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land_n english_a king_n lord_n 1,488 5 3.5153 3 false
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A81829 The povver of the Christian magistrate in sacred things Delivered in some positions, sent to a friend, upon which, a returne of his opinion was desired. With some considerations, upon the answer; and a digression concerning allegiance, and submission to the supreame magistrate. By Lewis du Moulin, History-reader of the University of Oxford. Du Moulin, Lewis, 1606-1680. 1650 (1650) Wing D2551; Thomason E1366_4; ESTC R209267 40,736 161

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is made good by the Title of the Statute Eliz. 2. Cap. 1. All ancient jurisdiction restored to the Crowne by which Crowne none will I thinke understand the lawfull Heires and Successours of the Crowne but him or them that are actually in possession of the Gouernment or which is all one by the Crowne is meant the Supreame Judicature of the Kingdom for the time being where the Crowne is placed and to which the Jurisdiction belongeth what ever Title the Supreame Power for the time being may have for sure unlawfull possession of a Crowne doth not exempt subjects from the same Allegiance that the most lawfull Soveraigne can challenge for even I should much doubt whether Subjects may call any Supremacy of Power unlawfull or whether a Supreame Governour is not a lawfull Governour however possession is the great condition required for the duty of Allegiance which in expresse termes is said Eliz. 10. 50. Cap. 1. to be due to Kings and Queenes Possessors of the Crown But still the Lawes made by Henry the 4th 5th and 6th were never the lesse valid and of no lesse force for being made by Kings called pretended In the Statute Edward 4.10 Cap. 1. where some of their Acts were continued others repealed which word repealed would not so much as have been used had not these statutes been enacted in a lawfull assembly of the three states And as the validity of the Lawes under the said pretended Kings were never questioned so neither were the subjects blamed yea rather justified for bearing fealty and allegeance to the said Kings of which we have a notable example in the eleventh of Henry the seventh cap. 1.1 where in an act the Parliament declareth as a thing unreasonable against Law and Conscience that the subjects going with their Soveraigne meaning such as Henry the 4.5.6 and Richard the 3. for the time being and attending upon his person or being in other places by his commands within the Land or without should in any thing forfeit for doing their true duty and service of allegeance But the main reason why the people in England have alwayes obeyed him who was in possession de facto was because they were not to oppose the usurper till he was so lawfully declared So that I conceive had the Turk conquered England though no man can be so much devested of his reason as not to judge of him as of an usurper by a judgement of discretion yet there being by Gods providence who disposeth of Kingdomes as he will not any judgement of authority left that can lawfully declare the Turk to be an usurper I conceive I say that every Subjects duty is to impose silence to his own judgement without murmuring and commune thus with his own heart that God hath left the Kingdome without recourse that hee may dispose of it to another upon Upon all these grounds of Scripture reason and authority it being manifest that all powers that have attained to the supreame dignity are ordained of God and are to be submitted unto it followeth undenyably that every souls duty is to engage to be true and faithfull to such a power and thereupon that their priviledge is to be freed from all other engagements made to other powers I mean in such things that salva fide are alterable as to be ruled by this or that Magistrate and to be under this or that Government 〈◊〉 former engagement of that nature how circumstantially soever expressed being able to dispence any man from his present duty or from this command Let every soul be subiect to the superiour powers which are ordained of God Besides that every promise or oath of fealty and homage to a supream power is a sinfull act and therefore better broken then kept If some condition be not implyed as included in it though not expressed as it may be made evident by the ensuing queries 1. Whether an English man transporting his estate and family into a remote countrey and being minded to return no more to England is not loosed from the ties of the oath of Allegeance 2. Whether the same man may not tie himself by another oath of fealty and faithfullnesse to the supream Magistrate of that countrey where his abode is though occasionally yea consequently this oath proveth repugnant to the oath of Allegeance 3. Whether a warre being kindled between England and the countrey of his abode he finding the wrong to be on Englands side he may not lawfully adhere rather to the later oath and wage warre against England in the behalf of those among whom he liveth 4. Whether in ease the supream Magistrate be expelled and a new government setled the same man not being guilty of his expulsion and remaining still in England there is not par ratio and the like freedome and exemption from former oaths made to the expulsed Magistrate with that exemption when the same man leaving England doth swear Allegeance to another supream Magistrate in forreigne parts where he purposeth to continue 5. Whether the same man having continued ten yeares as for example in Venetia afterwards making a journey into England and finding there a new face of Government whether he must resume his obligation and tye to the oath of allegeance from which he was loosed when he was subject to the Venetians 6. And since a man leaving England is not onely loosed from the obligation to the Oath of Allegiance but also it is free for him to bequeath his Allegiance to what Lord or Soveraign Magistrate he pleaseth whether it may not be indifferent to him for matter of tye of conscience either to swear fealty to Governours newly set up in England or to other Governours in forreign parts whether they be new to him or lately come by their Soveraignty 7. Whether a Tenant holding of a Liege Lord his obligation of fealty and of paying a penny rent do not cease as to the person though not to the thing so long at least as the Lord is out of possession or that I may better english such a querie whether a freeman doing homage to his Lord of whom he holdeth in chief or otherwise swearing to become his man from this day forth for life member c. and to owe him his faith for the Lands he holdeth of him whether the said oath of homage is not conditionall viz. so long as his Lord hath possession of the Land held by the Farmer 8. Whether in those relations that are accidentall as those between King and Subjects Master and servant the promise as for example of the servant to be as long as he liveth faithfull and obedient to his Master doth not imply many conditions which not continuing do take away the obligation such are the Master decaying in his fortunes and the Servant bettering of his the Master turning out the Servant or being taken away from him 9. Yea whether without violation of faith and bonds which are between the Master and the Servant the relation may