State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

Object. 9. But it is against true Allegiance, and an Oath must be kept though it be to our own hurt.

Answ. True Allegiance must be proportioned to the Frame of the Government, and the end of that Frame. Therefore if the Frame be to restrain Arbitrary Power, the Subject cannot owe Arbitraty Allegiance. Allegiance is more in some Places and less in others; but no Man can owe so much Duty to his Prince, as not to have a Salvo for God and his Life; and here we can owe none that is against our Laws and the Pub∣lick Good, for that would destroy the Government. Our Allegiance therefore must be bounded by our Laws, and not by the King's Word, or Will: No Man can swear to obey the King's Word or Will simply, but according to Law. It would be Sin to tye our selves to think, or speak, or do, what he would have us at large. Our Allegiance therefore must be such as will consist with the Frame of our Government, and that must be such as is couched in the Body of our Laws. Other Allegiance there can be none, but what is wrapt up in Courtesies and Formalities. For it seems the King, as well as the People, is under the Law in some Sense, under the direction of it, though not under the constraint; and therefore at his Coronation, he does a kind of Fealty to the Laws and Government, and swears Allegiance to them, as to a Supream Lord. The Oath is not only, Will you grant the Laws, but will you grant and keep the Laws and Customs of England; and the Answer is, I grant and promise to keep them. It is cer∣tain therefore, no Allegiance to the King can be against Law, to which he himself owes Allegiance.

The Case being thus far clear, That the Allegiance sworn to, is no other but our Legal Duty; it does not hinder but that we may resist illegal Force. When the King of the Scots swore allegiance to our King, it did not deprive him of a just defence of his just Right, by taking up arms if he were opprest. And the King of England when he swore allegiance to the King of France, made no scruple to take up arms against his Liege Lord, in defence of his just Rights: And the Old Lawyers tell us, That the very Villain might in case of Rape and Murther arm against his Lord; and if the Law arm a Villain against his Lord, Subjects are worse than Villains, if they may not arm against their Soveraign Lord's illegal Forces, in defence of their Laws, Lives, Estates, and the publick good; but what makes it most evident is the Clause in King Henry's Charter, which says, If the King invade those Rights, it is Lawful for the Kingdom to rise against him, and do him what injury they can, as though they owed him no Allegiance; The Words are these (if my Author fail me not) Licet omnibus de Regno nostro, contra nos insurgere, & omnia agere quae gravamen noster respiciant, ac si nobis in nullo tenerentur. Much to the same purpose is in King John's Charter, which I find thus quoted. Et Illi Barones, cum communa totius terrae, distringent & gravabunt Nos. Modis omnibus quibus poterunt; scilicet per captionem Castrorum, terrarum, possessionum, etalis modis quibus potuerint, donet fuerint emendatum, secundum Arbitrium eorum, salva persona nostra & Reginae nostrae & Liberorum nostrorum. Much may be said of this Nature about the Old Allegiance, which was all couched in Homage and Fealty; but this is enough to show that true Allegiance does not tye us from resisting illegal Force, and Intolerable Incroachments upon our just Rights.