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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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that plead for it and therefore Conscience cannot admit such a resistance as is made now adayes III. If Conscience could be perswaded that it is lawfull in such a case to resist and that this rising in arms is such a resistance as they say may in such a case be pretended to yet can it never if it be willing to know any thing be truly perswaded that such a case is now come that i● That the King refuse to discharge his trust is bent to overthrow Religion c and therefore Conscience cannot but resolve this opposition and Resistance to be unlawful unwarrantable and according to the Apostle damnable and that people running into arm without sufficient warrant commit murder if they shed blood in the pursuit of this Resistance and perish in their own sinne if die in the cause SECT. II. FIrst then that the Principle is untrue upon which they go that resist and that Conscience cannot find clear ground to rest upon for making resistance for it heares the Apostle expressely say Whosoever resist shall receive to themselves damnation and it cannot find any limitation in Scripture that will excuse the Resistance of these dayes The exception or limitation that is made is taken from the Persons resisting and the Causes of resistance thus They that are Private persons and do resist upon any cause receive damnation but the States or representative body of the whole people may resist upon such or such causes But how will this satisfie Conscience when every distinction or limitation made upon any place of Sripture must have its ground in Scrpture this has onely some examples in Scripture that come not home to the cause and some appearances of Reason which are easily refuted by clearer Scripture and Reason The examples alledged are I. The peoples rescuing of Jonathan out of the hands of Saul Answ. Here the people drew not into arms of themselves but being their at Sauls command did by a loving violence and importunitie hinder the execution of a particular and passionate unlawfull command II. Davids resisting of Saul Answ 1. Davids guard that he had about him was onely to secure his person against the cut-throats of Saul if sent to take away his life 2. It was a meere defence without all violence offered to Saul therefore he still gave place as Saul pursued and did no act of hostility to him or any of his Army when they were in his power 1. Sam. 26. But thirdly because they gather out of the 1. Sam. 23. 12. that David would have defended Keilah against Saul if the inhabitants would have been faithfull to him We say that 's onely an uncertain supposition not fit to ground Conscience in this great point of resistance also to this and all other Davids demeanours in his standing out against Saul we say his example was extraordinary for he was anointed and designed by the Lord to succeed Saul and therefore he might use an extraordinary way of safeguarding his Person These are the cheif examples They make use also of the high Preists resisting the King in the temple and Elisha's shutting the doore against the Kings Messenger that came to take away his head and the like which speake not so much as the two former having no appearance of such resistance as is implyed in the question 〈◊〉 we answer 1. That of the high Preist is more pertinently applyed to the Popes power of excommunicating and deposing Kings then to this power of resisting now used but truly to neither For he did no more then what every Minister may and ought to do if a King should attempt the administration of the Sacrament that is to reprove him to keepe the Elements from him Ambrose Bishop of Milan withstood the Emperour at the entrance of Gods house not by Excommunication much lesse by force of Arms but by letting him understand he was not fit for that place there to be made partaker of the holy things till he had repented of that outrage and bloudshed at Thessalonica Upon which the Emperour withdrew The Preists here are said to thrust him out of the Temple but we must note Gods hand was first upon him smiting him with leprosie and by that discharging him of the Kingdome also It is added in the Text yea himselfe also hasted to go out But enough of this 2. Elisha's example speakes very little But let us thence take occasion to say That Personall defence is lawfull against the sudden and illegall assaults of such Messengers yea of the Prince himselfe thus far towards his blow to hold his hands and the like nor to endanger his person not to return blows no for though it be naturall to defend a mans selfe yet the whole Commonwealth is concerned in his person as wee see in the Commonwealth of the creatures one particular nature will defend it selfe against another but yeild to the universall If this be drawn from Personall defence to the Publick the Argument thus If the body naturall then the body politick may defend it selfe if a private person much more the whole State may and they do but shut the way up against the King that comes to destroy his Parliament and take away their heads We answ As the naturall body defends it self against an outward force but strives not by a schisme or contention within it selfe so may the body politick against an outward power but not as now by one part of it set against the Head and another part of the same body for that tends to the dissolution of the whole Again Personall defence may be without all offence and does not strike at the order and power that is over us as generall resistance by Arms doth which cannot be without many unjust violences and does immediately strike at that order which is the life of a Commonwealth And this makes a large difference twixt Elisha's shutting the doore against this Messenger and their shutting up the way against the King by armed men nor can they conclude upon such an intention in the Kings heart without the spirit of Elisha He professeth he intends no violence to his Parliament nor has be taken away the head of any of theirs that have fallen into his power nor does desire any other punishment inflicted upon any that do oppose him then what a Legall triall shall adjudge them to which no good Subject ought to decline Now let us see how Scripture excludes this and all other exceptions giving no allowance to resistance in regard of Persons or Causes or other pretenses and this not onely by Examples but by Precept Conclusions Resolutions which are more safe First we have the two hundred and fifty Princes of the Congregation gathering the people against Moses and Aaron Numb. 16. 3. and perishing in their sinne If it be replyed the Persons indeed were publicke but there was no cause for it Moses and Aaron did not deserve it I answer but the other supposed they did and that is
of the Catholick cause as they call it attempt any thing however unjust even to the destruction of Kings that are set over them this blindnesse is Popish and practice Jesuiticall Lastly examine your hearts if you be not confirmed in your way by the number of your Professour like as they are by the Universality of their Church resting upon the person of men not trying the Cause it selfe by the touchstone of divine Scripture and rectified Reason I know it prevails with many thousands of you because you see as you thinke and use to say All good people that have sense of Religion and Conscience of their wayes do go along with you and you cannot beleive that God would suffer them to be so generally deluded let me tell you you do hereby very uncharitably conclude upon all those that run not with you to the like excesse and I may say without breach of Charitie they that appear with you in the Cause would not all be found such as you conceive them to be if they were examined by the true marks of Christian profession that is by the true doctrine of faith by their charitie honestie obedience meeknesse of Spirit and the like without which your Religion is vain whatever your exercises or performances of duties be the Pharisees righteousnesse will exceed yours and his frequency and length of prayer will be as sure a mark as yours nay the Anabaptist at this day will out-do you in any of your forms of godlinesse I do not speake this against the frequent and sincere performance of holy duties God forbid I should Nor do I speak it of you all I know there are many good and Conscientious men that go your way in the simplicitie of their hearts as those did that followed Absolom whom the just God suffers hitherto to be deceived that even by their example this power of Resistance may gather strength to the just punishment of this sinfull land and that they themselves when their eyes shall be opened which I hope will be ere long may see their own weaknesse and be so much more humbled for it In the meane time you are according to the blindnesse of a Popish way in all the former respects carried on against all rule of Conscience for you have neither certain knowledge of your Princes heart to resolve for resistance upon a supposall of such intentions in him nor have you any certain rule to warrant the lawfulnesse of resisting upon such supposall and to secure you against the Apostles prohibition and damnation laid upon it nor have you any judgement of Charity in concluding such intentions in your Prince against His deepest Protestations made in such times of His distresse and without that all is nothing though you lay down as you think your life for Religion How much safer would it be for you to be guided by the sure Rules of Conscience and if it should please God to bring upon you what you fear to suffer unjustly then in the unwarrantable prevention of it to do unjustly To this purpose shall you have this Treatise speaking to you for the direction of your Consciences If you think it strikes too boldly upon any thing concerning the Parliament I desire yours and their favourable interpretation fain would I silence every thought and word that may seem to reflect upon that high Court but what is necessary I must speak for truth and conscience sake from which neither King nor Parliament should make us swerve We are taught that Kings must not be flattered and the people ought to learn that Parliamens must not be Idolized that has been often charged as a fault upon the Clergy and This I fear is that sinne of the People which together with the licentiousnesse indulged back again to them ha's moved God to blow upon that wish'd for fruit we might have reaped by this so desired a Parliament For when I see Man is more sensible of every breach of his own rights and priviledges then of those unparallel'd breaches so frequently made upon Gods publike Worship I cannot but think the Lord will require it of this Land and when I see right and just subverted property and liberty exposed to the will and power of every one that is pleased to conceive his Neighbour a Malignant and able to make him so by commanding his Goods and Person I cannot but complain with the Psalmist The foundations of the Earth are out of course and appeal to Heaven Arise O God judge thou the Earth And I trust that albeit this Spirit of seduction may prevaile a while and this way of resistance prosper for the great but just punishment of this sinfull Land the Lord will look downe from Heaven and make Truth and Peace again to flourish out of the Earth will look upon the Face of His Anointed and by this Affliction as by a loving correction make him great Great to the maintenance of Gods true Religion and to the restoring of the Peace and prosperity of this Kingdom And Let all the People say Amen The Contents Sect. I. THe explication of the Question and generall Resolution of it Sect. II. The Principle or Ground on which they goe for Resistance examined by Scripture Their chief Examples to which should have been added Libnah's revolt answered now in the last Sect. Scriptures against them especially that of the 13. to the Rom. urged and cleared where shewed The King is that higher Power That all are forbidden to resist even the Senate which by the fundamentalls of that State might challenge as much as our great Councell can That prohibition concerns all times and was good not onely in that State because they were absolute Monarches but in all States because of the preservation of Order which should be in all and was good not onely against the Christians because their Religion was enected against by Law but also against the Senate and People though they were enslaved Sect. III. Their principle examined by reason Of Fundamentalls their ground-work according to the pleaders for resistance is the originall of Power from the People and their re-assuming it when the Prince will not discharge his trust The Power it selfe distinguished from the designing of the Person and the Qualification of it in severall forms of Government is from God as an ordinance or constitution under that providence whereby God rules the whole World Creatures reasonable as well as unreasonable Sect. IV. That Power cannot be forfeited to the People or re-assumed by them They cannot prove it by vertue of the first election or by any capitulations or covenant or the Oath between Prince and People Sect. V. Nor can it be proved by that necessity of means of safety which should be in every State to provide for it self but greater dangers and inconveniences would follow by such means of safety as are pretended to by resuming the Power Sect. VI The Examination of the Resistance now made Where shewen that it is
now enough it seems to make people not onely say to their Prince You take too much upon you but therfore to rise in arms also which I hope will appeare to be without cause too in the end of this Treatise Secondly see for the cause of Resistance 1. Sam. 8. 11. there the people are let to understand how they should be oppressed under Kings yet all that violence and injustice that should be done unto them is no just cause of resistance for they have no remedy left them but crying to the Lord v. 18. Thirdly we have not onely Example but Resolution and Conclusion our of Scripture The people might not be gathered together either for Civill assemblies or for war but by his command that had the power of the Trumpet that is the supreme as Moses was Numb. 10. Also when David had Saul and his army in his power he resolves the matter thus Who can stretch out his hand against the Lords annointed and be guiltlesse 1. Sam. 26 9. If replyed now they intend not hurt to the Kings person yet might nor they as well have hurt his person in the day of battell as any of them that were swept away from about him by the furie of the Ordinance which puts no difference 'twixt Kings and common souldiers This also I must observe concerning this point of Resistance out of the Old Testament for from thence have they all their seeming instances That it is a marvellous thing that among so many Prophets reprehending the Kings of Israel and Judah for Idolatrie cruelty oppression none should call upon the Elders of the people for this duty of Resistance But lastly that place of the Apostle Rom. 13. at first mentioned does above all give us a cleare resolution upon the point which now I shall free from all exceptions First I may suppose that the King is the Supreme as S. Peter calls him or the higher power as S. Paul here though it be by some now put to the question as one absurdity commonly begets another to defend it but I prove it S. Peters distinction comprehends all that are in authoritie The King as supreme and those that are sent by him 1. Pet. 2. 12 in which latter rank are the two Houses of Parliament being sent by him or sent for by him and by his Writ sitting there Also by the Oath of Supremacy it is acknowledged That there is no power above him without or within this Realm and that he is in all Causes and over all Persons Supreme Also acknowledged by the Petitions of the two Houses addressed unto his Majestie wherein they stile themselves His loyall Subjects But enough of this Secondly in the text of the Apostle All persons under the higher Power are expressely forbidden to resist For whosoever in the second verse must be as large as the every soul in the first and the resistance forbidden here concerns all upon whom the subjection is injoyned there or else we could not m●ke these Universals good against the Papists exempting the Pope and Clergy from the subjection Thirdly in those dayes there was a standing and continuall great Senate which not long before had the supreme power in the Romane State and might challenge more by the Fundamentalls of that State then our great Counsell I think will or can But now the Emperour being Supreme as S. Peter calls him or the higher power as S. Paul here there is no power of resistance left to any that are under him by the Apostle This for the persons that should resist all are forbidden Now consider the Cause Fourthly was there ever more cause of resistence then in those dayes were not the Kings then not onely conceived to be inclined so and so but even actually were enemies to Religion had overthrown Laws and Liberties and therefore if any should from the Apostles reasons that he gives against Resistence in the 3 4 5 verses For rulers are not a terrour to good works but evil and he is the minister of God to thee for good reply That Rulers so long as they are not a terrour to the good but minister for our good are not to be resisted the consideration of those times leaves no place for such exception because the Powers then which the Apostle forbids to resist were nothing so but subverters of that which was good and just If it be replyed that prohibition was temporary and fit for those times as it is said by some I answer 1. This is a new exception never heard of I think but in these times 2. It is groundlesse and against the Text for the reasons of the prohibition in the 3 4 5 6 verses are perpetuall from that order that good for which the Powers are ordained of God which will be of force as long as there is government and will alwayes be reasons against resistence because resistence though it be made against abused Powers as then they were doth tend to the dissolution of that order for which the power it selfe is set up of God By which also that other distinction of theirs is made void when as they reply as they think acutely That they resist not the power but the abuse of the power It is also answered by some that the Emperours then were absolute Monarchs and therefore not to be resisted I answer They did indeed rule absolutely and arbitrarily which should have according to the principles of these dayes been a stronger motive to resist But how did they make themselves of Subjects such absolute Monarchs was it not by force and change of the government and was not the right of the people and Senate according to the Principles of these dayes good against them with as much or more reason then the right of the people of this Land is against the succession of this Crown descending by three Conquests And this I speak not to win an Arbitrary power or such as Conquerours use unto this Crown but onely to shew that resistence can be no more made against the Kings of England then it could against those Emperours Nay with lesse reason against them then these Lastly it is replyed That Christian Religion was then enacted against by Law but the Religion contended for is established by Law I answer But is the Religion established denied to any that now fight for it Shall the Apostles prohibition be good against Christians in the behalfe of actuall Tyrants persecuting that Religion and not against Subjects freely enjoying the Religion established Or may Protestants upon a jealousie resist a Protestant King professing the same Religion and promising to conserve it entire to them 2. The prohibition does not onely concern Christians but all the people under those Emperours and not onely Religion was persecuted but Liberties also lost the people and Senate were enslaved by Edicts and Laws then inforced upon them and they according to the principles of these dayes might resist notwithstanding the Apostles prohibition and the Laws then forced