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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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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
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
not so much as they themselves pretend to who plead for it either for the generall and unanimous consent of the Kingdome for it was not so agreed upon or for the defensive way of it because the King is upon the defensive For He was not first in Arms and the Contentiom must needs appeare to be for something the King hath right to hold or is bound by oath to maintain Also because to any Mans Conscience it will appeare to he an oppugnation rather then a resistance or meere defence Sect. VII The case is not in being No Conscience can conclude the King to be what they would have him supposed because the jealousies are groundlesse The King hath done sufficient to clear them by Promises Protestations acts of Grace And Conscience if it hold the rule of Charity will not against all those conclude contrary intentions in him upon them to ground resistance but will if it will not not be partiall judge the King hath offered such reasonable meanes of securitie to this State as ought to have been apprehended rather then this Kingdom embroyled in a Civil war and Ireland neglected Lastly a Conscience that concludes for resistance wants the perswasion of faith and the judgement of charity in an high measure and cannot appeare safely at Gods tribunall The Resolving of Conscience Touching the unlawfulnesse of the War and Resistance now made against the KING LAmentable are the distractions of this Kingdome and the more because they gather strength from the name and authority of that which as it is of high esteeme with all so should it be a remedy to all these our distempers a Parliament and from the pretended defence of those things that are most dear unto us Religion Liberties Laws Whereupon so many good people that have come to a sense of Religion and godlinesse are miserably carried away by a strange implicit faith to beleive that whatsoever is said or done in the name of a Parliament and in the pretended defence of Religion Liberties Laws to be infallibly true and altogether just But he that will consider men are men and would seek a surer rule for his Conscience then the Traditions or Ordinances of men taken hand over head shall upon reasonable examinations find upon what plausible but groundlesse principles upon what fair but deceiving pretences upon what greivous but causelesse imputations laid upon Majestie it self poore people are drawn into Arms against the duty and allegiance they owe to their Prince by the Laws of God and man For directing the Conscience in such an examination this ensuing Discourse is framed as briefly and plainely as the matter will permit SECT. I COnscience in resolving upon a question first layes down the Proposition or Principle or Ground on which it goes then it assumes or applyes to the present case then it concludes and resolves as in this question affirmatively for Resistance thus Subjects in such a case may arm and resist But that case is now come Therefore now they may and doe justly resist Or negatively against Resistance either by denying the Principle Subjects may not in such a Case arm and resist therfore now they do not justly resist Or by admitting the Principle and denying the Case Subjects in such a case may arm and resist But that case is not now Therefore now they do not justly arm and resist What it is that Conscience is here to admit or deny and how it ought to conclude and resolve this ensuing Treatise will discover which that it may more clearly appeare we will premise First That in the Proposition or Principle by the word Resistance is meant not a denying of obedience to the Princes command but a rising in arms a forcible resistance this though clear enough in the question yet I thought fit to insinuate to take off that false imputation laid upon the Divines of this Kingdome and upon all those that appeare for the King in this cause that they endeavor to defend an absolute power in him and to raise him to an Arbitrary way of government This we are as much against on his part as against Resistance on the subjects part For we may and ought to deny obedience to such commands of the Prince as are unlawfull by the Law of God yea by the established Laws of the Land For in these we have his will and consent given upon good advice and to obey him against the Laws were to obey him against himselfe his sudden will against his deliberate will but a far other matter it is to resist by power of arms as is in the question implyed and as we see at this day to our astonishment first the power of arms taken from the Prince by setting up the Militia then that power used against him by an army in the field Secondly we must consider that they which pleade for Resistance in such a case as is supposed do grant it must be concluded upon Omnibus ordinibus regni consentientibus that is with the generall and unanimous consent of the Members of the two Houses the representative body of the whole Kingdome also they yeild it must be onely Legitima desensio a meer defensive resistance and this also Conscience must take notice of Thirdly it is considerable that in the supposition or case it is likewise granted by them that the Prince must first be so and so disposed and bent to overthrow Religion Liberties Laws and will not discharge his trust for the maintaining of them before such a Resistance can be pretented to And although the question is and must be so put now as that it seems to straiten the Case and make it depend upon the supposall of the people yet it so much the more enlarges the falshod of the Principle for it plainly speaks thus If subjects beleive or verily suppose their Prince will change Religion they may rise in arms whereas all that have pleaded for Resistance in case of Religion did suppose another Religion enjoyned upon the subject first We will therefore endeavour to cleare all for the resolving of Conscience in these three generalls I. That no Conscience upon such a case as is supposed can find clear ground to rest upon for such resistance as is pretended to but according to the rules of Conscience What is not of faith is sinne and In doubtfull things the safer way is to be chosen Conscience it will find cause to forbeare and to suffer rather then resist doubtfull I say not that a Conscience truly informed will not clearly see the unlawfulnesse of this Resistance but because no conscience can be truly perswaded of the lawfulnesse of it and so that Conscience that resolves for it must needs run doubtingly or blindly upon the work II. That the resistance now used and made against the Prince is not such as they pretend to either for that generall and unanimous consent that should precede it or that defensive way that should accompany it according to their own grants
offices of State and such like Also the Government of the Church and the Revenue of it In the three former he challenges his right as his Predecessours had the other he is bound by Oath to maintaine as by Law they are established Well if these be attempted and his Majesty will not be forced from them cannot yeild them up but it comes to Arms then will Conscience easily be convinced the King is upon the defensive for the maintaining of what he justly holds his right or is bound by Oath to defend And if we hearken to the peoples voice for that commonly speaks the mind of their leaders we shall hear them usually call this Warre as they did that with the Scots The Bishops Warre His Majesty has indeed alwayes declared against the altering of the Government of the Church by Bishops being such as it alwayes had since the first receiving of the Christian Faith in this land and of all other Governments simply the best if reformed from abuses and corruptions that have grown upon it to the purging out of which His Majesty is alwayes ready to agree But be it the Bishops Warre though the abolishing of that Government be but one of the many inconveniences which this Power of resistence doth threaten this Land with and which the King has reason by Power of Arms to divert whether is it so just in Subjects by Arms to force a change of Government which was alwayes in the Church and by Law established as it is in the King to defend the same as he is bound by Oath it is clear which of the two are upon the defensive The second particular by which the defensive way of this resistance is to be examined was the managing of this Warre on their parts whether so void of acts of Hostility as that defensive way should be which they pretend to Davids resistence made against Saul is frequently alledged by them which example though it will not countenance their cause as was shewed before yet might it tell them their demeanor should be answerable He offered no act of violence to Saul but still gave place and withdrew from him the Spear indeed and the Cruse David tooke away from the Kings head but it was onely to shew Abners neglect who had the Command of Sauls Militia and to testifie his own integrity therefore he restored them before they were demanded 1 Sam 26. But now the Kings Spear and his Cruse his Ammunition and His necessary Provisions are taken away intercepted not restored though often demanded used against Him with all advantage nay he is stript of the very Power and Command of Arms His Officers and Ministers thrust out and other substituted and by them His People drawn into Arms against Him Also by these that are in resistence against the King His Loyall and Peaceable Subjects are assaulted despoiled of their Arms Goods Estates their Persons Imprisoned because they would according to their Allegiance assist Him in this extremity or would not contrary to their Conscience joyn with them against Him What Conscience that will not follow this way with a stupid implicit faith can be perswaded that this Warre is the defence of the Subjects Liberties and not rather an oppugnation of them or that it is a meer resistence or withstanding of a force first made against them and not rather a violent illation or bringing in of force upon those that were disposed to Peace Therefore no Conscience that ha's a sense of Religion or of that which is just and right between Man and Man can beare a part in this resistence for fear of that sentence of damnation which the Apostle ha's laid upon it SECT. VII BUt in the last place if Conscience could be perswaded that it is lawfull upon such a case as they make to take Arms and resist and that this rising in Arms is such a defensive resistence as in such a case they seem to pretend to yet how will it be perswaded that the Case is now that is That the King is such as the people must be made to believe he is unles it will as desperately offend against the rule of Charitie in so concluding upon the King as it does against the rule of Faith and Perswasion in admitting so uugrounded a principle as is now rested on for resistence so that such a Conscience shall have in its perswasion neither certainty of Rule for the principle it goes on is false nor certainty of the Case for it knows not the heart of the King to conclude for resistence upon supposals of his intentions and in its judgement it will be altogether void of Charitie Indeed it concerns all such as will resist upon the principles now taught to render their Prince odious to his people under the hatefull notions of Tyrant Subverter of Religion and Laws a Person not to be trusted or at least as one seduced to such evil designes by wicked Counsel But what Hath this King forbid the exercise of the Religion established or left off to professe it himselfe hath he disclaimed his trust or not upon all occasions promised justice and libertie to his Subjects Yea but they have cause to fear Popery will prevail and that he will not stand to his promises It seems thy are men that would be loath to suffer for their Religion they are so ready to fly to Arms to secure themselves But shall subjects rise in Arms against their Prince upon such remote fears and jealousies as these will appear to be When can such be wanting in turbulent minds When shall the Prince be assured of safety This was the way that David himself was shaken out of his Throne and driven from Jerusalem by Absolom This cunning Rebell steals away their hearts by raysing jealousies in them and an evill opinion of Davids government 2. Sam. 15. 3. Some ground it seems he had for his treacherous plea through the negligence of those that were under David but it was his villanie to make use of it to the alienating of the People from their King Accordingly let us now consider what slender grounds our People have for their fears and jealousies then what security they have and mightt have against them that it may appear how causelesse those jealousies are in themselves how unjust causes of this resistence If we examine the fears and jealousies that have possessed the People we shall find them to be raised upon these or the like grounds Reports of Forraign Power to be brought in The Queens Religion The resort of Papists to His Majesty His intercepting of means sent for the reliefe of Ireland from whence the People by their good teachers are made to believe that He means to enslave this People re-establish Popery and does comply with the Rebels In answer to all which I needed not to say more then what Michael the Arch-Angell to the Devill that arch-accuser The Lord rebuke thee Jude 9. but in particular For such reports of invasion from
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