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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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and granted Commissions in the King's Name And the Case of the present Irish comes home to the point who being invaded by the French pretending Commissions from the late King James who now acts under them may undoubtedly defend themselves by Arms. Mr. Faulkner pleaded the Case of Non-Resistance as far as any yet p. 542. he considers this Case If the Supreme Governour should according to his own Pleasure and contrary to the Established Laws and his Subjects Property actually ingage upon the destroying and ruining a considerable part of his People whether they might defend themselves by taking Arms And he instanceth in the Parisian Massacree where about 100000 were slain in cold Blood most of which were innocent persons never accused or tryed by Law which he says is such a Cruelty as can hardly be parallel'd under Mahometism And he grants if ever such a Case should happen it would have great difficulties Grotius says he thinks That in this utmost extremity the use of such Defence U●timo necessitatis praesidio is not to be condemned provided the Common Safety be preserved Which may be true says he because such Attempts of ruining do ipso facto disclaim the Governing those Persons as Subjects i. e. according to Law and consequently of being their Prince or King. And so the Expressions in the Declaration That it is not lawful on any Pretence whatsoever c. would be secured And p. 529. he quotes Barclay l. 3. c. 16 Se omni principatu dominatu exuit atque ipso jure sine ipso facto Rex esse desiit l. 6. c. 23. With whom he joyns Grotius l. 1. c. 4. n. 11. Si Rex vere Hostili animo exitium totus populi feratur To resist such a one is not to resist the King but him who ceaseth to be such and his Reason is Consistere simul non possunt voluntas imperandi voluntas perdendi quare qui se hostem totius populi profitetur to ipso abdicat regnum And p. 531. Mr. Faulkner says That on yielding such Suppositions to be true I shall grant the Answer to be true The Historian is much troubled how to evade the Judgment of Bishop Bilson which he delivers in these two passages among other The first is in p. 520. If a Prince submit his Kingdom to a Forreiguer or change the Form of the Common-wealth or neglecting the Laws Established by common consent or execute his own pleasure the Lords and Commons may joyn to defend the Laws Established The other is where he speaks of the Roman Cruelties Which are such saith he as are able to set good Men at their Wits end and make them justly doubt since you refuse all good Laws Divine and Humane whether by the Law of Nature they may not defend themselves against such barbarous Blood-suckers To these passages the Historian acting the part of a Disputant replies That this is but one Doctors Opinion contrary to the Doctrine of the Church Which is apparently false for both the Parliament and Convocation gave ready and liberal Contributions to assist the Queen in the Wars of Holland against the Spaniards at that time of which I have spoken already 2. He says Bilson was not infallible for he was deceived in other things Answ And most probably he was so when he wrote contrary to those passages which were approved by all Protestants abroad as well as by our own Nation 3. He would invalidate the Judgment of Bilson by the Censure of Charles the First in these words I remember well what Opinion my Father King James had of him for these Opinions and how he shewed him some Favour in hope of a Recantation but whether he did or not I cannot say Answ King James was of the same Opinion as to the Wars against the Spaniards and so was King Charles in the Case mentioned by our Historian viz. His assisting the Protestants of Rochel under the Oppressions of Lewis the Thirteenth And it is improbable that he would ever Recant that Opinion wherein the whole Nation and the two succeeding King's did agree For the Historian says 4ly That Bilson's Book was written when the Queen was assisting the Dutch against her and their Common Enemy Answ The War then was undoubtedly lawful and the Bishop's Determination seemed sound as to that War but the Historian may see that he applies his Opinion to the English Government when in the Cases mentioned by him viz. If a Prince submit his Kingdom to a Forreigner or change the Form of the Common-wealth or neglect the Laws and execute his own Pleasure the Lords and Commons may in such Cases defend the Laws Established and therefore it is very unlikely that he was hired to write only in justification of the Wars of Holland And if our Constitution be founded on a Compact there is no difference But 5ly he says If the Bishops Opinion be contrary to that of Christ and his Apostles we ought to renounce it As if the Bishop had not considered that the Gospel doth no where abridge the Civil Constitutions of particular Governments and that it requires subjection to the powers that are in being But he objects again That the Presbyterian made very dangerous use of that Book against King Charles the First Answ They were therein inexcusable by seeking to justifie a Rebellion against so good a Prince by what was chiefly intended against the Spanish Usurpations and Cruelties who invaded all their Priviledges Sacred and Civil contrary to Agreement introduced the Inquisition slighted all Petitions and barbarously Murthered some Hundreds of Thousands which much altered the Case against so pious and merciful a Prince And lastly That which that Bishop says doth not concern the Clergy of England who always did and are still resolved to maintain and practice the Doctrine of Non-Resistance for to that the Bishop applys his Discourse in which the Divines whom the Historian accuseth have not transgressed But to go on with the Historians Preface some affirm saith he That the Tenet was no older than Archbishop Laud and was introduced by a few Court Bishops for the attainment and establishing of their own grandeur To which I answer It must be acknowledged that in Bishop Lauds time this Doctrine was scrued up to the highest and frequently urged and with great reason the people being prepared for a Rebellion against the best of Kings and had the Doctrine of Non-Resistance been so well practised as it was prest the effusion of that Deluge of Blood might have been stopped but even then there was an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and more than what was due was demanded that the people might not yield less which that ancient Rule Iniquum petas ut aequum feras might justifie Yet the Doctrine of Sibthorp and Manwaring who would have raised the Prerogative to an Absolute Power as Cartwright and Parker of later days did also attempt hath been generally exploded by all sober Divines and Statesmen and yet the design of
One King to Reign over them to Govern the People of God and to maintain the Christian Faith and defend their Goods and Persons in quiet by the Rules of Right and to be obedient to the Rules of Right if he did not so he should lose the Name of a King. Old Fleta speaking of the King's Oath says The King by Vertue of his Oath is especially obliged to the preservation of the Laws and he is therefore Crowned that he may Rule the People committed to him per Judicia by the Laws 15 Edw. 3. Stat. 1. We considering how by the Bond of our Oath we are bound to the observance and defence of the Laws and Customs of the Realm c. And 20 Edw. 3. Mo●e at large the King declares We perceiving that the Law of the Land which we by our Oath are bound to maintain is less well kept and the execution of the same disturbed we greatly moved in Conscience in this matter desiring as much for the pleasure of God and ease of our Subjects as to save our Conscience and to keep our said Oath c. The like is in the Statute of Provisors King James told his Parliament the same March 21. 1609. That the King is bound by a double Oath to preserve the Laws tacitly as being King and so bound to protect his People and the Laws and expresly by his Coronation-Oath So as every just King is bound to observe that Paction made with his People by his Laws framing the Government thereunto And a King leaves to be a King. and degenerates into a Tyrant as soon as he leaves off to Govern by Law in which case the King's Conscience may speak to him as the poor Woman to Philip of Macedon Either Govern according to Law or cease to be King. And else-where he says If he should not keep the Laws to which he was Sworn he should be perjured But I proceed to the Statute of 11 H. 7. That from thence-forth no Person attending on the King for the time being and doing him true and faithful Service of Allegiance in his Wars should in any-wise be Convict or Attaint of High Treason nor of other Offence for that cause but to be for that Service utterly discharged of any vexation trouble or loss The Lord Bacon p. 144. Hist of Hen. 7. gives a Reason of this Law as agreeable with Reason of State that the Subject should not enquire of the justness of the King's Title or Quarrel And it was agreeable to good Conscience that whatever the Fortune of the King were the Subject should not suffer for his Obedience The Spirit of this Law saith he was wonderful Pious and Noble being like in matter of War to the Spirit of David in matter of the Plague who said If I have finned strike me but what have these Sheep done Neither wanted this Law parts of Prudence and deep fore-sight for it did the better take away from the People occasion to busie themselves to pry into the King's Title for that however it fell out their Safety was provided for besides it could not but greatly draw to him the love and hearts of the People because he seemed more careful for them than for himself To this purpose the Lord Cook p. 7. of his third Book of Institutes speaking of Treason says That the Act for Treason is to be understood of a King in Possession of the Crown and Kingdom for if there be a King Regnant in Possession although he be de Facto only and not de Jure yet is he within the purview of this Statute and the other which hath Right and is out of Possession is not within this Statute And if Treason be committed against a King de Facto and not de Jure and afterwards the King de Jure cometh to the Crown he shall punish the Treason against the King de Facto and a Pardon granted by the King de Jure that is not also King de Facto is void It is the Opinion of Lawyers That Melior est conditio possidentis And Judge Hales gives the same sense of that Statute in his Remarks on the Pleas of the Crown Chap. of Treason The Lord Cook says 'T is against all Reason that the King 's Politick Capacity may not be separated from his Personal seeing his private Will is distinct from his publick Will exprest in the Law. Littleton in his Tenures Title of Homage Sect. 85. says Allegiance is due to every one in Possession that becomes King and to no other And Judge Popham in his Reports fol. 16 17. mentioneth a Case to our purpose Richard the Third granted certain Priviledges to the City of Gloucester with a Salvo to him and his Heirs And in Queen Elizabeth's days it was questioned whether the Salvo did pass to her she not being Heir to King Richard and all the Judges did Resolve that the Salvo did pass to her Sir Edward Cook in his Institutes on Magna Charta alloweth That the King hath no Power over the Militia to Muster his Subjects but only in such cases and manner as the Parliament by special Acts hath prescribed And p. 147. That the Right of Electing Sheriffs was anciently in the People as in London York Bristol c. So the Heretochs or Lord-Lieutenants in every County were chosen by a Folkmote in their Counties Lambard Arch. p. 135. And Spelman on the word Legiantia says it is Archius vinculum inter principem subdites It would be tedious to relate all that Grotius hath said though very pertinently and rationally I shall name a few of such Observations as come home to our Case l. 1. c. 4. § 7. n. 3. It is to be observed that Men did not at first unite in Civil Communities by any Command from God but voluntarily and from the experience they had that private Families were unable to resist Foreign Force from hence grew Civil Power which St. Peter calls a Humane Ordinance though elsewhere it be called a Divine because God approved it as convenient for the good of Mankind but when God approves of a Humane Law he must be supposed to do it after a Humane manner L. 2. c. 14. § 4. That Promises fully made and accepted do naturally transfer a Right and this holds as well in Kings as in private Persons L. 2. c. 13. n. 16. If a Promise confirmed by Oath be grounded on a Condition whereto it related that Condition not being performed makes the Promise void or if the Quality of the Person cease the Oath sworn to that Person in relation to his Quality doth cease also L. 2. c. 13. n. 18. Every Contract though sworn is to be understood with this reserved Condition That matters continue in the same state A wise Man saith Seneca changeth not his Resolution all things continuing as they were when he made it nor can he be said to repent because at that time no better Counsel could be followed than that he resolved on l. 2.