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A91298 The third part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments present necessary defensive warre against the Kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. Together with a satisfactory answer to all objections, from law, Scripture, fathers, reason, hitherto alledged by Dr. Ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / By William Prynne, utter-barrester, of Lincolnes Inne. It is this eighth day of May, 1643. ordered ... that this booke, ... be printed by Michael Sparke, senior. John White.; Soveraigne power of parliaments and kingdomes. Part 3 Prynne, William, 1600-1669.; England and Wales. Parliament. House of Commons. 1643 (1643) Wing P4103; Thomason E248_3; ESTC R203191 213,081 158

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enslave them is but a ridiculous Non sequitur There is nothing therefore in the occasions of the Apostles words which gives the least colour to disprove the lawfulnesse of such resistance or of the Parliaments just defensive war Secondly this is manifest by the whole Scope of this Text which in summe is onely this That Christians ought in conscience to l be subject to all lawfull higher Powers so farre forth as they are Gods Ordinance Gods Ministers for their good to the praise of the good and punishment of evill doers and notto resist them in the execution of their just Authority Or Christianity exempts not Christians from obedience unto faithfull Civill Magistrates to inferre from thence Ergo it is unlawfull for Christians in point of conscience to resist their Magistrates when they warre upon them to subvert Religion Lawes Liberties slay plunder them is but a meer non-sence deduction Thirdly this appeares most perspicuously from the motives to obedience and reasons against resistance of Magistrates specified by the Apostle in the text it selfe First the higher Powers must be submitted to and not resisted because they are ordained of God and are Gods Ordinance vers 1. 2. But they are ordained of God and his Ordinance so far forth only as they govern according to his Word and preserve protect Religion Lawes Liberties the persons and estates of their people They are not Gods Ordinance but the Devils when they doe quite contrary walking about like roaring Lions seeking whom they may devoure as the Devill doth According to that resolution of Bracton and Fleta Exercere debet Rex potestatem Iuri● sicut Dei Vicarius Ministeri in terra quia illa Potestas SOLIVS DEI EST potestas autem injuriae DIABOLI ET NON DEI Cujus horum operum fecerit Rex ejus minister erit Igitur dum facit justitiam vicarius est Regis aeterni MINISTER AVTEM DIABOLI dum declinat ad injuriam Therefore they are so farre forth onely to be obeyed and not resisted as they are Gods Ordinance and lawfull Magistrates not as they are tyrants and the Devils Agents we might have obeyed the evill spirits themselves whiles they continued good Angels Ergo we must not resist them now they are turned Devils is ill Logick course Divinity contrary to the 1 Pet. 5. 8 9. Iam. 4. 7. Secondly because those who resist shall receive to themselves damnation temporall or eternall since they resist Gods Ordinance v. 2. But that subiects should be temporally and eternally damned only for resisting tyrannicall Magistrates or their Cavaleers and that by authority from the Parliament when they with armed violence most impiously set themselves to subvert Religion Lawes Liberty Propertie and take away their lives against all Lawes of God and Man for which they themselves incurre both temporall and eternall damnation is such a Paradox as is no wayes warranted by but directly opposite to the Scripture Therefore it must be intended onely of resisting lawfull Authority and iust commands 3. They must be subiected to not resisted because Rulers are not a terror to good work but to evil v. 3. Now is this a reason why Subiects should not resist tyrannicall oppressing Princes Magistrats or their Instruments who are only a terror to good works not to evill who do evill and only evill continually even with both hands doubtlesse not We must not resist Rulers who are a terror to good works but to evill Ergo we must not resist Rulers who are a terror to good works not to evill as our Opposites conclude hence is to argue poi●● blank against the Apostle Ergo we may and must resist them to our powers lest we be partakers of their sinnes and punishments and become authors of Religions and the Commonwealths subversion is a more proper inference Fourthly the Apostle subjoynes this argument against resistance Wilt thou not then be afraid of the power doe that which is good and thou shalt have praise of the same Vers 3. That power is not to bee resisted which wee need not be afraid of and of whom we shall have prayse whiles we doe that which is good But this onely can bee intended of a lawfull power justly executed not of Tyrants or their ill Ministers bent with force of armes to ruine Religion Lawes Liberties who onely terrifie disgrace discountenance those that are good applaud advance none but those who are evill and as Micah writes Chap. 3. 2. 3. Love the evill and hate the good and pluck off their skin from off them and their flesh from off their bones c. Therefore this inhibition of resistance extends onely to lawfull Magistrates not to ungodly oppressing Tyrants Fiftly he is not to be resisted but obeyed because he is the Minister of God to thee for good Vers 4. But is this true of Tyrants of ungodly Magistrates bent to subvert Religion Lawes Liberties and destroy their people True of Caligula of Nero who wished all the Romans had but one necke that he might cut them all off at one stroke and purposely fired Rome to consume it beholding the flames as a most delightfull spectacle Are such the Ministers of God for our good here intended or not rather the very Pests Judgements Scourges Wolves Cut-throats destroyers of mankind and direct Antinodes to all things that are good If these be not within the Apostles definition they are without his inhibition which extends onely to such who are the Ministers of God to us for good and implies a lawfulnesse of resisting those who are the Devils Ministers to us for evill rather then Gods for good Sixtly He subjoynes this further reason of obedience and not resistance Vers 5. But if thou dost that which is evill be afraid for he beareth not the Sword in vaine for hee is the Minister of God a revenger to execute wrath upon him that doth evill which no wayes suites with a Tyrant bent to subvert Religion Lawes Liberties For he secures all evill men especially those who are instrumentall to advance his cruelty and oppressions gives liberty to all manner of wickednesses Proclaimes impunity to his ill instruments knowing that of the Poet to be true Libertas scelerum est quae Regna invisa tuetur c. He beareth the sword not onely in vaine in reference to any good end for the promoting of Gods glory and the publike good but likewise draweth it forth and useth it directly against both And is so farre from being a Minister of God or revenger to execute wrath upon them that doe evill that he is the very Minister of the Devill Tertullian Nihil nisi grande aliquid bonum a Nerone damnatum This reason then extends onely to righteous Governours in their execution of justice upon wicked malefactors wherein they must not be resisted Not to bloody gracelesse lawlesse Tyrants and their instruments who by the rule of contraries may and ought to be resisted in
all presidents in former ages in High affront of the priviledges honour power of the Parliament and Fundamentall knowns Lawe of the Realme Since which time his Majestie having contrary to his former Proclamations and frequent Printed solemne Declarations entertained not onely divers Irish Pop●sh Rebels but likewise English and Outlandish Papists in his Army and given Commissions to sundry Arch Popish Recusants to Arme themselves and raise Forces against the Parliament and Kingdom now in the field in all the Northerne parts Wales and other places and that under the Popes owne consecrated Banner as many report in defiance of our Protestant Religion designed by the Popish Party both at home and abroad to no lesse then utter extirpation in England as well as in Ireland if not in Scotland too as some of them openly professe the Parliament are hereupon necessitated to augment and recrute their forces as for the precedent ends at first so now more especially for the necessary defence of the Protestant Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre against which the Parliament and subjects are now more necessitated and engaged to desend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the Forum Suprarbiense and Justitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be instrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-weal● Videant Consules caeteri Magistratus ne quid detrimenti capiat Respublica Let the Consulls and other Majestrates fore see that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him
did not ALL ISRAEL upon Solomons death when Rehoboam his son refused to grant their iust requests at their coming to Sechem to make him king use this speech to the king What Portion have we in David neither have we inheritance in the son of lesse to your Tents ô Israel now see to thine own house David Whereupon they departed and fell away from the house of David ever after and made Iereboam King over all Israel And doth not the Text directly affirm Whenefore Rehoboam hearkned not unto the people for the cause was from the Lord that he might perform the saying which the Lord spake to Abijah unto Ieroboam the son of Nebat After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience the Word of the Lord came to Shemaiah the man of God saying Speak unto Rehoboam and all the house of Iudah and Benjamin Thus SAITH THE LORD Ye shall not go up to fight against your brethren the children of Israel return every man to his house FOR THIS THING IS FROM ME They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord. Lo here a Kingdom quite rent a way from the very house of David yea a new King and kingdom erected by the People by Gods and his Prophets speciall direction and approbation for King Solomons Idolatry Who is such a stranger to the sacred Story but hath oft-times read how God anoynted Iehu King of purpose to extirpate and out off the whole house of K. Ahab his Lard for his and Iezabels Idolatry and blood-shed in flaying the Prophets and unjustly executing Naboth for his Vineyard in performance whereof he slew his Soveraign King Ioram Ahaziah King of Iudah Queen Iezabel all Ahabs posterity his great men his Nobles and all the Priests and Worshippers of Baal till he left none remaining according to the word of the Lord which he spake by his servant Elijah 2 Kings c. 9. 10. For which good service the Lord said unto Iehu Because THOV HAST DONE WELL in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was IN MINE HEART thy children of the 4. generation shall sit on the Thron of Israel This fact therefore of his thus specially commanded approved rewarded by God himself must needs be just and lawfull nor Treason nor Rebellion in Iehu unlesse the Opposites will charge God to be the author approver and rewarder of sin of Treason Neither will it serve their turns to Reply that this was an extraordinary example not to be imitated without such a speciall commission from heaven as Iehu had and no man can now a dayes expect For since God hath frequently injoyned all grosse incorrigible Idolaters especially those who are nearest and dearest to and most potent to seduce us to be put to death without any pitty or exception of Kings whose examples are most pernicious and apt to corrupt the whole Nation as the presidents of the Idolatrous kings of Israel and Iudah abundantly evidence if Kings become open professed Idolaters though private persons may not murther them and their families as Iehu yet the representative body or greater part of their Kingdoms as many Pious Divines affirm may lawfully convent depose if not judge them capitally for it and Gods putting zeal and courage into their hearts or exciting them by his faithfull Ministers to such a proceeding is a sufficient Divine Commission to satisfie Conscience if no sinister private ends but meer zeal of Gods glory and detestation of Idolatry be the onely Motives to such their proceedings Thus we read God stirred up Baacha exalted out of the dust and made him a Prince over the house of Israel who slew king Nadab and smote all the house of Jeroboam till he left him not any that breatned because of the sins of Ieroboam which he sinned and which he made Israel sin by his provocations wherewith he provoked the Lord God of Israel to anger who going on after in Ieroboams sins God threatens to out off all his house and make it like the house of Ieroboam which was actually executed by Zimri who slew his Soveraign King Elah son to Baacha With all the house of Baacha and left not one that pissed against the wall neither of his kinsfolks nor of his friends according to the word of the Lord which he spake against Baacha by● ●chu the Prophet Which act of Zimri though a just judgement in regard of God on the family of Baacha for their Idolatry was notwithstanding reputed Treason in Zimri because he did it not out of Conscience or zeal against Idolatry being and continuing an Idolater himself but onely out of ambition to usurp the Crown without the peeples consent whereupon all the people made Omri King and then going all to the Royall Palace set it on fire and burnt Omri in it both for his sins Idolatries and Treason which he wrought We read expresly that after the time that Amaziah did turn away from following the Lord they for this conspired a conspiracie against him in Ierusalem and he fled to Lachish but they sent to Lachish after him slew him there and they brought him upon horses and buried him with his fathers in the City of Iudah Then all the people of Iudah took Uzziah who was 16 years old and MADE HIM KING in the room of his father Amaziah and he did that which was right in the sight of the Lord. So Zachariah Shallum Pekahiah Pekah four evill Kings of Iudah successivly acquiring the Crown by murther and reigning evilly in Gods fight were all slain by Gods just judgement on them of one another and Hoshea In few words God himself ever annexed this condition to the Kings of Israel and Iudah that they should serve and fear him obey him Laws keep his Covenant otherwise if they did wickedly for sake him or commit idolatry he would destroy forsake and cast them and their seed off from being Kings When therefore they apparently violated the condition the whole State and people as Gods Instruments lawfully might and sometimes did by Gods speciall direction remov depose and sometimes put them even to death for their grosse iniquities and idolatries and when they did it not it was not as many think for want of lawfull Soveraign Authority remaining in the whole State and people as I shall fully manifest in the Appendix but out of a defect of zeal out of a generall complying with their Kings in their abominable idolatries and sins which brought War Captivity ruine both on their Kings their Posteritie the whole Nation and Kingdoms of Iudah and Israel as the Sacred Story plentifully relates All which considere this object on proves not onely false but fatall to the Obiectors cause who might with more discretion have forborn then forced such an answer to it which I hope and desire
prohibiting but allowing it and these Fathers producing no one text which truly condemnes it this being the very summe of their words That though 〈◊〉 Christians were exceeding many in number of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters and had full liberty and no restraint upon them in point of Conscience either to withstand their persecutors with Armes or to withdraw themselves from under the jurisdiction of their persecuters into remote parts to the great weakning and losse of the State yet such was their patience innocency and desire of Martyrdome that they resisted not their Adversaries with force nor retired nor fled away from under their obedience but cheerfully without the least resistance by word deed or thought yeelded up their Bodies Liberties Lives to the cruelties of their Enemies to obtaine that Crowne of Martyrdome which they desired and to offer up themselves a voluntary freewill oblation to the Lord who would certainly avenge all their wrongs This is the sum of all these Authorities which evidence resistance lawfull in it selfe and to these Christians too in their owne judgements and resolutions though the desire of Martyrdome made them freely to forbeare it These Examples and Authorities therefore abundantly corroborate and no wayes impeach our cause Thirdly their examples of not resisting Persecuters being rather voluntary then enjoyned out of a longing desire to be Martyrs and an assurance of divine vengeance to be executed on their Persecuters is no restraint nor ground at all for other Christians now not to use any forcible resistance it being a grosse inconsequent to argue The Primitive Christians voluntarily refused to defend themselves with force of Armes against their Persecuters though they were not bound in point of Conscience from such resistance and had both liberty and power to resist Ergo Christians in point of Conscience ought not to make any forcible resistance against oppressing Lords and Persecuters now For then this their voluntary choice and election should deprive all following Christians of that ability of defence which both themselves then had and since enjoy by Gods and Natures Law Yet this is all the argument which can be ingeniously framed from these Authorities and Examples the absurdity whereof I shall thus further illustrate from like Precedents We know first That the primitive Christians out of a desire of martyrdome not only refused to resist but to flee away from their Persecuters when they might safely doe it some of them holding it unlawfull and dishonourable to flee in such a case by name Tertullian in his booke De fuga in persecutione Will our Opposites from hence inferre Ergo it is unlawfull for Christians not onely to resist but even to flee from their Persecuters or his Majesties murdering plundering Forces Or for them selves to flee not onely from the Parliaments Forces but Justice too as many of them have done yea made escapes against Law to flee therefrom If the Christians not fleeing binde neither them nor us not to flee now why should their not resisting onely doe it Secondly The Primitive Christians ran to the stake of martyrdome when they were neither accused cited persecuted by any freely confessing themselves Christians and rather desiring presently to die Martyrs then live Christians and reputing is worse then death not to be admitted to or delaied the honour of being Martyrs of which we have infinite Presidents in Ecclesiasticall Histories commonly known and over-tedious to recite I shall onely instance in Julian the Apostates Christian Souldiers who being over-reached by him under colour of a largesse to throw some Frankincense into a fire secretly kindled by the Emperour in honour of an Idol they dreaming of no such thing and doing it onely as 〈◊〉 〈◊〉 plementall Ceremonie as soon as they heard how the Emperour had over-reached them and given out speeches that they had sacrificed to his Idol presently rising from the feast prepared for them in a fury inflamed with zeale and wrath ran through the Market place and cried out openly Wee are Christians Wee are Christians in minde let all men heare it and above all God to whom we both live and will also die O Christ our Saviour we have not broken our faith plighted to thee If our hand hath any way offended verily our minde followed it not at all we are circumvented by the Emperours fraud with whose gold we are wounded We have put off impiety we are purged by blood After which posting speedily to the Emperour and casting away their gold with a generous and strenuous minde they exclaimed against him in this manner O Emperour we have not received gifts but are damned with death We are not called for our honour but branded with ignominie Give this benefit to thy Souldiers kill and behead us unto Christ to whose Empire onely we are subject Recompence fire for fire for those ashes reduce us into ashes Cut off the hands which we have wickedly stretched out the feet wherewith we have perniciously run together Give gold to others who will not afterwards repent they have received it Christ is enough and more then sufficient unto us whom we account in stead of all The Emperour enraged with this speech refused to slay them openly lest they should bee made Martyrs who as much as in them lay were Martyrs but onely banished them revenging this their contempt with that punishment Will it then follow from these memorable examples That all true Christians now in England and Ireland must come thus and offer themselves voluntarily to the Popish Rebels and Forces now in Arms to extirpate the Protestant Religion in both Kingdoms or that the Members of both Houses must go speedily to Oxford to the King and his evill Counsellors and there let them kill hang burne quarter slay execute torture them subvert Religion Laws Liberties Parliaments without the least resistance Or will our Opposites hence conclude as they may with better Judgement and Conscience doe Ergo all such persons voted Traitors and Delinquents in any kinde by both Houses of Parliament ought now in point of Conscience to avoid the effusion of blood and ruine of the Realm through the civill warres they have occasioned to lay down their Arms and voluntarily resigne up themselves to the impartiall Justice of the Parliament without any the least resistance for the future If no such Doctrinall or Practicall conclusions may be drawne from these their Precedents of voluntary seeking and rendring themselves up to the Martyrdome of their Opposites then the unlawfulnesse of resisting cannot be inferred from this their non-resisting Thirdly how many cowardly Souldiers in all ages and in this too have voluntarily yeelded up Forts Castles Ships Armes Persons to their invading approaching enemies without fight or resistance How many persons have resigned up their Purses to high-way theeves their Lands to disseisors their Houses Goods to riotors their Ships Estates Persons to Turkish and other Pirats