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A49115 A full answer to all the popular objections that have yet appear'd, for not taking the oath of allegiance to their present Majesties particularly offer'd to the consideration of all such of the divines of the Church of England (and others) as are yet unsatisfied : shewing, both from Scripture and the laws of the land, the reasonableness thereof, and the ruining consequences, both to the nation and themselves, if not complied with / by a divine of the Church of England, and author of a late treatise entituled, A resolution of certain queries, concerning submission to the present government. Long, Thomas, 1621-1707. 1689 (1689) Wing L2967; ESTC R19546 65,688 90

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he was a very wise man and well acquainted with the Constitution of the Roman Government for by the Lew Regia granted by the Senate to Augustus it was declared Quicquid per Epistolum statuit cognoscons decrevit aut pro edictum perpala●it L●● esto And Cicero De Legibus Regio Imperio duo sunto Militiae summum jus habento nemini parento So Dion of Augustus That he was free and of Absolute Authority both over himself and over the Laws for the Emperour is a Living Law and commands as much by word as the Law doth by writing But we are not under the Laws of the Romans Turks or Tartars And if God should for our sins now or had he in the late King's raign permitted the French King to invade us with his Dragoons I doubt not but we might Vim vi repellere resist his Tyranny and Usurpation And as to the Protestants under Q. Mary none of them were put to death until she had procured a Parliament to make Laws against them and then it was their Duty to submit And we are bound with all thankfulness to bless God who prevented the late King from procuring such a Parliament and such Sanguinary Laws which he had well nigh effected to the Extirpation of our Religion Laws and Liberties and fastning those heavy Yoaks of Popery and Slavery on us and the Posterities that were to succeed us This was the Lord's doing and as it is marvellous in our eyes so it ought with all humble thankfulness to be acknowledg'd and accepted But it is objected from Sir E. Cooke That the Regal Authority is so inherent in the person of the King that no separation can be made so that as long as he lives our Allegiance is due to him and to no other Ans Whatever that great Lawyer says the Law says otherwise for even while a rightful Prince is in possession the Law makes a difference between his private and his publick Capacity and as while the King acts by the Laws we owe him our Obedience so in those things wherein he acts arbitrarily by his own Will contrary to Law our Allegiance is not due in such cases Object We are sworn to the King and to his lawful Heirs and Successors now as the King while he lives can have no Heir to whom in his life time we owe our sworn Allegiance so when he dies there can be no lawful Successor but the Heir if there be any that survives Ans In the sence of the Oath there can be no Heir till the death of the King and in our case there is no obligation due from our Oaths to the Heir until he or she be actually King or Queen of England as our Law expounds itself And when the King dies in a natural or civil and political sence by deserting his Government and going over to an avowed Enemy to the Nation their Religion and Liberties or hath submitted his Kingdom to the Usurpations of the Pope and so renders himself not only as useless as if he were buried in a Cloyster but as destructive as an open Enemy there is in such cases a Demise made of the Crown and it descends to the Heir 2ly In this case if he that is not the next Heir by Bloud be by the unanimous consent of the people as well as by the good liking of the lawful Heir chosen and admitted into the actual possession of the Government all Rights that were due to the Heir become due to such a Successor in the eye of the Law So Bracton determins it Heredis verbo omnes significari successores si verbis non sint expressi So Littleton in his Tenures Title of Homage Sect. 85. Allegiance is due to every one in possession that becomes King and to no other Judge Popham in his Reports f. 16 17. mentions a Case to this purpose Richard the Third granted certain Priviledges to the City of Glocester with a Salvo to his Heirs in Q. Elizabeth's reign it was questioned whether the Salvo did pass to her she being not Heir to King Richard but Successor onely and all the Judges did resolve that the Salvo did pass to the Queen Grotius l. 2. c. 9. s 8 9. If a King dye without Issue in an Hereditary Kingdom the Empire remains in the Body of the People who may create another and limit him the People being sui Juris Now in such a case a Convention of the People duly assembled in their Representatives is the most August Assembly even beyond a Parliament for to be able to make a King is more than to be a King and as the Original of Majesty is fundamentally in the people a Parliament hath a great dependance on the King being his Subjects the Convention is Absolute and Independent it makes bounds for the Monarch and whereas one Parliament may repeal the Acts of another a Parliament cannot alter the fundamental Constitutions of a Convention when it first constitutes a Monarchy And this hath been the most ancient manner in cases of great Necessity the people assembled in a Folke mote in the several Counties and chose their Wittena Gemote or Meeting of Wisemen Object The King was forced to leave his Kingdom his Subjects failing to assist him against the Invaders Ans The question that comes here to be considered i● Whether the Kings departure were voluntary or forced It is certain that the actions of reasonable men are generally influenced by the proposed end for Omnes beati esse volunt nec possunt velle contrarium as all men desire to be happy so they cannot will any thing which they conceive to have a tendency to the contrary These two are generally the Originals of Humane actions viz. Necessity and Choice and Necessity is either that which we draw on ourselves or is imposed on us by others Pharaoh's Oppression of Israel was at first voluntary while he hardned his heart against the Command of God but when God gave him up to that hardness of heart though the execution of what he did became necessary yet the principle that led him to it was voluntarily espoused 'T is a Rule given by Rainaudus a good Casuist Modo preluceat notitia absit coactio intervenit voluntarium Where the understanding is satisfied concerning any design and there be no force to withhold the prosecution of it there our actions are voluntary The end which the late King had long endeavoured and with too much success had by many means well nigh effected was to make Popery the established Religion of the Nation He declared his desire that all his Subjects were of the same perswasion with himself and his actions tended to make them such and doubtless he was not willing to have all his labours frustrated when therefore he was reduced to some straits being such as he wilfully brought on himself he could not properly be said to act by constraint But this was not the King's case that he did deliberate whether to go
the Parliament the King of France would assist him with his Power and Purse to have such a new one as would be for their purpose which was the subduing of a pestelent Heresie that had domineer'd over a great part of the Northern World a long time of which there were never such hopes of success since the death of Queen Mary God having given us a Prince who is become I may say to a Miracle zealous of being the Author and Instrument of so glorious a Work. See the Collection of Letters p. 118. So that by what was designed by the Duke and French King and hath since been jointly and vigorously acted we have full assurance of a League with France for our utter ruin and they are Fools or Mad-men that having such clear light and experience to guide them will suffer themselves to be blindfolded a second time and be led to destruction So that what Joab said to David is much more applicable in our Case Thou lovedst thine enemies and hatedst thy friends for thou hast declared this day that thou regardest neither the Prince nor his Servants for this day I perceive that if the King had prevailed and all they had died then it had pleased thee well So fond was David of his Absolom 2 Sam. 19.6 It is not necessary that abdication of an Office should alway be an act of the will. Lentulus is said to abdicate the Consulship because he could hold it no longer having been one of the Conspirators with Gatiline And Silla abdicated the dictatorship thinking to find a better opportunity be to revenged on his enemies And Dioclesian left the Empire because he could not effect his will against the Christians These were mixt actions partly through constraint and partly voluntary yet were accounted abdications And our King had involved us in so many miseries that nothing but his desertion of us or our opposing of him could deliver us God prevented the latter and the King granted the former Pufendorf de interregno p. 272. determines that if a King abdicates the peace of his Kingdom and be of an hostile mind or departs from the Rules of governing which he expresseth thus Modum habendi potestatem immutare that then the ground of the Subjects obedience is made void And in the Digests l. 49. Tital 15. de Capt. we have this Maxim Qui fuget ad eos cum quibus nulla est amicitia à fide suscepta transfugit and that the late King hath so done is an evident truth And it is as true that to desert a Government rather than to keep it on just and legal terms is to abdicate it for an abdication may be as expresly signified by real deeds as by any form of words whatsoever As to the League with France for making King James as Absolute as King Lewis and inable him notwithstanding his Oaths and Publick Declarations to the contrary to extirpate the Protestant Religion there wants not sufficient evidence of the endeavours of the Court of France for many years together by correspondence with the late K. while he was Duke of York and assum'd on him the chief administration of Publick Affairs Nor of a too fond if not a willing compliance of Charles the Second to that end Some wise men have thought that the great Revenues granted to the Crown the declaring the Militia to be wholly in the King the binding up not only the Subjects but the Parliament by Oaths and Declarations not to resist the King or those that were commissioned by him on any pretence or cause whatsoever by vertue whereof an hundred Irish or French might have come into the House of Parliament and out all their Throats and they not have dared to draw a Sword in their own defence all which things were against or as far besides the Laws of the Land as of Reason and Common Prudence for doubtless had it been proposed whether those Laws might have been so interpreted they would speedily have made an alteration in them All these I say have been observed by wise men to have been the designs of such as designed to introduce an Arbitrary Government and facilitate the bringing in of Popery though they that acted did not intend to serve the ends either of France or the Crown of England so far On this Errand was the Dutchess of Orleance some years since sent into England to assure Charles the Second of the Assistance of the King of France in reducing the Parliament to the King's pleasure to this end were Tolerations and Indulgences granted French Whores admitted with great power and pomp and all things so well prepared though more slowly and secretly in the Reign of Charles the Second that there wanted nothing but James the Second's ascending the Throne to give a Consummatum est to that design of bringing in both Popery and Slavery upon us And that being effected too soon alas for England then notwithstanding the Coronation-Oath the many Publick Protestations to maintain the Church of England and the Protestant Religion and of whose Loyalty he was well satisfied and that he never desired to be more great and happy than he might be by the established Laws yet all these were forgotten and trampled under foot Jesuits and Papists being admitted at Court and into the Privy-Council the King's Conscience submitted to their Conduct the Pope's Nuncio publickly entertained and feasted at the Guild-hall an Embassador sent to Rome Popish Bishops set up with power of Jurisdiction Protestant Bishops put into the Tower the Nobles closetted and such as would not comply to betray their Religion and Country were turn'd out of all the chief Offices by Sea and Land and others put into their room and in all places of Judicature Judges and Juries were adapted for the prosecution of that design there wanted only a complying Parliament and to that end Quo Warranto's were issued out against the Charters and alterations made in them fit for that design Addresses were procured for taking off the Test and Penal Laws i. e. for introducing of Popery by Law an Army of Irish Papists brought in and another prepared in France So that our destruction was much nearer than we believed Monsieur D'Avaux Embassador for the King of France in Holland in his Memorial told the Estates that the Friendship and Alliance between his Master and the King of England did oblige him to assist the King of England and to look on the first act of Hostility by Sea or Land as a Rupture of Peace Coleman's Letters spake to the same effect and the event hath demonstrated the truth of all that was thought to be but groundless fears and jealousies for on the approach of the Prince of Orange these dark mists vanish'd the Nation awaked out of their deep slumber and resum'd their ancient valour and resolution to defend their Religion Laws and Liberties against Popery and Arbitrary Government which seized on us as an armed man. And he that doth not now