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A86918 A vindication of the Treatise of monarchy, containing an answer to Dr Fernes reply; also, a more full discovery of three maine points; 1. The ordinance of God in supremacie. 2. The nature and kinds of limitation. 3. The causes and meanes of limitation in governments. Done by the authour of the former treatise. Hunton, Philip, 1604?-1682. 1644 (1644) Wing H3784; Thomason E39_12; ESTC R21631 66,271 81

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what as appeares in the Debate in the end of my Treatise may soone be answered out of the Declarations of the Houses and the fresh memory of past occurrents And in this reply he hath not so much as touched upon that Chapt. of my book But that which in his first Tract he mainely and in this Reply he solely labours to make good is the first Assertion which is a universall one and worthy to be examined in all Ages and Governments whatsoever becomes of this present contention in this Kingdome Now concerning that Thesis in my Treatise of Monarchy I have affirmed and confirmed two things 1. That if he could make it good yet it were nothing to the businesse he hath undertook which is to satisfie the conscience concerning the Unlawfulnesse of Resisting Instruments not the King of which hee hath spoken very little or nothing at all 2. That if he could prove that in some Kingdomes where the will of the King is the peoples Law Resistance of Instruments were unlawfull if actuated by the Soveraignes will Yet in Legall and Limited Governments it doth not follow to be true yet this he must make good if in our present case he satisfie mens consciences as he undertakes These two are the summe of my Answer to the Doctor in that Treatise and if in this Reply he doth any thing he must speake to these points Something he hath here spoken concerning the Ordinance of God in Supremacy Of Cases of Resistance of Kinds of Monarchy of the Constitution of this Monarchy but how truly and satisfactorily it is my part to examine and let the world judge But as if he had already cleared the matter he proceeds to give sentence before the cause be heard And doubts not to call the contrary Resolution a Blaspheming of God and the King p 4. I answer If there be any which will defend the lawfulnesse of taking Armes against the King and in any case to resist the Powers They crosse the evident truth of Scripture and I condemne them Yet me thinks the Doctor deales somewhat severely with them to call them Blasphemers of God for every errour about the word is not Blasphemie but a wilfull and obstinate speaking evill of the things of God Likewise concerning a King if it be true that he be seduced then it is no blasphemie which alwayes is a falshood If it be false yet it is inhumane to call it a blaspheming when it imputes nothing to him but to be seduced which the best and most innocent Prince may be sure if it be a blaspheming it is of the Counsellours and seducers for to them the evill is imputed Then p. 6. He comes to speake of what he intends in this present booke sc that he will cleare this point That the Doctrine teaching that subjects may take Armes against their Soveraigne for the defence of Religion and Liberties when in danger of subversion is destitute of Scripture and true reason As I said still he drives at a vaine scope to prove that which none denies Let him prove that in our Kingdome Resistance of subversive instruments is a taking Armes against their Soveraigne and he does the work else he proves in vaine But let us see how in the processe of this booke that will be cleared which none doth deny First upon examination of places of Scripture it will appeare that Gods people were continually under Kings which they might not resist c. What then must it needs follow that all other people must too But whether the word containes any thing against Resistance and how far we shall enquire in the processe of this dispute Secondly Vpon the examination of Reason it will appeare how inconsistent such a Power of Resistance in subjects is with Government c. Indeed he will make appeare a great matter would he would speake something to the Question and not proceed so indistinctly I hope in the processe of his book he will come neerer to the businesse then here he promiseth or else all our labour will be to little purpose After he hath told us what great matters we are to expect in his Sect. 3 booke he complaines how much his expectation hath been deceived by his Adversaries He confesses They have great appearance of Reason raised on Aristotles grounds or principles so that at first sight it seemed unreasonable that subjects should be left without this remedy If he speake all this of Resistance of their soveraigne sure it seemes not at all unreasonable but agreeable to all reason that subjects should be without this remedy It is directly against the word and all sound reason that a people lifting up a Person above themselves and by sacred Covenant giving him a Power above themselves should afterward on any pretence assume a power of Resisting that Person and power and violate their own Covenant and Oath of due subjection But if that Person be invested with a limited Power and he proceed to acts of meere arbitrarinesse without the limits of that Power conferred on him Then it is all the reason in the world that the Limiting States should exercise an effectuall restraining Power by resisting instruments of such arbitrary and subversive acts and we have not a sillable of Scripture contradicting it But if it seemed so unreasonable to the Doctor that subjects should be without this remedy why doth he contradict Reason in a businesse within its compasse He tells you He found Reason presently checked with that saying of our Saviour Mat. 10.25 It is enough for the Disciple that he be as his Master And was this all the check your Reason had It is a very weake Reason which would yeeld to such a check What is every Christian bound for his outward state to be in no better case then Christ was If he were pleased to be borne under an absolute Government to be of low and poore condition doth this impose a necessity on all to be no freer no richer then he was A man would think his Reason were not only checked but broken which should so argue Let it be proved that by the providence of God we are brought forth under such a Governement as our Master was then will we hold our selves bound by his example to abide quietly in that condition we are borne to but if God as he hath dispensed to many a richer estate then Christ was pleased to have so hath to us a freer Government then the Apostle adviseth us to use it rather and not to be trifled out of it by a shew of our Masters example in a case in which it binds no man But in what hath his Adversaries so much deceived his expectation He expected expresse Scripture but he finds them altogether fayling only their faith aad perswasion is resolved into an appearance of reason raised upon Aristotles grounds and principles p. 6. Mr Hooker might have taught him that the intent of the Scripture is to deliver us credenda but in matters within
A VINDICATION OF THE Treatise of Monarchy CONTAINING An Answer to Dr Fernes Reply ALSO A more full Discovery of Three maine Points 1. The Ordinance of God in Supremacie 2. The Nature and Kinds of Limitation 3. The Causes and Meanes of Limitation in Governments Done by the Authour of the former Treatise LONDON Printed by G. M. for Iohn Bellamy and are to be sould at his Shop at the Signe of the three Golden-Lyons in Cornehill neare the Royall-Exchange M.DC.XLIV A VINDICATION OF THE Treatise of Monarchie The Preface PErusing with a sad heart and conscience desirous of Information the Papers made publike by the Defenders of both sides in this wofull division I found divers of them running out into irreconcileable extreames among which this Resolver the Authour of the fuller Answer and the Divines pleading for Defensive Armes were the chief In which I conceived there were passages contrary to all true policie and the particular Frame of this State Hereon a desire of allaying mens spirits and reducing them to a moderate compliance in one Truth induced me to a composing of that Treatise In which how farre I have attained my ayme I leave it to the world to judge But it fals out with me as it did with Moses endeavouring to set at one his contentious Brethren I have hard words and censures laid on me for my labour This Doctour tels me I have sowne seeds of sedition opened a way to Rebellion and termes me an engaged man But to whom I am engaged unlesse to Truth I know not Engaged indeed I am to defend the Kings Supremacie against one part by my Oath of Allegiance and engaged to defend the Priviledges of Parliament and lawfull Liberties of the Subject against the other part by my Protestation beyond these I know none and perhaps if this censurer knew my condition he would acknowledge as much No those men are rather engaged whom ayming at Miters and a dominion over their fellow-Presbyters it much concernes to prove the Power of Kings unlimited that so they may be able to satisfie their unlimited desires and uphold them in a boundlesse jurisdiction over the consciences of men but for this Doctor I know him not I judge him not Then for Sedition and Rebellion The searcher of all hearts knowes how farre they were from being the scope of that discourse rather it was an utmost assay of appeasment by shewing the way to a discreet moderation These Masters of controversie take a right course to subvert the Kingdom by disputing men into a degree of Opposition beyond all Attonement for as I am perswaded the high spirit of Kings will rather incurre the worst hazzard then submit to such termes as to be Vniversis minores that is subject to their Subjects common servants and Officers of their Kingdomes tyed up to an absolute necessity of assenting to the Determinations and Votes of the States So I am as confident that these two British Nations yea very many now being in his Majesties Armies will spend their last bloud rather then come downe to this Doctors termes sc a meere passive non resistence of subversive instruments of Arbitrarie commands a simple morall liberty which the basest slaves in the Turks gallies enjoy because it cannot be taken from them For my part I doe not reckon my life and liberty worth so much pleading for but the libertie of my Country is deare to me The established Government is deare to me because in it is bound up Religion the publicke Good yea the very Title of the King to this Crowne These I plead for against a man who by his unconscionable resolves of Conscience hath done what by a pen can be done to dissolve them who in three whole books hath undertaken the Patronage of Subverters of Religion Laws and Government and thinks it worth his pains if he can procure them an irresistibilitie I thought I had weighed out Truth to both sorts with so even a ballance in that Treatise that none had any cause to complaine But I see this man must have all goe his owne way He hath a high designe no lesse then a full conquest of all States To bind the Consciences and hands of Nations and deliver them up to the Executioner to inflict on them the capitall doom of subversion if at any time the supreme Magistrate please to give the word To this purpose having made some animadversions on scattered passages of my Book He is pleased to publish them under the stile of a Reply I may well call it a negative Reply He denies what I have asserted and layes downe his owne contradictorie Notions and that is all no Scripture nor Reason but what is fully answered in my former It is so hollow a discourse that an ordinary eye may see through it without the light of any further Answer yet because he gives me occasion of fuller illustration and justifying my supposals and discovering the vanity of his I have made him this Return in which I have to my knowledge left unanswered no passage of moment which concernes me in his Reply other parts of it have I left untouched for them to whom they belong And now with prostrate humility I beseech that sacred Authoritie which here againe is made the matter of this dispute not to impute iniquity unto me presuming for Truth and Conscience sake to make inquiries into it The Sun-beames strike not dead the poor Mathematician who standing on this mole-hill assaies by his instruments to take the dimensions of that glorious bodie Yea the great God of Power permits men without the guilt of sin to search into his Perfections and to set not positive yet negative bounds to Omnipotence it selfe Let not then his Vicegerent be incensed to disdain if we search into the limits of his Power I envie not it's extent let it be as large as Truth and Law can stretch it And my dutie binds me to beleeve that he would not have it larger Princes require a reasonable subjection and that is best performed where the nature and measure of Power is best knowne which to find out is all the drift of my former and this Treatise unto which now we will passe over The Contents of the severall Chapters and Sections CHAP. I. THE Case mis-proposed by the Doctor in his Resolution Sect. 1. His uncharitable rash Censures His Intents in this Reply come not home to the Case in question Sect. 2. How far Scripture proofe is to be expected in these Cases Sect. 3. Chap. 2. In the Question of Resistance the Doctors Distinction of Times and Persons is vaine How farre Resistance is asserted by me in this and the former Treatise Chap. 3. The Doctor and other of his sort abuse Scripture in this Question Sect. 1. Scripture warranting this resistance but having not a word against it The Doctor in words professing against Absolutenesse but indeed pleading for it Sect. 2. Government not only from God but subordinately from the people Sect. 3.
Irresistiblenesse a Consequent of Absolutenesse Limited Monarchie is in the very Power Sect. 4. Mixture must be in the very Power The Doctors strange and sencelesse conceit of Mixture Sect. 5. Conquest gives no morall title before consent Sect. 6. Chap. 4. The Doctors vaine and false supposals about Gods Ordinance in Soveraignty It doth not exclude Limitation of Power Sect. 1. His false supposals about the Nature and Quality of Limitation Sect. 2. His false supposals about the Causes and Meanes of Limitation Sect. 3. Chap. 5. The Soveraignty of this Kingdome Limited in the very Power and from its first Originall The vanity of the Doctors three Titles by Conquest Sect. 1. Arguments for Limitation and Mixture vindicated Sect. 2. Seven Queries concerning this Government Sect. 3. Chap. 6. The stating of the Question of Resistance asserted The Appeale ad conscientiam generis humani in the utmost contention vindicated Sect. 1. His arguments against Reservation of Power of Resistance are answered Sect. 2. Chap. 7. The vanity of his conceit about jus Regis His deceitfull citing of Calvin The Government of the Kingdome of Israel proved absolute Sect. 1. Instances for Resistance out of the Old Testament justified Sect. 2. Chap. 8. The Text Rom. 13. nothing concernes this Resistance His unjust charging of me in this Question His slighting of Doctor Bilson and other Divines Resistance of exceeding Acts no Resistance of the Power Sect. 1. Emperours of Rome in S. Pauls time proved absolute Sect. 2. Chap. 9. His nine Reasons against Resistance answered Sect. 1. The five reasons for Resistance made good Sect. 2. The Doctor recedes from his first Assertions And yeilds us the Question No evils follow this Resistance but many its deniall Sect. 2. The Conclusion of the whole Sect. 3. A VINDICATION OF THE Treatise of Monarchie OR An Answer to Dr FERNES Reply CHAP. I. An Answer to the first Section of his Reply THE first Section containes his Preface where p. 2. He Sect. 1 taxes me that I looke not with a single eye on what he hath written misconstruing it many times but whether I have so done or no it will be manifest in the sequell Then more then once he censures me for being engaged What engagements I have appeares before in my Preface But I set up my rest upon a groundlesse fancie of such a mixture and constitution of this Monarchy c. Whose supposals are groundlesse fancies his or mine I doubt not will fully appeare in this ensuing discourse Neither had I any other purpose to which I have fitted that Treatise then the simple finding out of truth God knowes how ever the Doctor pleaseth to censure the purposes of my heart Viewing this Resolvers discourse for the satisfaction of my conscience I found it confused and not approaching the Case which now troubles the world Men enquire about the Lawfulnesse of Resistance of Instruments He answers concerning Resistance of the King Men demand Whether Resistance of subversive Instruments be the Resistance of Gods Ordidinance forbidden Rom. 13. He supposeth that which is the Question and makes that the ground of his Resolve which is the sole thing at which the conscience scruples This put me on a Discourse of Monarchy that so by a distinct considering of the grounds of true Policie I might both satisfie my selfe and others and not suffer mens consciences seriously desiring found information to be either puzled or misled by so confuse and indirect a Resolution Yet something there is which he likes in me that is as much as serves his own turne I doe with much ingenuity disclaime and with no lesse reason confute severall Assertions of other writers c. in p. 2. Would he could as well have seen my confutation of his as of other errours What I have said against him as it proceeds from the same impartiall spirit so it containes the same truth as I doubt not the judicious Reader will discerne But yet I hold the ground on which their Absurd assertions are raised sc that the Mixture is in the Supremacie of Power only I give the King apicem potestatis the top or excellency of Power that is the King is the crown or top of the head c. Thus is he pleased to jeere me but how justly it will hereafter appeare And wheras I place the Authority of determining the last controversies in a mixt Government not in the two Houses this he commends in me but that I doe not ascribe it to the King This he exclaimes against as a ready way to confusion but why and how it is so he tells us not only promiseth to speake of it more below but where that below is I cannot find Sect. 2 After he hath thus touched upon those things which he is pleased to tax in my Treatise He proceeds p. 4. to shew us what his intent was of first undertaking and now proceeding in this Argument Well let us heare what it was The intent of his first Treatise was to resolve the Consciences of misled people touching the unlawfulnesse of Armes now taken up against the King He erres in his proposing of the very Case I believe he knowes no conscience misled touching this matter The Case which he should have resolved if he had done any thing was touching the unlawfulnesse of Armes now taken up against subverting instruments of the Government of the Kingdome and that the resisting of these is a Resisting of the King No wonder if he who shootes at a wrong marke looseth all his arrowes This wrong proposing and prosecuting of so weighty a case which I doubt was purposely done set me first on work in this businesse Heare then the case more simply proposed and I refer me to the consciences of men whether I come not neerer the truth of it then this proponent hath done The Houses declare Religion and established Government to be in apparent danger by meanes of some subversive Counsellours and Instruments about the King This being supposed they proceed according to Vote to the Ordinance and execution of the Militia so to resist and apprehend those Counsellours and Instruments from whom they had declared the danger to spring This put on the Doctor to his first booke to resolve the consciences of men that it was unlawfull Now see what course he tels us he took to resolve men in this case He undertakes to make good two Assertions 1. Were the King so seduced it were not safe to beare part in the resistance of Armes now used against him 2. That the case is not so as they suppose but rather apparently contrary In the proofe of these two he spends his whole book Concerning the latter I intend no controversie with the Doctor Would he could make it cleare to the satisfaction of the consciences of all men that were the way indeed not only to satisfie mens consciences but to calme the Kingdome into a blessed peace But the Doctor is but slight in that part and sayes nothing but
set new bounds to the Soveraigne Power yet may it stand to keep in a legall way those bounds which the soveraigne Power hath set to it selfe Observe He dares not to say They may keep but only stand to keep nor stand neither but by advice that is morally If he will exceed those bounds the Act is valid and hath all its Authority without them Only he sins if he doe so because he hath promised he would not doe it without them Here 's excellent Limitation and Confinement from exorbitancies A bare promise without such adoe in constituting States and Mixtures would be altogether as good a bounds but of this we shall have more occasion to speake afterward In the close of this Section he turnes back to the p. 21. of my book Sect. 6 and hath somewhat to say to my Assertions about Monarchy by conquest There first I say If the invasion be made upon pretence of Title and the pretender doth prevaile it is not Conquest properly but a Vindication of a Title and then the Government is such as the Title is by which he claimed He tells us He sees no injustice in it if such a one having prevailed should use such a people as a Conquerour p. 19. The Lord keep us from this mans justice What No injustice If the Pretenders Title allowed by a great part of the people he by their aide subdues the rest shall he for their labour crush them into servitude and use the power of a Conquerour without injustice 2. Suppose the people not convinced of the right of his Title make at first some opposition but yet the pretence of his Title and apprehension that he seekes no more power then his Title imports work a yeilding disposition in them so that they withstand not so universally nor so long as they might have done but at length submit to him on his pretended termes were it not high injustice to take advantage on such a people and having them under hatches to desert those termes on which they yeilded and use the full right of a Conquerour This was Englands case with Duke William But the maine thing which sticks by him is something I have delivered p. 23. It is an uncontrolable truth in policie that the consent of the people either by themselves or their Ancestours is the only meane in ordinary providence by which soveraignty is conferred upon any person or family Against this he is very angry and opposeth it in many words but to my Argument from the Morall bond of subjection he sayes nothing at all He termes it good policie but bad divinity p. 20. And sets up an Antiposition that when the invading Prince has perfectly subdued a people there being no heyre to whom they are bound and hath setled and constituted a frame of Government then providence doth sufficiently discover it selfe and such a people ought to submit and take this Prince as set over them by the hand of providence As if these two were contrary I say They are not bound untill they consent He sayes in such a case they are bound to consent because then providence discovers it selfe And he brings Calvin at large to prove that which none denies I grant a people not preobliged fully overcome should much sin against Gods providence by obstinacie if on a meere will they consent not to reasonable termes of subjection But this I say There is no morall obligation to Authority before that consent bind them Conquest may be an Antecedent cause but the immediate and formall cause is only the consent of the people which he cannot say against for that must be morall and not meerely violent The call of providence challengeth a contented submission if there be no reason hindring it but if a precedent Oath or some other sound reason intervene then it is no call requiring submission Neither can the fullest conquest make a people debtors but they remaine free from any morall bond for the providence of God being of it selfe externall can induce no morall state but that providence which on one discovery calls to a submission on a like discovery may free them againe if nothing else come between to render them morally bound A Travellour by the providence of God shut up into the hands of a Robber hath his life and protection promised him in his journey if he will promise to pay him so much money I say this Travailor should sin against his own life and the providence of God offering him those termes if obstinately he refuse submission Yet no man will say he owes the robber so much money because he hath him at his mercy untill he by promise make himselfe a debtor Thus have I made good that maxime of mine to be an uncontrouleable Truth good Policie and good Divinity too maugre all the Doctor hath or can say against it CHAP. IV. Wherein the vanity and falshood of the supposals whereon the Doctor hath built all his discourses is made appeare Sect. 1 AFter a scattered gleaning of passages in the former Sections the Doctor undertakes the two great Questions 1. Of the Constitution of this Monarchy in his Sect. 4. 2. Of Resistence in the remainder of his book Which two we should now immediately pursue but that another work more conducent to the ending of this contention will for a while divert me Errour in the search of controverted truths doth more often arise from the judgement then from the reason Men doe more offend in laying false grounds then in deducing false inferences from true grounds This I have observed in the Doctors bookes He truly argues but from false principles and then the superstructure must needs be answerable so that overthrow his foundations and then all his building will of it selfe ruine into apparent falshood I confesse he every where sayes the same of my Grounds on which I have built that Treatise He cals them false and groundlesse supposals and fancies and what else he pleaseth I will therefore make him a fayre offer Let us make a short work of it let us joyne issue upon our supposals on which both our discourses are built This Doctors supposals which he scarce ever makes shew to prove and on which he hath built his Resolves and Discourses I doubt not to call unsound and false and doe professe the contrary to be my grounds whose truth I will maintaine His may be reduced to foure heads 1. Concerning the Ordinance of God in Soveraignty 2. Concerning the Nature and Quality of Limitation 3. The Meanes and causes of Limitation 4. The Constitution of this Monarchy And according to this order we will take them into examination First Of the Ordinance of God in Magistracy Of Gods ordinance in supremacie He proceeds on two false principles 1. That the Governing power is one and the same which God gives and settles upon the person that is supreme p. 13. that is it is absolute and unlimited in the power it selfe and may be limited only in