Oaths I confess are very strong Ties upon Men of Conscience, and they are to be tenderly dealt with until that Prejudice be removed; give me leave therefore with Sobriety and Meekness to enquire, Whether that Oath be still in Force, with the Obligation to it? if not, that Plea must vanish and disappear.
And here first, let me remind you of the occasion of imposing the Oath of Allegiance; it was injoyn'd to distinguish betwixt Church and Court, Loyal and Disloyal Papists, upon that horrid Gun∣powder-Treason, which hath left a Stain of Villany and Cruelty upon that Religion, never to be wiped off: Read over the Anatomy of that Oath, made by K. James the First in his Book of the Defence of it; And what is there in it that can stick upon any Protestant? except that Clause of denying all Foreign Jurisdiction, Prince, or Poten∣tate: And this you seem'd to hint at, when you said the Prince of Orange was a Foreign Prince.
Will you be pleased in answer to this, to fix your Thoughts upon that of the great Apostle St. Paul, he is excepted that put all things under him. So here, without Question, the King may divest him∣self of all Authority and Power, and when this is done the Obliga∣tion ceaseth, as if he were really Dead. The Preface to the New Oath is not an authoritative Abdication; but rather a Declaration of Matter of Fact, that the late King James hath abdicated. So that in fine the main of the Controversy lies here, Whether the late King did abdicate? For, if he did, without all Question the Obligation of all Oaths taken unto him is ceased. In confirmation of the Af∣firmative, I shall endeavour to make it clear that any King may, And secondly, That the late King did abdicate.
That Kings may denude themselves of their Princely Power and Sovereignty, appears from what was done by Charles the Fifth, Emperor of Germany, and King of Spain at the same time, who did abdicate both; and his Subjects took new Oaths of Fealty to other Princes. Some of those Times might question his Courage, but none did ever except against the Validity of it.
May it not seem something unjust to deny this Liberty to Princes, when they find themselves overcharged with the Weight of Govern∣ment, to retire into a Privacy for the better enjoyment of their in∣ward Peace and Quiet? But I presume no Man will deny this Hypo∣thesis. It remains to prove the Thesis, That the late King did abdicate.