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A61509 Jus populi vindicatum, or, The peoples right to defend themselves and their covenanted religion vindicated wherein the act of defence and vindication which was interprised anno 1666 is particularly justified ... being a reply to the first part of Survey of Naphtaly &c. / by a friend to true Christian liberty. Stewart, James, Sir, 1635-1713. 1669 (1669) Wing S5536; ESTC R37592 393,391 512

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15. Iam. 6. c. 2. Parl. 23. Iam. 6. Act. 1. Parl. 1. Char. 1. and act 14. 15. of the same parl act 13. parl Anno 1661. Charl. 2. and this is reckoned by the forementioned politicians among the prerogatives Volgm pag. 57. Hoen pag. 129. Bodin pag. 244. Timpl. ubi supra 4. Nor doth it belong to him alone to appoynt the value of money as is cleare by our acts act 67. parl 8. Iam. 3. act 93. 97. parl 13. Iam. 3. act 23. parl 1. Iam. 1. act 33. parl 8. Iam. 2. act 59. parl 13. Iam. 2. act 2. parl 1. Iam. 4. act 17. parl 2. Iam. 4. act 40. parl 4. Iam. 4. act 17. parl 1. Iam. 6. act 20. of the same parl act 249. parl 15. Iam. 6. c. 9. parl 16. Iam. 6. yet the forecited authors reckon this also among jura Majestatis 5. He must not rule us by his meer will but by the lawes of the land act 79. parl 6. Iam. 4. act 130. 131. parl 8. Iam. 6. and not by any special grant or privat privileges act 48. parl 3. Iam. 1. 6. He is not the proper judge of all causes in the first instance act 45. parl 2. Iam. 1. act 62. parl 8. Iam. 3. 7. Some causes are fully exempted from his judgment and determination act 105. parl 14. Iam. 3. 8. The Lords of the Session may finally decide causes according to the act 65. parl 3. Iam. 1. without any liberty granted to the party to appeal to the King act 63. parl 14. Iam. 2. and this privilege of the Session in ratified act 93. parl 7. Iam. 5. act 1. parl 2. Mar. act 170. parl 13. Iam. 6. act 183. of the same parl act 211. parl 14. Iam. 6. act 23. parl 1. Carol. 1. act 23. parl Anno 1661. Charl. 2. Yea the judges are allowed to discerne according to equity notwithstanding of any write of the King 's to the contrary act 92. parl 6. Iam. 6. act 47. parl 11. Iam. 6. act 79. of the same parl 9. He is limited in granting remissons sic act 46. parl 2. Iam. 1. act 51. parl 3. Iam. 1 act 75. parl 14. Iam. 2. act 42. parl 6. Iam. 3. act 94. parl 13. Iam. 3. act 62. 63. parl 6. Iam. 4. act 174. parl 13. Iam. 6. 10. He is limited in alienating of lands possessions or moveable goods act 2. parl 1. Iam. 2. act 41. parl 11. Iam. 2. act 70. and 71. parl 9. Iam. 3. act 112. parl 14. Iam. 3. act 5. parl 1. Iam. 4. act 10. parl 2. Iam. 4. act 22. ejusd parl act 50. parl 4. Iam. 4. act 90. parl 6. Iam. 4. act 84. parl 6. Iam. 5. act 115. and. 116. parl 7. Iam. 5. act 6. parl 9. Iam. 6. act 176. parl 13. Iam. 6. act 159. ejusdem parl act 203. and 204. parl 14. Iam. 6 act 236. parl 15. Iam. 6. act 242. and 243. ejusdem parl act 1. parl 16. Iam. 6. cap. 4. parl 23. Iam. 6. act 10. parl 1. Carol. 1. 11 So is he limited in erecting Royal brughs act 43. parl 11. Iam. 2. 12. He is limited in appoynting publick offices for admininistration of justice act 44. parl 11. Iam. 2. 12. He may not passe gifts signatures or remissions but with the consent of the privy Council act 12. parl 2. Iam. 4. 14. He hath been aftentimes admonished of his duty by the Parliament see act 23. parl 1. Iam. 1. act 5. and. 6. parl 3. Iam. 2. act 14. parl 6. Iam. 2. act 92. parl 13. Iam. 3. act 8. parl 2. Iam. 4. act 29. parl 3. Iam. 4. act 17. parl 1. Iam. 6. If this Surveyer hath a minde to defend the King 's civil prerogative royal or his absolute power Let him take all these particulars to his consideration but we goe on to our purpose From what hath been said concerning this limited power of the Kings we draw these particulars for our purpose 1. If the King be a limited Prince Then he may in some cases be lawfully resisted Gerhard himself de Magistrat Pol. § 484. pag. 1303. in answering of that quaestion what shall Subjects do if a Magistrate who is an infidel or an haeretick doth force them unto a false religion sayeth That such a Magistrate who hath absolute and unlimited power and is under no compacts may not be resisted by such as are meer Subjects So that he would grant in this case That it is lawful for meer private Subjects to resist a limited Prince who is bound by compacts and contracts It is true when he cometh afterward to speak of resisting a Tyrant and proponeth the quaestion § 486. whether such who have absolute power and turne Tyrants may be resisted after he hath cited some sayings of Papists he tells us § 487. That all the arguments of iunius Brutus Rossaeus Buckerius are solidly answered by Barclaius Albericus Gentilis Cunerus and Arnisaeus and this passage our Surveyer bringeth in Pag. 89. But who seeth not that it cometh not at all home to our purpose seing our King is not a King of absolute power though he hath his Kingdom by succession but is limited by conditions and stipulations And further every one may see the weaknesse of Gerhard's reasons and how inconsistent he is with himself For. 1. Sayeth he such is only under Gods jurisdicton But alas 1. May not I resist a person vvho is not under my jurisdiction 2. Royalists will say the same of all Princes even Barclaus and Arnisaeus Againe he sayes The People have translated their whole power unto such a Prince cannot recall it But 1. They have never translated over unto him a power to inslave themselves for that was not in their power to do Nor 2. Could they ever give away the power of self defence which is their birth right 3. Sayes he Subjects in this case want God's command and a Superiour power But 1. They have God's command in nature no lesse then these who are under limited Princes 2. They have a superior virtual power in cases of necessity 4. Sayes he He is a Father of the Republict and not a Tutor only and therefore as Children have no power over their Parents no more have Subjects over their Princes But 1. Are not even limited Princes as well Fathers to the Commonwealth So that by this argument it shall be as unlawfull to resist these which he will not say 2. Yea such absolute Princes Look rather to be Tygers and stated enemies unto the Common-wealth then Fathers 3. They have no proper Parental power as we shewed but Metaphorical 4. Even natural parents may be resisted Ergo much more they 5. We are not speaking of giving judgment against Tyrants but of resisting of them and if he grant this vve have our desire And his question vvas touching resistence § 485. Quest. 4. 2. A Limited and pactional Prince may be legally resisted Ergo also with force when a legal resistence cannot be had The antecedent is true
JUS POPULI VINDICATUM OR The Peoples Right to 〈…〉 and their Covenanted R 〈…〉 Wherein the Act of 〈…〉 and Vindication which was interprised Anno 1666. is particularly justified The lawfulnesse of private Persons defending their Lives Libertyes and Religion against manifest Oppression Tyranny and violence exerced by Magistrats Supream and Inferiour contrare to Solemne Vowes Covenants Promises Declarations Professions Subscriptions and Solemne Engadgments is de●●●strate by ●any Argum●●ts Being a 〈◊〉 Reply to the first pa●● of the Survey of Naph 〈…〉 c By a Friend to true Christian Liberty PSAL. LXXIV Ver. 20 21 22 23 〈…〉 e unto the Covenant For the dark places of the earth are full of the habitations of cruelty O let not the oppressed returne ashamed Let the poor and needy praise thy name Arise ô God plead thine own cause Remember how the foolish man reproacheth thee dayly Forget not the voice of thine Enemies the tumult of these that rise up against increaseth continually HOS I. ver 7. But I will have mercy upon the house of Juda● and will save them by the Lord their God and will not save them by bow nor by sword nor by battel by horses nor by horsmen Printed in the Year MDCLXIX CHRISTIAN READER IT will not I suppose be very necessary to make any full Relation or large Deduction of the occasion and first rise of this debate The same being not only fresh and recent to all both Friends and foes who have been Spectators of the great and wonderful workings of God in our Land but the memory thereof if it could be so soon obliterate is revived a fresh by the constantly renewed acts of Tyranny and oppression which from yeer to yeer The Powers acted by the same Spirit of Enimity to the Cause and Interest of Christ are exerceing upon the account thereof So that the Continual rage and Constant opposition which the ingrained adversaries of the Glory and Kingdome of our Lord Jesus Christ are dayly acting and making against all who desire to keep a conscience void of offence both towards God and Man and to remember with some sense and feare their solemne vowes and Sacred engadgments unto the Most High will not suffer us to forget how that After our Land was solemnely de●●uted unto God by Solemne Covenants and indissoluble 〈◊〉 and the defence of the Reformed Religion in Do 〈…〉 Worshipe Discipline and Government become 〈◊〉 condition yea the basis of our political constitu●ion The King not only by his solemne and sacred oath swearing and by his hand writeing subscribing and so fully owneing and approving the same but upon these tearmes and conditions accepting the Royal Crowne and Scepter in the day of his solemne inauguration The People also upon the same tearmes promiseing all subjection and obedience in the Lord And afterward in full Parliament confirming ratifying and approving the same and thereby giving all the security which either Reason Law or Religion could expect or require That all the Ends of these holy Covenants should have been in all time comeing really sincerely and constantly prosecuted by King and Nobles and all ranks of persons within the Land with one heart and minde and consequently That the evils particularly That accursed Hierarchy fully and for ever abjured in these Everlasting Bonds should never be countenanced owned or favoured far lesse re-intro-duced and established and after for our owneing of these necessary things and of the Kings interest in subordination thereunto we were invaded by the English and the Lord who for his his owne holy Ends saw it necessary and doth whatsoever he will in Heaven and in Earth so disposeing overcome and brought into bondage full Ten Years and at length The King who was forced to flee out of all his Dominions returning in such a remarkable and signal way without blood as might have engaged his heart more firmely then ever unto that God who had done such rare and unexpected things for him and made him more then ever fixedly resolve to owne Him and his holy Interests according to his former Vowes Oathes Subscriptions Covenants and Declarations and rationally ascertaned his Subjects that these necessary and good things should not only never be overturned and ranversed but also with greater Zeal and resolution established confirmed and prosecuted then ever formerly how instead of this No sooner did the report of his Majesty's returne come abroad but all the generation of malignants who had ever been heart enemies to the work of God which was carryed on in the Land did lift up thei● head insult over the People of God with all their might according to their ordinary insolency spew out their Venome against the work of God and at length obteaning power did raze the same unto the very foundations anull and rescinde all Acts all Covenants all Resolutions and Conclusions which had been made and taken for setling and secureing the Reformed Religion in Doctrine Worshipe Discipline and Government condemne all which had been done in carrying on the Work of Reformation as pure and manifest Rebellion and having re-intro-duced and established abjured Prelacy with all it 's concomitant abhominations did enact and enjoyne most tyrannically a full conformity unto all these abhominations and presse in a most horrid and arbitrary manner the faithful Servants and seekers of God to a complyance with these accursed and ever to be abhorred courses and upon their simple refusal did violently and barbarously eject the faithful Servants of Christ banishing some out of all the three Dominions incarcerating others after thev had imbrewed their hands in the blood of the best of our Nobility and Ministry and chaseing by their irrational and brutish acts multitudes of them from their flocks and familiars and then having in an antichristian manner thrust in upon the People a crew of the basest and naughtiest wreatches the Earth did bear by their cruel and tyrannical acts compelled constrained the couscientious seekers of God to accept of countenance owne and constantly hear such as lawful Ministers lawfully called and sent of God and when honest People considering both the way of their entry to be Antichristian their doctrine false and erroneous their conversation scandalous and abhominable their qualifications rather such as sute the publick Ministers of Satan then the called Servants of God their whole deportment a manifest demonstration to all onlookers that they were never called of God unto that work and considering how iniquously their owne faithful Pastors and Fathers had been thrust from them and how by their solemne Oath they stood obliged to the constant keeping of a perfect antipathy unto every part and pendicle of that abjured Hierarchy and unto what was contrary to sound doctrine and to the power of godlinesse and to the work of Reformation and Reformed Religion in Doctrine Worshipe Discipline and Government did forbear to yield obedience unto these antichristian and iniquous Lawes did by their arbitrary and barbarous executions what by
pag. 348. c. Neither was the penaltyes moderate nor were they exacted according to law not were they thereby pressed to attend that ordinance which is an indispensible duty But they were pressed to a sinful complyance with abjured prelacy contrare to their vow and Covenant by barbarous tyranny Then he sayes Their lives were not sought upon any tearmes See the place now mentioned where that is spoken to also and to all of common sense it was notour that their case was a case of most in exorable necessity their misery being so much the greater that their lives were left them to see themselves miserable as if the barbarous enemy had intended onely to make them liveto see it Neither was there any flying for a whole countrey side with their wives and children and therefore what Lex Rex sayeth Pag. 327 328. 329. confirmeth the lawfulnesse of this As to their not supplicating mentioned by him next it is spoken to also in the place cited And however he may think now to incrustate that tyrannical and irrational act forbidding all joynt supplications yet the whole land knoweth that if that oppressed Countrey had attempted any such thing they had been accounted guilty of Laese Majesty And had gotten no other relief of all the illegal impositions which inferiour officers did lay on Thereafter he cals it a notable contradiction to say that their rise was indeliberate and yet Lawful Iust holy exemplary necessary And that the godly ancients never enrolled them among martyrs who by their owne rashnesse had occasioned their owne sufferings Answ As if an action might not be both lawful just And necessary though the first rise thereof might have been unexpected and a meer surprisal of providence And as if every action were sinfully rash vvhich were not long and deliberatly before contrived So then by their rashness they did not occasion their sufferings but by a surprisal of providence being called to their owne defence and to a vindication of their libertyes and Religion while they were murthered upon that account they may very lawfully be enrolled among the Martyrs Then Pag. 261. he sayes They were the first-aggressors and first slew one of the Kings servants This was told us in the first part and is answered And who knoweth not that the first aggressor may be first killed See what is said to this Pag. 350. Then he sayes the Novatians Donatists were not accounted Martyrs albeit sometimes they were drawn to death by persecuting pagans-such a foul Staine did they see in Schisme Answ And indeed upon the same ground if any of this corrupt apostat facton which hath made defection from the received Religion reformed in doctrine worshipe discipline and Government and sworne unto by our whole Church were drawne to death by pagans under the common notion and name of Christian they could not be accounted Martyres because of their sinful and perfidious renting of the body of Christ They and not the honest party who adhere to their principles are the schismaticks The Novatians and Donatists who departed from the truth not the honest Christians who remained constant were the true schismaticks Nor doth Naphtaly fix them in a schisme when he teacheth that they were indispensibly tyed by the Covenant to abhorre a complyance vvith these courses of defection more then the honest fathers of old did fix the honest party in a schisme by teaching that they vvere not to imbrace the principles and practices of the Donatists and Novatians The 6. And last particular which he mentioneth Pag. 262. is but a heap of groundlesse calumnies to vvit that their designe vvas to put downe all authority to destroy all who would not accept of their sense of the Covenant to place themselves in the chaire of authority of which stuff we have had enough in the former part and shall say no more now but that it is plaine their cause is desperate and gone when they must flee to lies for refuge but to show how perfectly they are assimulat to the spirit which drives him they will be both lyers and murtherers And now Noble patriots for to you would I speak a word ere I close though I have in some weak measure endeavoured to vindicat the lawfulnesse of your noble and heroick enterprise to raise up the Virgin of Israel who was fallen and forsaken upon her land yet you stand not in need of the help of any such weak advocat as I am your witnesse is in Heaven and your record on high It is he who justifyeth and therefore though now you be hunted as partridges on the Mountaine and be a People robbed and spoiled snared in holes hid in prison houses and be for a prey and none delivereth for a spoile and none sayeth restore you need not be troubled who condemne you This being your rejoyceing even the testimony of your conscience that in simplicity and godly sincerity not with fleshly wisdome but by the grace of God you have had your conversation in the world and more abundantly in this particular And therefore may you depart from the presence of Councils when brought before them upon this account rejoyceing that you are counted worthy to suffer shame or what else for his name Stumble not at the wise dispensations of God nor think it strange concerning the f●●rytryal which is to try you and dayly experience telleth us that this continued tryal maketh nevv discoveryes as if some strange thing hapned unto you vvhat ever strangers to God and such as judge of him and of his holy sublime and vvise dispensations by carnal sense may think but rejoyce in as much as yee are partakers of christs suffering That when his glory shall be revealed if not in this vvorld dureing our dayes yet in the vvorld to come you may be glad also with exceeding joy Yea if you be reproached for the name of christ much more if you be put to harder sufferings happy are yee for the spirit of glory of God resteth on you since it is undenyable that on their part who are your Enemies he is evil spoken of but on your part he is glorified Though men think that you suffer as murderers or as theeves or as evil doers or as busy bodyes in other mens Matters Yet having an undoubted ground of persuasion that you suffer as Christians for owneing Christ's interest and his Covenanted work in the land you need not be ashamed but have cause to glorify God on this behalfe And since you suffer according to the will of God commit the keeping of your souls to him in wel doing as unto a faithful Creator Bewar of snares and sinful bonds for the same spirit of Malignancy and enmity to the interests of Christ acteth in these which acted in that bloody persecution the same designe is carryed on to wit the constant banishing of Christ and his interests out of the land and the establishing of these grand images of jealousy which provoke to jealousy O
allovv vvhy shall it be unlavvfull for a considerable part of the land to defend their Lives and Estates their Libertyes and Religion by forcible resistence made unto the Magistrat's Emissaries cruel bloody souldiers vvhen that moral resistence by petition vvhich yet no rational man can account resistence it being rather an act of subjection is contrare to all lavv and equity denyed and also the legal resistance by plea in court is not admitted Doth the municipal lavv of the land permit the one resistence aud vvill not the lavv of nature and nations vvhich no municipal lavv can infringe be a sufficient vvarandice for the other in case of extream necessity If it be said The Soveraigne hath law and right upon his side in this case which he hath not in the other till the law discusse it Ans The Law and Right which he hath on his fide in this case is but meerly pretended as in the other case and is lis sub judice Neither is he to be both judge and party in this case more then in the other againe if it be said that in this case He acteth as a Soveraigne executeing the lawes but in the other case he acteth only as a private person It is answered 1. That even in the other case He may pretend to be acting as a Soveraigne following executeing the lawes as well as in this 2. The Soveraigne as Soveraigne cannot oppresse nor do wrong therefore even in this case when he doth manifest injury unto the subjects contrare to his place vow and promise he acteth but as a private person and not as Soveraigne 2. If it be lawful for private person to warde off and defensively put back personal injurious assaults to the manifest and immediat peril of life without any colour of deserving of reason of law or judicial proceeding Why shal it not also be lawful for private persons to ward-off and defensively put back the injurious assaults of Emissaries to the manifest peril of Life Libertyes States Lively-hoods Consciences and Religion without any rational or real colour of deserving of reason of law of God or nations or judicial proceeding Shal it be lawful for one private person in the defence of his owne life to warde off such illegal extrajudicial and irrational assaults of the Soveraigne himself and shall it be unlawful for a body of a land or a considerable part thereof in the defence of their lively-hoods and so of their owne lives and of the lives of their posterity of their Consciences of their Libertyes and Religion all secured unto them by all bonds vowes Covenants Statutes and Actes imaginable to warde off the irrational furious illegal extrajudicial and mad assaults of the Soveraign's bloody Emissaries Sure rational men vvill see that vvhatever reason vvil evince the lavv fulnesse of the resistence in the former case the same vvill more strongly and plausibly conclude the lavvfulnesse of resistence in this case 3. If it be lavvfull for a private vvoman to defend her chastity dearer to her then life by violent resisting the Soveraignes attempts lest by non-resistance she should be guilty and oh if all the vvomen of the nation vvere of this temper Shall it not also be lavvful for private persons to defend their Lives Liberties Consciences and Religion dearer to them then their Lives yea and defend their chastity too by violent resisting of the furious attempts of the Soveraignes bloody Emissaries sent of purpose to constraine and compel them to perjury vvhen their non-resistence according to their povver and opportunity could not but be interpreted a voluntary and base quiteing of the cause and truth vvhich they vvere bound before God to maintaine vvith their lives and fortunes 4. If it be lavvfull to resist habited notour and compleat tyranny against all appearance of lavv manifestly tending to the destruction of a body of a people or a greater part thereof by hostile furious actions Shall it be utterly unlavvsul to resist notour tyranny yea compleat and habited though not as to re-iterated acts yet as to the ground laid dovvne of a most compleat and habited tyranny against all appearance of divine lavv or just and right humane lavves vvhich should be consonant thereunto tending to the destruction of the Covenanted-libertyes privileges and Religion of the vvhole body of the people and also unto the actual destruction of the libertyes states lives and lively hoods of a great part thereof by hostile furious actions 5. If resistence be lavvful in the case of violent attempts or destruction of all known legall libertyes and the beeing of religion according to lavv Shall resistence in our case be unlavvsul vvhen all the true libertyes of the subjects once established by lavves re inforced by vovves Covennants solemne engadgments and all bonds imaginable and the very being of our Religion as reformed in doctrine vvorshipe discipline and government ratified approved established and confirmed by lavves oathes Covenants vovves and promises vvhich lavves so re inforced vvith oathes protestations attestations declarations solemne vovves and Covenants are by all right divine and humane irrepelable being not only in themselves good and necessary but also becoming hereby sacred vovves to God vvhich must be payed being also fundamentall tearmes of the constitution of the reformed Republick 6. If in the case of Vendition Alienation of and giving the Kingdome to strangers violent resistence be allovved shall it not also be allovved in our case vvhen a land that vvas solemnely devoted consecrated and given avvay to God by solemne vovves and Covenants and the same ovvned approved ratified and confirmed by publick acts edicts proclamations declarations lavves and statutes of plenary and even as to all formalities compleat Parliaments made up of all the Estates of the Realme and the King also is novv treacheroussly and iniquosly forced to depart from their former principles to abjure their former vovves and Covenants to change their God to condemne his vvork and by most abhominable and ever to be-abhorred acts and statutes sold and alienated unto a popish prelatical and malignant faction and designe under vvhich the faithful and true seekers of God's face have and can expect lesse liberty for their consciences then if the whole Kingdome vvere delivered up into the hands of the great Turk Thus vvee see these concessions help our cause vveaken the adversaryes not alittle let us novv proceed to speak to another particular vvhich vvill help us also 2. The authors of Lex Rax and of the Apologetical Relation have sufficiently proved that the late vvarre carryed on by the Parliament of Scotland against the King vvas lavvful both in poynt of lavv and conscience And if that vvas lavvfull as it vvas and shall be found to be vvhen he and all his complices have done their utmost vvith all their lying cavills false calumnies reproaches and vvhat not that Hell can hatch to disprove condemne the same a vvarre raised by the subjects in their owne sin-lesse self
Ambassadours betwixt him and his people then he doth from Kings and Princes and therefore why the Servants of Iesus Christ may not also justly withstand Kings and Princes who this day no lesse offend Gods Majesty then Uzziah did I see not unlesse that ye will say That we in the bringhtnesse of the Evangel are not so straitly bound to regaird Gods glory nor his commandements as were the Fathers who lived under the dark shaddowes of the Law And when Lithingtoun sayd That they only spoke unto him without further violence intended He answered That they with stood him the text assures me but that they did nothing but speak I cannot understand for the plame text afformes the contrary viz. That they caused him hastily to depart from the sanctuary yea and that he was compelled to depart which manner of speaking I am assurred in the Hebrew tongue importeth more then exhorting or commanding by word And when Lethingtoun lastly objected that they did that after he was espyed to be leprous He answered They withstood him before but yet their last fact confirmes my proposition so evidently that such as will oppose themselves unto it must needs oppose themselves unto God for my assertion is That Kings have no privilege more then hath the people to offend Gods Majesty and if so they do they are no more exempted from the punishment of the law then is any other subject yea and that subjects may not only lawfully oppose themselves to their Kings whensoever they do any thing that expresly oppugnes God's Commandement But also that they may execute judgment upon them according to God's Law so that if the King be a murtherer an adulterer or an Idolater he should suffer according to God's Law not as a King but as an offender and that the People may put God's Law in execution this History clearly proveth for so soon as the leprosy appeared in his forehead He was not only compelled to depart out of the Sanctuary but also he was removed from all publick society and administration of the Kingdome and was compelled to dwell in a house apart even as the law commanded and gote no greater privilege in that case then any other of the people should have gote And this was executed by the People therefore yet againe I say that People ought to execute God's Law even against their Princes when their open crimes by God's Law deserves punishment but especially when they are such as may insect the rest of the multitude Thus that worthy Servant of God and hence any may see how this passage doth more then confirme what we are now about to prove 4. They must much more condemne such as arose against Amaziah when he turned away from following the Lord pursued him to Lachish and flew him there 2 Chron. 25 21. Concerning which I shall only set downe what famous and worthy Mr Knox said in that forementioned debate which he had with Lithington The whole people sayes he conspired against Amaziah King of Iudah after that he had turned away from the Lord and followed him to Lachish and slew him and took UzZiah and anoynted him King instead of his father The people had not altogether forgotten the League and Covenant which was made betwixt their Kings and them at the inauguration of Ioas his Father to wit that the King and the People should be the People of the Lord and then should they be his Faithful subjects from which Covenant when first the Father and aftervvard the Son had declined they vvere both punished vvith death Ioas by his ovvne Servants and Amaziah by the vvhole People vvhen Lithingtoun said he doubted whether they did well or not He ansvv It shall be free for you to doubt as you please but where I finde execution according to God's law and God himself not to accuse the doers I dar not doubt of the equity of their cause And further it appeareth to me that God gave sufficient approbation and allowance of their fact for he blessed them with victory peace and prosperity the space of fifty two years after and when Lithingt replyed That prosperity doth not alwayes prove that God approveth the facts of Men. He answered Yes when the facts of Men agree with the law of God and are rewarded according to his owne promise expressed in his law I say that the prosperity succeding the fact is a most infallible assurance that God hath approved that fact Now so it is that God hath pronounced in his law That when the people shall exterminate and destroy such as decline from him that he will blesse them and multiply them as he hath promised unto their fathers But so it is that Amasia turned from God for so the text doth witnesse and plaine it is that the People slew their King and like plaine it is that God blessed them Therefore yet againe I conclude that God himself approved their fact and so far as it was done according to his commandement it was blessed according to his promise And when Lithingtoun replyed againe That he thought not the ground so sure as he durst build his conscience thereupon He answered I pray God that your conscience have no worse ground then this is when soever you shall beginne the like work which God in your owne eyes hath already blessed And if so as is very probable and learned Althus pol. C. 38. n 106. is of the same judgment with Mr Knox we need not trouble the reader with forming an argument thence to our purpose the same being so obvious and cleare that he who runneth may read it CAP. IV. Our Argument from other approved instances and authorities both abroad and at home THis practice hovvever it be novv condemned by a generation of perfidious Prelates and Malignants enemies to the glorious vvork of Reformation from the beginning a company of base Sycophants and Court flatterers as an unparallelable act of rebellion and sedition yet as it as abundantly confirmed by precedents in scripture as vve have seen so is it by the practice of others vvhom none but men of the same stampe vvil condemne and by authorities of Divines abroad and at home as vve shall novv shevv And 1. The history of the Maccabees mentioned in that story is a cleare example of private persons resisting and defending themselves frm the iniquous assaults of the Soveraigne or his Emissaries for when Antiochus Epiphanes was compelling them to forsake God and tyrannizing over them Matthias a priest and his sones made open resistence and afterward Mattathias those with him hearing how Matthias out of an overnice superstition would not fight in their owne defence on the Sabbath day resolving upon all occasions to defend themselves their Lives and Lawes and to take all advantages of the Enemy did accordingly assault them and recovered their Cityes Lawes and Libertyes fighting many battels with good successe And Osiander Enchirid. controv c. 9. de mag pol. testifieth that this was
done by the encouragement and assistance of the Spirit of God And if any should reject this instance as impertinent because they suppose Antiochus was not their lawful Supream Magistrate but only a Tyrant without title let them heare what Grotius de jure belli pacis lib. 1. c. 4. n. 7. sayeth to this Like unto this appeareth that deed of the Maccabees for whereas some think to defend these armes upon this gronnd that Antiochus was not King but an invader it seemeth foolish to me seing in all the history of the Maccabees and of such as took their part they never name Antiochus any thing else but their King and that not without ground for long before this the Iewes had acknowledged the authority of the Macedonians unto whose power and place Antiochus did succeed as to that that the law forbiddeth that any stranger should be set over them that is to be understood of a voluntary election and not of what the people might through necessity be forced to do And whereas others say that the Maccabees used only the right of the people cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deberetur Neither is that solide for the jewes being at first overcome by Nebuchadnezar and subjected to him by the law of warre by the same law they did obey the Medes and Persians who succeeded unto the Caldeans and all this Impire came at length into the hands of the Macedonians hence it is that Tacitus reckoneth the jewes amongst basest of such as served these Assyrians Medes and Persians Nor did they require any thing by stipulation from Alexander and his successours but without any condition gave themselves up unto their power as formerly they had been under the command of Darius And if at any time the jewes were permitted to use their owne rites and lawes that was but a begged right which they had through the indulgence of the Kings but not through any imperial law So that there is nothing that can defend the Maccabees but most imminent and certane danger thus he 2. The constant practice of the Waldensian protestants in Piedmont doth shew that this late practice is not so strange uncouth as adversaryes would give it out to be for they never had a Representative to be a screen betwixt them and the tyranny of their princes and yet how oftintimes have they valiently with stood such as came to oppresse them in goods and lives though cloathed with commission from the princes In the yeer 1580. being persecuted by the Lord of Trinity and their popish Soveraignes they assembled solemnely together to consult how to prevent the imminent dangers and after prayer and calling upon God for his grace and spirit of counsel and direction they resolved to enter into a solemne mutual Covenant and to joyn in a League together for defence of Themselves and their Religion and so accordingly did assist one another in their defence which they did with good successe And that alwayes since whenever they were assaulted by the bloody Emissaries of the Duk of Savoy as any may see fully in their history So that whosoever will condemne the late defence must also condemne these poor oppressed protestants who have no other meane to keen them from utter extirpation but this innocent meane of felf defence and of repelling unjust violence with violence for Bonds Promises Covenants binde their Prince as such obligations use to binde some others viz. no longer then they see it for their advantage Neither have they any Representative Prince or Noble man among them to head their matters but meer necessity puts them to use the best expendient they can and forcibly to resist their oppressing Superiours when they send to spoile them of their goods lives and libertyes 3. Some particular cityes in Germany did defend themselves against the Emperour unjustly invadeing their libertyes and assaulting them as may be seen in the history of Germany particularly the Cities of Madenburgh and Breme 4 So in France the Cities of Montobane and Rochel and the Isle of Ree with stood the King when he was seeking to oppresse them And no man will condemne these for acts of rebellion and sedition unlesse they will also condemne our Kings who at least undertook and offered to help and assist them 5. It was this opposition and resistence of privat persons when tyrannized over by Superiours that hath brought the Cantons of Helvetia unto that state of freedome and liberty which they have enjoyed for many yeers and do enjoy this day being now a free Republick as Simlerus showeth in his history of that Republick 6. But that we may come home we finde some remarkeable instances of this nature which no man in reason who shall condemne this late defence shall be able to defend and to beginne with what may be most recent in our memories In the year 1648. There are two signal Instances The one was that violent resistence used against the Parliaments forces at Mauchlin moor Here was not only a resistence in defence of the truth and cause of God then sought to be borne downe and oppressed by a prevalent Malignant faction in Parliament without the concurrence of conduct of the Representatives of the land but directly against them Here was a defence used by way of resistence by meer privat persons without the company or concurrence of one Noble man And yet a resistence that never was condemned by any to this day expect ingrained Malignants but was approved and commended highly by the Parliament anno 1649. the best Parliaments Scotland did see for many yeers Againe thereafter in that same yeer 1648 The forces of the west Countrey arose in defence of the Cause and Covenant of God and that not only without the conduct of a Parliament but against their resolutions It is true there were some Nobles Parliament-men among them and countenancers of them but these acted not nor could act by vertue of any Parliamentary power but only as privat subjects having by reason of their greater interest in the land a greater obligation to lay out themselves and to improve their authority and influence in the countrey for the good thereof and for the cause of God They had it is true by their places and stations greater influence upon the Countrey and a greater backing and so being leading men were in a greater capacity to defend the oppressed truth but all this gave them no publick Magistratical power nor put them in the capacity of a real and formal Representative and yet all this was afterward approved ratified and confirmed by Parliament as good and necessary service to the countrey and to the cause of God A third notable instance is that Anno 1639. There was then no publicke civil judicatory carrying on that defence but Nobles and others each in their capacity and according to their power concurred for the promoveing of that necessary work of defence They did not acte under the notion of any such judicature nor
either virtually or expresly approved and the worthy actors praised and highly commended as indeed they did deserve 9. None ever condemned these actions as treasonable and rebellious but such as were knowne to be real and heart-enemies to the work it felf no tongues were ever loosed against them except the imbittered tongues of sworne adversaries ingrained Malignants Enemies to God and godlinesse haters of the power of it These and none but these who are of their father the devil durst condemne the same And many hollow hearted professours among whom this Surveyer deserveth to be rekoned were forced against their hearts to approve of the same joyne in with the favourers maintainers of that noble cause so forceable was the light and the power of that Sprit that acted the worthies in these dayes who now have turned open Apostates from that truth and cause have adjoyned themselves unto that ever accursed Popish Prelatical and Malignant faction Yea remarkeable it is that God did so overpower the pen of that Arch-Enemy Spotswood that though he would have said all which Hell it self could have prompted him unto yet durst say no more of these first courses and practices but that they were Violent and disorderly And this Rabshaketh the Surveyer who in the end of his book having reserved the dregs of what he had to exscreate against the work of God and his worthyes until then Pag. 118. c. would out-stripe his predecessours and spevv out his venome like another adder of the same spavvne yet the overruleing providence of God hath so curbed him that he gote not liberty to run the full length he vvould and therefore he sayes We cannot justify all courses that were used then for carrying on the work of reformation and againe if some instruments thereof were guilty of sedition or sacrilege or self seeking and againe if sinful courses were then used by men and againe Pag. 119. Let us not stand superstitiously upon the justifying of all their deeds Who sees not this wicked mans Mouth bridled by the restraineing power of God so that he cannot he dar not plainely and expresly call these courses seditious or rebellious but cometh on with his Ifs and if some instruments and all their courses cannot be justified as if in the most laudable work to which men might have a most cleare call some accidental or circumstantial actions might not abide the test and as if among a company some might not have by-ends while a good work was laudably and lawfully as to the maine carryed on Ay but this good man you will say is mighly in love with the work of reformation and blesseth God for it Pag. 118. 119. True we finde him say so in words but God knoweth his heart But is it not strange that fince he sayeth he approveth the work he will be more blinde then was that poor man in the gospel whom he mentioneth who had his eyes opened Ioh. 9. for that blinde man did see a divine power in the work wrought and said v. 33. If this man were not of God he could do nothing and will not only not see the mighty hand of God in the instruments but tells us he is not much concerned to enquire But what needeth him much doubt of a divine call considering the work it self it 's end the direct tendency of the meanes unto this end the real christian intentions of the instruments which he will not see in the instances he bringeth viz. of the wicked hands crucifying Christ of prophane and unfaithful Ministers preaching of a leprous hand soweing seed of acts of fornication and adultery Why then doth he adduce such Instances so impertinent Wil he proclame himself a fool of the first magnitude in so doing Ay but he would have us following the practices of the primitive christians who never used any undutyful resistence to or violence upon the Magistrats rather then the precedents in these dregs of time But why will he not follow their practices himself Was it their practice to abjure a lawful Covenant sworne for the maintainance of the Truth Was it their practice to renunce their former profession and turne Apostates from the truth which once they avowed Was it their practice to turne their back on Christ and his interest for the will of creatures and for a mease of pottage Was it their practice to change their Religion with the court Concerning the practice of the primitive christians in this poynt and how imitable we shall speak afterward If these were the dregs of time wherein there was so much faithfulnesse Zeal constancy piety singlenesse of heart contempt of the world what dregs of dregs of time are we novv fallen in vvherein there is so much infidelity atheisme perjury falshood lukwarmnesse inconstancy imbraceing of this present vvorld and all sort of wickednesse and prophanity But sayes he Pag. 119. let it be so that much of the way of these who were at first instrumentall in the reformation in this Land were justifiable upon the account of purging the Church from the horrid grossnesse of idolatry corruption of doctrine tyranny and usurpation over poor soulls wherewith the man of sin had for many ages defiled and burdened the poor Church and upon the account of the open hostility to the truth wherein Magistrats then stood together with the inbringing of forraigne furious forces upon us even to the heart of our Land How unlike was the case then to what it is now and how unable is the case now to beare the burthen of a conclusion for such practices as then were used Answ But truely wise judicious Men will not see the case then so far different from what it is now as that the case now shall not be so able to beare the burthen of a conclusion for the same practices Seing there is this day as much horrid grossnesse of idolatry in the Land as hath been at any time these hundereth yeers And as for corruption of doctrine alas Who doth not heare it and see it that heareth these locust-curates preach downe all piety and godlinesse and harden people in defection and apostasy from God It is as great a corruption in doctrine as needs to be to pervert therein the right wayes of the Lord to lead people into the broad way which leadeth unto destruction againe what greater tyranny and usurpation over poor souls would he have then is now exercised since the perjured Prelates the kindely brood of the Man of sinne have defiled and burthened our poor Church The Apology and Naphtaly have abundantly manifested and dayly experience confirmeth it That the tyranny and usurpation is insupportable and as grievous as it was them Moreover is not the open hostility to the truth as manifest in the Magistrats this day as legible by such as run on all their acts and actings as it was then who seeth not this but he who can not see the wood for trees And as for
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
consonant to the word of God and publickly received with all solemnities imaginable notwithstanding of acts and lawes made to the contrary and no true Christian will say That subjects should imbrace any Religion which Magistrates will countenance and prescribe be what it will or upon that account 2. As they were thereby declareing their soul abhorrence of these corruptions which were countenanced and authorized by sinful acts and statutes so they were defending to the utmost of their power the reformed Religion according to their Covenant and vow to God And that such a defence as this is lawful we have shewed 3. They were defending themselves against intolerable and manifestly unjust violence offered because of their adhereing to the cause of God and to the reformed Religion which King Parliament and all rankes of People in the land were solemnely sworne to owne and avow all the dayes of their lives really sincerely and constantly as they should answere to God in the great day no lesse then they 4. They were mindeing their Oath and Covenant made with God with hands lifted up with solemne attestations and protestations the Covenants which they did make and renew in the presence of Almighty God the Searcher of all hearts with a true intention to performe the same 5. They were endeavouring in their places and stations according to the latitude allowed in times of such necessitie and in matters of such weight and moment to have the Church and Kingdome purged of these abhominable and crying corruptions and grievous abhominations which provoke the Lord to wrath against the whole Church and Kingdome 6. They were defending the maine fundamental law and constitution of the Kingdome and that maine article of Agreement and Compact betwixt Soveraigne and Subject which all the members of the Nation were no Lesse bound unto then they 7. They were joyning together as detasteing that detestable indifferency and neutrality abjured to defend and assist one another in the same cause of maintaining their reformed Religion with their best counsel bodyes meanes and whole power against the old inveterate and Common enemie that malignant spirit and rage according to their Covenants 8. They were repenting of their National sin in complying by their sinful silence not giving open faithful and faire testimony when the Truth of God was openly and violently trode under foot with that dreadful course of backslideing which was violently carryed on They were calling for justice and valiently pleading for truth sinfully and tyrannically borne downe and oppressed They were with zeal and courage valiently interposeing labouring to put a stop to the begun and far-carryed-on defection when truth was failing and he who depairted from evil made himself a prey that God might pardon and look in mercy on the land They were endeavouring to stand in the gape and make up the hedge and pleading with their Mother Church or a malignant faction in her shamefully departing from God when there was no other way or meane to be followed or essaved When all these things are duely considered and laid together It will appeare to impartial and unbyassed persones That the late act which is so much condemned and cryed our against is not so hainous and unpardonable a crime as this Surveyer and his wicked party vvould give it out to be but vvas a noble and laudable interprize for the glory of God the good of Religion Church and Kingdome beside that it vvas a most necessary and unavoydable act of self defence Since the Scriptures formerly cited vvill allovv more unto private persons then vvhat this Surveyer restricketh them unto as vve have shevved in a time of defection Then vvhen there vvas no other vvay left to do these dutyes there required and vvhen vvith all several other things did call aloud to a mutual conjunction in armes for defence of one another and repelling of unjust violence and prosecuteing the holy and necessary ends of the Covenants vvhich they svvore no man in reason can suppose that such a vvork is repugnant to Scripture or right reason but rather most consonant to both And though many do and will condemne the same even as to this interprize of Reformation upon what grounds and motives themselves best know yet Our worthy and Noble Reformer famous Mr Knox if he were living this day would be far from speaking after the language of such For he in his appellation Pag. 22. c. hath these words The second is that the punishing of such crimes as are idolatry blasphemy others that touch the Majesty of God doth not Appertaine to the Kings and chief rulers only but also to the whole body of the People and to every member of the same according to the vocation of every man and according to that possibility and occasion which God doth minister to revenge the injury done against his glory when that impiety is manifestly knowne And that doth Moses plainly speak Deut. 13 v. 12 13 14 15 16. in these words if in any of the cities c. plaine it is that Moses speaketh not nor giveth charge to Kings Rulers and judges only but he commandeth the whole body of the People yea and every member of the same according to their possibility And who dar be so impudent as to deny this to be most reasonable and just for seing that God had delivered the whole body from bondage and to the whole multitude had given his law and to the twelve Tribes had he so distributed the inheritance of the land of Canaan that no family could complaine that it was neglected was not the People and every member addebted to acknowledge and confesse the benefites of God Yea had it not been the part of every man to have studyed to have keeped the possession which he had received Which thing God did plainly pronounce they should not do except that in their hearts they did sanctify the Lord God that they embraced and inviolably keeped his Religion established and finally except they did put away iniquity from amongst them declareing themselves earnest Enemies to these abhominations which God declared himself so vehemently to hate that first he commanded the whole inhabitants of that Countrey to be destroyed and all monuments of their idolatry to be broken downe But in such cases Gods will is that all creatures stoup cover their faces and desist from reasoning when commandement is given to execute his judgement Albeit I could adduce diverse causes of such severity yet will I search none other then the holy ghost hath assigned first that all Israel hearing of the judgement should feare to commit the like abhomination and secondly That the Lord might turne from the fury of his anger might be moved towards the People with inward affection be mercyful unto them multiply them according to his oath made unto their Fathers Which reasons as they are sufficient in God's children to correct the murmuring of grudging flesh so ought they to provoke every man as before
forth unto us and pitch upon as the peccant and procureing cause 7. Though we could not satisfy wrangling wits touching the equity of this which yet the common and ordinary practice of men forfaulting a whole posterity for one mans transgression will not suffer us to account insolent yet we ought to rest satisfyed with what is clearly and undenyably held forth in the word and beleeve that for these causes such and such plagues were inflicted upon distinct and different persones because the spirit of truth sayeth so 8. As all Scripture was given by the inspiration of God and is profitable for doctrine for reproof for correction for instruction in righteousnesse that the Man of God may be perfect thorowly furnished unto all good works 2 Tim 3 v. 16 17. So these particular passages so particularly described are written for our learning Rom. 15 ver 4. and are out examples that we should not do as they did 1 Cor. 10 v. 6. and are written for our admonition 1 Cor. 10 ver 11. And therefore we must not look slightly upon them but ponder then narrowly as so many documents given us for our use and instruction and particularly that we may take warning to prevent such evils Now let us hear what the Surveyer sayeth Pag. 51. He layes downe two assertions 1. That no man is involved in divine judgments and punishments for the sinnes of others as the deserving cause of his punishment if he be no way accessory to these sinnes of others 2. That no private Subject is accessory to the sins of Rulers nor involved in the punishments of the same meerly upon the accouut of his tolerating the sinnes or not violent resisting the Magistrate in his sinful courses Answ Not to enlairge on these now because of what he is to say in explication of these we are then to speak I would only at present enquire 1. What accession had the army of Israel which was defate by the Men of Ai a stroke which made Iosua rent his cloaths and fall upon his face to the Earth until the even tyde he and the elders of Israel and put dust upon their heads unto the sin of Achan And why doth the Spirit of the Lord say Ios. 7 v. 1. That the Children of Israel had committed a trespasse in the accursedthing And againe ver 10 11 12. And the Lord said unto Iosua Get thee up wherefore lyest thou thus upon thy face Israel hath sinned and they have also transgressed my Covenant-for they have taken of the accursed thing-and they have put it even amongst their owne stuff Therefore the Children of Israel could not stand because they were accursed neither will I be with you any more except yee destroy the accursed from amongst you Though we can learne of no accession which they had unto this particular fact yet we see the whole body is punished as guilty and must be legally purified and sanctified and purged from that contagion 2. What accession had all these who suffered in these three yeers famine which was in David's dayes unto that bloody act of Saul and his house which was committed many yeers before thousands of these who suffered therefore knew the right hand from the left or were borne possibly 3. What accession had the children unborne to the third and fourth generation unto the sinnes of their forefathers and yet the holy Lord thinks good to visite their iniquities on them 4. What accession had the People unto David's sin of numbering the people doth not David himself say 2. Sam 24 ver 17. But these sheep what have they done But let us heare how he explaineth this A certane thing it is sayes he that God doth not properly punish any man but in reference to his owne personal sins as the deserving cause of the punishment albeit he may and often taketh occasion in his wise providence to punish men for their owne sinnes from the sinnes of others and in that only sense they may be said to be punished for the sins of others But every soul suffers for his owne sin Divine justice finding causes of punishment in every one that is punished either their personal accession to the sinnes of others which is their owne sin or else some other sinnes for which he may in justice inflict the punishment upon them albeit the impulsive cause or occasion rather for punishing in such a manner and time c be from the sinnes of others Ans 1. Though vve desire to be vvise unto sobriety in this matter and not to meddle vvith matters beyond our reach yet vve think it saifer to speak in the language of the Holy Ghost then in the vvords of this Surveyer vvho giveth us no Scripture for vvhat he sayes The expressions of Scripture hold forth some thing more then a meer occasion It semeth strange to say that Ahan's sin should have been only an occasion of that discomfiture when the Spirit of the Lord sayes that Israel had sinned and therefore could not stand before their Enemies because they were accursed and that till this accursed were taken from amongst them he would not be with them any more 2. He vvould do vvell to explaine to us vvhat he meaneth by a proper punishment and vvhat is the opposite tearme thereunto 3. We grant divine justice findeth deserving causes of punishment in all in whom is original sin but vve suppose that vvhen that is not mentioned as the procureing cause of such a stroke but the sin committed by another vve ought to look on that mainly as having a procureing causality in that affliction 4. How ever we see he granteth one may be punished for the sin of another or upon occasion of the sin of another as he loveth to speak to which he hath no personal accession 5. If these sinnes of others were only the occasion of punishing in such a manner or time how cometh it that the very punishment it self is removed upon the taking away of that sin according to God's appoyntment and God is pacified toward the whole as he was vvith Israel vvhen Ahan vvas killed and Seven of Saul's sones hanged up 6. But whether vve take these sinnes of others as impulsive causes or occasions of such punishments This is cleare That if these sinnes had been prevented these punishments had been prevented also so that if Saul had not gotten liberty to have staine the Gibeonites in his bloody rage contrare to oath and Covenant these three yeers famine had not come And if David had been hindered from numbering of the people and had not gotten his vvill these Seventy thousand had not died then as they did And seing no other cause or occasion is rendered of this it vvould clearly warne all in a Community and Society to labour by all meanes according to their power and places to hinder the Committing or removing when committed of these sinnes which bring heavy plagues on the Community The Dutch Aunot on 2 Sam. 21 1. say that
blood by Magistrates bringeth judgement on the Subjects for Ieremiah sayes that if they should have killed him they should have brought innocent blood not only to themselves who gave out the sentence and did execute it but on the whole city and on the inhabitants thereof To this he hath many words Pag. 55. but little answere The summe is this for it were wearisome to transcribe all his needlesse tautologies and repetitions which if taken away his pamphlet of a 120 pages might be reduced to 20 All who were defiled behoved to be accessory either by doing or not hindering what they were called and capacitated to hinder which was not by violent resistence nor doth the Prophet meane that all the absents should be guilty and properly deserve Gods wrath upon that account but only that the actors and such as were accessory should be guilty and others should upon this occasion fall under wrath though for other sinnes and yet the judgment on the People might be a punishment to the Rulers for that same particular sin for God may punish Princes or Fathers in the punishment of Subjects and Children and yet these same Subjects and Children have no reason to quarrel with God or to say as it is Exech 18. v. 2. Answ We grant God may and doth punish Princes and Parents in their Subjects and Children and That these same Subjects and Children so punished have no just cause to say that their Fathers have eaten sowre grapes and that their teeth are set on edge as if there were no sin in themselves But that God may not visite the iniquities of the Fathers upon the Children who have not formally acted these evills nor consented thereto we dar not peremptorily assert against so many clear scriptures 2. Sure this place seemeth to hint something else then that this sin of shedding Ieremiahs blood should be an occasion of God's visiting the City for their other sinnes For he sayes you shall bring innocent blood upon this city so that by this Murther they should have brought innocent blood as well on the other inhabitants as on themselves who were to be actors the text maketh no difference 3. If the People here had done all which in their calling and station they were capacitated to have done for hindering of this sheding of blood they would have hindered it effectually and further violent resistence was needlesse If a wicked Magistrat should condemne an innocent person and make this his sentence that he should not have the benefite of a lodging within the land The People need do no more to resist the Magistrat's unjust sentence but notvvithstanding thereof receive the innocent into their house and intertaine him friendly And still vve say the People vvere to do all that lay in their povver to hinder innocent blood to be shed that so innocent blood might not be laid to their charge And in so far as they came short in this they made themselves guilty be accession notvvithstanding of any thing he hath said The next place he speaketh to is Deut. 13. vvhich vve have already vindicated and must observe this further That in all his long ansvvere he speaketh nothing to that vvhich novv vve are upon viz. the hazard that People in such a case are into both of sin and of judgment if effectuall course be not taken to suppresse idolatry and apostasy from God and to put that crying evil avvay from amongst them For v. 17. it is clearly held forth that till this city and all which was within it was rooted out the Lord would not turne from the fiercenesse of his anger nor shew them mercy nor have compassion upon them nor multiply them as he swore unto their Fathers So that their not doing their utmost to execute this sentence of God made them lyable to the constant abideing of the fierce anger of God upon them and closed the door of Mercy and compassion so that they could not expect the blessings promised and Covenanted Then Pag. 59. he cometh to speak to Ios 22 ver 17 18 19. and tells us That they were not private persones that transacted that businesse with the Children of Reuben for the body of the People concurred with the Magistrates Supreame and Subordinate What makes all this for the encroachment of meer private persons upon the use of the Magistrates avenging sword Answ It is true the Magistrates and major part of the People were here concurring but why doth he not take notice of the words cited by Naphtaly which clearly hold forth the end of his adduceing that passage If yee rebel to day against the Lord to morrow he will be worth with the whole congregation of Israel which do clearly hold forth that the defection of a part though a minor part will bring wrath upon the whole Nation aud Society And may not any see hence That each are to concurre in their places and stations according to their povver to prevent this defection or to remove it even when the major part is infected with it yea even though Magistrates should be remisse and should rather encourage then discountenance such rebellion against God Seeing the reason holdeth à fortiori for it upon the defection of a minor part wrath will come upon the whole much more will wrath come upon the defection of a major part and of the Magistrates too And therefore if in the former case private persons be bound to concurre with Magistrates for rooting out of that provoking sin of a few then it cannot be unlawful for private persones in this later case to do what they can to stirr up Magistrates to their duty if it be possible and to prevent their owne destruction from that wrath of God kindled against all and to remove the provokeing cause of that anger And as we have said they may take an effectual course for this without encroaching upon the use of the Magistrate's avenging sword or exercing any formall Magistratical power The next place he speaketh to is Iudg. 20. where Israel warreth against Benjamin because of a notorious crime acted there and countenanced and defended by that whole Tribe to the end that such a crying abhomination might be purged out of the land To which he answereth in short to let passe his unchristian jibes thus Though this was when there was no King in Israel yet it is likely they retained somewhat of their Sanhedrin appoynted Deut. 17. which in such a horrid case might draw together in an extraordinary meeting It was the body or the major part of the People that useth the sword against the lesser which maketh nothing for the minor parts using the sword to punish Magistrates the major part of the People also Answ Though I should grant that they retained yet something of the Sanhedrin yet in all this passage there is no mention made thereof but it is said v. 1. That all the Children of Israel went out the Congregation was gathered together as one Man to Mizpeh
pleased to doe what he alledgeth Naphtaly and his complices had a minde to do The first question which he speakes to Chap. 1. Is touching the dissolving of humane societies which in some cases politicians will yeeld to see Althus pol. c. 38. n. 76. And the thing he driveth at is to fasten on the honest party a resolution and designe to dissipate and dissolve the immemorially setled frame as he loveth to speak Pag. 9. of that Nation and Kingdome which through divine providence hath in many generations subsisted under our lawful Soveraignes for the common benefite of subjects at home and to the honour and renown of the Nation abroad yea and to the glory of divine providence which hath through many stormes in several ages preserved us in this comfortable constitution And this he deviseth of his owne wicked heart of purpose to make these cordiall lovers of Religion and of their Countrey hateful to all the world if he could and therefore he would represente them as men of strange principles purposes But wo to such as make lyes their refuge This man thinketh to make the King glade with his lyes but we know that the mouth of such as speak lyes shall be stopped But sure one would think that he behoved to have some clear ground to walk upon in asserting this of us and especially when he is at the paines to spend a whole chapter to confute it And yet vvhen he hath rambled up and downe that book of Naphtali to seek out a ground for this assertion he can not adduce any one sentence that even with half an eye doth look there away except one which yet hath no such designe or import The sentence is this Pag. 150. That through the Manifest and notorious perversion of the great ends of Society and government the bond thereof being dissolved the persons one or moe thus liberated therefrom do relapse into their primeve liberty and privilege and accordingly as the similitude of their case and exigence of their cause doth require may upon the very same principles againe joyne and associate for their better defence and preservation as they did at first enter into Societyes For clearing of which these things would be observed 1. That the author there is only adding a few observations to cleare the innocency of these noble witnesses who died owneing the interest and cause of Christ and to shevv hovv free they were of the crime of rebellion with which they were charged Now all know that as these worthies had no designe of erecting themselves into a distinct common-wealth nor to make such a civil politick separation from the rest of the land so the way which they took did directly tend to have the whole land united unto God and among themselves as one for God and to God in the bond of the solemne league and covenant Had they designed such a separation they behoved also to have chosen more apposite fit meanes then these were which they did use as any of halfe a judgment may perceive 2. That as the maine and only designe of these worthies was to defend themselves and their Covenanted Religion from manifest oppression and tyranny and to have the land recovered from that wofull course of backsliding and departing from the Lord whereof it was guilty and wherein it had lyen for many dayes So This author is only clearing their innocency as to that and therefore in the first observation Pag. 147. He cleareth the native ground of self preservation and in the 2. How the perverting of the ends of government doth not destroy this native right but that then people are as free to defend themselves as ever even against the oppressing Powers who in that case according to King Iames his testimony and practice become Tyrants and are to be resisted and in the 3. How all powers are obliged if not expresly yet tacitely to walk in a due subordination to God and to prosecute these great ends of government and particularly in the 4. How our king is bound by the lawes of the land and by his coronation covenant oath to Rule for God and the good of the People And in the 5. How all even the most Malignantly affected would assent to this as an undoubted truth in their owne particular cases And cometh in the 6. Place to the words cited which must have the same import and tendency to wit to clear the innocency of private persons self-defence and defence of Religion when the powers which should minde and study according to their place power to promove the great ends of society and government viz. the glory of God and the good of the Subjects in soul and body do manifestly and notoriously pervert these ends and preferre themselves and their owne lusts unto the will and glory of God and to the good of the People The same is also cleare from the following observations which do manifestly poynt at the clearing of people being bound in duty to defend themselves and their Religion conforme to their engagements vowes and Covenants which still stand in force notwithstanding of any thing done to the contrary of late in their acts rescissory and condemnatory 3. The very words themselves to any who is not utterly blinded with prejudice can import no more then that when through the notorious and mainfest perversion of the great ends of society and government the bond thereof is dissolved and the persons now relapseing into their Primeve liberty and privilege may no lesse now joyne and associate together to defend Themselves and their Religion then at first they entered into societes For as their entering into societies was for this end and their setting up of Magistrates over themselves was for this end so when the Magistrates crosse their end and rule and thereby annul the relation or make it invalide for the ends they may joyne together now for these ends as they might have done before the formal institution of Government And who can deny this to be a truth Or who can hence inferre but he who is of a perverse spirit and for his perverse ends seeketh to pervert all things that he pleadeth for the lawfulnesse of Peoples crumbling together in lesser fractions and petty commonwealthes 4. Suppose the words should be capable of that glosse ' which the Surveyer putteth upon them yet as they lye connected with what preceedeth and with what followeth they can at most be but a Medium for proving the intended conclusion and so must be considered as founding an argument a Majori ad minus from the more to the lesse to this purpose if when through the manifest and notorious perversion of the great Ends of society and government the bond thereof is dissolved and persons relapse into their primeve liberty so that according as the similitude of their case and exigence of their cause requireth upon the same principles they may againe associate and combine into new and distinct Societies and Commonwealthes
standers or that his manifest unchristian dealing may help to open the eyes of such as he labours to delude and bring them to abhorre his way or that the really Religious and righteous dealings of Church and State may more forcibly put him to silence then words or writings can It had been indeed more advantagious to the King's cause and lesse dishonourable to himself to have been silent then thus to have letten out waters to the King 's great prejudice and his owne discredit If he had any expectation that the Man's conscience would have confuted him in most of his assertions why did he hinder that work by confirming him in the truth of his assertions by his weak and foolish replyes Praestat otiari quam nihil agere and why did he not more manfully discover these unchristian dealings the better to undeceive such as he supposeth were deluded What are these manifest unchristian dealings of his Sure the event hath and shall furder we hope declare that his owne dealing hath been much more manifestly unchristian by labouring to blinde the eyes of such as savv before But I suppose he may talke at leasure of his proselyts When the really religious and righteous dealings of Church and State shall forcibly confute what is there said we know not Sure when ever their actions become really Religious and righteous they will condemne his pamphlet to the fire and himself to the correction-house and approve of all which is said in Naphtaly Sometimes sayes he keeping silence is seasonable the Man according to God's owne heart would not suffer Shimei's revileings to be repayed upon the head of that dead dog Hezekiah discharged to answere a word to railing Rabshakeh Ieremiah the Prophet contradicted by the false Prophet Hananiah went his way and said nothing The wise Solomon forbids to take heed to all words that are spoken and to answer a fool according to to his folly The Lord of Kings and Prophets sometimes answered not his accusers a word True sometimes silence is not only seasonable but 〈◊〉 and so would the Kings cause have found it now and by his answering not withstanding of what he here sayes it would seem that Naphtaly is no Shimes Rabshakeh Hananiah nor fool nor an enemy to Christ Or that the King is not like the Man according to God's heart nor like good Hezekiah Nor is this Pamphleter like Ieremiah nor hath follovved either Solomon's advice or Christ's example But I see not why both may not be true Yet furder So it seemed fit to let alone an insolent and forward railer and mocker and not to lavish out precious time which might be better bestowed upon one that gives such visible evidences both of a reasonlesse and unchristian Spirit whose libel may be reckoned amongst the things quae spreta exolescunt and worthy to be answered with nothing but silence contempt Then it seemeth he expecteth a reward also from the Author of Naphtaly for lavishing out so much of his precious time to keep in memory such a book which if he had miskend would have dyed out of minde and which he hath honoured with another answere then silence but all the reward he can expect will be but par pari referre payment without putting any thing in his purse and yet a payment in his owne coine Then to him it is a lavishing of precious time to maintaine the King's cause it seemeth also that he hath lavished out much time upon it and what will not money do The gredy gapeing after which will make a Man not only lavish out precious time needlesly But also put honour and respect on what he accounteth worthy of contempt 10. Let us see what did preponderat and bring this tossed Man to a firme resolution and determine him to bring this brate to light this product of his ill composed heart and not well tempered braine Upon the other hand sayes he it seemed something hard especially in such a distempered time to suffer an insolent person in whose mouth is a rode of pride to cast the truth downe to the ground without control and to tread upon and triumph over a holy and righteous cause and upon honourable persons of all ranks engaged in the maintainance thereof in so abusive despiteful and intolerable a way and not give him any check Not to put some stop to this furious driver who againe and againe assaults this Church with vile lyes and reproaches looked like the betraying and deserting of an honest and honoruable cause or like the hirelings seeing the Wolfe and flying and leaving the flock to be destroyed with delusion fugisti quia tacuisti There is an evil silence that leaves Men in sin as well as an evil speaking that leads Men to sin and we are not only to give an account pro atio so verbo but pro otioso silentio for idle silence when God and the publick necessity of the Church or Society whereof we are members Calleth for a valiant not brutishly violent and forcible way such as this mans pleads for and rational contending for the truth It is sinful pusillanimity and not warrantable prudence to see truth fall in the streets and not lift it up And verily this man seems to be amongst these of Whom Solomon sayes Prov. 26 v. 5. who must be answered lest he seem wise in his owne conceite and to be amongst these Tit. 1 v. 10 11. unruly and vaine talkers and deceivers whose mouths must be stopped that the gangrene of his words may not creep further to the consumption subversion of Church State Faire words ad faciendum populum qui si decipi vult decipiatur But he hath this disadvantage that few that know him will beleeve that these or any of these are the true cause of this undertaking But that rather vvhich he thought good to conceale viz. The Three hundereth pound sterling brought to him by the greater rogue the better rewarded Ia Sharpe deceiver of that ilke for if these things here mentioned had been his end and motive why was he feared that this should have wronged a well composed heart and Should not have been a honouring of God in his station but a needlesse lavishing out of precious time which might be better bestowed Nay there was reason for all this for whether he saw it or not he who together with his complices distempered the times and all things in whose mouth there being a rode of pride did insolently cast the truth downe to the ground as they could and endeavoured to tread upon and triumph over a holy righteous cause and all the maintainers thereof in an abusive despiteful and intolerable way and laboured to lift up an exploded depised and cursed falshood once dethroned with shoutings and great exclamations of joy but we have seen his horns have been but short He is truely as the sober vvill judge the furious driver who againe and againe doth assault the true Church and cause of God with lyes