d for the purpose of self-preservation. It will show
still more clearly the equal care of the then Whigs to prevent either
the regal power from being swallowed up on pretence of popular rights,
or the popular rights from being destroyed on pretence of regal
prerogatives.

* * * * *

_Sir Joseph Jekyl_.

[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 Lordships 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 Constitution_, 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[Sidenote: Non-resistance oath not repealed because (with the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"As to the truth of the doctrine in this declaration which was repealed,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 assert it,--that
is, with an exception of cases of necessity_: and it was not repealed
because it was false, _understanding it