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B22970 An appeale to thy conscience as thou wilt answere it at the great and dreadfull day of Christ Iesus. Fisher, Edward, fl. 1627-1655. 1643 (1643) Wing F987 36,794 40

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Seducer shall not excuse him who is seduced If the blind lead the blind both shall fall into the pit Matth. 15. 14. The soule that sinneth it shall die Ezek 18. 4. And remember S. Pauls curse Gal. 1. 8. Though we saith he or an Angel from Heaven preach any other Gospel unto you then that which we have preached unto you let him be accursed The third Evasion But thou wilt say If Subjects may never resist then may the Prince governe according to his own will and pleasure and so may bring his Subjects into bondage slavery and all evils and inconveniences whatsoever which is contrary to nature and reason to admit The Answer If we may deny or reject a truth delivered in Gods Word because of evils and inconveniences which might hereby happen unto us then the whole frame of Divinity will be soon overturned We know That the doctrine of God eternall free and unchangeable decree of reprobation has brought many into the sin of despaire The doctrine that true repentance is never too late has led many into the sin of presumption The doctrine of assurance of salvation has bred in some a p●oud self-conceitednesse and contempt of their brethren The doctrine of justification by faith onely and not by workes has drawne many into a neglect of Almes-giving And what hath been may be yet we neither doe nor must reject the foresaid doctrines though indeed if we respect the evils and inconveniences they ought so much the rather to be rejected by how much the greater and more dangerous are the evils for these evils are spirituall and tend to the destruction both of soule and body for ever whereas the doctrine of not resisting the King can onely expose us if we offend God to evils temporall and momentany But O man who art thou that repliest against God shall the thing formed say to him that formed it why hast thou made me thus Rom. 9. 20. Has not God power over thine eternall estate to dispose thereof according to his will and dost thou g●udge him to dispose of thy temporall estate thy goods thy Lands thy life or what is most deare Wilt thou reject the Word of God because it seemes inconvenient to thee darest thou say the way of the Lord is not equall Ezek. 18. 25. God commands thy obedience unto thy Soveraigne though he be wicked and unjust and wil● thou plead dangers evils and inconveniences against Gods command Ohllet not arrogancy come out of thy mouth for the Lord is a God of knowledge and by Him actions are weighed 1 Sam. 2. 3. Cease from thine own wisdome Prov. 23. 4. Advise not with nature For the naturall man receiveth not the things of the Spirit of GOD for they are foolishnesse unto him neither can he know them because they are spiritually discerned 1 Cor. 2. 14. Thou must deny thy selfe and take up thy crosse if thou wilt follow Christ Matth. 16. 24. And if thy reason cannot perswade thee yet let the reward invite thee For every one that hath forsaken houses or brethren or sisters or father or mother or wife or children or Lands for my Names sake saith our Saviour shall receive an hundred fold and shall inherit everlasting life Mat. 19. 29. Neverthelesse the King is not left at liberty to do what he pleaseth to make his will the rule of his actions No he is the Lords Shepheard and Isa 44. 28. the Lord hath appointed unto him his charge and duty When God set Ioshua over the Congregation Moses gave him a charge in their fight Num 27. 16 19. And of David it is said Psal 78. 70 71 72. He chose Davia his servant and tooke him from the sheepfolds from following the Ewes great with young He brought him to feed Jacob his people and Israel his inheritance So he fed them therefore the King ought to provide for and cherish his people acording to the integrity of his heart therefore the King ought to be faithfull to his people and guided them therefore the King ought to be carefull and vigilant over his people by the skilfulnesse therefore the King ought to counsell his people of his hand therefore the King ought to defend his people And when the Prophet Ahijah told Ieroboam that God would give ten Tribes of Israel unto him he withall tels him his duty and the conditions upon which God gave them If thou wilt hearken unto all that I the Lord command thee and wilt walk● in my waies and doe that is right in my sight to keep my Statutes and my Commandements as David my servant did then will I be with thee and build thee a sure house 1 Kings 11. 30 31 38. And at that time when the Lord chose Saul to be King Samuel told the people the manner of the Kingdom and wrote it in a booke 1 Sam. 10. 25. whereby it is evident that Saul might not rule as he listed for that God had prescribed the form or manner of the government or Kingdome And what that was you may read in Deut. 17. It shall be when he sitteth upon the throne of his Kingdom that he shall write him a copy of this Law that is the Deuteronomy in a book out of that which is before the Priests and Levites And it shall be with him and he shall reade therein all the daies of his life that he may learn to feare the Lord his God to keep all the words of this Law and these Statutes to do them That his heart be not lifted up above his brethren therefore the King ought not to insult and tyrannize over his people and that he turn not aside from the Commandement to the right hand or to the left to the end that he may prolong his daies in his Kingdome he and his children in the midst of Israel If then the King shall desire the preservation of himselfe and the continuance of his Kingdome unto his posterity he must carefully observe the Commandement of the Lord and the execution of justice He that ruleth over men must be just ruling in the feare of God 2 Sam. 23. 3. It is an abomination to Kings to commit wickednesse for the Throne is established by righteousnesse Prov. 16. 12. The King by judgement establisheth the Land Prov. 22. 4. 'T is true the King is Gods vicegerent and therefore accountable to God onely for his actions Which David implied in confessing those his crying sins of murther and adultery to be only against God Against thee thee onely have I sinned Psal 51. 4. And even reason requireth that the members should not judge the head because they are under the head nor can they take away the head because thereby they cease to be members yet if Princes do seriously take it into consideration they shall finde little encouragement from hence to give way to their own lusts For besides the eternall vengeance of God which without repentance they shall most certainly feel after this life
loyalty unto Saul is further cleared 2 Sam. 1. For when the Amalekite brought him word that he had slain Saul he tooke hold on his clothes and rent them and mourned and wept and fasted untill even with bitter lamentation over Saul And commanded the Amalekite to be sl●in and said How wast thou not afraid to stretch forth thy hands to destroy the Lords anointed Wherefore David cannot be made a pattern for 1 Sam. 16. 13. 16. disloyalty and rebellion yet he was anointed King before Saul knew him The second Objection When Saul answered God do so and more also for thou shalt surely die J●nathan The people said unto Saul As the Lord liveth there shall not one haire of of his head fall to the ground So the people rescued Ionathan that he died not 1 Sam. 14. 44 45. Therefore Subjects may resist their Soveraigne The answer To answer this objection it is necessary to observe the story as it is set down 1 Sam. 14. Where Saul charged the people with an oath saying Cursed be the man that eateth any food untill evening And what then followed Certainly an example of singular obedience in the people for the Text saith That though they were pressed with hunger yet none of the people tasted any food And further When the people were c●me into the wood behold the hony dropped but no man put his hand ●o his mouth for the people feared the oath onely Jonathan unwittingly dipt the end of his r●d in an honey-comb and put his hand to his mouth Presently one of the people told Ionathan ●● his fathers charge and in effect that he had broken it And the Lord himselfe because of this sinne refused to answer Saul when he drew neere to him for counsell v. 36 37 38. Then Saul called all the chief of the people together to know by whom this sin was done and the people like obedient subjects sai● as before in the 36 vers Doe what seemeth good unto thee The lot then fell upon Ionathan Io●athan confesseth and in confessing excuseth his fault saying I did but taste a little honey with the end of my rod and loe I must die Saul answers thou shalt sur●ly die Ionathan Then the people began to meditate and said unto Saul shal Jonathan dy As if they should say shall thy son die thy son Ionathan whom thou lovest ●o dearely v 39. shall he die he who heard not when thou didst charge the p●ople with the oath v. 27. he who hath wrought this day great salvation in Israel God forbid Let God hinder thee from ●his deed God in whose power onely it is let him forbid thee as the Lord liveth that is most certainly most assuredly God shall so turn Liberav●runt Hieron redemerunt Jun. Trem. vide Greg. ● ag in Reg. cap. 14. thy heart that there shall not one haire of his head fall to the ground for he hath wrought with God this day So the people by their mediation and intreaty rescued or freed or redeemed or delivered Ionathan that he died not Here is nothing but obedience to Sauls commands nothing but loyalty And therefore thou abusest the Scriptures to alleadge this place for rebellion and taking up Armes against thy Soveraigne The third Objection The ten Tribes of Israel rebelled against Rehoboam and set up a King amongst themselves because he refused to ease them of the heavy yoke which 1 K. 12. his father Sol●mon had laid upon them And when Rehoboam had raised an army to reduce them unto obedience the Lord forbad him saying Ye shall not go up nor fight against your brethren the children of Israel return every one to his house f●r this thing is from me Where the Lord does approve thereof Therefore Subjects may lawfully rebell against their Soveraigne if he be an oppressor The Answer It is true the ten Tribes of Israel rebelled and made Ieroboam their King and t is true the Lord forbad Rehoboam to fight against them saying Ye shal not fight against your brethren for this thing is from me But in what sence Thou must consider herein two things First the Action Secondly the evill in that action The Action was the making of Ieroboam King and this action was good and was from the Lord 1 K. 11. 31. And in respect of this Ieroboam was their lawfull King But the evill in that action which was their falling off and withdrawing their obedience from Rehoboam and rebellion was from themselves their proud and corrupt natures And i● respect of this Ieroboam was an usurper as he confesseth himselfe 1 K. 12. 27. If this people go up to do sacrifice in the house of the Lord at J●●usalem then shal the heart of this people return again unto their Lord even to Rehoboam But you will reply the Scriptures say not that this action onely of making A doubt the King was from the Lord but this thing that is the whole businesse was from the Lord. And therefore the withdrawing of their obedience and rebellion was also from the Lord. I answer 't is true their rebellion may also be said to be from the Lord Resolved but how Non voluntate Deiefficiente sed permittente not that this was wrought or approved by the Lord but because this as all other sins are was permitted and suffered by the Lord who gave them up to uncleannesse through the lusts of their own flesh Rom. 1. 24. And marke what followed They left all the Commandements of the Lord their God and made them molten images even two Calves and made a grove and worshipped all the host of Heaven and served Baal And they caused their sons and their daughters to passe through the fire and used divination and inchantments and sold themselves to do evill in the sight of the Lord to provoke him to anger Therefore the Lord was very angry with Israel and removed them out of his sight there was none left but the T●ibe of Judah onely And the Lord rejected all the seed of Israel and afflicted them and delivered them into the hands of spoilers untill he had cast them out of his sight The prime cause and reason of all which is here given For He re●t Israel from the house of David and they made J●roboam the son of Nebat King and Jeroboam drave Israel from following the Lord and made them sin a great sin For the children of Israel walked in all the sins of Jeroboam which he did they departed not from them untill the Lord removed Israel out of his sight So was Israel carried away out of their own Land to Assyria unto this day 2 K. 17. See here an example of rebellion and what a dreadfull and unparaleld judgement followed They were rent from the people of God given up to their own corruptions cast out of Gods sight delivered into the hands of spoilers and at length carried into p●rpetuall captivity Grant O Lord th●● by thy judgments the inhabitants of
having by their wickednesse made themselves uncapable to inherit the kingdom of God 1 Cor. 6. 9 10. they do usually pluck down upon themselves or their posterity or both temporall judgements yea and those the more heavy and terrible because by the neglect of their charge and duty they become more unthankfull then others and more injurious unto so free so gracious so bountifull a Lord and Master For unto whomsoever much is given of him much shall be required Luk. 12 48. Of Gods judgements upon wicked and unjust Kings the Scriptures afford many examples Oppressing Pharaoh with all his mighty host was drowned in the Red sea Exod. 14. 17 28. Cruell Adoni-bezek was caught and had his thumbs and his great toes cut off in like manner as he had done before unto threescore and ten Kings Judges 1. 6 7. The fat Tyrant Eglon had a dagger thrust into his belly and the haft also went in after the blade and the fat closed upon the blade so that he could not draw the dagger out of his belly and the dirt came out Judg. 3. 21 22. Did not a woman east a piece of a milstone upon bloody Abimelech from the wall that he died in Thebez Judg. 9. 53 54 2 Sam. 11. 21. Did not Saul kill himselfe 1 Sam. 31. 4. Did not GOD take ten tribes out of the hand of Rehob●am for his father Solomons idolatry and oppression 1 Kin. 11. 33 35. and Ch. 12 4. 16. Did not dogs lick the blood of Ahab in the place where Naboth was unjustly stoned 1 King 21. 19. and Chap. 22. 38. And was not the whole house of Ahab aft●rwards destroyed by Iehu 2 King 10 11. Hoshea and all his Realme for their wickednesse were given into the hands of the King of Assyria 2 King 17. 4 6. Idolatrous Jehoram his gots fell out 2 Chron. 21. 19. Proud Vzziah was smitton with leprosie Chap. 26. 20 21. Wicked Manasseh was bound with fetters and carried to Babylon Chap. 33. 11. Boasting Nebuchadnezzar was driven from men and did eat grasse as oxen and his body was wet with the dew of heaven till his haires were growne like Eagles feathers and his nailes like birds clawes Dan. 4. 33. Persecuting Herod was eaten of worms and gave up the ghost Acts 12. 23. And indeed it is very hard to finde any one King despising his charge and duty by the breach of Gods Law and the oppression of his Subjects upon whom God hath not laid some heavy temporall judgement So that to be accountable unto God onely and to have him onely to be judge is not to be set at liberty but the more carefull and diligent ought the King to be in his calling knowing that it is a fearfull thing to fall into the hands of the living God Heb. 10. 31. Nor hath God left his people without remedy in case a King should become so wicked as to abandon his duty and fear of God For he hath in the Scriptures set forth severall means and remedies which the Subjects may and must use and they are five The first means is by exhorting the King unto his duty and often putting him in minde thereof this was frequently used by the Prophets Psal 82. 2 3. 4. Isa 1. 17. Jer. 22. 3. Ezek. 45. 9. And all the tribes of Israel told David of his duty when he was made King saying The Lord said to thee Thou shalt feed my people Israel and thou shalt be a Captain over Israel The second is by disswading the King from his evill course Thus Ioab disswaded David from numbring the people 2 Sam. 24. 3. Thus a man of God disswaded Amaziah from hiring men out of Israel 2 Chr. 25. 6 7. The third is by reproving Thus Nathan reproved David for murder and adultery 2 Sam. 12. 9. Elijah reproved Ahah 1 King 18. 18. Amos the Princes of Israel Chap. 6. 1. And Iohn the Baptist reproved Herod the Tetrarch Luke 3. 19. Observe that the remedies aforesaid do not belong to every subject For every one who listeth may not exhort disswade or reprove the King but the Scriptures expresse onely the Ministers of God the Elders Nobles and such who are in eminent and fit place to have used these meanes and that with all reverence and modesty 1 Sam. 24. 9. Prov. 25. 15. The fourth remedy is by flying or concealing our selves from the King Thus you shall finde David alwayes flying from Saul 1 Sam. Elijah fled from Iezebel into the wildernesse 1 King 19. 3 4. Baruch and Ieremiah hid themselves from Iehoiakim Jerem. 36. 19. Ioseph took Jesus and his Mother and by night fled into Egypt from Herod Matth. 2. 14. And Saint Paul fled from the Jewish Rulers who would have stoned him Acts 14. 6. But neither this nor any one of the other three Remedies before mentioned are fure and certain to attain the end aimed at For Ieremiah may exhort but Zedekiah will not regard 2 Chr. 36. 12. Ioah may disswade but Davids word shall prevail 2 Sam. 34. 4. A Prophet may reprove but Ieroboam will not amend 1 King 13. 4 33. Vrijah may flie into Egypt but Iehoiakim will fetch him back again Jer. 26. 21 23. The fifth and last remedy is by flying unto God in prayer with a serious and unfained repentance for sin This is the chief the certain and never failing remedy which Gods children have used at all times in their distresses When the children of Israel sighed by reason of the Egyptian bondage and cryed unto God then the Lord came downe and sent Moses to deliver them Exod. 2. 23. and Chap. 3. 7 8. 10. In the time of the J●dges when the Israelites repented of their wickednesse and cried unto the Lord the Lord alwayes raised them up deliverers Judg. 3. 9 15. and Cha● 4. 3. 24. and Ch. 6. 6 14. and Chap. 10. 15 16. and Chap. 11. 29. After their return from Babylon being in miserable slaverie under the Kings of Assyria they assembling with fasting and with sackclothes and with earth upon them repenting and acknowledging Gods goodnesse and their ingratitude humbly craving his mercy And then they made a sure covenant not a Covenant of rebellion by force to resist their Soveraigne and to free themselves from oppression as some corrupters of the truth would now a dayes perswade ignorant people but a covenant or oath to walk in Gods Law which was given by Moses the servant of God and to observe and doe all the commandements of the Lord their God and his judgements and his Statutes Nehem. 9. 1 2 38. ●nd Chap. 10. 29. The Psalmes do plentifully shew Davids practice in this kinde Psal 108. 12. and 109. 26. and 1 12. 4 7. and 142. 4. 5. The Prophet Micah having set forth the small number of the righteous and the wickednesse of these times concludeth with this as the onely sure remedy Therefore will I looke unto the Lord I will wait for the God of my salvation my God will
34. a. b. Sunt sub Rege liberi homines servi omnis sub co est ipse sub nullo nisi tantum sub Deo Si a Rege peta●ur cum Breve non currat contra R●gem locus erit supplicationi quod factum suum corrigat emendat si non f●cerit satis erit ei ad poenam quod Dominum exp●ctet ultorem de chartis Regiis factis Regum nec privatae nec justitiarii debent disputare There are under the King freemen and slaves and every one is under him and he under none but under God onely If ought be desired of the King since a Writ cannot go forth against the King an intreaty must come in stead that he would correct and amend his doing if he do not it will be punishment enough that he expect the Lord to be the avenger Of the Royall grants and actions of the King neither private persons nor Judges ought to 〈…〉 ute To the same purpose Thomas de W●lsingham mentions a letter written ●o the Bishop of Rome in the name of the whole Kingdom from the Parliament held at Lincoln An● Dom. 1301. wherein are these words Scimus Pater sanctissime notorium est à prima institutione Regni Angliae tam temporibus Brittannorum quàm Anglorum quòd certum directum dominium ad Regem pertinuit neque Reges Angli● ex liberâ praeeminentiâ Regi● dignitatis consuetudine cunctis temporihus observatâ c●ram aliquo judice Ecclesiastico vel seculari responderunt aut respondere debebant We know most holy Father and it is manifest from the very beginning of the Kingdom of England as well in the times of the Brittaines as of the Angles that the certaine and direct Dominion hath belonged unto the King neither have the Kings of England by reason of the unbounded preheminence of the Royall dignity and custome observed in all ages answered or ought to answer before any Judge Ecclesiasticall or Civill An Objection But you will thus object From whom the King receiveth His power to them He is accountable but from His people the King receiveth his power As Fortescue delivers c. 13. Ad tutelam Regis subditorum ac eorum corporum bonorum Rex erectus est ad hanc potestatem a populo effluxam ipse habet A King is ordained for the defence of the Law of his Subjects and of their bodies and goods whereunto He receiveth power of his people Therefore to his people the King is accountable The Answer Did the maker of this objection rightly set down the words of Fortescue he might easily answer himselfe For it is not barely Rex a King but Rex hujusmodi such a King meaning a King whose government is meerely politique But the government of England is not meerely polit●que nor meerely regall but mixt partly regall partly politique as he saith pres●ntly after Regnum Angl●e ex Bruti comitivâ Trojanorum in Dominium politicum regale prorupit The Kingdom of England out of Brutus his retinue of the Trojans first grew into a politique and regall Dominion And in the 9 cap. Rex Angliae principatu nedum regali sed Politice suo populo dominatur The King of England governeth his people by Dominion not onely regall but also politique How it is regall and how politique doth plainly appeare by what hath been before spoken For in regard all power and authority is from him and he holds his Kingdom and therewithall his power from God onely it must needs be that his government is regall And in regard he is tied to the observance of the Laws of his kingdome whereby Potestas regia lege politicâ cohibetur Fortos c 9 the power regall is restrained by a law politique it must needs follow that this government is politique So that in ref●rence to his power he is a regall King in reference to his duty he is a politique King The objection therefore being grounded upon Fortescues words of a kingdome meerly politique does not concern our kingdom Another Objection He who i● under the Law may be called to account for his actions but the king is under the Law Bracton fol. 5. 6. Ipse Rex non debet esse sub homine sed sub Deo sub Lege quia Lex facit Regem The King himselfe ought not to be under man but under God and under the Law because the Law makes the King The Answer We must here call to mind that there is a twofold power in the Law A directing power and a correcting power In respect of the former the King is under the Law that is to say the Law is the line and rule whereby the will of the King is guided and directed and in this sense Bracton spake In respect of the latter the King is not under the Law For how can we possibly conceive that he who giveth life to the Law should by the Law offer force unto himselfe and compell himselfe He that is under the former power onely is accountable to God onely for his actions as the King But he that is under both powers of the Law is accountable both to God and the Law as is every Subject In respect of the former the Law is the object and rule of Iustice and so the King is under the Law In respect of the latter the Law in the instrument of Iustice and so the King is not under the Law but the Law is a means serving the King to govern his people Take an example A servant who guides and directs his ma 〈…〉 r as he is a guide is superiour to his master but consider him as an instrument and servant unto his master and though he be never so wise and upright yet his master is above him And as the Law is said to be above the King so in the same sense His Councell may also be said to be above him that is in respect they guide direct and advise the King in the governing of his people For so saith Fleta l. 1. c. 17. de Iustic substit Rex habet in populo regendo superiores Legens per quann factus est curiam suam videlicet Comites ● Barones The King hath superiours in the governing of his people the Law by which He is made and His Councell to wit the Earles and Barons A Doubt But here a scruple may arise what Fleta and Bracton should meane when they say The Law makes the King Resolved I answer There are two singular and excellent benefi●s which by the Law redound unto the King The one is The Law does declare and publish unto the people the Kings right unto the Crown so that they quietly and willingly receive Him as their King and submit unto Him The other is The Law does support and strengthen Him in His Throne In both which respects it may well be said That the ●aw makes the King and so my Lord Cook spake right when he told King James That the Law