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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35998	The vnlavvfulnesse of subjects taking up armes against their soveraigne in what case soever together with an answer to all objections scattered in their severall bookes : and a proofe that, notwithstanding such resistance as they plead for, were not damnable, yet the present warre made upon the king is so, because those cases in which onely some men have dared to excuse it, are evidently not now, His Majesty fighting onely to preserve himselfe and the rights of the subjects.	Diggs, Dudley, 1613-1643.	1643 (1643)	Wing D1462; ESTC R10317	134,092	174

in peace we shall finde by putting downe Kings they laid the feed-plot of those many miserable civill warres with which that people was so frequently so extreamely afflicted The forme of that Commonwealth was Democraticall The governement of Rome according to the forme democraticall but according to the practise an illegall Monarchy but if wee judge of it not as established by Law but according to the practice almost in all times we must pronounce the Government an illegall Monarchy For either some one man governed the Senate and made them an instrument to oppresse the people or else according as it was aptest to advance his interests siding with the people and telling them the Nobles took too much upon them Different judgement of the best forme of governement oft-times the cause of sedition he by their power compassed his private ends under the names of common good publique safety The truth is the different judgement of the best State doth de facto open a gap to sedition because men naturally desire to live most happily and are easily tempted to contribute their endeavours to any change which they fancy for the better though in right it ought not to be so notwithstanding some forme might be proposed which were really more perfect because our faith once given to the present government cannot be recalled this civill union is as fast tyed as the marriage knot we are bound to take it for better for worse And if otherwise States would probably be shorter liv'd then men as having their foundation on the sands that is on the inconstant wills of the people who are blowne about with every winde of contrary discourses Fallacy in discourses concerning what kinde of governement is best But in this dispute concerning the best forme of civill society there is a great fallacy as yet not fully discovered Schemes are drawne in speculation and politique discourses are framed which beare much resemblance with some figures of Mathematicians which are made with much ease upon paper and with apparence of solid demonstration so that the Schollers not able to object against it entertaine it for certaine knowledge But when reduced into practice in wood or stone the failings are presently seene and their contemplations appeare vaine and unprofitable because they did not take into consideration the capacity of the Subject on which they were to worke nor fore-saw what resistance the matter would make This errour is committed in the comparison of States and many plausible reasons are laid down for the rule of the Nobles or of the people which are best confuted by experience For when it is debated whether Monarchy be the most convenient government the true sense of it is this if we judge according to the frequent practice which in Politiques is made the most reasonable measure of Lawes whether the people will live more happily when Law places the supreame power in one and nominates that person by which no roome is left for division or when one man being more active and crafty then his fellowes who ought to have an equall share in this authority raises a faction upon plausible pretences and under colour of serving his side perswades them to be commanded by him and so exercises the supreame power in an illegall way which as it is compassed by ingaging the people in misery under colour of making them more happy so ●● it must be kept up by as bad arts and an Army must be maintained to make good by force what Law cannot justifie I do not wonder for it is no strange thing part of the people should be unwise that some should be induced to cast off Monarchy They are told it is very unreasonable that one should have all the power Toto liber in orbe Solus Caesar erit They may upon the same ground perswade them to quarrell with God Almighty Their meaning is though they dare not speake out there is no government good unlesse they have a share in it This interest of being joynt Soveraignes makes them unable to see or else willing to dissemble the apparent dangers which division threatens as likewise the great disadvantages which wait on slow proceedings counsels as well as men growing weake by age and the unhappy miscarriages of brave undertakings because not managed with fitting secrecy All these three are plainly spoken in many Governours Faction Delay Opennesse The method whereby the peoples affections are poysoned and wonne to a dislike of the present State By what means so many of the people are misled into Rebellion and by degrees brought first to desire then to attempt an Innovation is this All the defects how unavoidable soever by reason of secret lets and hinderances not to be fore-seene as depending upon many circumstances which are variable according to other mens wills and which they have not the honesty to put the people in minde of are with great care represented to their considerations and much diligence is used to set before them a perfect Catalogue of what ever faults have beene committed by inferiour Magistrates and under Officers and as they have excellent memories in repeating grievances so they have learned an art very convenient for their ends and for creating a misunderstanding betweene King and people that they may manage the discontents of the Subject to advance particular designes to forget the severall satisfactions given by Princes when upon generall complaints they are fully instructed in their Subjects sufferings The next worke is to assigne such a cause of these corruptions as shall open a way to the alteration they aime at which is to impute them to the nature of a monarchicall government by telling them their happinesse is built upon a very uncertaine foundation the will of one man and if he be bad they must surely be miserable Lastly a promise is made of healing all their evills and the remedy is multitudo medicorum the same plausibilities may be urged to perswade an entertainment of many Physicians about a sicke person as about a distempered State but experience masters these reasons and hath demonstrated the danger of it they must place the Soveraigne power amongst many to the end if one should faile of his duty others may supply it if one should be willing to oppresse others may be able to protect them It fares with men in the distempers of State as in those of their bodies They are easily induced to make triall of what any man tells them will do them good and they have the strongest phancies to those things of which they have least experience But the Fallacy which abuses the people is non causa pro causâ there ever was and alwaies will be matter of Complaint under what kind of regiment soever we live and till men be absolutely perfect the governement cannot be so voluntary corruptions and naturall frail●ties must have an influence upon every state This tampering with the Body to reduce it to perfect health hath overthrown many

man gives full reines to his revenge as thinking it safe enough the feares from a few persons crusht by him being below the delight of manifesting his power in his enemies calamity Thirdly the covetousnesse of Senators is more devouring because we may feed one fire with lesse expence of fewell then a hundred And fourthly a Princes profuse spending upon favourites is infinitely over-ballanced by so many providing for their poore kindred and making friends and purchasing dependants This art very necessary to all men imployed in State affaires who are subject to various censures of underpropping their reputation and hiring Advocates to plead for them in their absence must draw out very considerable summes and be more chargeable to the people from whom the supplies must come then the bounty of one man though showred downe over-plentifully upon some few privadoes The wisest States have ever made ample allowances to enable their Prince to bestow favours according to merits or liking the priviledges of every private man it arguing a noble soule to be bountifull It hath beene shewed already that Monarchy is a more healthy constitution and that when sicke the diseases of it are lesse violent Easie remedies for a sicke Monarchy and it will easily be made to appeare they are more curable Good counsell or at least age and experience hath reformed many Princes but however our grievances are mortall the death of one opens a way to better hopes but the corruption of a Senate ends in dissolution The diseases of a Senate incurable Tacitus gives a full character of the distempers which are fatall to a degenerate Senate Inter Patres plebémque certamina exarsêre modò turbulenti tribuni modò consules praevalidi in urbe ac foro tentamenta civilium bellorum Mox è plebe infima C. Marius nobilium saevissimus L. Sulla victam armis libertatem in dominationem verterunt 2. hist There arose hot contentions betweene the Nobility and Commons now the factious Tribunes bore sway then the Consuls kept them under In the City and the place of publique assembly there were frequent skirmishes the Preface and Essayes to a civill warre Anon Caius Marius the meanest of the Commonalty and Lucius Sulla the cruellest amongst the Nobles destroying their liberty and property by the assistance of their illegall Militia introduced an absolute and unbounded government There be some The miseries of a kingdome when a child governes an argument for monarchy with whom that of Ecclesiastes prevailes wo to thee O land when thy King is a child and they thinke it a strong argument against monarchy because this calamity is not incident to a senate they not being subject to nonage But this place rightly understood is a very full confirmation of the happy condition we have reason to expect under monarchy and of the calamity and woes which probably attend an Aristocracy For the cause of those miseries foretold is plainly this A King during his infancy being not able to rule the government is managed by the nobles Whence we learne that change which the people oft times with sinfull earnestnesse labour for is to be found in the catalogue of Gods judgements and they sue for and by wicked arts endeavour to compasse their owne punishment It is an argument of Gods great mercy to them that he fights against them if he were thoroughly angry the designes of innovatours would have better successe This truth is warranted by scripture For the transgression of a land many are the princes thereof but by a man of understanding and knowledge the state thereof shall be prolonged prov 28. 2. To all these corruptions a popular state is more subject Popular forme the worst government and the imperfections of it are so much the greater as it is farther distant from monarchy the temper of it which is unity the soule of government being more easily dissolved Those which cry it most up will be unwilling to admit it in their families which are smaller principalities Three things especially have made it so taking with the vulgar 1. a pretended impartiall administration of justice 2ly an empty name of liberty and 3ly the so much applauded equality by which they seeme to reduce their civill constitutions to the primary lawes of nature which gave to all men a common right Concerning the first More equall administration of justice without reason and against experience promised in this forme their hopes that justice should be more equally administred are grounded upon this probability It is very hard to corrupt a multitude into favour or respect of persons though some rivers have beene infected the ocean cannot be poysoned A man may satisfy the interests of one or some few but to buy injustice of so many would be no thriving trade he might more cheaply loose his cause This is a plausible but very fallacious argument Because experience makes it evident that to prevent the evills of division which the many following particular and crosse interests doe beget one remedy is constantly made use of which is this some few of the more crafty citizens who have gained credit with them agree together in private order businesses at their close committee and so undiscernably lead the multitude on to what ever they call the publike good of which they having prevailed upon their affections are esteemed the most competent Judges And what is this but to pretend to a Democracy and be governed by an illegall Aristocracy By this meanes any one of the Junto for they must gratify each other mutually is enabled to stop the course of law in a friends behalfe and to put a sharper edge upon the sword of justice when it strikes an enemie These kind of men have got the Art of changing the peoples opinions of just and unjust according as it is more suitable to their owne profit and they are not so much beholding to any solid wisedome for it as a kind of frothy eloquence which wee may observe in their set speeches and declamations with much cunning fitted to the capacity of their auditors They do not at all trouble themselves to satisfy reasonable men for they are but a few and can stand them in little stead where things are carried by the greater number and reasons are not weighed but told The art is to apply their harangues to that which rules weaker men the affections suadendo docent non decendo suadent and these are easily convinced and made the measure of their judgement the want of weight in the premises being supplyed by an extraordinary love to the conclusion It was too truly said in reference to these popular decisions Vtilitas justi propè mater aequi est From this fountaine arise the many debates amongst men in civill affaires For in Mathematicall knowledge because it concernes not meum and tuum there is an unanimous consent all agree what lines are streight and what crooked but the judgements of right and

himselfe with this objection and first he tells us he is confident Tertullian did not speake the truth when he imputes their patience to the power of godlinesse which prohibited resistance and not their want of force to withstand He might as easily have given the lye to Cyprian to the Ecclesiasticall writers who relate the story of the Theban Legion and aquaint us that the greatest part of Julians Army against the Persians consisted of Christians But supposing as he had good reason this bold denyall would not give satisfaction it not being likely his credit should goe farther then the records and evidences out of Holy Fathers and Church story after severall fruitlesse essayes to solve it he pitches at last upon this That honest liberty was hid from them for some speciall ends which since God hath revealed to this latter age and therefore he gave to them an extraordinary spirit of patience and courage which is inconvenient for these dayes wherein God hath afforded a more plentifull light and shewes us our liberty and that there is no necessity of being Martyrs It is now the wickeds turne to suffer I will set downe his words at large for they are so strange sober men might doubt the faith of a relater Certaine it is That the frame and tenor of Gods after dispensations did require that such a liberty should be hid from them or at least that they should not make use of it as on the contrary the nature and purport of those dispensations which God hath now in hand requires that this liberty should be manifested and made known unto Christians We know that according to the counsell and foreknowledge of God Antichrist was then to come into the world as now wee know that he is about to be destroyed and cast out of the world Now this is a generall rule looke what truthes were necessary to be shut up and concealed from the Churches of Christ that Antichrist might passe by and get up into his throne the discovery and letting out of the same into the world are necessary for his pulling downe c. But God causing a dead sleep as it were to fall upon those truthes which should in speciall manner have opposed him he had the opportunity without much contradiction or noyse to steale and convey himselfe into that cathedram pestilentiae that chaire of Papall state which yet he possesseth Now amongst many other truths which were of necessity to be layd a sleep for the passing of this beast unto his great power and authority and for the maintaining and safeguarding of him in the possession hereof this is one of speciall consideration That Christians may lawfully in a lawfull way stand up to defend themselves in case they be able against any unlawfull assaults by what assailants or by what pretended authority soever made upon them For had this opinion beene timeously enough and substantially taught in the Church it would certainly have caused an abortion in Antichrists birth and so have disappoynted the Devill of his first borne Had not the spirits and judgments and consciences of men beene as it were cowed and marvailous●y imbased and kept under and so prepared for Antichrists lure by doctrines and tenents excessively advancing the power of superiors over inferiors and binding Iron yokes and heavy burdens upon those that were in subjection doubtlesse they would never have bowed downe their backs so low as to let such a beast over them they would never have resigned up their judgments and consciences into the hands of such a spirituall Tyrant as he So that you see there was a speciall necessity for the letting of Antichrist into the world yea and for the continuance of him in his throane that no such opinion as this which wee speake of whether truth or untruth should be taught and beleeved I meane which vindicateth and maintaineth the just rights and liberties and priviledges of those that live under authority and subjection unto others Whereas now on the contrary that time of Gods preordination and purpose for the downefall of Antichrist drawing neere there is a kind of necessity that those truths which have slept for many yeares should now be awakened and particularly that God should reveale and discover unto his faithfull Ministers and other his servants the just bounds and limits of authority and power and consequently the just and full extent of the lawfull liberties of those that live in subjection Evident it is that they are the Commonalty of Christians I meane Christians of ordinary ranke and quality that shall be most active and have the principall hand in executing the judgments of God upon the Whore Consider that place Revel 18 4. 5 6. Now that this service shall be performed unto God by them Christians I meane of under ranke and quality contrary to the will desires or commands of those Kings and Princes under whom they live it appeares by that which immediately followes v. 9. pag. 30 31 32. The peremptory conclusion of all is that the lawfulnesse of Rebellion is now discovered to Gods Church as the necessary meanes to ruine Antichrist for the Kings will never be perswaded to effect this great and holy worke and therfore the People must Whereas the Text saith expresly That the ten Kings shall hate the Whore and shall make her desolate and naked and shall eate her flesh and burne her with fire For God hath put in their hearts to fulfill his will Revel 17. 16 17. Least the people should be frighted by this as they justly ought from making rebellious attemps against lawfull authority because that in Gods good time will arme them and fight joyntly the Lords battaile against the Beast he labours to remove this scruple I conceive saith he this is not meant of the persons of Kings but of their States and Kingdomes id est of the generality of the people under them Master Goodwin pag. 32. The Kings shall hate the Beast that is the people shall hate their Kings and religiously rebell against them in order to the destruction of Antichrist The same Doctrine is delivered by Master Burroughs There is a necessity that in these times peoples consciences should be further satisfied in their liberties then formerly because the time is wee hope at hand for the pulling downe of Antichrist and wee find by Scripture this worke at first will be by the people Revel 18. pag. 144. and for a close pag. 145. Surely the right knowledge of these liberties God hath given the people will much helpe forward the great things God hath to doe in this latter age I must confesse my heart is filled with sorrow when I consider how farre the reformed Religion is degenerated which can be no longer pure then it continues peaceable But alas it is become the mother and nurse of Rebellion it foments sedition and advances the rvine of States What a sad thing is it that factious Preachers should so farre bewitch the people by strong delusions as

wrong are as various as their interests different The objection of greater liberty answered Secondly concerning liberty it is very strange that men should so generally fall in love with a bare sound and court a name of freedome which duely examined will be found to signifie nothing They cannot meane by it a loosenesse from all lawes because their intent is to change not take away government they dare not owne such a pernicious licence And therefore the true debate amongst men is not whether they shall admit of bonds that is such obligations as lawes lay upon them these are readily embraced but who shall impose them the question is not an servirent sed an uni vel pluribus and it is commonly called liberty to serve more masters The restraint of our freedome is that which is most valuable amongst the benefits of government For this preserves peace between men that their hands are tyed up from doing injuries Though we naturally delight in a full and absolute liberty yet the love of it is over-ballanced by feares every one could wish to retaine it himselfe but not upon this condition that all others should enjoy the same freedome Because as the contemplation of our owne liberty is pleasant to do what we list so there is a more sad consideration arising from the thought of others freedome to make us suffer as much as they may be tempted to inflict Thirdly Aequalitate nihil est iniquius concerning equality if they urge it comes nearer to the law of Nature by the same reason they must dissolve the bonds of all government since there can be no Magistrate no Superiour and Inferiour and par in parem non habet imperium so we must indulge to every man to doe what seemeth good in his owne eyes This argument doth not conclude for one forme above another but equally destroyes all and is applyed to a popular State onely out of resemblance of some imperfections common to both because that governement comes nearest to none and is but few degrees removed from Anarchy and confusion But the truth is this equality which they so passionately affect is clearely against nature who if an equality of rewards had beene intended would have made all men equally deserveing Reason doth teach us since it is manifest we may excell others by education and industry greater incouragements should be allotted in consideration of the charges of good breeding and of the extraordinary studies whereby men enable themselves for the honour and good of the publique Besides this equality though pretended to conserve doth in truth destroy amity for none are so quarrellsome none so subject unto envy as equals We may judge of the thriving of popular States by what we observe in commons which are alwayes poore and bare and if taken into one mans hands would be improved fourefold we finde by experience what all should looke after is neglected by every one whilest each man thinkes his particular expence of time and study will not conduce much and that they may be supplyed by others and therefore he chooses to imploy them rather on his private interests much more profitably Seeing that the greater part of men in a popular sway are bred up to gaine they make profit for the most part of the rule of their actions and so entertaine but little sense of honour And hence this State is easily corrupted by their low affections so that particular persons may be sometimes rich the State can never be glorious How can the happinesse of that Common-wealth be lasting where the wiser and honester part being still the fewer must be ruled by men of weake understandings and of corrupt affections men extreamely violent if they be not awed and in their feare irresolute in all their proceedings men not capable of secrets so that they expose themselves to all disadvantages Their assemblies are full of inconstancy and disorder it is very hard to separate tumult and multitude The wiser oft times dare not speake fearing the madnesse of the people For if things should succeed ill by some secret lets they are sure to suffer for the event since amongst such Judges it is not enough to counsaile prudently unlesse fortunately also The States of Sparta and Athens will afford plenty of examples If they be not united by feare of a forraigne warre they will quickly breake out into a domestique They are well compared to the raging of the waves their contrary humours easily raise a tempest The united Provinces are thought by many to owe more to the Spaniards constant enmity then to the aides of English Scots or French And yet without their assistance they had beene long since swallowed up and they may thank the justice of Monarchies that these friends made them not a prey to themselves He is a stranger in the Roman story who knowes not how fatall Mercenaries were when lent by a Commonwealth If he would not have fought with them he had conquer'd them long ere this The fate of Greece would have beene theirs Graeciae civitates dum imperare singulae cupiunt omnes imperium perdiderunt we see how the Athenians Lacedaemonians Thebans Arcadians Phocians Locrians Corinthians Boeotians with others variously siding that they might keepe the ballance even miserably warred upon one another till at last Philip tooke advantage of their discords and made himselfe King of all I have beene tempted into this large digression for the fuller satisfaction of the people in whom a dislike of the present government is begot and so a way is laid open for a change of it upon pretence some other forme would be more advantageous Which first is not true and therefore they have not any motive for disloyalty since they would be dishonest against Interest And secondly if it were true in it selfe yet it is not so when a State is setled under another forme the certaine miseries of a civill warre and the great difficulties of setting it together when it is torne into so many pieces will be above any hopes they can reasonably propose to themselves And thirdly if it could be done advantageously and safely yet it cannot honestly They will forfeit Heaven for that which in all probability will make them more miserable upon earth and it were a sad purchase if they should obtaine as much as their ambition or covetousnesse can devoure Civill society is founded upon Justice and supported by Religion which obligeth us to preserve the faith of contracts intire We are bound to stand to our bargaine though it should appeare it might have beene better made Experience shewes us that States may live and flourish too under the worst forme of government and they are not immortall under the best Let the imperfections be more or lesse in this or that kinde of regiment they cannot absolve the Subjects conscience though he may have reason to preferre other Lawes he must have so much religion to be obedient to those under which it pleased God to