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A55033 Scripture and reason pleaded for defensive armes: or The whole controversie about subjects taking up armes Wherein besides other pamphlets, an answer is punctually directed to Dr. Fernes booke, entituled, Resolving of conscience, &c. The scriptures alleadged are fully satisfied. The rationall discourses are weighed in the ballance of right reason. Matters of fact concerning the present differences, are examined. Published by divers reverend and learned divines. It is this fourteenth day of Aprill, 1643. ordered by the Committee of the House of Commons in Parliament concerning printing, that this booke, entituled Scripture and reason pleaded for defensive armes, be printed by Iohn Bellamy and Ralph Smith. John White. Palmer, Herbert, 1601-1647.; England and Wales. Parliament. House of Commons. 1643 (1643) Wing P244; ESTC R206836 105,277 84

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Estates and in any two of them or all the 3. together is given and is to be used ad Edificationem ad Salutem non ad destructionem for the common good and safety not ruine For in that it is Null and voyd in all reason and equity But the Doctor saith Must the King only trust and not be trusted Must he not alwayes have his security against the other which cannot be but by power of denying RE●L 1. But he forgets that the Question by himselfe stated is when the Prince will not discharge his trust and more then so● is bent or seduced to subvert Religion Lawes and Liberties Then it is sencelesse to trust him till 〈◊〉 shew●s another a better mind and it is most ridiculous to allow him in this case a p●wer of denying safety for that is to allow him a power of subverting all 2. But when the ●u is as now it ●s made in Hypothesi whether the Prince or the two Houses do mean w●ll or ill and who doth or doth not discharge their trust and who doth or doth not intend the subversion of Religion Lawes and Liberties who can be Judge betweene them or who can amongst men decide the difference but the Body of the People Exercising their understanding and consciences to judge who is in the right by all that hath been said and done on both sides formerly and of late and so their power and strength too to defend the right side and resist the wrong-doers And these whether the Doctor or any under Heaven will or no must have and will have the Power of denying or granting meanes for their owne and others safety and securi●y The Doctors reproaches against the Parliament I passe Only where he sayes Conscience might demand for its satisfaction Why should 100. in the House of Commons see more then 300 or 20. in the House of Lords more then 60. that are of a different judgement and withdrawne REPL. Satisfaction may well be given First by saying it is evident the major part of the House of Commons when they were most full were all that way that 100. are now though that be a slander for but a while since there were 300. there The King a yeare agoe in ●anu last commanded all that were in the Countrey to come up which certainly most of them did Yet no Votes but this way they goe now onely things were not then at the ●eighth they now are 2. If yet the Major part were of another judgement they would certainly come and vote and end the businesse The House hath often called the absent and punisht some for it certainly they knew then there were not enough against them of their Members to over-vote them 3. They that are wilfully absent are offenders against the Law and the common good and so are not to be trusted or thought to have wisedome to see things right how many soever they may pretend to be For also 40 being the legall number for the House of Commons to vote any thing It is against all Rules of Politick Bodies that the absence of others there being th● Legall Number present should hinder or discredit any Vote or Act of the Legall Body One judge of Assize two Commissioners or Arbitrators and the like suffice for any Businesse and though still the greater number the more honour and comfort yet a legall number must and will ever suffice 5 As for the Lords who pretend their absence forced by reason of Tumults First this by an Almanack as the Doctor speaks elsewhere may be confuted the greatest part of those that came and after withdrew stayed a considerable time after the Tumults till the King was gotten to Yorke and begun to call them away And if his calling them away or their withdrawing themselves shall have power to make the votes or judgement of a part that are yet resident there as the D● hath learned to call them Null or not to be regarded then have the King or such a number of Lords and Commons even out of the Parliament-House power to disanull a Law even the Law for the not dissolving of this Parliament without an Act for it which must passe all the 3. Estates both Houses and the King and in which each have their power of Denying And this alone what ever might be pretended against other Parliaments makes the legall Votes of the two Houses the full judgement and Authority of the whole representative Body of the Kingdome how few soever be present or how many so ever be absent and upon what pretence soever 2. But withall if I were Confessour or Chaplaine to any of those Lords that have withdrawne themselves and upon pretetence of the Tumult deny to returne I would make bold to aske them this Qu. in their eares for their consciences satisfactoin as well as mine owne which City and Countrey rung of them and which produced such and so many Petitions for the setling of the Militia and helping Ireland and outing the Bishops and Popish Lords out of the House of Peeres whether their refusing to concurre in the reliefe of Ireland and in securing the Kingdome even in petitioning the King for the settling of the Militia which yet the King after acknowledged necessary to be setled were not the true and only cause of those tumults that were And if so where was their judgement to see the means of safety or their conscience to provide for it And then whether their owne guilt did not more send or drive them away then any violence of the Tumults Which tumults yet I approve not nor ever did But if God so punished those that would not discharge the trust it is easier to answer that question why so many remaining should see more that is better then thrice so many if so many dissenting and withdrawne As for the Doctors preferring Monarchy before Aristocracy hee shall not have me for his Adversary who thank God I am borne and live and hope to dye under a Monarchy though not absolute as the Doctors Position would make him when he listed though the Doctor wisely disclaimes any such intention But for his reasons why a King should se●e better then the Major part of both the Houses because he sees even with their eyes though dissenting from them and hath other Councel besides and that he hath many reasons to perswade him to consent to their free and unanimous Votes All this is most unreasonable as the Question is now stated of a Prince bent to subvert Religion Laws and Liberties for we are still upon that generall supposition in this Section for whatever they see he will be sure as farre as he sees his owne strength to consent to nothing that shall hinder his designe And therefore to plead his power of denying or his wisdome in this case is to yeeld him all power to bee a Tyrant Which after all the Dr. will yet prove he hath so farre as he may not be resisted in it by the inconveniences
whether it be lawfull to resist the officers or souldiers of the King he being besides them and animating them with his commands to doe violence I will suppose for the present the Kings person is and shall be safe notwithstanding the resistance or that els the resistance must be forborne I onely aske whether his followers commanded by him standing by to doe murthers and rapes may be resisted with armes or not 4. If he will say that in all these cases resistance may be made so the Kings Person may be safe 1. The King may thanke him for the care of his Person but his Power and Authority is as much impugned by this as by many that plead for the defence now actually under-taken 2. The Cavaliers and Followers of the King will thanke him never a whit For they may all be knocked on the head or starved and yet the Kings Person be safe And they would soon desert the cause if this were beleeved or would be rooted-out if this were generally practised and that is all the Defendants desire who honour the Kings Person and authority as much as the Doctor or any of his fellows not to say more how ever they resist his Cavaliers 5. If he will deny resistance where the King is present because there his commands are certainly knowne to be his which may be doubted of in remote Countries Then 1. So should it have been exprest for cleare understanding and not coucht in uncertainty 2. Then all these Cavaliers are justly resisted where the King is not present which againe if it were believed and practised would soone end the businesse For even in the next Parish to the King they might be resisted though not where he appeares and speakes 3. What if it be doubted whether the King be not forced by threatnings and feare of his life to command so and so Kings have been prisoners and have commanded so and by wise and good Subjects Castles and Townes have bin kept by force of Armes against such as they bad to assault it if not yeelded Our Law supposes The King can doe no wrong yet supposes wrong may be done in his name by his followers If he then command a notoriously wicked thing The Law will suppose him forced or the like And then resistance shall be as well lawfull as if he were absent Or even necessary to rescue him out of such wicked hands 4. What if it be doubted whether a King be bewitched by sorceries There have bin such things of old and the Devills power doth not seeme to be lessned now 5. What if it be doubted whether the King be distracted A thing that hath befallen Kings as well as meane men Are subjects bound from resisting the commands of a bewitched or distracted Person to the ruine of Religion Lawes and liberties still preserving his person safe 6. Suppose it be certaine he is not forced nor bewitched nor distracted Yet doing as bad as any forced bewitched or distracted person can possibly doe by commanding such tyrannicall Acts what reason can be imagined why such a command should tie subjects hands from resisting his followers offering to act his tyranny more then if he were forced bewitched or distracted Is the liberty of his body and mind from those violences an enslaving of his people to his lawlesse lusts of crueltie and mischiefe 6. If he say further that even his officers or souldiers if they have his Seale or warrant may not be resisted in the remotest Country Then besides the former inconveniences these are to be added 1. Any that come among ignorant common people may abuse them at their pleasure if they will but pretend the Kings Seale or Warrant It hath bin counterfeited for Briefes How ordinary would it be if it might not be resisted How would malicious men murther with it Robbers spoyle with it and who could remedy it 2. By this meanes any that had a designe to depose the King and usurpe the Kingdome might by a counterfeit Seale and Warrant kill all the Kings faithfullest Subjects and strengthen so himselfe and his party as the King should after have no power to save himselfe Lawes observed will secure sufficiently from this And liberty to resist illegall violences will appeare to be necessary to the Kings safety as well as the Subjects Kings have seldome or never bin murthered or deposed where Lawes have bin preserved in their vigour But often where illegall violences have had place Let this also not be forgotten 7. Well but thus the case I suppose is understood if not by the Doctor yet by the generall of those that take the Kings part against the Parliament that neither the King in Person nor any of his officers or souldiers that have commission from him may be resisted because that were to resist the King which say they all the Apostle forbids and threatens Rom. 13.2 But here again I blame the Doctors negligent handling of that place upon divers considerations further 1. Without doubt the first verse is to be regarded as being the foundation of the second as appeares by the word Therefore Yet that he hath greatly neglected Perhaps for feare the scanning of it would doe him an ill turne as I shall by and by endeavour to shew by comparing the subjection commanded with the resistance forbidden 2. In the first verse he doth very ill to reade alwayes except once by chance as I thinke higher power for higher powers and so never to tell us whether the other powers who are higher in relation to the common-people though inferiour in relation to the supreme S. Peters governours may be resisted or not even with Arms. Perhaps this fraudulently also 3. In the second verse he is very carelesse to tell us whether resistance which is three times in English but there are two Greeke words the first being different from the second and third signifie all kind of opposition though without Armes to the higher and supreme power at least but then much more with Arms Or whether it only signifie resisting with Armes and no other there forbidden and made damnable Yet this a needfull Question for a conscience to be resolved in and more ordinarily then about resisting And so would well have become the Doctors learning and pretended care of Conscience and even regard of Authority to have discoursed upon But since he hath not vouchsafed to doe any of these I shall take the paines to doe it for him and for the conscientious Readers as well as I can 1. The first verse begins 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let every soule be subject to the higher Powers Here are two questions 1. What is meant by being subject 2. What by higher Powers By being subject is meant yeelding obedience either active or at least passive that is doing or forbearing acccording to command or submitting to suffering when one do's otherwise It cannot be denied but both these are parts of subjection and that so much is commanded by the word 〈◊〉 〈◊〉
withdrew Pag. I need not repeat it And as for the cruse and speare he tooke them not away for feare of being hurt by them as now Ammunitions and other provisions but as the Dr. well sayes to shew Abners neglect and his own integrity and therfore when they had done him that service he restored them without demand But the Parl. cannot fly from place to place like David they must keep at Westminster or dissolve themselves and they have offered to restore that which they took to prevent their own and the Kingdomes being mischefed by it so that security might have been obtained for time to come witnesse the Petition sent by the E. of Holland and others to Beverley while Hull was besieged In a word there hath been nothing done in this kind of all that the Dr. reckons up which meer necessity hath not forced and most of those things must have beene done by David if he had kept Keilah against Saul as he desired and meant to have done 2 And whereas the Dr. further urges that the Kings loyall and peaceable Subjects are assaulted despoiled of their Armes goods estates their persons imprisoned because they would according to their allegiance assist him in this extremity or would not contrary to their conscience joyne with them against him Rep. This concerns two sorts of persons and for both though somwhat differently the satisfaction to this allegation depends upon the justice of the defence it selfe For 1. if the Parl. do justly take up Arms then without all doubt however the Dr. talks of an implicit faith they may seize upon the arms goods estates persons of those that actually under what pretence soever assist against them Though if their defence be not just then all this is confessedly a multiplication of injustice but if they may fight with the Army that opposes them they may disarm c. those that strengthen the army with monys c. 2. as for those that only wold not contrary to their conscience joyn with them against him I have 2. things to say 1. If any of these have in former times any way promoted illegall commands and practises it is much to be doubted they can bring but slender proof of their forbearing to joyn with the Parl. out of conscience There is nothing more easie then to pretend conscience in all controverted points But hee deserves not to be beleeved in his pretence that hath been but even now and much more if he be still a violatour of rules of conscience in other respects It is wel known how tender they have been of other mens consciences in needless Ceremonies in illegall Innovations in prophane violations of the Lords Sabbath and the 4th Com. who now cry conscience to save their mony or to weaken the Parl. 2. If any be really conscientious in the point ye● upon the necessity of a just def●nce the Parl. may as well secure their persons and specially their Armes and levy some monies upon them as in a common danger of a forrain enemy trenches may be digged on a mans Land or Forts built ev●n against his will and in a fire breaking violently out the next house may be p●l'd downe to save a towne or many more houses Though it is also true that such ought to have recompence afterward when al the danger is over and so I doubt not but all truely consciencious shall have in due time When it shall appeare they only forbeare out of conscience and did no acts of malignancy withall nor spoke malignantly against the Parliament and their just proceedings The Modesty of some of many that have suffered a great deale worse within these few yeares then the Parliament makes their most Malignant Prisoner suffer may sufficiently shew what a Conscientious refusall signifies if it be no more but so And if the Parliam have nothing more to Answer for then rigour against such the Dr. will hardly prove they have transgressed the bounds of a lawfull defence His reproaches therfore in the close of this Sect. I let passe and come at last to his 7. last Sect. wherunto if as good a reply can be made as to the former I shall not much doubt the Sentence of Conscience of any one who is unengaged or unpartial in the whole Question between us SECT 7. WE are now come to the Tendrest Peece of all the Rest and how confidently so ever the Dr. charges the Parliament and all that cleave to them with Rendring the King odious c. and saith it concernes them so to doe yet it shall appeare by what I have to reply to him in this Section how little delight I have to make the King Odious and that the Parliament also hath and doth as much as lay in them to put off all Imputations from the King and charge them as the Law doth upon his Councellors Judges Followers and Favourites Here 1. let me remember him that whereas in other Kingdomes some Favourites when they have seen their Prince endangered have rather taken his actions upon themselves then cast theirs on him and been content to Sacrifice themselves rather for his safety then expose him to shield themselves It hath been the continuall practise of the plotters against our Religion and Liberties to Entitle the King to all their Illegallities and Oppressions There can scarce that Grievance be named if we except the Ship-money which was devolved upon the Judges and yet it is well knowne how they were tampered with in the Kings Name which they have not Fraudulently gotten the King to own as his Act and this is their constant practise to this day who then hath laboured to make the King Odious or whom did it concerne but they that so far as the people would finde fault with any thing they should be forced in a sort to finde fault with the King and this also helped to Charme all Tongues and tie down all hands till they provoked the Scots beyond all degrees of sufferance to come in with an Army and demand security in and by an English Parl. aswell as one in Scotland 2. Next whereas the Dr. upbraids the Parliament and People That it seemes they are men that would be loath to suffer for their Religion they are so ready to fly to Armes to secure themselves Repl. 1. It ill becomes a pretender to and Disputer for Conscience to speake this Language that hath lived to see how many sufferings though not resisting to blood striving against sinne many even of the Parliament but specially of the Ministery and people have yeelded to within 16. or 18. yeares and never thought of flying to Armes but rather of flying out of their Native Country as thousands have done Unlesse the Dr. will undertake to justifie all that was Imposed upon mens Consciences all this while And if he will do so he shall save many Consciences a labour to judge with what a Conscience hee Writes 2. Doth he thinke that they could be so simple as