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A41219 The resolving of conscience upon this question whether upon such a supposition or case as is now usually made (the King will not discharge his trust, but is bent or seduced to subvert religion, laws, and liberties) subjects may take arms and resist, and whether that case be now ... / by H. Fern. Ferne, H. (Henry), 1602-1662. 1642 (1642) Wing F802; ESTC R25400 33,929 69

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abroad as were before the setting up of the Militia given out to keep the people amused the easier to draw them into a Posture of Defence as was pretended all such are discovered by time to have been vain if there be now any forraign ayd towards the King as all Christian Kings cannot but think themselves concerned in the cause it will be as just for him to use them against subjects now in Arms as it was unjust in the Barons to call in the French against their naturall King For the Queens Majesty Her Religion is no new cause if it be a sufficient cause of Jealousie to them they have had it from her first entrance I would to God it were otherwise with her that it would please the Lord to open her eyes that she may see the truth and light of the Protestant Religion onely this I must say this is not the way to draw her to it if she look at it in the doctrines and practises of these times she is not like to fall in love with it For the resort of Papists and the Kings entertaining them He hath often declared what caution he desired to use therein till necessitie hath driven him to admit of some few into his Army which also he answered lately Let me adde this concerning the justnesse of it If he hath entertained any into this service he may justly make use of them We see what manner of men were gathered to David in his distresse 1. Sam. 22. 2. and how false Ziba bringing provision to the King when he fled from Absolom was entertained and rewarded insomuch that the King when afterward he knew how Ziba had abused him to gain his own ends would not reverse the sentence pronounced in his favour If therefore in this distresse after much forbearance our King hath admitted the help of some Recusants it cannot be alledged as a cause of the resistence now made against him but that resistence was a cause of it and if the Papist will shew himself a good subject it is just and reasonable that the King when he is put to it may admit of his help and the more shame it is for them that professe the Protestant Religion to force him to it a scandall that would not easily be wiped off from our Religion were it to stand or fall by the doctrines of this giddie Age Lastly His Majestie hath written enough for the clearing himselfe from those false and odious imputations laid upon him in relation to the Irish businesse I have onely thus much to say concerning any thing intended for the relief of Ireland It was great pittie they should want it there but it is more pittifull the King should be forced to make use of it here It is not long since our neighbour Nation brought an Army into the Northern parts of this kingdome to the great detriment of the inhabitants there and it was excused by invincible necessitie which drove them hither The necessitie his Majestie was driven to is sufficiently known and might excuse him in taking his own where he meets with it and drawing it from his service abroad to that which more nearly concerned him at home And when his Arms Moneys and Provisions are seised on wherever they be found intended for him and imployed against him in a Warre the Lord knows how unnecessary shall it not be lawfull for him to take some part of them where he finds it for his necessary defence Indeed the distresse of Ireland by the help of wicked Pamphlets hath been used as a great engine to weaken the Kings reputation with his people but upon whose account the heavie reckoning of that neglected Cause will be laid together with the disturbance of this kingdome any man in Conscience may easily discern that sees what sufficient and reasonable means might have been had for the security of Religion and Liberties and for the redresse of all just greivances before this time Which is the next thing considerable What his Majesty hath done and profered to exempt these scruples of fears and jealousies out of his peoples minds For Religion if it be a new Frame they contend for I must acknowledge he declares against all such but if they desire the continuance of that true Protestant Religion which hath been professed without interruption from the beginning of the Queens dayes and established by the Laws of this Land that he undertakes to maintain that he hath protested in the head of his Army to defend For matter of Church-government and discipline he hath offered any just reformation even with a respect to tender consciences in point of Ceremony hath often called his two Houses to the work in drawing up the grievances to some head For priviledges of Parliaments and libertie of Subjects he hath given them the like promises with the deepest Protestations and by an excellent moderation amidst the pressures and necessities of Warre hath shown what respect he hath to the property and libertie of the Subject Lastly For his choyse of Officers of State he hath promised to admit any just exception and thereupon to relinquish the person and as an assurance of all this hath so farre condescended as to take away Starre-chamber High-commission Bishops votes c. and to grant the Continuance of this Parliament and the constant return of a Trieniall And now after all these promises and protestations and so many reall expressions of Grace can any man in conscience think there was yet place left for Propositions of such necessary concernment that except they be granted this Kingdome must be imbroyled in a Civill warre and the releif of Ireland neglected I speak not this to cast any blemish upon the wisdome of the great Councel or upon their desires and endeavors to gain a greater security to the Publick but I would to God the King were once thought worthy to be trusted a little and that the Consciences of his Subjects were more respected which cannot so easily be commanded into a resistence being very tender in the points of damnation and taught out of Gods Word not to raise so much as an evil thought against the King much lesse to lift up an armed hand Every mans Conscience now is solicited to adhere either to the King in this great cause or to joyn with Subjects in making resistence To draw it from Allegiance tongues are set on fire of hell which blast his Majesties Actions and Declarations and books written by hellish spirits enemies to peace and quietnesse are suffered to issue forth into every corner of the land to possesse the people That his promises are but words his acts of Grace were forced he will not stand to them It seems then he must by force of Arms be compelled to be willing But let us see whether a Conscience that destres to be safe can be so perswaded in judging the actions and intentions of him to whom it owes the highest duty under God as first to conclude He
places of Scripture so it is also suitable to Reason Because God doth govern all creatures Reasonable as well as Unreasonable the inferiour or lower world he governs by the heavens or superiour bodies according to those influences and powers he ha's put into them and the reasonable creatures Men he governs too by others set up in his stead over them for which they are called Gods because in his stead over the people and the powers are said to pe ' apo theou tetagmenai Rom. 13. 1. not only ' apo theou from God but also as orders ranked under him too subordinate to that providence by which all creatures are governed These his Ministers he sometimes designed immediately by himselfe as Moses the Judges Saul David c. Now he designes his Vicegerents on earth mediately as by election of the people by succession or inheritance by conquest c. To conclude the Power it selfe of Government is of God however the person be designed or that Power qualified according to the severall forms of government by those Laws that are established or those grants that are procured for the peoples securitie Thus much of the originall of Power SECT. IV. NOw we come to the Forfeiture as I may call it of this Power If the Prince say they will not discharge his trust then it falls to the people or the two Houses the representative body of the people to see to it and reassume that Power and thereby to resist This they conceive to follow upon the derivation of Power from the people by vertue of election and upon the stipulation or covenant of the Prince with the people as also to be necessary in regard of those meanes of safety which every State should have within it selfe We will examine them in order and shall find the Arguments inconsequent Concerning the derivation of Power we answer First if it be not from the people as they will have it and as before it was cleared then can there be no reassuming of this Power by the People that 's plain by their own argument Secondly if the people should give the power so absolutely as they would have it leaving nothing to God in it but approbation yet could they not therefore have right to take that power away For many things which are altogether in our disposing before we part with them are not afterward in our power to recall especially such in which their redounds to God an interest by the donation as in things devoted though afterward they come to be abused So although it were as they would have it that they give the power and God approves yet because the Lords hand also his oyl is upon the person elected to the Crown and then he is the Lords anointed and the Minister of God those hands of the people which were used in lifting him up to the Crown may not again be lifted up against him either to take the Crown from his head or the sword out of his hand This will not a true-informed Conscience date to doe Thirdly How shall the Conscience be satisfied that this their argument grounded upon election and the derivation of power from the people can have place in this Kingdome when as the Crown not onely descends by inheritance but also ha's so often been setled by Conquest in the lines of Saxons Danes and Normans In answer to this they looke beyond all these and say the right is still good to the people by reason of their first election I answer So then that first election must be supposed here and supposed good against all other titles or else this power of resistence falls to the ground It is probable indeed that Kings at first were by choyce here as elsewhere but can Conscience rest upon such remote probabilities for resistence or think that first election will give it power against Princes that do not claime by it We tell them the Romane Emperours were not to be resisted Rom. 13. 2. They reply as we had it above that they were absolute Monarchs But how came they of Subjects to be absolute Monarchs was it any otherwise then by force and arms the way that the Saxons Danes and Normans made themselves Masters of this people and was not the right of the people as good against them for the power of resistence by vertue of the first election as well as of the people of this Land against their Kings after so many Conquests This I speak not as if the Kings of this Land might rule as Conquerors God forbid But to shew this slender plea of the first election can no more take place against the Kings of this Land then it could against the Romane Monarchs especially according to their argument that hold all power originally from the people and that as we observed above to be the Fundamentall of all government Therefore whether Kings were in this Land at first by election or no we acknowledge what belongs to the duty of a Prince in doing justice and equitie what Grants also Laws Priviledges have since those Conquests been procured or restored to the people unto all those the King is bound But yet not bound under forfeiture of his power to the people which now comes to be examined in that capitulation or covenant he is said to enter with the people In the next place therefore That Capitulation or Covenant and the Oath which the Prince takes to confirme what he promiseth are so alledged as if the breach or non-performance on the Princes part were a forfeiture of his power But we answer The words capitulation or covenant are now much used to make Men believe the Kings admittance to the Crown is altogether conditionall as in the meerly elective Kingdomes of Polonia Swedeland c. whereas our King is King before he comes to the Coronation which is sooner or later at his pleasure but alwaies to be in due time in regard of that security His People receive by his taking the oath and he again mutually from them in which performance there is something like a covenant all but the forfeiture The King there promises and binds himself by oath to performance Could they in this covenant shew us such an agreement between the King and his People that in case he will not discharge His trust then it shall be lawfull for the States of the Kingdome by Arms to resist and provide for the safety thereof it were something If it be said that so much is imployed in the first election We answer We examined that slender plea of the first election above as it was thought to be a derivation of power Now as it is thought to have a covenant in it we say That usually in all Empires the higher we arise the freer we find the Kings and still downwards the People have gained upon them for at first when the People chose their Rulers they did as Justine in the beginning of his History observes resigne themselves to be
not so much as they themselves pretend to who plead for it either for the generall and unanimous consent of the Kingdome for it was not so agreed upon or for the defensive way of it because the King is upon the defensive For He was not first in Arms and the Contentiom must needs appeare to be for something the King hath right to hold or is bound by oath to maintain Also because to any Mans Conscience it will appeare to he an oppugnation rather then a resistance or meere defence Sect. VII The case is not in being No Conscience can conclude the King to be what they would have him supposed because the jealousies are groundlesse The King hath done sufficient to clear them by Promises Protestations acts of Grace And Conscience if it hold the rule of Charity will not against all those conclude contrary intentions in him upon them to ground resistance but will if it will not not be partiall judge the King hath offered such reasonable meanes of securitie to this State as ought to have been apprehended rather then this Kingdom embroyled in a Civil war and Ireland neglected Lastly a Conscience that concludes for resistance wants the perswasion of faith and the judgement of charity in an high measure and cannot appeare safely at Gods tribunall The Resolving of Conscience Touching the unlawfulnesse of the War and Resistance now made against the KING LAmentable are the distractions of this Kingdome and the more because they gather strength from the name and authority of that which as it is of high esteeme with all so should it be a remedy to all these our distempers a Parliament and from the pretended defence of those things that are most dear unto us Religion Liberties Laws Whereupon so many good people that have come to a sense of Religion and godlinesse are miserably carried away by a strange implicit faith to beleive that whatsoever is said or done in the name of a Parliament and in the pretended defence of Religion Liberties Laws to be infallibly true and altogether just But he that will consider men are men and would seek a surer rule for his Conscience then the Traditions or Ordinances of men taken hand over head shall upon reasonable examinations find upon what plausible but groundlesse principles upon what fair but deceiving pretences upon what greivous but causelesse imputations laid upon Majestie it self poore people are drawn into Arms against the duty and allegiance they owe to their Prince by the Laws of God and man For directing the Conscience in such an examination this ensuing Discourse is framed as briefly and plainely as the matter will permit SECT. I COnscience in resolving upon a question first layes down the Proposition or Principle or Ground on which it goes then it assumes or applyes to the present case then it concludes and resolves as in this question affirmatively for Resistance thus Subjects in such a case may arm and resist But that case is now come Therefore now they may and doe justly resist Or negatively against Resistance either by denying the Principle Subjects may not in such a Case arm and resist therfore now they do not justly resist Or by admitting the Principle and denying the Case Subjects in such a case may arm and resist But that case is not now Therefore now they do not justly arm and resist What it is that Conscience is here to admit or deny and how it ought to conclude and resolve this ensuing Treatise will discover which that it may more clearly appeare we will premise First That in the Proposition or Principle by the word Resistance is meant not a denying of obedience to the Princes command but a rising in arms a forcible resistance this though clear enough in the question yet I thought fit to insinuate to take off that false imputation laid upon the Divines of this Kingdome and upon all those that appeare for the King in this cause that they endeavor to defend an absolute power in him and to raise him to an Arbitrary way of government This we are as much against on his part as against Resistance on the subjects part For we may and ought to deny obedience to such commands of the Prince as are unlawfull by the Law of God yea by the established Laws of the Land For in these we have his will and consent given upon good advice and to obey him against the Laws were to obey him against himselfe his sudden will against his deliberate will but a far other matter it is to resist by power of arms as is in the question implyed and as we see at this day to our astonishment first the power of arms taken from the Prince by setting up the Militia then that power used against him by an army in the field Secondly we must consider that they which pleade for Resistance in such a case as is supposed do grant it must be concluded upon Omnibus ordinibus regni consentientibus that is with the generall and unanimous consent of the Members of the two Houses the representative body of the whole Kingdome also they yeild it must be onely Legitima desensio a meer defensive resistance and this also Conscience must take notice of Thirdly it is considerable that in the supposition or case it is likewise granted by them that the Prince must first be so and so disposed and bent to overthrow Religion Liberties Laws and will not discharge his trust for the maintaining of them before such a Resistance can be pretented to And although the question is and must be so put now as that it seems to straiten the Case and make it depend upon the supposall of the people yet it so much the more enlarges the falshod of the Principle for it plainly speaks thus If subjects beleive or verily suppose their Prince will change Religion they may rise in arms whereas all that have pleaded for Resistance in case of Religion did suppose another Religion enjoyned upon the subject first We will therefore endeavour to cleare all for the resolving of Conscience in these three generalls I. That no Conscience upon such a case as is supposed can find clear ground to rest upon for such resistance as is pretended to but according to the rules of Conscience What is not of faith is sinne and In doubtfull things the safer way is to be chosen Conscience it will find cause to forbeare and to suffer rather then resist doubtfull I say not that a Conscience truly informed will not clearly see the unlawfulnesse of this Resistance but because no conscience can be truly perswaded of the lawfulnesse of it and so that Conscience that resolves for it must needs run doubtingly or blindly upon the work II. That the resistance now used and made against the Prince is not such as they pretend to either for that generall and unanimous consent that should precede it or that defensive way that should accompany it according to their own grants