The Wounded Conscience Cured, Introduction
AN INTRODVCTION VntoUnto the Treatiſe neceſſary for all good Subjects to underſtand, &c.
I Have peruſed Doctor Fearne his booke intituled, The reſolving of Conſcience, wherein I finde that he hath exceedingly miſtaken the queſtion; the queſtion in truth is, whether the Parliament now hath juſtly taken up arms; we affirme it, he denies it, and withall ſlips into another queſtion, whether it be lawfull for the Subjects to take … armes againſt their King: But if he will ſo propound the queſtion, …en I muſt preface theſe two or three diſtinctions, and one caution, Firſt, at the ſubject is conſidered two waies, either
unitivè, conjunctively, OR
diviſivè diviſively.
The Subject conſidered …viſively hath alwayes applied himſelfe to prayers and teares, uſing no her remedy; and of this we ſpeake not: but conjunctively conſidered …ate-wiſe, ſo he now doth, and 'tis lawfull for him thus to take up arms. …condly, the Subject may be ſaid to take up armes either as an act of …f preſervation, or as an act of juriſdiction exerciſed towards his Prince. …e firſt way we ſay it is lawfull; the ſecond way we contend not for. …irdly, the Subject is ſaid to take up armes againſt the King either as a…nſt the Kings perſon, and of this we do not ſpeak: or as againſt the …ngs commandment for their own preſervation, ſo we affirm it, and then …r poſition is,
That it is lawfull for the Subjects conjunctively conſidered to take upThe poſition. …nes for ſelfe-preſervation againſt the Kings commandement, where …o things are to be cleared: Firſt, that this is the caſe of the Parliament. …condly, that this is lawfull for them to do: firſt, this is their caſe; for as any reaſonable by-ſtander may obſerve there are 3 grounds of this the proceeding, the one is to fetch in Delinquents, and ſuch perſons as a… accuſed before them to be legally tried in that higheſt Court of the Kingdome; the ſecond is to defend the State from forraigne invaſion, who ſe… more into the danger then we do; the third is to preſerve themſelves a… the Countrey from the inſurrection and rebellion of Papiſts: and that th… is lawfull we prove by divers reaſons, ſome drawn from nature, ſom… from Scripture, ſome from the fundamentall Lawes of the Kingdome ſome from the being of Parliaments, and ſome from the common tru… repoſed on Princes.
Firſt, from nature; It is the moſt naturall worke in the world for ever… thing to preſerve it ſelfe. Naturall for a man to preſerve himſelfe, naturall for a Community; and therefore when a Common-weale ſhall chu… a Prince or a State-officer, though they truſt him with their welfare, the that act of their truſt is but by poſitive law, and therefore cannot deſtro… Iacob; Almain de auth: eccleſi… apud Gerlon.the naturall law, which is ſelfe-preſervation, Cum humana poteſt is ſupra j… naturae non …iſtit, ſeeing that no humane power is above the law of n… ture.
Secondly, from Scripture: the Word of God ſaith expreſſely in 1 Chr… 12. 19. That David went out againſt Saul to battaile: yet he was Sau… ſubject at that time, for the Lord of the Philiſtims ſent him away, ſayin… he will fall to his Maſter Saul: which Text I bring not to prove that Subject may take up armes againſt the King perſon; but that the Subject may take up armes againſt thoſe that are malignant about the Kings perſon, notwithſtanding the Kings command to the contrary, which becauſ… this of David is ſaid to be againſt Saul, and that Davids heart ſmote hi… for cutting off the lap of Sauls garment: the meaning therefore muſt nee… be that he went out in battell againſt thoſe that attended upon Sau… ſtrengthned by Sauls authority, notwithſtanding Sauls command to th… contrary. And in the new Teſtament, Rom. 13. 1 We are commanded to ſubject to the higher Powers, now the Parliament being the higheſt Cou… of Juſtice in this Kingdome (as King James ſaith in his Baſilicon Doron muſt needs be the higher powers of England, though the King be ſ… preme, yet they have the high power of declaring the law (as this Doct… Fearne confeſſeth) being moſt fit to judge what is law. They therefor… declaring this to be the fundamentall Law of the Kingdome for the ſu… jects to defend themſelves by forcible reſiſtance, notwithſtanding t… Kings command to the contrary, it is the duty of all the ſubjects to be … bedient to theſe higher powers.
Thirdly, from the fundamentall Lawes of the Kingdome: It is according to the fundamentall Laws of the Kingdome (yea written and not unſeene Lawes) That the Parliament are truſted by the Common-weale with the welfare and ſecurity thereof; whence I doe reaſon thus: If it be the duty of the King to looke to the ſafety of the Kingdome, and that becauſe he is truſted therewith by the Common-weale; then if the Parliament be immediatly truſted by the Common-weale with the ſafety thereof as well as the King, though not ſo much, then are they to looke to it, and to uſe all meanes for the preſervation thereof as well as the King: But ſo it is that the Prince is bound to looke to the ſafety and welfare of the Kingdome as is agreed by all; and ſecondly, therefore he is bound to it becauſe he receiveth this power originall (I ſpeake not in oppoſition …o God) but I ſay originally from the people themſelves, as appears by the government of the Judges and Kings of Iſrael, which government, this Doctor ſaith, was Monarchicall, the beſt plat-forme for England: For Judges 8. 22. The men of Iſrael come unto Gideon to make him their King, and Judges the 9. 6. They gathered together and made Abimeleck their King, and Judges 11. 8, 9, 10, 11. The people covenanted with Jephtha and made him their King: and as for Saul, (though he was deſigned by God to the Kingdome) yet the people themſelves choſe the kinde of their government firſt, when they ſaid, Give us a King to rule over us after the manner of the Nations: After that God had annointed Saul, it is ſaid, 1 Sam. 11. 15. And all the people went to Gilgall, and there they made Saul King before the Lord in Gigall: and as for David, though he was annointed King by Samuel, yet we finde that he continued a Subject unto Saul after that; and the 2. of Sam. 2. He came unto Hebron, and there the men of Judah were, and there they anointed David King over the houſe of Judah, v. 4. After that he was thus annointed by Judah to be King over them, yet he did not rule over Iſrael, till the other tribes alſo went out and made him King over them, 1 Cron. 12. 38. It is ſaid that all theſe men of warre came with a perfect heart to Hebron to make David King over all Iſrael, & as for Solomon (though he was deſigned by God to the Kingdome, yet) it is ſaid of him alſo, 1 Chro. 29. 22. that all the Corgregation did eat and drinke before the Lord, and they made Solomon the ſon of David King the ſecond time, and annointed him unto …he Lord to be the chiefe Governour. Solomon being dead, the ſecond of the Chron. 10. 1. It is ſaid of Rehoboam, that he went to Shechem, where all Iſraell came to make him King; and in the ſecond of Sam. 16. 18. it is ſaid thus: And Huſhai ſaid unto Abſolon, God ſave the King, God ſave the King: and Abſolon ſaid unto Huſhai, Is this thy kindneſſe unto thy friend, why wenteſt thou not with thy friend? And Huſhai ſaid unto Abſolom againe, nay, but whom the Lord and this people and all the men of Iſrael chuſe, his will I be, and with him will I abid…: … that wee ſee that theſe Monarchs both of the Judges and Kings … Iſrael were choſen and entruſted▪ by the people, and had their powe… of governing from them. 3. The Parliament alſo is immediatly truſted b… the people, and Common-weal with the ſafety thereof as wel as the King though not to be King, for they are the officers of the Kingdom, and therefore choſen immediatly by the people, and not deſigned by the King: an… this kinde of officers was in Davids time alſo; there were ſome Officer… then that were the Kings Officers, his Cooks, his Bakers, the ſteward o… his houſe, and the like. Others were the officers of the Kingdome called the Elders and heads of the Tribes, which though they were under him yet were they with him truſted in the affairs of the Kingdome, whom therefore he did conſult with in the great affaires of the State, 1 Chron. 13. 1… wherefore ſeeing the King is to looke to the ſafety of the Kingdome, and that becauſe he is truſted therewith by the people, and the Parliament ar… as well truſted by the people with the ſafety of the land, it is their duty i… caſe of danger to looke to it, which they are not able to do…, and mak… good their truſt, unleſſe they have power to take up Arms againſt an enemy, when the Prince is miſled or defective.
4. From the being of a Parliament. As it is a Parliament it is the higheſt Court of Juſtice in the Kingdome, therfore hath power to …nd for by force thoſe that are accuſed before them that they may come to thei… triall; which power (if I miſtake not) inferiour Courts have, much more the higheſt. 'Tis out of doubt agreed on by all that the Parliament hath a power to ſend a Sergeant at Armes to bring up ſuch an one as is accuſed before them; and if they have a power to ſend one Sergeant at Arms▪ then 20. if 20. be accuſed, then a 100. if there be a 100. accuſed▪ then a thouſand, if there be a thouſand accuſed, then tenne thouſand▪ if there be tenne thouſand accuſed, and ſo more or leſſe as occaſion ſerves▪ for there is the ſame reaſon for two as for one, and for 4. as for 2. and for a 100. as for 20. and for a 1000. as for a 100. and take away this power from the Parliament, and 'tis no longer a Parliament▪ but the King… and his forefathers have by law ſetled theſe libertie… of Parliament, and therefore according to Lawes, they have a power to ſend for by force thoſe that are accuſed to be tried before them, which they cannot do unleſſe they raiſe an army, when the accuſed are kept from them by an army.
5. From the common truſt repoſed on Princes and the end thereof, which is to feed their people, Pſal. 78. 70. He choſe David his ſervant an… tooke him from the Sheep-fold to feed his people, Jacob and his inheritance in Iſrael. The end why the people have truſted the Prince is the ſ…fety and ſecurity of the Kingdome, the ſafety and welfare of the State, not that the King might be great, and the Subjects ſlaves. Now if a people ſhould have no power to take up armes for their owne defence becauſe they had truſted the Prince therewithall, then by that truſt they intended to make themſelves ſlaves. For ſuppoſe the King will let in a common enemy upon them, or take his owne ſubjects and make the… ſlaves in Gallies, if they may not take up armes for their owne defence becauſe they had truſted their Prince therewithall, what can this be but by their truſt to make themſelves ſlaves unto him?
2. The caution that is to be premiſed is this; notwithſtanding all that I have ſaid yet, I doe not ſay that the ſubjects have power to depoſe their Prince, neither doth our aſſertion or practice enforce ſuch an inference.
Object. But if the power of the Prince be derived from the people, then they may take away that power againe. Reſp. It followes not, neither ſhall the people need to thinke of ſuch an inference. Indeed if the power were derived from the people to the Prince firſtly, and that the people ſhould be ſo ſtrait-laced that they ſhould have no power left to defend themſelves in caſe of danger when the Prince is miſled, or unfaithfull, then the people might be occaſioned to thinke of depoſing their Prince: but though the power of the Prince bee originally from them, yet if they have ſo much power left as in times of danger, to looke to their owne preſervation, what need they thinke of any ſuch matter?
Object. Why but if the people give the power, then if abuſed, they may take it away alſo. Reſ. No that needs not; ſeeing they never gave away that power of ſelfe preſervation; ſo that this poſition of ours is the onelyonly way to keepe people from ſuch aſſaults, whereby the power of the Prince is more fully eſtabliſhed: whereas if people were kept from power of ſelfe-preſervation which is naturall to them, it were the onelyonly way to breake all in peeces; for Nullum violentum contranaturale eſt perpetuum, no violent thing againſt nature is perpetuall. Thus have I clearly opened our opinion, and proved our ſentence, give me leave now to ſpeake with the Doctor.