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A47927 Toleration discuss'd by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704. 1663 (1663) Wing L1315; ESTC R7093 72,161 120

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Gentlemen while you Debate That Point I 'le call for Dinner SECT XVI At whose Door Lyes the BLOUD of King CHARLES the MARTYR Zea. ANd why by Them if by Any I beseech ye Was Peters a Presbyterian Scrup. Yes surely was he as much as Marshall was an Independent Zea. Go to Let us spare Names and Fall to the Matter Scrup. The Question is Upon Whom the Guilt of the Kings Bloud lyes You charge it upon Us and I upon You. The Presbyterians Spoyl'd Him as a King before Others Executed Him as a Private Man Have they not Hunted and Persu'd Him with Sword and Fire Have they not formerly Deny'd to Treat with Him and their now Recanting Ministers Preach't against Him as a Reprobate Incurable an Enemy to God and his Church Marqu'd for Destruction c. The Covenanting-Ministers with their Party clearly Depos'd the King when They Acknowledg'd and submitted unto a Power as Superiour unto His Levy'd war against Him as against a Traytor Rebel and Enemy to the Kingdome c. The Scots had proceeded so far as to Imprison the Kings Person and to Sequester all his Royal Power which is a Temporary Dethroning and Deposing Nay hear what some of your Rabbies have not stuck to say in my Iustification The Removal of Prelatical Innovations Altar-genuflexions and cringings with Crossings and all that Popish Trash and Trumpery Countervails for the Bloud and Treasure shed and spent in these late Distractions and this was in 56. Once more and you shall take your Turn This may serve to Justifie the Proceedings of this Kingdome against the late King who in a Hostile way set Himself to overthrow Religion Parliaments Laws and Liberties Zea. I could Afford you Two for One and Pay you in your own Coyne His Capacity says Parker was at Westminster when His Body was upon the Scaffold at Whitehall Paying unto Justice for his Misgovernment and Tyranny Think not to save your Selves sayes One of your Ministers to the Commons about a Month before the King Suffer'd Think not to Save your Selves says He by an Unrighteous Saving Them who are the Lord's and the Peoples Known Enemies for Certainly if ye Act not Like GODS in This Particular against men truly Obnoxious to Justice They will be like DEVILS against you Benhadad's Life was once in Ahab's Hand and He ventur'd God's Displeasure to let him go But see how Bernhadad Rewards Him for it Fight neither with Small nor Great but with the KING of Israel Conf. Come Gentlemen Your Dinner 's Ready but first I Charge ye by that Love ye bear to Truth and Honesty deal Freely with me What 's Your Opinion of your Cause Zea. Wee 'll take time to Consider of it Conf. And of your Petition too I beseech ye Go to I dare swear there 's Neither of ye will Dye at Stake for 't Scrup. But still I 'm where I was as to the Favouring of Tender Consciences Conf. And truly so am I where it is possible to Separate the Errour from the Person but to permit a Pullique Inconvenience for the Satisfaction of a Private Scruple were upon very weak pretence to Unhinge the Law and Consequently to Dissolve the Government Det ille veniam facilè cui veniâ est opus Sen. Agamem The END The CONTENTS INTRODUCTION Pag. 1 SECT 1. Liberty of Conscience Stated P. 5 SECT 2. Universal Toleration Unlawful P. 7 SECT 3. Limited Toleration does not answer Liberty of Conscience P. 18 SECT 4. The Non-Conformists Plea for TOLERATION upon Reason of State P. 14 SECT 5. The Non-Conformists Plea for TOLERATION from the Merits of the Party P. 24 SECT 6. The Non-Conformists Plea for TOLERATION from the Innocence of their Practices and Opinions P. 26 SECT 7. TOLERATION Causes Confusion both in Church and State P. 36 SECT 8. The Danger of TOLERATION in this Iuncture Pag. 3● SECT 9. Arguments against TOLERATION in respect of the Party ihat Desires it with Animadversions upon a certain Pamplet Entituled A SERMON Preached at ALDERMANBURY-CHURCH Decemb. 28. 1662. P. 42 SECT 10. Arguments against TOLERATION in Respect of the Authority that is to Grant it P. 60 SECT 11. The Proper Subject and Extent of Humane Power P. 64 SECT 12. The Bounds of TOLERATION with some Reflections upon SCHISM and SCANDAL p. 69 SECT 13. The Necessity of a Final and Unaccomptable JUDGE P. 81 SECT 14. The Three Great Iudges of Mankind are GOD MAGISTRATES and CONSCIENCE P. 89 SECT 15. The Toleration which the Non-Conformists desire has neither GROUND nor PRESIDENT P. 99 SECT 16. At Whose Door Lies the BLOUD of King CHARLES the MARTYR P. 104 The END Crooks Reports Pars 2. Pa. 37. Interest of Engl. Pa 86. P. 84. 86. 87. 94. The Non-conformists Demand Rom. 2. 14. Laud against Fisher. pa. 197. Rom. 7. 7. Rom. 4. 15. Rom. 5. 13. 1 Joh. 4. 3 15. Ex. Coll. P. 2. 3. a Ex. Coll. P. 84. b P. 339. c P. 609. d P. 764. e P. 392. Ex. Coll. P. 533. P. 494. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 28. 24. Lord Brook Alaham Pa. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 130. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 93. Gal. 5. 1. a Lex Rex P. 136. b 156. c 140. d 113. e Gillespy P. 11. Engl. Pop. Cerem f 245. Kings Declar. P. 409. P. 4●1 P. 409. P. 413. A Sacred Panegyrick P. 23 Defence of the Honourable Sentence passed upon the late King Pa. 90. Ex Coll. Pa. 259 Ex. Coll. Pa. 457. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pa. 183. The Non-conformists would have they know not what Letter to the Assembl Ian. 1. 45. Pag. 3. Engl. Deliv Pa. 7. Fresh Disput. Pa. 98. Tenure of Kings Pa. 36. Ex. Coll. Pa. 2. Remonstr Ex. Coll. Pa. 19. ☜ Ibid. The False Brother a Part. 2. Pag. 3. b Pag. 7. Scobel Acts c. c Pag. 51. d Pag. 65. e Pag. 178. f Pag. 293. a Scobels Acts c. Pag. 41. b Pag. 60. c Pag. 73. d Pag. 75. e Pag. 128. f Pag. 8. Part 2. g Pag. 149. h Pag. 153. i Pag. 400. k Pag. 42. l Pag. 53. m Pag. 75. n Pag. 99. o Pag. 101. p Pag. 128. q Part. 2. Pag. 16. r Part. 1. Pag. 97. Ibid. The Kirks Testimony against Toleration Pag. 10. Scobell's Acts Pars. 2. Pa. 340. Useful Case of Conscience Pa. 19 20. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 P. 207. Ibid. a Scob. Acts Pars. 1. Pa. 37. b Pa. 135. c Pars. 2. Pa. 104. d Pa. 175. e Pa. 372. Kings Declar. Decemb. 26. 1662. Pa. 8. His Majesty's Speech to Both Houses Feb. 18. 1662. Pa. 5. Ibid. Pa. 7. Pa. 8. Ibid. Pa. 8. Pa. 9. Pa. 8. Pa. 9. Pa. 10. Pa. 11. Ibid. Pa. 12. Pa. 13. Ibid. Pa. 14. Ibid. Sermon Iu● 15. 43. pag. 53 51. Pa. 16. Pa. 17. Pa. 17 18. ☞ Davila Delle Guer. Civ di F●an Lib. 10. Ibid. Lib. 14. Strada de Bello Belgico Lib. 5. The subject of Humane Power Eccles. Polit Lib. 1. Pa. 7. a Parker Goodwin Rutherford Milton c. b E. Cal. Noble-mans Pattern pa. 45. c E. C. Phoenix pa. 158 159. d Rutherfords Due Right of Presbyteryee Pa. 485. e Ibid. p. 488. f Mr. Manion's Smectymnuus Publisht since his Majesties Return pa. 58. ☜ Essay of Atheism E. Calaus Serm. Dec. 28. 1662. Pa. 21. Pa. 19. Psal. 73. v. 12. Essay of Unity of Religion Numb 24. 16. Numb 16. 1. V. 3. V. 32. V. 35. V. 41. V. 49. a Rom. 2. 22. b By the Familists c By the Antinomians d Rutherford Lex Rex p. ●1 a Goodwins Right and Might Pa. 10. b Lex Rex Pa. 265. c Lex Rex Pa. 324. d Pa. 269. e Pa. 334. f Pa. 324. g Pa. 273. h Ibid. i Ibid. k Lex Rex Pa. 152. l Ibid. a Right and Might b Tenūre of Kings Pa. 24. c Defence of the Kings Sentence P. 34. d English Translation of the Scottish Declaration Pa. 18. e Pa. 22. Printed for Francis Tyton who has Published as much since the King came in Chillingsworths Safe Way Pa. 57. Rom. 7. 23. Chilling● Safe way P. 104. a Rutherfords Due Right of Presbyt p. 356. b Ibid. p. 352. c Ibid p 407. d Ibid. p. 415. d Ruth Free Disp. pag. 36. Ruth Free Disp. pa. 27. Resuscitatio Pa. 189. Common-wealth Stated P. 72. Milton's Tenur P. 32. Goodwin's Defence of the King's Sentence P. 53. Parker's Scotlands Holy War P. 17. Policy of Princes P. 33. Robert Douglass Sermon in 51 and in the Phoenix P. 52. English Translat P. 18. Flesh Expiring c. P. 26.
if your Principles prove not Altogether as Intolerable as your Practices by Intolerable I mean Inconsistent with the Publique Peace Ze. Sure you 'll send me to my Catechism again Conf. Nay Marque me I will make it so clear to ye that You your Selves shall Confess that Sedition flowes as Naturally from your Ordinary and Receiv'd Opinions as Corrupt Waters from a Poyson'd Fountain and not as an Accident neither attendant upon Your Separation but as a form'd and excogitated Design wrapt up and Coucht in the very Mystery of your Profession Ze. ' Wou'd you 'd be pleas'd to unvail the Mystery you speak of Conf. In Obedience I 'll Endeavour it The most Sacred of All Bonds is That of Government next to That of Religion and the Reverence which we Owe to Humane Authority is only Inferiour to That which we Owe to God Himself Yet such is the Deprav'd State of Nature that Every man is touch'd with an Ambition more or less to gain to Himself some share in the Command of the Whole and from hence proceed Those Struglings of Particular Persons which we so frequently meet with in Opposition to the General Lawes and Ends of Order and Society So soon as This Private Humour has Emprov'd and Ripen'd it Self into a Design the first Maxim which appears in favour of it is This that The Less Obligation must give way to the Greater as for Instance Reason of State must give place to Matter of Religion and Humane Lawes to the Law Divine which being Duly Weigh'd what has any man more to do in Order to the Embroyling of a Nation but to perswade the People that This or that Political Law has no Foundation in the Word of God to bid them Stand fast in the Liberty wherewith Christ has Made them Free and finally to Engage the Name of God and the Voyce of Religion in the Quarrel Ze. And do not You your self believe it Better to Obey God then Man Conf. Yes but I think it Best of All to Obey Both to Obey God for Himself in Spirituals and Man for God's sake in Temporals as he is God's Commissioner But let me Proceed Are not you Convinc'd that the most likely way in the world to stir up Subjects against their Prince is to Proclaim the Iniquity of his Laws to tell them in Effect that They 'll be Damn'd if they Obey and in a word to make the Rabble Judges of their Governours Ze. Well but what 's This to Us or Our Opinions Conf. I wish it were not but to Couch the whole in a Little Shew me if you can where ever your Opinions yet gain'd Footing in the world without Violence and Bloud Shew me again Any One Sermon or Discourse Authoris'd by a Non-conformist from 1640. to This Instant that presses Obedience to the Magistrate unless where the Faction was Uppermost which shrew'dly intimates that Your Principles are Inconsistent with your Duties and that the very Grounds of Your Government are Destructive of any Other Ze. Make That appear if you can Conf. I will so and I think we shall not need to travail out of his Majesty's Dominions to Prove it Come Zeal You 're of the Classical way and You Scruple of the Independent Produce Your Doctors but let them be the Pillars of your Cause such Persons as upon whose Judgment and Integrity You 'll venture the Sum of the Dispute Ze. Soft and fair I beseech ye what is 't you undertake to do Conf. I do undertake to prove that the Opinions of the Non-conformists to say no worse will very hardly admit a Toleration and Now By whom will ye be Try'd Ze. What do ye think of Rutherford Conf. I suppose you mean the Divinity-Professour of St. Andrews Iohn Goodwin I remember calls him The Chariot of Presbytery and the Horsemen thereof In Truth you have pitch'd upon the Atlas of your Cause But hear the Rabbi in his own words The Power of the King is but Fiduciary The Soveraign Power is Eminently Fontal●ter Originally and Radically in the People The King is in Dignity Inferiour to the People There is a Court of Necessity no less than a Court of Iustice and the Fundamental Laws must Then speak and it is with the People in This Extremity as if they had no Ruler Ze. Well but Rutherford is but One man I believe you 'll find Gillespy of another Opinion Conf. Assure your Self Friend Mine they all sing the Same Song Let not the Pretence of Peace and Unity cool your Fervour or make you Spare to oppose your selves unto these Idle and Idolized Ceremonies against which we Dispute For Whensoever you may omit that which Princes enjoyn without Violating the Law of Charity you are not holden to Obey them for the Majesty of Princely Authority Are not These Sons of Zeal worthy of Encouragement think ye You 'll say perhaps Gillespy is but One Man neither Come Come I could shew ye Hundreds of Them and if you 'll but read Spottswood's History of the Church of Scotland and his Late Majesty's Large Declaration Printed in 1639. ye shall need go no further for satisfaction To pass over the Desperate Opinions and Contrivances of Particulars as Willock Knox Melvil Gibson c. Let us look a little into their more Solemn Actions and read the Temper of the Kirk in their General Assemblies 1. An Assembly is Independant either from King or Parliament in Matters Ecclesiastical 2. An Assembly may Abrogate an Act of Parliament if it any way reflect upon the business of the Church 3. It is Lawful for Subjects to make a Covenant and Combination without the King and to enter into a Bond of Mutual Defence against Him 4. The Major part of the Kingdome especially being met in a Representative Assembly may do any thing which they take to be Conducing to the Glory of God and to the Good of the Church not only Without the Royal Authority but Expresly Against it Were 't not a Thousand Pitties now to refuse This Tender Sort of Christians a Toleration Ze. Nay In good truth I never lik't the Extreme Rigour of the Scottish Discipline Conf. And yet 't was That you Leagu'd and Covenanted to make your Pattern but where do you Expect to Mend your Self under That Form of Government Ze. Truly I take our English Divines of that Iudgment to be very Pious Moderate Persons Conf. Never a Barrel better Herring That is If they come once to Dip into the Controversie Ze. Do not you take Mr. for a very sober well-weigh'd Person Conf. Take you the Measure of him from his own Hand If a People bound by Oath shall Dispossess their Prince and Chuse and Covenant with Another they may be Oblig'd by the Latter notwithstanding their former Covenant The real Soveraignty among us was in King Lords and Commons and if the King raise War against such a Parliament in That Case the King may not only be
in the Main Controversie Where do ye find that Kings Reign upon Condition of Ruling Righteously Or that we owe them less After Misgovernment than we did Before Scrup. But do ye say we are bound to Honour an Idolatrous Prince Conf. Yes yes the Prince you are bound to Honour though not as an Idolater Shall the Vice or Error of the Person blemish the faultless Dignity of the Order By That Rule the world must Continue without a Government till we can find Men without Failings Scrup. So that you allow I perceive of Distinguishing betwixt the Person and the Office Conf. Betwixt the Frailty of the One and the Sacredness of the Other I do for Kings Command as Gods though they Iudge as Men but I do no more allow of Dividing the Person of a Prince from his Authority then of Dividing his Soul from his Body Scrup. And I beseech ye what is that which you Call Authority Conf. To tell ye Only that it is Gods Ordinance falls short I believe of the Scope of your Question Wherefore take This in Surplusage It is the Will and Power of a Multitude Deliver'd up by Common Consent to One Person or More for the Good and Safety of the Whole and this Single or Plural Representative Acts for All. Take This along with ye too The Disposition of such or such a Number of Persons into an Order of Commanding and Obeying is That which we call a Society Scrup. What is the Duty of the Supreme Magistrate Conf. To procure the Welfare of the People or according to the Apostle He is the Minister of God for a Comfort to Those that Do Well and for a Terrour to Evill-Doers Scrup. How far are his Lawes binding upon his Subjects Conf. So far as They that parted with their Power had a Right over Themselves Scrup. Whence was the Original of Power and what Form of Government was First Regal or Popular Conf. Power was Ordain'd of God but Specify'd by Man and beyond doubt the First Form of Goverment was Monarchique Scrup. Nay Certainly the Popular Form was first for How could there be a King without a People Conf. So was the Son before the Father you 'll say for How could there be a Father without a Son But the Question is First Was the World ever without a Government since the Creation of Man Secondly Whether was first in the World One Man or More I see well enough what 'tis You 'd be at You would fain advance the Popular Form above the Regal which if ye could 't were Nothing to our purpose for we are not upon the Form of Government but upon the Latitude of Humaene Iurisdiction be the Sovereignty where it will and that it extends to whatsoever God has left Indifferent is my Assertion If you Deny This You Overthrow All Government as is already prov'd and if you Grant it we are at Liberty for the next Enquiry which is concerning SECT XII The Bounds of TOLERATION with some Reflections upon SCHISM and SCANDAL Conf. IT is already agreed that Government is a Divine Ordinance and Order according to the Reverend Hooker is only A Manifestation of the Eternal Law of God So that I think a Man may safely pronounce upon This Allowance First that What Principle soever is Manifestly Destructive of Government or but rationally tending to Confusion cannot le of God Secondly Every Man is to Content himself in his Station as being no farther accomptable than for what 's committed to his Charge Under These Two Heads will be found if I mistake not whatsoever belongs to the Political Part of our Debate We are here to enquire not how far Toleration may be Convenient or otherwise but how far Warrantable and Lawful and I find it by a Reverend and Learned Prelate brought to This Standard In the Question of Toleration The Foundation of Faith Good Life and Government is to be Secur'd Wherein is compris'd a Provision and Care that we may live as Christians toward God as Members of a Community toward one another and as Loyal Subjects toward our Sovereign Now if you 'll admit Opinions to be only so far Tolerable as they Consist with These Duties of Religion Morality and Society We have no more to do but to apply Matters in Controversie to the Rules of Piety and Good Manners and to the Ends of Government Scrup. ' T is True were Men Agreed upon Those Rules But we see Several Men have Various apprehensions of the same thing and that which One Man takes for a Rule Another Counts an Errour Conf. By your Argument we shall have no Religion because Men Differ about the Right No Bible because Men Disagree about the Meaning of it No Rule in fine at all to square our Actions by till Truth and Reason shall be Establisht by a Popular Vote The Law says Worship Thus or So use This Form That Ceremony Posture Habit c. The Libertine cries No 't is a Confinement of the Spirit an Invention of Man a Making of That Necessary which God left Free a Scandal to Tender Consciences c. And Here 's Authority Concluded as to the Manner of Worship So for the Time How do They know when Christ was Born or Crucify'd Nay They have much adoe to call to Mind when the Late King was Murder'd but the Relief of Taunton and the Repulse They gave the Cavaliers at Lyme This They can very well Remember and Celebrate Those Daies of Mercy with a most Superstitious Gravity and Form The Churches Fasting-Daies They make their Iubilees and still it happens that Their Consciences and the Law run Counter 'T is the same Thing as to the Place Command Them to Church They 'll tell ye there 's no Inherent Holiness in the Walls the Hearts of the Saints are the Temples of the Lord. Is not God to be found in a Parlour as well as in a Steeple-House In fine What 's their Plea for All This but that This is One Mans Iudgment That Anothers This or That may be Indifferent to You but not to Mee What 's Indifference to Christianity This sickly Humour opens a door to as many Controversies as there are Men it leaves Authority naked and exposes the Law to any mans Scorn that shall think fit to Scruple his Obedience To conclude This Lawless Liberty Razes the very foundation of Government it creates as many Religions as there are several Phansies and briefly the Assertors of This Liberty are of the Number of Those that are not upon any Terms to be admitted within the Pale of a Toleration Scrup. Shall the Magistrate make me Act against my Conscience Conf. Shall the Subject make Him Tolerate against His But to proceed There are that place the Soveraignty in the Diffusive Body of the People that hold it Lawfull for the Subjects to enter into Leagues and Covenants not only Without the Soveraign's Consent but Against his Authority that call upon the People in the Pulpit to Assist
you Zea. But would you have That Probability Govern by Unquestionable and Authoritative Conclusions Conf. By any means Ye do nothing else for where Controversies are Inevitable and Concord Necessary what can be more Reasonable than to chuse the most Competent Iudge of the Matter in Controversie for the Concluding Umpire of the Controversie it self Scrup. But a man may Iudge Probably in One Case and Improbably in Another Suppose the Determination to be manifest Errour or Injustice would you have the same Submission pay'd to 't as if it were Equity and Truth Conf. Yes to the Determination though not to the Errour You are to stand to the Authority of the Sentence without Contesting the Equity of it for Right or Wrong 't is a Decision The Principal Scope and sure end of a Reference is Peace the Hopeful Event and Issue of it is Righteous Judgment Is it not well then to be Sure of the One and in so fair Hopes of the Other Put it to the Worst You are not bound to be of the Judge his Opinion but to be over-rul'd by his Authority neither do you undertake that he shall Judge wisely as to the Subject of the Question but that he shall Judge Effectually as to the purpose of the Reference Scrup. This Resignation may do well in Cases of Civil Interest but it will hardly hold in matters of Conscience Who shall pretend to Iudge of my Conscience beside God and my self Conf. The Scripture which is the Rule of all Consciences shall be the Iudge of Yours But the Question is not What your Conscience IS but what it OUGHT to be not what your Private Judgment Says but what the Scripture Means and the thing I strive for is a Judge of That A Iudge of the Rule of Faith which I take to be all out as Necessary as a Iudge of a Political Law You cannot but Allow that there are Diversities of Opinions as well in Religion as concerning Secular Affairs and such is our Corruption that we draw Poyson even from the Fountain of Life and the Word of God it self is made the warrant of all Crimes and the Foundation of all Heresies Look behind ye and you may see a Prince Murther'd by his Subjects Authority Beheaded by a pretended Law and All This Defended by a Text. The Church Dovour'd by a Divided Ministry the Government Overturn'd by a Solemn League and Covenant to Support it An Arbitrary Power Introduc'd by the Patrons of Liberty and Charity it self extinguish'd for the Advancement of the Gospel We have liv'd to see as many Haeresies as Congregations and among Those of the Classical way a Consistorian Sarutiny Exercised beyond the Rigour of a Spanish Inquisition We have seen some that Abhor Idols committing Sacriledge Christ's Kingdome cry'd up till his Divinity is deny'd Strictness of Life Inculcated till the very Rule of it the Decalogue it self is Rejected And Blasphemy hunted out of the Tavern into the Pulpit In short what Sin and Misery have we not known and felt since under the Form of Liberty of Conscience This Freedome of a Private Spirit came in Vogue Nor are we ever to expect better from it till all men shall conspire to do the same thing where every man is left to his own Gust to do what he pleases and whence flowes all This Mischief and Confusion but from a Licence of wandring from the Rule Shew the People a Written Law They 'll tell you of a Law of Nature and distinguish betwixt The Politique Power they have given the King and the Natural Power which they Reserve to Themselves Bid them Reverence the King as the Supreme Governour They 'll Answer you No Hee 's but the Servant and Vassal of the People his Royalty is only a Virtual Emanation from Them and in Them Radically as in the first Subject According to Rutherford Parker Goodwin Bridges Milton and a hundred more Come to the Point of Non-Resistence and you shall hear that Wheresoever a King or other Supreme Authority creates an Inferiour they invest it with a Legitimacy of Magistratical Power to Punish themselves also in case they prove Evil-doers Yea and to Act any other thing requisite for the Praise and Encouragement of the Good If it be demanded in what capacity the King may be Resisted hear Rutherford again The Man who is King may be Resisted but not the Royal Office The King in Concreto may be Resisted but not the King in Abstracto But in what Manner may he be Resisted and by what Means He may be Resisted in a Pitch'd Battel and with Swords and Guns That is his Private will may be Resisted not his Legal Will Neither is he Present in the Field as a King but as an Injust Invader and Grassator If he chance to be slain 'T is but an Accident and who can help it Hee 's Guilty of his own Death or let them Answer for 't that brought him Thither The Contrary Party is Innocent But This Resistence is only Justifiable I hope in Magistrates or Authoritative Assemblies as Parliaments c. Rutherford sayes Nay to that All Powers must be serv'd with the same sauce if they Abuse their Trust. The People can give no Other Power then such as God has given Them and God has never given a Moral Power to do Ill. All FIDUCIARY Power Abus'd may be Repeal'd and Parliamentary Power is no Other which if it be Abus'd the People may Repeal it and Resist them Annulling their Commissions Rescinding their Acts and Denuding them of their Fiduciary Power even as the King himself may be Denuded of the same Power by the Three Estates and Goodwin tells us in Little that All Humane Lawes and Constitutions are made with Knees to bend to the Law of Nature and Necessity Well but suppose the Prince has the good hap to scape Gun-shot and only to become a Prisoner You have no Law to Try him by He has no Peers what course will you take with him Milton's opinion is that Every Worthy Man in Parliament might for the Publique Geod be thought a Fit Peer and Iudge of the King and Goodwin Dogmatizes that where there is no Opportunity for the Interposure of other Iudges the Law of Nature and of Nations allows every man to Iudge in his own Case Parker comes homer yet There never was says he a greater Harmony of the Lawes of Nature Reason Prudence and Necessity to warrant any Act then may be found and discern'd in That Act of Iustice on the Late King Now if you 'll see a piece of Treason crown'd with Blasphemy carry your Eve Four Pages farther God himself had Eclips'd yea Lost the Brightest Beam of his Divine Glory that ever shin'd on this Lower World if he had not some way or other brought That Person to some Eminent and Praeter-natural Punishment Me thinks These Practices should put you
and your Cause out of Countenance Scrup. You must understand that though my Reason lies against Uniformity yet I 'm no Advocate for Anarchy and 't is with Non-conformists as with Other People there are Good and Bad of All Sorts But to go with the Moderate Would you have All mens Consciences Govern'd by the same Rule when 't is Impossible to bring them All to the same Mind Conf. Better Particulars suffer for Incompliance with the Publique than the Publique suffer for Complying with Particulars Uniformity is the Ciment of both Christian and Civil Societies Take That away and the Parts drop from the Body one piece falls from Another The Magistrate for Order's sake requires Uniformity You and your Associates Oppose it upon a Plea of Conscience and the Question is Whether He shall Over-Rule Your Opinions or You Over-Rule His Authority This Dispute begets a War for want of a Iudge and to Prevent that Mischief I offer that a Iudge is Necessary Or put it Thus You and I Differ and Possibly we are Both of us in the Wrong but most certainly we are not Both in the Right and yet neither of us but thinks well enough of his own Opinion What 's to be done in This Case shall we wrangle Eternally Scrup. No Wee 'll rather put the matter to Arbitration Conf. Well! but the Arbiter himself is Fallible and may Mistake too or let him have the Wisdome of an Angel he cannot please us Both for That which seems Right to the One will appear Wrong to the Other Shall we stand to his Award what ever it be If not take into your Thought These Consequences You Refuse to submit because 't is Wrong I may refuse by the same Reason though it be Right for every Man's Reason is of Equal Force where there is no Common and Representative Reason to Bind All So that by your Reckoning Every man is in the Right to Himself and in the Wrong to all the World beside every man's hand is against his Brother and his Brother 's against Him At least if I deceive not my self in my perswasion that Nature never produc'd Two persons in all points of the same Judgment Now if you can neither deny Confusion to be the Natural Effect of This Liberty of Judgment nor the want of a Regulating and Decretory Sentence to be the manifest Cause of This Confusion I hope you 'll Grant me the Necessity of an Unaccomptable Judge Scru. Is not the Word of God a sufficient Iudge Conf. No That 's no Iudge but a Rule for Christians to Iudge by and the Great hazard lies upon the Meaning of That Rule What swarms of Heresies have Over-spread This Land since the Bible has been deliver'd up to the Interpretation of Private Spirits Scrup. You say well if you could direct me to a Iudge that we might All Relie upon Conf. And You say something too if you could make appear that None at All is better then the best we have or that Popular Errours Numberless and Inevitable with the Dissolution of Communities to boot are to be preferr'd to the few and only Possible Failings of Authority attended with Peace and Agreement But to come to the short of the Question This is it Whether will you rather have One fallible Iudge or a Million of Damnable Heresies Scrup. Truly as you have reduc'd it to a Certainty of Peace the One way and to as great a Certainty of Discord the Other to a Certainty of Many Errours without a Iudge and to a bare Possibility of some few with One I am content in this Particular to think a Final Iudge Necessary Conf. If you find it so in the Church sure you will not Dispute it in the State especially against an experience too the most forcible of all Reasons We were never troubled with Constructive Necessities with Cavils about the Receptacle of Power and the Limits of Obedience with Distinctions betwixt the Political and the Natural Right of the People the Legal and Personal Will of the Prince and betwixt the Equity and Letter of the Law till Judgment was forc'd from its Proper Course and Channel and the Decision of Right and Wrong committed to the Frivolous and Arbitrary Determinations of the Multitude Scrup. Pray'e by your Leave I am as much for a Iudge as You but not for One Judge to All Purposes nor I confess for any Iudge so Absolute as you would have him Conf. I tell ye again A Iudge and no Absolute Judge is No Judge and you shall as soon find the End of a Circle as of a Controversie by such a Iudge Nor is it my Meaning that One Iudge should serve for All purposes Scrup. Will you Divide your Matter then and Assign to every Judicable Point his Proper Judge Conf. You say well For truly I do not take the Magistrate to be any more a Judge of My Conscience than I am of His. Scrup. 'T is very Right and it were an Encrochement upon the Prerogative of God Himself for him to Challenge it Conf. How comes it now that we that Agree so well i' the End should Differ so much ' i th' Way to 't But I hope the clearing of the next point will set us Through-Right For after the setling of the Iudge we have nothing further to do but to Submit and so wee 'll Forward SECT XIV The Three great Iudges of Mankind are GOD MAGISTRATES and CONSCIENCE Conf. SOme things we do as Men other things as Men in Society and some again as Christians In the first place we are acted by the Law of Individuals which Law is in the second place Subjected to That of Government and Both these Lawes are in the third place Subordinate to That of Religion i. e. the Law of God's Reveal'd Will. So that the Three great Judges of Mankind are God Magistrates and Conscience Man as consisting of Soul and Body may be again Subdivided within Himself Take him in his Lower Capacity and hee 's sway'd by the General Law of Animal Nature but in his Divine part you 'll find him Govern'd by the Nobler Law of Refin'd Reason which Reason in some Respects may be call'd Prudence and in others Conscience according as 't is variously Exercis'd The things which we do purely as Men abstracted from any Ingredients of Policy or Regulated Religion are either Natural Actions Prudential or Moral Of the First sort are Those Actions to which we are prompted by a Natural Impulse in order to the Conservation of Life and Beeing Of the Third sort are such Actions as we perform in Obedience to Moral Principles which are no other than the Divine Will veil'd under the Dictate of Humane Reason and betwixt These Two lies the Region of Middle Actions that is of such Actions as although not of simple and strict Necessity either to Life or Virtue are notwithstanding Useful and Commodious for the Guidance and Comfort of the One and for the Practice of the Other The Accurate