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A49117 The historian vnmask'd, or, Some reflections on the late History of passive obedience wherein the doctrine of passive-obedience and non-resistance is truly stated and asserted / by one of those divines, whom the historian hath reflected upon in that book ; and late author of the resolutions of several queries, concerning submission to the present government : as also of an answer to all the popular objections, against the taking the oath of allegiance to their present majesties. Long, Thomas, 1621-1707. 1689 (1689) Wing L2969; ESTC R9209 38,808 69

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says the same of the Empire That Caesar is bound by the Laws And Bodine concerning France Principem contra leges nihil posse rescriptis ejus nullam rationem haberi debere nisi aequitate perinde ac veritati consentanum sint The Historian may be satisfied from these Men that much more than hath been practised by our Nation hath its Approbation in such a Case as we were reduced to But to return home that saying of King James is very memorable That the King is for the Common-wealth and not the Common wealth for the King. Albericus Gentilis Professor of Civil Law saith That he that would keep himself out of danger must meet and prevent it which is a point of greater Wisdom and Courage than to expect it and revenge it If our Adversary have declared his Will and is preparing a Power to hurt us we may not tarry to receive the first blow but anticipate the Evil as Gladiators do Yea it hath been always the Practice to put a stop to the Ambition of great Monarchs who have unjustly invaded one Man's Dominions lest he should attempt others hence the Princes of Christendom have been careful to preserve an equal Pallance between growing Empires Thus Baldus says It is a fault to omit the defence of another but of our selves a treachery And Siracide Eccles 4. Free him to whom Injury is done out of the hand of the injurious And Constantine says We ought to account of the Injuries done to others as our own Thus Justine answered the Persians That he ought to defend the Christians whom they would compel to forsake their Religion And Queen Elizabeth defended the Hollanders against the Spaniards who if they had broken down that Pale of Religion as Lipsius calls it would have extended their Tyranny farther King Charles the First in answer to the Nineteen Propositions says The Lords being trusted with Judicatory Power are an excellent skreen between the Prince and the People by just Judgment to preserve the Law Therefore the Power legally placed in Both Houses is more than sufficient to prevent and restrain the power of Tyranny Dr. Ferne pleading his Cause grants That personal Defence against the sudden Assaults of the King's Messengers if illegal tho' the King be present is lawful even to warding off the King's blows and to restrain him and to preserve the innocent Peter Martyr on Rom. 13. We may not anxiously dispute by what Right or Wrong Princes have obtained their Power but rather make it our business to obey the present Magistrates Judge Vaughan In Cases that depend on Fundamental Principles Millions of Presidents to the contrary are to no purpose Judge Jenkins says We hold only what the Law holds the King's Prerogative and the Peoples Liberties are both determined by Law. And so King Charles the First 's Declaration at York says That his Prerogatives are built on the Laws of the Land And when the Parliament would have him grant an extraordinary Power to some Lords-Lieutenants he tells them If they would have him grant more Power than by the Law of the Land was in him it was fit that the same should by some Law be first vested in him with full Power to transfer the same The same Judge Jenkins speaking of the Oath of Supremacy says We do not swear that the King is above all Laws nor above the safety of the People but his Majesty and we will swear to the contrary The Law and the Safety of the People are the King's Honour and Safety and Strength And when Hobbs extended the Power of the Prince above the Law the Earl of Clarendon answers That in dangerous Circumstances Men are not to resort so much to the Words of Submission as to the Intention of the Law Givers which could not be that the Prince should have Power to take away the Lives of his innocent Subjects nor could such a Submission be ever supposed to be the mind of the Contractors This may serve in answer to the Declaration That it is not lawful on any pretence whatsoever c. which was past the House not without great opposition by a mercinary Party of Pensioners and was destructive of many ancient Laws and an alteration of the Government making it absolute and in itself null For as Sherringham who learnedly defended Charles the First says Those Laws which are made for the benefit of the Prince and People are Fundamental and Foundations cannot be altered without the Ruine of the whole Building If therefore that Declaration or any other Act is contrary to the Fundamental Laws it is invalid And now we come to that Declaration of the Lords and Commons who as it became the Masters of the Assembly have fixed our Government as a Nail in a sure place They found us as Sheep without a Shepherd and in the midst of many grievous Wolves ready to devour both them and us they considered that the late King had exercised a Power of suspending Laws committed the Bishops for Petitioning to be excused from concurring to that Power That he erected a Court for Ecclesiastical Causes by Commissioners Levied Money without Consent of Parliament kept up a Standing Army disarmed Protestants and armed Papists and Quartered them contrary to Law violated the Elections of Parliament broke the Seal or cast it away and deserted the Government and Kingdom and did thereupon declare that he had abdicated the Kingdom and left the Throne vacant they being assembled in Parliamentary manner did for the Redress of those Grievances other means being denyed them as their Ancestors had done in like Cases declare the Prince and Princes of Orange to be King and Queen of England c. And appointed the present Oath to be taken instead of the Oaths of Supremacy and Allegiance which Methods have been taken in the like Cases by all Nations as well as our own And I know not what Authority or Reason should determine our Judgments if these cannot for let us suppose that the late King at his departure whetherit were forced or voluntary had left behind him in Writing under his own hand a Declaration to the following effect which consisting of undeniable Matter of Fact is no less Authentick We do declare to all the World That the the Church of England as by Law Established hath on all occasions signally manifested all due Loyalty to Our Royal Father and Brother as well as to Our self particularly in opposing the Bill for Excluding Us from the Throne and assisting Us in suppressing the Rebellion of Monmouth for which Reasons we thought fit and just at Our coming to the Crown solemnly to declare Our Royal Intention to support and defend it in all its Rights and confirmed our Declaration by our Coronation-Oath but having wholly devoted Our Self to the Romish Religion and Papal Authority We were absolutely resigned to the Conduct of such as by that Authority were appointed to Counsel and Direct Us who having convinced Us of a Power to