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A67624 An answer to certain observations of W. Bridges, concerning the present warre against His Majestie whereby hee pretends to justifie it against that hexapla of considerations, viz. theologicall, historicall, legall, criticall, melancholy, and foolish : wherein, as he saith, it is look't upon by the squint-eyed multitude. Warmstry, Thomas, 1610-1665. 1643 (1643) Wing W879; ESTC R38489 56,563 74

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offence of Authority is whatsoever is committed against the State spoken like a Politician And what is this to your purpose The great offence of Authority you say is whatsoever is committed against the security of the State And I say so too and inferre upon it that therefore that designe which you are about and would justifie is one of the great offences against Authority for what greater offence against the security of the State then to incense a people to rebell against their Governour or to teach them to trample under foot that supreame power of the Magistrate and those Lawes of the Kingdome upon which the safety and security of the State is established Talke what you will of the danger and oppression of a tyranny you may see if you will in the fruit of this your bloudy designe that one rebellion and civill warre may bring in more mischiefe against the safety and security of the State then halfe a dozen Tyrants would likely have done for shew me any Tyrant that ever reigned in this or any other Kingdome that by his single oppression brought a Kingdome to the sixth part of that consusion that this ungodly designe now on foot hath brought our Kingdome unto Great complaint there was of the tyranny of Ship-money and Loanes c. and are they not all reduced But for my part I care not who knowes my minde though I cannot justifie the things nor those that advised them yet I conceive it had beene much better for us to have borne Ship-money Loanes Monopolies and many more oppressions then to have changed those burdens for such a confusion as is now brought into the State which is like without Gods great mercy to end in the ruine and destruction of the Nation And therefore you are no good Counsellor for the safety and security of the State for though that grand principle which is so much abused be admitted for true That Salus populi suprema lex yet I can tell you it will make little for your purpose since it is no way for the safety of the people as you see written in bloud before your eyes upon Edge-hill and at Braynceford many other places that they should enabled to take up Armes against their Prince as often as they shall fancy or be perswaded by any others that meane to plough with them for a crop to their owne ambition That the Prince hath broken his covenant with them or transgressed the limits and bounds of his Government The peoples safety is never at greater hazzard then when it is put into their owne hands shew me a Common-wealth that ever suffered so much in the gripe of a Tyrant as many have done by the feet of a multitude otherwise your Observation will be turned against your self And your owne penne will condemne you for a great offender against the security of the State when you incense the people to maintaine Sedition you see the Malignants are but little the wiser for this your second Proposition I come to your third Heathens tell us that the wise must give as much to the Law as may be but to the Law-giver as little for sayes he he is a man subject to passions may be miscarried c. Had I a minde to cavill I could quarrell at your Grammer But let that passe Heathens tell us you say Well said it is very well done Heathens are fit Authors for such an heathenish businesse But yet you must deale electively amongst them you may not take them all at adventure some are too honest to countenance your businesse and that 's not well where Heathens must correct Christians And truely I doubt you have mistaken your choice here for what I pray you doe these Heathens tell you That the wise must give as much to the Law as may be but to the Law-giver as little because he is a man subject to passions What doe you meane by the Law if you meane the authenticall constitutions of the Kingdome made by the King with advice of the two Houses of Parliament The quarrell is then His Majesties and ours who doe complaine that there is too little given unto the Lawes That they are vilified and despised battered downe and demolished by I know not what arbitrary and illegall Ordinances give you and your party the Law its due and there will be quickly an end of the quarrell then the King shall have His Rights and praeeminences acknowledged which the Lawes doe give Him and the Subjects shall have their rights and liberties made good and their lives secured from plunder and violence which the Lawes allow them then those offenders that have violated the Lawes shall be brought to condigne punishment Then Brownists and Separatists depravers of the Common-Prayer-Booke and all rebellious and seditious people shall have their due portions that the Law gives them and in that distribution I doubt you would have little cause to rejoyce Then the Militia of the Kingdome shall be restored into His hands unto whose trust the Law hath committed it Then new Lawes shall not be made without the royall assent of His Majestie Then treason shall be treason againe and loyalty shall be loyalty againe Then the good Subjects of His Majestie shall not be imprisoned or spoyled of their goods or deprived of their lives without a due and a legall tryall Then there shall be no Supersedeas'es sent out to prohibit or interdict a legall proceeding against any routs or riots in Southwarke Then Habeas Corpus'es shall be granted unto the Subject upon just and legall causes without any quarrell against the Judges But alas that 's the cause that we groane that you give so little to the Law I would you were so good an Advocate as to perswade those whose part you seeme to act to re-establish the Law in its full and authenticall force and I thinke the King and his party will aske no more of you But you deale deceitfully with the Law as well as with His Majestie you talke much of it you speake it faire you give it good words but in the meane time you make too little account of the force of it it is with your party no better then Sampsons withes or cords at best you use it but as a leaden Lesbian rule bending it and bowing it to your owne purposes and things never go right when the structure is made the measure of the rule But I would faine know what you here meane by the Law-giver whose portion you would have to be so straitened as little as may be to be given unto him Doe you meane by the Law-giver the King I thanke you for that then for sure that is your meaning But truely in my opinion you deserve to be complained of to the Close Committee for giving so much as that stile imports unto His Majestie for if the King be the Law-giver then the Legislative power is not in the Houses but in the King for there must be but one Law-giver
you that some of them are carried and so may be miscarried by more passions than their owne or else aske the Londoners Give me leave only to mind you of one thing more and I have done with this proposition That if there be little to be given to the Law-giver by that wise rule of the heathen surely much lesse is to be given to the Subject and then your proposition is not much for your turne Hitherto you see you edifie but little the malignants may be as malignant as ever for ought you have said yet for their conversion But perhaps there 's more weight behind well we 'll endeavour to poyze it if there be let us see then what 's your fourth proposition The law say you is the common surety betweene the King and the subject I say so too and wish its credit had beene so good that its word might have beene taken something better than it hath beene it might have beene better security both to King and Subject as some thinke than the publike faith I pray you restore it unto its credit if you can and the King will be no looser by it no nor the subject neither But to helpe our dull understandings you tell us what you meane when you say the law is the common surety c. that is to say say you it binds me to pay the King tribute That 's strange why doe you not doe it then and perswade others thereunto Sure you nodded here you had sate up late about the contrivance of these propositions so zealous were you for the good of the poore foolish malignants if they would but be guided And here your eyes grew heavie and your pen it may be for want of their guidance fell a wandring towards the truth for you seeme here to speak here in the person of a subject And your sense is equivalent to this that the law bindes the subject to pay the King tribute what is it then I beseech you tell me for though I am a malignant I am willing to learne what is it I pray you that bindes or allowes the Subject not only not to pay the King tribute but to rob him of his revenue to interrupt his rents to make seizure of his goods to ransack make spoyle of his exchecquer Do you know what you have said or whom you here accuse surely if the law binde the subject to pay the King tribute there is no law that allowes the subiect to rob him of his rights Nay you are not content with that neither but you say it bindes you to pay the King tribute c. What are you mad now Take heed of that I beseech you why as sure as can be you are hired by the malignants to plead the Kings cause under pretence of opposing him Doe you not yet know what a danger us thing an c. is certainly you stole this out of the late Canons The Law bindes you to pay the King tribute c. why in this c. you may binde the subiect to pay obedience too as well as tribute and so bring in the heresie of the Christians amongst us againe and root out that wholesome doctrine of the Galileaus Nay by this c. you may take off the edge of all those swords that are lifted up against him I pray you bethinke your selfe hath not the Correctour of the Presse abused you you may doe well to get an order for the turning him out of his place if he hath for this is directly the language of Ashdod as some thinke but we take it indeed to be the language of Canaan if it be rightly interpreted and the very sense of our Saviour sure you forgot what you had lately written out of your heathen That this law giver must have as little as may be given unto him But perhaps you 'll make him pay deare enough for it and that ere you have done he shall have little reason to brag of your bounty I confesse I thinke so Well but how doe you make amends why you have bonds for the King too I pray you let them be golden chaines and then I doubt not but he 'll be willing to weare them The law you say bindes the King that I shall enjoy my protection your meaning is that the subject shall enjoy his protection for I hope you doe not meane to monopolize protection your sense then is that the King is bound by the law to protect the subject take heed then you prove not a rebell for then I shall tell you that your proposition will not hold in those termes that you render it The King is not bound to protect rebels but the subiect he is I doubt not but he 'll confesse it yea I am confident would most willingly yeeld it But I pray you mistake not the law bindes the King so that in dutie he is bound to performe it and if he doth it not he is answerable unto God for it who will most certainly bring him to an account But let me tell you withall once more for your instruction that he is answerable unto God alone since he who is acknowledged to be supreme Governour and only supreme Governour in all his dominions hath none other above him but God alone nay none in his dominions equall unto him And sure they that are below him have no power to judge him and if not to judge him neither to correct him or who I pray you hath made the subject his ruler or is a Common-wealth reversed now the onely fashion for a State what authority hath the inferiour to call the superiour to an account doth the Steward use to call the Master to a reckoning or where is the Tribunall at which the King must be judged Or in whose name shall the Indictment be made against him or the Writs goe forth for the execution of judgement Or what if the King please to grant himselfe a pardon sure you must ee'ne be content to leave the King unto the judgement of the Lord yea and to leave his heart unto his guidance too The last refuge of the Subject is to make his complaint unto God And Kings have reason to take good heed how they give occasion of such complaints for they are like to meet with an impartiall Judge that regardeth not the person of Princes But for the Subject to take upon them to force the King their supreame Governour to his duty or to take upon them to correct him is to thrust into Gods office who is King of Kings and Lord of Lords the onely ruler of Princes See whose property this is Revel 1.5 17.14 19.16 See whose vertue it is that hath that name written upon it King of Kings and Lord of Lords And take heed how you goe about to cloath any other in his garment or to part it amongst any Or how you invest any other with His Authority for He will not give His glory to another But alas His Majestie is
therefore to resist your Prince which is your Supreame is the most wicked of all resistance And the Apostle gives you a reason because it is the ordinance of God and it is shewed before that resistance even in such case where the Magistrates commands are not according to the Law of God or man is a resistance of the power as well as of the will of the Magistrate and therefore is not to be undertaken sub poenâ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 under paine of judgement or damnation and they that like the wages let them set up the worke Besides this is to put a sword as it were into every offenders hand to provide for his owne life or freedome even by the ruine and destruction of the King or Magistrate if he can but have faith enough to perswade himselfe that he is condemned contrary to the Law either of God or man and certainly he had a very dull braine that could not finde colour enough for such a perswasion in the worst case almost we can imagine especially if that old note be true Quod quisque vult id ipsum putat There needs no great strength of argument to perswade a theefe or murderer that hee ought not to be hang'd but I doubt I shall take too much paines with you There 's an end of your three Observations of the businesse as it is look't on as you say in a Theologicall consideration and for ought I see the people may looke asquint still for any thing you have yet applyed for the rectifying of their sight The next survey you are pleased to take of the matter is to correct the errours of the people in their Historicall view of it you conceive their complaints to be groundlesse when they conceive and say Never such times such taxations such presidents such a warre c. never Yes you can tell them of the twentieth part fifteenth part seventh part as in the reigne of King John and others And you cite the Chronicle too of Edw. 2. in the margent truly I have scarce leisure for the present to examine the Chronicle to confute you We reade indeed of a sixth penny levied of temporall mens goods in the time of Edw. 2. and what others you have found out in your Historicall translations it makes no great matter if they be of the same stampe But can you finde a president of a twentieth part imposed by an Ordinance of the two Houses of Parliament without and against the King and for the maintenance of so unnaturall a warre can you finde any president for those legall robberies that authenticall thee very under the name of plundering and that working of iniquity by a Law But however you seeme to take the people for pretty easie and tame fooles while you would perswade them to lie downe whil'st they are loaded because their forefathers perhaps have gone before them in suffering the like or more grievous pressures What doe you meane to prescribe for tyranny and oppression But to come to your Observations you will have those that are willing to learne to know 1. That if some be taken away it is to preserve them and the rest Answ That 's more then you can assure them rather it may seeme to be for the destruction both of themselves and the residue of their estates since it is but oyle cast into that fire which is likely if not quenched to expose all unto desolation And if those mad-men that have hitherto fed that flame with the expence of their estates were they not jurati in insaniam they have had experience enough to have beene as good as a Bedlam to them and make them now at length to grow wiser and e'en let that goe which is already gone untill the publique faith shall come to her lands and make much of that wit they have received for interest and shut up their hungry purses and coffers with that motto of the Poet Scelus est post omnia perdere naulum That they may at least keep something to bury them Yea it may prove a great blessing if those purges they have received of that over-much fulnesse which hath made them swell so much with pride to the disturbance of the State may now leave them in a more healthfull temper of humility to the quieting thereof This would enrich them much more in their mindes then they are impoverished in their estates and be an excellent recompense for all their losses But little doe you thinke what an excellent Observation this of yours might have beene had you vented it but two or three yeares sooner for the justification of Ship money And yet I doubt it would scarce have gone for weight then and we had best looke well to the scales e're we accept it for so now lest if this once goe for currant it be made a common colour for the greatest oppressions and most injurious and perpetuall taxations of the people though if it be possible more illegall than that of the imposition of the twentieth part if it be enough to beare the people in hand That if some be taken away it is to preserve them and the rest But what an age of fancies doe we live in can you tell the people who it is that would take away either their estates or their lives or if you could is there any honesty in it That you should take away the peoples goods without Law and please them by telling them no body else should robbe them Or to perswade them to throw their estates into the fire to keepe them out of the hands of theeves small comfort in this What is the next Observation to make the matter faire in the Historicall prospect The second Observation is by way of question Whether they had rather part with it to the Parliament or that and their lives too to the Cavaleirs Answ Truely this is a hard question A pittifull necessity that the poore people are brought into it were worth the while to consider who they are that have shut them up into such an uncomfortable Dilemma and what is the cause that they are so concluded and sure it is no hard matter to discerne Wee can yet remember that there was a time not long since when there was no necessity of either of these when the Royall Authority of His Majestie and the knowne Lawes of the Kingdome were in force and yeilded the due protection to the Subjects and they returned their due obedience unto them till these hedges were broken downe under the pretence of mending the gaps in them there was no roome for so sad a question And therefore the people may know whom they have to thank for it even those that for the bringing to passe of their owne ambitious and turbulent designes have removed those ancient land-markes and demolished those knowne and certaine bounds and fences and instead thereof brought in a new ambulatory uncertaine Government by Ordinances of the Lords and Commons assembled in Parliament in opposition to
it to be a freedome belonging unto him What thinkest thou Simon saith our Saviour unto Peter of whom doe the Kings of the earth take custome or tribute of their owne children or of strangers Peter saith unto him of strangers Jesus said unto him then are the children free Where our blessed Saviour proves that Caesar could not justly require tribute of him as is cleare unto any man of judgement Well what doth our Saviour doe then doth he stand upon his termes doth he send Peter unto them with an harsh denyall or command him to draw his sword and set them packing No he condescends with a non obstante to his owne freedome notwithstanding saith that blessed Master of obedience to the silencing of all rebellious mouthes least wee should offend them What Why he will have it paid both for himselfe and Peter and yet we doe not finde that so much was required but onely of our Saviour himselfe as if our Saviour would even almost supererrogate in obedience nay hee will worke wonders but he will doe it And he that would not doe a miracle to feed himselfe when he was hungry by turning a stone into bread yet he will doe a miracle to give us an example of obedience and to pay tribute to Caesar though requiring it against right by making a fish become his treasurer to supply his wants for so good a purpose The riches of the Sea shall be ransackt for it rather than he will give the least countenance to disobedience and his watry Subjects shall pay tribute unto him that was King of Kings and Lord of Lords That he being now in the forme of a servant might pay it to his vassall an earthly Prince Notwithstanding least we should offend them saith he to Peter Goe thou to the Sea and cast in thy hooke and take up the fish that first commeth up and when thou hast opened his mouth thou shalt finde a piece of money that take and give unto them for thee and me Marke I beseech you though he might have pleaded his liberty and so as you speak might seeme to wrong himselfe in condescending yet saith he lest we should offend them Vnicuique licet renunciare privilegio suo and therefore hee will rather dispence with his owne priviledge then give offence by causing a disturbance in the Kingdome or by making the least shew or appearance of disobedience to Governours thereby to bring a scandall upon the doctrine that he taught or upon the Christian religion that he came to plant in the world from whence for your conversion if it may be if not for your confusion I doubt it will be I collect this Observation against yours That wee may and ought to obey the Magistrate though commanding against the Law and so wrongfully to our owne private injury where the disobedience is like to be offensive in causing a disturbance in the State or scandall in the Church Will you have the point clearely discussed take it then thus The question is and indeed it is a maine one how the Subject is to carry himselfe toward His Majestie in case he command contrary to the Law I hope I shall give you a right determination of this doubt in these severall propositions First I grant it clearely that the King in duty ought not to command any thing contrary to the Law for the Law is unto the King as the Rule unto the Builder the Compasse unto the Pilot the Map or Card unto the Travailer whereby he ought to gage and square out all his motions and actions of regality and government and wheresoever his operations are disproportioned unto this rule they are irregular 2. The command of the King or supreame Magistrate may be said to be against the Law two severall wayes either so as that it enjoynes me to doe something which the Law forbids me or forbids me to doe that which the Law enjoynes me Which is against my duty that I owe unto the Law or else in that it commands me to doe or leave undone something which the law gives me freedome not to doe or not to leave undone which is against the priviledge that the law allowes me in the first case I ought not to obey him actively for the law of the Kingdome is the declared and deliberate will of the supreme Magistrate and therefore so to obey him were to disobey him since thereby as one hath well sayd I should disobey his deliberate will to obey his suddaine will which is unreasonable Yet in this case I must obey him passively by submitting unto the punishment that hee shall inflict upon me at least so farre as to forbeare all forcible resistance In the second case I may and ought sometimes to obey him since therein though he indeed may seeme to breake the law in commanding yet I doe not breake it in obeying sith the law though it allow me yet it doth not tie me to my priviledge and therefore forgoing it I doe not contradict my duty to the law but onely forgoe the liberty that the law gives me which I may and must forgoe sometimes at least that I may obey the command of the supreme Magistrate in case it may make for the obtaining or preserving of some greater good or for the prevention of greater evill then the preservation of my liberty can recompence As where the forgoing my freedome or priviledge in my estate may preserve some greater good unto my selfe or may make for the peace of the Common-wealth or for the preservation of some great and notable disturbance in the State or where it may further the peace of the Church or prevent scandall from our profession or impediment from the preaching of the Gospell or the like I prove it thus First à fortiori If I ought for these causes to depart from the liberty which the law of God allowes me much more then ought I in such cases to depart from the liberty which I am invested in by the law of man if from my christian liberty much more from my civill liberty But the former is cleere much more then the latter for there is no man that can reasonably deny but for peace sake and to avoid scandall I ought to dispense with my christian liberty for this wee have both precept and example precept 1. Cor. 8.8 9. Galat. 5.13 Rom. 14. from vers 12. to the end Examples wee have too and those pregnant ones as that of Paul dispensing with that liberty which he had in Christ from the ceremonies of the law for peace sake and to further the Gospell and for prevention of scandall and this wee have both in his practice and profession in his practice Act. 16.3 where wee find him circumcising Timothy for peace sake with the Jewes and that the Gospell might not be hindered and upon the same ground wee find him purifying himselfe Act. 21.26 and that by the advice of Saint Iames and the Elders his profession you may see also to