84. Where all these are abundantly confirmed Now it is not our to all who consider either what they did or what was enacted by them and stands registrated to all generations how the late Convention which hardly can be accounted a lawful Parliament not only came short of their duty in these particulars but stired a direct contrary course as we shall shew in a few words For 1. So far were they from maintaining that compact and Covenant which was betwixt the King and the People That they declared these Covenants and engagements null declared the very Parliament and committees that called him home and crowned him null condemned the very transactions that were had with the King before he came home 2. So far were they from keeping the Prince within his bounds and limites That they screwed up his prerogatives to the highest peg imaginable and did investe him with such an absolute unlimited and infinite power that he might do what he pleased without controle 3. So far were they from hindering him from transgressing the lawes of God That they concurred with him to enact lawes diametrically opposite to the Law of God to condemne and overturne the work of God To set up an abjured prealcy and force conformity thereunto beside other acts which they made to hinder the course of justice 4. So far were they from hindering him from violating the wholesome well setled and established lawes of the land that they concurred with him to overturne these to the great losse and detriment of the Nation 5. So far were they from preserving the rights of the Kingdome That they made a voluntary and base surrender of these unto the pleasure and arbitrement of the Prince in annexing to the crowne The sole choise and appoyntment of the officers of State and privy Councellers and the nomination of the Lords of Session in dischargeing all meetings Councels conventions or assemblies of the People without the King's command or expresse license In giving away to him as his right the sole power of raiseing the Subjects in armes of commanding ordering disbanding and otherwise disposeing of them And of all strengths forts or garrisons within the Kingdome all which politicians will grant to be the proper native rights of the Kingdome 6. So far were they from hindering the execution of his unjust decrees and mandates that whatsoever he pleased to command was by them imbraced yea and fortified strengthened and corroborated and put into a standing law how dishonourable so ever it was to God how repugnant to equity and reason and how noxious soever it might prove to the Nation 7. So far were they from desending the Libertyes and Privileges of the People that they basely gave them away by denying them to have any power to defend themselves against manifest oppression or power to call Parliaments or other meetings for their advantage in cases of necessity by giving away to the King yeerly fourty Thousand pound Sterline to the impoverishing of the Nation and redacting it to slavery And by Tendering unto him all the lives and fortunes of the subjects to maintaine his interest and offering Twenty Thousand foot men and two Thousand horsemen sufficiently armed and furnished with fourty dayes provision to be in readinesse as they shall be called for by his Majesty to march to any part of his three dominions for any service wherein his Majesties honour authority or greatnesse might be concerned Which how ever it may be coloured with specious pretexts yet al circumstances considered was nothing but a real mancipation of the liberties of the People unto the will and pleasure of a Prince 8. And so far were they from calling the King to any account and from impedeing Tyranny that in effect they declared the King exempted from all such tryal or examination and that he might exerce what tyranny and oppression he pleased without controle For they gave unto him absolute and unlimited power over all persones and in all causes They declared him to have absolute power to call hold prorogue and dissolve Parliaments and Conventions and Meetings of the Estates And That no acts sentences or statutes to be past in any of these meetings can be binding or have the authority and force of lawes without his authority and approbation interponed at the very making thereof 2. It is notour to all who read their acts How they have enacted and concluded things most unlawful and unjust repugnant to the Law of God and right reason Condemning Solemne Covenants sworne by all rankes of People in the land in the most solemne manner introduceing abjured Prelates Establishing tyranny in the Church condemning and razeing to the fundation the Covenanted work of God enjoyning a conformity unto corrupt courses pressing perjury and Apostasy by forceing all in publick places and others to subscribe declarations and oathes contrary to their former sacred and inviolable Covenants and oathes made to God 3. By confirming ratifying and approveing these courses of Apostasy and defection and establishing these into lawes and binding and forceing the People unto obedience by their irrational and insupportable penalties annexed They have laid downe a constant course for tyranny and oppression of the People in Estates bodyes and consciences without all hope of remedy or redresse 4. As Parliaments with us are not constant and fixed courts but ambulatory and occasional so they have laid downe a course that we shall never have a Parliament that shall redresse the wrongs injuries oppressions and tyranny of Princes or heare the just grievances of the Subjects For when the Prince oppresseth the People and turneth a Nero and a Caligula there shall be no remedy because they have given him absolute power to call Parliaments and who can expect he will call a Parliament in that case or if he do call he hath absolute power to raise them and dismisse them when he will and is it probable that he will suffer them to sit when they are doing any thing against him Or if he should suffer them to sit what can they do None of their sentences or acts have power unlesse he will add his authority and will he ratify or approve any thing that is against himself and his tyrannous will Beside that they have denuded themselves of all power of suppressing tyranny by declareing his power so absolute and infinite as that no bounds can be set unto it no power can suppresse his tyranny or call him to an account 5. Not only have they laid downe a course that we shall have no Parliament to interpose for the relief of the People to suppresse Tyranny But also they have laid downe a course that there should be no Magistrats in shires or brughs that should help according to their power and place the oppressed and grieved Subject and concurre for their relief Because all such ere they be admitted to their places must conforme unto this abhominable course of defection and by subscribeing declarations Binding themselves by oaths
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 deâ—â—â—strate by â—any Argumâ—â—ts Being a 〈◊〉 Reply to the first paâ—â— 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 Judaâ— 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 deâ—â—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 constituâ—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 theiâ— 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
the edge of the hill by sheep-rodes so that there was no accesse to pursue by horses but a party of foot was commanded to follow the pursute whereupon the Enemies horses were forced to quite their ground and betake themselves to other ground no lesse inaccessable by the honest party After near two houres the Enemy perceiveing that neither party could approach to other as they stood because of a precipice betwixt them came towards a plaine at the foot of the hill and drew up in battalye The honest party now seing that the Enemy was willing to offer battel and that if they should withdraw the Enemy would be encouraged and many of themselves unavoidably discouraged if they should delay till tomorrow the sun being now near setting feared that many should fainte flee away in the night time and others should be lesse able to fight thorow hunger cold seeing no way how to relieve themselves with necessaries at that exigent resolved to imbrace that occasion see what the Lord of Hosts would be pleased to do and therefore resolved after prayer to draw off the hill towards the Enemy keeping still what advantage of ground they could when thus they have approached the Enemy send forth a troup which was rancountered with another of the honest party and beate into their body somewhat as some think inconsideratly upon the part of the pursuers Thereafter the Enemies send off another party to relieve the former which was met with by another of the Honest party But with some disadvanvaâ—tage to the Honest party because they were to approach neare unto the very body of the Enemy ere they could prove a reliefe unto their â—ormer party Yet through the help of the Lord they made their made their adversare-party flee shamefully The enemy perceiving how they had been beaten three times in end in fighting by partyes and seeing how the strength of the Honest party stood in those troups which had not as yet rallied nor returned to their ground in order advanced with their whole body of horse in a full breast with a pretty gallop upon the two troupâ— as they were scattered and drave them back upon the body and thus the only wise God who doth all things after the councel of his owne will ordering it in a short time broke them all And yet it is observable that moe were killed by the countrey men in their escapeing then on the fields The Enemy stayed on the fields all night and buryed their dead who were not a few The prisoners which were taken were carryed into Edinbrough and though by these in power in humanely enough used yet by some whose labour of love both towards the dead on the fields to the prisoners the Lord will not forget tenderly provided and cared for though in a clandestine way Of these prisoners who were taken on the fields others afterward apprehended by Countery men there were Six and Thirty or thereby publickly hanged at Edinbrough Glasgow Aire and other places and their heads and other members of their members of their body are upon poles unto this day to keep the memory of this Noble exploite fresh upon the Hearts of the Godly I shall not further recapitulat what is said concerning this by Naphtali Only I would say this That though many might have been tempted to think possibly the Enemy might have imagined That now their cause was confirmed with a witnesse the honest patriots condemned by God the righteous judge yet after experience made it appeare that the honest cause was never more confirmed then by the death and sufferings of these whom they cruelly murthered as traitours and rebels The Lord so visibly owneing them to the conviction of on lookers that they were no more afrayed of death then of a quiet rest in their beds being ascertaned of the Lord 's accepting of them and their weak endeavours to restore the Kingdome however He who is wise in counsel thought it not for his glory to prospere them in their undertaking at that time And this very consideration did much help to restraine the remainder of the wrath of the adversary who were so enraiged that few thought they should ever have sisted till they had executed all who were their captives Yet the generation of the prelaticall and Malignant faction judicially hardened by this dispensation because as so many carnal sensualists if they beleeve at all that there is a God they measure him and his wayes by their owne yaird and judge of his approving or disproveing of actions by outward dispensations to whom I shall say no more but Careat successibus opto quisquis ab eventu facta not and a puter did not cease to â—ant after the determinations of the cruel bloody Council and cry out upon those Noble and worthy patriots whose memory shall be in everlasting remembrance as Traitours and Rebels justely condemned and executed Whereupon the author of Naphtaly thought himself called of God to write in justification of these innocents And because he saw it was the same Spirit of madnesse and malignnancy which had raged against the work of Reformation from the very beginning that did act those in power against these worthies and that there was no material or substantial difference betwixt the way which these late worthies took and the way which our fore-fathers in the valient maintaineing the interests of Christ and promoveing the work of Reformation in our land had followed in their generation therefore he thought it necessary and useful to make a cleare deduction of the opposition which that poor Church met with at the hands of a Popish Prelatical and Malignant faction And of the constancy valour and Zeal of the Lovers of God and of his interest in adhereing thereto and maintaineing the same against all the rage and fury of the adversary of the Lord's blessing their Noble endeavours with special and remarkable successe And all alongs did clear their innocency and vindicate them from the aspersions that wicked Enemies could lay against them and their actions from such objections as wickednesse it self did or could make against them And at length after a clear representation of the furious genius of the Malignant Apostat generation of this age by their publick and avowed acts and actings and of the sad calamities which the honest adherers to the cause and Covenant of God hath suffered did shew the rise and progresse of that loyal interprise and did fully vindicate the actors therein from the crime of Sedition or Rebellion with which they were most unjustly charged and for which cruely and tyrannically executed But the Mensworne generation of prelatical Apostats finding themselves nearly concearned in that affaire thought it of their concernment to try what could be said in defence of this tyranny exerced mostly for them and at their instigation set some on work to write against that book And therefore they published to the world The I. Part of a
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
they being properly exnatur a rei and ex institutione instituentium intentione ordained and appoynted for the greater faifty and good of the people And therefore if the Representatives betray their trust the People in so far are as if they had no Representatives and may no lesse defend themselves in extreame necessity then if the officers of their army whom they had chosen and appoynted to defend them against an invadeing enemy should revolt to the enemy they might lawfully rise up in their owne defence and oppse the adversary 7. The law sayeth that deterior conditio domini per procuratorem fieri non debet L. ignorantis ff de procuratoriburs The procurator or advocat his knavery cannot prejudge the Client or wronge his cause And why then shall the perfidy of the peoples Representatives or their betraying of their trust wronge their cause and prejudge them of their just right 8. All will grant That it is as lawful for an oppressed people to defend themselves from the injuryes of a Parliament as from the injuries of a Soveraigne if not more and if it be lawfull for a people to defende themselves against the Tyranny of a Parliament as is more then sufficiently proved by all such arguments as have hitherto by any been made use of to prove it lawful to resist a Soveraigne oppressing and tyrannizing no man of common sense will deny it lawful to a people to defend themselves against oppression and tyranny when they but want the concurrence or countenance of these Parliaments 9. If any should allaige that this is against the law of the constitution of the Kingdom We know no such law beside that though there were any such yet necessity knoweth no law and in cases of necessity such lawes are not to be observed sayeth the law L. ut gradatim § I. de muner honor The lavves of nature are irrevocable and cannot be rescinded by municipal lavves for the lavv tells us that civilis ratio jur◠natur alia corrumpere non pote st L. eas oblig D. de cap. privat Novv the lavv of nature allovving self defence against unjust violence addeth no such restriction viz. that it be done by the conduct and concurrence of the Primores or Parliaments 10. The very concessions of our adversaries fore-mentioned vvill confirme this consequence for in these cases they vvill grant the same liberty to a People vvithout as to a People vvith their Representatives to defend themselves for the vveight and ground is not laid upon the manner or vvay of conduct or managing of the resistence and defence but upon the cause and that is alvvayes the same Yea the necessity as was said is greater though it may be the difficulty is also greater when Representatives desert such as they do represente and instead of helping them with counsel and conduct in their necessity do either deserte them or turne enemies unto them Our 3 argument is taken from the law and light of nature which alloweth to beasts power and ability to defend them selves against violence An argument made use of not only by Lex Rex and the Apology but by Divines Canonists Lawyers and others who write of this subject The civil law it self tells us That his necessary defence of life floweth from the law of nature L. ut vim ff de just jure But here cometh out a green statist and takes on him to cry shame on all who ever wrote on that subject and avovves Pag. 15. That it is too grosse divinity to bring such an argument from beasts We must therefore see vvhether this Man be rational in rejecting such an argument taken from beasts and not rather more irrational then a Brute to deny that to a Rational creature vvhich he cannot but grant to Beasts and Creatures vvithout life as vve see he doth Pag. 14. 15. We shall readily grant vvith'him That God hath given this self defending or preserving povver and propension otherwayes to Men then to inanimate creatures or unto beasts which are under no law but that of meer nature and therefore they are not to defend themselves coeco impetu but rationally and ought to subordinate this natural propension to self defence unto and limite it by the higher lawes of reason and of God Doth he think that such as make use of this argument do suppose That in every case and in every manner of way men are to use and exercise this natural propension to self defence in vvhich and after vvhich Beasts are to use it Sure he is in a great mistake and he vvrongeth the authors of Lex Rex and of the Apolog. c. vvhen he sayeth Pag. 15. That they bring arguments from beasts who being under no law of reason nor grace to limite their propensions may alwayes in all imaginable cases defend themselves with force to perswade men that they may do the like and that their propension for their externall preservation is no more under any restraineing rule to stope the exercise of it then that of Beasts is For they intend no such thing nor are they in the least necessitated to use that argument so They only make use of it to disprove That irrational and more then brutish position and maxime of absolute unlimited and indispensible subjection of subjects to their Soveraigne so that in no case they may or can resist which all the Cabal and royal society of Royalists parasites court flatterers and cavalliers who because they themselves in hopes of some crumbs of allowance have brutishly without regaird had to the Law of God or right reason sold and devouted themselves not only in matters concerning their body but in soul matters unto the meer lust and pleasure of a creature of clay think all others should play the beasts with them do furiously obstinately maintaine And as to this the argument hence deduced is most rational and irrefragable for it is irrational to think That God who taketh much more care of man then of beasts 1 Cor. 9 9. Mat. 6 30. should allow and give unto the inanimate creatures and to the beasts a power and propension to defend themselves against violence and should deny the same to Man so that in no case he should be allowed to exerce that natural propension to defend himfelfe and to resist unjust violence with violence So then we might let his restrictions passe as being no thing to the present purpose for it is but his groundlesse imagination to think that we would equalize Men with Beasts because we will not with him and his party depresse them into a condition belovv beasts yet we shall shortly run over them His first is this when it is seen to be to no purpose by reason of a phisical force But alas doth he think this restriction of the natural propension for felfe preservation is upon men only not upon Beasts also did he not say in the same Page the Major vis and a greater phisical force would hinder
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
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
purge the lesser if a considerable part it might not be because that were a way to dissolve humane Societies and all Kingdomes and Commonwealths Ay but he meaneth that it is so To teach that any meer privat persones or any part of a People who think themselves strong enough should take on them to sit and act as punishing judges over all Magistrates Supreme and Subordinate yea and upon the Major part of the People themselves and upon their owne fancyes led with their own lusts draw the Magistratical sword Answ But then against whom doth he fight Naphtaly spoke not so Nor doth our cause require that we should say so We say not that private persones should take up the Magistrat's sword and with Magistratical power and authority judge and execute the whole body of the People and the Magistrates Supreme and Subordinate far lesse do we say That they should do this upon their fansies or when led with their owne lusts This is nothing else but to fansy an adversary to himself when he cannot answere or stand against his proper adversary and after he hath busked him up in as ugly a shape as he can then he may well cry out Oh horrid confusion to be detasted of all rational and Christian hearts But this is not faire dealing yet suteable enough to him and his cause which he can get defended no other way But then he tells us Pag. 59. That though the words be spoken to the People yet it is alwayes to be understood that the Peoples concurrence in the punishing of an Apostate city was to be within the bounds of their calling and under the conduct of the Magistratical power set over them As when inticers to idolatry are in the former part of the chapter enjoyned to be taken order with however nearly they were related to People and to be stoned it is not to be supposed that the charge is given to every private person brevi manu to do this but judgment was to be execute on them after judicial conviction and sentence given by the Magistrate as sayeth Diodat on v. 8. and Pelargus on v. 14. Answ 1. That the Peoples concurrence was to be within the bounds of their calling we grant But the question is how far the bounds of their calling did extend Did it extend no further then to goe out when called thereto of the Magistrate to punish that Apostate city Then if the Magistrate neglected to call them out they were not so much as to mourne for that Apostasy by this text Nor to use any other meanes to have the Matter rectified nay nor to beare witnesse against that way For if the Magistrate was to preceed and they only to goe under his conduct if he called them not forth they were exonered all that was required of them being only to be willing and ready at a call But sure this interpretation is not consonant to other texts of scripture as we shall shew 2. If we look to the other particulars spoken to in that chapter we will finde that there was more required then that or a simple mourning in secret for no man wil think they were exonered if they had been only willing to execute the sentence of the Magistrate upon the false Prophet and dreamer that sought to draw them after other Gods Seing they were not to hear him So as to the enticer they were not only not to hearken unto him but they were not to pity him nor to conceale him v. 8. but now what in case the Magistrate should have refused to have done his duty to have examined the Matter or what in case the Magistrate should have countenanced and encouraged such an one was there no more required of them but to have made offer of ther Son Daughter Wife or Brother unto justice and when justice could not have been gotten executed upon them take them home again to their house and into their bosome live as formerly good friends together I feare such cleaving to the letter of the scripture shall be found a meer eludeing of scripture and a mocking of the holy ghost by whom it was given 3. Yea that wich Diodat sayes is more for he sayes They were to procure vengeance on him in way of justice accusing him to the Magistrate by information or sufficient proof And if the Magistrate refused to do justice I suppose they might have provided for their owne security and shot him or her out of doores with violence that was seeking to draw them a way from the true God So that granting what the Surveyer would be at the place will make for us For though the Magistrate was bound to examine judge and sentence the Apostate city in a judicial authoritative manner yet in case the Magistrate should have connived at or countenanced such apostacy they were to use other meanes to have the land purged of that crying obhomination then simple mourning in secret even to have taken the sword in their hand in case the defection was approaching to themselves and Magistrates were forceing them to a complyance with that evil or apostasy and never to have laid it downe till not only themselves were secured as to theirpart but the land were purged of that idolatry the idolaters executed according to the law Their Zeal in this case should have carryed them without doors though not to an assumeing of the Magistrates juridicall authoritative and punishing sword 2. Esai 59 v. 4. None calleth for justice nor any pleadeth for truth Where the Prophet among the rest of the evils wherof that People was guilty and for which heavy calamities did presse them reckoneth this that there was none who called for justice or did plead for truth that is there was none who endeavoured to relieve and right the wronged or to redresse what was amisse see the English Annotat. no man owned the right cause or took God's part against falshood and wickednesse No man say the Duth Annotat. to dehort them that deal unjustly or to maintaine a just cause and the truth to the utmost of his power So that by this we see what was required of People in a day of defection even to call and cry aloude that justice might be executed and deal with such as were Magistrats to do their duty and not to bring and keep on the wrath of God upon the Land And this is more then the Surveyer will have to be the only duty of private persones in a day of general defection Pag. 52. viz. To keep themselves pure without any degree of acting these sinnes to mourne and sigh for the evils that are done to be earnest in prayer that God may convert others to admonish faithfully and study to reclame these who are out of the way But this will be more cleare by the following passages 3. Esay 59 15 16. Yea truth faileth and he that departeth from evill maketh himself a prey and the Lord saw it and it displeased him that there was
ground sufficient for some actions whereto there is no extraordinary call Answ Though this be sufficiently answered before yet we say 1. That order is already ruined when the Magistrat destroyeth what he should preserve and so crosseth his commission and who teach that in such an extraordinary case when God's order is violated and broken and all in hazard to be overturned such things might be done which needed not to be done if God's order and appoyntment were observed do not take a way to ruine all order but rather to preserve that vvhich order it self is appoynted as a meane to preserve 2. We plead not for such formal imperate acts in matters of Religion as due to privat persones as we have said But for a povver according to the ability God puteth into their hands to hinder him from being dishonoured to defend their ovvne profession and Religion to hinder an universal apostasy and to endeavour in their capacities to have things righted vvhich are out of order And vvhen private persones are carrying themselves thus vve deny that they are runing out of their rank and calling nor can he prove it 3. Will he say that no actions can be sufficiently justified because done in extraordinary necessities and vvithout an extraordinary call Then he shall condemne the Covenants which David made vvith the men of Israel 2 Sam. 5. and vvhich Iehojadah made betwixt the King the People For he told us that both these vvere in extraordinary occasions and he cannot shovv us any extraordinary call He addeth If Magistrates be deficient privat persons are sufficiently discharged if they keep themselves pure and do vvhat possibly they can for advanceing Religion in their privat capacities and by their Elicite acts if a mans eyes be put out his eares or other senses will goe as far to supply that defect as may be yet cannot help the body by elicite acts of seeing So whatever length private persons may goe for the good of the body they must not goe to exercise and exert formally acts magistratical Answ All alongs we heare nothing but dictatings This and this he sayes and there is an end a noble patron of a desperat cause and worthy of a great hire But. 1. The question still abideth undiscussed how far privat persons capacity doth reach for that they must do more then keep themselves pure we have shevved 2. If they may do what possibly they can for advanceing Religion in their capacities they may do more then he will have them doing for then they may defend Religion with the sword and with violence hinder idolatry and superstition and what of that nature provocketh God to wrath All this and more is within their capacity and possibility as he would easily grant if the Magistrate vvould but countenance it yea and though he should oppose say vve But he will say these are not elicite acts And vvill he grant nothing else to privat subjects but elicit acts Then he vvill not grant them liberty to disput for Religion to exhort rebuke and admonish c. for these are not elicite acts more then disputing vvith the svvord and so vvith his Philosophick distinctions he vvould charme us into a perfect acquiescence vvith vvhat Religion the King vvill enjoyne 3. Eares and other senses never set up the eyes and gave them povver to see for their good But the People set up the Magistrates and may do when the Magistrate layeth downe his sword or avowedly betrayeth his trust what they might have done before they made choice of him 4. By this Simile it would follow that the People cannot only not do the Magistrate's Imperat acts but not so much as the Elicite acts which he may do vvhich is false 5. Though they cannot exert or exercise Formally acts Magistratical if they may do it Materially we seek no more In end he tell us That it is a dangerous and destructive tenent to be held forth to be beleeved by People That in all cases whether concerning Religion or Liberty when they account the Magistrate to pervert the government that they are Eatenus in so far even as if they had no King and that the royalty hath recurred to themselves and they may act and exercise it formally as if they had no King at all and this he tels us is the expresse doctrine of Lex Rex Pag. 99. 100. Novv that all may see vvhat a shamelesse and impudent man this is and how little reason any have to give him credite I shall recite the authors very words But because sayeth he the Estates never gave the King power to corrupt Religion and presse a false and I dolatrous worshipe upon them Therefore when the King defendeth not true Religion but presseth upon the People a false and Idolatrous Religion this is some other thing then when they account the Magistrate to pervert c. in that they are not under the King but are presumed to have no King eatenus so farre are presumed to have power in themselves as if they had not appoynted any King at all If an incorporation accused of Treason in danger of the sentence of death shall appoynt a lawyer to advocate their cause if he be stricken with dumbnesse because they have losed their legal and representative tongue none can say that this incorporation hath losed the tongues that nature hath given them so as by natures law they may not plead in their owne just and lawful defence as if they had never appoynted the foresaid lawyer to plead for them The King is made by God and the People King for the Church and People of God's sake that he may defend true Religion for the behove and salvation of all If then he defend not Religion NB in his publick and Royal way It is presumed as undenyable That the People of God who by the law of nature are to care for their owne soull are to defend NB in their way true Religion which so nearly concerneth them and their eternall happinesse Now let any judge if this be so dangerous and destructive a tenent As he would make his reader beleeve But it is easy for him who hath no shame to pervert sentences which he cannot confute and then call them dangerous and destructive and thus he will make the rabble of the degenerate clergy and other simple ones beleeve that he hath confuted Lex Rex And thus dealeth he with Naphtaly as we have shewed already Having thus considered all which the Surveyer hath here and there spoken against that which we have said let us now come to apply what hath been said unto our present purpose of vindicating the late act of defence which by what we have said we finde cannot be justly condemned as treasonable or rebellious but rather approved and commended as loyall service to God and the Countrey For 1. Thereby they were professing their constancy in adhereing to the reformation of Religion in doctrine worshipe Discipline and Government which was
majesty for his paines or paine is not afrayed to rub by what he sayes here upon his sacred Majesty and his Royal Councel for if persons withdrawne and out of the Kingdom cease to be subjects to the King How could the King and council summon home the Scottish officers who served under the States of the Netherlands and were servants to them and under their pay and had been in their bounds all most all their dayes yea some of them were borne under the States and yet for not comeing to the Kings dominions upon his call and charge they were denunced rebels fore faulted and stand under that sentence to this day for any thing I know which though I account the most unjust inhumane barbarous irrational act that can be so that it may well be reckoned among the Surveyer's monsters of stöical paradoxes yet I think tendernesse to his Majesties honour and credite should have made him spare to have set downe this parenthesis But some men it seemes have liberty to say what they can or will if it may help the desperate cause though it should reflect upon King and Council both Let a friend goe with a foe 13. It was not to Parliaments or inferiour Magistrates that Christ said alittle before he was to be apprehended Luk. 22 36 38. But now-he that hath no sword let him sell his garment and buy one and they say Lord here are two swords and he said unto them it is enough Here is enough to evince the lawfulnesse of resisting with force unjust oppressours for if Christ had thought it simply unlawful why would he have desired his naked private disciples to buy swords which are weapons for forcible resistence and defence and that at such a time It is true he would not suffer them to make use of them as they would not because it was simply unlawful for them to rescue him out of the hands of that band of robbers for he useth no such argument to dissuade them but because he was commanded of the father to yeeld and to lay downe his life of his owne accord and therefore was it also that he would not use the help of angells as he might have done in his owne defence therefore said he Ioh. 18 ver 10 11. put up thy sword into the sheath the cup which my father hath given me shall I not drink Mathew addeth Cap. 26 52 53. thinkest thow that I cannot pray to my father and he shall presently give me more then twelue legions of angells God had revealed his will that Christ behoved to suffer Mat. 16 ver 21 22 23. Ioh. 20 24. and that was sufficient to restraine this act of self preservation hic nunc which was otherwise lawful as well as it did restraine from flight a mean which Christ at other times used for his preservation Neither did his word to Peter import that this self defence was unlawful but the reasones of it were as River sayes in decal 6. praec 1. Because it had a kinde of revenge in it for so few could not repel such an army as came to take Christ 2. He waited not Christ's answere 3. He could have defended himself another way 4. It was contrâ—re to God's will revealed to Peter 14. That doctrine cannot be of God which to the eye of sound reason to all rational persones doth remedylesly unavoydably tend to overthrow and destroy polities all order and all humane society and open a gap and wide door to all confusion disorder tyranny oppression cruelty and injustice Our Surveyer cannot deny this proposition seing he maketh use if it or of one very like unto it Pag. 43. But to say that a poor oppressed people may not defend themselves in extreame necessity against the oppression and tyranny of Magistrates and resist unjust violence with violence is to all rational persones a remedylesse and unavoydable course laid downe for utter overturning of all Society is an opening of a door to all confusion disorder tyranny oppression Murthers cruelty injustice c. for when Magistrates turne Tyrants oppressours set themselves to seek the ruine and destruction of their Kingdomes and of all their Subjects in bodyes goods and Consciences and sell themselves to do such villany and wickednesse there is no remedy by this doctrine the Commonwealth is utterly gone oppression and Murthers are increased all is overthrowne and overturned and there is no help Thus God shall have given a power to one man to kill and massacre millions of Christians to destroy whole Commonwealthes and to root them out and all their memorial that no more mention should be made of them But who can beleeve this Yea if this were received as a truth what incouragement were it to tyranny and oppression And what mischief would not wicked hearts contrive and execute if they did not feare opposition and resistence This Surveyer tels us Pag. 103. That it is enough to keep Kings right to tell them they must answer to God But we see that for all this there are moe evil and wicked Kings then good and it is more then probable that that alone vvould no more suppresse their tyranny and keep them from wickednesse then the fear of the gallowes would keep theeves from stealing and robbing if they knew that no body would resist them or oppose them with force when they came to steal and rob 15. By this doctrine People should be in the most miserable condition imaginable when under governours for not only should they be lyable to all the oppressions of Magistrates tyrannizing over them and have their hands bound up so that they could not helpe themselves but also unto the opression and tyranny of every one who could but say he had a commission from his Majesty to kill and murther all whom he pleased For they might not resist whether he had a real commission or not lest they should resist the ordinance of God in resisting a servant sent of the King to execute his lust and cruelty with expresse warrand and commission thus there would be as many irresistible tyrants armed with absolute and irresistible power as one Tyrant will and the people might no more use violent resistence against them then against him A doctrine I am sure poynt blanck contrary to all reason and equity 16. If forraigne princes may lawfully help a poor people oppressed by their owne Soveraigne Then people may lawfully if they be able hold in the paines of these forraigne princes and defend themselves But the former is granted by casuists and politicians Therefore c. The consequence cannot be denyed for forraigners have no more power or authority over another soveraigne then the people have themselves and what justice or equity of the cause could warrand them to come to their reliefe and succoure the same will warrand the persones injured to help themselves if they be able 17. As the law of Nature will allow this self defence even to
is bound in conscience to subjection passive under unjust punishments inflicted by the Magistrà te more then to active obedience unto unlawful commands and that passive obedience under unjust sentences comes under no command of God Yea that it is a sin against God's command to be passively subject to unjust sentences and that it it an act of grace and vertue for a man to resist the Magistrate violently when he does him wrong and a self murther against the sixt command not to resist when he offers to take away the life without cause though not without law They were quickly applyed to the Church by this man and his party who pleaded for non-submission unto and counteracting of all the judicatories Whensoever the persones injured thought the sentence wrong and how well their practices in the Church do homologate with their practices as to the State we may now see for it is the way which they clearly owne that every person when and so long as they are able or are in probable capacity to act violently against the Magistrate ought to counter-act him violently when he thinks the Magistrate wrongs him for this must be referred to every man's private descretive judgment as Naphtaly tells us Pag. 141. How contrary such principles and practices of privat mens non-submission to and counteracting of Church Judicatories supposed to do wrong are unto the Word of God how subversive of Church government how introductory of schisme heresies and all mischiefs into the Church is well discovered by the learned Reviewer of the pamphet intituled presbytery no papacy c. And with equal reason may the same grounds be made use of against this man's inciteing all private persons to counteract the Magistrate violently when they think he doth them vvrong or when they account their sentences unjust Answ 1. It is a poor defence of a weak and tottering cause to follow such courses as this Surveyer doth To wrest and wire-draw the sayings of his adversaries is neither a faire way of confirming his owne opinion nor a solid way of confuteing his adversaries He sets dovvne some sentences here as assertions of Lex Rex And if any vvill consult the places cited they vvill discover unhandsome dealing I shall only set downe what Lex Rex sayeth and the Reader vvhen he compareth may judge Lex Rex sayeth Pag. 313. That patient bearing of evil and resistence are not incompatible in one the same person Pag. 314. He sayeth one act of grace and vertue is not contrary to another Resistence is in the Children of God an innocent act of self preservation as in a patient suffering and therefore they may well subsist in one And ibid Neither suffering formally as suffering and so neither can non-resisting passive fall under any moral law of God except in two cases Pag. 322. when a man may preserve his owne life and doth not that which Natures law alloweth him to do rather to Kill as be Killed he is guilty of self murther because he is deficient in the duty of lawful self defence And Pag. 463 It is not dishononrable to the Majesty of the Ruler that we deny Passive subjection to him when he punisheth beside his warrant more then it is against his Majesty and Honour that we deny active obedience when the Commandeth illegally I shall not trouble the Reader with words to discover the difference betwixt what Lex Rex sayeth and what this Surveyer alledgeth he did say seing the judicious and observant Reader will Sine monitore easily perceive it 2. What the Surveyer driveth at in making this parallel now may be obvious to any even to imbarque with himself and his party the few of those who were for the Publick Resolutions that have hitherto gotten grace of the Lord to abide faithful and not to say a confederacy with all with whom this Apostate generation hath now basely conspired against Chirst and his interests But we hope that those few will be so far from intertaining their former prejudices against their faithful and affectionat Brethren who withstood these Resolutions and owned the Protestations that on the contrare perceiving themselves mistaken as to what they feared concerning the Protesters as if they had intended to overturn all discipline and Church government and to side with Sectaryes since themselves have novv seen some of them owneing the same unto death and becomeing a martyr upon the account of Church privileges all the rest scarce three of foure excepted abideing faithful and suffering upon that account unto this day and since with all they see the feares of the Protesters concerning the inclination to Malignancy and Prelacy of the far greater part of these who stifly maintained these Resolutions now verified beyond all contradiction and that their objecting that the major part of the Ministery was then corrupted was too too true and too well grounded which things if these faithful men who now stand had but suspected then as now they see with their eyes they would we are confident have forborne to have sided with them in these debates and much more heartily have concurred with the honest proposals of the Protesters for a through way of purging the church of such corrupt naughty persones as have now most basely betrayed the interest of Christ and departed from their profession and Covenant and made that Church a hissing and a by-word to all nations by returning with the Sow to the puddle and with the dog to their vomite These worthy men I say perceiving now how far they have been mistaken not to their grief but to their joy as famous and zealous Mr Wood one of their number did before his sicknesse after some heavy groans plainely professe and declare to a credible person yet on life to verify the same if any should question it will be so far from owning this man and his principles that they will rather we hope condemne their former practices if not altogether yet in so far at least as it is now visible they did tend to the setting up of a arbitrary government and tyranny in the Church and are now improved by this Surveyer to confirme a Tyranny in the state Sure they now see what some at least of these who were very active and forward to screw up that debate to the hieght and to presse and absolute subjection might have been driveing at under hand though they made such faire professions of their firme purpose to adhere to presbyterian government as moved others to entrust them with the management of their affairs at Court and while entrusted therewith destroyed and overturned the whole government so that now they will be loath to say as the Reviewer did Pag. 5 6. That the innocency of his agency to prevent the evils the protesters were endeavouring to bring upon this Church and his carriage and integrity in managing that Trust are so wel known at home and abroad that we beleeve he needs not write Apologâ—ticks against the slanders of
the united and consocâ—ated body of the People preserve the whole associated body and her rights and are instructed with necessary power and authority which to performe they are obliged by oath 3. Hence really the power of the People is greater then the power of any delegated or constituted by them for the cause is more then the effect and the Parliament doth represent the People but the People do not represente the Parliament Therefore the power of the People must be more His povver who doth constitute another or depute him as a guardian to some businesse or to oversee some of his matters is greater then any povver vvhich that other deputed or constituted Curator hath Parliaments then being but as Tutors and Curators unto the People must have lesse povver then the People have mandans vero sayeth Althusius pol c. 18. n. 92. vel injungens alii rerum suarum procurationem est instar imperantis rogantisve suscipiens vero talem administraetionem instar obtemperantis inservientis officium suum alteri praestantis So that the Parliament is but a servant to the People and the povver of a Master is alvvayes superiour to the povver of a Servant as such 4. It is irrational to think that the People in chooseing the Ephori or Parliament-members and committing the administration of their weighty affaires unto them did denude themselves of all that innate and radical power which they had to manage their owne matters seing no urgent necessity could compel them to it nor any foreseen advantage or profite which thereby could redound unto them move them and perswade them thereunto but on the contrary much hazard and disadvantage might at the very first appeare upon such a surrender as this Much lesse could they denude themselves of that power of self defence which by no law of God or man they might law fully give away 5. Whatever power Parliaments have it is to be exerced and put in practice for the good and advantage of the People Their power is for the profite and not for the hurt of the People and to this scope and end should they level all their labours travails paines endeavours cares thoughts consultations conferences votes deliberations and conclusions L. Imperial C. de nuptijs L. bene a Zenone C. de quadr L. 8. C. de legibus L. praecipimus 34. C. de appell See Althus pol. c. 18. n. 7 17. 6. Hence Their power is not absolute infinite or unlimited but hath its owne bounds and limites over which it cannot lawfully passe They are to rule and do all for God and the good of the Realme whose servants they are They are the Ministers of God for the Peoples good Rom. 13. 4. 7. When they transgresse their true limites which no man will say is impossible by commanding what God hath forbidden or forbidding what God hath commanded in his holy law or when they seek not the publick good of the Land but their ovvne private advantage They are not but cease to be the Ministers of God and of the People and become private persons who ought not in these particulars wherein they goe beyond their bounds to be obeyed As sayeth Althusius ubr supra n. 41. and proveth by many authors And the reason is cleare for no inferiour can disannul God's Law or free us from subjection thereunto They have no power to command sin God never gave them such a power And the People could not give it for they had it not themselves neither had they a power to wronge and destroy themselves and so they could not give this unto them 8. If these Ephori or Trustees betray their trust and feel or basely give away the libertyes and privileges of the people which they were intrusted with the people cannot thereby be brought into a remedilesse condition or lose their privileges vvithout all hope of recovery If a Tutor waste and destroy the Pupil's Estate the law provideth a remedy for the Pupil If a commissioner or deputy betray his trust the master's losse thereby is not irremediable If an advocat betray a client's cause The client will finde some relief The peoples right sayeth althusius ubi supra n 124 suffereth no prejudice nor doth the Prince obtaine any more tyrannical power by the negligence perfidy deceit collusion treachery prevarication and conspiracy of the Ephori or primores regni with the prince for it is unjust absurd to affirme that the Ephori or parliament-men can transferre unto the Tyrant what they never had themselves or can destroy or alienate the rights of the Community in prejudice of the whole Realme and that contrare to the fundamental lawes of the land or such as the prince swore to maintaine and which containe the spirits and life of the Commonwealth From these irrefragable truthes so consonant to right reason and attested by learned politicians it will clearly follow 1. That the Peoples case is not vvorse by Parliaments then it would have been without them 2. That Parliaments cannot tyrannize by any law or right over People 3. That no treachery or perfidy of Parliaments neglecting their duty or betraying their trust can prejudge the people of their due rights and privileges 4. Parliaments not concurring with the People in their necessary defence cannot loose them from the obligation of nature to defend themselves from tyranny and intolerable oppression 5. If Parliaments in stead of acting the part of Trustees Tutors Curators Delegats and Servants shall turne Tyrants wolves Tygers and Enemies to the Commonwealth themselves of conspire joyne or enter into a confederacy with a Tyrant and so seek the destruction of the community The community is allowed to see to the preservation of their owne rights and privileges the best way they can 6. And so in some cases when the hazard is great the losse irreparable private persones may defend themselves against manifest Tyranny and oppression without Parliaments All this seemeth to be cleare and undenyable In thest Let us next see what way this shall sute or what more can be said for our case In hypothest And. 1. It is beyond contradiction that the late Parliament did basely betray its trust for politicians tell us That it belongeth to these Ephori To vindicate and maintaine the compact and Covenant which is betwixt the Prince and the People To keep the prince or the supreame administrator of justice within his bounds and limites that he turne not a tyrant or an oppressour of the People To hinder him from violating the law of God To restraine and coërce him from violating the lawes of the land and the rights of the kingdome To hinder the execution of the unjust and illegal decrees and mandats of the Prince To defend the proper and incommunicable rights and privileges of the People To cognosce whether the Supreame Magistrate hath done his duty or not and to hinder him from committing Tyranny See for these particulars Althusius Pol. c. 18. n. 48 55 63 65 68 83
goe and reflect upon the magazine as he speaketh to Lex Rex who Quaest. 26. proveth by unanswerable arguments that the King is not above the Law but this Surveyer for all his big words dar not meddle with that debate but quarrelleth with a word Pag. 241. where that worthy Author is answering the objection of that Apostate Prelate Maxwel the Author of Sacrosancta Regum Majestas stollen from Arnisaeus which was this Why might not the People of Israël Peers or Sanhedrin have conveened before them judged or punished David for his Adultery and Murther Unto which he answered thus He taketh it for confessed that it had been treason in the Sanhedrin and States of Israël to have taken on them to judge and punish David for his Adultery and Murther but he giveth no reason for this nor any Word of God and truely though I will not presume to goe before others in this God's Law Gen. 9 ver 6. compared with Numb 35 ver 30 31. seemeth to say against them Nor can I think that God's Law or his Deputy the judges are to accept the persons of the great because they are great Deut. 1 ver 17. 2 Chron 19 ver 6 7. aud we say we cannot distinguish where the Law distinguisheth not The Lord speaketh to under judges Levit. 19 ver 15. Thou shalt not respect the person of the poor nor honour the person of the mighty or of the Prince for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth I grant it is not God's meaning that the King should draw the sword against himself but yet it followeth not that if we speak of the demerite of blood that the Law of God accepteth any judge great or small And if the Estates be above the King as I conceive they are though it be a humane politick constitution that the King be free of all coaction of Law because it conduceth for the peace of the commonwealth yet if we make it a matter of conscience for my part I see no exception that God maketh if men make I crave leave to say à facto adjus non sequitur Thus that worthy Author and could he have uttered his judgment more spareingly and soberly in a matter that was not of great Moment to the question in hand so that though he had forborne to have spoken any thing to this at all his cause had not been in the least weakened and though we should grant that the Sanhedrin could not have judged David for these facts which yet we can cannot do what losse shall we have Seing we may easily grant and Lex Rex with us Pag. 243. that Tyranny only must unking a Prince and these acts were not acts of Tyranny and what shall this vaine Surveyer gaine then Why would he not examine other things which that worthy Author sayd more apposite to the cause Will not wise men laugh at this dealing and account him a fool in the first magnitude in handleing such a cause which so nearly concerneth his Majesties life after such a manner that a very school-boy may smile at Then he addeth So Pag. 348 and 428 and 238. and often elsewhere he that is Lex Rex will have the Estates executing the moral Law as he calls it on the King and punishing him and why because he sayes most thrasonically Pag. 460. I have unanswerably proved that the Kingdome is superior to the King and the People may be their owne judge in the tribunal of necessity Answ Lex Rex in two at least of these pages cited speaketh no such thing and if this Surveyer were not more windy and vaine then ever Thraso was he would not speak so of that Author till first he had discovered the answereablenesse of these arguments which neither he nor any of his complices shall ever be able to do But this Epicompothrasibombomachides will force a beliefe upon the world that with this very adverb thrasonical diffavit omnes in Castris Gurgustodianis and cry to his enchanted fraternity to sing Jo pan at his invention But what sayes he to all this 1 sayes he what should he meane to make it conduceable to the peace of the commâ—nwealth that the King be free of the coaction of Law and yet not so if it be made a matter of conscience is the preservation of the peace of the commonwealth no matter of conscience to him Or is not the constitution freeing the King from coaction of Law for that end warrantable Ans Doth not this ignoramus know that a question of this nature may be considered and answered politically and theologically And that many things may be tolerated or forborne in poynt of policy upon politick grounds and ends which if considered stricto Iure according to conscience should not be forborne nor tolerated David in point of policy did forbear to execute the Law upon the Murtherer Joab whom yet in poynt of conscience he accounted a man of death and therefore recommended the execution of the Law of God unto his Son Solomon and this toleration or forbearance may be lawfull or unlawful according to the weight of the matter tolerated or forborne and the nature and weight of the grounds in policy upon which this forbearance is determined So that though we should suppone it lawful for a Commonwealth to enact and determine in Law that their King should not be questioned for one single act of Murther or Adultery as other persones are Yet in poynt of conscience if the question be stated in thesi whether a King may be questioned for one single act of Murther and Adultery as another private person it may be answered affirmatively because the Law of God makes no exception of persones 2. It may be made a matter of conscience to make the King free of the coaction of Law in some small and inconsiderable particulars because of the probable hazard into which the Commonwealth may be brought by coërcing of him which all the value of the particular anent which the coaction is exerced will not countervaile But it will never be allowed in poynt of conscience to make him free of all coaction of Law so as he may without control murther millions destroy and waste Religion For that were not conduceable to the peace of the Common-wealth but a ready way to destroy all So that a constitution freeing the King from all coaction of Law how ever pretended for the preservation of the peace of the Common-wealth can never be warrandable For that were to make him actu primo and in actu signato a Tyger a Lyon a waster of the Commonvvealth if his good Nature should incline him to good peaceable things yet no thanks to the constitution Whereas he would make his reader beleeve that the Kings of the jewes were under no coërtion let him consider what Zuinglius sayeth explan art 42. Tom. 1. oper where he expresly sayeth That the Kings of the jewes and others
when a beanch of judges in civil matters conspire together to oppresse by their unlavvful and unjust decreets palpably such and not our to all vvhen they are deposed and others put in their places the oppressed may get his cause righted and reparation of dammage of them Or vvhen a justice generall manifestly palpably murdereth the innocent he may be made to ansvvere before another put in his place if this may be done as I judge in poynt of conscience it may so may the other be done with Parliaments 3. If Parliaments conspire to overturne Religion Lavves Liberties and thus destroy the Republick I judge vvith L. R. Pag. 240. that the sounder part if they be able may resist and hinder so far as they can that destruction and ruine of the Republick Neither ever shall he prove that this is a ground for Eternal confusion O sayes he Any lesser part when they have or think they have will and sâ—rengh enough to through their businesse will undoubtedly call themselves the sounder part and labour to beare downe the corrupt plurality Answ This remedy to prevent destruction and ruine to the Common-wealth may be of the Lord though it should be abused by sinful men for the best thing may be abused And it is not the meane allowed by God and Nature which layeth a ground for eternal confusion but the abuse of the meane maintained whereof we are not guilty But we have had abundance of such rotten consequences from him who knoweth better what it is to deceive the simple with sophistications then to satisfy the judicious with solid reasons Then he addeth But the Christian Reader may easily see how hard this Author is put to it and for all his saying that according to God's Law Kings must be punished as well as others yet is he forced to acknowledg a Supremacy of power in some not punishable by any but by God Ans This is but what we heard just now and whether true or false it helpeth him nothing Have that Supremacy of power which is not punishable by any but by God who will if the King have it not the King's life is not secured And if he say if any have it the King must have it True if this rotten malignant and parasitical ignoramus can make no bad inferences but he hath already so often discovered vanity in this way of argueing that we cannot account him infallible And therefore let him prove his consequence for we know him better then to take any thing from him upon trust Well what way doth he clear this of Lex Rex For sayes he Pag. 389. when he hath given all power to the Parliament over the King he objecteth to himself who shall punish and coërce the Parliament in case of exorbitance He answeres posterior Parliaments and Pag. 211. he sayeth by the people and conscience of the people are they to be judged let all our Nobles and Parliaments hearken to this Answ In the first place cited Lex Rex is not speaking of Parliaments power over the King as this squint-eyed Surveyer thinketh but is handling that question whether or not Monarcy is the best of governments And is shevving in vvhat respects it is best and in vvhat respects it is vvorste and shevveth hovv a mixt Monarchy is best and then ansvvereth some objections And to that vvhich some might object That Parliaments might exceed their bounds and who should coërce them He ansvvered That posteriour Parliaments might do it and so there vvas a salvo in that mixture of governmemt 2. In the other place he is shevving vvhat relation the King hath to the Lavv and that he is not the sole Lavv maker nor sole supreme judge And ansvvereth that objection That the three Estates as men and looking to their owne ends not to Law and the publick good are not fundamentalls are to be judged by the King viz. That they are to be judged by the people and the conscience of the people Why calleth â—e the Nobles and Parliaments to hearken to this What absâ—â—dity inn reason is here Who ever head of this sayes he that one Parliament posteriour should punish the prior Their acts they may retract indeed but to punish them for their acts is most absurd because the prior Parliament in the capacity of that judicatory had as much povver as the posterior States men vvill vvonder at this doctrine that Members of a Parliament should be punished for their free votes by a succeeding Parliament and far more at the subjecting them to the conscience of the People Answ 1. It is no small punishment and cöercion to a Parliament to have all their designes consultations and conclusions overturned which may be done by posteriour Parliaments 2. If Parliaments by their free votes sell Religion and the Liberties of the land unto the Turk and so destroy the same and betray their Trust I see not vvhy they ought not be punished for their paines If they should enact and put to execution the act vvhen made That all vvho vvill not bovv and burn incense to an idol should be brunt quick I see not vvhy they may not by a posteriour Parliament be questioned and punished for that innocent blood vvhich they have shed 3. His reason to the contrary is not good for they never had povver or commission for overturning the ends of government and destroying the Commonvvealth if the Magistrates of a Brugh betray their trust dilapidate the rents and revenues of the city sell and dispone the rights and privileges thereof may not the succeeding Magistrates call them to an account for that notvvithstanding that in the capacity of that judicatory they had as much povver if any as the posteriour 4. Wonder at it vvho vvil that vvhich is right is right and it is consonant to equity that the consciences of the People be so far judges of vvhat is done by their Representatives as not to suffer them in their name and by any povver borrovved from them to destory the Commonwealth and to overturne the fundations of Religion and Liberty c. But then sayes he another objection he makes posteriour Parliaments and People both may erre He ansvveres All that is true God only must remede that What can he make of this Well then sayes he if Parliaments or People destroy or murther persons innocently God only must remeed that there is no povver on Earth to call them to an account Who sees not that at length the author is driven to acknowledge a power which if it deviate cannot be judged by any on earth Answ Lex Rex is not there speaking of particular acts of injustice Or iniquity but of the whole ends of government And so if Parliaments and People concurre and joyne together to overturne all the world sees that there is no remedy on Earth Neither needed he to say that he was driven to this seing it was so obvious to all who have eyes in their head Though God hath appoynted