back And such Papers as these will not at all help us towards Peace and Quietness I have no mind to deal any further with him I am sorry for him that he hath given such just Provocation to Authority as he hath by many Passages in it Sir I thank you for any thing you communicate to me Now let me put into your Hand a Rational Moderate and Convincing Paper The lawfulness of taking the New Oaths asserted K. I should be glad to be satisfied in the Point of Allegiance to King James the 2d My Conscience is not at ease and I am afraid I shall offend one way or other T. I am glad Our King Queen and Parliament are so moderate and patient with Our new Dissenters and Seminaries There are two sorts we would wish at ease in their own Minds and for their own Sakes Allegiance not due to the late King. and of many that are jealous of some strange Mutations among us But can we expect so great a Deliverance without any signs of Danger Man is a sullen morose Creature if he be not pleased But now God with a holy Reverence be it acknowledged is pleasing Himself whether you be pleased or not How long shall it be before he have your good-will to advance his own Glory He hath patiently been gratifying you many Years even to the giving you the King you preferr'd before all things You have tried him grew afraid of him talk'd boldly of him and acted too to displease him and towards his removal also And now what 's the matter what would you have Can you neither be well with him nor well without him How many of you acted as if you believ'd him to be no King that the Obligation was dissolved between you and Him This ingenuous moderate Gentleman presseth that handsomely and home enough May I be so bold to say something upon this tender Argument of Allegiance What though many of you knew what Designs were laid and conceal'd them from the King did neither argue against them nor estrange your selves from the Conspirators preach'd not one piece of a Sermon against them but went with them or sent to them assisted countenanced wellcom'd them Home subscribed the Association voted for Members of the Convention or joined being chosen And yet now recoile All this and Conscience stand in a Man's way and put him not only to a stand but make him retreat in disorder and fear And tenderness of Conscience is to be kindly used and for Oaths in particular in an Age wherein they have been common to a Sin and slighted to a high provocation of the Holy God. I cannot stay long upon this But in short 1. I grant that Allegiance is due to the Person of a King and not only to his Crown and Dignity but then that Person that possesseth that Crown and Dignity is not considered absolutely in his Natural Capacity but in his Political as vested with the Crown and Dignities of a King. 2. The Person of a King as King in the lawful possession of the Crown is intrusted with the Administration of the Government according to the Laws of the Kingdom which he is bound to God and the Kingdom by Promise and Oath to observe And he ought to give himself to the actual exercise of that Trust and Authority which he hath 3. The Soveraign of England is only Soveraign for Administration according to the Laws made by the joint Powen of the two Houses of Parliament with him 4. The natural Person to whom we are Subjects and are obliged to be true and faithful to as true Subjects How can he watch for our Good if he be not secure from Danger from us and of our Subjection and Obedience as ready to serve him who is the Minister of God for good to us The Person I say to whom we owe Allegiance is that Person endowed with Authority and Majesty for the Ends of his Office. 5. If He assume a greater Power than he hath by the Laws and Constitution or endeavour by Arts and Force to change the Government into another form or deprive the Subjects of their Fundamental Rights then though he be the same Natural Person to whom we promised Allegiance he is not the same Moral or Political Person He is not that King to whom we are Subjects but another quite contrary to that Majesty intended by us 6. Allegiance is during the Life of the King if while he lives he continueth to be King. He may forfeit to God And if God disable him or remove him Subjects are discharged for their Allegiance while God hath deposed him He may forfeit to his People if the Kingdom be Regnum pactionatum non absolutum Great Failures come short of Forfeitures And if a King not only cease to rule and defend according to his place but be so far perverted as to set up his Will and strive to carry all before it against the Religion and wellfare of his People they should be slow to Wrath and Revenge or to recover their own Rights by Wars and not at all by Injustice Many Miseries are rather to be endured than the Miseries of War. 7. It conduceth much to satisfy Conscience to understand what Allegiance is Ligantia inde ligiantia Allegiantia vinculum arctius inter subditum Regem invicem connectens The Bond Covenant or Compact by which a King and his Subjects are mutually bound to one another Hunc ad Protectionem justum Regimen illos ad Tributa debitam subjectionem The King is bound to Protection and just Rule and Government the People to pay Tribute and due Subjection The learned Spellman Gloss Dr. Robert Austin who hath taken pains to state it according to the Resolution of the Judges in Calvin's Case gives this description of Allegiance Ligeance is a Quality of Soul whereby were are disposed to bear all Truth and Faith to the Person of the King his Crown and Dignity ready to yield him all true Obedience according to the Laws of Nature of God and the Realm wherein we live Tract of Allegiance not impeach'd by the Parliaments taking Arms. c. 2. 8. Let us revive the Oaths wherein the promise of Fidelity is made and thence also gather something for our direction in this Case And here I will begin 1. The Case is hardest upon them who took