The Wounded Conscience Cured, Section 1
Section I.
THe Doctor ſaith, That in the propoſition or principle, by the word reſiſtance is meant not a denying of obedience to the Princes command, but a riſing in armes a forcible reſiſtance: this though cleare in the queſtion, yet I thought good to inſinuate to take off that falſe imputation laid upon the Divines of this Kingdom, and upon all thoſe that appear for the King in this cauſe.Gubernat… res ergo in …is rebus quae cum decalog… & juſtis legibus pugnant nihil juris aut immunitatis habent p…ae caeteris hominibus privatis; & perpretrantes id quod malum eſt, Coguntur tam metuere ordinationem Dei gladium preſtante ad vindictam nocentium quam alii homines privati nam Paulus Ro. 13. docet Deum ordi…aſſe & inſtituiſſe poteſtatem illam gladio defendendi bonum▪ & puniendi malum, & praecipit ut omnis anima (& ſic ipſi guber n…ores▪ tali Dei ordinationi fit ſubjecta, hoc eſt obligat ad ſacien…m bonum ſi velit defendi iſt a. Dei ordinatione & non ob ſua facino…a impia puniri. Magdeburgenſis cent. 1 l. 20. cap. 4. page 457. Quod a… tem ad nos proprie pertiner poſſum enumerare duodecim aut etiam amplius reges qui ob ſcelera & flagitia aut in perpetuum carcetem ſūt damnati, aut exilio vel morte voluntaria juſtas ſcelerū poenas fugerant nos autemid contendimus populum a quo reges noſtri habent quicquid juris ſibi vindicant regibus eſſ… potentiorē: Iuſ que idem in cos habere multitudinem quod illi in ſingulos a multitudine habent, B… de Gub: Regni apud Sco…os.
Here the Dr. would inſinuate in the very entrance of his book (that ſo he might the better captare benevolentiam, curry favour for the matter of his diſcourſe following.) That the Divines of England are of his judgement. But if they be ſo, ſurely their judgement is lately changed: But indeed what Divines are of his judgement? not the Divines of Germany, not the Divines of the French Proteſtant Churches, not the Divines of Geneva, not of Scotland, not of Holland, not of England.
Not the Divines of Germany, who ſay thus: Governours therefore in ſuch things that are repugnant to the Law of God, have no power or immunity above other private men, & they themſelves commanding that which is evill, have no power or immunity above other private men, and they themſelves commanding that which is evill, are as much bound to feare the ordinance of God, bearing the ſword for the puniſhment of vice as other private men. For Saint Paul in Rom. 3. ſaith, that God did inſtitute and ordaine a power both of defending that which is good, and puniſhing that which is evill, and he commands that every ſoule (and ſo the Governours themſelves) would bee ſubject to this ordinance of God that is bound to doe good, if they would be defended by this ordinance of God, and not by their wicked deeds, make themſelves liable to puniſhment.
Not the Divines of the French Proteſtant Churches; witneſſe their taking up of armes for the defence of themſelves at Rochell.
Not the Divines of Geneva: For as Calvin in the 4. book of his inſtitutions chap. 10. ſaith thus: For though the correcting of unbridled government be revengement of the Lord, let us not by and by think that it is committed to us, to whom then is given no other commandment but to obey and ſuffer; I ſpeak alway of private men, for if there be at this time any Magiſtrates in the behalfe of the people (ſuch as in old time were the Ephori that were ſet againſt the Kings of Lacedemonia, or the tribuner of the people againſt the Roman Conſuls, or the Demarchy againſt the Senate at Athens, and the ſame power which peradventure as things are now the 3 States have in every Realm when they hold their principal aſſemblies) I do ſo not forbid them according to their office to withſtand the outraging licentiouſneſſe of Kings, that I affirm, if they wink at Kings wilfully ranging over and treading down the poor Commonalty, their diſſembling is not without wicked breach of faith, becauſe they deceitfully betray the liberty of the people whereof they know themſelves appointed to be protectors by the ordinance of God.
Not the Divines of Holland, for we know what their practiſe is towards the King of Spaine.
Not the Divines of Scotland: for Buca…an ſaith: for I can number twelve, …r more Kings among our ſelves, who for their ſinne and wickedneſſe were either caſt into priſon during their life, or elſe eſchewed the puniſhment by baniſhment. But this is that which we contend for, that the people from whom the Kings have all that they have are greater then the Kings, and the whole multitude have the ſame power over them, as they have over particular men out of the multitude, witneſſe alſo their late taking up armes when they came into England, which by the King and Parliament is not judged rebellion.
Not our Engliſh Divines, whoſe judgement Dr. Willet was acquainted with as well as our preſent Dr. who ſaith thus: Touching the point of reſiſtance certaine differences are to be obſerved: for when there is an extraordinary calling (as in the time of the Judges) or when the Kingdome is uſurped without any right, as by Athalia, or when the land is invaded by forraigne enemies, as▪ in the time of Maccabees, or when the government is altogether elective as the Empire of Germany, in all theſe caſes then is leaſt queſtion of reſiſtance to be made by the generall Councell of the States, yet where none of theſe concur, God forbid that the Church and Common-wealth ſhould be left without remedy, the former conditions (viz. thoſe alledged by Pareus) obſerved, when havock is made of the Common-wealth, or the Church and Religion. Thus alſo Doctor Bilſon (whoſe booke was allowed by publicke authority and printed at Oxford) ſpeakes: If a Prince ſhould goe about to ſubject his Kingdome to a forraigne Realme, or change the forme of the Common-weale from Empery to Tyranny, or neglect the lawes eſtabliſhed by common conſent of Pr. and people to execute his owne pleaſure in theſe and other caſes which might be named: if the Nobles and Commons joyne together to defend their ancient and acouſtomed liberties, regiments and lawes, they may not well be accounted rebells. And the title of that page is, the Law ſometimes permits reſiſtance; and the margent is, in ſome caſes the Nobles and Commons may ſtand for their publicke regiment and laws of their Kingdome.
All which judgements of ſeverall Divines▪ I doe not bring forth as if I were of their mindes for depoſing or puniſhing of Princes by the people, which we plead not for in Hereditary Princes, but to ſhew how the DoctorsDr. Willet. Co. on Ro. 13. Q. 17. judgement is different from the judgement of the Divines of all Proteſtant Countries, notwithſtanding he would inſinuate that our Divines of England are of his judgement: and that our judgement is noBilſons true difference between Chriſt…an ſubjection▪ and unchriſtian rebellion, p. 5. 251. new upſtart opinion, you ſee what was the judgement of the Divines in the Counſell of Baſil, where one of them ſaith thus: That in every well ordered Kingdome it ought ſpecially to be deſired that the whole Realme ought to be of more authority then the King, which if it happened contrary, it is not to be called a Kingdome, but tyranny, ſo likewiſe doth he thinke of the Church, &c.
And preſently another▪ of the Divines of the ſ…me Co…ll ſaith thus: For the Pope is in the Church, as the King▪ is in his Kingdome, and for a King▪ to be of more authority then his Kingdome this were too abſurd, ergo neither ought the Pope to be above the Church; for like as oftentimes Kings which doe wickedly rule the Common-weale, and exerciſe cruelty are deprived of their Kingdomes, even ſo it is not to he doubted but that the Biſhops of Rome may be dep… ſed by the Church, that is to ſay, by the generall Councell; neither doe I herein allow them which attribute ſo large and ample authority unto Kings, that they will not have them bound under any Lawes, for ſuch as doe ſo ſay are but flatterers, who do talke otherwiſe then they think. For albeit that they doe ſay that the moderation of the law is alwaies in the Princes power…, that do I thus underſtand; that when as reaſon ſhall perſwade, hee ought to digreſſe from the rigour of the law: for he is called a King who careth and provideth for the Common-weale, taketh pleaſure in the profit and commodity of the ſubjects, and in all his doings hath reſpect to the commodity of thoſe over whom he ruleth, which if he doe not, he is not to be accounted a King…, but a Tyrant, whoſe property it is only to ſuck his owne profit. For in this point a King differeth from a Tyrant, that the one ſeeketh the cōmodity & profit of them whom he ruleth, the other only his owne: The which to make more manifeſt, the cauſe is alſo to be alledged wherefore Kings were ordained. At the beginning▪ (as Cicero▪ in his Offices ſaith) It is certaine that there was a certaine time when the people lived without Kings: but afterward when …and and poſſeſſions began to▪ be divided according to the cuſtome of every Nation, then were Kings ordained for no other cauſe but only to execute Juſtice. For when as at the beginning the common people were oppreſſed by rich and mighty men, they ran by and by to ſome▪ good and vertuous man who ſhould defend the poore from injury, and ordaine Lawes, whereby the rich and poore ſhould dwell together. But when as yet under the rule of Kings the poore were oft oppreſſed, lawes were ordained and inſtituted, the which ſhould judge neither for hatred nor favour, and give like care unto the poore, as unto the rich, whereby we doe underſtand not only the people but the King to be ſubject unto the Lawes. Then the Doctor tells us, that he is againſt the Arbitrary way of government. For (ſaith he) we may and ought to deny obedience to ſuch commands of the Prince as are unlawfull by the Law of God, yea by the eſtabliſhed Lawes of the Kingdome.
Anſ. This reaſon doth no way deſtroy Arbitrary government but rather erect it. For government is not ſaid to be Arbitrary, becauſe the ſubjects may deny in word, and ſo left to ſuffer: For then the Tur…iſh government is not arbitrary. For when the great Turke commands his ſubjects to doe any thing, if they will deny and ſuffer for their deniall they may, and doe ſometimes deny their obedience. If there be lawes whereby a King is to rule which he ſhall command his ſubjects to breake, and his ſubjects are neither bound to obey him nor ſuffer by him, then his government is not arbitrary; but if there be lawes made, and he may inforce his ſubjects either to keepe them or breake them, and puniſh them at his pleaſure that ſhall refuſe, and the whole kingdome bound in conſcience to ſuffer whatſoever he ſhall inflict for not breaking thoſe Lawes, then is his government arbitrary: for arbitrary government is that whereby a Prince doth rule ex arbitrio; which he doth, when either there is no law to rule by but his owne will, or when hee hath a power to breake thoſe lawes at his will, and to puniſh the ſubject at his pleaſure for not breaking them; and in truth this latter is rather an arbitrary government then the former, as it ſhewes more liberty in the will, that it hath a power to act when reaſon perſwades to the contrary, then if there were no reaſon diſſwading, and elſe there ſhould be no arbitrary government in the world. For no State but hath ſome lawes whereby they rule and are ruled even the very Indians; onelyonly here lyes the arbitrarineſſe of a government, that notwithſtanding the law, the Ruler may pro arbitrio force his ſubjects according to his owne pleaſure. Then the Doctor ſaith,
We muſt conſider that they which plead for reſiſtance in ſuch a caſe as is ſuppoſed, doe grant that it muſt be concluded upon, Omnibus ordinibus regni conſentientibus, that is, with the generall and unanimous conſent of the two houſes.
Anſ. 1. Firſt theſe words are ill tranſlated; for omnes ordines regni may conſentire, and yet there may not be an unanimous and generall conſent of the Members of the two houſes as of one man.
2. If ſo that the Doctor grant this to be our Sentence, why then doth he object againſt us, that the Chriſtians in the primitive times did not take up armes for the defence of themſelves againſt the Emperors, ſeeing they had not the conſent of all the orders of the Empire, and therefore their caſe is nothing to ours, as hee pretends afterward. But if they had the whole Senate of Rome with them, the repreſentative body of the Empire, then their caſe had beene more like unto ours; and then no queſtion but they would have taken up armes for the defence of themſelves.
Then the Doctor ſaith, We ſuppoſe that the Prince muſt be ſo and ſo diſpoſed, bent to overthrow Religion, Liberties, Lawes, &c.
Anſ. Here he takes that for granted which was never given, but wee ſay not that we ſuppoſe, but ſeeing and finding experimentally that a Prince is miſled by thoſe about him that would overthrow religion, liberties, lawes; that then it is lawfull to take up armes to deliver the King from them, and to bring them to condigne puniſhment. Then hee proceeds to propound three Generalls, which he endeavoureth to prove in his following Diſcourſe, which I ſhall ſpeake to in order.