that right priviledge which the people had conferred upon them being taught by many experiences that it was better that their Liberty should be concredited to Laws than to Kings better to have the Law which is a dumb King than a King who is not a speaking Law. If then Laws be necessary for the making of Kings and more necessary than Kings And the same cause requirs both then a King without Laws is not to be ouned Rex must be Lex loquens a King must be a speaking living Law reducing the Law to practice So much then as a King hath of Law so much he hath of a King and he who hath nothing of the Law hath nothing of a King. Magna Charta of England saith the King can do nothing but by Law and no obedience is due to him but by Law. Buchanan rehearses the words of the most famous Emperours Theodosius Valentinianus to this effect Digna vox Majestate regnantis legibus se alligatum Principem fateri revero Imperio majus ost submittere legibus Principatum It is say they a word worthy of the Majestie of a King to confess he is a tyed Prince to the Laws and indeed it is more to submit a Principality to the Laws than to enjoy an Empire But now that an absolute power must be a Lawless power is also evident for that 's a Lawless power that makes all Laws void needless useless but such is absolute power for it cannot be confined to the observance of Laws 9. That power which is destructive to the peoples Liberties cannot be ouned Absolute power is such for such a Licencious freedom as is absolute cannot consist with the peoples Liberties for these he may infringe when he pleases Now these in their oun Nature and in all respects being preferable to the Kings prerogative And it being no prerogative which is not consistent with yea in its oun nature adapted to the precious Interests of Religion Liberty when the Kings Absolute Authority is stated in contradictory terms to these we cannot oune that Authority for now he hath another Authority than could be given him for the preservation of these Interests in the preservation whereof he can only have an Authority to be ouned seeing he claimes a power to destroy them if he please 10. If we should oune Absolute Authority then we should oune a Royal prerogative in the King to make dispense with Laws Now that cannot be ouned for it would infer that the King had a Masterly Dominion over his subjects to make Lawes inflict Penalties without their consent And plain it is they that make Kings must have a Coordinate power to make Laws also but the people in their Representatives make Kings as is proven Next a prerogative to dispense with Laws except such Laws as are in their oun nature dispensable without prejudice to any Law of God or Liberties of men cannot be ouned for any power to dispense with Reason Law not grounded on any other reason but meer will absolute pleasure is a brutish power It cannot be jus Coronae a right annexed to the Crown to do so for a King as a King illud tantum potest quod jure potest can do nothing but what he may do by Law. Nay this is not only a Brutish power but a Blasphemous power making him a Kind of God on earth illimited that can do what he pleases And to dispute it further were to dispute whether God hath made all under him slaves by their oun consent Or whether he may encroach on the prerogative of God or not By this prerogative he arrogates a power to dispense with the Laws of God also in pardoning Murtherers c. which no man hath power to do the Law of God being so peremptorly indispensable Gen. 9. 6. whoso sheddeth mans blood by man shall his blood be shed Numb 35. 30. 31. Who so killeth any person the murderer shall he put to death more over ye shall take no satisfaction for the life of a murderer but he shall be surely put to death These pardons are acts of blood to the Community If the Judgment be Gods as it is Deut. 1. 17. and not for man but for the Lord 2 Chron. 19. 6. then no King can arrogate a power to dispense with it no more then an inferior Judge can dispense with the Kings Laws for the King is but a Minister bearing the Sword not in vain but as a revenger to execute wrath upon them that do evil Rom. 13. 4. They are but bastard Kings who give out sentances out of their oun mouth contrary to Gods mind And if he may do acts of grace by Prerogative above Law then may he also do acts of Justice so pretended by the same Prerogative and so may murder Innocents as well as pardon Murderers he may condemn the just as well as justify the wicked both which are alike abomination to the Lord Pro. 17. 15. This power cannot be ouned in any man. 11. To oune Absolute power were to recognosce the King as the proper sole Interpreter of the Law. This Buchanan shews to be very absurd Cum regi Legum interpretationem c. when yow grant the interpretation of Laws to a King yow give him such a Licence that the Law should not speak what the Lawgiver meaneth but what is for the Interpreters Interest so that he may turn it to all actions as a Lesbian rule for his oun advantage And so what he pleases the Laws shall speak and what he will not it shall not speak Now the Kings absolute pleasure can no more be the sense of the Law than it can be the Law it self He is King by Law but he is not King of Law No mortal can make a sense to a Law contrare to the Law for it involves a Contradiction the true meaning is only the Law. This also would take away the use of all Laws for they could not declare what were just unjust but as the King pleased their genuine sense could not be the rule 12. If we oune the Law to be above the King then we cannot oune the King to be absolute But the former is true For he must be under it several wayes 1 under its Directive power that will not be denyed 2 under its Constitutive power he is not a King by Nature but by Constitution Law therefore the Law is above the King because it s only from the Law that there is a King and that such a man and not another is King and that the King must be so so qualified and they that made him a King may also unmake him by the same Law. 3 under its Limiting Restrictive power as a man he cannot be absolute nor as a King by Law. 4 under its Coactive power A Law maker said King Iames the 6. should not be a Law breaker but if he turn an overturner of the fundamental Laws that Law or
Antichrists Interest And therefore having gotten the Supremacy devolved upon him by Law for which also he had the Popes dispensation to take it to himself for the time under promise to restore surrender it to him as soon as he could attain his end by it as the other Brother succeeding hath now done he would now exert that usurped power and work by infnaring policy to effectuate the end which he could not do by other means Therefore seeing he was not able to suppress the Meetings of the Lords people for Gospel Ordinances in house fields but that the more he laboured by violent courses the greater more frequent they grew he fell upon a more Craftie device not only to overthrow the Gospel and suppress the Meetings but to break the faithful and to divide between the Mad-cap the Moderate Fanaticks as they phrased it that he might the more easily destroy both to confirm the usurpation and to settle people in a sinful silence stupid submission to all the Incroachments made on Christs Prerogatives and more effectually to overturn what remained of the Work of God. And knowing that nothing could more fortifie the Supremacy than Ministers their homologating acknowledging it Therefore he offerd the first Indulgence Anno 1669. Signifying in a Letter dated that year Iune 7. His gracious pleasure was to appoint so many of the outed Ministers as have lived peaceably orderly to return to preach exercise other functions of the Ministrie in the Paroch Churches where they formerly served provided they be vacant and to allow Patrons to present to other vacant Churches such others of them as the Council should approve That all who are so Indulged be enjoyned to keep Presbytries and the Refusers to be confined within the bounds of their paroches And that they be enjoined not to admitt any of their neighbour Paroches unto their Communions nor Baptize their Children nor marry any of them without the allowance of the Minister of the Paroch and if they Countenance the people deserting their oun Paroches they are to be silenced for shorter or longer time or altogether turned out as the Council shall see cause And upon Complaint made verified of any Seditious discourse or expressions in the Pulpit uttered by any of the Ministers they are immediatly to be turned out and further punished according to Law And seeing by these orders all Pretences for Conventickles were taken away if any should be found hereafter to Preach without Authority or keep Conventickles his Pleasure is to proceed with all severity against them as Seditious persons Contemners of Authority To salve this in point of Law because it was against former Lawes of their oun and to make the Kings Letter the supreme Law afterwards and a valid ground in Law where upon the Council might proceed enact and execute what the King pleased in Matters Ecclesiastick he therefore caused frame a formal Statutory Act of Supremacy of this Tenor. That his Maj. hath the supreme Authority Supremacy over all Persons and in all Causes Ecclesiastick within his dominions and that by virtue thereof the ordering disposal of the external Government of the Church doth properly belong to him his successors as an Inherent right to the Croun And that he may settle enact emitt such Constitutions Acts Orders concerning the Administrating therof and Persons employed in the same and concerning all Ecclesiastical Meetings Matters to be proposed determined therein as he in his Royal wisdom shall think fit which Acts Orders Constitutions are to be observed obeyed by all his Maj. Subjects any Law act or custom to the contrary notwithstanding Where upon accordingly the Council in their Act Iuliâ— 27. 1669. do nominate several Ministers and appoint them to Preach and exercise the other functions of the Ministrie at their respective Churches there specified with Consent of the Patrons The same day also they conclude enact the forementioned Restrictions conform to the Kings Letter above rehearsed And ordain them to be intimat to every person who is by Authority foresaid allowed the exercise of the Ministrie These Indulged Ministers having that Indulgence given only upon these termes that they should accept these Injunctions and having received it upon these termes also as an essential part of the bargain Condition on which the Indulgence was granted accepted as many following Proclamations did expressly declare do Appoint Mr Hutcheson one of the number to declare so much In Acknowledging his Maj. favour Clemency in granting that Liberty after so long a restraint And however they had received their Ministrie from Jesus Christ with full Prescriptions from Him for regulating them therein yet nothing could be more refreshing on earth to them than to have free Liberty for the exercise of their Ministrie under the Protection of Lawful Authority And so they purposed to be have themselves in the discharge of the Ministrie with that wisdom that became faithful Ministers and to demean themselves towards Lawful Authority notwithstanding of their known judgment in Church affairs as wel becometh Loyal subjects And their prayer to God should be that the Lord should bless his Maj. in his person Government and the Council in the publick administration and especially in the Pursuance of his Maj. mind in his Letter wherein his singular moderation eminently appears Afterwards they issued out Proclamations reinforcing the punctual observation of the forementioned Injunctions and delivered them into the Indulged In the mean time though Cruel Acts Edicts were made against the Meetings of the Lords people in houses the fields after all these Midianitish wyles to suppress them such was the presence of the Lord in these Meetings and so powerful was His Countenance Concurrence with the Labours of a few who laid out themselves to hold up the Standart of Christ that the number of Converts multiplyed dayly to the praise of free Grace and to the great encouragment of the few hands that wrestled in that Work through all humane discouragment Therefore King Council was put to a new shift which they supposed would prove more effectual To wit because there was a great number of Non-conformed Ministers not yet Indulged who either did or might hereafter hold Conventickles therefore to remeed or prevent this in time coming they appoint ordain them to such places where Indulged Ministers were settled there to be confined with allowance to Preach as the Indulged should employ them thinking by this means to incapacitate many to hold Meetings there or elswere And to these also they give injunctions restrictions to regulate them in the exercise of their Ministrie And to the end that all the outed Ministers might be brought under restraint and the Word of God be kept under bonds by another Act of Council they Command that all other Ministers not Disposed of as is said were either to repair to the Paroch Churches where
the Innocency of Sufferers may more clearly appear 1. They can accuse whom they will of what they please And if by summar Citation he will not may be because he cannot compear if once his Name be in their Porteous rolls that is sufficient to render him convict 2. They used also to seize some and shut them up in Prison year day without any signification of the cause of their imprisonment 3. They can pick any man off the Street and if he do not answer their Captious Questions proceed against him to the utmost of severity as they have taken some among the Croud at Executions imposed upon them the Questions 4. They can also go through all the houses of the City as well as the Prisons and examine all families upon the Questions of the Councils Catechisme upon the hazard of their life if they do not answer to their satisfaction as hath been done in Edinburgh 5. When any are brought in by Seisure sometimes as is said before they let them lie long without any hearing if they expect they cannot reach them But if they think they can win at them any way then they hurry them in such hast that they have no time to deliberate upon and oftentimes have no knowledgâ— or conjecture of the matter of their Prosecution Yea if they be never so insignificant they will take Diversion from their weightiest affairs to examine take Cognizance of poor Things if they understand they dare vent or avow any respect to the Cause of Christ And the silliest body will not escape their Catechization about affairs of State what they think of the Authority c. 6. If they be kept in Prison any space they take all wayes to pump and discover what can be brought in against them Yea sometimes they have exactly observed that Device of the Spanish Inquisition in suborning sending Flies among them under the disguise shew of Prisoners to search find out their minds who will outstrip all in an Hypocritical zeal thereby to extort draw forth words from the most wary which may be brought in judgement against them the next day 7. When Prisoners are brought in before them they have neither Lybel nor Accuser but must answer super inquirendis to all Questions they are pleased to ask 8. If at any time they forme a sort of Lybel they will not restrict themselves to the Charges thereof but examine the person about other things altogether extraneous to the Lybel 9. They have frequently suborned Witnesses and have sustained them as Witnesses who either were sent out by themselves as Spies Inteâ—ligencers or who palpably were known to delate those against whom they witnessed out of a pick prejudice and yet would not suâ—â—er them to be cast for partial Counsel 10. If they suppose a man to be wary circumspect and more prudent than forward in the Testimony then they multiply questions and at first many impertinent Interrogations having no Connexion with the Cause to try his humour freedom that they may know how to deal with him And renew reiterate several Criminal examinations that they may know whereof and find matter wherein to indyte him by endeavouring to confound or intrap or involve him in Confessions or Contradictions by wresting his words 11. They will admit no time for advice nor any Lawful defence for a delay but will have them to answer presently except they have some hopes of their Complyance and find them begining to stagger succumb in the Testimony in that case when a man seeks time to advise they are animated to a keenness to impose and encouraged to an expectation of Catching by their snares which then they contrive prepare with greater cunning 12. If a man should answer all their questions and clear himself of all things they can alledge against him yet they used to impose some of the Oaths that they concluded he would not take and according to the measure of the tenderness they discovered in any man so they apportioned the Oaths to trap them to the Stricter the smoother Oaths to the Laxer the more odious that all natural Consciences did scar at 13. They will not only have their Lawes obeyed but subscribed And they reckon not their Subjects obedience secured by the Law-makers sanction but the Peoples hand-writing And think it not sufficient that People transgress no Lawes but they must also oune the justice of them and the Authority that enacts them and swear to maintain it And yet when some have done all this and cleared themselves by all Complyances they will not discharge them but under a bond to answer again when called 14. They will have their Lawes to reach not only actions but thoughts and therefore they require what People think of the Bishops death and of Bothwel Insurection And whether they oune the Authority when they can neither prove their disouning of it nor any way offending it 15. They will have men to declare their thoughts and hold them convict if they do not answer Positively all their Captious questions And if they will not tell what they think of this or that then they must go as guilty 16. If they insist in waving and will not give Categorical Answers then they can extort all and prove what they please by torture And when they have extorted their thoughts of things thô they be innocent as to all actions their Law can charge them with then they used to hang them when they had done 17. They have wheedled men sometimes into Confession either of Practices or Principles by promising to favour their ingenuity and upbraiding them for dissemblers if they would not and by mock-expostulations why were they ashamed to give a Testimony And then make them sign their Confessions at the Council to bring them in as a witness against them at the Criminal Court. 18. Yea not only extrajudicial Confession will sustain in their Law but when they have given the Publick faith the Kings security the Act Oath of Council that their Confesion shall not militate against them they have brought it in as witness against them and given it upon Oath when their former Oath Act was produced in open Court in demonstration of their perjurie 19. When the matter comes to an Assize or Cognizance of a Iurie they use to pack them for their purpose and pick out such as are listed who they think will not be bloody enough 20. Sometimes when the Jurie hath brought their verdict in favours of the Pannal they have made them sit doun resume the Cognition of the Case again and threatened them with an Assize of errour if they did not â—ring him in guilty 21. Yea most frequently the Kings Advocate used to Command them to Condemn and bring in the Pannal Guilty under most peremptory Certification of punishment if they should not so that they needed â—o Juries but only for the fashion 22. Sometimes they have sentenced innocent
visible Kingdom of which the Government is layd upon His shoulders against the heaven-daring Usurpations encroachments made thereupon both as He is Mediator King Head of the Church and as He is God Universal King of the world As He is Mediator it is His Peculiar Prerogative to have a Supremacy Sole Soveraignty over His oun Kingdom to institute His oun Government to constitute His oun Lawes to ordain His oun Officers to appoint His oun Ordinances which He will have observed without alteration addition or diminution untill His Second Coming This His Prerogative hath been is invaded by Erastian Prelacy Sacrilegious Supremacy and now by Antichristian Poperie which have overturned His Government inverted His Lawes subverted His Officiers Perverted His Ordinances As He is God Universal King it is His in communicable Property Glory not only to have Absolute Illimited Power but to invest his Deputed Ministers of Justice with His Authority Ordinance of Magistracy to be administred in subordination to Him to be regulated by His Lawes and to be improved for His Glory the good of Mankind This Glory of His hath been invaded by Tyrants Usurpers arrogating to themselves an Absolute Power intruding themselves without His investment into Authority in a Rebellion against Him in opposition to His Lawes and abusing it to His dishonour and the destruction of Mankind Against both which Encroachments the Present Testimony is stated in a Witness for Religion Liberty to both which these are destructive This will appear to be the Result Tendency of the Testimony in all its parts opposed by the Enemies of Religion Liberty and the end of all their oppositions to bring it to this Crinomenon who shall he King Iesus or Cesar Let any seriously search into all their Proclamations Edicts against Religion Liberty this will be found to be the soul sense of them practically Really speaking to this purpose especially since this man came to the Throne J. R. JAmes the 7 2 by the V. of G. King of Scotland England France Ireland Defender of the Antichristian faith To'all sundry our good subjects whom these presents do or many concern Greeting We having taken into our Royal Consideratiâ—n the many great inconveniences which have happened in that our Ancient Kingdom of Scotland especially of late years through the persuasions of the Christian Religion the great heats animosities betuixt the Professors therof and our good faithful subjects whose faith Religion is subject subservient to our Royal will the Supreme Law Reason publick Conscience to the disappointment of our Projects restraint of our pleasures and Contempt of the Royal power Convertingâ— true Loyaltie absolute subjection into words names which we care not for of Religion Liberty Conscience the Word of God thereby withdrawing some to the Christian faction from an absolute implicite subjection to us our will as if there were a Superiour Law to which they might appeal And considering that these Rebellious Christians do never cease to assert maintain strange Paradoxes such Principles as are inconsistent with the glory interest of our Government as that the Authority of Kings should be hem'd in with Limits and that their Acts Actions are to be examined by another rule than their oun Authority to make them Lawful that somethings in the Kingdom are not subject to the Kings Authority That there is a Kingdom within a Kingdom not subordinate to the King And that there is another King Superior to the Supreme whom they will rather obey than us And that we must either take Laws from Him or otherwise we are not Magistrats And Considering also their Practices are Conforme to their Principles They will not obey our Lawes but the Lawes of Another inconsistent with ours and will calculate their Religion according to His Lawes and not according to ours And continually make their Addresses to and receive Ambassadours from a Prince whom we know not whom our Predicessors of truely worthy memory did crucify One Iesus who was dead whom they affirm to be alive whose Government they alledge is Supreme over all Kings Whom they acknowledge but as His Vassals Being now by favourable fortune not only brought to the Imperial Croun of these Kingdoms through the greatest difficulties but preserved upon the throne of our Royal Ancestors which from our Great founder Nimrod of Glorious Memory and our Illustrious Predecessors Pharaoh Nebuchadnezzar Herod the Great Nero Caligula c. of blessed pious Memory hath been ever opposite to and projecting the Destruction of that Kingdom of Christ Do after their Laudable example resolve to suppress that Kingdom by all the means might we can use because His Government is hateful to us His yoke heavy His sayings are hard His Lawes are contrary to our lusts Therefore we will not let this man reign over us we will break His bonds and cast away His Cords from us And advance exerce our Soveraign Authority Prerogative Royal Absolute Power which all our subjects are to obey without reserve And as by virtue of our Supremacy whereby we are above all but such as we are pleased to subject our selves to settled by Law and Lineally Derived to us as an Inherent right to the Croun we have Power to order all matters of Church as well as State as we in our Royal wisdom shall think fit All Laws Acts of Christ to the contrary notwithstanding And accordingly in our Royal wisdom have overturned the plat-form of that Government which Christ hath instituted razed all Courts fenced in His Name and severely interdicted all Meetings of His subjects and intertainment of His Ambassadours many of whom in contempt of Him that sent them we have punished according to Law for negotiating His Affairs in our Kingdoms without our pleasure requiring Allegiance obedience to Him after we had exauctorated Him we have also established our Right Trusty Entirely beloved Clerks in Ecclesiastick affairs and their underlings by our Authority to have the Administration of the business of Religion and impowered our Right Trusty well beloved Cousins Counsellers to Compell all to submitt to them by Finings Confinings Imprisonment Banishment Oaths Bonds and all Legal means So now having prosecuted this war against Christ to this length that we have no fears of a Rally of His forces again so often beaten we are now engaged with other Antichristian Princes to give our Power to our holy Father Antichrist so far as may serve his purpose to oppse Christ in his way but we reserve so much to our seeves as may encroach upon Him in our Capacity And therefore we have thought fit to restore to Antichrist our Ecclesiastical Supremacy from whom we borrowed it and for which we have no use at present But we resolve to maintain prosecute our Soveraign Authority Prerogative Royal and
he is not nor can not be our Crouned King and therefore we must not be his Liege subjects ouning fealty obedience to him For according to the National Covenant as all Lieges are to maintain the Kings Authority consistent with the subjects Liberties which if they be innovated or prejudged such Confusion would ensue as this realme could be no more a free Monarchy So for the Preservation of true Religion Lawes Liberties of this Kingdom it is statute by the 8 Act. Parl. 1 repeated in the 99 Act. Parl. 7. ratified in the 23. Act. Parl. 11. and 114 Act. Parl. 12. of King Iames 6. and 4 Act of K. Charles 1. that all Kings Princes â— at their coronation reception of their Princely Authority shall make their faithful Promise by their solemn Oath in the presence of the Eternal God That enduring the whole time of their lives they shall serve the same Eternal God to the utter-most of their power according as He hath required in His most holy Word contained in the Old new Testaments and according to the same Word shall maintain the true Religion of Christ Jesus the preaching of His holy Word the due right Ministration of the Sacraments now received Preached within this realme according to the Confession of faith immediatly preceding and shall abolish gainstand all false religion contrary to the same And shall rule the people committed to their charge according to the will Command of God revealed in His fore-said Word and according to the Laudable Lawes Constitutions received in this realme no wayes repugnant to the said Will of the Eternal God And shal procure to the uttermost of their power to the Kirk of God whole Christian people true perfect peace in all time coming And that they shall be careful to root out of their Empire all Hereticks Enemies to the true Worship of God who shall be convicted by the true Kirk of God of the foresaid Crimes Now this Coronation Oath he hath not taken he will not he cannot take and therefore cannot be our Crouned King according to Law. As there be also many other Lawes incapacitating his admission to the Croun being a Professed Papist and no Law for it at all but one of his oun making by a Pacqued Cabal of his oun Complices a Parliament wherein himself presided as Commissioner enacting matterially his succession and rescinding all these Ancient Lawes which Act of Succession which is all the legal right he can pretend to in Scotland because it cannot be justified therefore his right cannot be ouned which is founded upon the subversion of our Ancient Lawes But as he cannot be our Legally Crouned King so he is not so much as formally Crouned And therfore before his Inauguration whatever right to be King whom the Representatives may admit to the Government he may pretend to by hereditary Succession yet he cannot formally bemade King till the people make a Compact with him upon termes for the safety of their dearest nearst Liberties even though he were not disabled by Law. He might as they say pretend to some jus ad rem but he could have no jus in re The Kings of Scotland while uncrouned can exerce no Royal Government for the Coronation in Concret according to the substance of the Act is no Ceremonie as they who make Conscience it self but a Ceremony call it nor an accidental ingredient in the Constitution of a King but as it is distinctive so it is Constitutive it distinguished Saul from all Israel and made him from no King to be a King it is dative not only Declarative it puts some honour upon him that he had not before 3. Though the Lawes should not strike against his Coronation And though the Representatives Legally should take the same measures with him that they took with his brother and admit him upon the termes of the Covenant yet after such doleful experiences of such transactions with these Sons of Belial who must not be taken with hands nor by the hand it were hard to trust or entrust them with the Government even though they should make the fairest Professions Since they whose Principle is to keep no faith to Hereticks as they call us and who will be as absolute in their promises as they are in their power have deservedly forefeited all Credit Trust with honest men so that none could rationally refer the determination of a half Croun reckoning to any of them far less oune them their Government in the Managment of the weightiest affairs of State since their Male-versations are written in such bloody Characters as he that runs may read them At least it were wisdom is our duty to take our Measures from the General Assemblies Procedure with the other Brother before his admission to the Government to suspend our Allegiance to him until Authority be Legally devolved upon him and founded upon bounded by termes giving all security for Religion Liberty 12. As I said before wary Prudence in waving such an impertinent Ticklish Question cannot be condemned since what ever he may be in conscience no man in Law can be obliged so far to surrender the common Priviledge of all Mankind to give an account of all his inward thoughts which are alwise said to be free And as in nothing they are more various so in nothing they can be more violented than to have our opinion sentiments of the current Government extorted from us a declining of which Declaration of thoughts where no overt Act in project or practice can be proven against it cannot be Treason in any Law in the world So a Cautelous Answer in such a ticklish entrapping imposition cannot be censured in point of Lawfullnesse of expediency even though much be concedded to stop the Mouths of these bloody Butchers gaping greedily after the blood of the Answerer if he do not really oune but give them to understand he cannot approve of this Tyranny But as these poor faithful Witnesses who were helped to be most free have alwise been honoured with the most signal Countenance of the Lord in a happy issue of their Testimony So those that used their Prudentials most in seeking shifts to shâ—n severity and studying to satisfie these Inquisitors with their stretched Concessions were ordinarly more exposed to snares and found less satisfaction in their Sufferings even though they could say much to justify or at least extenuate their Shiftings I knew one who had proof of this who afterwards was ashamed of this kind of Prudence A short account of whose managing of Answers to this Question because it may conduce somewhat to the explication of it may here be hinted The question moved after the usual forme was Do ye onne the Authority of King Iames the 7 In answer to which he pleaded first for the immunity of his thoughts which he said were not subject to theirs or any Tribunal When this could
God of His Word warranting Authorizing So we are commanded to try the spirits whether they be of God 1 Iohn 4. 1. So in this sense sin tentation lust Corruptions of the world are not of God Iam. 1. 13. 1 Iohn 2. 16. Again things are ordained of God either by the order of His Counsel or Providential will either effectively by way of Production or Direction or Permissively by way of non-impedition Or they are ordained by the order of His Word Preceptive will The former is Gods Rule the latter is ours The former is alwise accomplished the latter is often contradicted The former orders all actions even sinful the latter only that which is good acceptable in the sight of God By the former Israel rejected Samuel by the latter they should have continued Samuels Government and not sought a King By the former Athaliah usurped the Government by the latter she should have yeelded obedience resigned the Government to the posterity of Ahaziah By the former all have a physical subordination to God as Creatures subject to His All-disposing will by the latter Those whom He approves have a moral subordination to God as obedient subjects to His Commanding will. Now Magistrats are of God and ordained by Him both these wayes Tyrants but one of them I say Magistrats the higher Powers to whom we owe must oune subjection are of God both these wayes both by His purpose Providence and that not meerly eventual but effective executive of His Word disposing both of the Title Right Possession of the power to them whom He approves and bringing the People under a consciencious subjection And by His Word warrant So Adonijah the Usurper though he had the pretence of Hereditary right and also possession by Providence was forced to oune King Solomon in these termes upon which only a Magistrate may be ouned The Kingdome sayes he was mine and all Israel set their faces on me that I should reign howbeit the Kingdom is turned about and become my brothers for it was his from the Lord 1 King. 2. 15. He had both Providence turning about the Kingdom to him and also the Warrant of the Lords Approbative preceptive will. But Tyrants Usurpers are only of God and ordained of God by His overruling purpose permissive Providence either for performing His holy purpose towards themselves as Rehoboams professing he would be a Tyrant and refusing the Lawful desires of the people was of God 2 Chron. 10. 15. Or for a judgment vengeance upon them that are subject to them Zech. 11 6 whereby they get a power in their hand which is the Rod of the Lords Indignation and a Charge Commission against a Hypocritical Nation Isa. 10. 5. 6. This is all the power they have from God who gives Iacob to the spoil Israel to the Robbers when they sin against Him Isa. 42. 24. This doth not give these Robbers any right no more than they whose Tabernacle prosper into whose hand God bringeth abundantly Iob. 12. 6. Thus all Robbers and the great Legal Robbers Tyrants and their Authorized Murderers may be of God to wit by His Providence Hence those that are not ordained of Gods preceptive will but meerly by His Providential will their Authority is not to be ouned But Tyrants Usurpers are not ordained of Gods Preceptive but meerly by His Providential will. The Minor needs no proof yet will be cleared by many folowing Arguments The Major will be afterwards more demonstrated Here I shall only say They that have no other ordination of God impowering them to be Rulers than the devil hath must not be ouned But they that have no other than the ordination of Providence have no other ordination of God impowering them to be Rulers than the devil hath Ergo they that have no other than the ordination of Providence must not be ouned 2. But let us next consider what is comprehended in the Ordination of that Authority which is to be ouned as of God And it may be demonstrated there are two things in it without which no Authority can be ouned as of God viz. Institution Constitution So as to give him whom we must oune as Gods Minister Authority both in the Abstract Concrete that is that he should have Magistracy by Gods Ordination and be a Magistrate by according to the will of God. All acknowledge that Magistracy hath Gods Institution for the Powers that be are ordained of God which contains not only the Appointment of it but the qualification forme of it That Government is appointed by Divine Precept all agree but whether the Precept be Moral Natural or Moral Positive Whether it was appointed in the State of Innocency or since disorder came in the world Whether it be Primario or Secundario from the Law of nature is not agreed upon It may possibly be all these wayes Government in the General may be from the Law and light of Nature appointed in Innocency because all its relative duties are enjoined in the fifth Command and all Nations Naturally have an esteem of it Without which ther could be no order distinction or Communion in humane Societies But the Specification or Individuation may be by a Postnate Positive Secundary Law yet Natural too for though ther be no reason in Nature why any man should be King Lord over another being in some sense all Naturally free but as they yeeld themselves under Jurisdiction The exalting of David over Israel is not ascribed to Nature but to an act of divine bounty which took him from following the Ewes and made him feeder of the People of Israel Psal. 78. 70 71 yet Nature teacheth that Israel and other People should have a Government and that this should be subjected to Next not only is it appointed to be but qualified by Institution and the Office is defined the End prescribed and the measures Boundaries thereof are limited as we shall hear Again the formes of it though Politically they are not stinted that People should have such a forme not another yet Morally at least Negatively whatever be the forme it is limited to the Rules of equity justice and must be none other than what hath the Lords Mould Sanction But there is no Institution any of these wayes for Tyranny Hence that Power that hath no Institution from God cannot be ouned as His ordinance But the Power of Tyrants is that Power being contrary in every respect to Gods Institution and a meer deviation from it eversion of it Ergo To the Minor it may be replyed Though the Power which Tyrants may exerce Usurpers assume may be in Concretâ— contrary to Gods Institution and so not to be ouned yet in abstracto it may be acknowledged of God. It s but the abuse of the Power and that does not take away the use We may oune the Power though we do not oune the abuse of it
then they are no more to oune him as their Soveraign But the former is proved that a Covenanted Prince breaking all the conditions of his compact doth forfeit his right to the Subjects Allegiance Ergo And Consequently when Charles the Second expressly bound by Covenant to defend promote the Convenanted Reformation Liberties of the Kingdom to whom only we were bound in the terms of his defending promoting the same did violently villainously violate vilify these conditions we were no more bound to them Somewhat possibly may be Objected here 1. If this be the sense of the Covenant then it would seem that we were not bound to oune the King but only when while he were actually promoving carrying on the ends of the Covenant Ans. It does not follow but that we are obliged to preserve his Person Authority in these necessary intervalls when he is called to see to himself as a man for we must preserve him as a mean because of his aptitude designation for such an End albeit not alwayes formally prosecuting it we do not say that we are never to oune him but when actually exercised in prosecuting these ends but we say we are never to oune him when he is Tyrannically Treacherously abusing his Authority for destroying overturning these ends and violating all the conditions of his compact It may be Obj. 2. Saul was a Tyrant and a breaker of his Royal Covenant and persecuter of the Godly and Murderer of the Priests of the Lord usurper upon the Priests Office and many other wayes guilty of breaking all conditions And yet David and all Israel ouned him as the Anointed of the Lord. Ans. 1. Saul was indeed a Tyrant rejected of God and to be ejected out of his Kingdom in His oun time way which David a Prophet knowing would not anticipate But he was far short and a meer Bungler in acts of Tyranny in comparison of our Grassators he broke his Royal Covenant in very gross particular acts but did not cass rescind the whole of it did not burn it did not make it Criminal to oune its obligation nor did he so much as profess a breach of it nor arrogate an Absolute prerogative nor attempt arbitrary Government nor to evert the fundamental Laws and overturn the Religion of Israel bring in Idolatry as Ours have done He was a Persecuter of David upon some private quarrels not of all the Godly upon the account of their Covenanted Religion He Murdered 85 Priests of the Lord in a transport of fury because of their kindness to David but he did not make Laws adjudging all the Ministers of the Lord to death who should be found most faithful in their duty to God His Church as Ours have done against all Field Preachers He Usurped upon the Priests Office in one elicit act of Sacrificing but he did not usurp a Supremacy over them and annex it as an inherent right of his Crown 2. He was indeed such a Tyrant as deserved to have been dethroned brought to condign punishment upon the same accounts that Amaziah Uzziah were deposed for afterwards And in this the people failed in their duty and for it they were plagued remarkably shall their Omission be an Argument to us 3. As the question was never put to the people whether they ouned his Authority as Lawful or not So we do not read either of their Universal ouning him or their positive disouning him However That 's no good Argument which is drawen a non facto ad faciendum because they did it not therefore it must not be done 4. They ouned him but how as the Minister of God not to be resisted or revolted from under pain of damnation as all Lawful Magistrats ought to be ouned Rom. 13. 2 4. This I deny for David his six hundred men resisted him resolutely And though the body of the Nation did long Lazily lye couch as Asses under his burden yet at length weary of his Tyranny many revolted from under him and adjoined themselves to David at Ziklag while he kept himself close because of Saul the Son of Kish 1 Chron. 12. 1. who are commended by the Spirit of God for their valour vers 2. c. and many out of Manasseh fell to him when he came with the Philistims against Saul to battel vers 19. This was a practical disouning of the Tyrant before the Lord deposed him 5. David did indeed pay him his Character some deference as having been the Anointed of the Lord yet perhaps his honouring him with that title the Lords anointed 1 Sam. 24. 1 Sam. 26. and calling him so often his Lord the King cannot be altogether Justified no more than his using that same language to Achish King of Gath. 1 Sam. 29. 8. I shew before how titles might be allowed but this so circumstantiate does not seem so consistent with his imprecatory prayer for the Lords avenging him on him 1 Sam. 24. 12. and many other imprecations against him in his Psalms in some of which he calls the same man whom here he stiles the Lords anointed a Dog as Saul his Complices are called Psal. 95. 6 14. and the evil violent wicked man Psal 140. 1 4. and the vilest of men Psal. 12. ult However it be there can be no Argument from hence to oune the Authority of Tyrants Usurpers 6. Though this Necessary conditional compact which must alwayes be in the constitution of Lawfuâ— Rulers be not alwayes express explicite so that a written Authentick Copy of it cannot be always produced yet it is alwise to be understood implicitely at least transacted in the Rulers admission to the Government wherein the Law of God must regulate both parties and when he is made Ruler it must natively be understood that it is upon terms to be a Father feeder Protector and not a Tyrant Murderer Destroyer All Princes are so far pactional that they are obliged by the high absolute Soveraign from whom they derive their Authority to reign for the Peace profit of the people this is fixed unalterably by the Laws of the Supreme Legislator and solemnly engaged unto at the Coronation and whosoever declines or destroyes this fundamental condition he degrades deposes himself It is also not only the Universal practice but necessary for the Constitution Conservation of all Common-wealths to have fundamental Laws Provisions about Government both for the upholding transmitting transfering it as occasion calls and preventing punishing violations thereof that there be no invasion or intrusion upon the Government and if there be any entrance upon it not according to the Constitution that it be illegitimated and the Nations Liberties always secured This doeth infer regulate a conditional compact with all that are advanced to the Government albeit it should not be expressed For it is undenyable that in the erection of all Governours the
yet in the case of Tyranny and violating his Trust there is a Tribunal virtual eminently above him in them that made him reposed that Trust upon him as is said 3. The fountain power is superior to the power derived The people though they constitute a King above them yet retain the fountain power he only hath the derived power Certainly the people must retain more power eminently than they could give to the King for they gave it and he receives it with limitations if he turn mad or uncapable they may put Curators Tutors over him if he be taken captive they may appoint another to exercise the power if he die then they may constitute another with more or less power So then if they give a way all their power as a slave selleth his Liberty and retain no fountain power or radical right they could not make use of it to produce any of these acts They set a King above them only with an executive power for their good but the radical power remains in the people as in an immortal spring which they communicate by succession to this or that Mortal man in the manner measure they think expedient for otherwise if they gave all their power away what shall they reserve to make a new King if this man die What if the Royal line surcease there be no Prophets now sent to make Kings And if they have power in these cases why not in the case of Tyranny 4. If the King be accountable by Law for any act of Tyranny done against one man then much more is he accountable for many against the whole state But the former is true a private man may go to Law before the ordinary Judges for wronging his inheritance and the King is made accountable for the wrong done by him Now shall the Laws be like Spiders webs which hold flies but let bigger beasts pass through Shall Sentence be past for petty wrongs against a man and none for Tyrannizing over Religion Laws Liberties of the Kingdom Shall none be past against parricide or fratricide for killing his Brother Murdering the Nobles and burning Cities Shall pettie Thieves be hanged for stealing a Sheep and does the Laws of God or man give impunity for robbing a whole Country of the nearest dearest Interests they have to Crowned heads for the fancied Character of Royalty which thereby is forfeited 5. If there be Judges appointed of God independently to give out execute the Judgment of the Lord on all offenders without exception of the highest then the King also must be subject to that Judgment But there are Judges appointed of God independently to give out execute the Judgment of the Lord on all offenders without exception of the highest Two things must be here proved first that in giving Judgment they do not depend on the King but are the immediate vicars of God Secondly that the King is not excepted from but subject to their Judgment in case he be Criminal First they cannot depend upon the King because they are more necessary then the King and it is not left to the Kings pleasure whether there be Judges or not There may be Judges without a King but there can be no King without Judges nor no Justice but Confusion no man can bear the peoples burden alone Numb 11. 14 17 If they depended on the King their Power would die with the King the streams must dry up with the fountain but that cannot be for they are not Ministri regis but regni they are not Ministers of the King but of the Kingdom whose honour promotion though by the Kings external call yet comes from God as all honour promotion does Psal. 75. 7 The King cannot make Judges whom he will by his absolute Power he must be tied to that Law Deut. 1. 13. To take wise men understanding known Neither can he make them dura ite beneplacito for if these qualifications remain there is no allowance given for their removal They are Gods the Children of the Mosâ— High appointed to defend the poor fatherless as well as he Psal. 82. 3 6. They are ordained of God for the punishment of evil doers in which they must not be resisted as well as he Rom. 13. 1 2. by me saith the Lord rule ... all the Iudges of the earth Prov. 8. 16. To them we must be subject for Conscience sake as being the Ministers of God for good they must be obeyed for the Lords sake as well as the King though they are sent of him yet they Judge not for man but for the Lord 2 Chron. 19. 6. hence they sit in his room and are to act as if he were on the bench the King cannot say the Judgment is mine because it is the Lords neither can he limit their sentance as he might if they were nothing but his deputies because the Judgment is not his nor are their Consciences subordinate to him but to the Lord immediatly otherwise if they were his deputies depending on him then they could neither be admonished nor condemned for unjust Judgment because their sentence should neither be righteous nor unrighteous but as the King makes it And all directions to them were capable of this exception do not so or so except the King command yow crush not the poor oppress not the fatherless except the King command yow yea then they could not execute any Judgment but with the Kings Licence and so could not be rebuked for their not executing Judgment Now all this is contrary to Scripture which makes the sentence of the Judges undeclinable when just Deut. 17. 11. the Lords indignation is kindled when He looks for Iudgment behold oppression for righteousness behold a Cry Isai. 5. 7. neither will it excuse the Judges to say the king would have it so for even they that are subservient to write grievousness to turn aside the needy from Iudgment c. are under the wo as well as they that prescribe it Isai. 10. 1 2. The Lord is displeased when Iudgment is turned away back ward and Justice stands a far of and when there is no Iudgment what ever be the Cause of it Isai. 59. 14 15. The Lord threatens He will be avenged on the Nation when a man is not found to execute Iudgment Ier. 5. 1 9. And promises if they will execute Judgment righteousness and deliver the spoiled out of the hand of the oppressor He will give them righteous Magistrats Ier. 22. 3 4. but if they do not He will send desolation ibid. He rebukes those that turn Judgment to wormwood and leave of righteousness in the earth Amos. 5. 7. He resents it when the Law is slacked and Judgment doth not go forth freely without overawing or overruling restraint Habb 1. 4. Can these Scriptures consist with the Judges dependence on the kings pleasure in the exercise execution of their Power Therefore if they would avoid the
be said then it cannot be an universal Grant or otherwise all Kings must be ordained for plagnes And if so it were better we wanted such nursing fathers 2. Though Mishphat signifies right or Law yet it signifies also and perhaps no less frequently Manner Course or Custome And here it cannot signify the Law of God for all these Acts of Tyranny are contrary to the Law of God for to make Servants of subjects is contrary to the Law of God Deut. 17. 20. forbidding to lift up himself so far above his brethren but this was to deal with them as a proud Pharaoh to take so many for Chariots horsemen is also contrary to the Law Deut. 17. 15. he shall not multiply horses to take their fields vineyards is meer Robbery contrary to the Moral Judicial Law whereof he was to have alwise a Copy vers 18. And contrary to Ezek. 46. 18. The Prince shall not take of the peoples inheritance c. This would justify Ahabs taking Naboths vineyard which yet the Lord accounted Robberie and for which Tyrants are called Companions of Thieves Isai. 1. 23. Robbers Isai. 42. 24. into whose hands the Lord somtimes may give His people for a spoyl in Judicial providence but never with His Approbation grant of right to make them cry out â—s oppression which the Lord abhors Isai. 5. 7 8. And if this be all the remedy it is none for it is such a Cry as the Lord threatens He will not hear 3. It is false that this manner of the King was registered in that Book mentioned 1 Sam. 10. 25. for that was the Law of the Kingdom accordingly the Copy of which the King was to have for his instruction containing the fundamental Laws point blank contrary to this which was the manner of the King There is a great difference between the Manner of the Kingdom what ought to be observed as Law and the Manner of the King what he would have as lust Would Samuel write in a Book the rules of Tyranny to teach to oppress contrary to the Law of God He sayes himself he would only teach both King people the good the right way Sam. 12. 23 25. 4. Nothing can be more plain than that this was a meer disswasive against seeking a King for he protests against this Course and then layes before them what sort of King he should be in a description of many acts of Tyranny and yet in end its said vers 19. Nevertheless the people refused to obey the voice of Samuel and said Nay but we will have a King. Now what else was the voice of Samuel than a disswasion I am not here levelling this Argument against Monarchy in the abstract that does not lie in my road But I infer from hence 1. If God was displeased with this people for asking ouning a King who was only Tyrannus in fieri and disswades from the choise by a description of his future Tyranny Then Certainly He was displeased with them when they continued ouning him when a Tyrant in facto esse according to that description But the former is true Therefore also the latter The Consequence is clear for Continuing in sin is sin but continuing in ouning that Tyrant which was their sin at first was a continuing in sin Ergo The Minor is confirmed thus Continuing in counteracting the Motives of Gods disswasion especially when they are sensibly visible is a Continuing in sin But their Continuing in ouning Saul after he became a Tyrant was a Continuing in counteracting the Motives of Gods disswasion when they were sensibly visible I do not say because it was their sin to ask Soul therefore it was not Lawful to oune him while he ruled as a Magistrate And so if Charles the second had ruled righteously it would not have been sin to oune him but after the Lord uses disswasives from a choise of such a one and these are signally verified if it was sin to make the choise then it must be sin to keep it 2. If it was their sin to seek set up such a one before he was Tyrant who yet was admitted upon Covenant terms and the manner of it registered Then much more is it a sin to seek set up one after he declared himself a Tyrant and to admit him without any terms at all or for any to consent or give their suffrage to such a deed But the former is true Therefore the latter and Consequently to give our consent to the erection of the D. of Y. by ouning his Authority were our sin 3. If it be a sin to oune the manner of the King there described then it is a sin to oune the present pretended Authority which is the exact transumpt of it But it is a sin to oune the manner of the King there described or else it would never have been used as a disswasive from seeking such a King. 4. To bring our selves under such a burden which the Lord will not remove and involve our selves under such a miserie wherein the Lord will not hear us is certainly a sin vers 18. But to oune or chuse such a King whose manner is there described would bring our selves under such a burden miserie wherein the Lord would not hear us Ergo it were our sin 4. We may adde the necessary Qualifications of Magistrates which the Lord requires to be in all both Superior Inferior And thence it may be inserred that such pretended Rulers who neither have nor can have these Qualifications are not to be ouned as Magistrates no more than such are to be ouned as Ministers who have no qualifications for such a function We find their essentially necessary qualifications particularly described Iethros Counsel was Gods Counsel Command That Rulers must be able men such as fear God men of Truth hating Covetousness Exod. 18. 21. Tyrants Usurpers have none nor can have any of these qualifications except that they may have ability of force which is not here meant but that they be Morally able for the discharge of their duty Surely they cannot fear God nor be men of Truth for then they would not be Tyrants It is Gods direction that the man to be advanced assumed to Rule must be a man in whom is the Spirit Numb 27. 18. as is said of Ioshua what Spirit this was Deut. 34. 9. explains He was full of the Spirit of Wisdom that is the Spirit of Government not the Spirit of infernal or Iesuitical Policy which Tyrants may have but they cannot have the true Regal Spirit but such a Spirit as Saul had when he turned Tyrant an evil Spirit from the Lord. Moses saith they must be wise men understanding and known among the tribes Deut. 1. 13. for if they be Children or fools they are plagues punishments Isai. 3. 2 3 4. c. not Magistrates who are alwise blessings And they must be known men of intergrity not known to be
but our Ministers that ventured their lives in preaching in the fields have had a certain seal to their Ministry is sealed sensibly in the conviction of many confession of moe That Christs Ministers Witnesses employed about the Great Gospel Message cloathed with His Authority under the obligation of His Commands lying upon them must preach the people must hear them not withstanding of all Laws to the contrary Divines grant that the Magistrate can no more suspend from the exercise than he can depose from the Office of the Ministry for the one is a degree unto the other See Apollon de jure Majest circa Sacra Part. 1. Pag. 334. c. Rutherf Due right of Presb. Pag. 430. c. For whether it be right in the sight of God to hearken unto men more than unto God the Consciences of the greatest enemies may be appealed unto Act. 4. 19. They must not cease wherever they have a Call Occasion to Teach Preach Iesus Christ Act. 5. ult Necessity is laid upon them yea wo unto them if they Preach not the Gospel 1 Cor. 9. 16. In all things they must approve themselves as the Ministers of God in much patience in afflictions in necessities c. by honour dishonour by evil report good report as deceivers and yet true as unknown yet well known 2 Cor. 6. 4 8 9. They must preach the Word be instant in season out of season reprove rebuke exhort with all long suffering doctrine 2 Tim. 4. 2. Dare any say then that a Magistrats or Tyrants Laws can exauctorate a Minister or silence him by his oun proper elicite acts as King or Tyrant or formally immediately Will Mischiefs framed into a Law warrant such iniquity or an act of a King of Clay rescind the Mandats of the King of Kings or exempt people from obedience due thereunto Or will the Bishops Canons who have no power from Christ or the Censures of them that stand condemned themselves by the Constitutions of the Church Acts of the General Assemblies have any weight in the case And yet these are all that can be alledged except odious invidious Calumnies the ordinary Lot of the most faithful against the present preachers in the fields which are sufficiently confuted in their late Informatory Vindication and need not here be touched Seeing therefore they have given up themselves unto Christ as His servants they must resolve to be employed for Him to the outmost of their power and must not think of laying up their Talent in a Napkin especially now when there is so great necessity when Defection is yet growing covered countenanced more more Division nothing abated but new oyl cast daylie into the flames of devouring Contentions the people generally drouned in the deluge of the times snares sins and like to be over whelmed in the inundation of black Poperie now coming in at the opened sluce of this wicked Toleration with the Congratulations of Addressing Ministers when now the Harvest is great and the Labourers are few Great then is the necessity and double must the woe be that abideth such Ministers as are silent at such a time And great inexcusable is the sin of the people if they do not come out and countenance faithful Ministers the Messengers of the Lord of hosts from whom they should seek the Law Mal. 2. 7. especially when there are so many that have palpably betrayed their Trust and so few that are faithful in the necessary Testimony of the day Seeing then faithful Ministers must preach people must hear where can they meet with conveniency safety freedom except either under the shelter of this wicked Toleration which they dare not do or else go to the fields 5. It must be obtained also that the Ministers have a right to Preach in this unfixed manner whereever they have a Call their relation now in this disturbed state of the Church being to be considered more extensively than in its settled condition For understanding which we must distinguish a three or four-fold relation that a Minister of the Gospel stands into First He is a Minister of Christ and Steward of the Mysteries of God 1 Cor. 4. 1. having his Commission from Christ as his Master And this relation he hath universally wherever he is Secondly he is a Minister of the Catholick Church though not a Catholick Minister of it which is his primary relation for that is the Church in which Ministers are set 1 Cor. 12. 28. and to which they are given Eph. 4. 11 12. Thirdly He is a Minister of the particular Church whereof he is a Member and so in Scotland a Minister is a Minister of the Church of Scotland and is obliged to lay out himself for the good of that Church Fourthly he is a Minister of the particular Congregation whereunto he hath a fixed relation in a constitute case of the Church This last is not essential to a Minister of Christ but is subservient to the former relations but when separated from such a relation or when it is impossible to be held he is still a Minister of Christ and His Call to preach the Gospel stands binds See M r Durhams Degression on this particular on Revel chap. 2. pag. 89. c. in quarto For thô he be not a Catholick Officer having an equal relation to all Churches as the Apostles were Nevertheless he may exerce Ministerial Acts Authoritatively upon occasions warrantably calling for the same in other Churches as Heraulds of one King having Authority to charge in His Name wherever it be especially in a broken state of the Church when all the restriction his Ministerial relation is capable of is only a tye call to officiate in the service of that Church whereof he is a Member and so he hath right to preach every where as he is called for the edification of that Church The reasons are 1. He hath power from Christ the Master of the whole Church and therefore wherever the Masters Authority is acknowledged the Servants Ministerial Authority cannot be denied at least in relation to that Church whereof he is a Member as well as a Minister 2. He hath Commission from Christ principally for the edification of Christs body as far as his Ministrie can reach according to the Second relation 3. His relation to the whole Church is principal that which is fixed to a part is only subordinate because it is a part of the whole 4. His Commission is indefinite to preach the Gospel which will sâ—it as well in one place as in another 5. The same great ends of the Churches greater good edification which warrands fixing of a Minister to a particular charge in the Churches peaceable state will warrand his officiating more largely in her disturbed state 6. Else it would follow that a faithful Minister standing in that relation to a disturbed destroyed Church and all his
Lawless licence to oppress whom they please Then when they turn Tyrants and arrogate a Lawless Absoluteness and cross the Rules transgress the Bounds prescribed by Gods Law mans Law and make their oun lust a Law and execute the same arbitrarly They must be Resisted by force when a legal resistence cannot be had in defence of Religion and Liberty But all Princes are limited c. Ergo The Minor is proved Head. 2. And the Connexion may be thus confirmed in short That power which is not the Ordinance of God may be resisted But an absolute illimited power crossing the Rules and transgressing the bounds prescribed by Gods Law and mans is not the Ordinance of God Ergo it may be Resisted 8. Further from the Rule of Government it may be argued several wayes 1. That power which is contrary to Law evil Tyrannical can tye none to subjection but if it oblige to anything it tyes to Resistence But the power of a King against Law Religion and the Interests of the subjects is a power contrary to Law evil Tyrannical Ergo The Major is plain for Wickedness can tye no man but to resist it That power which is contrary to Law evil Tyrannical is Wickedness 2. That power and those Acts which neither King can exerce nor command nor others execute nor any obey must certainly be Resisted But such is the power and Acts that oppress the subjects and overturn Religion Liberty Ergo The Minor is evident from Scriptures condemning oppression violence both in them that command and in them that execute the same and also them that obey such wicked commands The Major is clear from Reason both because such power such Acts as cannot be commanded cannot be executed cannot be obeyed Lawfully are sinful wicked and because it cannot be a Magistratical power for that may alwayes be exerced executed Lawfully And what a man cannot command the resisting of that he cannot punish But acts of oppression against Law Religion Liberty a man cannot command Ergo the Resisting of these he cannot punish 3. That Government or Administration which is not subordinate to the Law Will of God who hath appointed it must be Resisted But that Government or Administration which undermines or overturnes Religion Liberty is not subordinate to the Law Will of God Ergo The Major is clear for nothing but what is the Ordinance of God subordinate to His Law Will is irresistible Rom. 13. 2. The Assumption is undenyable 9. From the Ends of Government which must be acknowledged by all to be the Glory of God and the Good of Mankind yea all that have been either wise or honest have alwayes held that Salus Populi est Suprema Lex The Arguments may run thus in short 1. That Doctrine which makes the Holy one to cross His oun ends in giving Governours must be absurd Unchristian as well as irrational But such is the Doctrine that makes all Kings Tyrants irresistible upon any pretence whatsoever Ergo The minor I prove That Doctrine which makes God intending His oun Glory the peoples good to give Governours both as Fathers to preserve and as Murderers to destroy them must make the Holy one to cross His oun ends for these are Contradictory But the Doctrine that makes all Kings Tyrants irresistible c. is such For by Office they are Fathers to preserve and by Office also they must be Murderers vested with such a power from God actu primo if they be irresistible when they do so seeing every power that is irresistible is the Ordinance of God. Hence also when a Blessing turns a Curse it is no more the Ordinance of God but to be resisted But when a King turns a Tyrant overturning Religion Liberty then a Blessing turns a Curse Ergo 2. Means are to be Resisted when they are not useful for but destructive to the ends they were appointed for But Governours overturning Religion Liberty are Means not useful for but destructive to the ends for which they were appointed Seeing then they are neither for the Glory of God nor the good of Mankind Ergo 3. If all powers Prerogatives of men are only means appointed for and should vaile unto the Supreme Law of the peoples Safety and all Laws be subordinate to and corroborative of this Law and when cross to it are eatenus null no Laws and all Law-formalities in Competition with it are to be laid aside and all Parliamentary priviledges must yeeld to this and King Parliament both conspiring have no power against it and no Soveraign power by virtue of any resignation from the people can comprize any Authority to act against it Then it is duty to obey this Supreme Law in Resisting all powers Prerogatives all Laws Law-formalities and all conspiracies whatsoever against this Supreme Law the Safety of the people But the former is true as was proven Head. 2. Ergo 4. That power which is obliged appointed to command rule Justly Religiously for the good of the people and is only set over them on these conditions and for that end cannot tye them to subjection without Resistence when the power is abused to destruction of Laws Religion and people But all power is so obliged appointed Therefore whensoever it is so abused it cannot tye people to subjection but rather oblige them to Rejection of it 10. From the Obedience required to Government It may be argued thus 1. If we may flee from Tyrants then we may Resist them But we may flee from Tyrants Ergo we may Resist them The Connexion I prove 1 If all grounds of Justice will warrand the one as well as the other then if the one be duty so is the other But the former is true For the same justice equity that warrands declining a Tyrants unjust violence by flight will warrand Resistence when flight will not do it The same Principle of self defence that makes flight duty when Resistence is not possible will aso make Resistence duty when flight is not possible The same Principle of Charity to Wives Children that makes flight Lawful when by Resistence they cannot avoid Tyranny will make Resistence duty when by flight they cannot evite it The same Principle of Conscience to keep Religion free that prompts to flight when Resistence will not save it will also prompt to Resist when flight is not practicable 2 If to flee from a just power when in Justice we are obnoxious to its sword be to resist the Ordinance of God and so sin then to flee from an unjust power must be also a Resisting of the abusing of it and so duty for the one is Resistence as the other but the difference of the power resisted makes the one Lawful the other not Again if Royal power may be resisted by interposing seas and miles why not also by interposing walls armes both is resistence
without sedition withhold the fruits profits which your false Bishops Clergy most unjustly received of yow Upon which he subjoins the preceeding Arguments Yet now a dayes these have no weight but such as refuse either to pay Oppressors exactions or Curats stipends are condemned for giddy fools Again we find that when they were challenged for duty they would never decline a declaration of its righteousness nor do any thing directly or indirectly which might seem a condemning of it And therefore they wold receive no pardons for these things which they could not confess to be offences Iohn Knox challenged for offending the Queen had her promise that if he would confess an offence his greatest punishment should be but to go within the Castle of Edinburgh and immediatly to return to his own house he refused absolutely But now if our Pardon-mongers prudent men had been so circumstantiate surely they could have helped themselves with their distinctions they might confess be pardoned for offending the Queen thô not confess it to be a fault in their Conscience But Mr Knox had not learned that then When they were pursuing the Murder of King Henry of Darnely the Queen finding her self not strong enough offers to forgive pardon that insurection The Earle of Morton in name of all the rest did not only refuse a Cessation but told her they would not ask a pardon But now sufferers for refusing of these base unmanly aswell as unchristian Complyances are much condemned Finally because this strictness especially in their severity against their Enemies may be accused of Iewish rigidity inconsistent with a Gospel Spirit of Lenity which also is imputed to the much condemned sufferers of Scotland at this time for their Testimonies against Toleration Liberty of Conscience Let us hear what Knox sayes whatsoever God required of the Civil Magistrate in Israel or Juda concerning the observation of true Religion during the time of the Law the same doth He require of Lawful Magistrates professing Christ Jesus in the time of the Gospel And Cites a large Testimony out of Augustine to this purpose And afterward objecting to himself the practice of the Apostles who did not punish the Idolatrous Gentiles he answers That the Gentiles being never avowed to be Gods people before had never received his Law and therefore were not to be punished according to the rigor of it to which they were never subject being strangers from the Commonwealth of Israel But if any think after the Gentiles were received in the number of Abrahams children and so made one people with the Jewes beleeving then â—hey were not bound to the same obedience of Israels Covenant the same seems to make Christ inferior to Moses and contrare to the Law of His heavenly Father for if the Contempt and transgression of Moses's Law was worthy of death what judge we the contempt of Christs ordinance to be And if Christ be not come to dissolve but to fulfill the Law of His Heavenly Father shall the Liberty of His Gospel be an occasion that the special glory of His Father be troden under foot and regarded of no man God forbid And therefore I fear not to affirme that the Gentiles be bound by the same Covenant that God made with His people Israel in these words Beware that thou make not any Covenant with the Inhabitants of the Land but thou shalt destroy their Altars c. When therefore the Lord puteth the Sword in the hand of a people they are no less bound to purge their Cities Countreyes from Idolatrie then were the Israelites what time they received the Possession of the Land of Canaan III. For the head of Resistence of Superior powers we have no clearer instances in any Period then in this where of the above mentioned hints give some account to which in their sentiments arguments may be here subjoined They prised and improved this principle so much that they put it in their Confession of faith Art. 14. To save the Life of Innocents to repress Tyranny to defend the oppressed are among the good works of the Second Table which are most pleasing acceptable to God as these works are commanded by Himself And to suffer innocent blood to be â—hed if we may withstand it is affirmed to be sin by which Gods hot Displeasure is kindled against the proud unthankful world And if there were no more to render the late Test of Scotland detestable that condemns all resistence of Kings upon any pretence whatsoever this may make all Christians all men abhor the contrivance of it that that same Test that confirms this Thesis doth also impose the Antithesis upon Conscience It obliges to this Confession in the first part of it and to deny it in the Latter But no wonder that men of feared Consciences can receive any thing thô never so contradictory to it self And that men who deny sense and that principle irradicated in humane nature may also deny Conscience make a fool of it in sowdering Contradictories But not only did our Reformers assert this Truth for which now their children adhering to their Testimony suffer both rage and reproach but also gave their reasons for it As 1 Mr Knox in his first Conference with the Queen argues thus There is neither greater honour nor obedience to be given to Princes than Parents but so it is that the father may be stricken with a phrensie in the which he would slay his oun children now if the children arise take his weapon from him bind his hands do the children any wrong It is even so with Princes that would murder the Children of God subject to them their blind zeal is nothing but a very mad phrensie and therefore to take the sword from them and cast them into prison till they be brought to a more sober mind is no disobedience against Princes 2 In his Conference with Lithingtoun he proves the same point from the consideration of the justice of God punishing the people for not resisting the Prince The Scripture of God teacheth me saith he Ierusalem Iuda were punished for the sins of Manassoh If you alledge they were punished because they were wicked and not because the King was wicked the Scripture sayes expressly for the sins of Manasseh yet will I not absolve the people I will grant the whole people offended with their King but how to affirme that all Iuda committee the acts of his impiety hath no certainty who can think that all Ierusalem should turn Idolaters immediatly after Hezekias notable Reformation One part therefore willingly followed him in his Idolatry the other suffered him so were criminal of his sin even as Scotland is guilty of the Queens Idolatry this day In the same Discourse he makes it plain that all are guilty of Innocents murder who do not oppose it from Ieremies words in his defence before the Princes Know ye for certain if ye put me to death ye
thither and flew him there Lethingtoun doubted whether they did well or not â—e answered where I find execution according to Gods Law and God Himself not accuse the doers I dare not doubt of the equity of their Cause And it appears God gave them sufficient evidence of His approving the fact for He blessed them with peace and prosperity But prosperity does not alwise prove that God approves the fact yes when the acts of men agree with the Law and are rewarded according to the promise in that Law then the prosperity succeeding the fact is a most infallible assurance that God hath approved it but so it is that there is a promise of lengthening out prosperity to them that destroy Idolatry And again concluding Uzziahs example he sayes there The people ought to execute Gods Law even against their Princes when that their open Crimes by Gods Law deserve punishment especially when they are such as may infect the rest of the multitude V. There is another thing for which people have suffered much in our day of blasphemy rebuke trouble which yet we find was not so odious in our Reformers eyes as this dull degenerate age would represent it That in some cases it is Lawfull laudable for private persons touched with the zeal of God love to their Countrey respect to Justice trampled upon by Tyrants to put forth their hand to execute righteous judgment upon the Enemies of God mankind intollerable Traitors Murderers Idolaters when the ruine of the Countrey Destruction of Religion Liberty and the wrath of God is threatened in for the impunity of that vermin of villains and may be averted by their destruction always supposed that these whose office it is to do it decline their duty The mind of our Reformers as to this is manifest both in their practice opinion We heard before of the slaughter of Cardinal Beaton and of the fidler Rizio we shall find both commended by Mr Knox giving account how these that were caryed Captives to France for this Cause from St Andrews were delivered This saith he we write to let the posterity to come to understand how potently God wrought in preserving delivering of those that had but a small knowledge of His Truth and for the love of the same hazarded all That if we in our days or our posterity that shall follow shall see a dispersion of such as oppose themselves to impiety or take upon them to punish the same otherwise then Laws of men will permit if such shall be left of men yea as it were despised punished of God yet let us not damn the persons that punish vice and that for just cause nor yeâ— despair but that the same God that dejects will raise up again the persons dejected to His glory and their comfort And to let the world understand in plain termes what we mean that great abuser of this Commonwealth that Pultron vile Knave Davio was justly punished March 9. 1565. by the Counsel hands of Iames Douglas Earle of Mortoun Patrick Lord Lindsay c who for theâ—r just act and most worthy of all praise are now unworthily left of all their Brethren This is not only commended by the Author alone but we find it concluded by all the Brethren at that time when the Queen brought in the Idol of the Masse again and the proud Papists began to avow it then let it be marked that The Brethren universally offended and espying that the Queen by Proclamation did but delude them determined to put to their own hands and to punish for example of others And so some Priests in the West Land were apprehended Intimation was made to others as to the Abbot of Cosragnel the Parson of Sanquhar and such that they should neither complain to the Queen nor Council but should execute the punishment that God has appointed to Idolaters in His Law by such means as they might wherever they should be apprehended Upon this the Queen sent for Mr Knox and dealt with him earnestly that he would be the instrument to perswade the people not to put hand to punish He perceiving her craft willed her Maj. to punish Malefactors according to Law and he durst promise quietness upon the part of all them that professed Christ within Scotland but if her Maj. thought to delude the Laws he feared some would let the Papists understand that without punishment they should not be suffered so manifestly to offend Gods Majestie Will ye quoth she allow they shall take my Sword in their hand The Sword of Justice said he Madam is Gods and is given to Princes Rulers for one end which if they transgress sparing the wicked oppressing the Innocents they that in the fear of God execute judgment where God hath commanded offend not God although Kings do it not the examples are evident for Samuel spared not to slay Agag the fat delicate King of Amalek whom King Saul had saved Neither spared Elias Iezabels false Prophets Baals Priests albeit that King Ahab was present Phineas was no Magistrate and yet feared he not to strike Zimri Cozbi in the very act of filthy fornication And so Madam your Maj. may see that others then Magistrates may Lawfully punish have punished the vice crimes that God commands to be punished He proved it also at more length in his Appellation from Deut. 13. If thy Brother solicite thee secretly saying let us go serve other Gods consent not to him let not thine eye spare him 〈…〉 him let thy hand be first upon him and afterward the hand of the whole people Of these words of Moses two things appertaining to our purpose are to be noted The first is that such as solicitate only to Idolatrie ought to be punished to death without favour or respect of person for He that will not suffer man to spare his son wife c. will not wink at the Idolatry of others of what state or condition soever they be It is not unknown that the Prophets had Revelations of God which were not common to the people Now if any man might have claimed any priviledge from the rigor of the Law or might have justified his fact it should have been the Prophet but God commands that the Prophet that shall so solicitate the people to serve strange Gods shall dye the death notwithstanding that he alleadge for himself dream vision or Revelation because he teacheth Apostacy from God hereby it may be seen that none provoking the people to Idolatry ought to be exempted from the punishment of death Evident it is that no state condition nor honour can exempt the Idolater from the hands of God when He shall call him to an account How shall it then excuse the people that they according to Gods command punish not to death such as shall solicitate or violently draw the people to Idolatrie The second is that the punishment of such Crimes as Idolatrie blasphemy
Generall Assembly under the pain of excomunication Hereby they were awakened animated to a more vigorous Prosecution of the establishment of the House of God in its due Government In pursuance whereof the Assemblies from that time untill the year 1581. Did with much painfulness faithfulness attend the work untill by perfecting of the Second Book of Discipline they compleated their work in the exact Model of Presbyterial Government in all its Courts Officers Which was Confirmed Covenanted to be kept inviolate in the National Covenant subscribed that year by the King his Court Council and afterwards by all ranks of People in the Land. Whence it may be doubted whether the impudence of the succeeding Prelats that denyed this or their perjury in breaking of it be greater This was but the first brush a brisker assault followes Wherein for the better establishment of Prelacy that what it wants of Divine right might be supplyed by the accession of humane Prerogative and not only Diocesan but also Erastian Prelacy might be set up to destroy Christs Kingdom advance Sathans the Earle of Arran his wicked Complices move the King contrary both to the Word Oath of God to usurp the prerogative of Jesus Christ and assume to himself a blasphemous Monster of Supremacy over all Persons in all Causes as well Ecclesiastical as Civil But this also the faithful Servants of God did worthily valiantly resist and at the very first appearance of it gave in a Grievance to the King anno 1582. That he had taken upon him a spiritual Power which properly belongs to Christ as only King Head of the Church the Ministerie execution whereof is only given to such as bear office in the Ecclesiastical Government in the same so that in the Kings Person some men press to erect a new Popedome as though he could not be full King of this Commonwealth unless as well the spiritual as temporal Sword be put in his hand unless Christ be rest of His Authority and the two Jurisdictions confounded which God hath divided which directly tendeth to the wrack of all true Religion Which being presented by the Commissioners of the General Assembly the Earle of Arran asked with a frouning Countenance who dare subscribe these treasonable Articles Mr Andrew Melvin answered we dare will subscribe render our Lives in the Cause And afterward that same Assembly presented Articles shewing that seeing the spiritual Jurisdiction of the Church is granted by Christ and given only to them that by preaching teaching overseeing bear Office within the same to be exercised not by the injunctions of men but by the only Rule of Gods Word hereafter no other of whatsomever degree or under whatsomever pretence have any colour to ascribe or to take upon them any part thereof either in placing or displacing of Ministers without the Churches admission or in stopping the mouths of Preachers or puting them to silence or take upon them the judgment of tryal of Doctrine c. But in contempt contradiction to this and to prosecute exert this new usurped Power Mr Andrew Melvin was summoned before the secret Council for a Sermon of his applying his doctrine to the Times Corruptions whereupon he gave in his declinature against them as incompetent Judges and told them they were too bold in a Constitute Christian Church to pass by the Pastors Prophets Doctors and to take upon them to judge the Doctrine and to control the Ambassadors of a Greater then was there which they neither ought nor can do There are saith he Loosing a litle Hebrew Bible from his girdle my Instructions Warrant see if any of you can control me that I have past my injunctions For this he was decerned to be warded in the Castle of Edinbrugh but he being informed that if he entered in ward he would not be released unless it were for the scaffold he conveyed himself secretly out of the Countrey Hereafter when the Parliament 1584. had enacted this Supremacy and submission to Prelacy to be subscribed by all Ministers the faithful first directed Mr David Lindsey to the King desiring that nothing be done in Parliament prejudicial to the Churches Liberty who got the Prison of Blackness for his Pains And then when they could not get access for shut doors to Protest before the Parliament yet when the Acts were proclaimed at the Cross of Edinburgh they took publick Documents in name of the Church of Scotland though they were but two that they protested against the said Acts and fled to England leaving behind them reasons that moved them to do so And Mr Iames Melvin wrote against the subscribers at that time very pertinently Proving first that they had not only set up a new Pope so become Traitors to Christ and condiscended to that chief error of Papistrie whereupon all the rest depend but further in so doing they had granted more to the King than ever the Popes of Rome peaceably obtained c. And in the end as for those that Lamented their oun weakness feebleness he adviseth them to remove the publick slander by going boldly to the King Lords and shew them how they had fallen through weakness but by Gods power are risen again and there by publick note witness taken free themselves from that subscription and to will the same to be delete renouncing detesting it plainly and thereafter publickly in their Sermons and by their Declaration retractation in writ presented to the faithful manifest the same let them do with stipend benefice Life it self what they list This I insert because this Counsel is now condemned and when poor people offended with Ministers subscriptions of Bonds other Complyances desire acknowledgments of the offence they reject it as an impertinent imposition and plead they are not obliged to manifest any retractation but to an Ecclesiastical Judicatory To which I shall say nothing here but this is no novelty After this it is known what bickerings the faithful witnesses of Christ had in their Conflicts with this supremacy upon the account of Mr David Blacks Declinature which they both advised him to approved when he gave it in against the King Conncil as Judges of his Doctrine And the Commissioners of the General Assembly ordained all to deal mightily with the power of the word against the Councils encroachments for which they were charged to depart forth of Edinburgh After which he added a second Declinature Declaring there are two Jurisdictions in this realme the one Spiritual the other Civil the one respecting the Conscience the other externals c. Therefore in so far as he was one of the spiritual office-bearers and had discharged his spiritual Calling in some measure of grace sincerity should not nor could not be Lawfully judged for preaching and applying the word by any Civil power he being an Ambassadour Messenger of the Lord Jesus having his Commission from
imposed upon consulted again vvhat to do and in end being oversvvayed more vvith respect to their oun credite vvhich they thought should be impeached if they should retract their oun Plenipotentiary Instructions to conclude the Treaty upon the Kings assent to their Conditions than to their reclamant consciences they resolved to bring home that pest and thereby Precipitated themselves us into ineluctable miserie Yet they thought to mend the Matter by binding him vvith all Cords and puting him to all most explicite Engagments before he should receive the Imperial Croun Well upon these termes home he comes and before he set his foot on British ground he takes the Covenant And thereafter because the Commission of the General Assembly by the Act oâ— the West Kirk August 13. 1650. Precluded his Admittance unto the Croun if he should refuse the then required satifaction before his Coronation he emits that Declaration at Dumferling wherein Professing appearing in the full perswasion love of the Truth he repenteth as having to do with in the sight of God his Fathers opposition to the Covenant work of God his oun reluctances against the same hoping for Mercy through the blood of Jesus Christ and obtesting the prayers of the faithful to God for his stedfastness and than protesteth his Truth sincerity in entering into the Oath of God resolving to prosecute the ends of the Covenant to his utmost and to have with it the same Common friends Enemies exhorting all to lay doun their enmity against the cause of God and not to prefer mans Interest to Gods which will prove an Idol of Jealousie to provoke the Lord and he himself accounteth to be but selfish flatterie A declaration so full of heart Professions high Attestations of God that none considering what followed can reflect thereon without horror trembling from the holy Jealousie of the Lord either for the then deep dissimulation or the after unparalelled Apostacy I know it is objected by Court parasites that the King was then compelled to do these things To which I shall only say It would have cost any of them their head at that time to have asserted that he did upon deliberation choise mock God man and entered into these Engagments only with a purpose to be thereby in better Capacity to destroy what he swore to maintain only because he could not have the Croun without this way which in the Confession of the objectors themselves was only deliberate premeditate Perjurie Next if it should be granted he was Compelled let it be also considered who Compelled him and these will be found to be the deceitful Courtiers For let it be adverted what Mr Gilespie declares of the Case who put the pen in his hand when he subscribed that Declaration He perceiving there was sufficient ground to Jealouse his reality and seeing evidently that the Courtiers prevailed with the King on a sudden to offer to subscribe the Declaration when they observed that the Commissioners of Churh State were resolute ready to go away in a fixedness to leave out the puting of his Interest in the state of the quarrel and being afrayed of the sad Consequences of it spoke his mind plainly to the King That if he was not satisfied in his Soul Conscience beyond all hesitation of the righteousness of the subscription he was so far from overdriving him to run upon that for which he had no light as he obtested him yea he charged him in his Masters name and in the name of these who sent him not to subscribe this Declaration no not for the three Kingdoms Whereupon the King answered Mr Gillespie Mr Gillespie I am satisfied I am satisfied with the Declaration and therefore will subscribe it Upon which some of the Courtiers swore that Mr Gillespie intended simply to disswade the King from subscribing it that so Church and State might professedly lay aside his Inetrest which would have defeat their hopes to make up themselves as now they have done upon the then designed ruine of the Interest of Truth Then at his Coronation we have his again reiterated confirmations of that Covenant first he is desired in name of the people to accept the Crown and maintain Religion according to the National Solemn League Covenant whereunto he gave his apparently Cordial consent the words are in the forme order of the Coronation with the whole Action Then next a Sermon being Preached upon 2 King. 11. 12 17. the action commenceth with his most solemn renewing of the National and solemn League Covenant by Oath Then he is presented to the people and their willingness demanded to have him for their King on these termes At the same time in the next place he took the Coronation Oath Then on these termes he accepted the Sword. And after the Crown is set upon his head the peoples obligatory Oath is proclaimed on the termes foresaid otherwise he is not that King to whom they swore subjection Then being set upon the Throne he was by the Minister put in mind of his Engagments from 1 Chron. 29. 33. And then the Nobles of the Land came one by one kneeling and lifting up their hands between his hands swore the same Oath These things done the whole Action was closed with a most solid severe exhortation from several instances Neh. 5. 13. Ier. 34. 18 19 20 c. There after in the year 1651. followed the Ratification of all these preceeding Treaties Transactions Engagments concluded enacted by the King and the Parliament then fully freely conveened whereby the same did pass into a Perpetual Law. And this Covenant which from the begining was is the most sure indispensible Oath of God became at length the very fundamental Law of the Kingdom whereon all the rights or priviledges either of King or people are principally bottomed secured This might seem security sufficient but considering the former discoveries experiences they had of his Treachery and the visible appearances in the mean time of his Refusalls visible Reluctances manifest Resilings open Counter actings and continued prejudices against the Covenant and his following unprecedented avowed perjurie every thing doth indelebly fasten upon them the weakness at least of an overweening Credulity and upon him the wickedness of a perfidious Policy in all these Condiscensions After this it came to pass that zeal for the Cause rightly stated was suddenly contracted to a few and the flame thereof extinguished in many and Court wild fire substitute in its place whereby a plain defection was violently carried on by the Publick Resolutioners who relapsing into that most sinful Conjunction with the People of these abominations so solemnly repented for resolved against did notwithstanding bring in Notorious Malignants into places of power Trust in Judicatories Armies in a more Politick than Pious way of requiring of them a constrained dissembled Repentance to the mocking
up the spirits of these few who stood in the Gap to oppose resist the same and to begin the work of Reformation in the Land since which time the silence of some Ministers the complyance of others hath had great influence upon the backslidings of many amongst the people who upon the discovery of the evil of their way complain that they got not warning or that if they were warned by some others held their peace or did justify them in the course of their backsliding we can look upon such Ministers no otherwise than upon these that are guilty of the blood of the Lords people and with whom the Lord will reckon for all the breach of Covenant defection that hath been in the Land The Priests lips should preserve knowledge and they should seek the Law at his mouth for he is the Messenger of the Lord of Hosts but such as are departed out of the way and have caused many to stumble at the Law therefore hath the Lord made them contemptible before all the people according as they have not kept His wayes but have been partial in His Law because they have lost their savour He hath cast out many of them as unsavoury salt Further more to evidence the Purity power of zeal burning blazing in these dayes in their Contendings against Publick Enemies on all hands I shall instance some of their Acts Testimonies clearly condemning the manifold Complyances of this Generation and which may contribute somewhat to Justifie the reproached preciseness of a Remnant standing at the furthest distance from them There is an Act for Censuring the Complyers with the publick Enemies of this Church Kingdom Gen. Ass. Edinb Iunij 17. 1646. Sess. 14. where they judge it a great scandalous provocation grievous defection from the publick cause to comply with these Malignants such as Iames Graham then was in any degree even to procure Protections from them or to have invited them to their houses or to have drunk Iames Graham his health or to be guilty of any other such Gross degrees of Complyance censured to be suspended from the communions ay while they acknowledge their offence And yet now for refusing these degrees of complyance for not having the protectior of a Pass from the wicked courts of malignant enemies by taking a wicked oath and for refusing to drink the Kings health a greater Enemy then ever Iames Graham was some poor conscientious people have not only been murdereâ— by Enemies but mocked condemned by professores There is an Act likewise declaration against all new oaths or bonds in the common cause imposed without consent of the Church Gen. Ass. Edinb Iuly 28. 1648. Sess. 18. Enjoining all the members of the Church to forbear the swearing or subscribing any new oaths or bonds in this Cause without Advice concurrence of the Church especially any negative oaths or bonds which may any way limit or restrain them in the duties whereunto they are obliged by National or Solemn League Covenant Yet now for refusing Oaths not only limiting in Covenanted duties but contradicting condemning many material Principles of the Covenanted Reformation many have not only lost their Lives but also have been condemned by them that are at ease having a wider conscience to swallow such baits It is known how pertinacious the most faithful in those dayes were in their contendings against Associations in any undertaking for the cause with persons disaffected to the true state thereof I need not give any account of this were it not that now that Principle is quite inverted and poor Adherers to it for their abstracting substracting their concurrence with such promiscuous Associations are much hated flouted therefore I shall give some hints of their sentiments of them In their Answer to the Committee of Estates Iulij 25. 1648. Sess. 14. the Gen. Assembly sayes It was represented to the Parliament that for securing of Religion it was necessary that the Popish Prelatical Malignant party be declared Enemies to the cause upon the one hand as well as Sectaries upon the other and that all Associations either in forces or counsels with the former as well as with the latter be avoided And in their declaration concerning the Present dangers of Religion especially the unlawful Engagment in War Iulij ult 1648. Sess. 21. They say suppose the ends of that Engagment be good as they are not yet the means wayes of Prosecution are unlawful because there is not an equal avoiding of rocks on both hands but a joining with Malignants to suppress Sectaries a joining hands with a black devil to beat a white devil They are bad Phisicians who would so cure one disease as to breed another as evil or worse we find in the Scriptures condemned all Confederacies Associations with the Enemies of true Religion whether Canaanites Exod. 23. 32. and 24. 12 15. Deut. 7. 2. or other heathens 1. King. 11. 1 2. More Arguments against Associations may be seen in that excellent discussion of this useful Case Concerning Associations Confederacies with Idolaters Infidels Hereticks or any other known enemy of Truth or Godliness by famous Mr G. Gillespie published at that same time whereunto is appended his Letter to the commission of the General Assembly having these golden words in it words fitly spoken in that season when he was a dying at the begining of the Publick Resolutions Having heard of some motions beginings of complyance with these who have been so deeply engaged in a war destructive to Religion the Kingdoms Liberties I cannot but discharge my conscience in giving a Testimony against all such complyance I know am perswaded that all the faithful witnesses that gave Testimony to the Thesis that the late Engagment was contrary destructive to the Covenant will also give Testimony to the Appendix that complyance with any who have been active in that Engagment is most sinful unlawful I am not able to express all the evils of that complyance they are so many But above all that which would highten this sin even to the Heavens is that it were not only a horrid backsliding but a backsliding into that very sin vvhich vvas specially pointed at punished by the prevailency of the Malignant party God justly making them thorns scourges vvho were taken in as friends Alas shall we split twice upon the same rock yea run upon it when God hath set a beacon on it yea I may say shall we thus out face out dare the Almighty by protecting His our Enemies by making peace friendship with them when the anger of the Lord is burning against them I musâ— here apply to our present condition the words of Ezrah 9. 14 O happy Scotland if thow canst now improve not abuse this Golden opportunity but if thou help the ungodly love them that hate the Lord wrath upon wrath and wo upon wo shall be
vindicate these precious Interests from his usurpings into a state of Liberty And shall we imagine that that very Oath of God did lay upon them or us an obligation to defend the person who is a destroyer of all these contrary to the very nature of the Oath contrare to the scope of the Covenanters and contrary to their subsequent practise But then it will be urged why then was that clause cast into the Covenant I answer we have not the same cause to keep it as they had some cause to put it in with accommodation to the present possessor of the Soveraignity The ouning of it in our circumstances would be as great a reproach to us as the want of it was to them in theirs They put in the words to prevent the worlds mistake and to remove that odium industriously heaped upon the heads of those whose hearts were associate in the defence of Religion Liberty therefore they would profess they would not be disloyal while he was for God. And a defiance may be given to clamour calumnie it self to give one instance of the defect of performance hereof while he went not about to ruine those things incomparably more precious then his person or Authority and in ruining whereof no person can retain Authority IV. But now two things will chiefly be desiderated which now we oune in our Testimony for which many have dyed that seem not to be confirmed by or consistent with the Testimony of this Period One is that we not only maintain defensive resistance but in some cases vindictive punitive force to be executed upon men that are bloody beasts of prey and burdens to the earth in cases of necessity when there is no living for them This principle of Reason natural Justice was not much inquired into in this time when the sun was up whose warmth light made these beasts creep into their dens and when they being brought under subjection could not force people into such extraordinary violent courses when the ordinary orderly course of Law was running in its right Channel Yet from the ground of their ordinary Procedure Military Civil against such Monsters we may gather the lawfullness of an ordinary Procedure in a pinch of necessity conforme to their grounds I hope to make this evident when I come ex proposito to vincicate this head But there is another thing that we onne which seems not to have been known in these dayes viz. That when we are required to oune the Authority of the present Dominator we hold sinful to oune it Yet we find these Reverend renouned Fathers ouned King Charles I. and did not refuse the succession of Charles II. I shall answer in order First as to King Charles the first there was a great difference betuixt him and his sons that succeeded he never declared Parliamentarely that neither Promises Contracts nor Oaths should bind him as the first of his perfidious sons did It might have been then presumed if he had engaged so far for promoving the Work of God he would have been a man of his word for to say a King of his word is antiquitate in a good sense except that it means he is as absolute in his word as in his sword and scorns to be a slave to it Neither professed he himself a Papist as the second Son hath done Again it must be granted that more might have been comported with in the begining when there were some hopes of redress than after such process of time whereby now we see feel beyond all debate that the Throne stands and is stated not only in opposition to but upon the ruines of the Rights Priviledges both of Religion Liberty But was not the equivalent done by the Church anno 1648. when they refused to concur with that unlawful Engagment for restoring of the King till security be had by Solem Oath under his hand Seal that he shall for himself Successors give his assent to all Acts Bills for enjoining Presbyterial Government and never make opposition to it nor endeavour any change thereof Iulij ult 1648. Sess 21. But it will be said that in their renewing the Covenant that year they did not leave out that Article True thereby they stopped the mouths of their Adversaries And then they were not without hopes but that in his straits he might have proved a Manasseh taken among the thornes And the Covenanters at that time not being clear that he had done that which ipso jure made him no Magistrate chused rather while matters stood so to ingage to maintain him than simply to disoune him which yet our forefathers did upon smaller grounds many times in the hopes of being prevailed with at last But when they saw that this proved ineffectual therefore at the Coronation of the new King they made the Covenanted Interest the sole Basis upon which alone Authority was conferred upon him For the second though they did not refuse the succession of Charles the Second which vvas their blame and our bane of vvhich vve may blush this day yet vve find many things in that Transaction vvhich justifie our disouning of him and condemn the ouning of the present Possessor 1. In that seasonable necessary warning Iulij 27. Sess. 27. vvhereas many vvould have admitted his Maj. to the exercise of his Royal povver upon any termes vvhatsoever The Assembly declares first That a boundless illimited povver is to be acknovvledged in no King nor Magistrate neither is our King to be admitted to the exercise of his povver as long as he refuses to vvalk in the administration of the same according to this rule Secondly that there is a mutual stipulation obligation betvveen the King the people as both of them are tyed to God so each of them are tyed to one another for the performance of mutual reciprocal duties accordingly Kings are to take the Oath of Coronation to abolish Popery maintain the Protestant Religion As long therefore as the King refuses to engage oblige himself for security of Religion safety of his people it is consonant to Scripture Reason and Lavves of the Kingdom that he should be refused Thirdly in the League Covenant the duty of defending preserving the King is subordinate to the duty of preserving Religion Liberty And therefore he standing in opposition to the publick desires of the people for their security it vvere a manifest breach of Covenant and a preferring the Kings Interest to the Interest of Jesus Christ to bring him to the exercise of his povver Fourthly That it vvas for restraint of Arbitrary Government and for their Just defence against Tyranny that the Lords people did join in Covenant and have been at the expence of so much blood these years past And if he should be admitted to the Government before satisfaction it vvere to put in his hand that Arbitrary Povver and so to abandon their
Witnesses did gradually ascend to the pitch it is novv arrived at I. These Enemies of God having once got footing again with the favour and the fawnings of the foolish Nation went on fervently to further and promote their wicked design and meeting with no opposition at first did encourage themelves to begin boldly Wherefore hearing of some Ministers peaceably Assembled to draw up a Monitory Letter to the King minding him of his Covenant Engagments promises which was though weak yet the first witness warning against that Heaven-daring wickedness then begun they cruelly incarcerate them Having hereby much daunted the Ministry from their duty in that day for fear of the like unusual outragious usage The Parliament conveens Ianuar. 1. 1661. without so much as a Protestation for Religion Liberty given in to them And there in the first place they frame take the Oath of Supremacy Exauctorating Christ and investing His usurping Enemy with the spoils of his robbed Prerogative acknowledging the King only supreme Governour over all persons in all Causes and that his power Iurisdiction must not be declined Whereby under all persons all Causeâ— All Church Officers in their most properly Ecclesiastick Affairs Concerns of Christ are comprehended And if the King shall take upon him to judge their Doctrine Worship Discipline or Government he must not be declined as an incompetent Judge Which did at once enervate all the Testimony of the 4th Period above declared and laid the foundation for all this Babel they have built since and of all this war that hath been waged against the Son of God and did introduce all this Tyrannie absolute power which hath been since carried to its Complement and made the Kings Throne the foundation of all the succeeding perjurie Apostasie Yet though then our Synods Presbytries were not discharged but might have had access in some Concurrence to witness against this horrid Invasion upon Christs Prerogative and the Churches Priviledge no joint Testimony was given against it except that some were found witnessing against it in their singular Capacity by themselves As faithful Mr Iames Guthrie for declining this usurped Authority in prejudice of the Kingdom of our Lord Jesus suffered death and got the Martyrs Crown upon his head And some others for refusing that Oath arbitrarly imposed were Banished or Confined when they had gained this Bulwark of Christs Kingdom Then they waxed more insolent and set up their Ensigns for signs and broke doun the carved Work of Reformation with axes hammers In this Parliament 1661. They past an Act Rescissorie whereby they annulled declared void the National Covenant the Solemn League Covenant Presbytrial Government and all Lawes made in favours of the Work of Reformation since the year 1633. O horrid wickedness both in its nature so attrocious to condemn rescind what God did so signally seal as His oun Work to the conviction of the world and for which He will rescind the Rescinders and overturn these Overturners of His Work and make the curse of that broken Covenant bind them to the punishment vvhom its bond could not oblige to the duty Covenanted And in its design end so base detestable for nothing but to flatter the King in making way for Prelacy Tyranny Popery and to indulge the licenciousness of some debauched Nobles who could not endure the yoke of Christs Government and to suppress Religion Righteousness under the ruines of that Reformation But O holy astonishing Justice thus to recompense our way upon our own head to suffer this work cause to be ruined under our unhappy hands who suffered this Destroyer to come in before it was so effectually secured as it should not have been in the power of his hand whatever had been in his heart swelled with enmity against Christ to have razed ruined that Work as now most wickedly he did and drew in so many into the guilt of the same deed that almost the whole Land not only consented unto it but applauded it by approving countenancing another wicked Act framed at the same time by that same perfidious Parliament for an Anniversary Thanksgiving commemorating every 29. of May that Blasphemy against the Spirit Work of God and celebrating that unhappy Restauration of the Rescinder of the Reformation which had not only the concurrence of the universality of the Nation But alas for shame that it should be told in Gath c even of some Ministers who afterwards accepted the Indulgence one of which a Pillar among them was seen scandalously dancing about the bonefires And others who should have alarmed the whole Nation quasi pro aris focis to rise for Religion Liberty to resist such wickedness did wink at it O how Righteous is the Lord now in turning our Harps into mourning Though alas we will not suffer our selves to this day to see the shining Righteousness of this Retribution And though we be scourged with Scorpions brayed in a Mortar our madness our folly in these irreligious frolicks is not yet acknowledged let be lamented Yet albeit neither in this day when the Covenant was not only broken but Cassed declared of no obligation nor afterward when it was burnt for which Turks Pagans would have been ashamed afraid at such a terrible sight and for which the Lords Anger is burning against these bold burners and against them who suffered it and did not witness against it was there any publick Testimony by protestation or Remonstrance or an publick witness though the Lord had some then and some who came out afterward with the Trumpet at their mouth whose heart then sorrowed at the sight And some suffered for the sense they shewed of that Anniversary abomination for not keeping which they lost both Church Liberty It s true the ordinary Meetings of Presbytries Synods were about that time discharged to make way for the exercise of the new power conferred on the four Prelats who were at Court reordained Consecrated thereby renouncing their former Title to the Ministry But this could not give a discharge from a Necessary Testimony then called for from faithful Watchmen However the Reformation being thus rescinded razed and the House of the Lord pulled doun then they begin to build their Babel In the Parliament anno 1662. by their first Act they restore reestablish Prelacy upon such a foundation as they might by the same Law bring in Poperie which was then designed and so settled its Harbinger Diocesan Erastiar Prelacy by fuller Enlargment of the Supremacy The very Act beginneth thus For as much as the ordering disposal of the external Government of the Church doth properly belong to his Maj. as an Inherent right of the Croun by virtue of his Royal Prerogative Supremacy in Causes Ecclesiastick what ever shall be determined by his Maj. with advice of the Arch Bishops and such of the
Clergy as he shall nominate in the external Government of the Church the same consisting with the standing Lawes of the Kingdom shall be valide effectual And in the same Act all Lawes are rescinded by which the sole power Jurisdiction within the Church doth stand in the Church Assemblies And all which may be interpreted to have given any Church power Jurisdiction or Government to the Office bearers of the Church other than that which acknowledgeth a dependence upon subordination to the Soveraign power of the King as Supreme By which Prelats are redintegrated to all their priviledges preheminencies that they possessed anno 1637. And all their Church power robbed from the Officers of Christ is made to be derived from to depend upon and to be subordinate to the Croun prerogative of the King whereby the King is made the only fountain of Church power and that exclusive even of Christ of whom there is no mentioned exception And his vassals the Bishops as his Clerks in Ecclesiastiks are accountable to him for all their administrations A greater usurpation upon the Kingdom of Christ than ever the Papacy it self aspired unto Yet albeit here was another display of a banner of defyance against Christ in altering the Church Government of Christs Institution into the humane Invention of Lordly Prelacy in assuming a power by prerogative to dispose of the external Government of the Church and in giving his Creatures patents for this effect to be his Administrators in that usurped Government There was no publick Ministerial at least united Testimony against this neither Therefore the Lord punished this sinful shamful silence of Ministers in His holy Justice though by mens horrid wickedness when by another wicked Act of the Council at Glasgow above 300 Ministers were put from their Charges and afterwards for their Non-conformity in not Countenancing their Diocesan Meeting and not keeping the Anniversary day May 29. The rest were violently thrust from their labours in the Lords vineyard and banished from their Parishes and adjudged unto a nice strange Confinement twenty miles from their oun parishes six miles from a Cathedral Church as they called it and three miles from a Burgh whereby they were reduced in to many inconveniencies Yet in this fatal Convulsion of the Church generally all were struck with blindness baseness that a Paper-Proclamation made them all run from their posts and obey the Kings Orders for their ejection Thus were they given up because of their forbearing to sound an alarm charging the people of God in point of Loyaltie to Christ and under the pain of the Curse of the Covenant to a wake and acquit themselves like men and not to suffer the enemie to rob them of that Treasure of Reformation which they were put in possession of by the tears prayers blood of such as went before them instead of those prudential fumblings fisflings then since so much followed Wherefore the Lord in His holy righteousness left that enemie against whom they should have cried contended and to whose eye they should have held the Curse of the Covenant as having held it first to their oun in case of unfaithful silence in not holding it to his to cast them out of the House of the Lord and dissolve their Assemblies and deprive them of their priviledges because of their not being so valiant for the Truth as that a ful faithful Testimony against that Encroachment might be found upon record Nevertheless somewere found faithful in that hour pour of darkness who kept the Word of the Lords patience and who were therefore kept in from that tentation which carried many away into sad shamful defections though not from suffering hard things from the hands of men only these who felt most of their violence found grace helping them to acquit themselves suitably to that dayes Testimony being thereby prevented from an Active yeelding to their impositions when they were made passively to suffer force However that season of a publick Testimony was lost and as to the most part never recovered to this day The Prelats being settled readmitted to voice in Parliament they procure an Act Dogmatically condemning several Material parts points of our Covenanted Reformation to wit these positions That it was lawful for Subjects for Reformation or necessary self defence to enter into leagues or take up Armes against the King And particularly declaring that the national Covenant as explained in the year 1638. and the Solemn league Covenant were are iâ— themselves unlawful Oaths and were taken by imposed upon the subjects of this Kingdom against the fundamental Lawes Liberties thereof That all such gatherings petitions that were used in the begining of the late troubles were unlawful seditious And whereas then People were led unto these things by having disseminated among them such principles as these That it was lawful to come with petitions Representations of grievances to the King That it was lawful for people to restrict their Allegiance under such such limitations and suspend it untill he should give security for Religion c. It was therefore enacted that all such positions practices founded thereupon were treasonable And furder did enact that no person by writing praying preaching or malicious or advised speaking express or publish any words or sentences to stir up the people to the dislike of the Kings prerogative Supremacy or of the Government of the Church by Bishops or justifie any of the deeds actings or things declared against by that Act. Yet not withstanding of all this subversion of Religion Liberty and restraint of asserting these Truths here trampled upon either before men by Testimony or before God in mourning over these Indignities done unto Him in everting these all the parts of Reformation even when it came to Daniels case of confession preaching praying Truths interdicted by Lavv fevv had their eyes open let be their vvindovvs in an open avouching them to see the duty of the day calling for a Testimony Though aftervvards the Lord Spirited some to assert demonstrate the Glory of these Truths duties to the vvorld As that Judicious Author of the Apologetical Relation vvhose Labours need no Elagium to commend them But this is not all for these men having novv as they thought subverted the Work of God they provided also against the fears of its revival making Acts declaring that if the outed Ministers dare to continue to preach and presume to exercise their Ministrie they should be punished as seditious persons requiring of all a due acknowledgment of hearty complyance with the Kings Government Ecclesiastical Civil And that who soever shall ordinarly wilfully withdraw absent from the ordinary Meetings for Divine Worship in their ouâ— Churches on the Lords day shall incur the Penalties there insert Thus the sometimes Chast Virgin whose name was Beulah to the Lord the Reformed Church
Church but in a way of Dependence upon subordination to Christ as King who ascending far above Principalities Powers appointed gave the Gifts of the Ministry Eph. 4. 8. 11. and set them in the Church 1. Cor. 12. 28. and gave them commission to go teach the Nations by virtue of that all Power that was given to Him in Heaven Earth Math. 28. 18 19. If then they take a new holding close with a new Conveyance of the Ministrie and of the Power to exercise the same from a new Architectonick usurped Power in the Church encroaching on Christs Royal prerogative we dare not Homologat such an affront to Christ as to give them the respect of His Ambassadours when they become the servants of men and subject even in Ministerial functions to another Head then Christ for then they are the Ministers of men by men and not by Jesus Christ and God the Father who raised Him from the dead because they do not hold the Head Col. 2. 19. Hence those that receive derive their Church-Power from and are subordinate in its exercise to another Head then Christ Jesus should not be received and subjected to as the Ministers of Christ in His Church But the Prelats their curats do receive derive their Church Power from are subordinate in its exercise to another Head then Christ Therefore they should not be received c. The first Proposition cannot be denyed The Second is proved thus Those officers in the Church Professing themselves such that derive their Church-Power from are subordinate in its exercise to a Power truly Architectonick Supreme in the Church to wit the Magistrate beside Christ Do derive their Power from are subordinate in its exercise to another Head than Christ Jesus But so it is that Prelats their Curats do derive c. Ergo The Major is evident for whosoever hath a Supreme Architectonick Power in over the Church must be a Head to the same and the fountain of all Church Power The Minor is also clear from the foregoing Historical Deduction manifesting the Present Prelacy to be Gross Erastianisme for the disposal of the Government of the Church is declared by Law to be the Croun right and an inherent perpetual Prerogative and thereupon the Bishops are restored to the Episcopal function And it is expressly Declared that there is no Church Power in the Church-office bearers but what depends upon is subordinate unto the Supremacy and authorized by the Bishops who are declared accountable to the King for the Administration By virtue of which Ecclesiastick Supremacy He put excomunication spiritual Censures consequently the Power of the Keyes into the hands of Persons meerly Civil in the Act for the High Commission Hence it is clear that as the fountain of all Church Government he imparts his Authority to such as he pleases and the Bishops are nothing else but his Commissioners in the exercise of that Ecclesiastick power which is originally in Himself and that the Curats are only His under Clerks All the stress will lie in proving that this Monster of a Supremacy from which the Prelats their Curats have all their Authority is a Great Encroachment on the Glory of Christ as King which will appear if we briefly consider these Particulars 1. It usurps upon Christs Prerogative who only hath all undoubted right to this Architectonick Magisterial Dominion over the Church His oun Mediatory Kingdom not only an Essential right by His Eternal Godhead being the Everlasting Father whose goings forth hath been of old from Everlasting Isa. 9. 6. Mic. 5. 2. in recognizance of which we oune but one God the Father and one Lord by whom are all things we by Him 1. Cor. 8. 6. But also a Covenant-right by Compact with the Father to bear the Glory rule upon His Throne by virtue of the Counsel of Peace between them both Zech. 6. 13. A Donative right by the Fathers Delegation by which He hath all power given in Heaven in Earth Math. 28. 18. and all things given unto His hand Iohn 3. 35. and all judgment Authority to execute it even because He is the Son of man Iohn 5. 22 27. and to be Head over all things to the Church Eph. 1. 22. An Institute right by the Fathers inaugaration who hath set Him as King in Zion Psal. 2. 6. and appointed Him Governour that shall rule His people Israel Math. 2. 6. An Acquisite right by His oun purchase by which He hath merited obtained not only subjects to Govern but the Glory of the Sole Soveraignty over them in that relation A name above every name Phil. 2. 9. which is that He is the Head of the Church which is as much His Peculiar Prerogative as to be Saviour of the body Eph. 5. 23. A Bellical right by Conquest making the people fall under Him Psal. 45. 4. and be willing in the Day of His power Psal. 110. 3. and overcoming those that make war with Him Rev. 17. 14. An Hereditary right by Proximity of blood Primogeniture being the first born higher then the Kings of the Earth Psal. 89. 27. and the first born from the dead that in all things He might have the preeminence Col. 1. 18. An Elective right by His peoples choise surrender having a Croun wherewith His Mother Crouned Him in the day of His Espousals Cant 3. ult By all which undoubted Titles It is His Sole incommunicable Prerogative without a Copartner or Competitor Coordinate or subordinate to be Iudge only Lawgiver King in Spirituals Isa. 33. 22. to be that one Lawgiver Iam. 4. 12. who only can give the power of the keyes to His officers which Comprehends all the power they have Math. 16. 19. to be that one Master over all Church officers who are but brethren Math. 23. 8 10. in whose Name only they must perform all Church Acts and all Parts of their Ministry and not in the Name of any Mortal Math. 28. 18. 19. Math. 18. 20. from whom only they receive what ever they have to deliver to the Church 1. Cor. 11. 23. To be the only Instituter of His Officers who hath set them in the Church 1. Cor. 12. 28. and gave them to the Church Eph. 4. 11. whose Ambassadours only they are 2. Cor. 5. 20. from whom they have authority for edification of the Church 2 Cor. 10. 8. 2 Cor. 13. 10. in whose Name only they are to assemble and keep fence their Courts both the least Math. 18. 20. and the Greatest Act. 15. But now all this is usurped by one who is not so much as a Church member let be a Church Officer as such for the Magistrate is neither as he is a Magistrate otherwise all Magistrats would be Church members Hence they that have all their power from a meer usurper on Christs Prerogative who is neither member nor officer of the Church have none
their Curats have entered into officiate fixedly in this Church without her Authority Consent Ergo The Major is manifest for if this Church have a just right power of Electing Calling of Ministers then they who enter into officiate fixedly in this Church without her Authority Consent have no just Authority or right so to do But this Church hath a just right power of Electing Calling of Ministers as all true Churches have And if it were not evident from what is said above might be easily demonstrated from Scripture The minor to wit that the Prelats their Curats have entered into officiate fixedly in this Church without her Authority consent is evident from matter of fact for there was no Church Judicatory called or convocated for bringing of Prelats in to this Church but on the contrary her Judicatories were all cashiered discharged and all her officers turned out to let them in And all was done immediatly by the King Acts of Parliament without the Church A practice wanting a Precedent in this and for any thing we know in all other Churches All that the Curats can say is that they came in by the Bishop Patron who are not the Church nor have any power from her for what they do all their right power is founded upon derived from the Supremacy whereby the Diocesan Erastian Prelat is made the Kings Delegate substitute only impowered thereto by his Law. This is Mr Smiths 1 st 6 Argum. If we suppose a particular Congregation acknowledging their oun Lawful Pastor and a few violent Persons arise and bring in a Minister by plain force and cast out their Lawful Pastor Are not the faithful in that Church obliged to relinquish the Intruder and not only Discountenance him but endeavour his ejection This is our case Napth Pag. 106. § 5. Prior Edit 2. If we cannot submit to these Curats without consenting to the great Encroachments made upon the Priviledges of this Church then we cannot submit to them without sin But we cannot submit to them without consenting to the great Encroachments made upon the Priviledges of this Church Therefore we cannot submit to them without sin The Minor is all the question but instances will make it out As first The robbing of the Church of the Priviledge of Election of her Pastors and substituting the bondage of Patrons presentations is a great Encroachment upon the Priviledge of this Church But accepting of Curats as Ministers Lawfully called notwithstanding that they want the Election of the people and have nothing for their warrant but a presentation from the Patron were a Consenting to that Robberie and wicked Substitution It will be of no force to say our forefathers did submit to this and to a Ministry who had no other Call. This is answered above in the Narrative It s a poor Consequence to say the posterity may return backward because their forefathers could not advance further forward Secondly the thrusting out of Lawfull Ministers without any Cause but their adhering to the Covenanted work of Reformation and the thrusting in others in their rooms who denyed the same is a great Encroachment on the Churches Priviledges But embracing encouraging Curats by countenancing their pretended Ministry were a consenting to this violent extrusion intrusion The minor is proven thus They who leave the extruded countenance the Intruded they consent to the extrusion intrusion and declare they confess the Intruded his right is better than his who is extruded But they who embrace encourage Curats by countenancing their pretended Ministry do leave the extruded to wit their old Ministers and countenance the intruded Ergo To say that people in this case should protest against these Encroachments is frivolous for withdrawing is the best protestation And if after their protestation they still countenance the Encroachment they should undo their oun protestation The same Argument will militate against countenancing the Indulged or any that obtained Authority to Preach in any place by a power encroaching on the Churches Liberties There is an objection to be removed here from Math. 23. 2 3. The Scribes Pharisees sit in Moses Chair therefore whatever they bid yow observe that observe do therefore they who without a title usurpe the office may be heard Ans. 1. The case is no wayes alike for then the Lord had no other Church in the world but that which was confined in its Solemnities of worship to that place where they intruded themselves He had not yet instituted the New Testament forme of Administration in its ordinances Officers Therefore the Head of the Church being present might give a Toleration Durante beneplacito But it is not so now But 2. Our Lords words bears no command for the people to hear them at all but only not to reject sound Doctrine because it came from them Surely he would not bid them hear such as He calls Plants that His Father had never planted whom He bids let alone Math. 15. 13 14. and who were Thieves Robbers whom His Sheep should not hear V. They must not only be Ministers acknowledged as such then and there when where we joine with them but they must be such as we can oune Church Communion with in the Ordinances administrated by them as to the matter of them Otherwise if they pervert corrupt their Ministrie by preaching maintaining errors either in Doctrine Worship Discipline or Government contrare to the Scriptures our Confessions principles of our Covenanted Reformation and contradictory to our Testimony founded thereupon aggreable thereunto maintaining errors condemned thereby or condemning Truths maintained thereby we must withdraw from them For if any seek to turn us away from the Lord our God we most put away that evil not consent nor hearken to them Deut. 13. 5 8. We must cease to hear the instruction that causeth to erre from the words of knowledge Prov. 19. 27. we must have a care of these Leaders that will cause us to erre lest we be destroyed with them Isa. 9. 16. we must mark these who contradict the Doctrine that we have Learned avoid them Rom. 16. 17. If any man teach otherwise we must withdraw our selves from such 1 Tim. 6. 3 5. If there come any bring not this Doctrine we must not receive him nor bid him God speed in that work of his preaching or practising against any of the Truths we have received from the word 2 Iohn 10 11. Hence we most not hear false Teachers who in preaching prayer bring forth false Doctrine contrary to the principles of our Reformation But the Curats are false Teachers who in preaching prayer bring forth salse Doctrine c. Therefore we must not hear them The Minor is certain in that not only many of them are tainted with points of Poperie Arâ—inianisme but all of them do teach false Doctrine
I ans 1. I acknowledge the distinction as to Magistrats is very pertinent for it is well said by the Congregation in a Letter to the Nobility Knox Hist. of Scot. lib. 2. That there is a great difference betwixt the Authority which is Gods ordinance and the persons of these who are placed in Authority the Authority ordinance of God can never do wrong for it commandeth that vice be punished virtue maintained But the Corrupt Person placed in this Authority may offend Its certain higher Powers are not to be resisted but some persons in Power may be resisted The Powers are ordained of God but Kings commanding unjust things are not ordained of God to do such things But to apply this to Tyâ—ants I do not understand Magistrats in some Acts may be guilty of Tyranny and yet retain the Power of Magistracy but Tyrants cannot be capable of Magistracy nor any one of the Scripture Characters of Righteous Rulers They cannot retain that which they have forefeited and which they have overturned And Usurpers cannot retain that which they never had They may act enact some things materially just but they are not formally such as can make them Magistrats no more then some unjust actions can make a Magistrate a Tyrant A Murderer saying the â—ife of one killing another does not make him no Murderer Once a Murderer ay a Murderer once a Robber ay a Robber till he restore what he hath robbed So once a Tyrant ay a Tyrant till he make amends for his Tyranny and that will be hard to do 2. The Concrete does specificate the Abstract in actuating it as a Magistrate in his exercising Government makes his Power to be Magistracy a Robber in his robbing makes his Power to be Roberie an Usurper in his usurping makes his Power to be Usurpation So a Tyrant in his Tyrannizing can have no Power but Tyranny As the Abstract of a Magistrate is nothing but Magistracy So the Abstract of a Tyrant is nothing but Tyranny It s frivolous then to distinguish between a Tyrannical power in the Concrete Tyranny in the Abstract the power the abuse of the power for he hath no power as a Tyrant but what is abused 3. They that objects thus must either mean that power in its general Notion is ordained of God but this particular Power abâ—sed by Tyrants and assumed by Usurpers is not ordained Or they must mean that the very Power of Tyrants Usurpers is ordained of God but the way of holding using it is not of God. If the first be said they grant all I plead for for thô the Power in general be ordained yet what is this to Tyrants Usurpers would not this Claim be ridiculous for any man to say God hath ordained Governments to be therefore I will challenge it God hath ordained Marriage therefore any may cohabit together as man wife without formal Matrimony If the Second be alledged that the Power of these prevailing Dominators is ordained but not their holding using of it This is Non-sense for how can a Power be ordained and the use of it be unlawful For the abuse use of Tyrannical Power is all one and reciprocal an Usurper cannot use his Power but by Usurpation Again is it not plain that the Abstract the Concrete the act or habit and the subject wherein it is cannot have a contrary Denomination if Drunkenness and Thieft Lying or Murder be of the Devil then the Drunkard the Thief the Lyar the Murderer are of the Devil too So if Tyranny and Usurpation or the use or abuse of Tyrants Usurpers be of the Devil Then must the Tyrants Usurpers also be of him None can say the one is of the Devil and the other of God. Wherefore it is altogether impertinent to use such a Distinction with application to Tyrants or Usurpers as many do in their pleading for the ouning of our Oppressors for they have no power but what is the abuse of power 3. As that Authority which is Gods Ordinance must have His Institution So it must have His divine Constitution from Himself and by the people Wherever then there is Authority to be ouned of men there must be these tuo Constitution from God and Constitution from the people For the first God hath a special Interest in the Constitution of Authority both Immediatly Mediatly Immediatly He declares such such formes of Government to be Lawful Eligible and does order whom who and how people shall erect Governours And so He confers Royal Graces Enduements Gifts for Government on them as on Ioshua Saul So they become the Lords Anointed placed set on the Throne of the Lord 1 Chron. 29. 23. and honoured with Majestie as His deputies vicegerents having their Croun set on by God Psal. 21. 3. But in regard now He doth not by any special Revelation determine who shall be the Governours in this or that place Therefore He makes this Constitution by mediation of men giving them Rules how they shall proceed in setting them up And seeing by the Law of Nature He hath enjoined Government to be but hath ordered no particular in it with application to singulars He hath committed it to the positive transaction of men to be disposed according to certain General Rules of Justice And it must needs be so for 1. without this Constitution either all or none would be Magistrats if He hath ordained Civil Power to be and taken no order in whom it shall be or how it shall be conveyed any might pretend to it and yet none would have a right to it more than another If then He â—ath affixed it to a peculiar having holding by virtue whereof this man is enstated entitled to the office and not that man there must be a Law for Constituting him in Authority which will discover in whom it is 2. If it were not so then a resisting of a particular Magistrate would not be a resisting of the ordinance of God if a particular Magistrate were not Constitute of God as well as Magistracy is Institute of God for still it would be undetermined who were the Power and so it would be left as free Lawful for the resister to take the place as for the resisted to hold it the institution would be satisfied if any possessed iâ— therefore there must be Constitution to determine it 3. No Common Law of Nature can be put into practice without particular Constitution regulating it That Wives Children oune their superior relations is the Law of Nature but there must be such a relation first fixed by humane transaction before they can oune them there must be Marriage Authorized of God there must be Children begotten and then the Divine Ordination of these relative duties take place So the Judges of Israel for 450 years were given of God Act. 13. 20. not all by an immediate express designation but a mediate
if he do so so the subjects shall be loosed from all bonds of obedience then when he does so he becomes a meer private person Grotius there supposes the power is transferred upon a resolutive condition that is if he transgress the condition the power shall be resolved into its first fountain much more if it be transferred expressly also upon a suspensive condition that he shall continue to maintain the ends of the Covenant defend Religion the Liberties of the Subjects in the defence whereof we shall oune Allegiance to him otherwise not in that case if he do not maintain these ends plain it is our obligation ceases for how can it stand upon a conditional obligation when his performance of the condition sists But whatever be the conditions Mutual it flowes Natively from the Nature of a Mutual compact that qui non praestat officium promissum cadit beneficio hac lege dato he who doth not perform the conditions aggreed upon hath no right to the benefite granted upon condition of performance of these conditions especially if he performe not or violate these conditions upon supposition whereof he would not have gotten the benefite It were very absurd to say in a Mutual conditional compact one party shall still be bound to perform his conditions though the other perform none but break all Were it the act of rational Creatures to set up a Soveraign upon conditions he shall not play the Tyrant and yet be bound to him thô he Tyrannize never so much We have the Nature of Mutual compacts in the Spies Covenant with Rahab Iosh. 2. 20. If thow utter this our business then we will be quite of thine Oath which thow hast made us to swear if she should break condition then the obligation of the Oath on their part should cease But next all the stress will ly in proving that the Covenant on such such conditions between a Prince Subjects doth equally mutually oblige both to each other for if it equally oblige both then both are equally disengaged from other by the breach on either side and either of them may have a just claim in Law against the other for breach of the conditions But Royalists Court-slaves alledge that such a Covenant obliges the King to God but not to the people at all so that he is no more accountable to them than if he had made none at all But the contrare is evident For 1 If the compact be Mutual and if it be infringed on one side it must be so in the other also for in contracts the parties are considered as equalls whatever inequality there may be betwixt them otherwise I speak of contracts among men 2 If it be not so there is no Covenant made with the people at all And so David did no more Covenant with Israel than with the Chaldeans for to all with whom the Covenant is made it obliges to them Otherwise it must be said he only made the Covenant with God contrary to the Text for he made it only before the Lord as a Witness not with Him as a party Ioashs Covenant with the Lord is expresly distinguished from that with the people 3 If it be not so it were altogether non-sense to say there were any Covenant made with the King on the other hand for he is supposed to be made King on such such terms and yet by this after he is made King he is no more obliged unto them than if there had been no compact with him at all 4 If he be bound as King and not only as a man or Christian then he is bound with respect to the people for with respect to them he is only King But he is bound as King and not only as a man or Christian because it is only with him as King that the people Covenant and he must transact with them under the same consideration Next that which he is obliged to is the specifical act of a King to defend Religion Liberty Rule in Righteousness And therefore his Covenant binds him as King. Again if he be not bound as King then as a King he is under no obligation of Law or Oath which is to make him a Lawless Tyrant yea none of Gods subjects It would also suppose that the King as King could not sin against the people at all but only against God for as King he could be under no obligation of duty to the people and where there is no obligation there is no sin by this he would be set above all obligations to love his neighbour as himself for he is above all his neighbours and all mankind and only less than God and so by this doctrine he is loosed from all duties of the Second Table or at least he is not so much obliged to them as others But against this it is Objected both Prince people are obliged to performe their part to each other and both are obliged to God but both are not accountable to each other there is not mutual power in the parties to compell one another to performe the promised duty the King hath it indeed over the people but not the people over the King and there is no indifferent Judge Superior to both to compell both but God. Ans. 1. What if all this should be granted yet it doth not infringe the proposition what if the people have not power to compell him yet Iure he may fall from his Soveraignity though de facto he is not deposed he loses his right to our part when he breaks his part 2. There is no need of a Superior Arbiter for as in contracting they are considered as equal so the party keeping the contract is Superior to the other breaking it 3. There may be Mutual Coactive Power where there is no Mutual relation of Superiority Inferiority yea in some cases Inferiours may have a Coactive Power by Law to compell their Superiours failing in their duty to them As a Son wronged by his Father may compel him to reparation by Law And independent Kingdoms nothing inferior to each other being in Covenant together the wronged may have a Coactive power to force the other to duty without any Superior Arbiter 4. The bond of suretyship brings a man under the obligation to be accountable to the Creditor though the surety were never so high and the Creditor never so low Solomon sayes in General without exception of Kings yea including them because he was a King that spake it Prov. 6. 1 2. My son if thow be Surety for thy friend thow art snared with the words of thy Mouth Now a Kings power is but fiduciary And therefore he cannot be unaccountable for the power concredited to him And if the Generation had minded this our Stewarts should have been called to an account for their Stewardship ere now Hence I argue If a Covenanted Prince breaking all the Conditions of his compact doth forfeit his right to the Subjects Allegiance
knaves or fools as all Tyrants are alwayes The Law of the King is Deut 17. 15. he must be one of the Lords choosing Can Tyrants Usurpers be such No they are set up but not by Him Hos. 8. 4. he must be a brother not a stranger that is of the same Nation and of the same Religion for though infidelity does not make void a Magistrates Authority yet both by the Law of God man he ought not to be chosen who is an enemy to Religion Liberty Now it were almost treason to call the Tyrant a brother and I am sure it is no reason for he disdains it being absolute above all That good Kings Testament confirms this the God of Israel said the Rock of Israel spake he that ruleth over men must be just ruling in the fear of God 2 Sam. 23. 3. But Tyrants Usurpers cannot be just for if they should render every one their right they would keep none to themselves but behoved to resign their Robberies in the first place and then also they must give the Law its course and that against themselves These Scriptures indeed do not prove that all Magistrates are in all their Administrations so qualified nor that none ought to be ouned but such as are so qualified in all respects But as they demonstrate what they ought to be so they prove that they cannot be Magistrates of Gods ordaining who have none of these qualifications But Tyrants Usurpers have none of these qualifications Much more do they prove that they cannot be ouned to be Magistrats who are not capable of any of these qualifications But Usurpers are not capable of any of these qualifications At least they conclude in so far as they are not so qualfied they ought not to be ouned but disouned But Tyrants Usurpers are not so qualified in any thing therefore in any thing they are not to be ouned but disouned for in nothing they are so qualified as the Lord prescribes Secondly I shall offer some reasons from Scripture Assertions 1. It is strongly Asserted in Elihu's speech to Iob that he that hateth right should not govern Where he is charging Iob with blasphemie in accusing God of injustice of which he vindicates the Almighty in Asserting His Soveraignity Absolute Dominion which is inconsistent with injustice and shewes both that if He be Soveraign He cannot be unjust and if He be unjust He could not be Soveraign which were horrid Blasphemy to deny And in the demonstration of this he gives one Maxime in a question which is equivalent to an universal negative Iob. 34. 17 18. Shall even he that hateth right govern and wilt thow condemn him that is most just Is it fit to say to a King thow art wicked and to Princes ye are ungodly In which Words the Scope makes it clear that if Iob made God a hater of right he should then deny His Government and if he took upon him to condemn Him of injustice he should blasphemously deny Him to be King of the World. For it is not fit to say to any King that he is wicked or so ungodly as to be a hater of right for that were treason Lese-Majestie and in effect a denying him to be King much less is it fit to say to Him that is King of Kings Here then it is affirmed supposed to hold good of all Governours that he that hateth right should not govern or bind as it is in the Margent for â—abash signifies both to bind and to Govern but all to one sense for Governours only can bind subjects Authoritatively with the bonds of Laws Punishments I know the following Words are alledged to favour the incontroulableness absoluteness of Princes that it is not fit to say to them they are wicked But plain it is the words do import treason against Lawful Kings whom to call haters of right were to call their Kingship in question as the Scope shewes in that these words are adduced to Justify the Soveraignity of God by His Justice and to confute any indirect charging Him with injustice because that would derogate from His Kingly Glory it being impossible He could be King unjust too So in some Analogy though every act of injustice do not unking a Prince yet to call him wicked that is habitually unjust and a hater of Justice were as much as to say he is no King which were intollerable treason against Lawful Kings But this is no treason against Tyrants for Truth Law can be no treason now this is the language of Truth Law that wicked Kings are wicked And they that are wicked ungodly ought to be called so as Samuel called Saul and Elijah Ahab c. However it will hold to be a true Maxime whether we express it by way of Negation or Interrogation Shall even he that hateth right Govern But are not Tyrants Usurpers haters of right shall therefore they Govern I think it must be answered they should not Govern. If then they should not Govern I infer they should not be ouned as Governours For if it be their sin to Govern right or wrong it s all one case for they should not Govern at all then it is our sin to oune them in their Government for it is alwise a sin to oune a man in his sinning 2. The Royal Prophet or whoever was the Penman of that Appeal for Justice against Tyranny Psal. 94. 20. does tacitely Assert the same truth in that Expostulation shall the Throne of iniquity have fellowship with thee that frameth mischief by a Law which is as much as if he had said the Throne of iniquity shall not no cannot have fellowship with God that is it cannot be the Throne of God that He hath any Interest in or Concern with by way of approbation He hath nothing to do with it except it be to suffer it a while till He take vengeance on it in the end And shall we have fellowship with that Throne that God hath no fellowship with and that is not His Throne but the Devils as it must be if God doth not oune it Much may be argued from hence but in a word A Throne which is not of God nor ordained of God but rather of the Devil cannot be ouned for that is the reason of our subjection to any power because it is of God and ordained of God Rom. 13. 1. And that is the great dignity of Magistracy that its Throne is the Throne of God 1 Chron. 29. 23. But a Throne of Tyrannie usurpation is a Throne which is not of God nor ordained of God but rather of the Devil Ergo the Minor is proved A Throne of iniquity c. is a Throne which is not of God nor ordained of God but rather of the Devil But a Throne of Tyranny usurpation is a Throne of iniquity Ergo it is not of God so not to be ouned 3. The Lord charges it upon Israel as
Puritans in Queen Elizabeths dayesâ— whether it obliges to a King in Idea and in a more general consideration as one who is said never to die Or with reference to such an one as we have a mortaâ— man and an immortal enemy to all those precious Interests for preservation of which he only received his Kingship Whether it must be taken in that of the Imposers practically explained by their administrations or in any other sense alledged more Legal These would be clear before it can be taken with the due qualifications of an Oath 3. As for the Civil part of it or Ecclesiastical no other explanation needeth to be inquired after than what they give forth in their Acts on record The Act of Supremacy to be seen in the Historical Representation of the Sixth last Period pag. 111. senses the Ecclesiastical part of it And the Act for acknowledgment of his Majesties prerogative does sufficiently sense explain expound the Civil part Declaring That it is inherent in the Crown and an undoubted part of the Royal prerogative to have the sole choise appointment of all Officers of State the power of calling holding dissolving Parliaments and all Conventions Meetings of Estates the power of Armies making of peace war treaties leagues with forreign Princes or States or at home by the subjects among themselves and that it is high treason in the subjects upon whatsoever ground to rise in Armes or make any treaties or leagues among themselves without his Maj. Authority first interponed thereto That it is unlawful to the subjects of whatsoever quality or function to convocate themselves for holding of Councils to treat consult or determine in any matters Civil or Ecclesiastick except in the ordinary Judgements or make leagues or bonds upon whatsoever colour or pretence without his Maj. special consent That the league Covenant and all treaties following thereupon and acts or deeds that do or may relate thereunto are not obligatory and that none should presume upon any pretext of any Authority whatsoever to require the renewing or swearing of the said league Covenant c. Whereby it appears that all this screwing up the prerogative to such a pitch is by the Oath of Allegiance to defend all this jurisdiction justified and so these palpable encroachments on the priviledges of the Scots Parliaments that by the fundamental Constitutions of the Government alwayes had a share in making Laws and Peace War These robberies of our Natural priviledges of defending our selves by Armes in case of the Kings Tyranny oppression and of Convocating for Consultations about the best means thereof And these Invasions upon our Ecclesiastical priviledges in keeping General Assemblies for the affairs of Religion Prorenata alwayes strenously contended for as a part of the Testimony yea all these rescindings repealings and condemnings of the Way Manner Methods Measures of promoting the Covenanted Reformation are by this Oath explained by this Act acknowledged to be parts of that supremacy Jurisdiction to be defended maintained As like wise by many wicked Acts since promulgated which promote the Supremacy to a vast degree of Absoluteness which all do interpret what that Supremacy is which is sworn to be maintained to wit pure Tyranny established by Law. See the many grievous Consequences of this laid out at large in Apol. Relat. Sect. 10. 4. Here is absolute Allegiance sworn to an Absolute power Paramount to all Law engaging to faithful obedience to their Soveraign as Supreme over all Persons and in all causes and to defend assist maintain his said jurisdiction and never to decline his power there is no restriction here on obedience nor Limitation on the power nor definition of the Causes nor circumscription of the cases in which that assistance c. is to be given whether they be Lawful or not Now absolute allegiance to an absolute power cannot be sworn by any man of Conscience nor ouned by any man of reason as is proven Head. 2. Arg. 6. It cannot be Lawful in any sense to swear such an Oath to any Mortal nay not to a David nor Hezekiah because to swear unrestricted unlimited Allegiance to any man were a manifest mancipating of Mankind not only to an Ass-like subjection but to a servile obligation to maintain uphold the Persons Government of mutable men be what they will turn to what they will it is known the best of men may degenerate And by this no remedy is left to redress our selves bâ—t our heads hearts and hands all tied up under an engagment to defend assist maintain whosoever doth hold the Government manage it as he pleases This reason will also conclude against the English Oath of Allegiance though it be a great deal more smoothly worded and seems only to require a rejection of the Pope and legal subjection to the King yet that comprehensive Clause makes it border upon absoluteness I will bear faith true allegiance to his Maj. heirs successors and him and them will defend to the uttermost of my power against all Conspiracies attempts whatsoever There are no Conditions here at all limiting the Allegiance or qualifying the Object but an arbitrary imposition of true Allegiance and defence in all cases against all attempts even that of repressing their Tyranny not excepted not only of their persons but of their Dignities if this be not an illimited Allegiance to an absolute power I know not what it is 5. Here is an acknowledgment of the Ecclesiastical Supremacy resident in the King which is the most blasphemous Usurpation on the prerogatives of Christ and priviledges of His Church that ever the greatest Monster among men durst arrogate yea the Roman beast never claimed more And in effect it is nothing else but one of his Names of Blasphemie twisted out of the Popes hands by K. Henry the Eight and handed doun to Q. Elizabeth and wafted over to Iames the 6 th for that was the Original conveyance of it The iniquity whereof is discovered above Head. 1. Arg. 3. But further may be aggravated in these particulars 1 It is only a change of the Pope but not of the Popedâ—m and nothing else but a shaking off the Ecclesiastical Pope and submitting to a Civil Pope by whom Christs Head-ship is as much wronged as by the other And hereby a door is opened for bringing in Poperie as indeed by this Strategem it is brought now to our very doors for by the Act of Supremacy he hath power to settle all things concerning Doctrine Worship discipline or Government by his Clerks the Bishops having all the Architectonick power of disposing ordering ordaining these as he in his Royal wisdom thinks fit 2 By this Church State are confounded whereof the Distinction is demonstrate above making the Magistrate a proper Competent Judge in Church matters not to be declined wherby also he hath power to erect new Courts Mongrel-Judicatories
adverse party But this distinction will not be a Salvo to the Conscience For the object declared against is either a King or not if he be not then a Declaration of war against him is not to be abjured if he be King then he is either declared against as King qua Rex perse or as an oppressor or an Abuser of his power the first indeed is to be disouned for a King as King or Lawful Magistrate must not be resisted Rom. 13. 2. But the second to declare war against a King as an oppressor and abuser of his power and subverter of the Laws hath been ouned by our Church State many a time and they have opposed declared war as purposedly against him as he did against them and as really formally as he was an oppresâ—or sure he cannot be an oppressor only per accidens nor does he declare war against the subjects only pes accidens However this hath been ouned alwayes by Presbyterians that war may be declared against him who is called King. And therefore to abjure a Declaration in so far as it declares war against the King will condemn not only that Declaration upon the heads wherein its honesty faithfulness chiefly consists but all other most honest honourable Declarations that have been made emitted by our worthy renouned Ancestors and by our Worthies in our oun time who have formally avowedly explicitely or expressly purposedly designedly declared their opposition to Tyranny Tyrants and their Lawful laudable designs to repress depress suppress them by all the wayes means that God Nature and the Laws of Nations allow when they did ipso jure depose exauctorate themselves from all Rule or priviledge or prerogative of Rulers and became no more Gods ministers but Beelzebubs vicegerents and Monsters to be exterminated out of the Society of Mankind The honestest of all our Declarations of defensive war have alwayes run in this strain And others insinuating more preposterous Loayltie have been justly taxed for asserting the Interest of the Tyrant the greatest enemy of the declarers and principal object of the declared war which disingenuous jugling foysting in such flattering falsifying distinctions in the State of the Quarrel hath rationally been thought one of the procuring Causes or Occasions of the discomfiture of our former Appearances for the Work of God Liberties of our Country 3. This must infer an ouning of his Authority as Lawful King when the Declaration disouning him is abjured in so far as it declares war against his Majestie for in this Oath he is styled and asserted to be King and to have the Majestie of a Lawful King and therefore must be ouned as such by all that take it which yet I have proved to be sinful above Head. 2. Against this it hath been quibbled by some that that Declaration does not declare war against the King expresly as King but only against Charles Stewart by them declared to be no King who set forth the Declaration But this will not salve the matter for then 1 It is a subscribing to a lie in abjuring a Declaration in so far as it did declare a thing which it did not if that hold 2 The enemies impose the abjuring disouning of it in so far as it declares war against their King who had none other but Charles Stewart at that time who was the King in their sense and an Oath cannot be taken in any other sense contradictory to the Imposers even though by them allowed without an unjustifiable equivocation 3 Though he had been King and had not committed such acts of Tyranny as might actually denominate him a Tyrant forefeit his Kingship yet to repress his illegal arbitrariness intollerable enormities and to repel his unjust violence and reduce him to good order Subjects at least for their oun defence may declare a war expresly purposedly designedly against their oun acknowledged King This ought not in so far to be disouned For then all our Declarations emitted during the whole time of prosecuting the Reformation in opposition to our King would be disouned And so with one dash unhappily the whole Work of Reformation and the way of carrying it on is hereby tacitely consequentially reflected upon reproached if not disouned 4. It must infer an ouning of the Ecclesiastical Supremacy when it asserts that some do serve the King in Church as well as in State there is no Distinction here but they are said to serve him the same way in both And it is certain they mean so and have expressed so much in their Acts that Church men are as subordinate and the same way subject to the Kings Supremacy as Statsmen are The absurdity blasphemy of which is discovered above 5. This condemns all killing of any that serve the King in Church State Army or Country for a Declaration is abjured in so far as it asserts it Lawful to kill any such And so by this Oath there is an impunity secured for his Idolatrous priests and Murdering varlets that serve him in the Church for his bloody Councellors and Gouned Murderers that serve his Tyrannical designs in the State for his bloody Lictors Executioners the Sword men that serve him in the Army whom he may send when he pleases to murder us and for his bloody Iust-asses Informers Intelligencing Sycophants the Ziphites that serve him in the Country All these must escape bringing to conâ—ign punishment contrary to the 4. Art. of the Solemn League Covenant and shall be confuted Head. 6. Against this it is excepted by the Pleaders for this Oath that it is only a declared abhoring of Murdering principles which no Christian dare refuse And it may be taken in this sense safly that it is to be abjured in so far as it asserts it Lawful to kill all that are to be imployed by his Maj. or any because so imployed in Church State Army or Country Which never any did assert was Law-ful But though Murdering principles are indeed alwayes to be declaredly abhorred and all Refusers of that Oath did both declare so much and abhorred the thoughts of them yet this evasion is naught for 1 The Declaration asserts no such thing neither for that cause nor for any other but expressly makes a distinction between persons under the Epithet of bloody cruel Murderers and these only whom it threateneth to animadvert upon 2 The only reason of their declared intent of prosecuting these whom they threaten to bring to conding punishment was because they were so imployed by the Tyrant in such service as shedding the blood of Innocents Murdering people where they met them And so that 's the very reason for which they deserve to be killed and therefore foolish impertinent and very absurd to be alledged as a qualification of the sense of that impious Oath 5. If we consider the Proclamation enjoining this Oath and narrating and explaining the Occasions
private houses or in the fields because of the opposition of His Doctrine by the Iewish Teachers who had appointed that any who ouned Him should be excommunicate And therefore in the like case at it is now His Servants may imitate their Master for though all Christs Actions are not imitable such as these of His Divine Power and the Actions of His Divine Prerogative as His taking of the ass without the ouners liberty and the Actings oâ— His Mediatory Prerogative which He did as Mediator but all His Gracious Actions and Moral upon Moral grounds and Relative upon the grounds of Relative Duties are not only imitable but the perfect Pattern of imitation Therefore that superstitious ridiculous Cavil that such Meetings in fields or houses are Conventickles gathering separate Congregations is not worth the taking notice of for this would reflect upon Christs and His Apostles wâ—y of preaching and the constant method of propogating the Gospel in times of persecution in all ages â—ince which hath alwayes been by that way which they call keeping of Conventickles It s absurd to say it is a gathering of separate Congregations it is only a searching or seeking after the Lords sheep that are made to wander through all the Mountains and upon every 〈…〉 and 〈…〉 which is scattered by corrupt Sheephâ—â—â— and the cruelty of the beasts of the field Ezek. 34. 5 6. and preaching to all who will come hear the Word of Truth in such places where they may get it done most safely and may be most free from distraction trouble of their enemies who are waiting to find them out that they may hail them to Prisons or kill them 8. As for the Circumstance of the Time that is specially alledged to be unseasonable especially when there is a litle breathing and some relaxation from the heat of Persecution to break the peace and awaken sleeping Dogs by such irritating Courses is thought not consistent with Christian prudence This is the old pretence of them that were at ease and preferred that to duty But as we know no peace at this time but a peace of Confederacy with the enemies of God which we desire not to partake of and know of no relaxation of Persecution against such as continue to witness against them So let what hath been said above in the 3. Hypothesis of the necessâ—ty of publickness in our Meetings at such a time as this is be considered And let the Scripture be consulted and it will appear not only that in preaching the Gospel there must be a Witness Testimony kept up as is proved above and not only that Ministers must preach the Word and be instant in season out of season 2 Tim. 4. 2. But that such a time as this is the very Season of a Testimony For in the Scripture we find that Testimonies are to be given in these Seasons especially 1. When the enemies of God beginning to relent from their stiffness severity would compound with His Witnesses and give them some Liberty but not total as Pharaoh would let the Children of Israel go but stay their flocks And now our Pharaoh will give some Liberty to serve God but with a Reservation of that part of the matter of it that nothing be said to alienate the hearts of the Subjects from his arbitrary Government But Moses thought it then a season to testifie though the bondage of the people should be thereby continued that there should not a hoof be left behind for sayes he we know not with what we must serve the Lord until we câ—me 〈◊〉 Exod. 10. 24 25 26. So must we Testify for eveâ—â— closly the Interest of Christ this day 2. When there to â—lâ—ration of Idolatry and Confederacy with Idolaters and suspending the execution of penal Lawes against them or pardoning of those that should be punished In such a season as this that Messenger that came from Gilgal gave his Testimony at Bochim against their toleration of Idolatrous Altars and Confederacy with the Canaanites Iudg. 2. 1 2. He is called an Angel indeed but he was only such an one as Ministers are who are called so Rev. 2. 1. for Heavenly Spirits have brought a Heavenly Message to particular persons but never to the whole people the Lord hath committed such a treasure to earthen Vessels 2 Cor. 4. 7. and this came from Gilgal not from Heaven So the Man of God testified against Eâ—i for his toleration of wicked Priests thô they were his oun Sons 1 Sam. 2. 2â— c. So Samuel witnessed against Saul for his toleration indemnity granted to Agag 1 Sam. 15. 23. So the Prophet against Ahab for sparing Benhadad 1 King. 20. 42. The Angel of Ephesus is commended for this and he of pergamus and he of Thyatira is condemned for omitting this Testimony and allowing a toleration of the Nicolaitans Iezebel Revel 2. 2 14 20. In such a Case of universal Complyance with these things and the peoples indulging themselves under the shadow of the protection of such a Confederacy the Servants of the Lord that fear Him must not say a Confederacy tho they should be accounted for signs wonders in Israel Isai. 8. 12 13 18. But now Idolatrous Mass-Altars are set up none thrown doun penal Statutes against Papists are stopt disabled and the Generality of Ministers are Congratulating saying a Confederacy in their Addresses for the same 3. When the Universal Apostacy is come to such a hight that error is prevailing and few syding themselves in an avowed opposition against it as Elijah chose that time when the people were halting between two opinions 1 King. 18. 21. And generally all the Prophets Servants of Christ consulted alwayes the peoples necessity for the timing of their Testimonies And was there ever greater necessity than now when Poperie is coming in like a flood 4. 〈…〉 men are chief in power as when Haman was 〈◊〉 Mordecai would not give him one bowe though all 〈◊〉 people of God should be endangered by such a provocation Esther 3. 2. And when Tyrants Usurpers are set up without the Lords approbation then they that have the Lords Trumpet should set it to their mouth Hos. 8. 1 4. Is not this the case now 5. When upon the account of this their Testimony the Lords people are in greatest danger and enemies design to Massacre them then if they altogither hold their peace at such a time there shall enlargment deliverance arise another way but they and their fathers house shall be destroyed who are silent then as Mordecai said to Esther Est 4. 14. And who knowes not the cruel designs of the Papists now 6. When iniquity is Universally abounding and hypocrisie among Professors then the Servants of the Lord must cry aloud not spare Isai. 58. 1. as the â—ase is this day 7. When the Concern of Truth a 〈…〉 Glory of God is not so illustriously vindicated as He gives us to expect
Liberties he giveth us cause enough to resist him with a good conscience The matter standing as it doth we may say they Resist as may be shewed both by Sacred Profane Histories And so they undertooke and stated the war upon the account of Religion Liberty 9. If we but cast an eye over to the Hollanders we will find how much they stand obliged to this practice of Defensive Armes having thereby recovered both Religion Liberty and established themselves into a fiourishing State. We find even in the time of D. de Alva's Persecution they began to defend Haerlem and Valenciennes in Henault and went on till under the conduct of William of Nassaw Prince of Orange they declared the King of Spain to have fallen from the Government of those Countries and so effectually shook off the yoke of Spanish Tyrannie 10. If we go to the French Hugenots we will find many Instances among them and many brave Heroes raised up to maintain the principle and prosecute the practice thereof of older later date The History of the Civil wars of France is stored with their Trophees and the Memories of Condie Coligni will ever be fragrant There were many Resistences there both before since the Parisian Massacre It is sad that the present Protestants there are so far degenerate from the Spirit of their Ancestors 11. The many practices of the Hungarians Resisting the encroachments of the house of Austria prove the same And when Mathias denyed the free exercise of Religion unto the Protestants of Austria they took up Armes in their oun defence and sent a Protestation unto the Estates of Hungarie requiring their Assistence conforme to their League And now this present war there founded upon this plea. 12. The Polonians have often times levied war against their Kings and we are furnished by Clark in his Martyrol with a late Instance of their Resistence against the Soveraign Powers at Lesita in Poland anno 1655. 13. The Danes Swedes have not been wanting for their parts in taking course with their Christierns Kings of that name whom they resisted punished And generally wherever the Reformation was received we find this principle espoused and the practice of it prosecuted Nay there hath been no Nation in the world but it will be found they have either resisted or killed Tyrants 14. The most Deserving Celebrated Monarchs in the world have espoused the quarrel of oppressed Subjects Not only such as Tamerlanc whose observable Saying is noted when he advanced against Bajazet I go sayes he to chastise his Tyrannie and to deliver the afflicted people And Philip Lewis of France who assisted the Barons of England against King Iohn And Charles the Great who upon this ground undertook a war against the Lombards in Italie But even Constantine the Great hath it recorded for his honour that he employed his power force against Lâ—cinius upon no other Motive but because he banished tortur'd destroyed those Christians in his Dominions that would not abandon their Religion And Q. Elizabeth is commended for assisting the Dutch to maintain their Religion by force when they could not enjoy it by favour And King Iames the 6. gave publick aid to the Protestants in Germany Bohemia against the Emperour Against whom also Gustavus Adolphus marched that he might deliver the oppressed Cities from the bondage that Ferdinand had brought them into Yea King Charles the first this mans Father pretended at least to help the Protestants in France at Ree and Rochel And though he himself was avowedly Resisted by the Parliaments of both Ringdoms yet he was forced to Declare in his Acts of Oblivion Pacification The Scots late taking up Armes against him in defence of their Religion Laws Priviledges to be no Treason nor Rebellion See Apol. Relat. Sect. 11. pag. 149. And thô the late Charles the Second condemned all the Risings of the people of Scotland for defence of Religion Liberty and their lives priviledges which his oun Tyrannie forced them into yet he justified the present Revolt of Heathens Mahumetan Subjects from the young King of Bantam in Iava Major in the East Indies who when he got the Government in his hands by his Fathers Resignation killed his subjects and caused them to be killed without any cause which was the reason of their revolt ftom him and defending the Father against the son This defensive war of these Subjects was justied by the said Charles in his sending Amunition c. for their relief These and many moe Instances that might be adduced are sufficient evidences of the Righteousness and Reason of such Resistences when the Greatest of Princes have undertakent he Patrocinie of them III. From Scripture-Proofs I shall but briefly gather some of the many that might be pressed which being put together to me seem impregnable I shall reduce them to these heads 1. I shall aduce some practices of the Lords people frequently reiterated never condemned alwayes approven confirming this Point 2. Some severe Reprehensions for their omission of this duty in the season thereof 3. Some promises both of Spiriting for the duty and of Countenancing it when undertaken 4. Some precepts commanding such Atchievments 5. Some prayers supplicating for them All which put together will make a strong Argument First For practices of this kind there is nothing more common in Scripture Historie 1. I shall begin at the first war that is recorded in the World wherein some loss fell to the Godly at first but afterwards by the virtue valour of their Brethren they were vindicated and the victory recovered with honour Lot his family living in Sodom was taken Prisoner by Chedarlaomer and his Confederates Gen. 14. 12. but Abraham hearing of it armed his trained servants and pursued them to Dan and rescued him vers 14-16 thereby justifying that Rebellion of the Cities of the plain by taking part vindicating the Rebells Hence he that may rescue subjects from the violence of any Tyrannizing Domination by armes may also rise with these subjects to oppose that violence But here is an example of that in Abraham Ergo 2. After the Lords people were possessed of Canaan and forgetting the Lord did enter into affinity with these interdicted Nations some of them were left to prove Israel that the Generations of the Children of Israel might know to teach them war. Iudg. 3. 1 2. And when they did evil in the sight of the Lord He sold them into the hand of Chushan-rishathaim King of Mesopotamia whom they served and were subject to eight years ver 8. but when they cried unto the Lord their Rebellion shaking off that yoke was successful under the Conduct of Othniel ver 10. And after a relapse unto the like defection they became subject to Eglon King of Moab whom they served eighteen years vers 14. but attempting the same remedy by armes under the Conduct of Ehud they recovered their Liberty And after his
eat any food until the evening Ionathan his son tasted but a litle honey and lo he must die Which Saul confirmed with another peremptory Oath God do so to him and more also if he should not die Whereupon the people as resolute on the other hand to save him Resisted the rage of that Ruler and swore as peremptorly that not one hair of his head should fall to the ground So the people rescued Ionathan that he died not 1 Sam. 14. 44 45. Hence If people may Covenant by Oath to Resist the Commands and Rescue a man from a Tyrants Cruelty then it is duty to defend themselves against him The Antecedent is true here 8. Afterwards when the manner of the King presaged by Samuel was verified in Sauls degeneration into many abuses of Government this priviledge of Resistence was not wholly mancipated but maintained by Davids defensive Appearance with his litle Army He took Goliahs sword not for ornament or only to fright Saul but to defend himself with it and was Captain first to four hundred men 1 Sam. 22. 2. had a mind to keep out â—eilah against him with 600 men 1 Sam. 23. 13. and afterwards a great host came to him to Ziklag while he kept himself closs because of Saul the son of Kish 1 Chron. 12. 1. throughout where they left Saul and came helped David against him This is proved at length by Lex Rex quest 32. Pag. 340. 9. The City Abel whither Shebah the Traitor had fled did well to Resist Ioab the Kings General coming to destroy a whole Citie for a Traitors sake and not offering peace to it according to the Law Deut. 20. 10. and defended themselves by Gates Walls not withstanding he had a Commission from the King 2 Sam. 20. And after the Capitulating they are never challenged for Rebellion 10. The ten tribes revolted from the House of David when Rehoboam claimed an Absolute power and would not acquiesce to the peoples just conditions 1 King. 12. 2 Chron. 10. Which is before justified Head. 2. Hence if it be Lawful for a part of the people to shake off the King refuse subjection to him set up a new one when he but resolves to play the Tyrant then it must be duty to resist his violence when he is Tyrannizing But the Antecedent is clear from this Example This is vindicated at more length by Ius Pop. Ch. 3. Pag. 52. 11. The Example of Elisha the Prophet is considerable 2 King. 6. 32. Elisha sat in his house and the Elders with him And the King sent a man before him but ere the Messengers came to him he said to the Elders see how the son of a Murderer hath sent to take away mine head look when the Messenger cometh shut the door and hold him fast at the door is not the sound of his Masters feet behind him Here was violent Resistence resolved against both the man the Master thô the King of the Land for the time And this calling him the son of a Murderer and resisting him is no more extraordinary thô it was an extraordinary mans Act than it is for a plaintiff to lybel a true crime against a wicked person and for an oppressed man to close the door upon a Murderer Lex Rex Quest. 32. Pag. 346. Hence if a King or his Messenger coming to use unjust violence against an innocent Subject be no more to be regarded than a Murderers Emissarie but may be resisted by that innocent Subject Then must a Community of such innocent Subjects defend themselves against a Tyrant or his Emissaries coming against them on such a wicked errand The Antecedent is here clear 12. The City Libnah revolted from under Iehorams Tyrannie 2 Chron. 21. 10. P. Martyr on the place saith they revolted because he endeavoured to compell them to Idolatrie This is justified above Head. 2. Hence if it be Lawful for a part of the people to revolt from a Tyrannical Prince making defection from the true Religion then it is duty to defend themselves against his force The Antecedent is here plain 13. When Athaliah usurped the Monarchy Iehojada the priest strenghtened himself and made a Covenant with the Captains c. to put her doun and set up Ioash 2 King. 11. 2. Chron. 23. and when she came cried Treason Treason they regarded it not but commanded to kill her and all that help her Whence if those that are not Kings may Lawfully kill an Usurpress and all her helpers then may a people resist them But Iehojada though no Magistrate did it 14. The repressing punishing Amaziah the son of Ioash is an undenyable Instance vindicated by Mr Knox see above Per. 3. Pag. 38. After the time that he turned away from following the Lord the people made a Conspiracy against him in Ierusalem and he fled to Lachish but they sent slew him there 2 King. 14. 19. 2 Chron 25. 27. Hence a fortiori If people may conspire concur in executing Judgment upon their King turning Idolater Tyrant then much more must they defend themselves against his violence 15. The same power of peoples Resisting Princes was exemplified in Uzziah or Azariah when he would needs be supreme in things Sacred as well as Civil 2 King. 15. 2 Chron. 26. fourscore priests that were valiant men withstood him and thrust him out of the Temple deturbarunt eum saith Vatablus expulerunt eum saith Ar. Mont. vid. Pool Synopss in Loc. See this vindicated by Mr Knox. Per. 3. Pag. 33. above Hence If private Subjects may by force resist and hinder the King from transgressing the Law then must they resist him when forcing them to transgress the Law of God. 16. After the Return from the Babylonish Captivity when the Iewes were setting about the Work of building the Temple which they would do by themselves and not admit of any Association with Malignants upon their sinister misinformation Sycophantick Accusation that they were building the rebellious bad City and would refuse to pay the King toll tribute custome they were straitlie discharged by Artaxerxes to proceed in their Work and the inhibition was execute by force power Ezrah 4. But by the encouragement of the Prophets Haggai Zechariah countermanding the Kings decree they would not be hindered the eye of their God being upon them thô Tatnai the Governour of those parts Shetharboznai and their Companions would have boasted them from it with the Usual Arguments of Malignants who hath commanded yow to do so so Ezrah 5. 3-5 And yet this was before the decree of Darius was obtained in their favours Ezrah 6. Hence if people may prosecute a duty without against a Kings command and before an allowance by Law can be obtained Then may a people resist their Commands and force Used to execute them But here the Antecedent is manifest 17. When Nehemiah came to Ierusalem and invited the Iewes to build up the Walls of the
their Sufferings upon the account of that Recusancy have been very great grievous to the utter impoverishment depopulation of many Families besides the personal Sufferings of many in long Imprisonments which some chose rather to sustain with patience than pay the least of those Exactions Yea some when ordered to be legally liberate and set forth out of Prison choosed rather to be detained still in bondage than to pay the Iaylour-fees their Keepers demanded of them Many other wicked Impositions have been pressed prosecuted with great rigor rage as Malitia-money and Locality for furnishing Souldiers listed under a banner displayed against Religion Liberty with necessary provision in and for their wicked service which of late years have been contended against by the Sufferings of many and daylie growing a Tryal to moe But the most impudently insolent of all these Impositions and that which plainly paraphrases openly expresses explains all the rest calculate for the same ends was by that wicked Act of Covention enacted Anno 1678. Declaring very plainly its ends to levy maintain forces for suppressing Meetings and to shew unanimous affection for maintaining the Kings Supremacy established by Law. Or as they represent it in their Act for continuation of it Act. 3. Parl. 3. Char. 2. August 20. 1681. Seeing the Convention of Estates holden at Edinburgh in the moneth of Iuly 1678 upon weighty Considerations therein specified and particularly the great danger the Kingdom was under by seditious rebellious Conventicles and the necessity which then appeared to encrease the forces for securing the Government and suppressing these rebellious Commotions which were fomented by seditious principles practices did therefore humbly dutifully offer a chearful unanimous Supplie of 800000 pound Scots in the space of five years And the Estates of Parliament now conveened having taken to consideration how the dangers from the forsaids Causes do much encrease in so far as such as are seditiously rebelliously enclined do still propogate their pernicious principles and go on from one degree of rebellion to another till now at last the horrid villanies of murther assassination avowed rebellion are ouned not only as things Lawful but as obligations from their Religion Do therefore in a due sense of their duty of God to their Sacred Soveraign and the preservation of themselves and their posterity of new make an humble unanimous chearful heartly offer for themselves and in name of and as representing this his Maj. ancient Kingdom of a continuation of the foresaid Supply granted by the Convention of Estates And that for the space of five years or ten terms successive begining the first Terms payment at Martin-mas 1683. which yet is to be continued until Martin-mas 1688. Here is a Sample of their wicked Demands shewing the nature quality tendency of all of them Wherein we may note 1. That they continue it upon the same Considerations upon which it was first granted 2. That these were yet remain to be the danger of the Meetings of the Lords people for Gospel Ordinances by them forced into the Fields which they call Rebellious Conventicles and the necessity of securing their Usurpation upon the Prerogatives os Christ Liberties of His Church and Priviledges of Mankind which they call their Government and suppressing the Testimonies for the Interest of Christ called by them Rebellious Commotions 3. That their motive of continuing it was their Considerations of some weak Remainders of former zeal for God in prosecuting the Testimony for the Interests of Christ and Principles of the Covenanted Reformatton which they call propogating pernicious Principles and some weak attempts to oppose resist their Rebellion against God and vindicate the Work defend the people of God from the destruction they intended against them and their Lawful obliged endeavours to bring the Destroyers Murderers to condign punishment which they call horrid vilâ—anies of Murder Assassination avâ—wed Rebellion Here all the Active Appearances of the Lords people vindicated in the foregoing Heads are industriously Represented under these odious invidious Names as motives to contribute this Supplie of means to suppress them and to involve all the Contributers in the guilt of condemning them 4. That as a Test of their Allegiance unto Conâ—edeâ—acy with that Execrable Tyrant which they call their duty to their Sacred Soveraign they enact this as Representatives of the Kingdom and must be ouned as such by all the payers 5. That it is the same Cess that was granted by the Convention of Estates and the Terme of its continuation is not yet expired And hence it is manifest that that Act of Convention thô its first date be expired and thereupon many plead for the Lawfulness of paying it now that formerly scrupled at and witnessed against it yet is only renewed revived corroberated and the Exaction continued upon no other basis or bottom but the first State Constitution Which was remains to be a Consumating Crimson wickedness the cry whereof reaches Heaven Since upon the matter it was the setting of a day betwixt which exceeding the Gadarens wickedness short of their Civility they did not beseech Christ His Gospel to be gone out of Scotland but with armed violence declared they would with the strong hand drive Him out of His possession in order to which their Legions are levied with a professed Declaration that having exauctorate the Lords Anointed by Law and cloathed the Usurper with the spoils of His Honour they will by force maintain what they have done and having taken to themselves the House of God in possession they will sacrifice the Lives Liberties fortunes of all in the Nation to secure themselves in the peaceable possession of what they have robbed God And that there shall not be a Soul left in the Nation who shall not be slain shut up or sold as slaves who will oune Christ and His Interest All which they could not nor cannot accomplish without the subsidiary Contribution of the peoples help This is the plain sense of the Act for the Cess and thô not expressed the tacite uniforme intention of all the rest Yet for as monstrous and manifest the wickedness of these designs are so judicially were the bulk of our Seers plagued with blindness that many of them were left to plead for the payment of these Impositions others thô they durst not for a world do it themselves to be silent and by their silence to encourage embolden many to such a Complyance presuming with themselves and without furrher enquirie that the zeal of God and love to His Glory and the Souls of their Brethren would constrain them to speak in so clamant a case if they did observe any sin in it Whereby the Universality was involved in the guilt of these things especially deceived by the patrociny pleadings of such of late who formerly witnessed against it O that it might be
Serpent Dragon Isai. 27. 1. and have great affinity in name Nature with the Apocalyptick Dragon So also Isai. 51. 9. the Egyptian Tyrant is called Dragon And Nebuchadnezzar swallowed up the Church like a Dragon Ier. 51 34. See also Ezek. 29. 3. 6. They are wolves ravening the prey Ezek. 22. 27. evening wolves that gnaw not the bones till the morrow Zeph. 3. 3. 7. They are Leopards So the Grecian Tyrants is called Dan. 7. 6. and Antichrist Revel 13. 2. 8. They are foxes So Christ calls Herod Luk. 13. 32. 9. They are Devils who cast the Lords people into Prison Revel 2. 10 13. Now can we oune all these abommable Creatures to be Magistrates Can these be the fathers we are bound to honour in the fifth Commandment They must be esteemed sons of dogs Devils that belive so and oune themselves sones of such fathers If we further take notice how the Spirit of God describes Tyranny as altogether Contradistinct opposite unto the Magistracy He will have ouned we may infer hence Tyrants Usurpers are not to be ouned What the Government instituted by God among His people was the Scripture doth both relate in matter of â—act and describes what it ought to be de jure viz. That according to the Institution of God magistrates should be established by the Constitution of the people who were to make them Iudges Officers in all their gates that they might Iudge the people with just Iudgment Deut. 16. 18. But foreseeing that people would affect a change of that first forme of Government and in imitation of their neighbouring Nations would desire a King and say I will set a King over me like all the Nations that are about me Deut. 17. 14. The Lord intending high holy ends by it chiefly the procreation of the Messias from a Kingly race did permit the change and gave directions how he should be moulded bounded that was to be ouned as the Magistrate under a Monarchial forme To wit that he should be chosen of God and set up by their suffrages that he should be a brother and not a stranger that he should not multiply horses nor wives nor money which are Cautions all calculated for the peoples good and the security of their Religion Liberty and for precluding preventing his degeneration into Tyranny and that he should write a Copy of the Law in a book according to which he should Govern vers 15. ad â—in cap. yet the Lord did not approve the change of the form which that luxuriant people was long affecting and at length obtained For long before Saul was made King they profered an Hereditary Monarchy to Gideon without the boundaries Gods Law required Which that brave Captain knowing how derogatory it was to the Authority of Gods Institution not to be altered in form or frame without His order generously refused faying I will not rule over yow neither shall my son rule over yow the Lord shall rule over yow Iud. 8. 23. But his bastard the first Monarch Tyrant of Israel Abimelech by sinstrous means being advanced to be King by the traiterous Schechemites Iotham and other of the Godly disouned him which by the Spirit of God Iotham describes Parabolically significantly hoâ—ding out the Nature of that Tyrannical usurpation under the Apologue of the trees itching after a King and the offer being repudiate by the more generous sort embraced by the bramble Signifying that men of worth virtue would never have taken upon them such an arrogant Domination and that such a Tyrannicall Government in its Nature tendency was nothing but an useless worthless sapless aspiring scratching vexing shadow of a Government under subjection to which there could be no peace nor safety But this was rather a Tumultuary interruption than a Change of the Government not being universally either desired or ouned therefore after that the Lord restored the pristine form Which continued until being much perverted by Samuels sons the people unanimously peremptorly desired the change thereof and whether it were reason or not would have a King as we were fondly set upon one after we had been delivered from his fathers yoke And the Lord gave them a King with a Curse and tooke him away with a vengeance Hos. 13. 11. as He did our Charles the Second Yet He permited it but with a Protestation against and conviction of the sin that thereby they had rejected the Lord 1 Sam. 8. 7. and with a demonstration from Heaven which extorted their oun confession that they bad added unto all their sins this evil to ask a King 1 Sam. 12. 17 18 19. And to deter disswad from such a Conclusion He appoints the Prophet to shew them the manner of the King that should reign over them 1 Sam. 8. 9. to declare before hand what sort of a Ruler he woud prove when they got him to wit a meer Tyrant who would take their sons and appoint them for himself for his Chariots and for horsemen and to run before his Chariots and make them his sowldiers and labourers of the ground and Instrument-makers and houshold servants and he would take their fields vineyards the best of them and give unto his servants in a word to make all slaves and that in the end when this should come to pass they should cry out because of their King but the Lord would not hear them vers 11-18 All which as it is palpable in it self so we have sensibly felt in our experience to be the Natural description of Tyranny but more tollerable than an account of ours would amount to It is both foolishly falsely alledged by Royalists or Tyrannists that here is a grant of incontroulable absoluteness to Kings to Tyrannise over the people without resistence And that this manner of the King is in the Original Mishphat which signifies right or Law So that here was a permissive Law given to Kings to Tyrannise and to oblige people to passive obedience without any remedy but tears And therefore it was registered laid up before the Lord in a book 1 Sam 10. 25. But I answer 1. If any thing be here granted to Kings it is either by Gods Approbation directing instructing how they should govern or it is only by permission providential Commission to them to be a plague to the people for their sin of choosing them to make them drink as they have brewed as sometimes He gave a Charge to the Assyrian rod to trample them doun as the mire of the streets If the first be said Then a King that does not govern after that manner and so does not make people cry out for their oppression would came short of his duty and all behoved to Tyrannize and make the people cry out then a King may take what He will from his subjects and be approved of God this were blasphemously absurd for God cannot approve of the sin of oppression If the Second