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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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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
or not appears by his first departure and returning again and then by departing still under his own Guards a second time when he was by contrary Winds driven into Feversham he still resolved to quit the Land So that if the late King had thought his carrying would have promoted his Interest he would have staid but being guided by better hopes of compassing his designs abroad it follows that he voluntarily and I may say maliciously deserted us destroying the Writs for calling a Parliament concealing the Broad-Seal leaving us under the power of an Army of Irish Papists whom he ordered to be Disbanded without Pay whereby he probably thought we would have crumbled into several Factions and sought it out among ourselves All men count those actions voluntary which were in their power to do or not to do and though after deliberation the will be for a while in equilibrio yet when other Reasons and Circumstances are added to make the Scales turn the Resolution and Actions that follow are our choice 2dly If it had been the present King's Design or Will to have hindred the late King's departure he might have done it and perhaps it might have been for his Interest to have so done but by not doing it he manifested that it was not his will to restrain him but the late King's choice for there was a Treaty offered and accepted by the late King who sent his Commissioners to treat with the Prince but being as by the event it appears resolved on his departure he tarried not for the return of his Commissioners and though he had appointed to meet his own Council in the Morning yet he deserted them in the Night before to which it is said he had engaged himself by Oath to the Queen So that all these pretences of his being willing to remain in his Kingdom were but to facilitate what he was more peremptorily resolved to do i. e. to forsake it So that tho' the consequents of his own Actions which were undoubtedly wilful as his raising a standing Army which revolted from him his abrogating the Laws submitting the Kingdom to the Pope and all those Grievances summ'd up by the Lords and Commons Feb. 12. brought a necessity on him to depart yet seeing that necessity was the effect of his own Voluntary Actions it must be imputed to his will and choice as the cause of it And doubtless the King deserted the Nation on some such deliberations as these He had followed such evil and rash Counsels as had involved him in unextricable Troubles his Counsellors were not able to defend him or themselves and by flight shifted for themselves The Army in which he confided forsook him the Affections of the People were generally alienated from him so that the only Refuge that was left him was his trusty Confederate the King of France to whom he chose to commit himself rather than to submit to a Treaty Object But it may be Objected That the Lords and Commons were too hasty in declaring that the late King had Abdicated his Kingdoms and that they ought to have treated with him and proposed such Terms as might have secured their Religion Laws and Liberties to which if he had consented all our Grievances might have been redressed Answ To this it is answered That the Parliament by their Votes against the Bill of Exclusion had done as much as in them lay to engage him to a Faithful Execution of the Trust reposed in him viz. To Govern according to the Established Laws And his Promise to the Privy-Council immediately on his Brother's Death did manifest what then was or at least ought to have been his Resolution for he declared That he would make it his Endeavour to preserve the Government both in Church and State as it was then established That he knew the Principles of the Church of England were for Monarchy and that the Members of it had shewed themselves good and Loyal Subjects therefore he would always take care to defend and support it I know said he that the Laws of England are sufficient to make the King as great a Monarch as I can wish and as I shall never depart from the just Rights and Prerogatives of the Crown so I shall never invade any man's Property I have often adventured my Life heretofore in Defence of this Nation and I shall still go as far as any Man in preserving it in all its just Rights and Liberties These were Solemn Promises to the performance whereof not only his Honour of which he boasted that he never had broken his Word with any Man but his real Interest should have obliged him I cannot omit that Observation of Job Chap. 34. ver 30. That God in his righteous Judgment will not that an Hypocrite Reign lest the People be ensnared These were Divine Sentences in the King's Lips but his Actions declared what was in his Heart namely to pull down and destroy all that he had promised to preserve and defend with his very Life to which the hope of salvation being then a resolved Papist so pre-ingaged him that in the perswasion wherein he then was his conscience must tell him he must perish eternally if he should perform his promises God only knows how to treat with such Princes It was not in the wisdom or power of men to confine such an Angel of light for if by a Treaty the late King under the circumstances to which he was reduced should have yielded to all the demands of his Subjects his Allies abroad might whenever they had an opportunity to assist him have made all void on pretence that he was under force all the time of such Treaty And if he had been re-admitted with that freedom honor and power which became a King of England who could not foresee that as long as the Jesuits had the guidance of his Conscience he would a second time have renewed his Promises of establishing our Religion Laws and Liberties only until he found another opportunity to destroy them to which the Name of a King and his Presence among his Subjects and the Subtil Counsels and Devilish Arts of the Jesuits the Credulity of some and the Discontents of many others for under the best Governments there will be Malecontents would have made plausible pretences and arguments for disturbance of our peace which our too powerful Neighbour the King of France hath for a long time had incouragement from the late King to do and only waited for an opportunity and now declares he will endeavour to effect by open War. Thus Coleman's Letter to Sir William Throgmorton Febr. 1. 1673 / 4. You well know that when the Duke comes to be Master of our Affairs the King of France will have reason to promise himself all things that he can desire And in another Letter to L' Cheese that his Royal Highness was convinced that his interest and the King of France 's were the same and if his Royal Highness would endeavour to dissolve
the Laws to which he was Sworn he should be Perjured And by what reason can a man be obliged to observe his Oath to a person that being mutual obliged to him hath notoriously violated his Oath and becomes a perjur'd Person it is well resolved by Amesius de Juramento l. 4. c. 22. Quum aufertur ratio Juramenti Juramentum cessat ratione eventus Qui easus est eorum qui Juraverunt se obedituros domino aut prinoipi alieui qui postea cessat esse talis When the reason of an Oath doth cease the obligation of the Oath ceaseth also by reason of the event which is the case of such who have sworn to obey a Lord or Prince who afterward ceaseth to be so King John's Confirmation of an Original Contract Anno 1214. upon granting the great Charter and that of the Forest it was enacted at Running-Mead That 25 Barons should be elected as Conservators of the Liberties thereby granted who upon Violation of them might no redress being made within 40 days after notice enforce the King by seizing his Castles and Lands and as a Security the four chief Captains of the Castles of Northampton Kenelworth Nottingham and Scarborough were sworn to the Barons and that none should be placed in them but such as the Barons thought to be faithful and also the Castles of Rochester and others which of right belonged to the Archbishop of Canterbury were delivered up and others to the Barons But the King by help of some Forreigners regain'd them all and was Master of all England except the City of London whose Suburbs he burnt And then the Bishops and Barons swore at St. Edmonds on the high Altar That if King John did not observe his Grants they would compel him to it by withholding their Allegiance and seizing his Castles and when the King would not restore their Liberties and Properties they raise an Army under Robert Fitz-Walker and regain all their Castles enter London and resolved never to desist until their Charters were better secured The King being generally forsaken having not above seven Knights with him whereas the Barons and Knights were reckoned 2000. besides Esquires of good Note He sent to the King of Morocco offering the Kingdom to him who having enquired into the difference between the King and his People despised the offer as Matthew Paris relates it He offered it also to Pope Innocent to be made Tributary to him if he would excommunicate the Archbishop of Canterbury and the Barons that he might be revenged on them all which notwithstanding they maintain the War and they elect Lewis of France for their King and their Actions were approved by the Peers of France assembled at Lyons I have read that in the Clause of the Charter confirm'd by H. 3. it was provided that if the King should invade those Rights it was lawful for the Kingdom to rise against him and do him what injury they could as owing him no Allegiance And much to this purpose is quoted out of King John's Charter in these words Et illi Barones cum communa totius terrae destringent gravabunt nos modis omnibus quibus poterint scilicet per captionem Castrorum terrarum possessionem aliis modis donec fuerit emandatum secundum arbitrium eorum And the practice of the Nobles and Commons in those days do evidence that they had some such Grants from their Kings for their justification and perhaps much more then doth now appear for it was made an Article against Richard the Second that he had erazed and imbezled the Records to the great dammage of the People and the disinherison of the Crown But this King Henry the Third upon a grant of the thirtieth part of his Subjects Goods ratified their Charters and Swore to preserve them inviolably as he was a Man a Christian and a King crowned and anointed and the Archbishop of Canterbury with the other Bishops denounced a Sentence of Excommunication against all such as should invalidate the Priviledges granted by the Charters throwing down on the ground the lighted Candles which were in their hands and saying So let every one who incurs this Sentence be extinct in Hell. And here I cannot forbear to repeat that Article of the Magna Charta which yet appears in the original Grant or Confirmation which the Bishop of Salisbury says he hath in his own hands under the great Seal See the Bishop of Sarum 's Pastoral Letter p. 27. whereby it is provided That in case the King should violate any part of the Charter and should refuse to rectifie what be had done amiss it should be lawful for the Barons and the whole People of England to distress him by all the ways they could think on such as the seizing on his Castles Lands and Possessions provision being only made for the safety of the persons of the King and Queen and their Children Now this being a fundamental Law and Contract and never repealed may abundantly justifie all that hath been done by the People of England in the late Revolution For whereas it is objected that the late Laws and Declaration That it is not lawful on any pretence whatsoever to take up Arms and that it is unlawful for both Houses of Parliament to levy War offensive or defensive against the King and the Recognition made the first of King James do supersede all former Laws I answer That such fundamental Laws cannot be abrogated without a particular recital of them and an express abrogation so that those Laws mentioned in the Charters for the restraint of illegal Actions and those that gave the Heretochs the power of the Militia and Officers by Sea and Land not being particularly repealed cannot be abrogated by those hasty Acts which have been since made for though the Militia be by those hasty Acts granted to the King yet it must be understood that they were so granted in trust and confidence that it should be imployed for the protection and safety of the People and Sir Edward Cooke 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 in such manner as the Parliament by special Acts hath prescribed and therefore those Heretochs or Lord-Lieutenants which had the power of the Militia for the word Heretoch by Selden in his Titles of Honour p. 603. is compounded of Here which signifies Exercitus and Togen ducere signifies Dux exercitus sive navalis sive terrestris and signifies a Commander of an Army by Sea or Land. See Spelman p. 232 348. That the Sheriffs of every County who had the Posse Comitatus or the power of raising the Militia were to be chosen by the People in the County-Courts is evident by express words of King Edward the Confessor's Laws Cap. de Herotochiis as Lambard's Arch. p. 135. and Sir Edward Cooke 3 Edw. 3. c. 17 19. And by the Articles against Richard the Second