Government ought to be coërced otherwise you must open a door to perpetual Broils since every one by these Maxims becomes Judge and where he is both Judge and Party he is not like to be cast in his Pretensions And even few Malefactors die but they think hard measure is given them If then forcible self-defence be to be followed none of these should yield up their Lives without using all attempts for resâ—uing them Eud. Whatever other Cases allow of certainly the defence of Religion by Arms is never to be admitted for the nature of Christian Religion is such that it excludes all carnal Weapons from its defence And when I consider how expresly CHRIST forbids his disciples to resist evil Matth. 25.39 how severely that resistance is condemned by S. Paul and that condemnation is declared the Punishment of it I am forced to cry out Oh! what times have we fallen in in which men dare against the express Laws of the Gospel defend that practice upon which GOD hath passed this condemnation If whosoever break the least of these Commandments and teach men so to do shall be called the least in the Kingdom of GOD What shall their portion be who teach men to break one of the greatest of these Commandments such as are the Laws of Peace and Subjection And what may we not look for from such Teachers who dare tax that glorious Doctrine of patient Suffering as brutish and irrational and though it be expresly said 1 Pet. 2.21 That CHRIST by suffering for us left us his Example how to follow his steps which was followed by a glorious Cloud of Witnesses Yet in these last days what a brood hath sprung up Of men who are lovers of their own selves traytors heady high-minded lovers of pleasures more than lovers of GOD having a form of godliness but denying the power thereof who creep into houses and lead captive silly women laden with sin It is our sins that provoke GOD to open the bottomless pit and let loose such locusts but were we turning to GOD and repenting of the works of our hands we might hope that their power should be taken from them and that their folly should be made known to all men Isot. Who talk bigly now But let Reason and Scripture take place and you shall find good warrants in the Old Testament for coërcing the Magistrate and subjecting the power in the Peoples hands see p. 12. for the People were warranted to punish Idolaters Deut. 13.12 And from the beginning of Deuteronomy it appears that Book was directed to all Israel therefore any might have punished Idolaters therefore the power of Reforming is with the People And again see p. 13. the Law of the King is set down Deut. 18.14 which gives a clear Evidence that the People might coërce him Otherwise why was that Law delivered to the People Crit. I am much deceived if these Instances do conclude for your design since the utmost they can prove is that some share of the executive power lay in the hands of the People among the Iews but that proves nothing where by Law and Practice it is clear the power is wholly in the hands of Superior unaccountable Magistrates But that the Law of the King or of punishing Idolaters was delivered to the People proves not that they must execute it For the Law of Sacrifices and all the Temple worship was also delivered to them but I hope you will not from that infer that the People were to judge in these matters or to give Laws to their Priests neither will the Law because addressed to the People prove themselves to be the executors of it otherwise the Epistle to the Corinthians addressed to all the Saints in Corinth will prove the People the Iudges of Excommunication and of the Rules of Church-worship which are there delivered so that though the Law was directed to all the People yet that proves not that every precept of it concerned all the People but that the whole of the Law was addressed to the whole People and the respective parts of it to all the individuals according to their several stations And after all this you are to consider that some things were allowed by that Law to private Persons which ought never to be made precedents for the Law allowed the Friends of one that was killed by chance to avenge the Blood on the Person that slew him if he kept not within the City of Refuge but that being a particular provision of their Judicial and Municipal Law will be no warrant for such revenge in other States Isot. But what say you to the revolt of Libnah 2 Chron. 21.10 which revolted from Iehoram because he forsock the LORD GOD of his fathers And of Amaziab 2 Chron. 25. 27. who when he turned away from following the LORD his being killed by a Conspiracy of these in Ierusalem and the fourscore valiant Priests who withstood â—zziah when he went to offer incense 2 Chron. 26.17 See p. 13 14 Crit. As for your instances consider that many things are set down in the Old Testament that are undoubted faults and yet so far are they from being taxed that they rather seem to be applauded so it is in the case of the Midwives lie not to mention the Polygamy of the Patriarchs therefore it not being clear to us by what special warrants they acted a Practice of that Dispensation will be no precedent to us But for that of Libnah it may be justly doubted if the Libnah there mentioned be that City which was assigned to the Priests for Numbers 33.20 we meet with a Libnah in the journyings of Israel and both the Syriack and the Arabick version have understood the place of that City for they render it the Idumeans that dwelt at Libnah But whatever be in this the particle because doth not always import the design of the doer which if you examine the Hebrew will be very clear and I shall name but one place to satisfie you 1 Sam. 2.25 Elies sons hearkned not to the voice of their father because the LORD would slay them But I doubt not you will confess this was not their motive to such disobedience so this will import no more but that GOD in his Providence permitted that revolt for a Punishment of Iehoram's Apostasie neither will fair Pretences justifie bad Actions so the utmost that place can prove is that they made that their pretence But that their revolt could not be without they had also revolted from GOD will appear from this that the Priests were bound to give attendance by turns at the Temple so none of them could have revolted from the King without their rejecting of GOD'S Service as long as the King was Master of Ierusalem whither no doubt they would not have come during their revolt As for your instance of Amaziah I confess it is plain dealing and you disclose the Mystery of defensive Arms that it is but lamely maintain'd till the Doctrine of murdering
these things it appears that the King of Scotland is a limited King who as he originally derived his Power from their choice so is still limited by them and liable to them All which is at large made out by the Author of Ius populi Basil. Now you are on a rational Point which I acknowledge deserves to be well discussed for if by the Laws of Scotland the King be liable to his People then their coercing him will be no Rebellion But this point is to be determined not from old Stories about which we have neither Record nor clear account for giving light how to direct our belief nor from some tumultuary Practices but from the Laws and Records of the Kingdom and here the first word of our Laws gives a shrewd Indication that the King's Power is not from the People which is anno 1004 according to Sir Iohn Skeen's Collection of them King Malcome gave and distributed all his Lands of the Realm of Scotland among his men and reserved nothing in property to himself but the Royal Dignity and the Mure-hill in the Town of Scone Now I dare appeal to any Person whether this be not the Stile of a Sovereign and if this prove not the King's Title to the Crown to be of another nature than that of a voluntary Compact The next vestige is to be found in the Books of Regiam Majestatem held to be published by King David I. Anno 1124 and declared authentical by following Parliaments where the third Verse of the Preface is That our most glorious King having the Government of the Realm may happily live both in the time of Peace and of warfare and may ride the Realm committed to him by God who hath no Superior but the Creator of Heaven and Earth ruler over all things c. And let the plain sense of these words tell whether the King of Scotland hath his power from the People and whether he be accountable to any but to God It is also clear that all were bound to follow the King to the Wars and punishment was decreed against those who refused it see the Laws of Alexander II. Cap. 15. and Iac. 1. Parl. 1. Cap. 4. Iac. 2. p. 13. Cap. 57. And this shews they were far from allowing War against the King The Parliaments were also originally the Kings Courts at which all his Vassals were bound to appear personally and give him Counsel which proving a burden to the small Barons they were dispenced with for their appearance in Parliament 1. Iac. Parl. 7. cap. 101. which shews that the coming to the Parliament was looked on in these days rather as an homage due to the King than a priviledg belonging to the Subjects otherwise they had been loth to have parted with it so easily And 2. Fac. 6. Parl. cap. 14. It is ordained that none rebel against the King's person nor his Authority and whoso makes such Rebellion is to be punished after the quality and quantity of such Rebellion by the advice of the three Estates And if it happens any within the Realm openly or notoriously to rebel against the King or make war against the King's Laeges against his forbidding in that case the King is to go upon them with assistance of the whole Lands and to punish them after the quantity of the trespass Here see who hath the Sovereign power and whether any may take Arms against the King's command and the 25. Ch. of that same Parl. defines the points of Treason It is true by that Act those who assault Castles or Houses where the King's person was without the consent of the three Estates are to be punished as Traytors From which one may infer that the Estates may besiege the King but it is clear that was only a provision against these who in the minority of the Kings used to seize upon their Persons and so assumed the Government and therefore it was very reasonable that in such a case provision should be made that it were not Treason for the Estates to come and besiege a place where the Kings Person were for recovering him from such as treasonably seized on him And this did clearly take its rise from the confusions were in that King's minority whom sometimes the Governor sometimes the Chancellor got into their keeping and so carried things as they pleased having the young King in their hands The King is also declared to have full Jurisdiction and free Empire within his Realm 3. Fac. Parl. 5. cap. 30. And all along it is to be observed that in asserting his Majesties Prerogative Royal the phrases of asserting and acknowledging but never of giving or granting are used so that no part of the King's Prerogative is granted him by the Estates and Iac. 6. Parl. 8. cap. 129. his Majesties Royal Power and Authority over all Estates as well spiritual as temporal within the Realm is ratified approved and perpetually confirmed in the person of the King's Majesty his Heirs and Successors And in the 15. Parl. of that same King Chap. 251. these words are Albert it cannot be denied but his Majesty is a free Prince of a Sovereign Power having as great liberties and Prerogatives by the Laws of this Realm and priviledg of his Crown and Diadem as any other King Prince or Potentate whatsoever And in the 18. Parl. of the same King Act. 1. The Estates and whole body of that present Parliament all in one valuntary faithful and united heart mind and consent did truly acknowledge his Majesties Sovereign Authority Princely Power Royal Prerogative and priviledg of his Crown over all Estates Persons and Causes within his said Kingdom By this time I suppose it is past debate that by the Tract of the whole Laws of Scotland his Majesty is a Sovereign unaccountable Prince since nothing can be devised more express than are the Acts I have cited For what you objected from the Coronation Oath remember what was said a great while ago that if by the Coronation the King got his Power so that the Coronation Oath and Oath of Allegiance were of the nature of a mutual stipulation then you might with some reason infer that a failing of the one side did free the other but nothing of that can be alledged here where the King hath his Authority how soon the breath of his Father goes out and acts with full Regal power before he be crowned so that the Coronation is only a solemn inauguration in that which is already his right Next let me tell you that the King 's swearing at his Coronation is but a late practice and so the Title of the Kings of Scotland to the Crown is not upon the swearing of that Oath And here I shall tell you all that I can find in our Laws of the King 's swearing or promising The first instance that meets me is Chap. 17. of the Statutes of King Robert the Second where these words are For fulfilling and observing of all the premises the King so
in your Principles to answer this and see how you will clear this practice of Discipline from Tyranny since to debar men from the Sacraments is a greater dominion over Consciences than the determining about Rituals But to come nearer home there was a certain Society you have heard of ycleped the Kirk which had divers Books of Discipline containing rules for that and a Directory for Worship which had no few rules neither they had also a frame of Government the Supreme Judicatory whereof was composed of three Ministers and one ruling Elder from each Presbytery a ruling Elder beside from each Burrough two being allowed the Metropolis and a Commissioner was sent from each University and in this High Court the King came in with the Privilege of a Burgh for though the Metropolis had two he was allowed to send but one with a single Suffrage to represent him and this Court pretended to an Authority from Christ and their Authority was Sacred with no less certificate than he that despiseth you despiseth me Now how a Power can be committed to delegates without any Commission for it from the Superior will not be easily made out And they will search long ere they find a Divine Warrant for this Court unless they vouch Mary Mitchelsons Testimony for it whose hysterical Distempers were given out for Prophesies And whereas they are so tender of Christian Liberty that no Law must pass about the Rituals of Religion yet their Books of Discipline and Model of Government were not only setled by Law but afterwards sworn to be maintained in the Covenant wherein they swore the Preservation of the Reformed Religion in Scotland in Doctrine Worship Discipline and Government These were the tender Consciences that could not hear of any Law in matters indifferent and yet would have all swear to their Forms many of which they could not but know were indifferent which was a making them necessary at another rate than is done by a Law which the Legislator can repeal when he will and never were any in the world more addicted to their own Forms than they were An instance of this I will give which I dare say will surprise you When some designers for popularity in the Western parts of that Kirk did begin to disuse the Lord's Prayer in Worship and the singing the Conclusion or Doxology after the Psalm and the Minister's kneeling for private Devotion when he entred the Pulpit the General â—ssembly took this in very ill part and in a Letter they wrote to the Presbyteries complained sadly Of a Spirit of Innovation was beginning to get into the Kirk and to throw these laudible practices out of it mentioning the three I named which are commanded to be still practised and such as refused obedience are appointed to be conferr'd with in order to the giving of them satisfaction and if they continu'd untractable the Presbyteries were to proceed against them as they should be answerable to the next general Assembly This Letter I can produce authentically attested But is it not strange that some who were then zealous to condemn these Innovations should now be carried with the herd to be guilty of them I am become hoarse with speaking so long and so I must break off having as I suppose given many great Precedents from History for the using of Rites in divine matters without an express Warrant and for passing Laws upon these and have cleared the one of Superstition and the other of Tyranny Eud. Truly all of you have done your parts so well that even Isotimus himself seems half convinced It is then fully clear that as nothing is to be obtruded on our Belief without clear revelation so no sacred duty can be bound on oâ—r Obedience without a Divine Warrant but in Rituals especially in determining what may be done in a variety of ways to one particular Form there hath been and still must be a Power on Earth which provided it balance all things right and consider well the fitness of these Rites for attaining the designed end doth not invade God's Dominion by making Laws about them Nor will the pretence of Christian Liberty warrant our Disobedience to them It remains to be considered who are vested with this Power and how much of it belongs to the Magistrate and how much to the Church Basil. I now engage in a Theme which may perhaps lay me open to censure as if I were courting the Civil Powers by the asserting of their rights but I am too well known to you to dread your jealously much in this and I am too little known to my self if flattery be my foible I shall therefore with the greatest frankness and ingenuity lay open my sense of this matter with the Reasons that prevail with me in it but I desire first to hear Isotimus his opinion about it Isot. I do not deny the King hath Authority and Jurisdiction in matters Sacred but it must be asserted in a due line of Subordination First to Christ the King of Kings and the only Head of his Church And next to the Rulers and Office-bearers of the Church who are entrusted by Christ as his Ambassadors with the Souls of their Flocks and who must give him an account of their Labors therefore they must have their Rules only from him who empowers them and to whom they are subject They must also have a Power among them to preserve the Christian Society in order to which they must according to the practice of the Apostles when difficulties emerge meet together and consult what may be for the advancement of the Christian Religion and whoso refuseth to hear the Church when she errs not from her Rule he is to be accounted no better than a Heathen and a Publican And since the Church is called one body they ought to associate together in meetings seeing also they have their Power of Christ as Mediator whereas the Civil Powers hold of him as he is God they have a different Tenor distinct Ends and various Rules therefore the Authority of the Church is among the things of God which only belong to him And indeed Christians were very ill provided for by Christ if they must in matters of Religion be subject to the pleasure of secular and carnal Men who will be ready to serve their own Interests at the rate of the Ruin of every thing that is Sacred It is true the Civil Powers may and ought to convocate Synods to consult about matters of Religion to require Church-men to do their duty to add their Sanctions to Church Laws and to join with the sounder part for carrying on a Reformation But all this is cumulative to the Churches intrinsick Power and not privative so that if the Magistrate fall short of his duty they are notwithstanding that to go on as men empowered by Iesus Christ and he who despâ—seth them be his quality what it will despiseth him that sent them See p. 105. to p. 109. and p. 467. to
mâ—stake me not as if I charged one party only with this leaven which is alas too visible among many of all sides and parties But to dwell no longer on generals which every one will drive off himself and lodge on others let us now come to a closer review of our late times And here Philarcheus I quit the Theme to you who I know can manage it better Phil. Truly when I reflect on the late times and the spirit which did then act in the Judicatories both of Church and State I wonder much how any can be guilty of the error of thinking it was the cause of GOD was then fought for I deny not but a great many yea I am willing to hope the greater part were misled and abused and did imagine it was Religion and Liberties they fought for and so went out as they were called in the simplicity of their heart and knew not any thing of the secret designs of their Leaders As in the case of Absoloms rebellion two hundred went from Ierusalem with him which might well a little excuse their fault but could not alleviate the guilt of that unnatural rebellion so whatever may be said for excusing the multitudes who I doubt not meant well yet that will never serve for vindicating the course was followed I confess if I saw any remorse or shame for by-past miscarriages if I found these people we speak of either humbled for them before GOD or ashamed of them among men I should be the last on earth who would upbraid them with them and that the rather that His Majesty hath buried the remembrance of them by a gracious oblivion But when they continue so insolent as still to bear up so high in their pretentions as if GOD had been visibly with them and when they think it an injury to their innocency to tell them of an indemnity who would not be tempted to take them to task and examine all their vain boastings and empty pretences to which I am both provoked from their arrogance and invited from the evident proofs of all I shall alledge which I can lay before you from authentical Papers and Registers and I shall freely tell you that if any of these Pamphleteers had but the half to say of these who yield a complyance to the present Establishment which I can say of them the world would ring with it But I count the defaming of men a woâ—k as mean as it is cruel Yet I look upon my self as obliged to give some accounts of the spirit and ways of these people which I shall do with all the reserve and caution that becomes a Christian. Eud. Hold hold I pray you run not too far in your carreer lest you lay open things were better hid I confess these Writers do justly draw it from you but for the faults of two or three be not cruel to a multitude And what will all you shall say avail for we know well enough how little the clearest evidence will prevail upon their belief And though I in particular know upon what grounds you can go for verifying all you undertake and that they are unexceptionably clear yet it is a dunghil not to be searched too much Wherefore let me with my most earnest intreaties divert you from the discourse you have threatned Isotimus with But because all these mens defences of the resistance Subjects may make to their Sovereigns go upon the principles of maintaining Religion and Liberties when invaded by the Magistrate we will therefore be beholden to you if you satisfie us whether the late wars as they were begun and carried on were defensive or not Phil. Your authority over me is so entire that your commands never fail of determining my obedience therefore for this once I shall yield to your desire but with this declaration that if Isotimus cannot prevail among his friends for conjuring that pamphleting spirit into silence I will be forced on more freedom than I either design or desire and be made to tell name and surname of the Actors of many things which they may wish lay dead and be made to prove them from authentick papers and records and discover a mystery of iniquity which hath lien long hid under fair pretences and in a word let you understand what were the arts caballings and intrigues of these who pretended so much to the interest of CHRIST when they sought their own and if in doing this I be forced on much round and plain dealing the blame of it will fall to their share who extort it from me But I come now to satisfie your desire and doubt not to convince you that the late wars were an invasion of the Kings Authority and of the established Laws and were not for defence of any part of the established Religion and Liberties In the year 1938. His Majesty having understood that the authorizing of the service-Service-Book and Book of Canons and the establishment of the High-Commission-Courts were illegal did upon the representation of those grievances not only retract what he had formerly done but in the fullest manner discharged them and though the Articles of Perth stood setled by Law yet upon their petitions who counted them grievances he warranted their disuse and for securing the fears of his Subjects of the change of Religion with which some factious spirits had poysoned them he appointed the National Covenant as King Iames had signed it to be taken by all his Subjects with a bond of mutual defence and adherence to it He also summoned an Assembly and Parliament for satisfying all the just demands and grievances of his Subjects But did this satisfie the zeal of that party No for when all colors of grounds were removed from those malicious imputations with which his Majesties actions were aspersed then did they flee to their safe and sure refuge of jealousies and fears out of which there was never any storming of them as if all had been only offered to trepan and deceive them And after His Majesty had called a Synod at Glasgow then came in the Lay-Elders who were all of the Nobility and men of the greatest eminence of the Kingdom and carried the elections of the members of the Assembly in the most arbitrary manner imaginable many instances whereof I can yet prove from authentick papers one generall I shall only name for did I stand to reckon up all I should never get to an end the ruling Elders who came from every Paâ—och to the Presbyteries for electing the Commissioners to the Assembly were men of power and of one knot and so when it was voted what Ministers should be chosen they who were listed being at least six were set to the door and thus the Elders who stayed within carried the election as they pleased And when the commissionated ruling Elder was chosen they were all so associated that they could not choose wrong And thus it was that the secular men did intirely choose the members of the Assembly of