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A35998 The vnlavvfulnesse of subjects taking up armes against their soveraigne in what case soever together with an answer to all objections scattered in their severall bookes : and a proofe that, notwithstanding such resistance as they plead for, were not damnable, yet the present warre made upon the king is so, because those cases in which onely some men have dared to excuse it, are evidently not now, His Majesty fighting onely to preserve himselfe and the rights of the subjects. Diggs, Dudley, 1613-1643. 1643 (1643) Wing D1462; ESTC R10317 134,092 174

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hand or purse in the evills which are brought upon him and the whole land Betray not your bad tempers so ●arre that it should appeare you will do more for feare then love lest your base natures may induce hereafter a stricter governement when experience doth demonstrate the worst masters have the best servants Let not his lenity which doth deserve to find friends be the onely cause he hath so many enemies If I must direct my speech as unto cowards for you have no excuse for disloyalty but your feares consider with your selves how God hath blessed his servant with three potent and successefull Armies all of them raised with such disadvantages as they clearly speake an immediate providence giving testimony to the sincerity of his many sacred protestations beside many hopefull Seminaries in divers Countries and thousands of gallant Gentlemen and brave spirits in other Shires now unfortunately situated O tristi damnata loco who wait for an oportunity to revenge their tame suffering hitherto and the unworthy usage from fellow Subjects If notwithstanding all this you could unreasonably flatter your selves with being the stronger side yet you have juster and greater feares elsewhere which ought to give Law to your cowardise which hath betrayed your alleagiance For what would it profit you if you should save your houses from being plunder'd though this is the most probable way to hazard your estates which are forfeited to the King cannot be escheated to them and loose your soules for which the whole world is but a base price There is evident danger in fighting against the King but the Apostle threatens certaine destruction because you fight against your owne consciences Their severall exceptions and corrupt glosses by which they endeavour to avoyd this plaine obligation of non resistance I shall meet with in the fourth section The practise of primitive christians is a faithfull commentary upon these texts The duty not to resist proved further by the practise of the more innocent ages of the Church And certainly their authority who witnesse to their owne disadvantage teaching submission though to tyrants under which they cheerefully suffered according to Christs example ought to prevaile with us above any moderne writers who have broached a doctrine very seasonable for some places and occasions but unknowne to those innocent times when Christianity thrived upon suffering and gained as much by patience as it is likely to loose by stubbornnesse that it is lawfull for inferior Magistrates say some and this from the fundamentalls of government for the people others tells us and this from the law of nature to right themselves by force if the supreme Magistrate deny to do it and so faile of that trust which was committed to him for the good of others These principles lately taken up open a faire way for advancement of private ends by disturbance of publique peace either upon reall which oft times are or at least pretended faults in governours which shall never be wanting whilst there are ambitious men who want preferment and desire to have what others are possest of and make it a reasonable cause to endeavour innovation because they may be bettered by the change In what an unhappy State do we live if such a number upon pretence we are not so well governed as we might be that is they have not so great a share in the government as they could wish for and since the greater part can never be satisfied we cannot hope for peace and quiet shall be enabled to force the King to recede from lawes and in the roome of those knowne and standing rules to give us uncertaine temporary ordinances The Emperours were for the most part very bad but especially to the Christians they were hard masters Though the Romans counted it the highest gallantry to shake off the yoke when it galled them and did oft rebell in the cause of liberty and it is a sad thing that this pagan bravery should be preferred to the tamenesse which Christ injoyned to his followers of all good actions the murder of a tyrant is most commendable sayes one Euseb Philad dial 2. And Buchanan thinkes it a defect in policy that rewards are not allotted for such meritorious deeds yet the Christians could never be tempted by their greatest sufferings to joyne in any conspiracy Tertullian professes their innocency and he is to be looked upon in this case not as a single witnesse but as one that wrote in the name of all his Apologetique is the sence of the whole Church We may be confident of the truth because it was a matter of fact and we have no reason to suspect he could be so vainly impudent as to present that in their justification which must be evidently convinced of falsehood He makes a bold challenge and desires them to produce if they can one example of any Christian taking part with rebells Such as Cassius Niger Albinus Cleander Aelius Letus the Pretorian souldiers who murdered Pertinax Stephanus and Parthenius were It is manifest these were not traitours out of wantonnesse there were just grounds for heavy complaints under Domitian Commodus and Septimius Severus all bloudy tyrants Yet the Christians were better catechised then to thinke resistance lawfull when they were oppressed by those whose duty it was to have protected them Their unanimous confession is nos judicium Dei suspicimus in imperatoribus qui gentibus illos praefecit I shall give you the sense of it at large We kisse the hands which wound us though they have not any cause to doe such things yet there is too much cause why we should suffer them we must acknowledge our sinns towards God and he may punish them in what way he thinkes fit We cannot deny but we have deserved as great afflictions and shall we who are guilty be stubborne when patience is required though we were most innocent The example of Christ is made our law and in him no sin was found We cannot suffer more nor boast lesse demerit If we did serioussly consider it we could not hate the worst governours for we have no reason to be angry because they do things to our advantage and certaine it is if we submit with patience their sins further our salvation their faults encrease our glory What pitty is it they should goe to Hell for that which procures us a higher place in heaven Nay what uncharitablenesse is it in us to cut them off in their sin and so send them thither And it is a sad meditation to think that we shall follow because we could not indure their company here we take a course to live together eternally miserable Cyprian inforces this meeknesse with excellent reason God saith he to Demetrian is the revenger of his injur'd servants in which this argument is implyed Vengeance belongs unto the Lord and except we can produce his Commission our private justice will damne us animam in vulnere in our enemies wounds our soules will bleed to
which States are setled overthrowne if the people be made Judges of their safety and allowed to use any meanes which they fancy conducing thereto without any consideration of the ground-workes Populi salus suprema lex is the Engine by which the upper roomes are torne from the foundation and seated upon fancy onely like Castles in the aire For the safety of the people is really built upon governement and this destroyed the other non jam aedes sed cumulus erit will be soone swallowed in the common confusion but this is evidently and demonstrably ruined by these principles For government is an effect not of a people 's divided naturall powers but as they are united and made one by civill constitution so that when we call it supreame power we impose an improper name and have given occasion for mistakes yet I shall not endeavour to alter the common use of speaking but onely to prevent a misunderstanding of it because indeed this power is simply one and when it doth expresse it selfe by one person or more according to different formes who yet are but severall parts of one governour there is not left in the Kingdome or Common-wealth any civill that is any legall power which can appeare in resistance because all of them have bound their naturall hands by a politique agreement Hence it followes those that will allow any power to Subjects against their ruler let it be Liberty to resist those in whom the Law places jus gladis the right of the sword destructive to the very nature of governement one man or many united by one common forme which is the consent of the major part and this is not capable of division do thereby dissolve the sinewes of government by which they were compacted into one and which made a multitude a people and so breake the Common-wealth into as many peices as they have set up opposers against it For there cannot be two powers and yet the Kingdome remaine one This is that which distinguishes Francs and England and Spaine from one another because they have three powers legally distinct and are the same in relation each to other as three particular men meeting in some wildernesse and considered as not having agreed to any Lawes of Society I am fully perswaded no sober man can imagine the policy of this State is so defective as to open a necessary way to its owne ruine that is to divide the Kingdome legally in it selfe and therefore it must necessarily be granted those that take up armes being not authorized so to do by law are guilty of rebellion and the consequences of it murder and rapine It is very easy to determine whom the Law hath armed with power because not any part of the people not the two Houses but the King alone is sworne to protect us which is an evident argument he is enabled to effect this end and that the necessary meanes to compasse it which is the posse regni is at his disposall By these generalls throughly digested and rightly applied we shall be able to rule particular decisions I shall desire one thing especially may be remembred as which hath great influence upon all cases Though what is truly the right of any one doth not cease to be so naturally by anothers sentence to the contrary yet after positive constitutions upon a Judges decision he can challenge no title to it because by his owne deed and consent he passeth it away in that judiciary determination And equity and prudence both dictate that it was a most honest and reasonable agreement as conducing to publique peace and the quiet of mankind that persons publikely constituted and more unconcerned in the decisions should put an end to all debates Because otherwise the controversie was not likely to be ended but with one of the parties For each man out of naturall favour the strongest corruptive of judgement inclining to his owne Interest there was nothing left but force to determine it There cannot be a more unhappy administration of Justice then when strength is made the measure of right and when all Iudges are bribed as passing sentence to their owne advantage §. 1. THe following Section shall be spent in proving the proposition by which the consciences of all Subjects must be directed It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome is placed and no dispensation grounded upon what persons soever as inferiour Magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of rebellion Upon this pillar not onely monarchy stands firme but all other governements are equally supported the generall reason being applicable according to the difference in severall formes In the third Section I will bring the case home to our selves by proving this assumption The King of England hath this supreame power and then I shall leave it to every mans conscience to inferre the conclusion therefore it is unlawfull to make resistance against their Soveraigne In the fourth Section I will answer all the evasions how plausibly soever founded which I could meete with in the severall writings of those men who though they strike at the King downe right and more immediately yet by plaine and evident cousequences they destroy all civill society By way of conclusion I will shew though such a power of resistance as they or any others have yet openly pleaded for should be granted lawfull as when in their owne defence or when he that hath the highest authority and is bound by the law of God and his owne oath to administer justice equally yet after frequent representations of their grievances and most just Complaints of their great sufferings affords no redresse yet this can be no justification of the present warre against the King nor acquit the Actors in it from being rebels Because this case is evidently not now as will appeare after a view taken of the causas of this unnaturall and illegall division The proposition to be proved is It is unlawfull to resist him or them in whom the supreame authority that is all the legall power of the Kingdome in order to raise armes is placed and no dispensation grounded upon what persons soever as inferiour magistrates or upon any cause as the extreame abuse of this power to their oppression can excuse such resistance from the sin of Rebellion I make no question every man will apprehend that by resistance here Differences betweene not obeying against law and hostile resistance to a lawfull Soveraigne is meant only hostile opposition and not a refusall to put unjust commands measured by divine or humane laws in execution for the truth is if they are or seeme repugnant to Gods law for then they are so really in respect of those who have that apprehension idem est esse apparere in this case of good and bad because whatsoever is not of