Selected quad for the lemma: conscience_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
conscience_n	high_a	power_n	resist_v	1,057	5	9.4839	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A57692	The grand case of conscience stated, about submission to the new and present power, or, An impassionate answer to a modest book concerning the lawfullness of submitting to the present government by one that professeth himself a friend to presbytery, a lover and embracer of truth wheresoever he find's it.	One that professeth himself a friend to presbytery, a lover and embracer of truth wheresoever he find's [sic] it.; Rous, Francis, 1579-1659.	1649 (1649)	Wing R2015; ESTC R205686	19,214	18

be lawfull for the people in the Roman Empire may not be lawfull for the people of this Kingdome I finde not in any History that ever they were sworn to a particular government as we have been Things in themselves indifferent are made necessary when by an oath engaged to But of that more afterward To the Minor proposition I shall say 1. That those mentioned had at least seeming titles to the Empire Indeed it is agreed by all Historians I have met withall that they were first encouraged by souldiers but what iniquity is in that if they might pretend a Title The very end of power and strength is or should be to conserve and recover just right we have alwaies acknowledged it lawfull and expedient by force of Arms to acquire a rightfull possession illegally detained But I could wish that this story had been printed and read by the sword-men in this kingdome five moneths agoe that they might but have thought whether it had been greater honour to be recorded as men that should guard a King of a doubtfull title to the Crown or to be storied as men that should bring a King of an indubitable right to the Scaffold I will not here dispute by what title or according to what law Iulius Caesar not yet his successour Octavius assumed the Empire but when that government and those governours were received and acknowledged by the Senate it became lawfull to that people Although Conquest be no true Title nor durable tenure any longer then strength can keep it yet compact upon that Conquest gives a title to the Conquerour and engageth submission from the other party to those rules resolved on at or given out according to that agreement Tiberius from whom indeed both Claudius and Nero had their government did not only for a great part of his time do all he did by the advise of the Senate but would at least seemingly be chosen by the Senate as not contented secretly t●… step into a government either by the earnest engagement of his mother or by the fond adoption of Augustus but would have the c●…ll and election of the Common-wealth too now here surely was a lawfull title if the consent of the people could make it lawfull although it may be not in it's first acquisition yet in it 's after establishment and Claudius deriving his title from him why should not people obey it yea me thinks the Authour of that book intimates a title that Claudius had where he saith pag. 3. Claudius being frighted with the news of Caligula's death and fearing himself might be enquired for upon suspicion withdrew had not he been the heir apparent to the Empire what ground of fear or what cause of withdrawing nay if he had not been looked on as the rightfull successour why should the souldier primo intuitu salute him by the name of Emperour For Nero he descended in a direct line on the mothers side from Livia Augustus his wife and although Brittanicus was the naturall son of Claudius yet Nero by Agrippina's means was his adopted son for the Empire and brought to the Senate where it was consented unto that he should have his togam virilem and he called Prince of youth it being their usage as far as I have observed in the story that an Adoptive title assented to by the Senate hath commonly been acknowledged when a lineall succession hath been rejected yea the Authour seems to grant a kinde of title to Nero too where it is said pag. 3. that the sentence of the souldiers was followed by the consent of the Senate if the Senate had any share in either constituting or declaring a King Nero's title was hereby established But what is this to our case A rightfull or doubtfull heir was brought by souldiers to the Senate who among themselves were contriving to alter their government This heir was received by the Senate and upon that submitted unto by the people But doth the Authour think that if the Senate had declared and acknowledged yea promised to preserve the Title of a rightfull Prince and the souldiers by the advice counsell or assistance of some party in this Senate should imprison or slay their Prince and take away the Major part of the Senate only because against their actings and this minor part relict should alter their government yea make themselves without the consent of the people their Rulers that then the people would or lawfully could have submitted to them as their legall and rightfull governours nay would not rather have resisted them as not being those higher powers whom they ought for conscience sake to obey Indeed had the King for some reason hid himself as Claudius or for other reasons absented himself and the two Houses of Parliament legally elected and freely sitting at such a time esteemed the higher powers contrived a way for the altering the government although I should not have proclaimed their wisdome yea should have bewailed their sin in respect of the many ties and bonds of Declarations and Oaths upon them I think I should have submitted to their power yet I would not for my Oath 's sake had I liked the thing have acted in it In which I think I ●…eeld more then many Anti-Malignant men in England will do yet how far from our case this is what hath been spoken will testifie But 2. Had the instance been of Iulius Casar who by meer force and violence without the least pretence of Title acquired the government which had better suited our businesse yet I should say that what submission the people yeelded and what commands he gave were in relation to a power which he by force had gotten and did exercise without any pretence to a legall constituted power till received and acknowledged by the Senate I confesse should these Rulers now in our Kingdom command submission to them as to a conquering party and acknowledge they did by power exercise what by force they had gotten I should in that sense submit to them because not able to defend my self against them but they call themselves the legall Authority and higher powers of England under which notion I cannot submit because positively to obey what is thus commanded what soever secret reservation I may have I doe and must assert their power as lawfull and their Authority as the legall Authority By this I shall fitly descend to those instances of our Nation to which what hath been already spoken will give me judice sufficient answer For 1. What submission was given to the Conquerour was yeelded as to a forc'd power untill by after-compact it was acknowledged and made legall 2. What was practised by the successors mentioned besides the acknowledged force in their unrightfull acquisitions and violent exercise of power it was only upon difference of Title which people may not be able to judge of as the Authour saies pag. 9. but amongst us here is an alteration of government where a change only

The Grand CASE OF CONSCIENCE STATED about Submission to the new and present Power OR An impassio●…te ANSWER to a modest BOOK concerning the lawfullnesse of submitting to the present Government By one that professeth himself a friend to Presbytery a lover and embracer of Truth wheresoever he find's it ALthough I love not contention yet I desire satisfaction that whilst ●… live a midst a tumultuous generation and unquiet times I may be delivered from a troubled spirit and discalm'd minde A wounded spirit who can bear I was willing to have sate down in silence res●…lving to hav●… kept my conscience as void of offence to others so ●…ree from disturbance in it self ch●…sing rather quietly to suffer for not doing what was commanded than knowingly to act what is at least to me ●…lawfull such a Liberty of Conscience I conceive none will deny me But since ●…at Book came to mine hands I although unwillingly undertook this task not only out of an earnest desire I had to finde out truth but for the unusuall modesty of the Tract it s●…lf knowing that the fowlest corn is best winnowed in a gentle gale a tempestuous winde blowes away ch●…ffe and corn too I shall take a brief view of the book and submit what I shall speak to the Authours judgement A Declaration hath been lately published c. Indeed there was such a Declaration published which I desired with much earnestnesse and read with some d●…ration expecting to have found the very quintessence of reason and stre●…gt of argument whereby judicious men might have been wholly convinced and abundantly satisfied but my s●…ruples were not answered by it For suppose that had been proved which was there much argued That the government of a free State were in some respects more convenient than that of Monarchy that might have been a prevalent argument to an irregulated people who were de novo to constitute a Government not to those who had before an antient form suited to the people established by Law confirmed by Oath and engaged to by the severall Declarations of them who are so sollicitous for the altering of it Surely if convenience or inconvenience only can break a promise and disingage an Oath David was much mistaken in the 15th Psalm and others may be easily cheated who expect ready performance of not needlesse disputing about Oaths in wh●… 〈◊〉 stand bound to them What is there said concerning Declarations That the Lords and Commons were of that minde when they made them may serve their turns for the present but would equally serve others turns for the future For by the same reason when those that penned and published that Declaration shall borrow money of men and declare to pay them imploy Souldiers with an engagement to satisfie them people may suspect that their mindes may alter and then by this rule their former Declarations will be of no strength What is further spoken in the Preface for a lawfull obedience to an unlawfull change of Government will be touched on in the further prosecution of this discourse It is said The Apostle commands obedience to higher powers Rom. 13. and thence it is inferred that he speaks not in that place meerly of power or authority abstracted from persons but of persons cloathed with that authority The Apostle speaks there directly of Authority of men only in subordination to that Authority no further than as the executioners of that power because it is impossible Authority should be exercised but where men are to manage it The Apostle in that place requires submission to legall Authority by whomsoever executed not to any men commanding by an illegall power Higher powers are there expressed indefinitely not pointing at any particular government In a Monarchy an Aristocracy a Democracy the people under the severall constitutions may yea must by the Apostles command obey the higher powers those who by their legall constitution are in Authority not in power over them there is a law of nature that will make man obey a power if h●… cannot ●…sist but the injunction of the Apostle there is only to lawfull Author●… 〈◊〉 the Authour of that Book knows that those only can be the higher powers or legall Authority of any Kingdom which the constitution of that Kingdom makes such and that only can exact obedience according to the Scripture rule Now what the Higher powers of England are by the constitution of this Kingdom is sufficiently known The Apostle commands wives to submit to their husbands Ephes. 5. 22. surely the injunction is for obedience to husbands quà husbands not quà men indeed not abstracted from their persons because it is impossible the authority of an husband should be submitted to where a man is not to exercise it But should a stranger come to anothers wife and call himself husband having before either imprisoned or slain the rightfull husband and require submission I scarce think the Authour himself especially if he be married would presse for obedience to such an usurped power such a woman may be forced and overpowr'd but to submit to him as an husband were a sinne What is there urged as the great argument to prove the lawfullnesse of obedience to the present Government hath been my main deswasive viz. the Apostles command to obey higher powers for conscience sake Had I been convinced that the King in his person had been the higher powers of England and that his personall command ●…ad by the Apostles rule exacted undeniable obedience although he had been visibly ●…ing what we suspected and palpably introducing what we feared I should have submitted for conscience sake The great inducement I had to adhere to the Parliament was besides the hopes of better reformation that thorow conviction that lay upon me both by mine own reason and Parliamentary practices that the two Houses of Parliament in case of the Kings absence weaknesse or refusall had in them such a part of the higher powers and supream authority as to defend and preserve the people without yea against the King doing commanding or exacting any thing besides or against the law And this is that main block at which I stumble in yeelding obedience to this new power because I am yet convinced that they are not the higher powers of our Kingdom to which the Apostle requires obedience I acknowledge a government may be altered although I think it not safe but upon urgent and evident necessity to which being altered obedience is required but it must be done by the higher powers still whom we ought equally to obey in submitting to an altered as a continued form but for any party by force to lay low the higher powers and to exact obedience as to the legall Authority is to me a sinne I am not ignorant what pleas there may be from inconvenience in such a doctrine but according to the light I have where lawfull or unlawfull are in question their convenience and inconvenience must keep

seems to be asserted no Title at all pretended 3. What is spoken of Hen. 7. may be enough to answer the argument drawn from him and the rest too Although the Title might be unjust and the power illegally gotten yet when the Title was acknowledged at least confirmed by Parliament and the Laws whereby he or they should rule were enacted in a Parliament that did engage the people to an unquestionable obedience the constituted higher powers then commanding to whom the Apostle requires obedience for although a Parliament such I mean which by the known law and continued usage of the Kingdom as a Parliament should acknowledge or do any thing civilly evill I mean in reference to the State it is lawfull and just in respect of the people and engageth obedience which I think will be a sufficient excuse for peoples yeelding obedience to their laws not only because then enacted but since confirmed by the higher powers of our Nation although in the mean time upon the same ground they rest ●…nsatisfied in the lawfullnesse of submission to the present power I might adde that what the whole body of a Nation did if illegall doth not engage our practice for we know Papists and such they were all who submitted to the fore-mentioned Rulers make no conscience of denying a rightfull Title nor yeelding to an illegall power when they may but probably carry on their own design but what is spoken already will satisfie and I had rather give a rationall answer then question the wisdome or honesty of Ancestors where it may be avoided What is urged from the Casuis●…s and Paraeus although I am not bound jurare in verba being of Dr Moulins his minde rather to like one argument then ten Authours I shall agree to in that sense in which I conceive they delivered it to submit to such power as forced not to their Authority as legall unlesse it be 〈◊〉 an Authority which by constitution and usage are the higher powers of our Kingdom The Authour after the example of others proceeds now to give some reason o●… his own which I shall also endeavour to examine and so far as they carry streng●… and truth as least to me shall submit where otherwise I shall give mine on the contrary Indeed how can it be otherwise For when a person or persons have gotten supream power and by the same excluded all other from Authority either that Authority which is thus taken by power must be obeyed or else all Authority must fall to the ground Persons may indeed get themselves the greatest strength and in that sense may be submitted to but they cannot illegally get themselves the legall power nor can they exclude others from their Authority although by force they may keep them from the exercise of it A man may be a man yea a living man although by the violence of disease he may be kept from outward actings An husband may be a husband still although imprisoned and thereby kept from the exercise of his duty to his wife A Parliament may be a Parliament still although by violence kept from sitting and executing their Authority I am so far from thinking that disobedience to such power will make all Authority and government fall to the ground that I beleeve submission to such will quickly lay all Authority waste for by the same reason that we obey this altered government and usurped authority now we must obey any other suddenly if another party get more strength and what an unsetled state and unknown Authority we should then have may easily be judged nor do I think the Authour himself would be of the same minde should the Prince with a potent army get the power into their hands Surely were this doctrine true those renowned men shall be rased out of the Calendar for Saints that opposed the Kings power in Ship-money nor must such be sequestred who under the Kings power formerly did lend or give whatsoever he required whether men money horse or arms nor these put out of the Parliament who obeyed him in sitting at Oxon nay nor himself neither put to death for doing what was urged against him if men in power howsoever they come by it are Rulers ordained by God and to be obeyed for conscience sake If Confusion be worse then titular Tyranny I wish that seeing we had no titular tyranny we had had no confusion neither and I should be glad that confusion may befall if any only such who in this Kingdome have been the greater introducers of it either those who acquire and assert or those who cannot receive or submit to an usurped government for although the end must not be destroyed for the means yet he that destroies the means in it's tendency to the end will scarcely preserve the end at last If a Masters mate had thrown the Master over-board and by power would suffer no other to guide the ship but himself if the mariners will not obey him commanding aright for the safe guiding of the ship the ship must needs perish and themselves with it I doubt here is a fallacy and this case will not concern our question for I suppose although I am not so well skilled in the discipline of marriners as to know that a Masters mate hath a kinde of Title to the government of the ship in case of the Masters miscarriage which suits not our condition But suppose him to have no title or state the question somewhat nearer our case That if a party of the Sea-men should throw the Master over-board and assume to themselves the government of the Ship ●…●…hall then answer That if that Mate or this party having the greater strength ●…hould by power enforce and exact obedience of the rest these ought for the safety of their own lives although not to obey the Authority yet to do the commands of the enforcing party and if ever they come ashoar to doe what they can to bring such unworthy persons to condigne punishment who besides the murder of the Master would so basely hazard the ship too But if that mate or party should command the Sea-men to obey them as the rightfull Master I think although with submission to better judgements they ought not although for the safety of their lives thus to obey them It is better to lose a naturall life then a quiet conscience and a spirituall soul The greatest advantage will not warrant the least evil In such a case it would easily be judged both by God and men to whose fault the losse of the ship should be imputed either to them that did unjustly require or those who dared not unwarrantably to do an unlawfull thing I know not what the sodain fear of unavoidable death might make such men de facto do and I can easily think what harsh censures their hazarding or losing their lives upon such refusall may bear from rash and lesse considerate men as an empty product of meer peevishnesse