Volume IV Part 7 (2/2)

[Sidenote: Mischief of broaching antimonarchical principles.]

[Sidenote: Two cases of resistance: one to preserve the crown, the other the rights of the subject.]

”Further, I desire it may be considered, these legislators” (the legislators who framed the non-resistance oath of Charles the Second) ”were guarding against the consequences of those _pernicious and antimonarchical principles which had been broached a little before in this nation_, and those large declarations in favor of _non-resistance_ were made to encounter or obviate the _mischief_ of those principles,--as appears by the preamble to the fullest of those acts, which is the _Militia Act_, in the 13th and 14th of King Charles the Second. The words of that act are these: _And during the late usurped governments, many evil and rebellious principles have been instilled into the minds of the people of this kingdom, which may break forth, unless prevented, to the disturbance of the peace and quiet thereof: Be it therefore enacted_, &c. Here your Lords.h.i.+ps may see the reason that inclined those legislators to express themselves in such a manner against resistance. _They had seen the regal rights swallowed up under the pretence of popular ones_: and it is no imputation on them, that they did not then foresee a _quite different case_, as was that of the Revolution, where, under the pretence of regal authority, a total subversion of the rights of the subject was advanced, and in a manner effected. And this may serve to show that it was not the design of those legislators to condemn resistance, in a case _of absolute necessity, for preserving the Const.i.tution_, when they were guarding against principles which had so lately destroyed it.”

[Sidenote: Non-resistance oath not repealed because (with the restriction of necessity) it was false, but to prevent false interpretations.]

”As to the truth of the doctrine in this declaration which was repealed, _I'll admit it to be as true as the Doctor's counsel a.s.sert it,--that is, with an exception of cases of necessity_: and it was not repealed because it was false, _understanding it with that restriction_; but it was repealed because it might be interpreted in _an unconfined sense, and exclusive of that restriction_, and, being so understood, would reflect on the justice of the Revolution: and this the legislature had at heart, and were very jealous of, and by this repeal of that declaration gave a Parliamentary or legislative admonition against a.s.serting this doctrine of non-resistance _in an unlimited sense_.”

[Sidenote: General doctrine of non-resistance G.o.dly and wholesome; not bound to state _explicitly_ the exceptions.]

”Though the general doctrine of non-resistance, the doctrine of the Church of England, as stated in her Homilies, or elsewhere delivered, by which the general duty of subjects to the higher powers is taught, be owned to be, as unquestionably it is, _a G.o.dly and wholesome doctrine_,--though this general doctrine has been constantly inculcated by the reverend fathers of the Church, dead and living, and preached by them as a preservative against the Popish doctrine of deposing princes, and as the ordinary rule of obedience,--and though the same doctrine has been preached, maintained, and avowed by our most orthodox and able divines from the time of the Reformation,--and how _innocent a man_ soever Dr. Sacheverell had been, if, _with an honest and well-meant_ zeal, he had preached the same doctrine in the same general terms in which he found it delivered by the Apostles of Christ, as taught by the Homilies and the reverend fathers of our Church, and, in imitation of those great examples, had only pressed the general duty of obedience, and the illegality of resistance, without taking notice of any exception,” &c.

Another of the managers for the House of Commons, Sir John Holland, was not less careful in guarding against a confusion of the principles of the Revolution with any loose, general doctrines of a right in the individual, or even in the people, to undertake for themselves, on any prevalent, temporary opinions of convenience or improvement, any fundamental change in the Const.i.tution, or to fabricate a new government for themselves, and thereby to disturb the public peace, and to unsettle the ancient Const.i.tution of this kingdom.

_Sir John Holland_.

[Sidenote: Submission to the sovereign a conscientious duty, except in cases of necessity.]

”The Commons would not be understood as if they were pleading for a licentious resistance, as if _subjects_ were left to _their_ good-will and pleasure when they are to _obey_ and when to _resist_. No, my Lords, they know they are _obliged by all the ties of social creatures and Christians, for wrath and conscience' sake, to submit to their sovereign_. The Commons do not abet _humorsome, factious arms_: they aver them to be _rebellions_. But yet they maintain that that resistance at the Revolution, which was so _necessary, was lawful and just from that necessity_.”

[Sidenote: Right of resistance how to be understood.]

”These general rules of obedience may, upon a _real necessity,_ admit a lawful _exception_; and such a _necessary exception_ we a.s.sert the Revolution to be.

”'Tis with this view of _necessity_, only _absolute necessity_ of preserving our laws, liberties, and religion,--'tis with _this limitation_, that we desire to be understood, when any of us speak of resistance in general. The _necessity_ of the resistance at the Revolution was at that time obvious to every man.”

I shall conclude these extracts with a reference to the Prince of Orange's Declaration, in which he gives the nation the fullest a.s.surance that in his enterprise he was far from the intention of introducing any change whatever in the fundamental law and Const.i.tution of the state. He considered the object of his enterprise not to be a precedent for further revolutions, but that it was the great end of his expedition to make such revolutions, so far as human power and wisdom could provide, unnecessary.

_Extracts from the Prince of Orange's Declaration_.

”_All magistrates, who have been_ unjustly turned out, shall _forthwith resume their former_ employments; as well as all the boroughs of England shall return again to _their ancient prescriptions and charters_, and, more particularly, that _the ancient_ charter of the great and famous city of London shall again be in force; and that the writs for the members of Parliament shall be addressed to the _proper officers, according to law and custom_.”

”And for the doing of all other things which the two Houses of Parliament shall find necessary for the peace, honor, and safety of the nation, so that there may _be no more danger of the nation's falling, at any time hereafter, under arbitrary government_.”

_Extract from the Prince of Oranges Additional Declaration_.

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