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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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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
omnibus ordinibus regni consentientibus agreed upon and undertaken by the generall and unanimous consent of the whole State and that it should be onely Legitima defensio a meer defensive resistence and these laid down not that I admit resistence however conditioned for all that I have said before doth altogether condemn it but according to their own grants that plead for it To this purpose it is that they say the King is Vniversis minor lesse then the whole State and every body naturally defends it self Therefore if a contention be between the Plead and the Body it must in all reason be the whole Body that is set against it and if there be such an appearing against the supreme Power as tends to resistence the consent and judgement of the whole Kingdom must be against him or else every prevailing faction might indanger the State by causing such changes and evils as now it 's threatned with This is the reason of this unreasonable power of resistence in the people Well then how shall Conscience he perswaded that this resistence was agreed upon by an unanimous and free consent of the States assembled in the two Houses such as in this case may be called the judgement of the whole kingdome He that knows how the Militia in which this resistence chiefly began was brought in with what opposition especially in the Lords house and by what number there at length was voted also how the like proceedings of resistence that have been voted since are declared against by a greater number of each House then do remain in either such as have been cast out or withdrawn themselves upon dislike of these proceedings can he I say that knows this and who knows it not that hath eyes and eares be in Conscience perswaded that this is such an unanimous free and generall consent the judgement of the whole kingdome For though a Vote passed by a few upon the place ha's the power and condition of a Vote for the formality of Law yet if the question be Was this passed in full assemblies Was it freely and generally carried Did they all unanimously as one man consent unto it Conscience cannot be convinced there is such efficacy in the place as to make a few the whole or their agreement to be that judgement of the whole kingdome that unanimous consent which must be in the case of resistence by their acknowledgement that plead for it For were it in this case to be held for the judgement of the whole which is passed by a few then would the State be unreasonably exposed to that danger above mentioned which every prevailing faction might bring upon it under the pretence of the judgement of the whole kingdome Again is Conscience cannot be truely perswaded that this resistence is agreed upon with such a generall and unanimous consent as they themselves pretend to which pleade for this resistence so can it not be truely perswaded that this resistence is such for the meer defensive way of it as it ought to be according to their grants and pretences that appear for it Conscience here will see how to resolve upon the triall of these two particulars Whether the King or they be upon the defensive part then Whether the managing of this warre or resistence on their parts be so void of hostile acts as the defensive way which they pretend to ought to be Conscience will discern whether part is upon the defensive by inquiring First Who were first in Arms He that can number the succession of weeks and moneths in his Almanack may decide this He shall find that armed men were thrust into Hull the Kings Arms seized against his will the Militia set up and by that the Kings Subjects drawn into Arms before the King had any thing to oppose but Proclamations that subscriptions for Plate Money Horse that listing of souldiers for the field and appointing of Officer of the Army were begun upon their part before His Majesty did the like Now resistence doth in the word it self and in their pretence presuppose a power and force first made against them where as it is plain they were still upon the preventing and forehand with the Kin● still shewed him example for what he has done since in the way of Warre yet must the people believe he raises the Warre and they are upon defence But Conscience will not be so forced Secondly by inquiring what is the c●●se of these Arms What do they contend for And though it be clear that if Subjects be first in A●●s they cannot be upon the defensive yet the consideration of the cause will more apparantly convince it when Conscience shall see it is not for what is pretended but for something the King ha's right to deny that this resistence is made The preservation of Religion and Liberties is pretended but can it be for either The King denyes them not Their Religon they freely enjoy and was it ever known that Subjects should rise in Arms against their Prince for a Religion which he promiseth to maintain Or does Religion stand in need of a defense which it self condemnes a defence which would be a perpetuall scandall to it If therefore Religion be the pretence but no cause of Warre then is the Warre raised on their part the King is upon the defensive Or can it be for antient Rights and undoubted Priviledges that they contend The King denyes them not promiseth all security so he may enjoy his own and God forbid that either He or they should suffer in their just Rights But would any man ever have defended the revolt of the ten Tribes if Rehoboam had promised to conserve their Liberties What shall we then think of this geneall Revolt from Allegiance that ha's possessed well-near ten Tribes of twelve They suppose he will not make good his promises and therefore they will make all sure seize his Arms and Forts strip him of all and if begin to stirre for his own Right and Dignity then the people must be made to believe he makes warre against his Parliament intends to destroy their Liberties But can any man in Conscience think his Majesty since the beginning of this breach was ever in such a Condition of strength as might threaten the Libertie of the Subject or destroy Parliaments when as it was long ere he could with much ado attain to any reasonable means of subsistence or to such a strength whereby he might seem to be able to defend himself To speak the truth Religion and Liberties can be no other then the pretences of this Warre the King ha's fortified them so with many Acts of Grace passed this Parliament that they cannot be in that danger which is pretended for the raising of this Warr It must be something that his Majesty does indeed deny for which the contention is raised That we shall find to be His Power of Arms and ordering the Militia of the Kingdome His Power of denying in Parliament His disposing of the
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