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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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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
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
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
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 RESOLVED I. That no Conscience upon such a Supposition or Case can finde a safe and clear ground for such resistance II. That no Man in Conscience can be truly perswaded that the resistance now made is such as they themselves pretend to that pleade for it in such a case III. That no Man in Conscience can be truly perswaded that such a case is now that is that the King will not discharge His trust but is bent to subvert c. Whence it followeth That the resistance now made against the higher Power is unwarrantable and according to the Apostle Damnable Rem 13. Also that the shedding of bound in the pursuit of this resistance is Murder By H. FERN D. D. c. Wo unto them that call evill good and gool evill that put Darknesse for Light and Light for Darknessae Isa. 5. 20. O my Soule come not thou into their secret Gen. 49. 6. Printed at York by Stephen Bulkley 1642. To all Misse-led People in this Land HE that in these times will speak any thing to the People in behalf of the King is likely to doe it upon disadvantage and be heard with prejudice but they that would be profitably informed by what they heare must lend an equall Eare to what is spoken which I hope you will do being such for the most part as professe to make a conscience of your wayes I desire therefore of you into whose hands this Treatise shall come that you would receive it with mind and affection answerable to that wherewith it is offered to you free from partiality and private respects that you would consider Cases of Conscience are written out of Conscience And were a distressed Prince a fit object for flattery or this kind of instruction capable of such language yet is this a time for every man to informe and speak his Conscience and as many of you as shall reade me in this book will I hope conceive I had no other purpose in the publishing of it then to give testimony to the truth for the directing of your Consciences and the discharge of mine own I have therefore written it plainly without affectation of curiosity having a respect onely to your profit the Learned through the Land are sufficiently persawded and I may asure you all Ages have asserted this truth out of which I could have drawn a cloud of witnesses and presented them to your sight but thought it more expedient for your direction to shew you the cleare light of Divine Scripture and rectified Reason the onely rules of Conscience and if by these you shall be brought to see the crookednesse of the New Doctrine of these times and the uneven dangerous windings of this way of resistance I have gained the end of my desires and you have not lost by it One thing I must note as strange that to discourse upon this argument shouldbe thought as it is by many a worke altogether beyond the profession of the Divine Indeed popular States-men have alwayes held it very impolitick and unreasonable that Subjects should not in dangers imminent have means to save themselves by a Power of resistance and accordingly framed their principles and grounds of State as unquestionable We examine not the power or wisdome of Law-makers but when we receive their Law Declaration or Command and know it in terminis understand it in the sense it be its certainly it belongs to the Divine to consider whether it be against Gods Law and accordingly to instruct his people If it be agreed upon as a thing known in this State that the King is the higher Power according to St. Paul the Supreme according to St. Peter the Father of the Commonwealth according to the fifth Commandement surely it belong to the Divine to urge obedience honour and subjection according to those place and reprove resistance forbidden there Which obedience we acknowledge to be limited and circumscribed by the established Laws of the Land and accordingly to be yeilded or denyed to the higher Power if those Laws be not repugnant to the Law of God And for Resistance as we have not yet heard of any Law of the Land that commands or warrants it so we know that were there any Law or Ordinance made to enjoyn it such would not bind being against the Apostles expresse prohibition back'd with arguments drawn from the very reason of Goverment as shall be shewen in this following Treatise Be they who they will that present you with imminent dangers and work upon your fears that tell you of Fundamentall Lawes and give you rules of policy to captivate your reason when all that 's done it is the Divine that must settle the Conscience which will not be quiet if in yeilding obedience to any Law or Ordinance it comes to a suspicion that such an Ordinance of man entrencheth upon the word of God Let me tell you for I suppose you follow this way in the simplicity of your hearts how you are wrought upon by them that mis-leade you You are dealt with according to your generall desire of the continuance of true Religion and the Subjects Liberty not according to the particular grounds of safety which conscience doth require You are told the Gospel and your Liberties and all you have are in most imminent danger and without taking Arms for the defence irrecoverably lost and that this is lawfull by the Fundamentals of this Kingdom You must take all this upon trust without an expresse and particular warrant to rule and secure your Conscience against the expresse words of the Apostle forbidding resistance Rom. 13. You professe your selves enemies to Popery and good reason for it but why should you therfore be enemies to your King that declares against it too I would you could observe how under pretence of keeping out Popery you are led in this way of r●sistance by the like steps that brought Popery in For examine your hearts and try if the name of Parliament which is of honourable esteem with all be not raised to the like excesse of credit with you as the name of the Church is with the Papists if you have not within you a silent thought of infallibility in that great Councel and so with an implicit faith are ready to receive and maintaine what ever is concluded there if you be not drawn to believe your Prince is minded to overthrow Religion and upon such a supposall or beleif according to the very method of Jesuitical practises to take up Arms against him If you do not rest satisfied with your generall intention of a good end that is the defence of Religion not examining the meanes you now use to compasse that end like those that for the advancing