







 
   
     
       
         A discourse concerning the signification of allegiance, as it is to be understood in the new oath of allegiance
         Downes, Theophilus, d. 1726.
      
       
         
           1689
        
      
       Approx. 113 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images.
       
         Text Creation Partnership,
         Ann Arbor, MI ; Oxford (UK) :
         2008-09 (EEBO-TCP Phase 1).
         A36485
         Wing D2082
         ESTC R1366
         12265051
         ocm 12265051
         58004
         
           
            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. A36485)
         Transcribed from: (Early English Books Online ; image set 58004)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 181:13)
      
       
         
           
             A discourse concerning the signification of allegiance, as it is to be understood in the new oath of allegiance
             Downes, Theophilus, d. 1726.
          
           27 p.
           
             s.n.,
             [London :
             1689]
          
           
             Caption title.
             Attributed to Theophilus Downes. Cf. Halkett & Laing (2nd ed.).
             Place and date of publication from Wing.
             Reproduction of original in Yale University 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.
      
       
         EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.
         EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).
         The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.
         Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.
         Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.
         Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.
         The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.
         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
      
       
         
           Allegiance -- Great Britain.
           Loyalty oaths -- Great Britain.
        
      
    
     
        2006-10 TCP
        Assigned for keying and markup
      
        2006-10 Aptara
        Keyed and coded from ProQuest page images
      
        2007-10 Taryn Hakala
        Sampled and proofread
      
        2007-10 Taryn Hakala
        Text and markup reviewed and edited
      
        2008-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
         
         
         
           A
           Discourse
           concerning
           the
           Signification
           of
           Allegiance
           ,
           as
           it
           is
           to
           be
           understood
           in
           the
           New
           Oath
           of
           Allegiance
           .
        
         
           
             Qui
             Perjurii
             immunis
             esse
             cupit
             ,
             &c.
             He
             ,
             who
             desires
             to
             preserve
             himself
             from
             Perjury
             ,
             ought
             diligently
             to
             weigh
             every
             Word
             of
             the
             Oath
             which
             he
             is
             to
             take
             ,
             and
             the
             Sense
             and
             Force
             of
             them
             ;
             that
             if
             it
             ought
             not
             to
             be
             kept
             ,
             it
             may
             not
             be
             taken
             ;
             if
             it
             be
             lawful
             to
             be
             taken
             ,
             it
             may
             be
             kept
             without
             fraud
             and
             dissimulation
             .
          
           
             Sand.
             De
             Juram
             .
             Oblig
             .
             Prael
             .
             6.
             
             Sect.
             7.
             
          
        
         
           
             THE
             Words
             of
             the
             Oath
             are
             these
          
           ;
           1
           A.
           B.
           do
           sincerely
           promise
           ,
           and
           swear
           ,
           that
           I
           will
           be
           faithful
           ,
           and
           bear
           true
           Allegiance
           to
           their
           Majesties
           ,
           King
           William
           and
           Queen
           
             Mary
             ,
             So
             help
             me
             God.
             
          
        
         
           In
           this
           compendious
           Form
           of
           Swearing
           ,
           It
           is
           said
           there
           is
           great
           Ambiguity
           ,
           which
           lies
           principally
           in
           the
           doubtful
           signification
           of
           the
           Words
           
             [
             Faithful
             ,
             and
             True
             Allegiance
             ;
             ]
          
           which
           may
           import
           either
           ,
        
         
           1.
           
           That
           kind
           of
           Fidelity
           ,
           and
           Obedience
           which
           Captives
           may
           promise
           to
           their
           Conquerors
           ,
           or
           oppressed
           Subjects
           to
           Usurpers
           ;
           and
           oblige
           them
           only
           to
           a
           quiet
           ,
           and
           peaceable
           submission
           ,
           while
           they
           are
           under
           their
           Power
           ,
           and
           does
           not
           debar
           them
           from
           assisting
           their
           Lawful
           Sovereign
           in
           the
           Recovery
           of
           his
           Crown
           :
           or
           ,
        
         
           2.
           
           All
           that
           Fidelity
           and
           Allegiance
           ,
           which
           was
           formerly
           sworn
           to
           the
           Kings
           of
           England
           ,
           whereby
           their
           Subjects
           were
           obliged
           to
           defend
           their
           Crown
           ,
           and
           Dignity
           against
           all
           Persons
           whatsoever
           ;
           not
           reserving
           any
           Branch
           of
           their
           Allegiance
           ,
           as
           Due
           to
           any
           other
           .
        
         
           It
           is
           upon
           this
           Distinction
           ,
           that
           two
           different
           Interpretations
           of
           the
           Oath
           are
           grounded
           ,
           and
           the
           highest
           construction
           is
           this
           ;
           I
           
             A.
             B.
          
           am
           sincerely
           resolv'd
           to
           adhere
           faithfully
           to
           King
           William
           and
           Queen
           Mary
           ,
           to
           perform
           all
           the
           Duties
           of
           Allegiance
           ,
           and
           Subjection
           unto
           them
           alone
           ,
           and
           to
           defend
           their
           Crown
           and
           Dignity
           with
           my
           Life
           and
           Fortune
           to
           the
           uttermost
           of
           my
           power
           against
           all
           Persons
           whatsoever
           .
        
         
           And
           the
           lowest
           construction
           is
           to
           this
           effect
           ;
           Whereas
           W.
           and
           M.
           are
           actually
           in
           possession
           of
           the
           Regal
           Power
           ,
           so
           long
           ,
           as
           they
           continue
           in
           the
           full
           possession
           of
           
           it
           ,
           I
           do
           swear
           ,
           that
           I
           will
           pay
           them
           that
           Obedience
           ,
           and
           Submission
           ,
           which
           may
           be
           lawfully
           paid
           to
           an
           Actual
           Sovereign
           ,
           not
           engaging
           hereby
           to
           uphold
           them
           in
           the
           possession
           of
           the
           Throne
           against
           the
           K.
           
             de
             Jure
          
           ,
           nor
           debarring
           my self
           from
           exerting
           my
           sworn
           Allegiance
           to
           him
           upon
           any
           emergent
           opportunity
           for
           the
           recovery
           of
           his
           Right
           .
        
         
           I
           am
           not
           certain
           that
           this
           last
           Clause
           of
           assisting
           the
           K.
           
             de
             Jure
          
           ,
           is
           the
           Sense
           of
           them
           ,
           who
           have
           taken
           the
           Oath
           with
           a
           Declaration
           of
           living
           peaceably
           under
           the
           present
           Government
           ;
           yet
           there
           is
           this
           reason
           to
           believe
           that
           it
           is
           ,
           because
           (
           if
           any
           thing
           can
           be
           inferr'd
           from
           an
           Explanatory
           Declaration
           ,
           more
           ambiguous
           ,
           and
           obscure
           ,
           than
           the
           Oath
           explain'd
           )
           we
           may
           reasonably
           infer
           from
           thence
           ,
           That
           the
           Declarers
           thought
           the
           Oath
           in
           the
           higher
           Sense
           unlawful
           ,
           because
           directly
           contradictory
           to
           their
           former
           Obligations
           to
           K.
           J.
           But
           if
           those
           are
           still
           in
           force
           ,
           then
           they
           are
           still
           obliged
           to
           an
           actual
           assistance
           of
           him
           ;
           and
           then
           their
           Declaration
           must
           be
           understood
           in
           such
           a
           sense
           ,
           as
           shall
           not
           exclude
           it
           .
           In
           short
           ,
           if
           their
           former
           Oath
           be
           obligatory
           ,
           then
           they
           are
           obliged
           to
           assist
           
             K.
             J.
          
           If
           it
           is
           not
           ,
           then
           the
           present
           Possessors
           are
           undoubtedly
           our
           Lawful
           Sovereigns
           ,
           and
           we
           are
           consequently
           obliged
           to
           pray
           that
           they
           may
           have
           Victory
           over
           all
           their
           Enemies
           ;
           and
           if
           this
           be
           our
           duty
           ,
           it
           is
           a
           manifest
           Sin
           not
           to
           contribute
           our
           Actual
           Assistance
           in
           our
           respective
           Stations
           for
           the
           obtaining
           of
           it
           .
           Wherefore
           chuse
           they
           which
           they
           will
           ,
           either
           that
           their
           former
           Oaths
           are
           obligatory
           ,
           or
           not
           ;
           the
           One
           ,
           or
           the
           Other
           of
           the
           Kings
           they
           are
           bound
           to
           assist
           ,
           and
           therefore
           they
           cannot
           be
           presum'd
           to
           bind
           themselves
           by
           Oath
           to
           a
           sinful
           Neutrality
           ;
           which
           is
           plainly
           contradictory
           to
           their
           former
           Oath
           ,
           and
           if
           that
           be
           extinguish'd
           ,
           to
           their
           manifest
           Duty
           to
           the
           present
           Possessors
           .
        
         
           But
           nevertheless
           ,
           because
           what
           seems
           so
           improbable
           ,
           may
           yet
           be
           possibly
           true
           ,
           that
           they
           intended
           to
           bind
           themselves
           only
           to
           an
           exact
           Neutrality
           ;
           it
           shall
           be
           shewn
           in
           the
           ensuing
           Discourse
           ,
           That
           the
           true
           Notion
           of
           Allegiance
           is
           absolutely
           inconsistent
           with
           it
           .
        
         
           To
           return
           therefore
           to
           the
           two
           former
           Interpretations
           of
           the
           Oath
           ,
           it
           is
           manifest
           ,
           that
           they
           are
           contradictory
           to
           each
           other
           .
           By
           the
           former
           we
           are
           obliged
           to
           pay
           all
           our
           Allegiance
           to
           W.
           and
           M.
           By
           the
           latter
           ,
           not
           All
           ,
           but
           an
           Allegiance
           qualified
           ,
           and
           limited
           :
           in
           the
           one
           ,
           to
           uphold
           them
           to
           the
           uttermost
           of
           our
           power
           in
           their
           Crown
           and
           Dignity
           ;
           in
           the
           other
           ,
           we
           profess
           we
           will
           not
           be
           obliged
           to
           do
           it
           ▪
           In
           the
           one
           ,
           we
           engage
           to
           defend
           them
           against
           all
           Persons
           whatsoever
           ,
           and
           in
           the
           other
           ,
           a
           Power
           is
           reserv'd
           to
           assist
           K.
           J.
           against
           them
           .
           And
           if
           there
           be
           any
           ,
           that
           take
           the
           Oath
           in
           a
           middle
           sense
           of
           Neutrality
           ,
           it
           is
           evident
           from
           the
           very
           Term
           of
           Neutrality
           ,
           that
           it
           is
           plainly
           contradictory
           to
           the
           first
           construction
           also
           .
        
         
           These
           several
           Interpretations
           therefore
           being
           contradictory
           to
           each
           other
           ,
           it
           is
           certain
           the
           Swearer
           cannot
           be
           obliged
           unto
           more
           than
           one
           :
           nor
           is
           it
           to
           be
           imagin'd
           ,
           that
           the
           Imposors
           intended
           either
           to
           oblige
           us
           to
           contradictory
           ,
           and
           impossible
           Duties
           ;
           or
           to
           leave
           us
           at
           liberty
           to
           chuse
           in
           which
           of
           those
           contradictory
           senses
           we
           will
           be
           obliged
           .
           For
           this
           Oath
           is
           exacted
           by
           a
           Law
           ;
           and
           a
           Law
           is
           nothing
           else
           but
           the
           declared
           will
           of
           the
           Legislator
           .
           Now
           if
           a
           Law
           should
           be
           so
           fram'd
           on
           purpose
           by
           the
           Legislator
           ,
           as
           to
           be
           fairly
           capable
           of
           two
           contradictory
           constructions
           ,
           and
           to
           leave
           the
           Subject
           to
           his
           choice
           in
           which
           he
           will
           obey
           it
           ;
           it
           is
           manifestly
           no
           Law
           at
           all
           ,
           because
           it
           does
           not
           contain
           the
           determinate
           declar'd
           Will
           of
           the
           Legislator
           ;
           and
           the
           Subject
           being
           allowed
           to
           take
           either
           part
           of
           the
           Contradiction
           ,
           is
           not
           determin'd
           ,
           as
           by
           a
           Law
           he
           always
           is
           ,
           to
           any
           Act
           of
           Obedience
           .
           And
           if
           this
           be
           true
           in
           all
           Laws
           ,
           much
           more
           will
           it
           hold
           in
           those
           by
           which
           Promissory
           Oaths
           are
           established
           :
           for
           a
           Promise
           equally
           capable
           of
           contradictory
           senses
           ,
           is
           indeed
           no
           Promise
           :
           And
           it
           is
           nor
           to
           be
           supposed
           ,
           that
           our
           Legislators
           intended
           
           to
           frame
           a
           Promissory
           Oath
           ,
           that
           should
           contain
           no
           Promise
           at
           all
           ;
           and
           to
           make
           a
           Law
           for
           the
           most
           solemn
           mockery
           of
           God
           ,
           that
           can
           be
           imagined
           .
        
         
           It
           is
           therefore
           presum'd
           ,
           That
           the
           Imposers
           of
           this
           Oath
           intended
           to
           oblige
           us
           to
           one
           determinate
           meaning
           of
           it
           ;
           and
           that
           those
           Words
           ,
           by
           which
           they
           chose
           to
           declare
           their
           Intention
           ,
           cannot
           be
           reasonably
           so
           interpreted
           ,
           as
           to
           declare
           the
           quite
           contrary
           also
           :
           and
           then
           it
           must
           be
           granted
           ,
           that
           one
           of
           these
           Constructions
           is
           both
           intended
           ,
           and
           sufficiently
           expressed
           in
           the
           Oath
           ;
           and
           that
           no
           doubt
           is
           the
           sense
           ,
           in
           which
           we
           are
           obliged
           both
           to
           take
           ,
           and
           keep
           it
           .
        
         
           We
           are
           therefore
           now
           to
           enquire
           whether
           of
           these
           Constructions
           is
           the
           intended
           ,
           and
           declar'd
           meaning
           of
           the
           Imposers
           .
           And
           here
           there
           appears
           at
           first
           view
           an
           invincible
           prejudice
           against
           the
           lower
           Construction
           of
           the
           Oath
           ,
           viz.
           that
           this
           Oath
           being
           undeniably
           intended
           for
           the
           security
           of
           the
           present
           Possessors
           against
           the
           dispossessed
           ;
           if
           that
           Construction
           be
           admitted
           ,
           though
           it
           be
           never
           so
           well
           observ'd
           ,
           it
           can
           be
           no
           security
           at
           all
           unto
           them
           .
           If
           it
           be
           not
           intended
           for
           their
           security
           ,
           it
           is
           a
           vain
           ,
           and
           insignificant
           Oath
           :
           but
           if
           it
           be
           intended
           for
           any
           thing
           ,
           it
           is
           certainly
           designed
           to
           secure
           them
           from
           the
           greatest
           ,
           I
           may
           say
           ,
           the
           only
           ,
           danger
           they
           are
           in
           ,
           and
           that
           is
           ,
           from
           the
           attempts
           of
           K.
           J.
           But
           after
           all
           ,
           if
           we
           affix
           this
           Sense
           upon
           the
           Oath
           ,
           that
           great
           ,
           and
           wise
           security
           amounts
           only
           to
           this
           ,
           
             [
             That
             we
             will
             submit
             to
             the
             Power
             of
             the
             present
             Possessors
             ,
             as
             long
             as
             there
             is
             no
             help
             ,
             but
             a
             Halter
             for
             it
             ;
             but
             as
             soon
             as
             ever
             it
             becomes
             safe
             ,
             and
             prudent
             to
             attempt
             it
             ,
             we
             will
             then
             with
             all
             our
             might
             endeavour
             to
             dethrone
             them
             ,
             and
             restore
             the
             lawful
             King
             to
             his
             Crown
             ,
             and
             Dignity
             ;
             in
             short
             ,
             that
             we
             will
             ●●t
             attempt
             to
             destroy
             K.
          
           W.
           
             till
             we
             have
             〈…〉
             bable
             hopes
             to
             effect
             it
             .
             ]
          
        
         
           And
           can
           it
           be
           imagin'd
           〈◊〉
           so
           great
           and
           wise
           a
           Body
           ,
           as
           is
           the
           Parliament
           of
           England
           ,
           should
           after
           great
           labour
           ,
           and
           strugling
           in
           its
           Birth
           ,
           produce
           a
           thing
           so
           Iudicrous
           ?
           Will
           K.
           W
           ?
           Will
           any
           K.
           upon
           Earth
           be
           content
           with
           such
           Security
           as
           this
           ?
           Will
           he
           not
           rather
           look
           upon
           it
           as
           an
           open
           Declaration
           of
           Rebellion
           against
           him
           ?
           Is
           this
           to
           swear
           True
           Faith
           and
           Allegiance
           to
           him
           ?
           Namely
           ,
           to
           submit
           ,
           till
           we
           can
           prudently
           rebel
           against
           him
           ?
           Was
           there
           ever
           any
           such
           Oath
           exacted
           from
           Subjects
           since
           the
           beginning
           of
           Government
           ?
           In
           short
           ,
           if
           this
           be
           the
           Sense
           of
           the
           Oath
           ,
           as
           none
           but
           Mad
           men
           would
           have
           enacted
           it
           ,
           so
           it
           is
           fit
           to
           be
           propos'd
           to
           Mad-men
           only
           to
           take
           it
           :
           for
           it
           is
           certain
           none
           else
           will
           contrive
           ,
           or
           execute
           any
           attempts
           against
           him
           without
           hopes
           of
           success
           .
           And
           yet
           this
           must
           be
           the
           Sense
           of
           those
           ,
           who
           take
           it
           with
           a
           reserve
           of
           their
           old
           Allegiance
           to
           K.
           J.
           for
           by
           that
           Allegiance
           they
           are
           obliged
           to
           assist
           him
           in
           the
           recovery
           of
           his
           Crown
           ,
           to
           the
           utmost
           of
           their
           power
           ,
           whensoever
           their
           assistance
           may
           be
           useful
           and
           serviceable
           to
           his
           Cause
           .
           But
           to
           swear
           Allegiance
           in
           this
           sense
           ,
           is
           plainly
           to
           swear
           nothing
           at
           all
           ;
           't
           is
           only
           the
           Phantom
           of
           an
           Allegiance
           ,
           and
           will
           not
           only
           deceive
           ,
           but
           destroy
           them
           that
           were
           intended
           to
           be
           secured
           by
           it
           .
           Here
           therefore
           I
           may
           appeal
           to
           the
           common
           sense
           of
           all
           men
           ,
           whether
           that
           can
           be
           presum'd
           to
           be
           the
           meaning
           of
           the
           Oath
           which
           does
           directly
           contradict
           the
           whole
           End
           and
           Intention
           of
           it
           ;
           and
           whether
           it
           be
           not
           a
           thing
           incredible
           that
           the
           King
           ,
           Lords
           ,
           and
           Commons
           should
           enact
           an
           Oath
           to
           secure
           the
           present
           Government
           ,
           and
           in
           the
           same
           Oath
           allow
           the
           Takers
           leave
           to
           attempt
           the
           destruction
           of
           it
           ;
           and
           whether
           lastly
           ,
           I
           had
           not
           reason
           to
           affirm
           ,
           that
           this
           is
           an
           invincible
           prejudice
           against
           that
           Construction
           ,
           and
           may
           not
           now
           have
           leave
           to
           add
           ,
           that
           it
           is
           a
           plain
           demonstration
           against
           it
           .
        
         
           And
           the
           same
           reasoning
           will
           in
           some
           measure
           hold
           against
           a
           Neutrality
           also
           ;
           because
           that
           also
           does
           defeat
           the
           Provision
           intended
           in
           this
           Oath
           for
           the
           security
           of
           K.
           W.
           The
           only
           difference
           is
           ,
           That
           the
           former
           Construction
           does
           permit
           the
           Swearers
           to
           be
           still
           Enemies
           to
           the
           Government
           :
           But
           this
           leaves
           it
           without
           
           any
           Friends
           to
           support
           it
           .
           The
           one
           does
           in
           effect
           arm
           the
           Subjects
           to
           destroy
           it
           ;
           and
           the
           other
           leaves
           it
           naked
           and
           defenceless
           to
           be
           destroyed
           by
           them
           .
           Both
           are
           highly
           pernicious
           to
           the
           present
           Governors
           ,
           and
           absolutely
           inconsistent
           with
           the
           prime
           and
           immediate
           Intention
           of
           the
           Oath
           to
           secure
           them
           .
           Perhaps
           it
           will
           be
           said
           ,
           that
           a
           peaceable
           Neutrality
           ,
           were
           it
           sworn
           and
           observ'd
           by
           all
           the
           Subjects
           ,
           would
           infallibly
           secure
           the
           Possessors
           against
           all
           Attempts
           to
           dethrone
           them
           ;
           and
           that
           however
           if
           such
           Attempts
           be
           made
           ,
           since
           the
           greatest
           part
           of
           the
           Subjects
           do
           think
           themselves
           obliged
           by
           the
           Oath
           to
           an
           Active
           Assissistance
           ,
           the
           Possessors
           will
           be
           effectually
           secured
           by
           it
           .
           But
        
         
           1.
           
           The
           Imposers
           knew
           well
           enough
           ,
           that
           there
           were
           great
           numbers
           ,
           that
           would
           neither
           swear
           ,
           nor
           observe
           a
           Neutrality
           ;
           but
           would
           actually
           assist
           the
           dispossessed
           K.
           against
           them
           ;
           and
           that
           therefore
           in
           such
           a
           dangerous
           Conjuncture
           ,
           a
           bare
           Neutrality
           of
           all
           the
           Subjects
           could
           be
           no
           tolerable
           Security
           against
           them
           .
           And
        
         
           2.
           
           If
           they
           intended
           to
           oblige
           the
           Subject
           only
           to
           an
           exact
           Neutrality
           ,
           it
           was
           a
           gross
           Prevarication
           so
           to
           frame
           the
           Oath
           on
           purpose
           ,
           that
           in
           the
           Opinion
           of
           most
           Men
           it
           might
           import
           an
           Obligation
           contradictory
           to
           it
           .
           And
           besides
           ,
           if
           that
           alone
           were
           the
           precise
           Intention
           of
           the
           Imposers
           ,
           then
           the
           Government
           will
           be
           secured
           ,
           not
           by
           the
           Oath
           it self
           ,
           but
           by
           a
           false
           Construction
           of
           it
           .
           Wherefore
           this
           single
           Consideration
           of
           the
           chief
           End
           and
           Intention
           of
           the
           Oath
           does
           clearly
           evince
           the
           first
           and
           highest
           Construction
           to
           be
           the
           true
           meaning
           of
           it
           :
           And
           that
           it
           is
           so
           ,
           I
           will
           further
           endeavour
           to
           prove
           by
           all
           the
           Medium's
           ,
           by
           which
           the
           meaning
           of
           an
           Oath
           is
           capable
           of
           being
           proved
           ,
           and
           those
           are
           only
           these
           two
           ;
           the
           Words
           which
           the
           Imposers
           have
           made
           choice
           of
           to
           declare
           their
           meaning
           ;
           and
           their
           intention
           otherwise
           sufficiently
           expressed
           by
           Circumstances
           ,
           and
           other
           Actions
           ,
           which
           may
           serve
           as
           a
           Comment
           upon
           the
           Oath
           ,
           and
           may
           ascertain
           us
           of
           the
           meaning
           of
           it
           .
           And
        
         
           1.
           
           I
           consider
           the
           signification
           of
           the
           Words
           
             [
             faithful
             ,
             and
             true
             Allegiance
             ,
             ]
          
           which
           contain
           all
           the
           promissory
           part
           of
           the
           Oath
           ,
           and
           have
           occasioned
           all
           the
           different
           Constructions
           of
           it
           .
        
         
           It
           is
           certain
           ,
           that
           Words
           generally
           speaking
           have
           their
           signification
           only
           from
           the
           Institution
           of
           Men
           ;
           and
           those
           that
           are
           vulgarly
           used
           ,
           and
           understood
           in
           any
           Language
           ,
           from
           the
           common
           consent
           of
           the
           People
           of
           that
           Language
           ;
           and
           those
           that
           are
           understood
           only
           by
           a
           few
           ,
           such
           as
           are
           called
           
             Terms
             of
             Art
          
           ,
           from
           the
           Professors
           of
           the
           several
           Arts
           and
           Sciences
           .
           The
           Words
           
             [
             faithful
             and
             true
             Allegiance
          
           ]
           may
           be
           consider'd
           in
           both
           respects
           ,
           as
           they
           are
           vulgarly
           taken
           ,
           and
           understood
           by
           the
           generality
           of
           the
           People
           of
           this
           Nation
           ;
           and
           as
           they
           are
           Law-terms
           ,
           which
           are
           to
           be
           understood
           according
           to
           the
           Sense
           of
           Lawyers
           .
           And
           first
           I
           will
           consider
           what
           is
           the
           signification
           of
           those
           Words
           according
           to
           the
           Laws
           and
           Lawyers
           .
        
         
           1.
           
           I
           observe
           ,
           that
           the
           Lord
           Coke
           in
           Calvin's
           Case
           does
           affirm
           ,
           that
           Faith
           and
           Allegiance
           have
           only
           one
           signification
           ;
           and
           there
           he
           produces
           several
           Instances
           to
           shew
           ,
           that
           
             Esse
             ad
             Fidem
             Regis
          
           signifies
           only
           to
           be
           in
           the
           Ligeance
           of
           the
           King
           :
           accordingly
           the
           same
           Oaths
           are
           sometimes
           called
           Oaths
           of
           Fidelity
           ,
           and
           sometimes
           Oaths
           of
           Allegiance
           without
           any
           distinction
           .
           And
           Sir
           
             Henry
             Spelman
          
           in
           his
           Glossary
           defines
           Fidelity
           to
           be
           
             [
             Fidei
             ,
             obsequii
             ,
             &
             servitii
             ligamen
             ]
          
           which
           is
           neither
           more
           nor
           less
           than
           Allegiance
           .
           So
           that
           even
           in
           this
           short
           Oath
           there
           is
           still
           a
           Word
           too
           much
           ,
           since
           Faith
           and
           Allegiance
           do
           signifie
           the
           same
           thing
           ,
           and
           express
           the
           same
           Duties
           of
           Subjection
           .
        
         
           2.
           
           The
           Subjects
           of
           England
           may
           in
           two
           respects
           be
           stiled
           
             Fideles
             Regis
          
           .
           First
           as
           they
           are
           Members
           of
           the
           Body
           Politick
           ,
           
           and
           are
           therefore
           obliged
           to
           pay
           the
           K.
           that
           Fidelity
           and
           Subjection
           which
           is
           due
           to
           the
           Supreme
           Head
           and
           Governor
           of
           it
           ,
           Secondly
           ,
           As
           they
           hold
           their
           Lands
           in
           Fee
           of
           the
           K.
           and
           so
           are
           obliged
           to
           pay
           Fealty
           and
           Allegiance
           to
           him
           .
           A
           Fee
           is
           thus
           defin'd
           by
           the
           
             Feudists
             ,
             That
             it
             is
             a
             
             free
             and
             benevolent
             Grant
             of
             a
             thing
             immoveable
             ,
          
           
           
             or
             something
             equipollent
             with
             a
             conveyance
             of
             the
             Right
             to
             all
             the
             Profits
             of
             it
             ,
             the
             Propriety
             being
             still
             reserved
             to
             the
             Lord
             ;
             and
             the
             Grant
             made
             upon
             Condition
             of
             Fidelity
             ,
             and
             the
             performance
             of
             honest
             Services
             ,
             ]
          
           So
           that
           in
           this
           Feodal
           Contract
           it
           being
           expresly
           provided
           ,
           that
           even
           the
           
             Vtile
             Dominium
          
           should
           revert
           unto
           the
           Lord
           upon
           breach
           of
           Fealty
           ;
           the
           Vassal
           was
           hereby
           obliged
           in
           point
           of
           Interest
           ,
           as
           well
           as
           Gratitude
           to
           an
           exact
           performance
           of
           it
           :
           and
           consequently
           all
           the
           Subjects
           of
           England
           being
           Vassals
           to
           the
           K.
           are
           besides
           the
           common
           Duty
           of
           Subjects
           under
           the
           same
           Additional
           Obligations
           of
           Fidelity
           to
           him
           .
           
        
         
           3.
           
           From
           this
           Tenure
           of
           Lands
           in
           Fee
           ,
           they
           who
           held
           them
           ,
           were
           sometimes
           called
           Fideles
           ,
           and
           sometimes
           
             Ligii
             a
             Ligando
          
           ;
           and
           the
           Bond
           or
           Obligation
           they
           were
           under
           Fidelitas
           ,
           and
           Ligeantia
           ;
           and
           the
           Oaths
           they
           took
           to
           perform
           it
           ,
           Oaths
           of
           Fealty
           and
           Allegiance
           .
           For
           anciently
           Ligeance
           was
           not
           appropriated
           to
           the
           Sovereign
           only
           ,
           but
           it
           denoted
           in
           general
           the
           Obligation
           of
           a
           Vassal
           to
           any
           Lord
           whatsoever
           .
           Thus
           Hotoman
           in
           his
           Feudal
           Dictionary
           tells
           us
           ,
           
           That
           
             Liegeman
             was
             but
             another
             word
             for
             a
             Vassal
             :
          
           and
           in
           his
           Disp
           he
           spends
           a
           whole
           Chapter
           to
           prove
           it
           .
           Thus
           
             Du
             Fresne
          
           distinguishes
           between
           an
           
             absolute
             Ligeance
             due
             to
             a
             Supreme
             Lord
             ,
          
           and
           a
           
             Ligeance
             paid
             to
             an
             Inferior
          
           ,
           
           
             with
             exception
             of
             the
             former
          
           .
           So
           also
           
             Bracton
             ,
             Glanvil
          
           ,
           and
           Fleta
           do
           speak
           of
           
             Ligeance
             as
             due
             to
             any
             Capital
             Lord
             besides
             the
             King.
          
           
           And
           Spelman
           in
           his
           Exposition
           of
           the
           word
           shews
           by
           several
           Instances
           ,
           
           That
           
             private
             Persons
             had
             their
             Liegmen
             also
             .
          
           
           But
           tho'
           Ligeance
           had
           anciently
           so
           large
           a
           Signification
           ;
           
           yet
        
         
           4.
           
           It
           was
           at
           length
           confin'd
           to
           denote
           only
           the
           Obligation
           of
           a
           Vassal
           to
           the
           Sovereign
           Lord
           of
           the
           Fee.
           Hence
           that
           Distinction
           in
           the
           Feudists
           
             inter
             Feudum
             ligium
          
           ,
           
           
             &
             non
             ligium
          
           ;
           which
           is
           thus
           explain'd
           by
           Dr.
           Cowel
           in
           his
           Institution
           ;
           
           
             viz.
             [
             That
             the
             former
             is
             properly
             so
             called
             ,
             when
             an
             Oath
             of
             Fidelity
             is
             taken
             without
             exception
             of
             any
             one
             ;
             and
             the
             later
             ,
             when
             it
             is
             sworn
             with
             exception
             of
             another
             Fealty
             ▪
             The
             one
             is
             due
             only
             to
             the
             K.
             and
             the
             other
             even
             to
             common
             Persons
             .
             ]
          
           In
           short
           ,
           the
           one
           was
           held
           immediately
           of
           the
           Crown
           ,
           and
           the
           other
           mediately
           under
           an
           inferior
           Lord
           ;
           and
           therefore
           it
           was
           but
           equitable
           ,
           that
           in
           the
           Oath
           of
           Fealty
           to
           him
           ,
           exception
           should
           be
           made
           of
           the
           King
           ,
           who
           was
           the
           Original
           Proprietor
           ,
           and
           Sovereign
           Lord
           of
           the
           Fee.
           
        
         
           5.
           
           Two
           considerable
           Prerogatives
           may
           be
           observed
           from
           the
           Lawyers
           ,
           which
           were
           peculiar
           to
           the
           Sovereign
           Lord
           alone
           .
           First
           ,
           That
           whereas
           the
           Inferiour
           Lord
           had
           only
           
             propter
             rem
          
           a
           right
           to
           the
           Fealty
           of
           his
           Vassal
           ,
           from
           which
           he
           might
           free
           himself
           by
           surrendring
           his
           Estate
           ,
           the
           Sovereign
           Lord
           had
           a
           Right
           to
           it
           
             propter
             personam
          
           also
           ;
           and
           consequently
           ,
           tho
           his
           Liegeman
           did
           part
           with
           his
           Estate
           ,
           yet
           Allegiance
           was
           still
           due
           by
           vertue
           of
           that
           inalienable
           Jurisdiction
           ,
           which
           the
           Sovereign
           had
           over
           his
           Person
           .
           Secondly
           ,
           Whereas
           between
           an
           Inferior
           Lord
           and
           his
           Vassal
           ,
           there
           was
           such
           a
           a
           strict
           reciprocal
           Obligation
           to
           protection
           on
           the
           one
           part
           ,
           and
           Fidelity
           on
           the
           other
           ,
           that
           (
           as
           the
           Tenant
           lost
           his
           Fee
           upon
           breach
           of
           Fidelity
           ;
           
           so
           likewise
           )
           the
           Inferior
           Lord
           ,
           if
           he
           refused
           protection
           to
           his
           Vassal
           ,
           or
           committed
           any
           enormous
           Offence
           against
           him
           ,
           
           did
           forfeit
           [
           to
           the
           Sovereign
           Lord
           ]
           all
           his
           right
           to
           the
           Fee.
           
           Yet
           ,
           as
           Molinaeus
           affirms
           
             [
             this
             Penal
             Forseiture
             of
             Dominion
             extended
             only
             to
             Inferior
             Lords
          
           ;
           
           
             the
             Sovereign
             being
             exempted
             from
             it
             .
          
           
           ]
           For
           tho
           the
           Liege-Sovereign
           was
           bound
           to
           protect
           his
           Liegemen
           ;
           yet
           there
           was
           no
           provision
           that
           he
           should
           forfeit
           his
           right
           to
           their
           Fealty
           ,
           if
           he
           did
           not
           perform
           his
           Obligations
           to
           them
           .
           Indeed
           there
           can
           be
           nothing
           more
           irrational
           ,
           than
           to
           imagine
           such
           a
           Provision
           ;
           when
           Fee-Lands
           were
           Originally
           owing
           only
           to
           the
           Munificence
           of
           Kings
           ,
           and
           even
           before
           that
           new
           Obligation
           of
           Fealty
           ,
           they
           had
           an
           antecedent
           right
           to
           the
           Fidelity
           of
           their
           Subjects
           ;
           
             when
             the
             Kings
             Lands
          
           (
           as
           the
           Lawyers
           speak
           )
           
             were
             held
             under
             God
             alone
             ,
             and
             therefore
             could
             
             not
             be
             forfeitable
             to
             any
             ;
             when
             the
             K.
             himself
             could
             not
             be
             responsible
             for
             any
             Injury
             for
             want
             of
             a
             Superiour
             Jurisdiction
             ;
             [
             and
             if
             any
             were
             done
             to
             the
             Subject
             ,
          
           
           
             there
             was
             no
             other
             remedy
             ,
             but
             only
             humble
             Petition
             ,
             that
             the
             K.
             would
             correct
             and
             amend
             his
             Fact
             ;
             which
             if
             he
             refused
             to
             do
             ,
             it
             was
             once
             thought
             a
             sufficient
             Punishment
             for
             him
             ,
             that
             God
             was
             to
             be
             his
             Avenger
             .
             ]
          
           This
           I
           have
           here
           observ'd
           ,
           because
           the
           Assertors
           of
           the
           Republican
           Doctrines
           have
           maintained
           ,
           that
           Kings
           may
           forfeit
           their
           Crowns
           ,
           not
           only
           from
           the
           nature
           of
           that
           Imaginary
           Contract
           ,
           which
           they
           suppose
           was
           made
           at
           the
           first
           Origine
           of
           the
           Government
           ;
           but
           also
           from
           that
           Contract
           which
           was
           made
           between
           the
           Sovereign
           ,
           and
           his
           Vassals
           ,
           and
           which
           they
           suppose
           to
           be
           equaily
           on
           both
           sides
           Conditionate
           .
        
         
           6.
           
           Though
           these
           Feudal
           Laws
           are
           now
           in
           a
           great
           measure
           antiquated
           ;
           yet
           the
           Fealty
           by
           which
           a
           Vassal
           is
           bound
           to
           his
           Lord
           is
           still
           in
           force
           .
           Sir
           
             Henry
             Spelman
          
           says
           ,
           
           
             [
             That
             Fealty
             in
          
           England
           
             is
             inseparable
             from
             all
             Tenures
             ,
             and
             though
             it
             be
             now
             but
             seldom
             exacted
             ,
             yet
             it
             can
             by
             no
             means
             be
             releas'd
             without
             destruction
             of
             the
             Tenure
             ;
             so
             that
             the
             taking
             of
             the
             Oath
             seems
             rather
             to
             be
             remitted
             ,
             than
             the
             Obligation
             it self
             to
             be
             dissolv'd
             .
             ]
          
           And
           much
           more
           does
           the
           Obligation
           of
           Fealty
           to
           the
           K.
           continue
           still
           in
           force-upon
           all
           the
           Subjects
           by
           virtue
           of
           their
           Tenures
           from
           him
           .
           The
           same
           great
           Antiquary
           affirms
           ,
           
             That
             the
             Feudal
             Law
             was
             first
             brought
             into
          
           England
           by
           William
           
             the
             Conqueror
             ,
             [
             Qui
             lege
             eâ
             è
             Normannia
             traductâ
             Angliam
             totam
             suis
             divisit
             commilitibus
             .
             ]
          
           And
           this
           universal
           distribution
           of
           the
           English
           Lands
           among
           his
           Soldiers
           ,
           and
           Institution
           of
           Fee
           service
           is
           attested
           by
           †
           
             Mat.
             Paris
          
           ,
           and
           by
           Mr.
           *
           Cambden
           also
           .
           And
           hence
           it
           is
           ,
           that
           all
           the
           Lands
           of
           England
           being
           originally
           derived
           from
           the
           Crown
           ,
           are
           still
           held
           of
           the
           King
           in
           nature
           of
           a
           Fee
           ,
           which
           implies
           Fealty
           to
           him
           .
           And
           this
           is
           a
           true
           ,
           and
           easie
           account
           of
           those
           Assertions
           of
           the
           Lawyers
           :
           
             [
             That
             the
             King
             is
             the
             Sovereign
             Lord
             ,
          
           
           
             or
             Lord
             Paramount
          
           ,
           
           
             either
             mediate
             or
             immeate
             of
             every
             parcel
             of
             Land
             within
             the
             Realm
          
           ;
           
           
             and
             that
             the
             Subjects
             have
             not
             a
             direct
             and
             plenary
             Dominion
             ,
          
           
           
             but
             only
             a
             Fiduciary
             ,
             and
             conditionate
             property
             in
             their
             Estates
             ,
             ]
          
           which
           are
           still
           forfeitable
           by
           the
           common
           Law
           ,
           and
           upon
           breach
           of
           Fealty
           do
           revert
           to
           the
           Original
           Donor
           .
           Which
           Law
           ,
           according
           to
           the
           nature
           of
           the
           Crime
           ,
           does
           also
           vary
           the
           forfeiture
           :
           as
           in
           case
           of
           Felony
           the
           K.
           hath
           a
           Year
           ,
           a
           Day
           ,
           and
           the
           Wast
           ;
           after
           which
           it
           passeth
           down
           to
           the
           Heir
           :
           But
           in
           case
           of
           Treason
           ,
           which
           is
           the
           highest
           breach
           of
           Fealty
           ,
           after
           Legal
           Conviction
           of
           the
           Traytor
           ,
           the
           Fee
           is
           for
           ever
           forfeited
           ,
           and
           all
           his
           Lands
           and
           Tenements
           are
           absolutely
           at
           the
           King's
           disposal
           .
           And
           though
           a
           Statute
           was
           made
           25
           Ed.
           III.
           to
           determine
           what
           was
           precisely
           Treason
           :
           yet
           this
           was
           only
           declarative
           of
           what
           was
           truly
           Treason
           by
           the
           Feudal
           Laws
           ,
           which
           were
           then
           a
           part
           of
           the
           Common
           Law
           of
           England
           .
           And
           hence
           it
           appears
           ,
           how
           necessary
           it
           is
           for
           the
           understanding
           of
           the
           true
           meaning
           of
           Faith
           and
           Allegiance
           ,
           to
           enquire
           into
           the
           nature
           of
           Fealty
           ;
           whence
           the
           Subjects
           are
           called
           
             Fideles
             &
             Ligii
             Regis
          
           ;
           and
           from
           which
           all
           our
           Oaths
           of
           Fidelity
           ,
           and
           Allegiance
           derive
           their
           Birth
           ,
           and
           Original
           .
        
         
           7.
           
           As
           the
           word
           Allegiance
           was
           appropriated
           to
           express
           the
           Obligation
           of
           a
           Liege
           Vassal
           to
           his
           Sovereign
           :
           so
           was
           it
           also
           at
           length
           enlarged
           to
           comprehend
           all
           the
           duties
           of
           Fidelity
           and
           Subjection
           ,
           which
           (
           not
           only
           they
           ,
           who
           hold
           Lands
           in
           Fee
           ,
           but
           also
           )
           every
           individual
           Subject
           
           of
           this
           Realm
           was
           bound
           to
           pay
           unto
           the
           King.
           Thus
           Zouch
           out
           of
           
             Duarenus
             ,
             [
             The
             Fidelity
          
           ,
           
           
             which
             is
             due
             to
             the
             Sovereign
             ,
          
           
           
             is
             by
             the
             Feudists
             called
             Ligeance
             ,
             and
             as
             many
             as
             live
             within
             his
             Dominions
             are
             stiled
             Liege-men
             ;
             who
             are
             bound
             to
             the
             Sovereign
             not
             only
             by
             reason
             of
             their
             Estates
             ,
          
           
           
             but
             also
             in
             respect
             of
             their
             Persons
             ,
             and
             his
             Protection
             of
             them
             .
             ]
          
           The
           reason
           then
           why
           all
           the
           Subjects
           of
           this
           Realm
           are
           called
           the
           King's
           Liege-men
           is
           ,
           because
           their
           persons
           being
           under
           his
           Jurisdiction
           ,
           and
           Protection
           ,
           they
           are
           therefore
           bound
           to
           pay
           due
           Fealty
           and
           Allegiance
           to
           him
           .
        
         
           This
           universal
           Allegiance
           of
           all
           the
           natural
           Subjects
           of
           this
           Realm
           ,
           
           is
           by
           the
           Lord
           Coke
           distinguished
           .
           
             1.
             
             Into
             natural
             Ligeance
             ;
             which
             is
             so
             called
             ,
             because
             it
             is
             originally
             due
             by
             Nature
             ,
             and
             Birthright
             .
             And
             ,
             2.
             
             Legal
             Ligeance
             ;
             so
             called
             ,
             because
             the
             Municipal
             Laws
             of
             this
             Realm
             prescribe
             the
             Form
             and
             Order
             of
             it
             :
             and
             this
             ,
             says
             he
             ,
             is
             that
             ,
             which
             the
             Law
             requires
             upon
             Oath
             at
             the
             Leet
             .
             This
             Oath
             of
             Allegiance
             in
             his
             Institutes
             he
             says
             expresly
             ,
             is
             the
             same
             with
             
               Homagium
               Ligeum
            
             ,
             which
             he
             thus
             defines
             in
             
             Calvin's
             Case
             ,
             
               [
               Quod
               soli
               Regi
               debetur
               sine
               servitio
               ;
               ]
            
             and
             opposes
             it
             to
             
               Homagium
               Feudale
            
             ,
             
             which
             hath
             it's
             original
             by
             Tenure
             .
          
           And
           to
           this
           Sir
           
             Henry
             Spelman
          
           seems
           to
           agree
           ;
           who
           tells
           us
           ,
           
             That
             Liege
             ,
             or
             Sovereign
             Homage
             is
             due
             only
             to
             the
             King
             in
             right
             of
             Sovereignty
             .
          
           And
           they
           both
           differ
           herein
           ,
           from
           the
           Feudists
           ;
           who
           define
           Homage
           to
           be
           
             Sponsionem
             fidelitatis
             propter
             Tenuram
          
           ;
           
           and
           from
           our
           ancient
           Lawyers
           ,
           who
           do
           intimate
           ,
           
             that
             Liege
             Homage
             was
             made
             unto
             private
             Persons
             also
             .
          
        
         
           8.
           
           The
           word
           Ligeance
           is
           yet
           further
           in
           our
           Laws
           ,
           and
           Lawyers
           enlarged
           to
           denote
           the
           duty
           ,
           not
           of
           natural
           Subjects
           only
           ,
           but
           also
           of
           Denisons
           ,
           and
           Aliens
           .
           Thus
           we
           are
           informed
           likewise
           in
           
           Calvin's
           Case
           ,
           that
           besides
           natural
           Ligeance
           there
           is
           also
           
             Ligeantia
             acquisita
          
           ,
           which
           is
           due
           by
           acquisition
           ,
           or
           Denization
           ;
           and
           
             Ligeantia
             Localis
          
           ,
           and
           that
           is
           ,
           when
           an
           Alien
           ,
           who
           is
           in
           amity
           ,
           cometh
           into
           England
           ,
           because
           he
           is
           then
           within
           the
           King's
           Protection
           ,
           he
           does
           therefore
           owe
           a
           Local
           Allegiance
           to
           him
           .
        
         
           9.
           
           Lastly
           ,
           Allegiance
           is
           sometimes
           taken
           in
           a
           signification
           yet
           more
           general
           ,
           and
           extensive
           to
           express
           the
           mutual
           ,
           and
           reciprocal
           Obligation
           between
           the
           Liege
           Sovereign
           and
           his
           Subjects
           ;
           whereby
           the
           Sovereign
           is
           bound
           to
           the
           Protection
           ,
           and
           just
           Government
           of
           his
           Subjects
           ;
           and
           they
           again
           to
           pay
           due
           Fidelity
           ,
           and
           Subjection
           to
           their
           Sovereign
           .
           And
           thus
           it
           is
           defined
           in
           general
           by
           Skene
           in
           his
           Book
           
             De
             Expositione
             Verborum
          
           ,
           
           who
           is
           herein
           followed
           by
           the
           Lord
           Coke
           ,
           
           and
           Sir
           
             Henry
             Spelman
          
           also
           .
        
         
           It
           appears
           then
           in
           how
           great
           a
           Latitude
           the
           word
           Allegiance
           is
           taken
           ,
           and
           how
           variously
           it
           has
           been
           applied
           to
           express
           different
           Obligations
           to
           different
           Persons
           .
           The
           various
           significations
           of
           it
           (
           as
           far
           as
           I
           can
           observe
           )
           may
           be
           reduced
           to
           these
           six
           .
           First
           ,
           It
           anciently
           denoted
           the
           Service
           ,
           and
           Fidelity
           ,
           that
           any
           Vassal
           owed
           to
           the
           Lord
           of
           the
           Fee.
           Secondly
           ,
           It
           was
           confin'd
           to
           express
           the
           duty
           of
           a
           Liege
           Vassal
           to
           the
           Sovereign
           Lord.
           Thirdly
           ,
           It
           was
           then
           enlarged
           to
           comprehend
           the
           whole
           duty
           of
           every
           natural
           Subject
           to
           his
           natural
           Sovereign
           .
           Fourthly
           ,
           It
           sometimes
           signifies
           that
           Oath
           of
           Fidelity
           ,
           which
           the
           Law
           requires
           of
           every
           Subject
           ,
           and
           is
           therefore
           call'd
           
             Legal
             Ligeance
          
           .
           Fifthly
           ,
           It
           is
           said
           to
           express
           the
           Obligation
           of
           a
           Foreigner
           ,
           as
           of
           a
           Denison
           ;
           and
           of
           an
           Alien
           while
           he
           is
           in
           the
           Realm
           .
           And
           lastly
           ,
           It
           is
           applied
           to
           express
           the
           reciprocal
           Obligations
           ,
           that
           are
           between
           a
           Liege
           Sovereign
           ,
           and
           his
           Subjects
           .
        
         
           As
           for
           this
           last
           signification
           of
           Allegiance
           ,
           
           we
           have
           already
           consider'd
           it
           ,
           where
           we
           discoursed
           of
           the
           Prerogatives
           of
           the
           Sovereign
           Lords
           :
           for
           here
           we
           are
           to
           consider
           the
           duty
           of
           Allegiance
           ,
           as
           it
           relates
           to
           Subjects
           only
           :
           and
           there
           would
           be
           nothing
           more
           absurd
           ,
           than
           to
           say
           ,
           That
           when
           Subjects
           swear
           Allegiance
           to
           their
           King
           ,
           they
           do
           swear
           
           that
           he
           also
           shall
           discharge
           the
           Obligations
           of
           a
           Liege
           Sovereign
           towards
           them
           .
        
         
           So
           likewise
           when
           Allegiance
           is
           applied
           to
           Aliens
           ,
           the
           very
           nature
           of
           the
           thing
           does
           shew
           ,
           that
           it
           must
           signifie
           only
           those
           branches
           of
           the
           duty
           of
           Allegiance
           ,
           which
           an
           Alien
           is
           bound
           to
           while
           he
           is
           in
           England
           ,
           viz.
           conformity
           to
           the
           Laws
           ,
           and
           an
           obligation
           not
           to
           attempt
           any
           thing
           against
           the
           King
           ,
           while
           he
           is
           within
           his
           Protection
           .
           So
           also
           when
           it
           is
           applied
           to
           a
           Denison
           ,
           who
           is
           made
           free
           of
           the
           Kingdom
           ,
           but
           not
           entitled
           to
           all
           the
           Liberties
           ,
           and
           Priviledges
           of
           a
           Natural
           Subject
           ,
           it
           can
           then
           signifie
           only
           those
           duties
           of
           Allegiance
           ,
           which
           a
           Denison
           is
           obliged
           to
           ,
           whatsoever
           they
           are
           .
           For
           as
           the
           Duties
           of
           Allegiance
           are
           diversified
           by
           the
           different
           qualities
           of
           Natural
           Subjects
           ;
           and
           a
           Clerk
           ,
           a
           Soldier
           ,
           and
           Artificer
           are
           not
           bound
           to
           the
           same
           particular
           acts
           of
           Allegiance
           :
           so
           likewise
           the
           different
           degres
           of
           Allegiance
           must
           be
           determin'd
           by
           the
           different
           degrees
           of
           subjection
           :
           and
           therefore
           a
           Natural
           Subject
           ,
           who
           enjoys
           all
           the
           Liberties
           ,
           and
           Priviledges
           of
           the
           Kingdom
           ,
           and
           owes
           the
           highest
           degree
           of
           subjection
           ,
           must
           be
           in
           reason
           obliged
           to
           a
           higher
           degree
           of
           Allegiance
           than
           a
           Denison
           ,
           who
           ,
           though
           he
           be
           to
           some
           intents
           incorporated
           into
           this
           Kingdom
           ,
           is
           yet
           the
           natural
           Subject
           of
           another
           Sovereign
           :
           and
           he
           again
           is
           obliged
           to
           more
           than
           an
           Alien
           ,
           who
           is
           only
           a
           Subject
           
             in
             Transitu
          
           ,
           and
           enjoys
           nothing
           but
           Protection
           from
           Injury
           .
           But
           we
           have
           now
           nothing
           to
           do
           with
           Allegiance
           ,
           as
           it
           is
           applied
           to
           Foreigners
           .
           Allegiance
           in
           the
           Oath
           before
           us
           is
           required
           ,
           and
           imposed
           upon
           all
           the
           Natural
           Subjects
           of
           this
           Realm
           ;
           and
           therefore
           it
           must
           be
           that
           ,
           which
           is
           due
           from
           Natural
           Subjects
           ,
           and
           not
           such
           as
           is
           due
           from
           Foreigners
           .
           We
           are
           bound
           to
           honour
           God
           ,
           and
           the
           King
           ,
           and
           Subordinate
           Magistrates
           ,
           our
           Spiritual
           Rulers
           ,
           our
           Parents
           ,
           all
           our
           Superiors
           ,
           and
           in
           some
           sense
           all
           our
           Inferiors
           .
           Honour
           is
           due
           to
           all
           these
           ,
           but
           in
           different
           kinds
           ,
           and
           degrees
           according
           to
           the
           nature
           of
           the
           Duty
           ,
           as
           it
           is
           applied
           by
           different
           Persons
           to
           different
           Objects
           .
           Now
           it
           would
           be
           a
           gross
           absurdity
           ,
           when
           we
           are
           commanded
           to
           honour
           God
           ,
           or
           the
           King
           ,
           to
           interpret
           it
           of
           such
           a
           degree
           of
           honour
           ,
           as
           is
           due
           to
           a
           Parish
           Priest
           ,
           a
           Constable
           ,
           or
           a
           Beggar
           ,
           because
           honour
           is
           due
           respectively
           to
           every
           one
           of
           these
           .
           So
           it
           is
           equally
           absurd
           ,
           when
           Allegiance
           is
           universally
           required
           of
           all
           the
           Natural
           Subjects
           ,
           because
           the
           word
           is
           sometimes
           taken
           in
           a
           lower
           sense
           ,
           when
           it
           is
           referr'd
           to
           Aliens
           ,
           to
           argue
           from
           thence
           ,
           that
           the
           Law
           ,
           which
           requires
           Allegiance
           from
           all
           Natural
           Subjects
           ,
           requires
           no
           more
           ,
           than
           an
           Alien
           is
           bound
           to
           .
           To
           argue
           thus
           ,
           is
           at
           once
           to
           do
           violence
           to
           common
           sense
           ,
           and
           Language
           ;
           for
           as
           no
           one
           that
           understands
           either
           ,
           can
           imagine
           that
           the
           Precept
           which
           enjoyns
           Sons
           to
           honour
           their
           Parents
           ,
           requires
           less
           than
           filial
           Duty
           ,
           and
           Obedience
           ,
           though
           the
           word
           honour
           often
           signifies
           less
           :
           so
           neither
           can
           it
           be
           reasonably
           imagin'd
           ,
           that
           Allegiance
           in
           the
           Oath
           imposed
           does
           signifie
           less
           ,
           than
           all
           that
           Fidelity
           ,
           and
           Obedience
           ,
           which
           a
           Natural
           Subject
           owes
           to
           his
           Natural
           Sovereign
           ,
           though
           the
           word
           ,
           as
           it
           relates
           to
           Aliens
           ,
           may
           sometimes
           signifie
           less
           .
        
         
           But
           however
           ,
           if
           Allegiance
           must
           needs
           be
           understood
           in
           that
           sense
           ;
           as
           if
           by
           the
           force
           of
           that
           word
           we
           were
           obliged
           to
           no
           more
           ,
           than
           what
           even
           an
           Alien
           may
           swear
           to
           perform
           :
           yet
           it
           is
           to
           be
           consider'd
           ,
           that
           even
           the
           Local
           Allegiance
           ,
           which
           an
           Alien
           owes
           to
           the
           King
           in
           whose
           Dominions
           he
           is
           ,
           does
           at
           the
           least
           oblige
           him
           not
           to
           attempt
           against
           his
           Crown
           and
           Dignity
           ,
           as
           long
           as
           he
           resides
           in
           those
           Dominions
           .
           Whereas
           he
           ,
           who
           conceives
           his
           Oath
           to
           K.
           J.
           to
           be
           still
           Obligatory
           ,
           must
           consequently
           think
           himself
           obliged
           to
           attempt
           the
           dethroning
           of
           the
           K.
           
             de
             facto
          
           ;
           and
           cannot
           therefore
           swear
           even
           a
           Local
           Allegiance
           to
           him
           .
        
         
           It
           remains
           then
           to
           consider
           the
           other
           Applications
           of
           the
           word
           Allegiance
           ,
           which
           are
           all
           reducible
           to
           these
           two
           ;
           that
           Allegiance
           ,
           which
           was
           requir'd
           of
           
           those
           who
           held
           Lands
           in
           Fee
           ;
           and
           that
           which
           is
           required
           of
           all
           the
           Subjects
           in
           general
           ,
           which
           is
           also
           distinguished
           into
           Legal
           ,
           and
           Natural
           Allegiance
           .
           And
           these
           several
           kinds
           of
           Allegiance
           are
           not
           thus
           distinguished
           ,
           because
           they
           import
           different
           Duties
           ;
           but
           in
           respect
           of
           the
           different
           Grounds
           ,
           from
           whence
           their
           Obligation
           is
           derived
           .
           For
           I
           shall
           produce
           undeniable
           proofs
           ,
           that
           they
           do
           all
           concur
           in
           obliging
           us
           to
           the
           same
           Duties
           :
           and
           that
           ,
           which
           I
           undertake
           to
           evince
           ,
           is
           this
           ;
           That
           Allegiance
           in
           those
           several
           acceptations
           does
           import
           ,
           not
           only
           that
           Obedience
           ,
           and
           Submission
           ,
           which
           may
           be
           lawfully
           paid
           to
           an
           Usurper
           ,
           with
           a
           Reservation
           of
           Fidelity
           to
           the
           lawful
           King
           ;
           which
           is
           the
           sense
           of
           the
           lowest
           :
           nor
           yet
           a
           meer
           peaceable
           Neutrality
           ,
           which
           may
           make
           a
           middle
           construction
           :
           but
           that
           it
           always
           imports
           an
           Obligation
           to
           defend
           our
           Sovereign's
           Crown
           and
           Dignity
           ,
           to
           the
           utmost
           of
           our
           power
           ,
           against
           all
           Persons
           whatsoever
           ,
           without
           any
           exception
           ;
           and
           never
           to
           give
           any
           assistance
           ,
           or
           support
           to
           any
           of
           his
           Enemies
           against
           him
           ;
           as
           the
           first
           ,
           and
           highest
           Construction
           of
           the
           Oath
           explains
           it
           .
           And
           first
           ,
           for
           the
           better
           understanding
           the
           Obligation
           of
           Feudal
           Allegiance
           ;
           it
           is
           requisite
           to
           enquire
           into
           that
           Fidelity
           ,
           which
           every
           Vassal
           was
           bound
           to
           pay
           unto
           his
           Lord.
           And
           there
           can
           be
           nothing
           more
           evident
           ,
           than
           that
           it
           obliged
           him
           not
           only
           to
           abstinence
           from
           all
           Injuries
           ,
           but
           also
           to
           an
           active
           ,
           and
           vigorous
           assistance
           of
           him
           .
           This
           is
           abundantly
           evident
           from
           the
           Feudal
           Books
           annexed
           to
           the
           body
           of
           the
           Civil
           Law
           :
           out
           of
           which
           I
           shall
           produce
           some
           demonstrative
           proofs
           to
           evince
           it
           .
        
         
           
             At
             the
             Investiture
             of
             a
             Fee
             ,
             the
             Vassal
             was
             to
             swear
             Fidelity
             in
             this
             form
             .
          
           
           [
           Ego
           Titius
           juro
           super
           haec
           sancta
           Dei
           Evangelia
           quod
           ab
           hâc
           horâ
           in
           ant●a
           usque
           ad
           ultimum
           diem
           vitae
           ero
           fidelis
           tibi
           Cato
           Domino
           meo
           contra
           omnem
           hominem
           exceptô
           Imperatore
           ,
           vel
           Rege
           .
           ]
           
             And
             there
             follows
             in
             the
             Law
             an
             Explanation
             of
             the
             Oath
             to
             this
             Effect
             .
          
           [
           I
           swear
           ,
           that
           I
           will
           never
           be
           in
           Counsel
           ,
           or
           aid
           against
           the
           Life
           ,
           Person
           ,
           or
           H●nour
           of
           you
           my
           Lord
           :
           and
           if
           any
           such
           design
           shall
           come
           to
           my
           knowledge
           ,
           I
           will
           discover
           it
           to
           you
           as
           〈◊〉
           ,
           as
           may
           be
           ,
           and
           be
           ready
           to
           assist
           you
           to
           the
           utmost
           of
           my
           power
           :
           and
           if
           you
           shall
           chance
           to
           be
           unjustly
           deprived
           of
           any
           thing
           I
           will
           aid
           you
           to
           recover
           it
           :
           and
           if
           you
           make
           a
           just
           Offensive
           War
           upon
           any
           One
           ,
           I
           will
           be
           ready
           upon
           due
           Summons
           with
           all
           my
           might
           to
           assist
           you
           ]
           
             These
             were
             the
             particularities
             ,
             which
             by
             the
             Feudal
             Law
             were
             contain'd
             in
             the
             Oath
             of
             Fealty
          
        
         
           In
           another
           place
           it
           is
           expresly
           provided
           ,
           
           that
           the
           Vassal
           should
           give
           his
           Counsel
           and
           assistance
           to
           his
           Lord
           for
           the
           preservation
           of
           his
           Life
           ,
           and
           Honour
           ,
           his
           Fortresses
           ,
           and
           Possessions
           ;
           because
           ,
           says
           that
           Law
           ,
           
             [
             It
             is
             not
             sufficient
             to
             abstain
             from
             Injuries
             ,
             unless
             actual
             good
             Service
             were
             performed
             also
             .
          
        
         
           Another
           proof
           hereof
           may
           be
           deduced
           from
           the
           Obligation
           of
           a
           Vassal
           to
           assist
           his
           Lord
           in
           his
           Wars
           .
           
           Hotoman
           observes
           ,
           That
           in
           the
           Feudal
           Laws
           
             Vassals
             are
             commonly
             called
             Soldiers
             ,
             and
             that
             anciently
             none
             but
             such
             were
             capable
             of
             Lands
             in
             Fee
             ,
             because
             the
             greatest
             part
             of
             their
             Feudal
             Services
             were
             purely
             Military
             .
          
           Accordingly
           it
           is
           declared
           in
           those
           Laws
           ;
           [
           *
           
             That
             the
             Vassal
             was
             bound
             to
             assist
             his
             Lord
             in
             his
             Offensive
             Wars
             ,
             if
             he
             knew
             them
             to
             be
             just
             ;
             or
             if
             he
             only
             doubted
             of
             the
             justice
             of
             them
             :
             but
             if
             the
             War
             was
             manifestly
             unjust
             ,
             even
             then
             he
             was
             bound
             to
             assist
             him
             in
             his
             necessary
             Defence
             ,
             but
             not
             also
             in
             the
             unjust
             Invasion
             of
             others
             .
             ]
          
           And
           lastly
           ,
           If
           the
           Vassal
           upon
           due
           Summons
           refused
           to
           give
           his
           assistance
           ,
           if
           he
           deserted
           his
           Lord
           in
           the
           time
           of
           Battle
           ,
           
           if
           he
           did
           not
           discover
           all
           Designs
           against
           his
           Life
           ,
           Honour
           ,
           and
           Estate
           ,
           that
           came
           to
           his
           knowledge
           ;
           and
           much
           more
           ,
           if
           he
           did
           any
           thing
           ,
           that
           tended
           to
           the
           destruction
           ,
           or
           disherison
           of
           his
           Lord
           ,
           there
           were
           express
           provisions
           ,
           that
           in
           such
           ,
           and
           other
           Cases
           he
           
           should
           forfeit
           his
           Tenure
           for
           his
           Treachery
           ,
           and
           Ingratitude
           .
        
         
           It
           is
           necessary
           here
           to
           observe
           ,
           That
           the
           same
           Obligations
           of
           a
           Vassal
           to
           his
           Lord
           ,
           which
           were
           required
           by
           the
           Imperial
           Feudal
           Law
           ,
           were
           also
           admitted
           ,
           and
           exacted
           by
           the
           Common
           Law
           of
           England
           .
           
           It
           is
           evident
           from
           
             Glanville
             ,
             [
             That
             the
             Vassal
             was
             bound
             to
             assist
             his
             Lord
             in
             his
             Wars
          
           ;
           
           
             and
             if
             he
             held
             of
             more
             ,
             than
             one
             ,
             to
             fight
             in
             his
             Person
             with
             his
             Capital
             Lord
             ,
             even
             against
             his
             other
             Lords
             ,
             in
             case
             he
             were
             so
             required
             .
             ]
          
           Every
           one
           knows
           ,
           that
           there
           were
           anciently
           several
           Tenures
           among
           us
           ,
           which
           were
           purely
           Military
           :
           and
           though
           Tenures
           upon
           condition
           of
           Services
           purely
           Civil
           were
           also
           introduced
           ,
           such
           as
           Soccage
           ,
           and
           others
           ;
           yet
           even
           in
           these
           the
           Vassals
           were
           obliged
           to
           perform
           Homage
           ,
           and
           swear
           Fidelity
           to
           their
           Lords
           .
           And
           from
           that
           ancient
           form
           of
           Homage
           ,
           which
           we
           have
           in
           the
           Statute
           Book
           ,
           and
           in
           
             Bracton
             ,
             Fleta
          
           ,
           and
           Littleton
           ,
           it
           is
           evident
           ,
           that
           the
           Vassal
           was
           not
           only
           obliged
           to
           a
           Negative
           Fidelity
           ,
           which
           consists
           in
           abstaining
           from
           Injury
           ;
           but
           also
           to
           positive
           services
           ,
           and
           assistance
           of
           him
           .
           The
           form
           runs
           thus
           ,
           
             [
             I
             become
             your
             Man
             from
             this
             day
             forward
             of
             Life
             and
             Limb
             ,
             and
             unto
             you
             shall
             be
             true
             ,
             and
             faithful
             ;
             and
             bear
             you
             Faith
             for
             the
             Tenements
             ,
             that
             I
             claim
             to
             hold
             of
             you
             ;
             saving
             the
             Faith
             ,
             which
             I
             owe
             unto
             our
             Sovereign
             Lord
             the
             King.
             
          
        
         
           
             The
             Lord
          
           Coke
           
             in
             his
          
           Institutes
           
             gives
             us
             this
             Exposition
             of
             it
             .
          
           
           [
           Foial
           ,
           and
           Lo●al
           ,
           
             (
             which
             are
             words
             equivalent
             to
             faithful
             and
             true
             Allegiance
             in
             the
             Oath
             before
             us
             )
          
           these
           words
           are
           of
           great
           extent
           ,
           for
           they
           extend
           to
           the
           observation
           of
           the
           Lord's
           Counsel
           ,
           in
           whatsoever
           is
           honest
           ,
           and
           profitable
           :
           Omnis
           homo
           debet
           fidem
           Domino
           suo
           de
           vitâ
           &
           membris
           suis
           ,
           &
           terrenô
           honorê
           ,
           &
           observatione
           consilii
           sui
           per
           honestum
           &
           utile
           .
           
             Comprehended
             in
             these
             words
          
           ,
           Foial
           and
           Loyal
           .
           I
           become
           your
           Man
           ,
           of
           Life
           ,
           and
           Limb.
           Therefore
           he
           must
           never
           be
           armed
           against
           ,
           or
           opposite
           to
           his
           Lord
           :
           but
           both
           his
           Life
           and
           Member
           must
           be
           ready
           for
           the
           lawful
           Defence
           of
           his
           Lord.
           ]
        
         
           And
           this
           is
           sufficient
           to
           shew
           ,
           that
           by
           the
           Feudal
           Law
           ,
           as
           it
           is
           received
           in
           England
           ,
           every
           Vassal
           is
           obliged
           to
           an
           active
           Fidelity
           and
           Assistance
           of
           his
           Lord.
           Where
           fore
           .
        
         
           2.
           
           If
           this
           was
           the
           Obligation
           of
           every
           Vassal
           to
           his
           Lord
           ;
           is
           it
           possible
           for
           Men
           of
           sense
           to
           imagine
           ,
           that
           a
           lower
           degree
           of
           Fidelity
           was
           due
           to
           a
           Sovereign
           Lord
           ,
           who
           had
           a
           double
           right
           to
           the
           Service
           of
           his
           Vassals
           ,
           a
           property
           in
           their
           Estates
           ,
           and
           a
           Jurisdiction
           over
           their
           Persons
           ?
           Has
           the
           Law
           ordain'd
           ,
           that
           the
           Servant
           shall
           be
           above
           his
           Master
           ,
           and
           the
           Subject
           above
           his
           Sovereign
           ?
           Has
           it
           provided
           for
           the
           safety
           of
           an
           inferior
           Lord
           ,
           and
           left
           the
           Sovereign
           defenceless
           ?
           Given
           the
           one
           a
           right
           to
           the
           utmost
           service
           of
           his
           Vassal
           ,
           and
           obliged
           the
           other
           to
           be
           content
           with
           a
           peaceable
           Indifferency
           ,
           and
           a
           cold
           Neutrality
           ?
           Or
           lastly
           ,
           Can
           it
           be
           supposed
           ,
           that
           Sovereign
           Princes
           ,
           who
           enacted
           ,
           or
           introduced
           these
           Laws
           ,
           did
           intend
           that
           their
           own
           Subjects
           should
           have
           such
           a
           Superiority
           above
           themselves
           in
           the
           Fidelity
           of
           their
           Vassals
           ?
           This
           surely
           must
           be
           necessarily
           false
           ,
           as
           it
           is
           plainly
           irrational
           .
           And
           to
           shew
           that
           it
           is
           so
           ,
           it
           will
           be
           sufficient
           to
           observe
           ,
        
         
           1.
           
           That
           in
           the
           Homage
           ,
           and
           Oaths
           of
           Fealty
           made
           by
           Vassals
           to
           inferior
           Lords
           ,
           the
           Sovereign
           Lord
           was
           expresly
           excepted
           .
           Spelman
           ,
           
           and
           others
           tell
           us
           ,
           
             [
             That
          
           Frederick
           Barbarossa
           
             made
             a
             Law
             ,
             that
             the
             Emperor
             should
             be
             expresly
             excepted
             in
             all
             Oaths
             of
             Fidelity
             ;
             and
             that
             this
             Law
             was
             universally
             received
             in
             all
             Nations
             ;
             ]
          
           And
           that
           it
           was
           here
           observed
           in
           England
           is
           evident
           from
           the
           form
           of
           Homage
           here
           inserted
           ,
           
           and
           the
           ancient
           Oath
           of
           Fealty
           in
           Fleta
           .
           But
           also
           .
        
         
           2.
           
           By
           the
           same
           Feudal
           Laws
           ,
           the
           Liege
           Vassals
           of
           the
           Sovereign
           were
           expresly
           obliged
           to
           assist
           ,
           and
           defend
           him
           against
           all
           Persons
           whatsoever
           without
           any
           exception
           .
           This
           is
           evident
           from
           the
           very
           definition
           of
           Liege
           Homage
           in
           
           Skene
           ,
           
           and
           of
           a
           Liege
           Tenure
           in
           the
           Feudists
           ,
           
           and
           from
           the
           common
           Form
           of
           Liege
           Homage
           here
           in
           England
           ,
           which
           was
           made
           to
           the
           King
           in
           these
           Words
           ,
           
           
             [
             I
             become
             your
             man
             for
             the
             Fees
             and
             Tenements
             which
             I
             hold
             of
             you
             ;
             and
             will
             bear
             you
             Faith
             of
             your
             Lise
             ,
             and
             Limbs
             ,
             your
             Body
             ,
          
           
           
             Chattels
             ,
             and
             Terrene
             Honour
             against
             all
             Mortals
             whatsoever
             .
             ]
          
           As
           for
           those
           ,
           who
           held
           in
           Feudo-ligio
           ,
           that
           is
           ,
           immediately
           of
           the
           King
           ;
           it
           is
           undeniable
           ,
           that
           they
           were
           bound
           for
           their
           Fee
           to
           assist
           the
           King
           in
           his
           Wars
           ;
           and
           it
           is
           no
           less
           certain
           ,
           that
           Vassals
           of
           Inferior
           Lords
           ,
           who
           held
           but
           mediately
           of
           the
           Crown
           ,
           were
           also
           bound
           to
           the
           same
           assistance
           of
           their
           Sovereign
           .
           To
           this
           purpose
           a
           Passage
           out
           of
           
             Willelmus
             Nubrigensis
          
           ,
           
           is
           cited
           by
           
             Du-Fresne
             ,
             [
             Regi
             Anglorum
             tanquam
             principali
             Domino
             hominium
             cum
             Ligeantia
          
           ;
           i.
           e.
           
             solenni
             cautione
             ,
             standi
             cum
             eo
             ,
             &
             pro
             eo
             contra
             omnes
             homines
             .
             ]
          
           So
           Glanvile
           informs
           us
           ,
           
             [
             That
             a
             Vassal
             at
             the
             Command
             of
             the
             Prince
             ,
             was
             bound
             to
             fight
             against
             his
             own
             immediate
             Lord.
             ]
          
           And
           lastly
           ,
           that
           Statute
           of
           the
           Conqueror
           does
           expresly
           prove
           it
           ,
           
           wherein
           he
           commands
           
             [
             All
             Earls
          
           ,
           
           
             Barons
             ,
             Knights
          
           ,
           
           
             Serjeants
             ,
             and
             all
             the
             Free-men
             of
             the
             whole
             Kingdom
             to
             be
             always
             well
             provided
             with
             Horse
             and
             Arms
             to
             serve
             him
             as
             often
             as
             need
             shall
             require
             ,
             according
             as
             they
             are
             bound
             by
             their
             Lands
             and
             Tenements
             ,
             and
             as
             he
             had
             appointed
             them
             to
             do
             by
             the
             common
             Council
             of
             the
             Kingdom
             ;
             and
             for
             that
             consideration
             had
             given
             them
             Lands
             in
             Fee
             for
             ever
             .
          
        
         
           Hitherto
           therefore
           it
           appears
           ,
           that
           Ligeance
           in
           its
           Original
           signification
           implied
           an
           obligation
           to
           assist
           the
           Sovereign
           against
           all
           his
           Enemies
           without
           exception
           .
           And
           since
           all
           our
           Oaths
           of
           Allegiance
           are
           manifestly
           derived
           from
           the
           Feudal
           Oaths
           ,
           it
           must
           needs
           be
           probable
           ,
           that
           the
           Ligeance
           universally
           required
           of
           all
           the
           Subjects
           ,
           is
           not
           much
           different
           from
           the
           Feudal
           ,
           to
           which
           it
           owes
           its
           original
           .
           And
           this
           universal
           Allegiance
           I
           shall
           first
           consider
           in
           General
           ;
           and
           endeavour
           to
           shew
           the
           Obligation
           of
           it
           out
           of
           our
           Laws
           ,
           and
           Lawyers
           ,
           Secondly
           ,
           I
           shall
           consider
           it
           ,
           as
           it
           is
           stiled
           Legal
           ;
           And
           Thirdly
           ,
           Natural
           Allegiance
           .
        
         
           1.
           
           I
           am
           to
           consider
           the
           obligation
           of
           Universal
           Allegiance
           in
           general
           .
        
         
           Hotoman
           observes
           ,
           
           that
           there
           are
           two
           kinds
           of
           Fidelity
           ;
           
           the
           one
           perform'd
           by
           Vassals
           ,
           
           and
           the
           other
           by
           Citizens
           ,
           or
           Subjects
           :
           And
           for
           this
           he
           cites
           a
           Law
           of
           the
           Emperor
           Frederick
           ,
           to
           this
           effect
           ;
           
             [
             Let
             our
             Vassals
             swear
             Fealty
             to
             us
             ,
          
           
           
             as
             Vassals
             ,
             and
             all
             others
             as
             Citizens
             ,
             from
             sixteen
             years
             to
             seventy
             .
             ]
          
           And
           in
           his
           Disputations
           he
           proves
           from
           several
           Forms
           of
           Oaths
           of
           Fidelity
           exacted
           by
           several
           Princes
           ,
           of
           all
           their
           Subjects
           ,
           that
           they
           do
           oblige
           to
           the
           same
           Duties
           with
           those
           required
           of
           Vassals
           :
           and
           the
           Forms
           he
           there
           produces
           ,
           do
           particularly
           oblige
           to
           an
           active
           Fidelity
           and
           Assistance
           of
           the
           Sovereign
           against
           all
           men
           living
           .
        
         
           Agreeably
           ,
           in
           this
           Kingdom
           ,
           as
           all
           the
           Subjects
           are
           therefore
           called
           Liegemen
           ,
           beccause
           they
           are
           bound
           unto
           their
           King
           ,
           as
           Vassals
           to
           their
           Lord
           ;
           so
           the
           Oaths
           they
           were
           required
           to
           take
           ,
           and
           the
           Allegiance
           they
           were
           bound
           to
           pay
           unto
           the
           King
           ,
           are
           the
           same
           in
           substance
           with
           the
           Feudal
           Oaths
           ,
           and
           Obligations
           of
           a
           Vassal
           to
           his
           Liege
           Lord
           and
           Sovereign
           .
           The
           late
           Interpreter
           of
           the
           Law-terms
           ,
           tells
           us
           ,
           
           
             [
             That
             Ligeancy
             is
             most
             commonly
             used
             for
             that
             Duty
             ,
             which
             every
             good
             Subject
             owes
             to
             his
             Leige
             Lord
             the
             King.
             ]
          
           And
           says
           after
           Cowel
           ,
           That
           it
           is
           thus
           defined
           in
           the
           Great
           Customary
           of
           Normandy
           ,
           *
           [
           That
           
             it
             is
             an
             Obligation
             upon
             all
             Vassals
             to
             take
             part
             with
             their
             Liege
             Lord
             against
             all
             men
             living
             ,
             to
             serve
             him
             with
             their
             Persons
             ,
             Assistance
             and
             Advice
             ;
             to
             do
             him
             no
             Injury
             ,
             nor
             in
             any
             thing
             to
             support
             his
             Adversaries
             against
             him
             .
             ]
          
           So
           that
           
           hence
           it
           is
           obvious
           ,
           That
           this
           Interpreter
           took
           the
           Allegiance
           of
           a
           Vassal
           and
           every
           good
           Subject
           to
           be
           exactly
           the
           same
           ;
           and
           thought
           this
           to
           be
           a
           good
           Definition
           of
           it
           ;
           which
           is
           as
           absolutely
           inconsistent
           with
           a
           pure
           Neutrality
           ,
           or
           a
           Reservation
           of
           an
           higher
           degree
           of
           Allegiance
           to
           another
           ,
           as
           Words
           can
           express
           .
           The
           same
           Learned
           Interpreter
           has
           yet
           added
           out
           of
           the
           Lord
           Coke
           another
           more
           modern
           Explication
           of
           it
           ;
           viz
           [
           That
           
             it
             is
             the
             true
             and
             faithful
             Obedience
             of
             the
             Subject
             to
             his
             Sovereign
             .
             ]
          
           But
           neither
           will
           this
           import
           a
           meer
           Neutrality
           ,
           or
           only
           a
           peaceable
           Conformity
           to
           the
           Laws
           ,
           if
           we
           will
           take
           the
           sense
           of
           the
           Author
           from
           his
           own
           Account
           of
           the
           Duties
           of
           Allegiance
           .
           He
           gives
           us
           this
           Definition
           in
           
           Calvin's
           Case
           :
           But
           in
           the
           same
           Case
           he
           positively
           asserts
           ,
           [
           That
           
             all
             the
             Subjects
             of
             this
             Realm
             are
             bound
             by
             their
             Allegiance
             to
             discover
             and
             oppose
             all
             Treasons
             against
             the
             King
             ,
             to
             assist
             him
             in
             his
             Wars
             ,
             and
             even
             to
             spend
             their
             Blood
             in
             his
             Defence
             .
             ]
          
           He
           gives
           the
           same
           Description
           in
           his
           Institutes
           also
           ;
           but
           he
           had
           before
           explain'd
           what
           was
           signified
           by
           Faithful
           and
           Loyal
           ;
           which
           ,
           according
           to
           him
           ,
           do
           imply
           positive
           Duties
           of
           actual
           Support
           and
           Assistance
           .
           So
           that
           by
           True
           and
           Faithful
           Obedience
           in
           this
           Definition
           ,
           must
           be
           understood
           all
           those
           positive
           Duties
           of
           Fidelity
           and
           Obedience
           which
           every
           Subject
           owes
           his
           Sovereign
           by
           virtue
           of
           his
           Allegiance
           :
           And
           what
           those
           are
           ,
           may
           be
           clearly
           understood
           from
           the
           known
           Laws
           of
           the
           Land
           ,
           which
           do
           plainly
           intimate
           and
           inform
           us
           to
           what
           Duties
           true
           Allegiance
           does
           bind
           us
           .
        
         
           I
           shall
           here
           out
           of
           many
           ,
           produce
           but
           two
           Passages
           only
           ;
           and
           the
           first
           shall
           be
           out
           of
           the
           Act
           of
           Recognition
           .
           1●
           Jac.
           1.
           c.
           1.
           
           
             [
             Wherein
             both
             the
             H●us●s
             do
             unto
             His
             Maiesty
             most
             humbly
             and
             faithfully
             submit
             ,
             and
             oblige
             themselves
             ,
             their
             Heirs
             and
             Posterity
             for
             ever
             until
             the
             last
             drop
             of
             their
             Blood
             be
             spent
             ;
             and
             do
             beseech
             His
             Maiesty
             to
             accept
             of
             the
             same
             ,
             at
             the
             first
             fruits
             of
             this
             High
             Court
             of
             Parliament
             ,
             of
             their
             Loyalty
             and
             Faith
             to
             His
             Majesty
             ,
          
           
           
             and
             his
             Royal
             Progeny
             and
             Posterity
             for
             ever
             .
             ]
          
           By
           Loyalty
           ,
           here
           is
           meant
           nothing
           but
           Allegiance
           ,
           to
           which
           it
           is
           equivalent
           ;
           and
           hence
           we
           may
           observe
           ,
           first
           ,
           That
           the
           Parliament
           here
           obliged
           themselves
           to
           the
           utmost
           possible
           assistance
           and
           defence
           of
           his
           Majesty
           without
           any
           Conditions
           and
           Reserves
           ;
           even
           until
           the
           last
           drop
           of
           their
           Blood
           was
           spent
           .
           Secondly
           ,
           They
           call
           this
           Obligation
           the
           first
           Fruits
           of
           their
           Faith
           and
           Allegiance
           ,
           and
           therefore
           certainly
           contained
           in
           them
           .
           And
           ,
           Thirdly
           ,
           As
           far
           as
           a
           Law
           can
           do
           it
           ,
           they
           oblige
           not
           themselves
           only
           ,
           but
           their
           Heirs
           and
           Posterity
           for
           ever
           ,
           and
           that
           not
           to
           the
           King
           then
           in
           being
           only
           ,
           but
           to
           his
           Royal
           Progeny
           also
           and
           Posterity
           for
           ever
           .
        
         
           The
           other
           Passage
           is
           ,
           
           11
           H.
           7.
           c.
           18.
           
           Where
           it
           is
           plainly
           and
           expresly
           declared
           ,
           [
           That
           
             every
             Subject
             by
             the
             Duty
             of
             his
             Allegiance
             is
             bound
             to
             serve
             and
             assist
             his
             Prince
             and
             Sovereign
             Lord
             at
             all
             Seasons
             when
             need
             shall
             require
             ;
             and
             in
             particular
             ,
             against
             his
             Rebels
             and
             Enemies
             ,
             for
             the
             Suppressing
             and
             subduing
             of
             them
             .
             ]
          
           This
           is
           so
           express
           and
           authentick
           a
           Declaration
           of
           the
           true
           Duty
           of
           Allegiance
           ,
           that
           no
           Art
           nor
           Sophistry
           can
           possibly
           evade
           it
           .
           And
           upon
           this
           Statute
           among
           others
           ,
           did
           K.
           Charles
           the
           Martyr
           justifie
           his
           Commissions
           of
           Array
           in
           his
           Proclamation
           against
           Levying
           Forces
           ;
           and
           in
           another
           ,
           for
           setting
           up
           his
           Standard
           ,
           he
           required
           all
           his
           Subjects
           on
           the
           North-side
           of
           Trent
           ,
           upon
           their
           Allegiance
           to
           repair
           to
           his
           Royal
           Standard
           at
           Nottingham
           ,
           for
           his
           just
           and
           necessary
           defence
           .
           So
           that
           this
           is
           not
           an
           obsolete
           and
           antiquated
           Notion
           of
           Allegiance
           ,
           but
           such
           as
           our
           Laws
           both
           ancient
           and
           modern
           have
           ever
           exacted
           ,
           such
           as
           the
           Sages
           of
           the
           Law
           have
           often
           inculcated
           ,
           such
           as
           our
           Kings
           have
           always
           claimed
           ,
           and
           their
           Loyal
           Subjects
           have
           yielded
           them
           in
           their
           necessity
           .
        
         
           I
           shall
           only
           observe
           further
           ,
           That
           it
           seems
           to
           be
           a
           Maxim
           universally
           received
           by
           all
           the
           Feudists
           and
           Lawyers
           ;
           
             Quod
             nemo
             potest
             esse
             Ligius
             du
             〈…〉
             um
          
           ;
           or
           as
           
           Cowel
           after
           Skene
           expresses
           it
           ,
           [
           That
           
             Ligeancy
             is
             such
             a
             Duty
             or
             Fealty
             ,
             as
             no
             man
             may
             bear
             to
             more
             than
             one
             Lord.
             ]
          
           And
           this
           Rule
           is
           founded
           on
           that
           Aphorism
           of
           even
           Truth
           it self
           ,
           
             No
             man
             can
             serve
             two
             Masters
          
           ;
           that
           is
           ,
           two
           absolute
           and
           independent
           Masters
           at
           once
           :
           For
           if
           one
           be
           subordinate
           to
           the
           other
           ,
           then
           both
           may
           be
           served
           faithfully
           in
           a
           due
           subordination
           ;
           and
           thus
           the
           same
           person
           may
           be
           a
           Vassal
           to
           an
           Inferior
           and
           a
           Capital
           Lord
           ,
           to
           a
           Subject
           and
           a
           Sovereign
           :
           But
           Ligeance
           being
           now
           constantly
           taken
           for
           the
           Obligation
           of
           Fidelity
           to
           a
           Sovereign
           Lord
           against
           all
           men
           living
           ;
           it
           would
           be
           a
           very
           gross
           contradiction
           to
           say
           ,
           that
           the
           same
           person
           may
           be
           the
           Liegeman
           of
           two
           Sovereign
           Princes
           at
           once
           ,
           because
           it
           is
           impossible
           he
           should
           adhere
           to
           both
           against
           all
           men
           living
           ;
           and
           this
           will
           be
           yet
           more
           absurd
           ,
           if
           the
           two
           Sovereigns
           be
           in
           open
           hostility
           ,
           and
           mutually
           endeavouring
           to
           destroy
           each
           other
           ;
           for
           then
           adher●nce
           to
           the
           one
           must
           necessarily
           be
           Treason
           against
           the
           other
           ;
           and
           the
           Liegeman
           will
           be
           bound
           to
           assist
           ,
           &
           to
           oppose
           ,
           to
           defend
           ,
           and
           to
           destroy
           them
           both
           .
           The
           reason
           of
           that
           Maxim
           therefore
           is
           very
           evident
           .
           And
           hence
           it
           appears
           ,
           how
           absurd
           it
           is
           to
           make
           Allegiance
           signifie
           Neutrality
           ;
           whereby
           the
           Subject
           becomes
           the
           Liegeman
           of
           two
           Sovereign
           Princes
           ;
           or
           to
           speak
           properly
           ,
           of
           neither
           ;
           or
           else
           to
           signifie
           Fidelity
           to
           one
           King
           with
           a
           Reserve
           of
           assisting
           anothen
           King
           to
           destroy
           him
           .
           But
           the
           Law
           has
           no
           where
           obliged
           us
           to
           such
           cross
           and
           contradictory
           Obligations
           :
           And
           as
           for
           those
           subtle
           Distinctions
           between
           a
           higher
           and
           lower
           kind
           of
           Allegiance
           ;
           an
           Allegiance
           due
           to
           a
           King
           
             de
             facto
          
           ,
           and
           another
           at
           the
           same
           time
           to
           a
           King
           
             de
             jure
          
           ;
           an
           a
           solute
           and
           a
           conditioaate
           ,
           an
           active
           and
           an
           unactive
           ;
           a
           reserving
           and
           an
           unreserving
           Allegiance
           ;
           I
           may
           say
           concerning
           them
           (
           as
           Judge
           Jenkins
           did
           of
           Acts
           of
           Parliament
           without
           the
           Kings
           Assent
           ,
           [
           That
           
             no
             man
             can
             shew
             any
             Syllable
             ,
             L
             〈…〉
             er
             ,
             or
             Line
             to
             au
             horize
             them
             in
             the
             Books
             of
             the
             Law
             ,
             or
             Printed
             Acts
             of
             Parliament
             in
             any
             Age
             in
             this
             Land.
             ]
          
           For
           since
           it
           is
           not
           yet
           done
           ,
           I
           presume
           that
           that
           it
           cannot
           ;
           and
           it
           is
           another
           Maxim
           in
           the
           interpretation
           of
           all
           Laws
           ,
           Civil
           and
           Divine
           
             [
             ubi
             Lex
             non
             distinguit
             ,
             ibi
             non
             disiirguendum
             est
             .
             ]
          
        
         
           Such
           is
           the
           nature
           of
           that
           Allegiance
           in
           general
           ,
           which
           is
           universally
           due
           from
           all
           the
           Subjects
           ;
           and
           this
           is
           next
           to
           be
           considered
           ,
           as
           it
           is
           stil'd
           
             Legal
             Ligeanc
             〈…〉
          
           ;
           and
           this
           doth
           not
           import
           ,
           as
           the
           Word
           seems
           to
           intimate
           ,
           an
           Allegiance
           bounded
           and
           circumscribed
           by
           Law
           ;
           but
           it
           is
           therefore
           so
           called
           ,
           
           because
           the
           Law
           requires
           it
           of
           every
           Subject
           upon
           Oath
           ,
           and
           has
           prescribed
           the
           Form
           and
           manner
           of
           it
           .
        
         
           Though
           Allegiance
           be
           universally
           due
           by
           all
           Laws
           ,
           Civil
           ,
           Natural
           and
           Divine
           ;
           yet
           the
           security
           of
           the
           Sovereign
           Power
           being
           of
           such
           vast
           importance
           to
           the
           preservation
           of
           Peace
           and
           Justice
           ,
           and
           even
           to
           the
           very
           Being
           of
           Law
           ,
           and
           Political
           Society
           ,
           as
           that
           they
           cannot
           possibly
           subssst
           without
           it
           :
           the
           wisdom
           of
           the
           Law
           has
           thought
           it
           necessary
           to
           tie
           all
           those
           Obligations
           faster
           by
           the
           sacred
           bond
           of
           a
           Religious
           Oath
           ,
           and
           to
           assure
           the
           fidelity
           of
           the
           Subjects
           to
           their
           Sovereign
           ,
           by
           making
           God
           himself
           the
           Guarantee
           and
           Surety
           of
           it
           .
           And
           hence
           it
           is
           ,
           that
           in
           all
           Ages
           ,
           such
           Oaths
           of
           true
           Allegiance
           have
           been
           ever
           exacted
           of
           all
           the
           Subjects
           of
           this
           Realm
           to
           the
           Kings
           thereof
           :
           which
           ,
           as
           it
           is
           the
           most
           demonstrative
           proof
           ,
           that
           the
           Sovereign
           Power
           was
           always
           acknowledged
           to
           be
           theirs
           ,
           Allegiance
           being
           an
           Essential
           Right
           of
           Sovereignty
           ,
           and
           never
           so
           much
           as
           pretended
           to
           by
           any
           others
           ;
           so
           it
           is
           also
           evident
           from
           the
           very
           Forms
           of
           those
           Oaths
           ,
           (
           which
           have
           been
           different
           in
           Words
           ,
           but
           the
           same
           in
           Substance
           ,
           )
           that
           the
           Subjects
           were
           always
           bound
           to
           an
           active
           ,
           unconditionate
           ,
           and
           unreserved
           Fidelity
           to
           their
           Princes
           .
        
         
           
             There
             is
             this
             Statute
             among
             the
             Laws
             of
          
           Edward
           
             the
             Confessor
          
           ,
           
           
             [
             That
          
           all
           the
           People
           of
           this
           Kingdom
           should
           once
           a
           
           Year
           bind
           themselves
           together
           by
           an
           inviolable
           Oath
           ,
           
           and
           combine
           as
           sworn
           Brethren
           ,
           to
           defend
           the
           Kingdom
           together
           with
           their
           Lord
           the
           King
           against
           all
           Foreigners
           and
           Enemies
           ,
           and
           with
           him
           to
           preserve
           his
           Lands
           and
           Honours
           with
           all
           Fidelity
           ;
           and
           that
           they
           will
           be
           faithful
           to
           him
           ,
           as
           their
           Lord
           the
           King
           ,
           b●th
           within
           and
           without
           the
           Kingdom
           of
           
             Britain
             .
          
           ]
        
         
           
             To
             the
             same
             effect
             ,
             tho
             somewhat
             different
             in
             the
             Expression
             ,
             was
             the
             Statute
             made
             by
          
           William
           
             the
             Conqueror
          
           ,
           [
           That
           all
           the
           Freeman
           of
           this
           Kingdom
           should
           affirm
           upon
           their
           Faith
           ,
           
           and
           Oath
           ,
           that
           within
           the
           whole
           Kingdom
           ,
           and
           without
           ,
           they
           will
           be
           faithful
           to
           their
           Sovereign
           Lord
           K.
           William
           ,
           and
           every
           where
           preserve
           his
           Lands
           and
           Honours
           with
           all
           Fidelity
           ,
           and
           with
           him
           defend
           them
           against
           all
           his
           Enemies
           .
           ]
        
         
           To
           this
           succeeded
           that
           ,
           which
           the
           Lord
           Coke
           calls
           
             Legal
             Ligeance
          
           ,
           
           or
           the
           Common-Law
           Oath
           of
           Allegiance
           ,
           which
           he
           cites
           out
           of
           Britton
           ,
           
           who
           wrote
           Anno
           5.
           
           Ed.
           1.
           which
           all
           the
           Subjects
           were
           obliged
           to
           take
           at
           Twelve
           Years
           of
           Age
           at
           the
           Sheriffs
           Court
           ,
           
           or
           the
           Leete
           ,
           and
           without
           the
           taking
           of
           which
           they
           had
           no
           warrant
           to
           abide
           in
           the
           Kingdom
           :
           and
           the
           Form
           of
           it
           was
           to
           this
           Effect
           .
           
             [
             You
             shall
             swear
             ,
             that
             from
             this
             day
             forward
             you
             shall
             be
             true
             and
             faithful
             to
             our
             Sovereign
             Lord
             the
             King
             ,
             and
             his
             Heirs
             ;
             and
             Truth
             ,
             and
             Faith
             shall
             bear
             of
             Life
             ,
             and
             Member
             ,
             and
             terrene
             Honour
             ;
             and
             you
             shall
             neither
             know
             nor
             hear
             of
             any
             ill
             or
             Damage
             ,
             which
             you
             shall
             not
             defend
          
           (
           that
           is
           ,
           oppose
           )
           
             to
             the
             utmost
             of
             your
             Power
             .
             ]
          
        
         
           Coke
           informs
           us
           ,
           that
           Five
           things
           were
           observed
           by
           all
           the
           Judges
           upon
           this
           Oath
           .
           
           
             [
             First
             ,
             That
             for
             the
             time
             of
             its
             Obligation
             ,
             it
             is
             indefinite
             and
             without
             limit
             .
             Secondly
             ,
             Two
             excellent
             qualities
             were
             required
             ,
             that
             is
             ,
             to
             be
             true
             and
             faithful
             .
             Thirdly
             ,
             To
             whom
             ?
             to
             our
             Sovereign
             Lord
             the
             King
             ,
             and
             his
             Heirs
             .
             Fourthly
             ,
             In
             what
             manner
             ?
             and
             Faith
             ,
             and
             Troth
             shall
             bear
             of
             Life
             and
             Member
             ;
             that
             is
             ,
             until
             the
             letting
             out
             of
             the
             last
             drop
             of
             our
             dearest
             Heart-blood
             .
             Fifthly
             ,
             Where
             ,
             and
             in
             what
             place
             ?
             In
             all
             places
             whatsoever
             .
             For
             you
             shall
             neither
             know
             nor
             hear
             of
             any
             ill
             ,
             which
             you
             shall
             not
             defend
             .
             ]
          
           Such
           is
           the
           Ligeance
           ,
           which
           the
           Law
           has
           prescribed
           in
           that
           ancient
           Oath
           ,
           which
           is
           still
           in
           force
           .
           It
           is
           neither
           circumscribed
           by
           time
           nor
           place
           ;
           it
           is
           unconditionate
           and
           unreserved
           ;
           it
           is
           not
           a
           lazy
           Passive
           Allegiance
           ,
           requiring
           nothing
           but
           pure
           Submission
           ;
           but
           an
           active
           and
           vigorous
           Loyalty
           ,
           exacting
           all
           that
           is
           in
           the
           Sphere
           of
           Moral
           Possibility
           ,
           and
           engaging
           us
           to
           spend
           our
           dearest
           Blood
           in
           the
           defence
           of
           our
           Sovereign's
           Person
           ,
           and
           the
           preservation
           of
           his
           Crown
           and
           Dignity
           to
           him
           .
        
         
           
             For
             it
             is
             to
             be
             observed
             ,
          
           
           
             that
             by
             the
             Law
             all
             this
             Allegiance
             is
             due
             to
             the
             King's
             Person
             .
             So
             the
             Lord
          
           Coke
           
             says
             it
             was
             then
             resolved
             by
             all
             the
             Judges
             ,
          
           [
           That
           Ligeance
           was
           due
           to
           the
           natural
           Person
           of
           the
           King
           ,
           (
           which
           is
           ever
           accompanied
           with
           the
           Politick
           Capacity
           ;
           and
           the
           Politick
           Capacity
           ,
           as
           it
           were
           appropriated
           to
           the
           Natural
           Capacity
           )
           and
           not
           due
           to
           the
           Politick
           Capacity
           only
           .
           And
           he
           adds
           ,
           that
           when
           the
           Spencers
           in
           the
           Reign
           of
           Ed.
           2.
           invented
           this
           damnable
           Opinion
           ,
           That
           Homage
           and
           Oath
           of
           Ligeance
           was
           more
           by
           reason
           of
           the
           King's
           Crown
           ,
           that
           is
           of
           his
           Politick
           Capacity
           ,
           than
           by
           reason
           of
           the
           Person
           of
           the
           King
           :
           this
           with
           the
           Consequences
           they
           deduced
           from
           it
           ,
           was
           condemned
           by
           two
           Parliaments
           as
           execrable
           and
           detestable
           Doctrines
           ;
           one
           in
           the
           Reign
           of
           Ed.
           2.
           and
           the
           other
           Anno
           1
           
           o.
           
             Ed.
             3.
             c.
          
           1.
           
        
         
           
             And
             what
             was
             then
             resolved
          
           ,
           
           Judge
           Jenkins
           
             out
             of
          
           Plowden
           
             affirms
             was
             resolved
             by
             all
             the
             Judges
          
           1
           Eliz.
           
             as
             the
             Law
             of
          
           England
           ,
           viz.
           [
           That
           the
           Body
           Politick
           ,
           and
           the
           natural
           Body
           make
           one
           Body
           ,
           and
           not
           diverse
           ,
           and
           are
           inseparable
           and
           indivisible
           .
           ]
           
           
             And
             hence
             the
             same
             Learned
             Judge
             thought
             he
             had
             reason
             to
             infer
             ,
          
           [
           That
           the
           natural
           Person
           of
           King
           Charles
           the
           First
           being
           at
           Holmby
           (
           though
           under
           Custody
           ,
           and
           
             de
             facto
          
           divested
           of
           his
           Regal
           
           Power
           ,
           yet
           )
           his
           Politick
           capaci●●
           was
           there
           also
           ,
           because
           both
           did
           make
           but
           one
           indivisible
           Body
           .
           ]
           
             And
             hence
             it
             was
             ,
             that
             King
          
           Charles
           
             himself
             required
             all
             his
             Subjects
          
           ,
           
           [
           to
           take
           notice
           of
           the
           Law
           ,
           that
           Allegiance
           is
           due
           to
           the
           natural
           Person
           of
           their
           Prince
           ,
           and
           not
           to
           his
           Crown
           ,
           or
           Kingdom
           distinct
           from
           his
           natural
           Capacity
           ;
           and
           that
           by
           the
           Oath
           of
           Ligeance
           at
           the
           Common
           Law
           ,
           they
           were
           bound
           to
           be
           faithful
           not
           to
           the
           King
           only
           ,
           as
           King
           ,
           but
           to
           our
           Person
           ,
           as
           King
           
             Charles
             .
             ]
             Therefore
             I
             conclude
             this
             Observation
             with
             that
             Assertion
             of
             the
             same
             Judge
          
           Jenkins
           [
           That
           Ligeance
           is
           due
           to
           the
           Natural
           Body
           ,
           
           and
           is
           due
           by
           Nature
           ,
           God's
           Law
           ,
           and
           Man's
           Law
           ,
           cannot
           be
           so
           feited
           ,
           nor
           renounced
           by
           any
           means
           ;
           it
           is
           inseparable
           from
           the
           Person
           .
           ]
        
         
           To
           return
           then
           to
           the
           Oaths
           of
           Ligeance
           prescribed
           by
           the
           Law
           ,
           it
           is
           further
           to
           be
           observed
           ,
           that
           tho
           the
           Common-Law
           Oath
           was
           never
           yet
           abolished
           ,
           yet
           it
           has
           been
           almost
           totally
           supplanted
           by
           that
           larger
           Oath
           of
           Allegiance
           ,
           which
           was
           enacted
           Anno
           3
           
           o.
           of
           King
           James
           the
           First
           ;
           and
           which
           many
           of
           us
           have
           taken
           to
           K.
           J.
           the
           Second
           .
           And
           though
           this
           Oath
           upon
           the
           discovery
           of
           the
           Powder
           Plot
           was
           particularly
           framed
           ,
           and
           design'd
           to
           secure
           the
           King
           against
           the
           Treasons
           of
           the
           Papists
           :
           yet
           as
           K.
           James
           himself
           does
           affirm
           in
           his
           Apology
           ,
           that
           it
           exacts
           no
           more
           ,
           than
           what
           the
           ancient
           Oaths
           of
           Allegiance
           did
           require
           ;
           so
           it
           is
           certain
           it
           exacts
           no
           less
           .
           For
           it
           is
           not
           to
           be
           imagin'd
           ,
           either
           that
           true
           Faith
           and
           Allegiance
           in
           that
           Oath
           should
           be
           design'd
           to
           signifie
           less
           ,
           than
           they
           always
           did
           before
           ;
           or
           that
           a
           less
           Security
           was
           requir'd
           ,
           when
           a
           greater
           was
           intended
           .
           But
           to
           prevent
           all
           Subterfuge
           ,
           even
           the
           express
           Words
           of
           the
           Oath
           do
           manifestly
           oblige
           to
           the
           highest
           Duties
           of
           Ligeance
           that
           can
           be
           .
           
             [
             I
             will
             bear
             true
             Faith
             and
             Allegiance
             to
             the
             King
             ,
             his
             Heirs
             ,
             and
             Successors
             ;
             and
             him
             ,
             and
             them
             will
             defend
             to
             the
             uttermost
             of
             my
             Power
             against
             all
             Conspiracies
             ,
             and
             Attempts
             whatsoever
             ,
             that
             shall
             be
             made
             against
             his
             ,
             or
             their
             Persons
             ,
             Crown
             ,
             and
             Dignity
             .
             ]
          
           What
           kind
           of
           Assistance
           is
           here
           meant
           by
           the
           Word
           Defend
           may
           be
           understood
           from
           the
           Authors
           ,
           
           who
           expound
           the
           
             Jus
             〈◊〉
          
           such
           as
           
             Magerus
             de
             〈◊〉
             armatâ
          
           ,
           who
           treating
           of
           the
           Protection
           given
           by
           Sovereign
           Princes
           ,
           saith
           [
           That
           
             verbum
             protegere
             ,
             necessitatem
             Desendendi
             cum
             armis
             importat
             ;
             ]
          
           and
           tells
           us
           ,
           
             That
             Subjects
             are
             in
             the
             same
             sense
             reciprocally
             bound
             to
             defend
             the
             Honour
             and
             Dignity
             of
             the
             Sovereign
             :
          
           it
           may
           be
           understood
           likewise
           from
           the
           Feudal
           Laws
           ,
           whereby
           the
           Vassal
           was
           obliged
           to
           a
           Military
           defence
           of
           his
           Lord
           ,
           and
           from
           the
           Municipal
           Laws
           of
           this
           Kingdom
           also
           :
           which
           oblige
           all
           the
           Subjects
           that
           are
           capable
           to
           take
           up
           Arms
           for
           the
           King
           ,
           when
           need
           shall
           require
           .
           This
           therefore
           was
           the
           Defence
           to
           which
           capable
           Persons
           were
           sworn
           in
           that
           abrogated
           Oath
           ;
           and
           others
           were
           obliged
           to
           give
           him
           that
           assistance
           ,
           which
           they
           were
           able
           ,
           everyone
           to
           the
           utmost
           of
           his
           Power
           in
           his
           respective
           Capacity
           as
           the
           express
           Words
           of
           the
           Oath
           do
           require
           .
        
         
           Thus
           have
           I
           given
           a
           brief
           Account
           of
           the
           several
           Forms
           of
           swearing
           Allegiance
           ,
           which
           have
           been
           successively
           required
           of
           all
           the
           Subjects
           of
           this
           Kingdom
           ;
           and
           upon
           the
           whole
           ,
           I
           think
           it
           sufficiently
           appears
           ,
           that
           the
           Laws
           have
           been
           always
           Uniform
           ,
           and
           constant
           in
           obliging
           the
           Subjects
           to
           an
           Allegiance
           ,
           that
           requires
           not
           a
           peaceable
           Subjection
           only
           ,
           but
           also
           an
           actual
           assistance
           of
           our
           Sovereign
           to
           the
           utmost
           of
           our
           Power
           against
           all
           Persons
           ,
           and
           all
           Attempts
           whatsoever
           without
           any
           exception
           .
        
         
           And
           this
           is
           lastly
           included
           in
           the
           Obligation
           of
           
             Natural
             Allegiance
          
           also
           ;
           which
           is
           not
           so
           called
           meerly
           because
           the
           Persons
           obliged
           by
           it
           are
           such
           as
           have
           their
           natural
           Birth
           within
           the
           King's
           Dominions
           :
           For
           Persons
           born
           without
           the
           Realm
           may
           be
           his
           natural
           Subjects
           ,
           as
           are
           the
           Children
           of
           Embassadors
           born
           beyond
           Sea
           ;
           
           and
           the
           Children
           of
           Aliens
           
           born
           within
           the
           Kingdom
           are
           not
           therefore
           Natural
           Subjects
           of
           the
           King
           :
           So
           that
           the
           meer
           Circumstance
           of
           Birth
           does
           not
           entitle
           any
           one
           to
           the
           Priviledges
           of
           a
           Natural
           Subject
           ,
           nor
           consequently
           bind
           him
           to
           all
           the
           Duties
           of
           Natural
           Allegiance
           .
           But
           it
           is
           therefore
           called
           Natural
           in
           our
           Laws
           ;
           because
           ,
           as
           great
           Lawyers
           have
           affirm'd
           ,
           
           it
           is
           founded
           upon
           the
           Law
           of
           Nature
           ,
           which
           gives
           the
           Sovereign
           Power
           a
           Right
           to
           the
           Allegiance
           of
           every
           one
           ,
           who
           is
           born
           under
           the
           Jurisdiction
           of
           it
           .
           As
           every
           Son
           is
           born
           a
           Subject
           to
           his
           Parents
           ,
           and
           is
           by
           the
           Law
           of
           Nature
           obliged
           to
           honour
           ,
           and
           obey
           ,
           assist
           ,
           and
           support
           them
           :
           So
           also
           is
           he
           born
           a
           Member
           of
           the
           Body
           Politick
           ,
           and
           by
           consequence
           a
           Subject
           to
           the
           Soveraign
           of
           it
           ,
           and
           accordingly
           by
           the
           same
           eternal
           Law
           is
           bound
           to
           pay
           all
           Faithful
           Service
           and
           Obedience
           to
           him
           ,
           when
           he
           is
           in
           a
           Capacity
           to
           perform
           them
           .
        
         
           By
           the
           Law
           of
           Nature
           here
           I
           mean
           ,
           that
           light
           of
           reason
           ,
           which
           is
           given
           us
           by
           the
           Author
           of
           Nature
           to
           direct
           us
           in
           all
           our
           actions
           :
           and
           this
           light
           ,
           when
           it
           is
           sufficiently
           attended
           to
           ,
           and
           not
           darkned
           with
           Passions
           ,
           will
           clearly
           shew
           us
           how
           we
           should
           demean
           our selves
           in
           the
           several
           capacities
           ,
           and
           relations
           we
           stand
           in
           .
           As
           it
           shews
           us
           what
           Obedience
           and
           Fidelity
           a
           Servant
           owes
           to
           his
           Master
           ,
           a
           Wife
           to
           her
           Husband
           ,
           and
           a
           Son
           to
           his
           Father
           :
           so
           it
           plainly
           directs
           us
           what
           Duties
           every
           Member
           of
           a
           Civil
           Community
           owes
           to
           the
           Supreme
           Governor
           of
           it
           :
           and
           that
           this
           Law
           of
           Nature
           directs
           us
           to
           pay
           the
           highest
           degree
           of
           Allegiance
           to
           him
           ;
           viz.
           an
           active
           assistance
           to
           the
           utmost
           of
           our
           power
           ,
           is
           evident
           both
           from
           reason
           ,
           and
           from
           the
           common
           consent
           and
           practice
           of
           almost
           all
           civilized
           Mankind
           ,
           the
           two
           only
           ways
           of
           demonstrating
           any
           Law
           of
           Nature
           .
           And
           first
           it
           seems
           evident
           from
           these
           following
           reasons
           .
        
         
           1.
           
           Because
           such
           assistance
           is
           absolutely
           necessary
           to
           preserve
           the
           head
           of
           the
           Community
           ,
           and
           consequently
           the
           whole
           Body
           also
           :
           for
           to
           every
           Political
           Body
           a
           Sovereign
           Head
           is
           so
           Essential
           ,
           as
           that
           it
           cannot
           possibly
           exist
           without
           it
           .
           And
           therefore
           since
           the
           natural
           reason
           of
           all
           Men
           does
           dictate
           the
           necessity
           of
           entering
           into
           Societies
           ;
           it
           must
           likewise
           teach
           them
           the
           necessity
           of
           contributing
           their
           actual
           assistance
           for
           the
           preservation
           of
           those
           Societies
           ,
           and
           consequently
           of
           that
           Sovereign
           power
           ,
           which
           is
           Essen●ial
           to
           the
           very
           Being
           of
           them
           .
        
         
           2.
           
           Because
           every
           Subject
           has
           received
           actual
           Protection
           ,
           and
           in
           effect
           his
           very
           Life
           and
           Being
           from
           the
           Sovereign
           Power
           .
           For
           not
           only
           Property
           ,
           and
           all
           the
           Blessings
           of
           it
           ,
           but
           the
           Conservation
           of
           even
           Life
           it self
           are
           derived
           from
           Civil
           Government
           :
           and
           therefore
           both
           Justice
           and
           Gratitude
           do
           oblige
           us
           ,
           to
           do
           all
           we
           can
           ,
           to
           preserve
           the
           Being
           ,
           and
           the
           Rights
           of
           that
           Sovereign
           Power
           ,
           from
           which
           we
           derive
           our
           own
           .
           Our
           Parents
           are
           the
           Instruments
           of
           our
           natural
           Production
           ,
           and
           for
           that
           reason
           we
           are
           ever
           obliged
           ●o
           honour
           and
           support
           them
           ,
           though
           they
           prove
           never
           so
           unnatural
           to
           us
           ;
           because
           it
           will
           be
           always
           true
           ,
           that
           we
           have
           received
           our
           Being
           from
           them
           ,
           and
           the
           Obligation
           of
           that
           benefit
           will
           last
           as
           long
           as
           our
           lives
           .
           Such
           is
           our
           Obligation
           to
           the
           Sovereign
           Power
           .
           We
           have
           received
           our
           Lives
           ,
           and
           Properties
           from
           it
           ;
           and
           it
           will
           be
           always
           true
           ,
           that
           we
           owe
           them
           to
           it
           :
           and
           therefore
           ,
           though
           it
           become
           never
           so
           Tyrannical
           ,
           still
           the
           Obligation
           of
           obeying
           ,
           and
           assisting
           it
           will
           remain
           .
           Our
           gratitude
           must
           continue
           as
           long
           as
           we
           enjoy
           the
           benefit
           ;
           and
           civil
           oppression
           can
           no
           more
           ab●olve
           Subjects
           from
           their
           Allegiance
           ,
           than
           Domestick
           Cruelty
           can
           discharge
           Children
           from
           the
           Duty
           of
           Obedience
           .
        
         
           3.
           
           It
           may
           be
           proved
           also
           from
           the
           Obligations
           of
           Equity
           and
           Justice
           ,
           which
           are
           certainly
           founded
           in
           the
           Law
           of
           Nature
           .
           Now
           the
           grand
           Fundamental
           Rules
           of
           Justice
           are
           these
           .
           That
           we
           do
           to
           others
           ,
           as
           we
           would
           be
           done
           to
           our
           
           selves
           ;
           and
           that
           we
           give
           to
           every
           one
           his
           due
           :
           and
           by
           both
           these
           equitable
           Rules
           all
           Subjects
           are
           bound
           to
           assist
           and
           support
           their
           Sovereigns
           .
           By
           the
           former
           ,
           because
           every
           Subject
           does
           expect
           an
           actual
           Protection
           of
           his
           Person
           and
           Property
           from
           the
           Sovereign
           power
           ;
           and
           that
           when
           he
           is
           disabled
           ,
           from
           contributing
           his
           assistance
           to
           support
           it
           ;
           and
           therefore
           he
           is
           bound
           in
           Equity
           to
           give
           the
           like
           assistance
           to
           his
           Sovereign
           in
           times
           of
           necessity
           ,
           and
           even
           when
           he
           cannot
           actually
           exert
           his
           Power
           for
           the
           protection
           of
           his
           Subjects
           .
           It
           is
           also
           due
           by
           the
           latter
           ;
           because
           the
           Sovereign
           has
           a
           Right
           to
           such
           assistance
           of
           his
           Subjects
           (
           I
           will
           not
           here
           say
           by
           the
           Law
           of
           Nature
           ,
           for
           that
           is
           the
           thing
           ,
           which
           I
           am
           proving
           ,
           but
           )
           by
           the
           positive
           Civil
           Laws
           of
           this
           Kingdom
           .
           The
           Law
           of
           Nature
           requires
           ,
           that
           every
           Man
           should
           enjoy
           his
           Rights
           ;
           and
           that
           is
           truly
           a
           Man's
           Right
           ,
           which
           is
           such
           by
           a
           Politick
           Law
           ;
           and
           therefore
           since
           the
           Kings
           of
           England
           by
           the
           Political
           Laws
           of
           this
           Kingdom
           have
           a
           Right
           to
           the
           actual
           assistance
           of
           their
           Subjects
           ,
           to
           deny
           it
           them
           is
           a
           violation
           not
           only
           of
           those
           Laws
           ,
           but
           even
           of
           the
           Law
           of
           Nature
           also
           .
           But
           ,
        
         
           4.
           
           There
           is
           yet
           a
           higher
           reason
           for
           it
           ,
           which
           respects
           the
           Author
           of
           all
           Sovereignty
           .
           For
           even
           the
           Light
           of
           Nature
           doth
           teach
           us
           ,
           that
           an
           infinite
           Being
           made
           the
           World
           ,
           and
           that
           he
           still
           governs
           it
           ;
           that
           from
           Him
           all
           lawful
           Dominion
           is
           derived
           ;
           and
           that
           Kings
           are
           his
           Ministers
           ,
           and
           Vicegerents
           .
           And
           hence
           it
           is
           obvious
           to
           infer
           ,
           that
           every
           Subject
           is
           bound
           not
           only
           to
           submit
           ,
           but
           also
           to
           support
           ,
           and
           defend
           them
           ;
           because
           it
           is
           every
           Mans
           duty
           to
           *
           support
           that
           Government
           ,
           which
           God
           himself
           has
           established
           over
           him
           .
        
         
           2.
           
           It
           is
           evident
           also
           from
           the
           universal
           practice
           ,
           and
           consent
           of
           almost
           all
           Nations
           .
           This
           might
           be
           evinced
           from
           an
           Induction
           of
           particulars
           .
           But
           I
           think
           it
           will
           not
           be
           denied
           by
           any
           ,
           that
           where-ever
           Civil
           Government
           has
           been
           established
           ,
           and
           in
           what
           from
           soever
           ,
           it
           has
           been
           always
           thought
           the
           Duty
           of
           every
           good
           Citizen
           ,
           or
           Subject
           ,
           to
           adhere
           to
           the
           Sovereign
           power
           of
           his
           Country
           ,
           against
           all
           his
           Enemies
           ,
           and
           even
           to
           adventure
           his
           own
           life
           for
           the
           preservation
           of
           it
           .
           And
           hence
           it
           is
           ,
           that
           there
           is
           hardly
           any
           Government
           in
           the
           World
           ,
           wherein
           every
           individual
           Person
           ,
           that
           is
           capable
           of
           bearing
           Arms
           ,
           is
           not
           obliged
           upon
           some
           great
           occasions
           personally
           to
           assist
           the
           Sovereign
           Power
           ,
           and
           hazard
           his
           life
           in
           its
           defence
           .
           And
           this
           is
           a
           manifest
           Indication
           ,
           that
           the
           Duties
           of
           Allegiance
           were
           first
           taught
           Men
           by
           the
           Light
           of
           Nature
           ,
           since
           the
           universal
           exacting
           of
           them
           can
           be
           ascribed
           to
           nothing
           else
           ,
           but
           such
           an
           universal
           Principle
           .
        
         
           Wherefore
           Dr.
           Sanderson
           had
           reason
           to
           affirm
           ,
           
           
             [
             That
             the
             Bond
             of
             Allegiance
             doth
             not
             arise
             Originally
             from
             the
             Oath
             of
             Allegiance
             ;
             but
             it
             is
             so
             intrinsecal
             ,
             proper
             ,
             and
             essential
             a
             Duty
             ,
             and
             (
             as
             it
             were
             fundamental
             to
             the
             relation
             of
             a
             Subject
             
               quà
               talis
            
             )
             as
             that
             the
             very
             name
             of
             a
             Subject
             doth
             after
             a
             sort
             import
             it
             ;
             insomuch
             that
             it
             hath
             thereupon
             gained
             in
             common
             Usage
             of
             Speech
             ,
             the
             stile
             of
             Natural
             Allegiance
             .
          
           Whence
           he
           affirms
           these
           Inferences
           will
           follow
           .
        
         
           
             1
             That
             the
             Bond
             of
             Allegiance
             (
             whether
             sworn
             ,
             or
             not
             sworn
             )
             is
             in
             the
             nature
             of
             it
             perpetual
             ,
             and
             indispensable
             .
          
           
             2.
             
             That
             it
             is
             so
             inseparable
             from
             the
             relation
             of
             a
             Subject
             ,
             that
             tho'
             the
             exercise
             of
             it
             may
             be
             for
             some
             time
             suspended
             ,
             by
             a
             prevailing
             force
             ,
             yet
             it
             cannot
             be
             so
             absolutely
             removed
             ,
             but
             that
             it
             still
             remaineth
             virtually
             in
             the
             Subject
             ,
             and
             obligeth
             to
             an
             actual
             exercise
             of
             it
             upon
             all
             fit
             occasions
             .
          
           
           
             3.
             
             That
             no
             Subject
             of
             England
             ,
             that
             hath
             either
             by
             taking
             the
             Oaths
             of
             Supremacy
             ,
             and
             Allegiance
             acknowledged
             ,
             or
             otherwise
             believeth
             ,
             that
             the
             Sovereign
             Power
             ,
             to
             whom
             his
             Natural
             Allegiance
             is
             due
             ,
             is
             the
             King
             ,
             his
             Heirs
             ,
             and
             lawful
             Successors
             ;
             can
             without
             sinning
             against
             his
             Conscience
             ,
             enter
             into
             any
             Covenant
             ,
             Promise
             ,
             or
             Engagement
             ,
             or
             do
             any
             other
             Act
             whatsoever
             ,
             whereby
             either
             to
             transfer
             his
             Allegiance
             to
             any
             other
             Party
             ,
             to
             whom
             it
             is
             not
             of
             Right
             due
             ,
             or
             to
             incapacitate
             himself
             to
             perform
             it
             to
             his
             lawful
             Sovereign
             when
             it
             may
             appear
             serviceable
             to
             him
             .
          
        
         
           And
           what
           was
           asserted
           by
           this
           great
           Casuist
           ,
           
           is
           for
           the
           substance
           of
           it
           deliver'd
           by
           the
           great
           Oracle
           of
           the
           Law
           ;
           who
           in
           the
           aforementioned
           Case
           reports
           ,
           that
           these
           Positions
           were
           debated
           ,
           and
           resolved
           on
           by
           all
           the
           Judges
           .
           
             [
             First
             ,
             That
             the
             Ligeance
             of
             the
             Subject
             is
             due
             by
             the
             Law
             of
             Nature
             .
             Secondly
             ,
             That
             the
             Law
             of
             Nature
             is
             part
             of
             the
             Law
             of
             England
             .
             Thirdly
             ,
             That
             the
             Law
             of
             Nature
             was
             long
             before
             any
             Municipal
             Law.
             Fourthly
             ,
             That
             it
             is
             immutable
             .
             It
             appears
             ,
             says
             he
             ,
             by
             demonstrative
             reason
             ,
             that
             Ligeance
             of
             the
             Subject
             to
             the
             Sovereign
             was
             before
             any
             Municipal
             or
             Judicial
             Laws
             .
             First
             ;
             For
             that
             Government
             and
             Subjection
             were
             long
             before
             any
             Municipal
             Laws
             .
             Secondly
             ,
             It
             had
             been
             in
             vain
             to
             have
             prescribed
             Laws
             to
             any
             ,
             but
             to
             such
             as
             owed
             Ligeance
             before
             :
             
               frustr
               à
               enim
               feruntur
               leges
               ,
               nisi
               subditis
               ,
               &
               obedientibus
               .
            
             Seeing
             then
             ,
             that
             Ligeance
             is
             due
             by
             the
             Law
             of
             Nature
             ,
             it
             follows
             ,
             that
             the
             same
             cannot
             be
             altered
             ,
             or
             taken
             away
             .
             For
             albeit
             Municipal
             Laws
             have
             in
             several
             times
             and
             places
             imposed
             several
             punishments
             for
             Breach
             of
             the
             Law
             of
             Nature
             ;
             yet
             the
             Law
             of
             Nature
             it self
             ,
             never
             was
             ,
             nor
             could
             be
             changed
             :
             and
             this
             ,
             says
             he
             ,
             appears
             plainly
             ,
             and
             plentifully
             in
             our
             Law-Books
             .
             ]
          
           And
           afterwards
           he
           argues
           thus
           upon
           the
           same
           Principle
           .
           
             Whatsoever
             is
             due
             only
             by
             Law
             and
             Constitution
             of
             Man
             may
             be
             alter'd
             ;
             but
             naturally
             the
             Ligeance
             of
             the
             Subject
             to
             the
             Sovereign
             cannot
             be
             alter'd
             ;
             therefore
             it
             is
             not
             due
             only
             by
             the
             Law
             and
             Constitution
             of
             Man.
             [
             And
             again
             ,
             Whatsoever
             is
             due
             by
             the
             Law
             of
             Nature
             cannot
             be
             altered
             :
             but
             Allegiance
             is
             due
             by
             the
             Law
             of
             Nature
             :
             therefore
             it
             cannot
             be
             alter'd
             .
             ]
          
           Thus
           far
           that
           famous
           Lawyer
           ;
           and
           thus
           far
           have
           I
           consider'd
           the
           signification
           of
           Allegiance
           ,
           as
           it
           is
           founded
           in
           the
           Laws
           ,
           and
           explained
           by
           Lawyers
           .
        
         
           I
           am
           further
           to
           consider
           it
           ,
           as
           a
           word
           of
           vulgar
           signification
           also
           ;
           and
           as
           it
           is
           taken
           ,
           and
           understood
           by
           the
           Generality
           of
           the
           People
           of
           this
           Nation
           .
           For
           all
           the
           Subjects
           of
           this
           Kingdom
           being
           obliged
           by
           Law
           ,
           and
           immemorial
           Custom
           ,
           to
           swear
           Allegiance
           to
           their
           Sovereign
           ,
           it
           is
           not
           credible
           they
           should
           be
           ignorant
           of
           the
           true
           meaning
           of
           it
           .
           Those
           Law
           terms
           ,
           in
           which
           few
           are
           concern'd
           ,
           are
           by
           few
           understood
           :
           but
           such
           as
           are
           of
           universal
           concernment
           must
           of
           necessity
           be
           also
           universally
           understood
           .
           Who
           knows
           not
           the
           meaning
           of
           
             Parliament
             ,
             Jury
             ,
             Assizes
          
           ,
           that
           is
           of
           any
           understanding
           ?
           The
           word
           Allegiance
           is
           of
           more
           near
           ,
           and
           universal
           concernment
           to
           all
           Men
           ;
           it
           is
           therefore
           presum'd
           ,
           that
           no
           Subject
           can
           be
           ignorant
           of
           it
           .
           The
           Oaths
           themselves
           ,
           which
           the
           Subjects
           have
           ever
           been
           enured
           to
           have
           ,
           sufficiently
           taught
           them
           the
           Duties
           intended
           by
           it
           .
           That
           they
           must
           pay
           due
           Obedience
           to
           the
           King
           ;
           that
           they
           must
           never
           assist
           his
           Enemies
           ;
           that
           they
           must
           uphold
           his
           Crown
           ,
           and
           sometimes
           adventure
           even
           their
           Lives
           and
           Fortunes
           in
           his
           Service
           .
           Thus
           much
           Nature
           it self
           does
           teach
           them
           ,
           as
           it
           teaches
           Children
           to
           discharge
           the
           same
           Duties
           towards
           Parents
           .
           But
           there
           is
           no
           need
           of
           proving
           a
           thing
           to
           be
           that
           ,
           which
           it
           is
           .
           Most
           certain
           it
           is
           ,
           that
           all
           Men
           of
           tolerable
           understanding
           ,
           even
           among
           the
           common
           People
           ,
           do
           know
           ,
           that
           all
           these
           Duties
           are
           included
           in
           true
           Allegiance
           .
           Ask
           any
           Man
           of
           common
           sense
           ,
           whether
           he
           ,
           who
           
           has
           sworn
           true
           Faith
           and
           Allegiance
           to
           K.
           W.
           does
           not
           violate
           his
           Oath
           ,
           if
           at
           any
           time
           he
           assist
           K.
           J.
           to
           dethrone
           him
           ?
           Whether
           he
           is
           not
           bound
           to
           be
           faithful
           to
           him
           against
           all
           his
           Enemies
           ?
           To
           discover
           all
           the
           designs
           of
           K.
           J.
           against
           him
           ,
           that
           shall
           come
           to
           his
           knowledge
           ?
           And
           when
           it
           is
           in
           his
           power
           ,
           and
           necessity
           requires
           it
           ,
           to
           contribute
           his
           actual
           Assistance
           also
           to
           oppose
           his
           Recovery
           of
           the
           Crown
           ?
           I
           make
           no
           Question
           but
           he
           will
           answer
           ,
           that
           his
           Allegiance
           binds
           him
           to
           all
           this
           ;
           and
           that
           he
           is
           plainly
           perjur'd
           ,
           if
           he
           does
           not
           perform
           it
           .
        
         
           The
           Understandings
           of
           the
           common
           People
           ,
           as
           they
           are
           not
           capable
           of
           those
           Subtilties
           ,
           which
           men
           of
           Learning
           are
           enur'd
           to
           ;
           so
           are
           they
           seldom
           perverted
           with
           those
           nice
           and
           sophistical
           Distinctions
           ,
           by
           which
           men
           of
           Subtilty
           perplex
           things
           plain
           and
           easie
           in
           themselves
           .
           A
           Mechanick
           ,
           and
           a
           Peasant
           apprehend
           what
           Motion
           is
           ,
           and
           what
           is
           Perjury
           ,
           as
           well
           as
           the
           acutest
           Philosopher
           ,
           or
           the
           deepest
           Divine
           ;
           and
           they
           know
           what
           Allegiance
           and
           Faithfulness
           imply
           ,
           as
           well
           as
           the
           ablest
           Lawyer
           ;
           and
           if
           you
           go
           about
           to
           blunder
           their
           understandings
           with
           Distinctions
           ,
           and
           Objections
           ,
           they
           are
           but
           where
           they
           we
           〈…〉
           ,
           and
           will
           still
           clearly
           apprehend
           what
           they
           understood
           before
           .
           And
           if
           all
           men
           would
           act
           with
           the
           same
           plainness
           ,
           and
           sincerity
           ;
           if
           they
           would
           be
           true
           to
           their
           own
           sense
           ,
           and
           apprehensions
           ,
           aud
           not
           disguise
           them
           with
           Artifice
           ,
           and
           Subtilty
           ,
           there
           would
           possibly
           have
           been
           no
           need
           of
           the
           present
           Enquiry
           ;
           nor
           of
           proving
           ,
           that
           Faith
           and
           Allegiance
           are
           not
           capable
           of
           contradictory
           senses
           ;
           that
           they
           signifie
           the
           same
           Duties
           now
           ,
           which
           always
           they
           have
           done
           ;
           that
           ,
           when
           they
           are
           sworn
           to
           one
           Sovereign
           ,
           they
           are
           incommuninicable
           at
           the
           same
           time
           to
           any
           other
           ;
           that
           we
           must
           not
           bind
           our selves
           to
           contradictory
           Obligations
           ;
           and
           cannot
           possibly
           be
           faithful
           to
           K.
           W.
           against
           all
           his
           Enemies
           ,
           and
           to
           K.
           J.
           against
           all
           his
           Enemies
           also
           .
        
         
           And
           now
           I
           hope
           ,
           it
           appears
           ,
           That
           the
           Words
           ,
           Faith
           ,
           and
           
             true
             Allegiance
          
           ,
           in
           the
           Oath
           ,
           do
           not
           signifie
           meer
           Submission
           and
           Obedience
           only
           ;
           but
           also
           faithful
           Service
           ,
           and
           actual
           Assistance
           of
           our
           Sovereign
           against
           all
           his
           Enemies
           .
           True
           it
           is
           ,
           that
           
             the
             Oaths
             of
             Allegiance
          
           are
           in
           the
           Law
           sometimes
           called
           
             Oaths
             of
             Obedience
          
           :
           But
           Obedience
           then
           does
           import
           the
           whole
           Duty
           of
           a
           Subject
           to
           his
           Sovereign
           ,
           and
           not
           precisely
           a
           peaceable
           conformity
           to
           the
           Laws
           ,
           abstracting
           from
           all
           the
           other
           Duties
           of
           a
           Subject
           .
           And
           this
           I
           think
           may
           be
           proved
           from
           these
           Reasons
           .
           First
           ,
           Because
           Obedience
           ,
           in
           its
           utmost
           Latitude
           ,
           does
           comprehend
           the
           Duties
           of
           Fidelity
           ,
           and
           Assistance
           also
           .
           For
           every
           act
           of
           Duty
           is
           an
           act
           of
           Obedience
           ;
           and
           therefore
           if
           actual
           assistance
           be
           a
           Duty
           to
           discharge
           ,
           it
           is
           Obedience
           .
           Secondly
           ,
           The
           same
           Oath
           is
           more
           often
           called
           the
           Oath
           of
           Fidelity
           ,
           and
           the
           Oath
           of
           Allegiance
           :
           And
           therefore
           if
           Fidelity
           and
           Allegiance
           do
           (
           as
           I
           have
           shewn
           )
           imply
           more
           than
           peaceable
           submission
           ,
           and
           conformity
           to
           the
           Laws
           ;
           it
           will
           not
           follow
           ,
           that
           it
           does
           not
           imply
           so
           much
           ,
           because
           the
           same
           Oath
           is
           sometimes
           expressed
           by
           another
           word
           .
           Thirdly
           ,
           Peaceable
           Submission
           ,
           and
           Obedience
           to
           the
           Laws
           ,
           do
           amount
           to
           no
           more
           ,
           than
           such
           a
           Local
           Allegiance
           ,
           as
           is
           due
           from
           Aliens
           ;
           and
           I
           am
           pretty
           certain
           ,
           that
           the
           Laws
           require
           something
           more
           of
           natural
           English
           Subjects
           by
           virtue
           of
           their
           Allegiance
           ,
           than
           they
           do
           from
           Germans
           and
           Italians
           ,
           while
           they
           are
           in
           the
           Kingdom
           .
        
         
           This
           confounding
           of
           Allegiance
           and
           precise
           Obedience
           to
           the
           lawful
           Commands
           of
           a
           Sovereign
           
             de
             facto
          
           ,
           is
           a
           very
           common
           and
           obvious
           Mistake
           .
           Thus
           the
           Author
           of
           the
           
             Pastoral
             Letter
          
           ,
           brings
           this
           Argument
           to
           prove
           the
           lawfulness
           of
           taking
           this
           Oath
           in
           Question
           ;
           
             [
             If
             it
             is
             lawful
             to
             obey
             the
             King
             ,
             it
             is
             lawful
             to
             promise
             to
             do
             it
             ;
             and
             if
             so
             ,
             it
             also
             is
             lawful
             to
             swear
             it
             ;
             ]
          
           therefore
           it
           is
           lawful
           to
           take
           the
           Oath
           of
           Allegiance
           .
           Which
           is
           just
           such
           an
           Argument
           as
           this
           :
           If
           it
           be
           
           lawful
           to
           bow
           before
           the
           King
           ,
           it
           is
           lawful
           to
           pay
           Divine
           Adoration
           to
           him
           ;
           and
           if
           so
           ,
           it
           is
           also
           lawful
           to
           swear
           ,
           that
           I
           will
           pay
           Divine
           Worship
           to
           him
           .
           For
           as
           Religious
           Worship
           implies
           a
           great
           deal
           more
           ,
           than
           Civil
           ;
           so
           does
           Allegiance
           contain
           more
           ,
           than
           precise
           Obedience
           .
           I
           may
           lawfully
           obey
           a
           Highway-man
           ,
           and
           I
           may
           lawfully
           swear
           it
           ;
           but
           I
           suppose
           it
           will
           not
           follow
           thence
           ,
           that
           I
           may
           lawfully
           swear
           to
           be
           faithful
           ,
           and
           bear
           true
           Allegiance
           to
           him
           .
           It
           was
           lawful
           to
           swear
           Obedience
           to
           Cromwel
           in
           all
           lawful
           things
           ;
           but
           I
           think
           there
           were
           few
           ,
           even
           in
           that
           Age
           of
           Usurpations
           ,
           that
           were
           so
           hardy
           ,
           as
           to
           assert
           the
           lawfulness
           of
           swearing
           Allegiance
           to
           that
           Unnatural
           Usurper
           .
           Dr.
           Sanderson
           proves
           ,
           that
           it
           may
           be
           our
           duty
           to
           obey
           the
           Laws
           of
           an
           Usurper
           ,
           not
           out
           of
           any
           regard
           to
           his
           Authority
           ,
           which
           ,
           he
           says
           ,
           is
           none
           at
           all
           ;
           but
           upon
           other
           considerations
           :
           *
           yet
           he
           is
           absolutely
           against
           swearing
           Allegiance
           to
           Usurpers
           .
           Both
           he
           ,
           and
           all
           the
           Conscientious
           Divines
           of
           that
           Age
           ,
           could
           easily
           distinguish
           Allegiance
           from
           Obeying
           ;
           and
           so
           may
           any
           one
           ,
           that
           is
           not
           absolutely
           resolved
           against
           it
           .
           The
           Pastoral
           Author
           adds
           indeed
           ,
           [
           That
           
             Allegiance
             ,
             in
             our
             present
             acceptation
             ,
             is
             Obedience
             according
             to
             Law
             ,
             ]
          
           Which
           is
           true
           ,
           if
           Obedience
           be
           taken
           in
           its
           utmost
           latitude
           ;
           but
           then
           it
           will
           include
           an
           Obligation
           to
           assist
           K.
           W.
           against
           all
           his
           Enemies
           ;
           and
           in
           this
           sense
           ,
           they
           ,
           who
           refuse
           the
           Oath
           ,
           will
           I
           presume
           ,
           refuse
           also
           to
           obey
           him
           .
        
         
           It
           has
           been
           objected
           further
           ,
           
             That
             ,
             whereas
             the
             actual
             Assistance
             of
             the
             King
             against
             all
             Attempts
             whatsoever
             ,
             was
             inserted
             either
             expresly
             ,
             or
             in
             words
             equivalent
             ,
             in
             all
             the
             former
             Oaths
             of
             Allegiance
             ;
             but
             in
             the
             present
             Oath
             it
             is
             wholly
             omitted
             ,
             and
             therefore
             it
             may
             reasonably
             be
             presum'd
             ,
             That
             where
             less
             is
             expressed
             ,
             less
             is
             required
             ;
             and
             that
             ,
             if
             the
             Imposers
             had
             intended
             such
             actual
             Assistance
             ,
             they
             would
             probably
             in
             plain
             words
             have
             required
             it
             .
          
           What
           the
           Reasons
           were
           of
           making
           this
           ,
           and
           other
           Alterations
           in
           the
           new
           Oath
           of
           Allegiance
           ;
           as
           I
           have
           no
           means
           of
           knowing
           ,
           so
           neither
           is
           it
           of
           any
           moment
           to
           enquire
           .
           To
           the
           Objection
           proposed
           ,
           it
           will
           suffice
           to
           answer
           ,
           That
           the
           Duty
           of
           actual
           Assistance
           against
           all
           men
           living
           ,
           is
           sufficiently
           expressed
           in
           it
           :
           For
           in
           the
           Oath
           we
           are
           required
           to
           swear
           true
           Allegiance
           ,
           and
           that
           does
           
             vi
             termini
          
           import
           such
           an
           Obligation
           :
           and
           as
           no
           particular
           Duties
           of
           Allegiance
           are
           expressed
           in
           the
           Oath
           ,
           so
           neither
           are
           any
           excepted
           ;
           and
           therefore
           we
           are
           obliged
           to
           all
           the
           Duties
           of
           it
           :
           and
           what
           those
           are
           ,
           may
           be
           understood
           from
           the
           Laws
           ,
           and
           the
           common
           acceptation
           of
           the
           Word
           it self
           ;
           which
           ,
           as
           I
           have
           shewn
           ,
           has
           always
           signified
           an
           adherence
           to
           the
           Liege
           Lord
           against
           all
           men
           living
           .
           And
           if
           the
           bare
           omission
           of
           particularizing
           this
           Duty
           ,
           is
           an
           argument
           ,
           that
           it
           was
           not
           intended
           ;
           then
           was
           no
           particular
           Duty
           intended
           ,
           for
           there
           is
           none
           expressed
           :
           and
           so
           the
           result
           will
           be
           ,
           that
           when
           we
           swear
           Allegiance
           ,
           we
           take
           God's
           Name
           in
           vain
           ,
           and
           swear
           to
           nothing
           at
           all
           .
        
         
           
             And
             this
             is
             the
             Answer
          
           ,
           
           
             which
             the
          
           Feudists
           
             have
             long
             since
             given
             to
             the
             Objection
             .
          
           Cujacius
           
             says
             ,
             [
             That
          
           the
           Clause
           of
           defending
           the
           Life
           and
           Dignity
           of
           the
           Lord
           ,
           and
           if
           there
           be
           any
           thing
           else
           ,
           which
           is
           wont
           to
           be
           expressed
           in
           such
           Oaths
           ,
           it
           seems
           to
           be
           contained
           in
           the
           general
           Promise
           of
           Fidelity
           ]
           Molinaeus
           
             tells
             us
          
           ,
           *
           
             [
             That
          
           a
           certain
           Form
           is
           not
           required
           ,
           but
           it
           may
           suffice
           to
           swear
           in
           general
           words
           :
           
           as
           for
           instance
           ;
           I
           swear
           the
           Fealty
           of
           a
           Vassal
           ,
           or
           I
           do
           Homage
           under
           an
           Oath
           of
           Fealty
           :
           neither
           is
           it
           necessary
           particularly
           to
           express
           the
           Heads
           of
           Fidelity
           ;
           for
           that
           is
           well
           enough
           understood
           by
           a
           tacit
           reference
           to
           those
           Duties
           ,
           which
           are
           required
           by
           the
           Feudal
           Law
           and
           Custom
           .
           
             And
             he
             adds
             ,
             it
             may
             be
             also
             answered
             ,
             That
          
           Particular
           Duties
           are
           not
           therefore
           expressed
           in
           those
           Oaths
           ,
           because
           it
           is
           absolutely
           necessary
           ,
           but
           only
           for
           the
           clearer
           understanding
           of
           them
           .
           ]
        
         
           
             But
             there
             is
             one
             Objection
             more
             ,
             which
             must
             be
             considered
             ,
          
           viz.
           That
           this
           is
           an
           Oath
           imposed
           upon
           Clergy-men
           ,
           as
           well
           as
           others
           :
           and
           that
           since
           the
           Laws
           have
           ever
           exempted
           them
           from
           Military
           Services
           ,
           it
           is
           certain
           their
           Allegiance
           doth
           not
           bind
           them
           to
           it
           ;
           and
           therefore
           the
           Allegiance
           required
           in
           the
           Oath
           ,
           is
           not
           such
           ,
           as
           I
           have
           hitherto
           asserted
           ,
           because
           it
           does
           not
           universally
           bind
           the
           Subjects
           to
           an
           Active
           Military
           assistance
           of
           the
           Sovereign
           against
           all
           his
           Enemies
           .
        
         
           But
           this
           Objection
           will
           be
           of
           no
           force
           ,
           if
           it
           be
           considered
           ,
        
         
           1.
           
           That
           Allegiance
           binds
           in
           general
           to
           the
           defence
           of
           the
           King's
           Crown
           ,
           and
           Person
           ;
           which
           implies
           many
           other
           positive
           Dutie●-besides
           Military
           Assistance
           ;
           as
           ,
           Aids
           of
           Money
           ,
           and
           Advice
           ,
           Discovery
           of
           Conspiracies
           ,
           and
           the
           like
           .
           Now
           if
           the
           Laws
           ,
           which
           have
           obliged
           Subjects
           in
           general
           ,
           do
           exempt
           Ecclesiasticks
           from
           the
           Military
           Duties
           of
           Allegiance
           ,
           then
           there
           is
           an
           express
           exception
           of
           them
           as
           to
           those
           Duties
           ;
           and
           this
           very
           Exception
           does
           shew
           ,
           that
           they
           are
           obliged
           to
           all
           the
           other
           Duties
           of
           Allegiance
           ,
           which
           are
           as
           absolutely
           inconsistent
           with
           a
           peaceable
           Neutrality
           ,
           as
           the
           Military
           Assistance
           can
           possibly
           be
           .
           But
           ,
        
         
           2.
           
           Though
           the
           Laws
           have
           ordinarily
           exempted
           Clergy-men
           from
           taking
           up
           Arms
           in
           the
           Defence
           of
           their
           Sovereign
           ,
           yet
           it
           was
           never
           doubted
           ,
           but
           that
           in
           Cases
           of
           extream
           necessity
           ,
           when
           the
           Life
           of
           the
           Prince
           is
           in
           imminent
           danger
           ,
           and
           there
           are
           no
           other
           Persons
           to
           defend
           it
           ,
           and
           it
           is
           in
           the
           power
           of
           a
           Churchman
           to
           save
           it
           ,
           though
           with
           the
           hazard
           of
           his
           own
           ,
           that
           in
           such
           an
           Exigency
           he
           is
           bound
           by
           his
           Allegiance
           to
           a
           Personal
           and
           Military
           assistance
           of
           him
           :
           and
           therefore
           it
           is
           still
           true
           ,
           that
           all
           the
           Subjects
           are
           bound
           by
           their
           Allegiance
           to
           a
           Military
           defence
           of
           their
           Soveraign
           ,
           when
           necessity
           shall
           require
           it
           .
           And
           yet
           further
           .
        
         
           3.
           
           Though
           Spiritual
           Persons
           are
           not
           ordinarily
           obliged
           to
           defend
           their
           Soveraign
           with
           secular
           Arms
           ;
           yet
           their
           Allegiance
           binds
           them
           to
           do
           it
           with
           Arms
           more
           prevalent
           ,
           and
           efficasious
           ,
           viz.
           Prayers
           ,
           and
           Intercessions
           with
           God
           for
           their
           safety
           ,
           and
           Victory
           over
           all
           their
           Enemies
           .
           Thus
           Zouch
           tells
           us
           out
           of
           the
           
             Grand
             Customary
             of
             Normandy
          
           
             [
             That
             Bishops
             ,
             
             and
             other
             Ecclesiastical
             Persons
             ,
             (
             who
             held
             Lands
             granted
             in
             
               Frank
               Almoine
            
             ,
             or
             
               in
               puram
               &
               perpetuam
               Eleemosynam
               ;
               ]
            
             are
             bound
             to
             no
             other
             Service
             ,
             but
             to
             pray
             for
             the
             Prince
             ,
             and
             intercede
             with
             God
             for
             his
             safety
             .
             ]
          
           This
           is
           a
           Branch
           of
           Allegiance
           most
           especially
           incumbent
           upon
           them
           ,
           who
           wait
           at
           the
           Altar
           ;
           less
           ,
           than
           this
           ,
           cannot
           in
           reason
           be
           required
           of
           them
           ,
           and
           a
           greater
           ,
           and
           more
           beneficial
           Service
           cannot
           possibly
           be
           perform'd
           by
           any
           one
           .
           And
           it
           was
           never
           yet
           heard
           ,
           that
           a
           Church-man
           could
           with
           a
           good
           Conscience
           swear
           Allegiance
           to
           a
           Prince
           ;
           and
           yet
           could
           not
           pray
           ,
           that
           he
           might
           have
           Victory
           over
           all
           his
           Enemies
           .
           This
           is
           a
           branch
           of
           Allegiance
           ,
           which
           our
           Church
           has
           expresly
           required
           of
           us
           in
           her
           Liturgy
           ;
           
           nay
           it
           has
           been
           taught
           us
           by
           the
           
             Catholick
             Church
          
           of
           all
           Ages
           ,
           wherein
           Prayers
           have
           been
           constantly
           made
           for
           Peace
           and
           Safety
           ,
           for
           Prosperity
           and
           Victory
           ,
           
           not
           unto
           Christian
           Emperors
           only
           ,
           
           but
           even
           to
           the
           most
           Cruel
           Persecutors
           of
           Christianity
           .
           And
           if
           this
           
           be
           the
           duty
           peculiarly
           of
           Churchmen
           ,
           then
           it
           is
           their
           duty
           undoubtedly
           in
           their
           Stations
           to
           contribute
           all
           other
           actual
           Assistance
           also
           ;
           and
           if
           this
           be
           a
           necessary
           branch
           of
           Allegiance
           ;
           then
           it
           is
           evident
           ,
           that
           we
           cannot
           swear
           Allegiance
           with
           a
           design
           of
           Neutrality
           ,
           or
           a
           reserve
           of
           Allegiance
           to
           K.
           J.
           for
           then
           we
           should
           be
           obliged
           to
           pray
           reciprocally
           backward
           ,
           and
           forward
           ,
           that
           J.
           may
           vanquish
           W.
           and
           W.
           vanquish
           J.
           and
           that
           both
           may
           have
           Victory
           over
           all
           their
           Enemies
           ,
           when
           they
           are
           irreconcilable
           Enemies
           to
           each
           other
           .
        
         
           Wherefore
           to
           conclude
           this
           Point
           .
           If
           it
           be
           true
           (
           as
           I
           have
           endeavoured
           to
           prove
           )
           that
           Faith
           ,
           and
           true
           Allegiance
           in
           the
           Construction
           of
           the
           Law
           ;
           and
           the
           common
           Sense
           and
           Understanding
           of
           the
           People
           ,
           do
           signifie
           such
           an
           Allegiance
           ,
           as
           is
           expressed
           in
           the
           highest
           Construction
           of
           the
           Oath
           ;
           it
           is
           evident
           ,
           that
           this
           Construction
           is
           the
           true
           declared
           meaning
           of
           it
           .
           For
           the
           declared
           meaning
           must
           be
           expressed
           in
           Words
           ,
           and
           Words
           must
           be
           understood
           according
           to
           the
           known
           ,
           the
           usual
           ,
           and
           genuine
           Signification
           of
           them
           ;
           and
           if
           Men
           will
           take
           a
           liberty
           of
           imposing
           a
           quite
           different
           sense
           upon
           them
           at
           their
           pleasure
           ,
           there
           is
           an
           end
           of
           all
           Promises
           and
           Oaths
           ,
           of
           all
           Faith
           and
           Commerce
           among
           Mankind
           ;
           and
           then
           I
           know
           not
           why
           in
           the
           present
           Oath
           W.
           may
           not
           signifie
           J.
           and
           Allegiance
           Rebellion
           .
        
         
           Hitherto
           I
           have
           been
           proving
           ,
           that
           the
           Reason
           and
           Intention
           of
           the
           Oath
           ,
           and
           the
           words
           themselves
           in
           which
           it
           is
           expressed
           ,
           do
           necessarily
           oblige
           us
           to
           the
           highest
           Construction
           of
           it
           :
           And
           where
           there
           is
           a
           manifest
           concurrence
           of
           both
           these
           in
           the
           Interpretation
           of
           an
           Oath
           ,
           than
           there
           is
           nothing
           wanting
           to
           induce
           a
           Moral
           certainty
           of
           the
           true
           meaning
           of
           it
           .
           But
           because
           the
           Intention
           of
           the
           Imposer
           may
           be
           searched
           into
           by
           other
           means
           ,
           besides
           the
           naked
           force
           of
           the
           Words
           ,
           as
           by
           probable
           Conjectures
           grounded
           upon
           Circumstances
           ;
           and
           their
           other
           Impositions
           and
           Proceedings
           ,
           which
           have
           some
           relation
           to
           the
           Matter
           of
           the
           Oath
           ;
           I
           will
           proceed
           to
           shew
           ,
           that
           even
           these
           also
           do
           afford
           reasonable
           grounds
           to
           perswade
           the
           Sense
           ,
           I
           have
           here
           asserted
           ,
           to
           be
           the
           true
           meaning
           of
           it
           .
        
         
           But
           here
           there
           are
           two
           Cautions
           to
           be
           premised
           .
           First
           ,
           That
           when
           the
           words
           of
           the
           Law
           do
           according
           to
           the
           Vulgar
           ,
           Customary
           ,
           or
           legal
           Acceptation
           of
           them
           ,
           evidently
           express
           the
           Intention
           of
           the
           Lawgiver
           ,
           
           then
           the
           Enquiry
           into
           the
           same
           Intention
           by
           Circumstances
           and
           Appendages
           ,
           is
           of
           no
           importance
           ;
           for
           the
           Words
           are
           the
           first
           and
           principal
           Sign
           of
           the
           Intention
           ,
           and
           when
           they
           do
           clearly
           represent
           it
           ,
           the
           Conscience
           of
           the
           Subject
           is
           obliged
           to
           the
           very
           Words
           ;
           otherwise
           it
           is
           impossible
           we
           should
           be
           ascertain'd
           of
           the
           meaning
           of
           any
           Law
           ;
           if
           no
           words
           ,
           how
           clear
           soever
           ,
           can
           express
           it
           ;
           and
           so
           to
           make
           a
           Law
           would
           be
           a
           thing
           impracticable
           ,
           
           because
           the
           Will
           of
           the
           Lawgiver
           could
           not
           possibly
           be
           expressed
           .
           Therefore
           Secondly
           ,
           The
           Words
           of
           the
           Law
           being
           the
           best
           and
           surest
           means
           of
           expressing
           the
           Intention
           ;
           unless
           clear
           ,
           and
           manifest
           Evidence
           can
           be
           produced
           to
           shew
           ,
           
           that
           the
           Intention
           of
           the
           Lawgiver
           is
           quite
           different
           from
           what
           the
           natural
           sense
           of
           the
           words
           does
           import
           ;
           the
           genuine
           Signification
           of
           them
           is
           always
           to
           be
           adhered
           to
           .
           So
           says
           the
           Civil-Law
           expresly
           
             [
             non
             aliter
             a
             significatione
             verborum
             ejus
             recedi
             ,
             quàm
             cùm
             manifestum
             aliud
             ipsum
             sensisse
             .
             ]
          
           and
           the
           necessity
           of
           this
           Rule
           is
           evident
           ;
           for
           if
           it
           were
           allowed
           to
           recede
           from
           the
           words
           but
           upon
           manifest
           Evidence
           of
           a
           different
           Intention
           ,
           every
           one
           might
           wrest
           the
           Law
           as
           he
           pleased
           ,
           and
           the
           Law
           would
           not
           be
           the
           measure
           of
           Duty
           ,
           but
           the
           Subjects
           Arbitrary
           Glosses
           on
           it
           .
        
         
           Supposing
           therefore
           ,
           not
           granting
           ,
           that
           the
           words
           of
           the
           Oath
           do
           not
           clearly
           
           represent
           the
           Intention
           of
           the
           Legislators
           ;
           proceed
           we
           now
           to
           enquire
           into
           the
           true
           meaning
           of
           it
           ,
           from
           Circumstances
           ,
           and
           other
           Actions
           of
           the
           Imposers
           .
           And
           ,
        
         
           1.
           
           I
           consider
           ,
           that
           the
           Parliament
           ,
           in
           the
           Act
           declaring
           the
           Rights
           ,
           and
           Liberties
           of
           the
           Subject
           ,
           and
           settling
           the
           Succession
           of
           the
           Crown
           ,
           have
           imposed
           [
           this
           and
           no
           other
           Oath
           ]
           upon
           their
           Military
           Officers
           and
           Soldiers
           :
           And
           it
           seems
           very
           absurd
           to
           imagine
           ,
           that
           they
           should
           intend
           to
           oblige
           them
           only
           to
           a
           peaceable
           Neutrality
           ;
           or
           leave
           it
           lawful
           for
           them
           ,
           notwithstanding
           the
           Oath
           ,
           to
           assist
           K.
           J.
           against
           themselves
           .
           But
           if
           on
           the
           contrary
           it
           be
           reasonable
           to
           believe
           ,
           that
           they
           intended
           to
           oblige
           their
           Soldiers
           to
           an
           active
           assistance
           of
           K.
           William
           against
           all
           his
           Enemies
           ;
           then
           of
           necessity
           ,
           according
           to
           the
           Intention
           of
           the
           Imposers
           ,
           the
           very
           words
           of
           the
           Oath
           do
           oblige
           them
           to
           it
           :
           And
           if
           so
           ,
           I
           cannot
           comprehend
           ,
           why
           the
           same
           words
           should
           not
           oblige
           all
           others
           also
           in
           their
           respective
           Capacities
           to
           the
           like
           assistance
           :
           Or
           why
           the
           Legislators
           should
           intend
           the
           Oath
           to
           be
           taken
           by
           different
           Persons
           in
           contradictory
           Senses
           ,
           and
           bind
           one
           to
           be
           a
           Neuter
           ,
           another
           to
           be
           Active
           for
           the
           Government
           ,
           and
           allow
           a
           Third
           to
           be
           active
           against
           it
           .
        
         
           2.
           
           It
           is
           certain
           ,
           that
           the
           Present
           Government
           has
           exacted
           of
           all
           Clergy-men
           an
           actual
           assistance
           of
           it
           (
           as
           great
           at
           least
           as
           that
           which
           is
           required
           of
           Soldiers
           )
           even
           against
           K.
           J.
           For
           they
           are
           obliged
           under
           great
           Penalties
           ,
           to
           insert
           K.
           W.
           in
           the
           Liturgy
           ,
           and
           to
           pray
           that
           he
           may
           have
           Victory
           over
           all
           his
           Enemies
           ;
           among
           whom
           his
           greatest
           ,
           and
           most
           implacable
           Enemy
           ,
           the
           Enemy
           that
           is
           actually
           endeavouring
           to
           wrest
           his
           Crown
           and
           dignity
           from
           him
           ,
           must
           needs
           be
           comprehended
           .
           And
           thus
           to
           pray
           ,
           is
           the
           greatest
           assistance
           to
           the
           one
           ,
           and
           opposition
           to
           the
           other
           ,
           that
           can
           be
           imagined
           .
           And
           hence
           it
           seems
           natural
           to
           infer
           ;
           that
           they
           ,
           who
           have
           exacted
           this
           ,
           would
           not
           afterwards
           Enact
           an
           Oath
           to
           oblige
           them
           to
           a
           meer
           Neutrality
           ;
           or
           leave
           them
           a
           reserve
           of
           their
           old
           Allegiance
           to
           K.
           J.
           What
           reason
           can
           there
           be
           possible
           assign'd
           for
           this
           ;
           that
           they
           ,
           who
           were
           antecedently
           bound
           to
           more
           ,
           should
           be
           afterwards
           sworn
           to
           less
           ;
           or
           that
           our
           Present
           Governours
           should
           oblige
           Clergymen
           to
           pray
           against
           all
           their
           Enemies
           ,
           and
           then
           allow
           them
           to
           assist
           those
           Enemies
           ,
           or
           discharge
           them
           from
           assisting
           the
           Government
           against
           them
           .
        
         
           3.
           
           Though
           every
           breach
           of
           Allegiance
           is
           not
           punished
           as
           Treason
           by
           the
           Law
           ,
           yet
           all
           Treason
           is
           certainly
           a
           violation
           of
           Allegiance
           ;
           therefore
           whatsovere
           is
           branded
           ,
           or
           punished
           as
           Treason
           by
           the
           Lawgivers
           ,
           and
           Imposers
           of
           this
           Oath
           ,
           is
           very
           probably
           intended
           to
           be
           forbidden
           by
           it
           .
           Whether
           this
           Inference
           be
           not
           reasonable
           ,
           I
           appeal
           to
           the
           common
           Sense
           of
           all
           Men
           ;
           or
           whether
           any
           thing
           can
           be
           more
           natural
           ,
           than
           to
           conclude
           ,
           that
           the
           Lawgivers
           intended
           in
           this
           Oath
           of
           Allegiance
           to
           prevent
           ,
           what
           they
           design'd
           to
           punish
           as
           a
           violation
           of
           it
           ;
           and
           to
           bind
           the
           Subjects
           to
           Fidelity
           ,
           not
           only
           for
           Wrath
           ,
           but
           also
           for
           Conscience
           sake
           .
           But
           it
           is
           notorious
           to
           all
           Men
           ,
           that
           the
           Imposers
           of
           this
           Oath
           ,
           have
           treated
           the
           Assisters
           of
           K.
           J.
           as
           guilty
           of
           High
           Treason
           ;
           that
           Bills
           have
           been
           proposed
           for
           the
           forfeiture
           of
           their
           Estates
           ,
           and
           Tryal
           of
           their
           Persons
           ;
           that
           they
           have
           imprisoned
           many
           upon
           suspicion
           of
           siding
           with
           K.
           J.
           and
           actually
           Arraigned
           others
           for
           dispersing
           his
           Proclamations
           :
           And
           have
           lately
           Condemn'd
           and
           hang'd
           one
           ,
           for
           saying
           he
           rais'd
           Men
           to
           assist
           him
           .
           And
           therefore
           we
           cannot
           but
           conclude
           ;
           that
           they
           ,
           who
           punished
           such
           assistance
           ,
           as
           a
           breach
           of
           Allegiance
           ,
           did
           design
           ,
           when
           they
           obliged
           us
           to
           swear
           Allegiance
           to
           debar
           us
           from
           it
           .
           Thus
           it
           is
           evident
           the
           assistance
           of
           K.
           J.
           is
           forbid
           in
           the
           Oath
           ;
           and
           it
           will
           be
           further
           evident
           ,
           that
           so
           
           is
           a
           Neutrality
           also
           ;
           if
           it
           be
           considered
           ,
           that
           there
           is
           no
           doubt
           ,
           but
           even
           the
           not
           discovering
           of
           any
           designs
           of
           K.
           J.
           against
           the
           Crown
           and
           Dignity
           of
           K.
           W.
           that
           should
           come
           to
           our
           knowledg
           ,
           would
           be
           punished
           by
           the
           same
           Authority
           ,
           as
           an
           Offence
           contrary
           to
           our
           due
           Allegiance
           to
           him
           .
           And
           therefore
           since
           such
           a
           discovery
           is
           plainly
           inconsistent
           with
           an
           exact
           Neutrality
           ;
           it
           is
           obvious
           to
           infer
           ,
           that
           a
           Neutrality
           ,
           which
           in
           the
           Judgment
           of
           our
           Law-givers
           is
           against
           our
           due
           Allegiance
           ,
           is
           forbidden
           by
           them
           in
           the
           Oath
           of
           Allegiance
           .
        
         
           4.
           
           Lastly
           ,
           The
           highest
           Construction
           of
           the
           Oath
           seems
           to
           be
           most
           agreeable
           to
           all
           the
           Principles
           ,
           and
           Proceedings
           of
           the
           Imposers
           .
           This
           might
           be
           demonstrated
           by
           many
           particulars
           ,
           but
           most
           especially
           from
           the
           very
           
             Instrument
             of
             Government
          
           ,
           wherein
           this
           Oath
           had
           its
           Birth
           .
           There
           they
           first
           declare
           ,
           That
           K.
           J.
           had
           abdicated
           the
           Government
           ,
           and
           that
           the
           Throne
           was
           thereby
           vacant
           :
           then
           they
           confer
           the
           Royal
           Dignity
           upon
           W.
           and
           M.
           as
           King
           and
           Queen
           of
           England
           ;
           and
           then
           annex
           the
           present
           Oath
           of
           Allegiance
           to
           be
           sworn
           unto
           them
           .
           So
           that
           if
           we
           take
           all
           together
           ,
           we
           may
           probably
           conclude
           ,
           that
           they
           intended
           a
           full
           ,
           absolute
           ,
           and
           unreserved
           Allegiance
           to
           them
           .
           By
           their
           first
           Declaration
           it
           appears
           ,
           to
           be
           their
           Intention
           ,
           that
           no
           Allegiance
           should
           be
           paid
           to
           K.
           J.
           for
           to
           No
           King
           ,
           No
           Allegiance
           is
           due
           :
           By
           the
           second
           ,
           That
           all
           our
           Allegiance
           should
           be
           paid
           to
           W.
           and
           M.
           for
           there
           being
           no
           other
           Sovereign
           according
           to
           this
           Declaration
           ,
           it
           must
           be
           all
           due
           unto
           them
           alone
           .
           And
           the
           new
           Oath
           being
           then
           immediately
           added
           ,
           is
           it
           not
           rational
           to
           interpret
           it
           in
           Congruity
           to
           those
           Declarations
           ;
           which
           do
           manifestly
           discover
           it
           to
           be
           the
           Intention
           of
           the
           Imposers
           ,
           that
           all
           our
           Allegiance
           should
           be
           paid
           to
           the
           present
           Princes
           ,
           without
           any
           reservation
           of
           the
           same
           Duty
           to
           K.
           J
           ;
           who
           according
           to
           that
           Instrument
           has
           no
           more
           Right
           ,
           than
           the
           Cham
           of
           Tartary
           to
           it
           .
           And
           I
           presume
           it
           will
           not
           be
           denied
           ,
           That
           the
           Intention
           of
           the
           Oath
           is
           the
           same
           in
           the
           Law
           ,
           as
           it
           was
           in
           the
           Declaration
           .
        
         
           But
           to
           this
           it
           is
           replied
           ,
           That
           though
           it
           be
           true
           ,
           that
           in
           the
           Judgment
           of
           the
           Imposers
           ,
           all
           our
           Allegiance
           is
           due
           to
           K.
           W.
           and
           none
           at
           all
           to
           K.
           J
           :
           yet
           if
           it
           be
           consider'd
           ,
           that
           when
           the
           Form
           of
           the
           Oath
           was
           under
           Debate
           ,
           the
           word
           Rightful
           was
           struck
           out
           ,
           upon
           exception
           made
           ,
           that
           many
           scrupulous
           Persons
           would
           thereupon
           refuse
           to
           take
           it
           ;
           and
           so
           the
           Form
           was
           passed
           without
           it
           .
           This
           may
           be
           well
           taken
           for
           a
           sufficient
           Indication
           ,
           that
           it
           was
           the
           Intention
           of
           the
           Imposers
           ,
           that
           we
           should
           swear
           Allegiance
           to
           the
           K.
           and
           Q.
           only
           as
           such
           
             de
             facto
          
           ;
           and
           consequently
           ,
           that
           they
           did
           not
           intend
           to
           oblige
           us
           to
           such
           a
           high
           degree
           of
           Allegiance
           as
           is
           due
           to
           a
           K.
           
             de
             Jure
          
           :
           and
           therefore
           that
           it
           is
           not
           necessary
           to
           take
           the
           Oath
           in
           the
           highest
           Construction
           of
           it
           .
        
         
           This
           seems
           to
           be
           the
           most
           considerable
           reason
           ,
           that
           is
           urged
           for
           the
           abatement
           of
           the
           old
           sense
           of
           Allegiance
           ;
           and
           I
           hope
           to
           give
           a
           satisfactory
           Answer
           to
           it
           .
           And
           I
           Answer
           ,
        
         
           1.
           
           That
           though
           the
           deliberate
           omission
           of
           the
           word
           Rightful
           does
           necessarily
           infer
           ,
           that
           we
           are
           not
           obliged
           in
           this
           Oath
           to
           a
           Recognition
           of
           the
           right
           to
           the
           Crown
           :
           yet
           it
           does
           not
           infer
           ,
           that
           we
           are
           not
           obliged
           to
           pay
           as
           high
           a
           degree
           of
           Allegiance
           ,
           as
           to
           any
           Rightful
           King
           whatsoever
           .
           That
           omission
           is
           an
           argument
           ,
           that
           the
           word
           King
           in
           the
           Oath
           does
           not
           necessarily
           signifie
           a
           King
           
             de
             jure
          
           :
           but
           it
           is
           no
           argument
           ,
           that
           true
           Allegiance
           does
           not
           signifie
           true
           Allegiance
           ,
           that
           is
           ,
           an
           Obligation
           to
           adhere
           to
           the
           King
           against
           all
           his
           Enemies
           .
           For
           there
           was
           uo
           Debate
           ,
           that
           we
           know
           of
           ,
           about
           the
           Sense
           of
           the
           word
           Allegiance
           ;
           
           neither
           is
           there
           any
           Intimation
           given
           ,
           that
           they
           design'd
           to
           restrain
           it
           to
           a
           lower
           signification
           ,
           though
           it
           was
           plainly
           necessary
           to
           do
           it
           ,
           if
           they
           intended
           to
           alter
           the
           commonly
           received
           meaning
           of
           it
           .
           Wherefore
           as
           the
           striking
           out
           the
           word
           Rightful
           would
           not
           have
           proved
           ,
           that
           they
           did
           not
           intend
           to
           oblige
           us
           to
           an
           active
           assistance
           of
           K.
           W.
           against
           all
           Men
           living
           ;
           if
           those
           words
           had
           been
           expresly
           inserted
           in
           the
           Oath
           :
           so
           neither
           will
           it
           prove
           ,
           that
           the
           same
           Duty
           is
           not
           now
           required
           of
           us
           ,
           if
           the
           word
           Allegiance
           do
           ,
           as
           I
           have
           proved
           ,
           
             vi
             termini
          
           import
           it
           ;
           and
           that
           as
           fully
           ,
           as
           if
           it
           had
           been
           in
           express
           words
           required
           in
           it
           .
        
         
           2.
           
           That
           an
           abatement
           of
           Allegiance
           is
           not
           necessarily
           inferr'd
           in
           that
           omission
           does
           appear
           from
           hence
           ;
           because
           it
           might
           be
           the
           Judgment
           of
           the
           Imposers
           ,
           that
           a
           plenary
           ,
           and
           unreserved
           Allegiance
           was
           due
           by
           the
           Laws
           of
           this
           Kingdom
           even
           to
           a
           K.
           
             de
             facto
          
           ;
           as
           much
           as
           if
           he
           were
           K.
           
             de
             jure
          
           also
           :
           and
           if
           that
           were
           their
           opinion
           ;
           then
           we
           have
           a
           rational
           ,
           and
           easie
           account
           of
           that
           Omission
           ,
           viz.
           that
           since
           the
           highest
           Allegiance
           was
           thought
           due
           to
           a
           King
           
             de
             facto
          
           ,
           it
           was
           not
           necessary
           to
           create
           scruples
           by
           insisting
           on
           the
           word
           Rightful
           ,
           since
           the
           work
           of
           the
           Law
           might
           be
           as
           effectually
           done
           without
           it
           ,
           and
           the
           present
           Governors
           secured
           by
           obliging
           the
           Subjects
           to
           swear
           Allegiance
           to
           them
           .
           And
           that
           this
           was
           probably
           the
           true
           reason
           of
           that
           Omission
           must
           needs
           be
           granted
           ,
           if
           it
           be
           consider'd
           how
           that
           opinion
           is
           become
           almost
           universal
           ,
           and
           has
           been
           publickly
           countenanced
           ,
           and
           asserted
           not
           only
           in
           so
           many
           Licens'd
           Pamphlets
           ,
           but
           by
           our
           Lawyers
           and
           Judges
           ,
           and
           even
           by
           our
           Law-givers
           themselves
           .
           However
           it
           clearly
           shews
           ,
           that
           the
           Omission
           of
           the
           word
           Rightful
           does
           not
           manifestly
           prove
           their
           Intention
           to
           oblige
           us
           to
           a
           lower
           degree
           of
           Allegiance
           :
           And
           the
           rule
           of
           the
           Law
           is
           here
           to
           be
           applied
           ,
           that
           we
           must
           not
           recede
           from
           the
           Customary
           signification
           of
           the
           words
           of
           the
           Oath
           ,
           when
           there
           is
           no
           manifest
           Necessity
           for
           it
           .
        
         
           Further
           ,
           If
           it
           be
           objected
           ,
           That
           many
           Members
           of
           both
           Houses
           of
           Parliament
           have
           declared
           ,
           that
           the
           Oath
           was
           intended
           only
           to
           oblige
           us
           to
           live
           peaceably
           under
           the
           Government
           ;
           I
           answer
           ,
           That
           those
           words
           seem
           more
           ambiguous
           ,
           than
           the
           words
           of
           the
           Oath
           ;
           that
           the
           utmost
           extent
           of
           them
           may
           reach
           to
           a
           full
           and
           unreserved
           Allegiance
           ;
           that
           probably
           there
           are
           not
           many
           that
           will
           say
           ,
           that
           they
           did
           not
           intend
           to
           debar
           us
           from
           paying
           any
           Allegiance
           to
           K.
           J.
           and
           if
           they
           should
           ,
           there
           are
           more
           who
           will
           declare
           the
           contrary
           ;
           and
           that
           lastly
           ,
           the
           Declaration
           of
           those
           Members
           is
           no
           authentical
           Interpretation
           ;
           for
           when
           the
           Assembly
           of
           Parliament
           is
           ended
           ,
           they
           are
           not
           to
           be
           consider'd
           ,
           as
           Law-givers
           ,
           but
           as
           private
           Persons
           ;
           and
           they
           have
           no
           more
           Authority
           to
           interpret
           Statutes
           ,
           than
           they
           have
           to
           make
           them
           .
        
         
           And
           lastly
           ,
           If
           it
           be
           yet
           further
           objected
           ,
           That
           the
           Government
           not
           opposing
           the
           Declarations
           ,
           which
           have
           been
           publickly
           made
           by
           many
           ,
           
             [
             That
             they
             took
             the
             Oath
             in
             no
             other
             Sense
             ,
             but
             that
             of
             a
             peaceable
             Submission
             ,
             ]
          
           does
           imply
           a
           tacit
           approbation
           of
           it
           .
           The
           answer
           is
           obvious
           :
           That
           the
           not
           opposing
           those
           Declarations
           does
           not
           amount
           to
           the
           approving
           of
           them
           ,
           as
           the
           Sense
           of
           the
           Imposers
           ;
           but
           only
           to
           a
           connivence
           at
           them
           for
           some
           Politick
           end
           ,
           and
           design
           :
           And
           in
           short
           ,
           no
           Man
           will
           say
           ,
           That
           not
           opposing
           is
           approving
           ;
           or
           ,
           that
           the
           Government
           does
           always
           allow
           of
           that
           ,
           which
           it
           does
           not
           punish
           .
        
         
         
           And
           thus
           have
           I
           somewhat
           more
           largely
           ,
           than
           at
           first
           I
           intended
           ,
           explained
           the
           Nature
           of
           Allegiance
           ,
           and
           asserted
           the
           highest
           Construction
           of
           the
           Oath
           to
           be
           the
           genuine
           meaning
           of
           it
           .
           And
           ,
           I
           hope
           ,
           it
           will
           be
           allowed
           ,
           that
           this
           discourse
           has
           sufficiently
           evinced
           ,
           if
           not
           the
           certainty
           of
           that
           Construction
           ,
           yet
           at
           least
           the
           uncertainty
           of
           the
           other
           Interpretations
           of
           it
           .
        
         
           And
           then
           if
           any
           one
           ,
           after
           all
           that
           has
           been
           here
           offered
           ,
           shall
           remain
           doubtful
           about
           the
           true
           Sense
           of
           the
           Oath
           ;
           I
           shall
           only
           put
           him
           in
           mind
           of
           that
           necessary
           Caution
           of
           Dr.
           Sanderson
           ,
           
           
             [
             That
             when
             the
             meaning
             of
             an
             Oath
             is
             dubious
             ,
             
             great
             care
             must
             be
             used
             ,
             
             that
             we
             do
             not
             indulge
             our
             corrupt
             Affections
             too
             much
             ;
             or
             assume
             to
             our selves
             a
             loose
             and
             licentious
             way
             of
             interpreting
             ,
             that
             we
             may
             the
             more
             easily
             evade
             the
             Obligation
             of
             the
             Oath
             ;
             and
             that
             we
             do
             not
             for
             our
             proper
             Interest
             ,
             and
             advantage
             ,
             affix
             any
             other
             sense
             upon
             the
             Oath
             ,
             or
             any
             part
             of
             it
             ,
             than
             that
             ,
             which
             any
             other
             pious
             and
             prudent
             person
             (
             who
             ,
             being
             unconcerned
             in
             the
             Business
             ,
             is
             of
             a
             freer
             Judgment
             ,
             )
             would
             easily
             gather
             out
             of
             the
             words
             themselves
             :
             and
             that
             for
             two
             Reasons
             .
             First
             ,
             For
             fear
             of
             giving
             scandal
             to
             others
             ,
             lest
             any
             other
             weaker
             Person
             ,
             being
             encouraged
             by
             our
             example
             ,
             should
             think
             the
             same
             thing
             lawful
             for
             him
             ,
             which
             he
             sees
             practised
             by
             us
             ;
             though
             he
             be
             ignorant
             of
             those
             Subtilties
             ,
             by
             which
             alone
             we
             discharge
             our selves
             from
             Perjury
             .
             And
             Secondly
             ,
             In
             respect
             of
             our selves
             ,
             viz.
             for
             fear
             of
             Perjury
             ;
             *
             The
             Guilt
             of
             which
             abominable
             Crime
             ,
             we
             do
             undoubtedly
             bring
             upon
             our
             Souls
             ,
             if
             that
             more
             favourable
             Interptation
             ,
             which
             emboldned
             us
             to
             take
             the
             Oath
             ,
             should
             chance
             to
             deceive
             us
             .
             And
             this
             Reason
             is
             grounded
             upon
             that
             general
             Rule
             ;
             which
             requires
             us
             in
             things
             doubtful
             to
             chuse
             the
             safer
             side
             .
             But
             it
             is
             much
             safer
             to
             refuse
             the
             Oath
             propounded
             ,
             when
             the
             Words
             according
             to
             the
             common
             ,
             and
             obvious
             sense
             ,
             do
             seem
             to
             contain
             any
             thing
             unlawful
             in
             it self
             ;
             than
             by
             a
             loose
             Interpretation
             so
             to
             mollifie
             them
             to
             our
             purpose
             ,
             as
             that
             we
             may
             the
             more
             safely
             take
             it
             .
             Forasmuch
             as
             it
             is
             manifest
             ,
             that
             such
             an
             Oath
             may
             be
             refused
             ,
             but
             not
             that
             it
             may
             be
             taken
             without
             any
             either
             fear
             ,
             or
             danger
             of
             Perjury
             .
             ]
          
           Thus
           that
           excellent
           Casuist
           .
        
         
           And
           in
           another
           place
           ,
           where
           he
           expresly
           propounds
           the
           Case
           of
           an
           ambiguous
           Oath
           ,
           his
           Resolution
           is
           ,
           
             [
             That
             a
             pious
             and
             prudent
             Person
             should
             absolutely
             refuse
             it
             ;
             *
             and
             that
             before
             an
             Oath
             can
             be
             rightly
             taken
             ,
             it
             is
             expedient
             ,
             that
             there
             be
             a
             clear
             Agreement
             amongst
             all
             Parties
             concerned
             ,
             (
             the
             Imposers
             ,
             and
             the
             Takers
             )
             about
             the
             meaning
             of
             it
             .
             ]
          
        
         
           Whether
           this
           be
           not
           honest
           ,
           and
           conscientious
           Divinity
           ,
           I
           leave
           every
           man
           to
           judge
           ;
           and
           whether
           they
           ,
           who
           have
           taken
           the
           Oath
           in
           the
           lower
           interpretation
           ,
           have
           acted
           according
           to
           these
           or
           better
           measures
           ,
           they
           themselves
           are
           the
           only
           Judges
           .
           If
           they
           have
           herein
           acted
           with
           sincerity
           ,
           and
           their
           
           own
           hearts
           do
           not
           condemn
           them
           ;
           then
           they
           may
           have
           confidence
           towards
           God
           ;
           but
           we
           should
           all
           remember
           ,
           that
           God
           is
           greater
           than
           our
           hearts
           ,
           and
           knoweth
           all
           things
           ;
           and
           that
           they
           ,
           who
           swear
           deceitfully
           ;
           or
           change
           ,
           when
           they
           have
           sworn
           to
           their
           own
           hurt
           ,
           shall
           never
           ,
           unless
           they
           repent
           ,
           abide
           in
           the
           Tabernacle
           of
           the
           Lord
           ,
           nor
           ascend
           into
           his
           Holy
           Place
           .
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A36485-e10
           
             Spel.
             in
             v●r
             .
             Fideles
             .
          
           
             Feudum
             est
             benevola
             ,
             &
             libera
             rei
             immobilis
             ,
             &
             aequipollentis
             concessio
             ,
             cum
             translatione
             utilis
             Dominii
             ,
             proprietatè
             retentâ
             sub
             exhibitione
             servitiorum
             honestorum
             .
          
           
             Feud
             .
             Declaratio
             ante
             lib.
             Feud
             .
          
           
             Disp
             de
             Feud
             .
             c.
             7.
             
          
           
             Gloss
             .
             in
             ver
             .
             Ligium
             .
          
           
             lib.
             2.
             c.
             35.
             
          
           
             fol.
             79.
             
          
           
             l.
             9.
             c.
             1.
             
          
           
             l.
             3.
             c.
             16.
             
          
           
             Inst
             .
             jur
             .
          
           
             Ang.
             l.
             2.
             tit
             .
             2.
             
          
           
             Feud
             l.
             2.
             tit
             26
             :
          
           
             Car.
             Mol.
             
          
           
             tit
             .
             1.
             
          
           
             de
             Fi.
             S.
             3
             
          
           
             Glo.
             4.
             n.
             17
             
          
           
             Bracton
             .
             l.
             1
             c.
             8.
             
             Si
             autem
             a
             rege
             petatur
             ,
             locus
             ●rit
             supplicationi
             ,
             quod
             factum
             suum
             corrigat
             ,
             &
             emendet
             :
             quod
             quidem
             si
             non
             secerit
             ,
             satis
             sufficit
             ei
             ad
             paenam
             ,
             quod
             Dominum
             expectet
             ultorem
             .
          
           
             In
             v.
             Fidelitas
             .
          
           
             †
             Historia
             major
             ,
             p.
             5
             ,
             6.
             
          
           
             *
             Cambden
             .
             Britannia
             .
             p.
             109.
             vdit
             .
             Lond.
             16●7
             .
             Victor
             Gulielmus
             ,
             in
             victoriae
             quasi
             trophaeum
             antiquatis
             maximam
             partem
             Anglorum
             Legibus
             Normannie
             ●onsuetudines
             induxit
             ,
             causisque
             Gallicè
             disceptari
             jussis
             ,
             exclasis
             haereaitate
             avitâ
             Anglis
             ,
             agros
             &
             praedia
             militibus
             suis
             assignavit
             ;
             ita
             tamen
             ,
             ut
             Dominium
             directum
             sibi
             reservaret
             ,
             obsequiumque
             clientelari
             jure
             sibi
             &
             successoribus
             devinciret
             .
             i.
             e.
             ut
             omnes
             in
             feudo
             sive
             fide
             ●enerent
             ,
             &
             nulli
             praeter
             Regem
             essent
             veri
             Domini
             ;
             sed
             ●otiùs
             fiduciarii
             Domini
             ,
             &
             possessores
             .
          
           
             Coke
             1.
             
          
           
             Inst
             .
             
               l.
               2.
               c.
            
             1.
             
          
           
             Cowell
             .
          
           
             Inst
             .
             Jur.
             
               l.
               2.
               tit
            
             .
             2.
             
          
           
             Descrip
             .
          
           
             Jur.
             tempor
             .
             juxta
             consuet
             .
          
           
             Feudales
             pars
             1.
             
             §
             2.
             
          
           
             
             Calvin's
             Case
             .
          
           
             In
             v.
             Homagium
             .
          
           
             Mol.
             ibid.
             Glo.
             3.
             
          
           
             Calvin
             
               's
               Case
            
             .
          
           
             In
             v.
             Ligeantia
             .
          
           
             Page
             4
             ,
             5.
             
          
           
             Feud
             .
             l.
             2.
             
             〈…〉
             .
             7.
             
          
           
             Ibid.
             tit
             .
             6.
             
          
           
             Disp
             .
             de
             Feud
             .
             c.
             4.
             
          
           
             *
             Feud
             .
             l.
             2.
             tit
             .
             28.
             
             Domino
             Guerram
             faciente
             alicui
             ,
             si
             sciatur
             quod
             justè
             ,
             aut
             cùm
             dubitatur
             ,
             Vassallus
             eum
             adjuvare
             tenetur
             :
             sed
             cùm
             palàm
             est
             ,
             quod
             irratimab●liter
             eam
             facir
             ,
             adjuvet
             cum
             ad
             ejus
             defersionem
             ,
             ad
             offendendum
             vero
             alium
             non
             adjuvet
             ,
             si
             vult
             .
          
           
             Feud
             .
             l.
             2.
             tit
             .
             28.
             
          
           
             Lib.
             9.
             
          
           
             cap.
             1.
             
          
           
             1.
             
             Inst
             .
             l.
             2.
             c.
             1.
             
          
           
             In
             v.
             Ligii
             .
          
           
             L.
             3.
             p.
             207.
             
          
           
             De
             Exp.
             
          
           
             Voc.
             in
             v.
             Lige
             .
          
           
             Feud
             .
             Declar
             .
             ante
             Lib.
             Feud
             .
          
           
             Fleta
             ibid.
             
          
           
             In
             v
             Ligeanti
             〈…〉
             l.
             9.
             c.
             1.
             
          
           
             Lamb.
             Col.
             
          
           
             Stat.
             58.
             
          
           
             R.
             Guliel
             .
          
           
             De
             ver
             .
          
           
             Feud
             .
             
               in
               v.
            
             
          
           
             Fidelitas
             .
          
           
             c.
             24.
             
          
           
             Tho
             Manly
             .
          
           
             *
             Ligeantiae
             est
             ,
             ex
             quâ
             Domino
             tenentur
             Vassalli
             sui
             contra
             omnes
             homines
             qui
             mori
             possunt
             ,
             &
             vivere
             ;
             proprii
             corporis
             praebere
             ,
             consilii
             &
             auxilii
             Juvamentum
             ;
             &
             ei
             se
             in
             omnibus
             innocuos
             exhibere
             ,
             nec
             ei
             adversantium
             partem
             in
             aliquo
             confovere
             .
          
           
             Spelman
             in
             v.
             
               Fidelitas
               ,
               p.
            
             225.
             
          
           
             So
             also
             ,
             7
             
               Ed.
               1.
               11
               
               H.
            
             7.
             c.
             1.
             
          
           
             Calvin's
             Case
             .
          
           
             
               Lamb.
               Leg
            
             ,
             E.
             l.
             Conf.
             c.
             35
             ▪
             
          
           
             Ft
             apud
             Spelman
             in
             v.
             Fidelitas
             
          
           
             Stat.
             52.
             ibid.
             
          
           
             Calvin's
             Case
             .
          
           
             Cowel
             Inst
             .
             1.
             2.
             tit
             .
             3.
             
          
           
             Sect.
             14.
             
          
           
             Ibid.
             
          
           
             Ibid.
             
          
           
             His
             Works
             ,
             p.
             71.
             
          
           
             Ibid
             p.
             16.
             
          
           
             Procl
             against
             Levying
             Forces
             .
          
           
             Ibid
             p.
             22.
             
          
           
             C.
             12.
             n.
             96.
             
          
           
             Calvin
             〈…〉
             Case
             ▪
             
          
           
             As
             Coke
             ,
             Spelman
             ,
             Jenkins
             ,
             Vaughan
             .
          
           
             *
             Tertull.
             Apol.
             c.
             32.
             
             Nos
             Judicium
             Dei
             suspicimus
             in
             Imperatoribus
             ,
             qui
             Gentibus
             illos
             praefecit
             ,
             id
             enim
             in
             eis
             scimus
             esse
             quod
             Deus
             voluit
             ,
             ideoque
             &
             salvum
             ipsum
             esse
             volumus
             ,
             quod
             Deus
             voluit
             .
          
           
             The
             Case
             of
             the
             Engagement
             .
          
           
             Calvin
             '
             
               s
               Case
            
             .
          
           
             *
             
               Prael
               .
               5.
               
               S.
            
             20.
             
             Regni
             Invasori
             sic
             praestandum
             est
             obsequium
             ,
             ut
             Fidelitas
             legitimo
             haeredi
             debita
             nullatenus
             violetur
             .
             
               So
               also
               in
               the
               Case
               of
               Engagement
               ,
               and
               his
               Censure
               upon
            
             Ascham
             .
          
           
             Comment
             .
             in
             Tit.
             5.
             lib.
             2.
             de
             Feud
             .
          
           
             *
             
               Car.
               Mol.
               tit
               .
               1.
               de
            
             Fises
             .
             
               s
               .
               3.
               
               Glo.
            
             4.
             
             Non
             requiritur
             certa
             Jurandi
             formula
             ,
             sed
             sufficit
             simplicibus
             verbis
             Jurare
             ;
             put
             à
             Juro
             fidelitatem
             Clientelarem
             ,
             vel
             facio
             Fidem
             &
             Homagium
             sub
             Sacramento
             Fidelitatis
             ;
             nec
             est
             necesse
             sigillatim
             exprimere
             Capitula
             Fidelitatis
             ,
             quia
             satis
             subintelligitur
             per
             tacitam
             relationem
             ad
             ea
             ,
             quae
             de
             Jure
             &
             Consuetudine
             Feudorum
             debentur
             .
          
           
             Des
             .
             jur
             .
             temp
             .
             Sec.
             Consuet
             Feudales
             Pars
             1.
             
             Sect.
             9.
             
          
           
             
               V.
               Comber
            
             upon
             the
             Litargy
             .
             p.
             242.
             
          
           
             Tertull.
             
          
           
             Apol.
             c.
             30.
             
          
           
             Dr
             Taylor
             
               Ductor
               dubit
            
             .
             p.
             123.
             
             Suarez
             
               de
               leg
            
             .
             p.
             190.
             n.
             7.
             
          
           
             Taylor
             ibidem
             .
          
           
             Suarez
             .
             p.
             418.
             
          
           
             De
             Jur.
             ob
             ▪
             
          
           
             Pr●el
             .
             2.
             
          
           
             S.
             9.
             
          
           
             *
             Dr.
             Sanderson
             ,
             ib.
             Quod
             gravissimum
             Crimen
             sine
             dubio
             in
             nos
             admittimus
             ,
             si
             nos
             forte
             fallat
             benignior
             Interpretatio
             ,
             quae
             nobis
             jurandi
             fecit
             audaciam
             ,
          
           
             *
             
               Id.
               Prael
               6.
               
               S.
            
             10.
             
             Sanè
             ut
             inter
             jurandum
             omnia
             rectè
             fiant
             ,
             expedit
             ut
             de
             verborum
             sensu
             inter
             omnes
             Partes
             quarum
             interest
             liquido
             constet
             ;
             id
             quod
             liquidò
             jurare
             veteribus
             dictum
             est
             .
             —
             Et
             ex
             veteri
             formula
             juraturo
             à
             deferente
             juramentum
             dici
             solitum
             est
             ;
             Quâ
             de
             re
             peto
             liquido
             Jures
             .
          
        
      
    
  

