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
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
and indispersible subjection will far more rationally and plausibly inferre an illimited and absolute obedience Can he with any colour of sense or reason inferre that he maintaineth that passive subjection to unjust lawes and punishments where there is power to make active violent resistence is a greater sin then active obedience to unlawful commands of Magistrats Is this a faire way of disputing to say that one maketh that the state of the question which he draweth from the assertion of his adverry Naphtaly allaigeth that absolute subjection is as repugnant to reason as absolute obedience doth he therefore make this the state of the question or give ground for it That absolute subjection is more sinful then absolute obedience Againe what can he draw out of these words of Naphtaly Pag. 157. Secondly it is answered That riseing up against authority itself the ordinance of God and disobeying the powers therewith vesied standing and acting in their right line of subordination is indeed rebellion and as the sin of witchcraft but to resist and rise up against persons abuseing sacred authority and rebelling against God the Supreame is rather to adhere to God as our Liege Lord and to vindicate both curselves and his abused ordinance form man's wiâ—kednnesse and tyranny Can he hence inferre that Naphtaly judgeth it no rebellion for privat subjects to disobey Powers acting in a right subordination when they in their judgements of discretion judge that they deviat from that line of subordination Sure he must have some needle head that can sowe these two together These are the particulars whereupon this Surveyer thinketh to bottome his falsely-stated question and by this we may judge ut ex ungue leonâ—m what faith he is worthy of when he sayeth immediatly thereafter Pag. 14. But what needs insisting on his justifying of any number of private persons riseing up and resisting the whole Magistrates Body of the people when ever they think they have cause Seing this is the maine scope of his book and more too even to state them in a punitive power of all who are against them and a power to pull downe all authorities that are in their way Alas poor soul such impudent untruthes will not much strengthen his cause in the judgment of such as are judicious and many will think that such way of dealing declares him to be unworthy of his wages for may not all who read that book see a cleare other scope there intended then what he here fancyeth and know that from no sentence in all that book can such conclusions be drawne as he here sayeth is the maine scope of it O! but he must be audacious and affronted to say that the author of Naphtaly not only makes a proclamation to all meer private persones not having any Nobles and Magistrats amongst them to make insurrections against all Magistrats from the highest to the lowest and against the plurality of the people if they think themselves in probable capacity and not only so but giveth to them a liberty to pull all Magistrates out of their seats to instal themselves and to punish Magistrats who as he sayes have forfauted their right by the abuse thereof as he doth Pag 21. What wil not such shamelesse boldnesse adventure to averre with the greatest confidence but such as are wife will not beleeve every thing that such as have made shipwrak of faith and of a good conscience and have possessed themselves of a debauched conscience have the impudency to affirme without blushing CAP. II. Three Arguments proposed taken I. from the Concessions of Adversaryes 2 The resistence of Parliaments 3. The Light Law of Nature Having thus cleared the true state of the question we shall now fall about the confirming of the affirmative and so take occasion to examine what this Surveyer sayeth as he cometh in our way and though there should not be great necessitie to confirme our hypothesis or the present question under debate unto such as have not prostituted their soull unto a brutish beleef of an absolute and indispensible subjection or submission in all cases whatsomever unto the lusts and rage of men abuseing their power and places and overturning that good order which God only wise estabished in his love and favour for the good mankinde yet because this seemeth to be an age wherein the spirits of many of sunk below that of beasts and men of no consciences or at best debauched consciences have willingly surrendered their privilege as men and assumed the slavish disposition of bond-men that for their owne base ends a little mase of pottage they may gratify such as are nothing lesse then what they ought to be it will be necessary to speak a little more to it Our first argument then shall be taken from the concessions of adversaries and from what this same surveyer seemeth if not expresly and directly to grant yet not to deny or condemne altogether Barclarius contra Monarchom lib. 1. c. 8. granteth to the people liberty to defend themselves from injury and to resist quando immani savitia petuntur and lib. 4. c. 16. he doth fully an plainely acknowledge That the king falleth from the right to this Kingdomes that the people may not only resist him refuse obedience unto him but many also remove him from the throne if without the subjects consent he should subjecte the Kingdome to another or be transported with an hostile minde against the Commonwealth Doct ferne also acknowledgeth That personal defence is lawful against the suddaine and illegal assaults of the King's messengers yea of the Prince himself thus farre to ward his blowes to hold his hands so when the assault is inevitable and else where he grants it lawful to resist the King's cut-throats So Arnisaeus de author princip Cap. 2. n. 10. granteth it lawful to private persons to resist the King when he acteth extrajudicially And Crotius de jur bel pac lib. I. c. 4. n. 7. seemeth to say that the law of non-resistence doth not oblige in certane extreame danger seing some divine lawes though generally proposed have this tacite exception of extreame necessity and giveth this for a ground That the law of non-resistence seemeth to have flowed from them who first combined together into a society and from whom such as did command did derive their power now if it had been asked of such Whether they would choose to die rather then in any case to resist the Superiours with armes I know not sayeth he if they would have yeelded thereunto unlesse with this addition if they could not be resisted but with the greatest perturbation of the Commonwealth and destruction of many innocents And a little thereafter He hath these words Attâ—men indiscriminatim damnare AUT SINGULOS AUT PARTEM MINOREM quae ultimo necessitatis praesidio sic utatur ut interim communis boni respectum non deserat vix ausim It is true in the end of that Section he
pag. 348. c. Neither was the penaltyes moderate nor were they exacted according to law not were they thereby pressed to attend that ordinance which is an indispensible duty But they were pressed to a sinful complyance with abjured prelacy contrare to their vow and Covenant by barbarous tyranny Then he sayes Their lives were not sought upon any tearmes See the place now mentioned where that is spoken to also and to all of common sense it was notour that their case was a case of most in exorable necessity their misery being so much the greater that their lives were left them to see themselves miserable as if the barbarous enemy had intended onely to make them liveto see it Neither was there any flying for a whole countrey side with their wives and children and therefore what Lex Rex sayeth Pag. 327 328. 329. confirmeth the lawfulnesse of this As to their not supplicating mentioned by him next it is spoken to also in the place cited And however he may think now to incrustate that tyrannical and irrational act forbidding all joynt supplications yet the whole land knoweth that if that oppressed Countrey had attempted any such thing they had been accounted guilty of Laese Majesty And had gotten no other relief of all the illegal impositions which inferiour officers did lay on Thereafter he cals it a notable contradiction to say that their rise was indeliberate and yet Lawful Iust holy exemplary necessary And that the godly ancients never enrolled them among martyrs who by their owne rashnesse had occasioned their owne sufferings Answ As if an action might not be both lawful just And necessary though the first rise thereof might have been unexpected and a meer surprisal of providence And as if every action were sinfully rash vvhich were not long and deliberatly before contrived So then by their rashness they did not occasion their sufferings but by a surprisal of providence being called to their owne defence and to a vindication of their libertyes and Religion while they were murthered upon that account they may very lawfully be enrolled among the Martyrs Then Pag. 261. he sayes They were the first-aggressors and first slew one of the Kings servants This was told us in the first part and is answered And who knoweth not that the first aggressor may be first killed See what is said to this Pag. 350. Then he sayes the Novatians Donatists were not accounted Martyrs albeit sometimes they were drawn to death by persecuting pagans-such a foul Staine did they see in Schisme Answ And indeed upon the same ground if any of this corrupt apostat facton which hath made defection from the received Religion reformed in doctrine worshipe discipline and Government and sworne unto by our whole Church were drawne to death by pagans under the common notion and name of Christian they could not be accounted Martyres because of their sinful and perfidious renting of the body of Christ They and not the honest party who adhere to their principles are the schismaticks The Novatians and Donatists who departed from the truth not the honest Christians who remained constant were the true schismaticks Nor doth Naphtaly fix them in a schisme when he teacheth that they were indispensibly tyed by the Covenant to abhorre a complyance vvith these courses of defection more then the honest fathers of old did fix the honest party in a schisme by teaching that they vvere not to imbrace the principles and practices of the Donatists and Novatians The 6. And last particular which he mentioneth Pag. 262. is but a heap of groundlesse calumnies to vvit that their designe vvas to put downe all authority to destroy all who would not accept of their sense of the Covenant to place themselves in the chaire of authority of which stuff we have had enough in the former part and shall say no more now but that it is plaine their cause is desperate and gone when they must flee to lies for refuge but to show how perfectly they are assimulat to the spirit which drives him they will be both lyers and murtherers And now Noble patriots for to you would I speak a word ere I close though I have in some weak measure endeavoured to vindicat the lawfulnesse of your noble and heroick enterprise to raise up the Virgin of Israel who was fallen and forsaken upon her land yet you stand not in need of the help of any such weak advocat as I am your witnesse is in Heaven and your record on high It is he who justifyeth and therefore though now you be hunted as partridges on the Mountaine and be a People robbed and spoiled snared in holes hid in prison houses and be for a prey and none delivereth for a spoile and none sayeth restore you need not be troubled who condemne you This being your rejoyceing even the testimony of your conscience that in simplicity and godly sincerity not with fleshly wisdome but by the grace of God you have had your conversation in the world and more abundantly in this particular And therefore may you depart from the presence of Councils when brought before them upon this account rejoyceing that you are counted worthy to suffer shame or what else for his name Stumble not at the wise dispensations of God nor think it strange concerning the fâ—â—rytryal which is to try you and dayly experience telleth us that this continued tryal maketh nevv discoveryes as if some strange thing hapned unto you vvhat ever strangers to God and such as judge of him and of his holy sublime and vvise dispensations by carnal sense may think but rejoyce in as much as yee are partakers of christs suffering That when his glory shall be revealed if not in this vvorld dureing our dayes yet in the vvorld to come you may be glad also with exceeding joy Yea if you be reproached for the name of christ much more if you be put to harder sufferings happy are yee for the spirit of glory of God resteth on you since it is undenyable that on their part who are your Enemies he is evil spoken of but on your part he is glorified Though men think that you suffer as murderers or as theeves or as evil doers or as busy bodyes in other mens Matters Yet having an undoubted ground of persuasion that you suffer as Christians for owneing Christ's interest and his Covenanted work in the land you need not be ashamed but have cause to glorify God on this behalfe And since you suffer according to the will of God commit the keeping of your souls to him in wel doing as unto a faithful Creator Bewar of snares and sinful bonds for the same spirit of Malignancy and enmity to the interests of Christ acteth in these which acted in that bloody persecution the same designe is carryed on to wit the constant banishing of Christ and his interests out of the land and the establishing of these grand images of jealousy which provoke to jealousy O
and bloody way by armed mercylesse and bloody souldiers which looketh rather like the execution of a bloody act for massacreing then of a law made for the good of the Commonwealth This last toucheth our case as was shovved 6. It is one thing to speak of resisting and offering violence to the very person of the Magistrate and another thing to speak of resisting his bloody Emissaries 7. So it is one thing to speak of resisting his bloody Emissaries cloathed with a commission to exact the penalty imposed by law But it is a distinct thing to speak of resisting his bloody Emissaries exorbitantly exacting what they please without any regaird had to the standing unrepeled law though sufficiently grevious 8. It is one thing to speak of vvhat privat persons may or ought to do when injured oppressed there is some door open to get themselves eased of these oppressions by complaineing or appealing to the superior Magistrats or by simple petition and supplications But it is a far other thing to speak of what a People may do when all door of hope is closed and when simple supplicating would make them lyable to the crime of lese Majesty which was their case 9. It is one thing to speak of what a company of private persons may do in their owne particular case without the concurrence of the rest of the community who are not concerned in their case nor particularly engaged to help and concurre with them in that particular and another thing to speak of what privat persons though the minor part of a community may do in a case which concerneth not themselves alone but is common to all though it maâ— be they suffer most of the heat of persecution upon the account of that common cause and in a case wherein all the whole community is bound and obliged to other to stand to and maintaine one another in the defence of that common cause and that by solemne bonds vowes and Covenants Now this was their case 10. It is one thing to say that the minor pairt of a community may rise in armes against all the Magistrats and seek to exauctorate them and overturne their power and against all the rest of the body and presse them to be of their minde and another thing to say they may take armes in their owne self defence when tyrannically oppressed for adhering to that Covenant and cause which the whole body of the land was engadged to maintaine with lives and fortunes no lesse then they without any intention to wronge the Magistrat's Just power and authority or to do the least injury to any of the community who would not carry in a hostile manner towards them Now such was the case and carriage of that poor people 11. It is one thing to say that private persons when injured by unjust lawes and when able to resist and oppose the Magistrate may never submite unto undue penaltyes which he salsly fathereth on Naphtaly But it is a far other thing to say that in some cases hic nuâ—c privat persons may resist the unjust and illegal force of Magistrats or that it is false to say that in no case imaginable private persons may resist unjust violence offered to them by Magistrats Or which is all one that in every case whatsomever it is the duty of privat persons to submit unto the most iniquous illegal and tyrannical impositions penaltyes and exactions or unto tyrannical and unjust lawes Now this is the true state of the question in thesi and if this be granted we seek no more as to that being persuaded the hypothesis will follow clearly from the thesis and hing on it without many knots of arguments to fasten it 12. It is one thing to say that private persons may call their superiour Magistrats when making defection to an account judicially processe them and formally give out sentence against them vvhich he injuriously allaigeth upon Naphtaly as any vvho vvill impartially consult the places by him cited vvill finde But it is a far other thing to say that private persons in some cases in way of defence and maintenance of the reformed Religion may stand to its vindication and this is all the vindicative povver vvhich Naphtali Pag. 18 19. the places vvhich he citeth speaketh of as incumbent to private persons From these things it is apparent to any of an ordinary reach in those matters hovv far that vvhich he maketh the knot of the question is from the true plaine full and reall state of the businesse novv controverted vvhich vve have laid dovvne And vvhat unfaire dealing vve way expect thorovv the rest of his pamphlet any may judge by what we here finde in the very stateing of the controversy But he vvill say that the Author of Naphtali vvhom he ignorantly tearmeth the libeller but in truth the honest vindicator of the innocency of the suffering people of God hath so stated it in his book It is true this Surveyer sayeth so Pag. 21. But vvhy did not he direct his reader unto the page vvhere such a state of the question vvas to be found I appeale to any vvho ever read that book to judge vvhether this man speaks truth or not Ay but you vvil say He hath cited Pag. 13 14. Naphtalies very vvords and hath cited the pages where these are to be found out of which words the State of the controversy as by him proposed may be drawne I Answer It is one thing to draw conclusions or consequences from the words of an adversary while he is prosecuting his arguments and out of these raise a state of a controversy and another thing to say that his adversary doth so state the controversy while as he speaks no such thing now both these are soloecismes the one in morality the other in way of disputing and of both he is guilty first it is an un truth to say that Naphtali doth so state the question as he allaigeth he doth and it is no better to say that Naphtali doth so state the question because here and there in his book he hath some expressions that seem to look there away Againe it is an absurd way of disputing and intolerable to draw the state of a question out of a mans expressions here there uttered in the prosecution of his arguments Whereas the state of the controversy is that which all his arguments prove conclude But what if al these expressions which he hath raked together out of Naphtaly will not bottome his assertions or the state of the question as he proposeth it sure every one must take him for a meer wrangler animpudent ignoramus in the matter of handleing a controversy if it be so And whether it be so or otherwayes let us now try The words he citeth first are out of Pag. 8. viz. these which I shall not curtaile as he doth but set downe fully And it will also appear that the necessity of convocations and combinations though
162. thinketh othervvayes and proveth that self defence is lavvful to a private person against the Magistrate for the lavv vvhich allovveth to repel violence vvith violence maketh no distinction betvvixt a publick person and a privat person and the law of Nature alloweth it against every one for it knovveth no difference And as to that vvhich some vvould say That his death would be hurt full to the Commonwealth He answereth That he who resisteth the Prince doth intend no hurt to the Republick and it is not per se but per accidens that he standeth in the way of the good of the Commonwealth and if he should suffer himself to be killed he should transgresse against the Law of Nature Yea I much doubt if the Surveyer himself would not rather kill in this case as be killed and with Naphtaly account Self-defence a principal rule of righteousnesse however now he would disprove this assertion if he could And would let that passe of loving himself more ad finem suum ultimum and suam virtutem Finally what he sayeth against this assertion of Naphtaly is to no purpose for the Author of Naphtaly will readyly grant that in some cases not only a man but a compauy of men may yea ought to preferre the preservation of others unto the preservation of their owne life because of a divine command to defend Religion Libertyes Posterity and Countrey from the unjust invasion and violence offered by wicked Emissaries But he shall never prove That the Body of a land or a considerable part thereof is to hold up their throats to be cut by the Kings cut-throats when he they are seeking to root out the Covenanted-work of Reformation to destroy the Libertyes of the land and to make all perfect slaves both in soul and body CAP. III. A fourth Argument Vindicated taken from Scripture-instances Our fourth argument shall be taken from instances of opposition and resistence made unto the Soveraigne or his bloody Emissaries by private subjects without the conduct or concurrence of their Representatives recorded in scripture and which we finde not condemned by the Spirit of the Lord So that whosoever shall condemne the late vindicators must also condemne these instances As. 1. They must condemne the Iewes standing for their lives against their Enemies armed against them with a commission from King Ahasuerus sealed with his ring which no man might reverse in the dayes of Mordecai Esther But some vvill say That they had the King's commission which did warrand them to take the sword of defence against any that should assault them under pretence of the former decree I Answere If their having of the King's commismission did in poynt of conscience warrand them It had been utterly unlawful for them to have withstood the King's butchers if they had not abtained that commission and warrand But what man of common sense will say this This later decree did in poynt of law warrand them to gather together with saifty and security that they might the more easily not only defend themselves from their Adversaries assaulting them but also to destroy to stay and to cause to perish all the power of the people and province that would assault them both little ones women and to take the spoile of them for a prey Esth 8 11. But didnot could not make their selfdefence against such manifest bloody cruelty lawful in poynt of conscience if otherwise it had been unlawful Though every instance will not in all poynts quadrate for nullum simile est idem yet vve have here in this instance these things for our purpose 1. private subjects without their Ephori or Representatives arming themselves for defence that 2. against bloody Emissaryes of the King 3. bloody Emissaries armed by a formal commission decree and vvarrand from the King 4. A commission formally never reversed but standing in force as the decrees of the Medes and Persians that might not be altered 5. and this defence as lavvful in it self in poynt of conscience for if it had not not been so the King's vvarrand had never made it so so declared lavvful in poynt of lavv by a decree from the King after better thoughts In imitation of vvhich It had been a commendable practice in the King and Council if they had been so farr from condemning these innocent self-defenders since as they thought in poynt of honour and credite they vvould not retract or reverse their decrees and commissions once granted that they vvould have authorized them and absolved them in poynt of lavv since in poynt of conscience no man could condemne them for standing to the defence of their Estates Lands Libertyes Lives and Consciences unjustly oppressed by mercylesse Emissaries 2. They must condemne the people their rescueing of Ionathan from the sentence of death unjustly given out against him by King Saul 1 Sam. 14 44. In ansvvere to this instance our Surveyer sayeth Pag. 65. That the people used no violence against Saul when he went about to put to Death innocent Jonathan but in the heat of souldiery boldnesse do effectually interpose with Saul and mediate for the life of Jonathan moving Saul to Wave respect to his rash oath and to regaird what was just and right Answ 1. The matter came not the length of violence but had the King pertinaciously adhered to his rash and sinful resolution and by force had offered to draw the innocent Man to death that which they did spoke clearly they would have resisted him for whether the King would or not yea contrare to his oath they sweare in the face of the King that Ionathan should not die 2. It is but gratis dictum that only in the heat of a souldiery boldnesse they did mediate beside that there seemeth to be a material contradiction here for souldiers mediating and interposing especially in the heate of souldiery-boldnesse useth not to be with humble supplications intreaties but with violence or with what will usher in violence 3. We heare of no arguments they use to move bloody Saul to change his purpose but this as the Lord liveth there shall not one haire of his head fall to the ground He sayes Pag. 66. That the people did not oppose an oath to Saul's oath for Junius exposition may passe well that they spoke not by way of swearing but by way of reasoning abhorring the destruction of such a person absit ut vivit Jehovah an cadere debet Ans The word which they use is no other way translated here by Iunius then elsewhere and elsewhere it hath clearly the import of an oath as may be seen Iudg. 8. 19. 1 Sam. 19 16. and 20. 3 21 25 26. and in many other places 2. The People spoke these words as Saul spoke them ver 45. and therefore they are directly an oath of the people opposed to Saul's oath 3. Iunius himself sayeth that they opposed a just oath to Saul's hypocritical oath Sanctius in locum sayeth the people
who sate with him see yee how this Sone of a murderer hath sent to take away my head look where the Messenger cometh shut the door and hold him fast at the door is not the sound of his Masters feet behinde him Here was unjust violence offered to the innocent Prophet an Emissary sent to kill him without cause and the Prophet resisteth his violence causeth hold him at the door and violently presse him or presse him betvvixt the door and the wall vvich speaketh violent resistence keep him say the Dutch Annot. by force at the door yea Iosephus thinketh that the King follovved quickly after left the Prophet should have killed his servant This clearly sayes that it is lawful for privat persones for the Prophet vvas no other but a private subject to resist unjust violence offered them by the King or his Emissaries and with violente resistence to defend themselves 7. Much more will they condemne other instances of greater opposition made to the rage and tyranny of Princes which we finde recorded in scripture and not condemned As. 1. That opposition made by the Ten tribes to Rehoboam when they revolted from him after they had a rough and tyrannical answere unto their just and lawful demands 1 King 12 1. c. 2 Cbron. 10 11. They desired nothing upon the matter but that He would engadge to Rule over them according to the law of God and He gave a most harsh and tyrannical answere and avowed that he would tyrannize over them and oppresse them more then any of his predecessours and that his little finger should be heavier then their loyns whereupon they fell away from him and erected themselves into a new Commonwealth and choosed a nevv King And vve finde nothing in all the text condemning this for it vvas done of the Lord the cause vvas from the Lord that he might performe his saying vvhich he spoke by Ahijah and vvhen Rehoboam raised an army to reduce them againe under his power and command the vvord of God came unto Shemaiah saying speak unto Rehoboam c. and say thus sayeth the Lord yee shall not goe up nor fight against your brethren the children of Israel returne every man to his house for this thing is from me It vvas done by the vvill of God sayeth Iosephus Antiq. Lib. 8. c. 11. And there is not one word in the text importing that this vvas condemned by the Spirit of the Lord for as for that vvord 1 King 12. 19. So Israel rebelled against the house of David It may be as vvel rendered as it is in the margine they fell away and so doth the dutch render it and lunius defecerunt they fell avvay or made defection and the original vvord is of a larger signification then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vvhich properly signifieth to rebel yea though the vvord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had been here used it vvould not have imported a sinfull rebellion and defection more then 2 King 18. 7. vvhere Hezekiah is said to have rebelled against the King of Assyria and this was a frute and effect of the Lords being with him and prospering him whithersoever he vvent forth The Surveyer Pag. 66. can say nothing but That no sound man will think the suddaine and furious rebellion of the ten Tribes from Davids house upon the furious and rash answer of a young King was justifiable But vvhatever he say or think it doth not weigh much with us had he shewed us out of the Text that this was condemned by the Spirit of the Lord as sinful upon the matter we should heartily have acquiesced but since we see more hinting at an approbation thereof we must rest there till we see stronger reasons then his naked assertions But sayes he It would be considered that these who made the secession were the major part of the body of the people but what is all this to justifie the insurrections of any lesser party of private people against the Magistrate and all Magistrates supreme subordinate Ans By what right this Major part of the Body did make secession by that same right might the equal half or the lesser part have made secession for the ground of the lawfulnesse of this secession is not founded upon their being the major part but upon the reasonablenesse of their demand and the tyrannicalnesse of the King's reply 2. This sayes much for us for if it be lawful for a part of the people to shake off the King refuse subjection unto him and set up a new King of their owne when he resolveth to play the Tyrant and not to rule them according to the law of the Lord but after his owne tyrannical will then it cannot be unlawful for a part of the people to resist his unjust violence and defend themselves against his illegal tyranny and oppression The consequence cannot be denyed seing they who may lawfully do the more may do the lesse also So that seing this people might lawfully refuse subjection and homage unto Rehoboam and all his subordinat Magistrates They might also lawfully have defended themselves against his tyranny and the tyranny of all under him and if They might lawfully have done so so may we 2. They should far more condemne the revolt of the city of Libnah 2 Chron. 21. 10. This wicked King Iehoram when he was risen up to the Kingdom of his father strengthened himself and slew all his brethren with the sword and diverse also of the Princes of Israel v. 4. and walked in the wayes of the Kings of Israel like as did the house of Ahab for he had the Daughter of Ahab to wife he wrought that which was evil in the eyes of the Lord v. 6. and he made him high places in the mountaines of Iudah and caused the inhabitants of Ierusalem to commit fornication and compelled Iudah there to v. 11. 13. and because he had thus forsaken the Lord God of his fathers did the city Libnah revolt from under his hand Commentators cleare this to have been the reason as Cornel. a. lap in loc propter impietatem Regis defecit ab eo Libna Sancitus on 2 King 8. 22. Lobnah recessit ne esset sub manus illius dereliquer at enim dominum patruum suorum Pet. Martyr on 2 King 8. v. 22. Causa in Paralip describitur ob Regis impietatem qui suos nitebatur cogere ad idololatriam quod ipsi Libnen ses pati noluerunt merito principibus enim parendum est verum usque ad aras cum illam terram inhabitandam a deo eo foedere habuissent ubi illum juxta ejus verbum colerent jure ejus idololatriam admittere non debuerunt Thus he approveth of their revolt in this case What sayes our Surveyer to this This sayes he imports not the impulsive cause of the revolt or motive which they had before their eyes for in that same verse period it is said the Edomites also revolted from him
did they assume to themselves any such power and authority It is true there were then a great number of Noble Patriots and renowned Nobles who laid the work of reformation to heart and laid out themselves to the utmost of their power for the same and because of their concurrence the vvork vvas the more feazible and easy to be carryed on but I think the stresse of the lawfulnesse of that defensive warre did not lye wholly upon their shoulders so that if they had with drawne all the rest of the body of the land had been bound in conscience to have deserted the same also It is true it was of great advantage unto the cause that God stirred up the spirit of the Nobles to owne the same and is so alwayes upon many accounts and their concurrence had its owne auxiliary force to justify the interprise for abundans cautela non nocet But I remember not that the lavvfulnesse of that defensive war was stated only or mainely on that particular It is true They are Primores Regni be vertue of their particular places and stations and be vertue of their eminency over others and power by reason of their eminency and so are engaged beyond others to see to the good of the Land and of Religion for the good of the souls of such as are under them and on whom they have or may have influence And be reason of this may authoritatively even as such do many things when there is no other constitution of a Supreme Representative But when a constitution of a Supreme Publick Representative is condescended upon and setled it is certane they cannot separatly yea nor joyntly act in the power and capacity of a formal Supreme Representative but when they are with others constituent members of that Representative and out of that Representative unlesse by power and commission from it they cannot act judicially or authoritatively nor in any other capacity formally then as private persones though as persons of greater interest and share in the Commonwealth and so under greater obligations both by the Lavv of God and of nature to bestirre themselves more effectually for the good of the same and as persons of greater influence and conduct yet still under the notion of private persons private persons I meane as opposite to persons cloathed vvith publick authority and Parliamentary povver I grant they are borne-Heads and Magistrats of the Countrey as being in eminency above others and as being by birth conforme to our constitution borne-Members of Parliament and so in potentiâ proximâ and in a nearer capacity then others are to vote and acte in Parliament but still I say considered out of Parliament or vvhen there is no Parliament they cannot exerce any Parliamentary povver conclude or determine any thing of that nature more then others It is a truth also that they have by reason of our law and constitution a Magistratical power limited to such and such causes over such and such particular places but that is only and inferiour and subordinat civil power and cannot extend beyond that limited bounds more then the power of Magistrates in Broughs or Sheriffs in Shires or Baylies in Baylieryes or the like and is no part of that Magistratical power which is commonly called the power of warre I grant that they and all other inferiour Magistrates are to seek to promove the good of the vvhole land and to concurre according to their povver for the same even because of their interest and share of that subordinat povver But they cannot act under that notion nor do any thing be vertue of that particular povver nor exerce any acts thereof out of the bounds of their several jurisdictions But all they do is by vertue of that fundamental power belonging to all the members of the Commonvvealth according to their several places and relations Hence therefore it it cleare that our vvorthyes then acted not as a publick judicatory or as publick persons cloathed with publick authority So that vvhosoever shall condemne this late act of defence upon the account that it vvas managed by meer private presons must also in reason condemne that which these worthies did and so conspire with the Malitious Malignants ingrained in wickednesse and enmity to the way and work of God A fourth and last instance is that of our first reformers in the dayes of Mr. Knox for at the beginning of the reformation there were but very few Nobles who concured as Mr. Knox testifyed in his sermon Nov. 7. 1559. in these words when we were a few in number in comparison of our Enemies when we had neither Earle nor Lord a few excepted to comfort us we called upon God and took him for our protector defence and only refuge And in the following words he sheweth that it fared rather better with them then worse when they wanted the concurrence of Nobles For sayeth he amongst us was heard no bragging of Multitude nor of our strength and policy we did only sob to God to have respect to the equity of our cause and to the cruel pursute of the tyrannical enemy but since that our number hath been thus multiplyed and chiefly since the Duke with his friends hath been joyned with us there was nothing heard but this Lord will bring these many hundered spears This man can perswade this countrey if this Earle be ours no man in such bounds will trouble us And thus the best of us all that before felt God's potent hand to our defence hath of late dayes put flesh to be our arme And as Mr. Knox said so it was much of their businesse was carryed on without the concurrence of many Nobles We hear of no nobles with the gentlemen of the west when they came from the border to the Queen and when Iames Chalmers of Gaitgirth said to her when they had heard that she had caused summon the protestant preachers Madam we know that this is the Malice of the jewells and of that bastard meaning the Bishop of S. Andrews that standeth by yow but we shall make a day of it They oppresse â—s and our tennants for feeding of their idle bellyes they trouble our preachers and would murther them and us Shall we suffer this any longer No Madam it shall not be Nor was there any of the Nobles present when that abhomination of carrying an idol on S. Giles day was opposed There were buy foure Nobles that subscribed the first bond at Edinburgh Decemb 3. 1557 Where the whole congregation resolved by the grace of God to apply themselves their whole power substance and lives to maintaine set forward and establish the most blessed word of God and his congregation c. So foure of five only subscribed the second bond at Perth may last 1559. We finde not many Nobles with them when they petitioned the parliament And there protested that they would worshipe God according to the right manner That none of them therefore should incurre any danger That if
either virtually or expresly approved and the worthy actors praised and highly commended as indeed they did deserve 9. None ever condemned these actions as treasonable and rebellious but such as were knowne to be real and heart-enemies to the work it felf no tongues were ever loosed against them except the imbittered tongues of sworne adversaries ingrained Malignants Enemies to God and godlinesse haters of the power of it These and none but these who are of their father the devil durst condemne the same And many hollow hearted professours among whom this Surveyer deserveth to be rekoned were forced against their hearts to approve of the same joyne in with the favourers maintainers of that noble cause so forceable was the light and the power of that Sprit that acted the worthies in these dayes who now have turned open Apostates from that truth and cause have adjoyned themselves unto that ever accursed Popish Prelatical and Malignant faction Yea remarkeable it is that God did so overpower the pen of that Arch-Enemy Spotswood that though he would have said all which Hell it self could have prompted him unto yet durst say no more of these first courses and practices but that they were Violent and disorderly And this Rabshaketh the Surveyer who in the end of his book having reserved the dregs of what he had to exscreate against the work of God and his worthyes until then Pag. 118. c. would out-stripe his predecessours and spevv out his venome like another adder of the same spavvne yet the overruleing providence of God hath so curbed him that he gote not liberty to run the full length he vvould and therefore he sayes We cannot justify all courses that were used then for carrying on the work of reformation and againe if some instruments thereof were guilty of sedition or sacrilege or self seeking and againe if sinful courses were then used by men and againe Pag. 119. Let us not stand superstitiously upon the justifying of all their deeds Who sees not this wicked mans Mouth bridled by the restraineing power of God so that he cannot he dar not plainely and expresly call these courses seditious or rebellious but cometh on with his Ifs and if some instruments and all their courses cannot be justified as if in the most laudable work to which men might have a most cleare call some accidental or circumstantial actions might not abide the test and as if among a company some might not have by-ends while a good work was laudably and lawfully as to the maine carryed on Ay but this good man you will say is mighly in love with the work of reformation and blesseth God for it Pag. 118. 119. True we finde him say so in words but God knoweth his heart But is it not strange that fince he sayeth he approveth the work he will be more blinde then was that poor man in the gospel whom he mentioneth who had his eyes opened Ioh. 9. for that blinde man did see a divine power in the work wrought and said v. 33. If this man were not of God he could do nothing and will not only not see the mighty hand of God in the instruments but tells us he is not much concerned to enquire But what needeth him much doubt of a divine call considering the work it self it 's end the direct tendency of the meanes unto this end the real christian intentions of the instruments which he will not see in the instances he bringeth viz. of the wicked hands crucifying Christ of prophane and unfaithful Ministers preaching of a leprous hand soweing seed of acts of fornication and adultery Why then doth he adduce such Instances so impertinent Wil he proclame himself a fool of the first magnitude in so doing Ay but he would have us following the practices of the primitive christians who never used any undutyful resistence to or violence upon the Magistrats rather then the precedents in these dregs of time But why will he not follow their practices himself Was it their practice to abjure a lawful Covenant sworne for the maintainance of the Truth Was it their practice to renunce their former profession and turne Apostates from the truth which once they avowed Was it their practice to turne their back on Christ and his interest for the will of creatures and for a mease of pottage Was it their practice to change their Religion with the court Concerning the practice of the primitive christians in this poynt and how imitable we shall speak afterward If these were the dregs of time wherein there was so much faithfulnesse Zeal constancy piety singlenesse of heart contempt of the world what dregs of dregs of time are we novv fallen in vvherein there is so much infidelity atheisme perjury falshood lukwarmnesse inconstancy imbraceing of this present vvorld and all sort of wickednesse and prophanity But sayes he Pag. 119. let it be so that much of the way of these who were at first instrumentall in the reformation in this Land were justifiable upon the account of purging the Church from the horrid grossnesse of idolatry corruption of doctrine tyranny and usurpation over poor soulls wherewith the man of sin had for many ages defiled and burdened the poor Church and upon the account of the open hostility to the truth wherein Magistrats then stood together with the inbringing of forraigne furious forces upon us even to the heart of our Land How unlike was the case then to what it is now and how unable is the case now to beare the burthen of a conclusion for such practices as then were used Answ But truely wise judicious Men will not see the case then so far different from what it is now as that the case now shall not be so able to beare the burthen of a conclusion for the same practices Seing there is this day as much horrid grossnesse of idolatry in the Land as hath been at any time these hundereth yeers And as for corruption of doctrine alas Who doth not heare it and see it that heareth these locust-curates preach downe all piety and godlinesse and harden people in defection and apostasy from God It is as great a corruption in doctrine as needs to be to pervert therein the right wayes of the Lord to lead people into the broad way which leadeth unto destruction againe what greater tyranny and usurpation over poor souls would he have then is now exercised since the perjured Prelates the kindely brood of the Man of sinne have defiled and burthened our poor Church The Apology and Naphtaly have abundantly manifested and dayly experience confirmeth it That the tyranny and usurpation is insupportable and as grievous as it was them Moreover is not the open hostility to the truth as manifest in the Magistrats this day as legible by such as run on all their acts and actings as it was then who seeth not this but he who can not see the wood for trees And as for
pillage plunder kill and persecute unjustly Then the innocents may no lesse defend themselves against their violence injuries oppressions murthers c. then against the violence oppressions and injuries of others for the wrongs and injuries they do are as reall wrongs injuries and in some respect greater as the wrongs and injuries committed by others Therefore the People are still allowed to use their privilege of self defence even against them and their unjust violence in cases of necessity as wel as against others 4. If it was of the People that this forme of Government and not another was pitched upon and made choise of no man in reason can thinke that their condition should be worse under that forme then under any other since they acting rationally made choise of that as the best and most convenient and conduceable to their ends But that that forme should be every was as much for their peace saifty welfare and security as any other ought no more to binde up their hands from necessary self defence when urged thereunto by inevitable necessity then if they were free from under that forme 5. If it was of the Peoples owne accord that they associated with such of such without any previous determination of Nature necessitating them thereunto Then it is rational to inferre that their association with such should not be to their detriment and manifest hurt nor should it incapacitate them for doing that in their owne defence which before that association and combination they were allowed to do So that if the equal half major or minor part should lye by and refuse to concurre with the rest in their necessary defence Those who desire to stand to their owne defence and repel violence with violence are not in poynt of conscience justly restrained or bound up If the equal half or major or minor part of an army betray the cause or revolt to the Enemy the honest party will be allowed in poynt of Law and Conscience and Valour to stand to the cause and defend themselves and their Countrey to the last man yea even though the General himself should become a Head unto that revolting party 6. If it was in the Peoples power to limite the time definitely or indefinitly how long such a forme should continue and therefore had power as Politicians will readily grant to change that forme when the necessity of their condition did require it Sure it cannot be repugnant to Reason to say That the People have still a power to defend themselves from the manifest injuries and intolerable oppression of that forme or of these who are exerceing in that forme If a people may lawfully change a forme of Government when it becometh intolerably grievous and not only not conduceing to the good of the Commonwealth but clearly and sensibly tending to its destruction they may be lesse if not more lawfully defend themselves against the manifest and intolerable injuries thereof Yea even in case they had by vowes or engagements so bound up their hands that they could not alter the forme it were not rational to thinke that their case should therefore be irremediably the worse but that rather God and Nature would allow them in that case so much the more to make use of their primaeve privilege of self defence because they could not use their power of altering the forme for their security and saifty as otherwise they might have done 7. If the People make Magistrates and set them over themselves then though it were yeelded which yet lawyers and politicians not a few will not grant see Althus pol. cap. 38. n. 35. where he proveth it by l. nemo qui 37. de reg jur l 6. solent de offic procons l. 3. de re jud novel 15. de ef civ c. 1 § 1. that they had no power to depose them againe in case of male-administration and abuseing the power to the destruction of the Commonwealth yet it will undenyably follow that the people may defend themselves against their manifest iyranny and oppression for it wil be granted that a People have more power in creating a Magistate then in making a Minister and it will be granted likwayes that if the Minister turne heretical and preach atheisme Mahumetanisme or the like the People though they could not formally depose him or through the corruption of the times could not get him deposed by these who had power yet they might lawfully guard themselves from his unsound doctirne and defend their souls from his haeresie by withdrawing and if he should use violence to force them to heare him acknowledg him as an orthodox teacher they might repel violence with violence and peremptorily maintaine the Truth 8. If it was from the People That such a way of conveyance of the Magistratical power was condescended on so that when they pitched on this they might have chosen any other Then as Lawyers will grant they have still power to alter the same as necessity requireth much more then have they power to defend themselves against the Tyranny thereof and if either at the first constitution or afterward something interveened which laid such a restraint upon them that they could not change that manner of conveyance then so much the more are they allowed to defend themselves from the tyranny thereof by recurring in cases of necessity unto their primaeve privilege and this inward wall and bulwark ought to be the more fortified that they want their outter fortifications 9. If even where the conveyance runeth in a line the Successour cannot pretend to more dominion over the subjects then his Predecessours had and the People cannot rationally be supposed to be in a worse condition under the Successour then they were under his Predecessour seing he holdeth the place not jure haereditario but jure legali or jure constitutionis and therefore if they might lawfully resist the unjust violence of his Predecessour or of the First in the Line no man in reason can deny it lawful for them to resist his tyranny who cometh to that place by vertue of the fundamental constitution and no otherwayes 10. If upon pregnant considerations and for good laudable and necessary ends the People erected a civil state and such a forme of Government and such Governours to succeed to other in such a manner of way as the apparent and probable meane for the sure saife speedy and most effectual way of attaineing these ends It were irrational to think that being disappoynted of their expectations and frustrated of their hopes of attaineing the desired ends by such meanes They were in an irremediable case and had no meane left them of attaineing these necessary ends no not so much as that pure product of Nature self-preservation and power to repel force with force No man will say but that a People are loosed from their obligation to use such meanes which they formerly pitched upon for these necessary and important Ends when i they not only prove
the law of the XII tables so it was in force whatever forme of government was exerced But syes he Prael 9. § 19. Hence it will not follow That People may when they perceive or cry out that they perceive their libertyes hurt in some things take armes without the Princes leave and violate all lawes and dutyes and so raise tumults and seditions Ans Neither do we say so nor resolve to draw any such conclusions therefrom but this is cleare that when the covenanted work of reformation is overturned laudable lawes establishing the same contrary to oath and solemne Engagement rescinded libertyes palpably violated People in humanely persecuted for adhereing to their Covenants c. and unjustly oppressed by the Kings emissaries people may then take armes in their own defence though the King should refuse to consent or should countenance the oppressours carry on that inslaving course Againe he sayes let any read and read over againe that sentence of Cicero and search every pairt of it where vvill he finde any vvarrand for Subjects to rise up against princes to injure them or dethrone them Ans We do not intend to search the sentence for that end it vvill suffice us if hence vve finde ground to conclude the lavvfulnesse of Peoples defending themselves against tyrannizeing Princes in cases of necessity and let him or any for him read and better read that vvhole period and narrovvly consider and examine every sentence and vvord in it and see if he can finde this condemned Ere I come to speak to the other particular I shall from this draw some few things useful for our purpose and 1. It is irrational and meer flattery to cry up and exalt the Soveraignes prerogative in prejudice and to the destruction of that for which both He and His Prerogatives are and were appoynted as subservient meanes the saifty of the People That being de jure his maine end and it being for this cause end that he is endued with such power and hath such privileges and prerogatives conferred upon him and allowed unto him He and his Prerogatives both should vaile unto this Supreame Law the saifty of the People so that when they come in competition The Peoples saifty of right is to have the preheminence 2. Since all other lawes municipal made and established in a free Realme must be subordinate unto this Principal and Cardinal law and have tendency to promove corroborate and establish it Then when any of these Lawes in their letter strick directly at the root of the saifty of the People and thoward and crosse that maine and highest law That law is Eaienus null and really no law So that it is but childish scrupulosity to start at the letter of a law when the Commonwealth is in hazard and it is but brutish ignorance to object the letter of a low against such as are endeavouring the saifty of the people which is the maine businesse and to preserve the Commonwealth from ruine and destruction against which no law is or can be of any force or value but null and of no effect for here it holdeth true that summum jus is summa injuria 3. Since Lawes themselves when in their letter they crosse this maine law must be accounted as no lowes really and de jure and may saifly be neglected and passed over when the Peoples saifty is in no small hazard by the strick adhereing to the letter thereof Then much more may punctilioes and law formalities be laid aside when the Commonwealth is in danger When there is a fire in a City all the formalities of order are not strickly to observed 4. Since The privileges and lawful prerogatives of the Soveraigne must vaile in cases of necessity unto this High and Supreame Law the saifty of the People Then no lesse must the privileges of a Parliament yield unto this for whatever privilege they enjoy it is in order to this end and the meanes must alwayes have a subserviency unto the end and when they tend to the destruction of the end they are then as no meanes unto that end nor to be made use of for that end 5. Though King and Parliament both should conspire together against the good of the Land yet di jure they have no power or authority to destroy that End and whatever they enact or doe tending to the ruine of this maine and principal good which they should have before their eyes as their end is ipso facto null 6. When acts and actings of King and Parliament tend directly and are made and done of purpose to destroy and overthrow the work of reformation in doctrine worshipe discipline and government which was owned and established by lawes with all formalities of law and was avowed by solemne vowes Covenants attestations protestations declarations and engagements of all ranks of People from the highest to the lowest and courses are laid doune to force and constraine People to renunce their Covenant with God to turne perjured apostates and when by acts and actings the fundamental tearmes conditions of our reformed constitution confirmed by unrepelable lawes by the King 's accepting of his Crowne and Scepter and all other Magistrates accepting their places upon these tearmes are overturned and when by an arbitrary and illegal tyranny no man hath security for his life his lands his libertyes nor his religion is not the saifty of the People in danger No man needs to say who shall be judge The Magistrates or the people For all who have eyes to see may judge whether the Sun be shineing or not and all who have common sense may judge in this case When these things are done and avowed they cannot be denyed and no man of reason or religion will deny the inference Hence then it is cleare that no man in reason can condemne the late act of defence which was the only meane left for preserving of that which all government and Governours should level at viz. The saifty of the People both in soull and body their Religion Lives Liberties Privileges Possessions Goods and what was deare to them as men and as Christians howbeit it vvanted the formality of the authority of Soveraine Parliament or Councel No man vvho vvill not deny this axiome can condemne them as Traitors seing they vvere noble Patriots and loyall to that Supreame lavv The saifty of the People As to the other particular concerning the absolute power of the Soveragne We say 1. That the Soveraigne is under obligations to his People and bound limited by conditions we have shewed above which conditions he is bound to observe see Hoen Disp Pol. 9. 2. That the Soveraigne is not exempted from the lawes of God none but profane gracelesse vvreatches vvill deny since he is a creature of God's and a subject to him and his servant Rom. 13. and therefore must not transgresse his lawes under the paine of high treason and laese Majesty It was but a base saying of an impudent whore Iulia
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
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
no judgment and he saw that there was no man and wondered that there was no intercessour Truth and the cause of God was so at under that a man could not get leave to live if he depairted from evil he was a prey unto the persecuters so general and universal was this defection and at this time he saw that there was no man and wondered that there was no intercessour to interpose none that would stand up and lay out themselves to the utmost to set things in order none that would bestirre himself for truth and the right which was then oppressed see the English Annot. on the place the word is used 2 Sam. 22. 17. where it is said the servants of Saul would not fall upon the Priests of the Lord. So Exod. 5. 3. lest he fall upon us c. So that we see there was some positive thing required of them some effectual mediating and interposeing and hindering of these iniquities some publick owneing and avowing of the truth and by publick testimonies or other wayes of interposeing falling-into impede and stand in the way of that course of wickednesse 4. So Ier. 8 6. I hearkened and heard but they spake not a right no man repented him of his wickedness saying what have I done It is not probable that there was none penitent among them where then was Baruch and Ebedmelech Cap. 38. 7 9. and others that stood for the Prophet Cap. 26 8 16 17 24. But there must be some other thing imported viz. That there was few or none repenting of national evils and labouring to remove these no man was standing up and opposeing these publick land defections labouring by this meanes to raise up the virgin of Israel who was fallen Amos 5. 2. 5. Ierm 9 3. And they bend their tongues like their bowes for lies but they are not valient for the truth upon the earth that is they were ready enough all of them to imploy their power to the utmost for the evil cause to establish errour and a false way but they used no valour for the oppressed cause and truth of God they did not their utmost to have Truth established and the true Religion They did not put out themselves or make use of their strength for the maintainance of truth and equity in the land say the English Annot. and they make it parallel with Esa 59 4. This was their guilt and hereby we see what was the duty even of privat persons for of such this is to be meaned as the context cleareth in such a general day of defection viz. to be valient owners and maintainers of Truth against all opposers 6. Ier. 5 v. 1. Run yee to and fro throw the streets of Ierusalem and see now and know and seek in the broad places thereof if ye can finde a man if there be any that executeth judgment that seeketh the truth and I will pardon it We can hardly think that there were no mourners in secret in all Ierusalem though it is like they were very few but there was none to owne the good cause that was now troden under foot none bestirring themselves to oppose and hinder the carryed on course of defection If that had been the Lord sayes he would have spared the place which shewes how desirable a thing this was and how acceptable it would have been in the Lords eyes that for that cause he would have forborne to have destroyed them or to have cut them off 7. Ezech. 22 30. And I sought for a man among them that should make up the hedge and stand in the gap before me that I should not destroy it but I found none There were some even at this time sighing and mourning in secret for these abhominations who were marked Cap. 9. but there were none to make up the hedge which their provocations had made none to redresse the publick defection and Apostasy and stand for the truth and the suppressing of errour and iniquity So is it laid to the charge of their Prophets Cap. 13 5. that they did not goe up into the gaps neither made up the hedge for the house of Israel to stand in the battel in the day of the Lord Whereby we see that by this standing in the gape and making up the hedge more is meaned then a secret mourning even a faithful and publick owneing of the truth and opposeing of defection and putting a stope unto it as Moses did when he stood in the breach Exod. 32. though with authority as a Magistrate which private persones have not he not only prayed and wrestled with the Lord v. 11 12 13. but in great zeal took the calfe which they had made and brunt it in the fire and ground it to powder and strawed it upon the watter and made them to drink of it v. 20. If there had been any who thus effectually would have stood in the breach the Lord sayes he would have spared them so acceptable would such a work have been to him 8. So that word Ier. 13 18. Say unto the King and to the Queen humble your selves sit downe for your principalities shall come downe even the crowne of your glory Will import something more it being spoken to all indefinitely giveth a warrand to all to deal with King and Queen to prevent the sad dayes which were coming by reason of the defection and abounding sinnes 9. So that word Hos 2 2. Plead with your mother plead for she is not my wife which is spoken to private persones and so is a warrand to them to contend in judgment as the word doth import against the Church which was corrupted and had forsaken the Lord and his wayes and so to stand to the defence of truth and to plead for the cause of God against their very Mother the Church The body of the Nation that not only they might exoner their owne consciences but also get things reformed so far as lay in their power and keep the memory of the cause of God afresh that it should not be buryed These places and the like though we bring them not to prove immediatly our maine Question as it may be the Surveyer who useth to take but half a look of matters will suppose yet when duely considered in their just latitude and extent they will clearely evince That more is required of private persons in a general day of defection then to keep themselves free of the same or to mourne in secret or the like And if we lay them together they will clearly prove it the duty of privat persones in such a day of defection to be publickly declareing their abhorrence of the wicked courses which are carryed on to be actually and effectually interposeing with King and Great ones that a stope may be put unto the course of wickednesse and God's wrath averted that they would plead Zions cause against all opposers and thus stand up in the gape and make up the hedge by publick and avowed owneing of
co-active power in matters of Religion for notwithstanding of what he sayes the pleaders for universal toleration have the same door open they had 2. If he will deny this discretive judgment in matters of sufferings he must deny it also in matters of acting for if no man must judge whether the violence offered him be just or unjust why should a man judge whether the commands enjoyned him be lawful or unlawful And so as he may not so judge of the violence offered him in the matters of Religion as to repel unjust violence with violence neither must he judge of the lawfulnesse of the commands concerning Religion so as to refuse obedience to unjust commands And then it will follow that subjects must yeeld blinde obedience to all the commands of the Magistrate in matters of Religion and never question any of them This I grant is not to plead for absolute toleration but it is clearly to plead for absolute tyranny over consciences fit to be heard and received by Atheists but by none else 3. We know the most lawful thing may be abused and he dar not say that every one who pleads for a lawful thing pleads also for the abuse of it He who sayes a man must not change his true Religion at the command of the Magistrate doth not say that a man must not change that Religion which he thinketh in his conscience is the true Religion and is not at the command of the Magistrate So he vvho fayeth a people may defend their true Religion when the Magistrate is violenting them in it Sayeth not that every Sectarian company may defend that Religion which they take to be true and is not when the Magistrate is violenting them in it We say not that an erring conscience obligeth or that a man's thinking that he is injured in the true Religion is sufficient ground to engage him in violent resistance And he himself dar not say the Religion as reformed in doctrine worshipe discipline and government which the late defenders owned is a false Religion Nor dar he say that the corruptions which they opposed were the only true and necessary Religion He seems to chant some other thing here and there in this part of his pamphlet but we look for more in the following parts where we shall have his minde more fully Sure the Religion they owned and we stand for was the Religion he himself once owned and all the Magistrates Supreme and inferiour sealed and approved with their oathes and subscriptions And the corruptions they and we oppose were once by himself and all ranks of people of the land abjured oftner then once So that all this is but to raise dust in peoples eyes to the end they may mistake the way Againe sayes he does not this man plainely professe to stir up all with whom he can prevaile to violente others Magistrates Church-men people and all in the matter of their profession Answ Their profession is manifest and professed perjury for they have renunced the reformed Religion which they once owned and avowed with hands lifted up to the Most High and their extant subscriptions beare witnesse against them and all the congregations and publick meetings in which this Religion was owned are witnesses above all exception And they have with the dog licked up their vomite which once they spewed out with an oath of abjuration 2. But wherein are they violented Do they that stand to the defence of their Religion and labour or endeavour to have corruptions formerly abjured purged out incurre the crime of violenting others Yes for sayes he even private men are stirred by bloody exhortations to be revenged on and punish all Magistrates and others whose blood they thirst for because of their not being of their way which they call Religion Answer This is but one of many of his bloody assertions savouring neither of Christianity nor prudence but much of cruelty and tyranny and we see his teeth and his tongue both But the judge of the innocent heareth and seeth 2 Did not this perjured wretch and his fraternity call this way Religion and the true Reformed Religion when they swore those Covenants will he now come speak thus O but he must have a brazen face an abdured conscience Ay but he tells us afterward Pag. 48. that Whether truth lye on our side or his as to the poynts of Church government is the question and if we will not admit publick powers and authorities to be judges in that matter far lesse have they reason to admit of privat persones Answ 1. It seemeth it is past question with him that the vomite which he hath licked up is the most fatning morsel that ever he gote but the most fatning food is not alwayes the most wholesome And I fear this shall prove so to him if he repent not when for it the wrath of God and the long broad curse shall enter into his dwelling place and into his very soul 2. We are content the stresse of the businesse lie upon that question and shall be glade to hear what spirits his new food hath put into him to maintaine that condemned and abjured cause 3. We look not upon our publick powers and authorities as Judges competent in that matter nor did they judge as Judges should have done when they set up that abhomination but as men mad on their idols so did they run to please he knoweth whom 4. This is the very thing which Papists say anent the judge of controversies save that he puts the civil Magistrate in place of the Pope 5. This controversy is not to be judged till now and privat persones may be sufficient judges of what was sworne and subscribed by King and all rankes of People and must have more solide grounds and motives to induce then to renunce what they have been fully perswaded was truth and have owned as such under the paine of damnation by their solemne Oathes and vowes then the meer vvill and command of a Creature as obnoxious to errour mistakes as another And as for vvhat he hath a minde to say upon that head it is novv a little too too late unlesse he be able to do vvhat never one before hath done viz. prove that forme of government the only necessary government Iure Divino perpetually binding all in all ages but the vulgar vvill have a sufficient antidote against all vvhich he can say by seeing hearing vvhat they have seen and heard these yeers bygone both vvhen this abhomination vvas but about to be introduced and since it hath gote up to its pinacle though nothing should be said of the abhominable scandalous carriage of such as have imbraced that Antichristian course a true historical relation of vvhich vvould make the eares of all true Christians to tingle His 2. note is upon the probable capacity which Naphtaly spoke of this brings to his minde Bellarmin's excuse why the ancient Christians took not armes against
consonant to the word of God and publickly received with all solemnities imaginable notwithstanding of acts and lawes made to the contrary and no true Christian will say That subjects should imbrace any Religion which Magistrates will countenance and prescribe be what it will or upon that account 2. As they were thereby declareing their soul abhorrence of these corruptions which were countenanced and authorized by sinful acts and statutes so they were defending to the utmost of their power the reformed Religion according to their Covenant and vow to God And that such a defence as this is lawful we have shewed 3. They were defending themselves against intolerable and manifestly unjust violence offered because of their adhereing to the cause of God and to the reformed Religion which King Parliament and all rankes of People in the land were solemnely sworne to owne and avow all the dayes of their lives really sincerely and constantly as they should answere to God in the great day no lesse then they 4. They were mindeing their Oath and Covenant made with God with hands lifted up with solemne attestations and protestations the Covenants which they did make and renew in the presence of Almighty God the Searcher of all hearts with a true intention to performe the same 5. They were endeavouring in their places and stations according to the latitude allowed in times of such necessitie and in matters of such weight and moment to have the Church and Kingdome purged of these abhominable and crying corruptions and grievous abhominations which provoke the Lord to wrath against the whole Church and Kingdome 6. They were defending the maine fundamental law and constitution of the Kingdome and that maine article of Agreement and Compact betwixt Soveraigne and Subject which all the members of the Nation were no Lesse bound unto then they 7. They were joyning together as detasteing that detestable indifferency and neutrality abjured to defend and assist one another in the same cause of maintaining their reformed Religion with their best counsel bodyes meanes and whole power against the old inveterate and Common enemie that malignant spirit and rage according to their Covenants 8. They were repenting of their National sin in complying by their sinful silence not giving open faithful and faire testimony when the Truth of God was openly and violently trode under foot with that dreadful course of backslideing which was violently carryed on They were calling for justice and valiently pleading for truth sinfully and tyrannically borne downe and oppressed They were with zeal and courage valiently interposeing labouring to put a stop to the begun and far-carryed-on defection when truth was failing and he who depairted from evil made himself a prey that God might pardon and look in mercy on the land They were endeavouring to stand in the gape and make up the hedge and pleading with their Mother Church or a malignant faction in her shamefully departing from God when there was no other way or meane to be followed or essaved When all these things are duely considered and laid together It will appeare to impartial and unbyassed persones That the late act which is so much condemned and cryed our against is not so hainous and unpardonable a crime as this Surveyer and his wicked party vvould give it out to be but vvas a noble and laudable interprize for the glory of God the good of Religion Church and Kingdome beside that it vvas a most necessary and unavoydable act of self defence Since the Scriptures formerly cited vvill allovv more unto private persons then vvhat this Surveyer restricketh them unto as vve have shevved in a time of defection Then vvhen there vvas no other vvay left to do these dutyes there required and vvhen vvith all several other things did call aloud to a mutual conjunction in armes for defence of one another and repelling of unjust violence and prosecuteing the holy and necessary ends of the Covenants vvhich they svvore no man in reason can suppose that such a vvork is repugnant to Scripture or right reason but rather most consonant to both And though many do and will condemne the same even as to this interprize of Reformation upon what grounds and motives themselves best know yet Our worthy and Noble Reformer famous Mr Knox if he were living this day would be far from speaking after the language of such For he in his appellation Pag. 22. c. hath these words The second is that the punishing of such crimes as are idolatry blasphemy others that touch the Majesty of God doth not Appertaine to the Kings and chief rulers only but also to the whole body of the People and to every member of the same according to the vocation of every man and according to that possibility and occasion which God doth minister to revenge the injury done against his glory when that impiety is manifestly knowne And that doth Moses plainly speak Deut. 13 v. 12 13 14 15 16. in these words if in any of the cities c. plaine it is that Moses speaketh not nor giveth charge to Kings Rulers and judges only but he commandeth the whole body of the People yea and every member of the same according to their possibility And who dar be so impudent as to deny this to be most reasonable and just for seing that God had delivered the whole body from bondage and to the whole multitude had given his law and to the twelve Tribes had he so distributed the inheritance of the land of Canaan that no family could complaine that it was neglected was not the People and every member addebted to acknowledge and confesse the benefites of God Yea had it not been the part of every man to have studyed to have keeped the possession which he had received Which thing God did plainly pronounce they should not do except that in their hearts they did sanctify the Lord God that they embraced and inviolably keeped his Religion established and finally except they did put away iniquity from amongst them declareing themselves earnest Enemies to these abhominations which God declared himself so vehemently to hate that first he commanded the whole inhabitants of that Countrey to be destroyed and all monuments of their idolatry to be broken downe But in such cases Gods will is that all creatures stoup cover their faces and desist from reasoning when commandement is given to execute his judgement Albeit I could adduce diverse causes of such severity yet will I search none other then the holy ghost hath assigned first that all Israel hearing of the judgement should feare to commit the like abhomination and secondly That the Lord might turne from the fury of his anger might be moved towards the People with inward affection be mercyful unto them multiply them according to his oath made unto their Fathers Which reasons as they are sufficient in God's children to correct the murmuring of grudging flesh so ought they to provoke every man as before
forth unto us and pitch upon as the peccant and procureing cause 7. Though we could not satisfy wrangling wits touching the equity of this which yet the common and ordinary practice of men forfaulting a whole posterity for one mans transgression will not suffer us to account insolent yet we ought to rest satisfyed with what is clearly and undenyably held forth in the word and beleeve that for these causes such and such plagues were inflicted upon distinct and different persones because the spirit of truth sayeth so 8. As all Scripture was given by the inspiration of God and is profitable for doctrine for reproof for correction for instruction in righteousnesse that the Man of God may be perfect thorowly furnished unto all good works 2 Tim 3 v. 16 17. So these particular passages so particularly described are written for our learning Rom. 15 ver 4. and are out examples that we should not do as they did 1 Cor. 10 v. 6. and are written for our admonition 1 Cor. 10 ver 11. And therefore we must not look slightly upon them but ponder then narrowly as so many documents given us for our use and instruction and particularly that we may take warning to prevent such evils Now let us hear what the Surveyer sayeth Pag. 51. He layes downe two assertions 1. That no man is involved in divine judgments and punishments for the sinnes of others as the deserving cause of his punishment if he be no way accessory to these sinnes of others 2. That no private Subject is accessory to the sins of Rulers nor involved in the punishments of the same meerly upon the accouut of his tolerating the sinnes or not violent resisting the Magistrate in his sinful courses Answ Not to enlairge on these now because of what he is to say in explication of these we are then to speak I would only at present enquire 1. What accession had the army of Israel which was defate by the Men of Ai a stroke which made Iosua rent his cloaths and fall upon his face to the Earth until the even tyde he and the elders of Israel and put dust upon their heads unto the sin of Achan And why doth the Spirit of the Lord say Ios. 7 v. 1. That the Children of Israel had committed a trespasse in the accursedthing And againe ver 10 11 12. And the Lord said unto Iosua Get thee up wherefore lyest thou thus upon thy face Israel hath sinned and they have also transgressed my Covenant-for they have taken of the accursed thing-and they have put it even amongst their owne stuff Therefore the Children of Israel could not stand because they were accursed neither will I be with you any more except yee destroy the accursed from amongst you Though we can learne of no accession which they had unto this particular fact yet we see the whole body is punished as guilty and must be legally purified and sanctified and purged from that contagion 2. What accession had all these who suffered in these three yeers famine which was in David's dayes unto that bloody act of Saul and his house which was committed many yeers before thousands of these who suffered therefore knew the right hand from the left or were borne possibly 3. What accession had the children unborne to the third and fourth generation unto the sinnes of their forefathers and yet the holy Lord thinks good to visite their iniquities on them 4. What accession had the People unto David's sin of numbering the people doth not David himself say 2. Sam 24 ver 17. But these sheep what have they done But let us heare how he explaineth this A certane thing it is sayes he that God doth not properly punish any man but in reference to his owne personal sins as the deserving cause of the punishment albeit he may and often taketh occasion in his wise providence to punish men for their owne sinnes from the sinnes of others and in that only sense they may be said to be punished for the sins of others But every soul suffers for his owne sin Divine justice finding causes of punishment in every one that is punished either their personal accession to the sinnes of others which is their owne sin or else some other sinnes for which he may in justice inflict the punishment upon them albeit the impulsive cause or occasion rather for punishing in such a manner and time c be from the sinnes of others Ans 1. Though vve desire to be vvise unto sobriety in this matter and not to meddle vvith matters beyond our reach yet vve think it saifer to speak in the language of the Holy Ghost then in the vvords of this Surveyer vvho giveth us no Scripture for vvhat he sayes The expressions of Scripture hold forth some thing more then a meer occasion It semeth strange to say that Ahan's sin should have been only an occasion of that discomfiture when the Spirit of the Lord sayes that Israel had sinned and therefore could not stand before their Enemies because they were accursed and that till this accursed were taken from amongst them he would not be with them any more 2. He vvould do vvell to explaine to us vvhat he meaneth by a proper punishment and vvhat is the opposite tearme thereunto 3. We grant divine justice findeth deserving causes of punishment in all in whom is original sin but vve suppose that vvhen that is not mentioned as the procureing cause of such a stroke but the sin committed by another vve ought to look on that mainly as having a procureing causality in that affliction 4. How ever we see he granteth one may be punished for the sin of another or upon occasion of the sin of another as he loveth to speak to which he hath no personal accession 5. If these sinnes of others were only the occasion of punishing in such a manner or time how cometh it that the very punishment it self is removed upon the taking away of that sin according to God's appoyntment and God is pacified toward the whole as he was vvith Israel vvhen Ahan vvas killed and Seven of Saul's sones hanged up 6. But whether vve take these sinnes of others as impulsive causes or occasions of such punishments This is cleare That if these sinnes had been prevented these punishments had been prevented also so that if Saul had not gotten liberty to have staine the Gibeonites in his bloody rage contrare to oath and Covenant these three yeers famine had not come And if David had been hindered from numbering of the people and had not gotten his vvill these Seventy thousand had not died then as they did And seing no other cause or occasion is rendered of this it vvould clearly warne all in a Community and Society to labour by all meanes according to their power and places to hinder the Committing or removing when committed of these sinnes which bring heavy plagues on the Community The Dutch Aunot on 2 Sam. 21 1. say that
blood by Magistrates bringeth judgement on the Subjects for Ieremiah sayes that if they should have killed him they should have brought innocent blood not only to themselves who gave out the sentence and did execute it but on the whole city and on the inhabitants thereof To this he hath many words Pag. 55. but little answere The summe is this for it were wearisome to transcribe all his needlesse tautologies and repetitions which if taken away his pamphlet of a 120 pages might be reduced to 20 All who were defiled behoved to be accessory either by doing or not hindering what they were called and capacitated to hinder which was not by violent resistence nor doth the Prophet meane that all the absents should be guilty and properly deserve Gods wrath upon that account but only that the actors and such as were accessory should be guilty and others should upon this occasion fall under wrath though for other sinnes and yet the judgment on the People might be a punishment to the Rulers for that same particular sin for God may punish Princes or Fathers in the punishment of Subjects and Children and yet these same Subjects and Children have no reason to quarrel with God or to say as it is Exech 18. v. 2. Answ We grant God may and doth punish Princes and Parents in their Subjects and Children and That these same Subjects and Children so punished have no just cause to say that their Fathers have eaten sowre grapes and that their teeth are set on edge as if there were no sin in themselves But that God may not visite the iniquities of the Fathers upon the Children who have not formally acted these evills nor consented thereto we dar not peremptorily assert against so many clear scriptures 2. Sure this place seemeth to hint something else then that this sin of shedding Ieremiahs blood should be an occasion of God's visiting the City for their other sinnes For he sayes you shall bring innocent blood upon this city so that by this Murther they should have brought innocent blood as well on the other inhabitants as on themselves who were to be actors the text maketh no difference 3. If the People here had done all which in their calling and station they were capacitated to have done for hindering of this sheding of blood they would have hindered it effectually and further violent resistence was needlesse If a wicked Magistrat should condemne an innocent person and make this his sentence that he should not have the benefite of a lodging within the land The People need do no more to resist the Magistrat's unjust sentence but notvvithstanding thereof receive the innocent into their house and intertaine him friendly And still vve say the People vvere to do all that lay in their povver to hinder innocent blood to be shed that so innocent blood might not be laid to their charge And in so far as they came short in this they made themselves guilty be accession notvvithstanding of any thing he hath said The next place he speaketh to is Deut. 13. vvhich vve have already vindicated and must observe this further That in all his long ansvvere he speaketh nothing to that vvhich novv vve are upon viz. the hazard that People in such a case are into both of sin and of judgment if effectuall course be not taken to suppresse idolatry and apostasy from God and to put that crying evil avvay from amongst them For v. 17. it is clearly held forth that till this city and all which was within it was rooted out the Lord would not turne from the fiercenesse of his anger nor shew them mercy nor have compassion upon them nor multiply them as he swore unto their Fathers So that their not doing their utmost to execute this sentence of God made them lyable to the constant abideing of the fierce anger of God upon them and closed the door of Mercy and compassion so that they could not expect the blessings promised and Covenanted Then Pag. 59. he cometh to speak to Ios 22 ver 17 18 19. and tells us That they were not private persones that transacted that businesse with the Children of Reuben for the body of the People concurred with the Magistrates Supreame and Subordinate What makes all this for the encroachment of meer private persons upon the use of the Magistrates avenging sword Answ It is true the Magistrates and major part of the People were here concurring but why doth he not take notice of the words cited by Naphtaly which clearly hold forth the end of his adduceing that passage If yee rebel to day against the Lord to morrow he will be worth with the whole congregation of Israel which do clearly hold forth that the defection of a part though a minor part will bring wrath upon the whole Nation aud Society And may not any see hence That each are to concurre in their places and stations according to their povver to prevent this defection or to remove it even when the major part is infected with it yea even though Magistrates should be remisse and should rather encourage then discountenance such rebellion against God Seeing the reason holdeth à fortiori for it upon the defection of a minor part wrath will come upon the whole much more will wrath come upon the defection of a major part and of the Magistrates too And therefore if in the former case private persons be bound to concurre with Magistrates for rooting out of that provoking sin of a few then it cannot be unlawful for private persones in this later case to do what they can to stirr up Magistrates to their duty if it be possible and to prevent their owne destruction from that wrath of God kindled against all and to remove the provokeing cause of that anger And as we have said they may take an effectual course for this without encroaching upon the use of the Magistrate's avenging sword or exercing any formall Magistratical power The next place he speaketh to is Iudg. 20. where Israel warreth against Benjamin because of a notorious crime acted there and countenanced and defended by that whole Tribe to the end that such a crying abhomination might be purged out of the land To which he answereth in short to let passe his unchristian jibes thus Though this was when there was no King in Israel yet it is likely they retained somewhat of their Sanhedrin appoynted Deut. 17. which in such a horrid case might draw together in an extraordinary meeting It was the body or the major part of the People that useth the sword against the lesser which maketh nothing for the minor parts using the sword to punish Magistrates the major part of the People also Answ Though I should grant that they retained yet something of the Sanhedrin yet in all this passage there is no mention made thereof but it is said v. 1. That all the Children of Israel went out the Congregation was gathered together as one Man to Mizpeh
and resolved not to returne to their owne houses ver 8. until these Children of Belial in Gibeah had been executed and evil was put away from Israel Cap. 13 v. 2. To say that this speaks not to our case is but to wrangle for sure if we should suppose that Benjamin had been maintaining their integrity and the true worshipe of God against the generality of the People who had turned idolaters and had raised war against them because they would not depart from their profession would he have condemned the minor part for standing to their defence in this case Or if they should have joyned together to have hindered the defection of the major part or removed the corruptious that were prevailing would he have condemned them Sure this is not improve Scripture a right but rather to elude it for there is not the least shaddow that the stresse of the matter is laid on this that they vvere the major part Finally he cometh to Achan's case Jos 7. and tells us That there is nothing in it to justify private persones rising against the Magistrates and plurality of the people to avert the judgments of God for what was done to Achan was done by the Supreame Magistrat Josua Answer But Naphtaly only maketh use of this place to shew that our reformers had great reason to feare and tremble lest the manifest toleration of proud cruel flattering Prelats and idolatrous Priests whose wickednesse and idolatry had corrupted the whole land might involve the whole Nation in destroying indignation since the wrath of God for the hidden and secret sin of one poor Achan suddenly and fearfully overtook the whole People and all the congregation of Israel so that that man perished not alone in his iniquity Now can any body deny this consequence But our Surveyer layeth downe againe his peremptory assertions without further proof and we have spoken to them already and need not repeat things so oft as he gives us occasion so to do otherwise we should follow this fool in his folly and weary the reader as he doth in repeating almost whole pages verbatim let any look and he shall finde the whole 61 page except some groundlesse jibes which do not help his cause nothing almost but repetitions We shall then goe on and draw forth our arguments from what is said to shew that the late act ought rather to be praised then condemned For 1. Thereby they were endeavouring according to their power and places as that exigent required when all doores were closed from essaying any other meane not only to defend themselves against manifest and intolerable injury and oppression but to save themselves their posterity and the whole land so far as lay in their power from the wrath and vengeance of God and the dreadful plagues and judgments that were and are to be expected for the dreadful and unparallelable apostasy and defection of a corrupt ministry Did God threaten that Zion should be plowed as a field and Ierusalem become as a heape That Iacob should be given to the curse and Israel to reproaches for the sinnes of a corrupt ministry and when our eyes did never see a more corrupt company who have partly apostatized from their sworne profession and partly are thrust in over flocks to the ruineing of their souls the corrupting of the truthes of God and to be a standing occasion of dreadful persecution unto them and when for this cause nothing could or can be looked for from the hands of a just and jealous God but wrath without remedy and judgment after judgment till we become as plowed fields and as heaps Can or ought these to be blamed who standing to their sworne profession were labouring in the integrity of their hearts to purge the land of these plagues and locusts that we might become a holy and pure Church unto the Lord and that the Lord might delight to dwell among us and for this end tooke their lives in their hands and essayed that now sole remedy seing there was no other meane left unto them whereby to attaine this noble End 2. When one Apostat city not taken course with according to the command of God would provoke God to anger against the whole assembly of God's People so that till it was destroyed he would not have mercy or compassion upon them was there not much more reason to feare that God's anger should burne against Scotland his covenanted People and that he should have no more mercy on us since there was such a dreadful defection in it whereof not only one city but many cities were in an eminent manner guilty having so foulely departed from their sworne truth and profession and openly and avowedly revolted from God and his wayes and since there was no other way imaginable to prevent this heavy indignation of God Shall any condemne these who our of Zeal to God's Glory and for the good of the poor land whereof they were members took their lives in their hands and did what lay in their power to have that corruption and apostasy removed and God restored to his honour and the land to it s Covenanted integrity 3. Since the backslideing and defection of a few members of a Society joyned together in a Covenant to God as his People brings vvrath upon the vvhole if timeous remedy be not used as the forecited places shevv Shall any condemne these vvho endeavoured according to their povver to prevent the destruction that vvas and is to be feared for the defection not of a fevv not of one poor Achan but of multitudes and that of all ranks and conditions 4. Did the people of Israel goe out as one man to prevent apostasy when they heard some rumore thereof in a part of their number and to take course with and purge the land of a crying evil that was committed in one of their cities who shall condemne these who lately went out with one heart and spirit to do what in them lay to remove the far-carryed-on defection and the dreadful evil of perjury and many other hainous crimes that did yet do abound whereof Many of all rankes were guilty even such as should have been by their publick places and stations eminently appearing on the head of these worthyes for the glory of God and the good of the whole Church and Kingdome 5. Seing the publick transgressions of Kings and Princes do hazard the whole Realme and Commonwealth as the instances formerly adduced do cleare How much reason have People of all rankes qualityes and conditions to be doing what lyeth in their power either to prevent and hinder that these iniquities be not committed which prove destructive unto the Land or labour by all meanes to have them done away when committed before the fierce anger of the Lord break forth And since it is not our and undenyable how our Kings and Nobles and other judges have revolted from a sworne Covenant Truth and Profession and openly and avowedly renunced the
interest of Christ and conspired against his truth and cause can any blame these worthies who endeavoured according to their power to have these crying abhominations remedyed that the wrath of God should not consume us root and branch and burne so as it should not be quenched What can be replyed to these reasons is sufficiently answered already and I would further propose this to be seriously considered by all let us put the case That King and Princes should conspire together to poyson all the fountains of water in the Land and lay downe a course how they should be keeped so and people should be forced to drink of these poysoned waters would not any rational man think that when no meanes else could prevaile People might lawfully with force see to their owne lives and to the lives of their little ones And shall we be allowed to use violent resistence for the lives of our bodyes and not also for the lives of our souls shall people be allowed to run together with force when they can no otherwayes keep the springs of water cleare for their owne lives or healths and of their posterity also and shall they be condemned for runing together to keep their Religion as it was reformed pure and uncorrupted Who but Atheists will say this Againe put the case That the Magistrates of some Brugh or City were about to do or had already done some publick prohibited bited action which would so irritate the Soveraigne or Prince that he would come with an hudge army and cut off the city man wife and childe would any in this case condemne the private inhabitants of that Brough or City if when no other mean could be essayed effectually to hinder the same they should with force either hinder them from doing that irritating action or if done should endeavour to remedy the matter the best way they could for the good of the City to prevent its ruine and overthrow and for their owne saifty and for the saifty of their posterity And why then shall any condemne the late defenders who when the Magistrate by their many sinful and publick actions had provoked the King of Kings to anger and jealousy against the whole land so that in justice they could expect nothing but the vvrath and vengence of God to root them out and their posterity laboured what they could to have the wrath of the King of Kings pacified and the wicked deeds provoking him remedied Would the Soveraigne in the former case account these privat persons traitours to their Magistrates and not rather more loyal Subjects to him then the Magistrates themselves And shall we think that the King of Kings shall account the late act disloyalty to the King and Magistrates and not rather commendable loyalty to him and faithful service There is another argument much of the Nature with the preceeding taken from the grounds of Christian love and affection whereby each is bound to preserve the life and welfare of another as he would do his owne and as each would have another helping him in the day when he is unjustly wronged and oppressed so he should be willing to helpe others when it is in the power of his hand to doe it according to that royal law of Christ's Mat. 7 ver 12. Luk. 6 ver 31. Therefore all things whatsoever ye would that men should do to you do ye even so them for this is the law and the prophets It is unnaturall and unchristian both to say am I my brother's keeper Sure he who helps not his brother against a murderer when he may do it is before God guilty of the man's blood Meroz and the inhabitants thereof were to be cursed bitterly because they came not out to the help of the Lord and his People against the mighty Iudg. 5. Was not David helped thus against the Tyranny and wickednesse of King Saul And honest Ionathan rescued from the hands of his bloody Father Prov. 24 ver 11 and 12. If thou forbear to deliver them that are drawne unto death and these that are ready to be slame If thou sayest behold we know it not doth not he that pondereth the heart considerit And he that keepeth thy soull doih not he know it And shall not herender to every man according to his work Now the text maketh no difference whether they be drawne to death unjustly by private persons or by Magistrates They are if they can do it with force to rescue such for so the word imports as I Sam. 30 18. 2 King 18 34. 1 Sam. 17 35. Hos 5 14. And this did famous Mr. Knox avow unto Lithingtoun in his discourse with him registrated in the history of reformation Hence it is that Ieremiah Cap. 22 23. cryeth to the People as well as to the King execute judgment and righteousnesse and deliver the spoiled out of the hand of the oppressour and though it be true as Calvin on the place sayeth that this did chiefly belong to the judges and Magistrates Yet when their proceeding in this course of oppressing of the stranger the fatherlesse and the widow and of shedding innocent blood would provoke God to execute what he threateneth with an oath ver 5. And make that house a desolation and prepare destroyers against it and the whole city ver 7 8. and when all this is spoken in the eares of the people it would seem to import that even they should have stood in the way of such oppression and delivered the spoiled out of the hands of the oppressour not have suffered innocent blood to have been shed especially when inferiour as well as Superiour Magistrates were oppressing and tyrannizing and were the only oppressours and wolves as we see Esa 1 21. and. 3 12 14 15. Micha 3 9 10. Ezech. 22 27. And many of the people conjoyned with them in the like as encouraged by their practice ver 29. see furder for this Isa 1 ver 10 17. Ier. 5 ver 2 5 6. But sayes our Surveyer Pag. 53. That such prophetical preachings uttered to the body of Rulers and People are to be understood as reproveing what was amisse in every one in their respective calling and as injoying such duties as might be done by every one salvâ justitiâ salvo ordine modulo vocationis but to say that they minded to condemne in People the grand sin of non-resistence to the oppressing Magistrates or to incite private persones to pull the sword out of the Magistrat's hand relieve the oppressed execute judgment on the oppressours even Magistrats as Lex Rex doth say Pag. 367 is not only a most fearful perverting of the most holy scripture but a doctrine that tends directly to horrid confusion utter subversion of humane societies Ans We shall easily grant that in those sermons every one was reproved for what was amisse in his respective calling and all were enjoyned to do what might be done by them according to their places and callings and
contrary criminal and guilty with your Princes and Rulers in the same crimes because you assist and maintaine your Princes in their blind rage and give no declaration that their tyranny displeaseth you This doctrine I know is strange to the blinde world but the verity thereof hath been declared in all notable punishments from the beginning vvhen the Original vvorld perished by vvater vvhen Sodome and Gomorah vvere punished by fire and finally vvhen Ierusalem vvas horribly destroyed doth any think that all vvere alike vvicked before the vvorld Evident it is that they vvere not if they be judged according to their external facts for some were young and could not be oppressours nor could defile themselves with unnatural and beastly lusts Some were pitiful and gentle of nature and did not thirst for the blood of Christ and his Apostles but did any escape the plagues and vengeance which did apprehend the multitude let the scripture witnesse and the histories be considered which plainly do testify that by the vvaters all flesh onâ—arth at that time did perish Noah and his family reserved That none escaped in Sodome and in the other cities adjacent except Lot and his tvvo daughters And evident it is that in that famous city of Ierusalem in that last and horrible destruction none escaped God's vengeance except so many as before were dispersed And what is the cause of this severity seing that all were not alike offenders let flesh cease to disput with God and let all men by these examples learne betimes to flee and avoyd the society and company of the proud contemners of God if that they list not to be partakers of their plagues The cause is evident if we can be subject without grudging to God's judgments which in themselves are most holy and just for in the original world none was found that either did resist tyranny nor yet that earnestly reprehended the same In Sodome was none found that did gain-stand that furious and beastly multitude that did compasse about and besiege the house of Lot and finally in Ierusalem was found none that studyed to reprepresse the tyranny of the priests vvho vvere conjured against Christ and his Evangel but all fainted I except ever such as gave vvitnesse vvith their blood or flying that such impiety displeased them all keeped silence by the which all approved iniquity and joyned hands with the Tyrants and so were arrayed and set as it were in one battle against the almighty and against his Son Christ Jesus for whosoever gathereth not with Christ in the day of his harvest is judged to scatter and therefore of one vengeance temporal were they all partakers will God in this behalf hold you as innocents be not deceived dear Brethren God hath punished not only the proud tyrants filthy persones and cruel murtherers but also such as with them did draw the yoke of iniquity vvas it by flattering their offences obeying their unjust commands or in winking at their manifest iniquity All such I say God once punished vvith the chief offenders Be ye assured brethren That as he is immutable in nature so will he not pardon you in that which he hath punished in others and now the lesse because he hath plainly admonished you of the dangers come and hath offered you his mercy before he poure forth his wrath and displeasure upon the disobedient So in his Exhortation to England P ag 107. No other assurate will I require that your plagues are at hand and that your destruction approacheth then that I shall understand that yee do justify your selves in this your former iniquity absolve and flatter you who list God the Father His son Christ Jesus his holy Angels the creatures sensible and insensible in heaven and earth shall rise in judgment and shall condemne you if in time you repent not The cause why I wrape you all in idolatry all in murther and all in one and the same iniquity is that none of you hath done his duty none hath remembered his office and charge which was to have resisted to the uttermost of your power that impiety at the beginning but you have all follovved the wicked commandement and all have consented to cruel murther in so far as in your eyes your Brethren have most unjustly suffered and none opened his mouth to complaine of that injury cruelty and Murther I do ever except such as either by their death by abstaining from Idolatry or by avoiding the realme for iniquity in the same committed and give testimony that such an horrible falling from God did inwardly grieve them But all the rest even from the highest to the lowest I feare no more to accuse of idolatry of treason committed against God and of cruel Murthering of their brethren then did Zecharias the son of Iehojadah 2 Chron. 24 ver 20. feare to say to the King Princes and People of Iudah Why have yee transgressed the commandements of the Eternal God it shall not prosperously succeed unto you but even as ye have left the Lord so shall he leave you And againe Pag. 109. But let his holy and blessed ordinances commanded by Jesus Christ to his Kirk be within the bounds so sure and established that if Prince King or Emperour would interprise to change or disannul the same that he be the reputed enemy of God and therefore unworthy to reigne above his people Yea that the same Man or Men that goe about to destroy God's true Religion once established and to erect idolatry which God detasteth be adjudged to death according to God's commandement The negligence of which part hath made you all these only excepted which before I have expressed murtherers of your Brethren denyers of Christ Jesus and manifest traitours to God's Soveraigne Majesty Which horrible crimes if ye will avoyd in time comeing then must yee I meane the Princes Rulers and People of the realme by solemne Covenant renew the oath betwixt God and you in that forme and as Asa King of Iudah did in the like case 2 Chron. 15. This is thy duty this is the only remedy O England to stay God's vengeance which thou hast long deserved and shall not escape if his Religion and Honour be subject to mutation and change as oft as thy Rulers list The-reader may consider also what he sayes to this in his discourse with Litingtoun who was of this Surveyer's judgment History of Reformation Lib. 4. This is consonant likewise unto our confession of faith authorized by King Iames and Parliament Anno 1567. Act. 14. where among good works of the 2 table these are mentioned To honour Father Mother Princes Rulers and Superiour powers To love them to support them yea to obey their charge not repugning to the commandement of God to save the lives of innocents to represse tyranny to defend the oppressed c. the contrary whereof is To disobey or resist any that God hath placed in authority while they passe not over the bounds of their office to
by their declarature This is hard if true for then a Parliament might sell them and their posterity for bondmen and bond women to the Turk for ever But we see no more reason for asserting an infallibility or absolutenesse of power in Parliaments then in Princes What furder But to say that all not only obedience but allegiance and fidelity due to any created power is indispensably restricted to this qualification in defence of Religion and liberty viz. of the Subjects is a most false assertion Answ He said not restricted to this qualification but thus qualified and thus restricted This must be either ignorance or worse in this pamphleter thus to wrong the author But vvhat vvas the authors meaning vve have shevved Let us heare The pamphleting Prelate It is knowne sayes he that a restriction excludes all other cases which are not in the restrictive proposition included c. Answ All this is founded upon his either wilfull or ignorant mistake for the author took not the restriction so as we have seen as to exclude all fidelity or obedience except in things tending immediatly and directly unto the good of Religion and Liberty of the Subject But so as that we might do nothing in prejudice of Religion and Liberty nor yeeld obedience to him in any thing tending to the hurt of either thus is our obedience to be restricted or qualified We deny not obedience even when the act of obedience cannot be properly directly said to be either in defence of Religion or the liberty of the subject So that we crosse not what the ministers said unto the doctors of Aberdeen for we take not that clause as exclusive that is that we shall never defend his person and authority but when he is actually actively defending Religion Libertyes but only as a restriction or qualification thus that we shall defend his person authority so far as may consist with Religion Libertyes And thus we agree also with the general assemblie 1639. for we say it is the Subjects duty to concurre with their friends and followers as they shall be required in every cause that concernes his Majesties honour yet so as that they do nothing to the prejudice of Religion or Libertyes But furder sayes he as to the poynt of allegiance or fidelity that is another matter then obedience Answ True when men will become very critical but the scope of the place showeth in what sense he took it not only as includeing an owneing of him as lawful and rightful King c. but as includeing also a promise of active concurrence in defending of him and his interest and so while this is urged in an absolute illimited unqualified or un restricted way he made it all one with obedience It is true a man may keep allegiance or fidelity to the King when he cannot obey his commands yet the clause of the Covenant respects allegiance as well as obedience in so far as we are not to defend his person and authority absolutely but in defence of the true Religion and Liberties of the Subjects Allegiance then is a comprehensive thing not only taking in an owneing of the King as rightful King and fidelity to his person crowne and dignity against conspiracyes and treasons but also an active concurring to promove his honour and dignity and to defend his person and authority And so all who say allegiance must be qualified according to this restriction do not meane every thing in allegiance but that which is expressed in the Covenants So that it is his ignorant inference to say That that which Naphtals sayeth is contrary to the confession of saith Cap. 23. § 4. which sayeth is difference in Religion doth not make voyd the Magistrates just and legal authority nor free the people from their due obedience to him unlesse he think the article of the Covenant interfereth with the confession of faith which he dar not assert but if he do assert it let us hear by his next what he will say to the Apologetical Relation Pag. 386. 387. 388. 389. 390. where that clause of the Covenant is vindicated He addeth It is the Lord's way for keeping humane societies from grosse disorders to allow to such as are in supreme power by lawful calling the honour due unto their place although in the maine things they pervert the Ends of government dishonouring him by a false Religion or seduceing others to their evil way Answ Do we say that honour is not due unto Magistrates of another Religion because we say that we must promise allegiance and obedience to them in the Lord and must not concure with them nor contribute our power unto them to the manifest detriment of Religion and Libertyes This is like the rest of this Man 's foolish inferences Or doth he think that we cannot give to Caesar the things vvhich are Caesar's unlesse vve give him also the things which are God's and are the Peoples Then he citeth Calv. Instit. Lib. 4. c 20. § 25. 27. But He speaketh nothing contrare to the businesse we are upon Doth he think that Calvin was of the judgment that People are bound to sweare absolute Subjection allegiance or fidelity and obedience to all wicked princes whatever right they may have to the place That subjects are bound to obey and to sweare allegiance in the Lord unto wicked Kings who denyeth do vve say that vvicked Kings because vvicked are eo ipso no Kings nor to be acknowledged as Kings What then doth this testimony make against thus But 2. will he stand to what Calvin sayeth Then he must condemne vvhat King and Parliament have done in taking the life of the Marquise of Argyle and say that they are guilty of innocent blood for by vvhat Calvin here sayeth vve were as much bound to acknovvledge Cromwel then vvhen he did Reigne as now to acknowledge the King for he speaks of all qui quoquo modo rerum potiuntur How will he then free himself from treason For sure in Calvine's judgment Argile did but his duty though he had done more and yet he was condemned as a Traitour can he reconcile this with Calvine's judgment So then our promiseing and swearing alleagiance fidelity and obedience to the King being with a reserve of our alleagiance fidelity and obedience unto the Supreame King of Kings and Lord of Lords and according to that due subordination and thus limited and restricted that we may do nothing against God or in prejudice of his interests no person can with any colour of law or conscience challenge or accuse any of Treason or Rebellion against the King when they preferre the interest of God unto Man's and labour to secure Religion and the interest of Christ unto which they are absolutely and indispensably obliged and from which obligation and alleagiance no authority of man can loose them nothwithstanding that in so doing they postpone the authority of man and their alleagiance thereunto and lay it by seing
defence 3. The power given to Magistrates can not loose the obligation of people unto God's moral law but by the moral law they are bound in this case of imminent danger to defend themselves their Wives and Children and their Religion these are acts of charity which Magistrates cannot loose them from otherwise Magistrates might command us to kill the innocent the widow and the fatherlesse and we might lawfully do it at their command which is most false and absurde therefore neither can their expresse prohibition hinder us from relieving such whom we are bound to relieve nor exeem us from the guilt of Murther before God if we do it not but obey their prohibition The connexion of the proposition I cleare thus 1. The law of self defence is no lesse valide in the one case then in the other 2. The law of charity obligeth in the one case no lesse then in the other 3. Magistrates are no more appoynted of God to destroy the people themselves then to suffer others to destroy them and so the resisting of their violence in the one case is no more a resisting of the ordinance of God then the resisting or counter-acting of their prohibition or silence in the other case 4. Magistrates are no lesse to be accounted in so far no Magistrates when they counter-act their commission then when they sinfully betray their trust and neglect their commission 5. Unjust violence offered in Lives Liberties and Religion is no lesse unjust violence when offered by Magistrats themselves then when offered by strangers Magistrates permitting or conniveing 10. If it be lawful for private Subjects to joyne together in armes and defend Themselves their Lands Liberties Wives Children Goods and Religion against a forraigne Enemie invading the land to conquer and subdue the same with the Magistrates approbation or expresse warrand Then it is also lawful to resist domestick Enemies animated by the same power and authority But the former is true because Magistrates in that case do professe and avow themselves tyrants seeking the destruction of the whole Realme and therefore are not Magistrates Therefore c. The consequence is cleared abundantly in the preceeding argument and cannot be denyed for a domestick enemy is more unnatural unjust ihhumane illegal hurtful and dangerous then a forraigne enemy 11. Such acts of unjust violence which neither Magistrates themselves may immediatly commit nor may any subject under them without sin and disobedience to God execute may lawfully be resisted by private persones when committed in a rage or cruelly executed by inseriours But such are acts of oppressing plundering spoyling Subjects of their libertyes because of their adhereing to their sworne Covenanted Religion Therefore c. That Princes and Magistrates may not oppresse and wronge the People is clear 1 Sam. 12 3 4 5. 2 Sam. 23 3. 1 King Cap. 21. and 22. 2 Chron. 9 8. Psal 105 14 15. Esa 1 23. and 3 12 13 14 15. and 14 15 to 23. and 9 7. and 16 5. and 32 1 2. and 49 23. Ier. 22 3 to 32. Zeph. 2 8. and 3 3. Micah 3 1. to 12. Obad. v. 2 10 to 17. Ezech. 22 6 7 27. and 45 8 9. It is contrare to their expresse commission Rom. 13 4 5. That their unjust mandats for oppression and useing of violence are not to be obeyed is no lesse clear from Exod. 1 15 16 17 18 19 20. 1 Sam. 22 17 18. Psal 52 5. So likewise it cannot but be cleare That it must also be lawful to resist that violence when wickedly and unjustly acted and executed For what power Magistrates can not themselves put into execution is not of God nor ordained of God and therefore the resisting of that cannot be the resisting of any power ordained of God And againe what power subjects cannot lawfully put into execution can be no lawful Magistratical power appoynted of God For if it were a refuseing to put the same into execution were a real resisting of the ordinance of God And so a resisting of this when wickedly put into execution is no resisting of the ordinance of God which causeth damnation 12. That it is just and lawful to flee from the violence of Magistrates will not be denyed But if that be lawful when subjects have no power or meanes whereby to resist or oppose unjust violence with violence It cannot be simply unlawful to resist the same unjust violence with force vvhen neither flying nor hideing nor other such like meanes of saifty are practicable Because it is the principle of self defence against violence that makes flight lavvful vvhen there is no possibility of resistence and the same principle of self defence will make resistance lawful when the other is not practicable Againe the principle of charity to their Wives and Children and other Relations makes flight lawful when they can not otherwise avoide the unjust violence of Tyrants and the same principle will animate to resistence when practicable when they cannot flee with wives and children and old decrepite parents c. Thirdly the same principle of conscience viz that they may keep their Religion and Conscience free and undefiled which will prompt to a flight when there is no other remedy will prompt also to resistence when flight is not practicable I remember The Surveyer Pag. 41. calleth this a monster of a stoical paradex which the paire of pseuâ—o martyres brought forth whereas flight is only a withdrawing from under his dominion and putting ones self under another dominion where his power reaches not and so by flight and withdrawing from the Kingdomes the man ceaseth to be a subject to him whose subject he was and comes to be under other Lords and lawes Answ This must be a monster of men whose eyes must be of a magnifying glasse of a paradoxical quality and he must have a strange stoical phancy who imagineth that such a thing is a paradex and a stöical paradox and a monster of a stöical paradox what could his stoical braine have said more paradoxically Flight and non-obedience both are a resisting of the abused power and if the cause be just which is pressed by the Magistrate flight on that account non-obedience is a resistence of the powers ordained of God condemned Rom. 13. for such an one is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he is out of due order But. 2. As we have seen the consequence will hold and we seek no more we need not make it a resistence equal with forcible resistence 3. He speaketh of a flight out of the King's dominions but what sayes he to a flight when the persones flying keep still within the dominions Will he grant that this is liker unto a resistence And he must if his reasons hold for in this case the man ceaseth not to be a subject nor cometh he to be under another Lord and if he grant this our argument will stand as firme as ever 4. The man for all the money he hath gotten from his
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
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
consider also how the Author of Naphtaly hath been miserably misunderstood by him It is not our purpose nor our present businesse to speak unto this head and shew for what causes or by whom kings are to be questioned deposed or executed Far lesse is it our purpose to defend the taking away of the late King's life though this railing Pamphleter thinks to fasten this upon Naphtaly And therefore we might palse what he sayeth to this purpose Chap. 3. Yet as in the preceeding Chapter we have shewed how ill he hath maintained the union and conjunction of his Majesties Dominions So in this vve shall shovv hovv vveakly he hath guarded his life against such as vvould oppose themselves unto him in this question But first vve vvould take notice vvhether Napthtali hath given him such ground to fasten upon him the justification of the murther of the late King as he allegeth The matter sayes the Surveyer in dealing with Magistrates according to Naphtali's minde rests not in a meer resistence of them by meer private persons but goes on to a retaliating and revenging upon them wrong supposed to be done for his man againe jeers at the Soveraigne Powers Privilege and Impunity of Divine exemption Ans Doth this man know what he writeth Doth Naphtaly say That private persons may revenge wrongs upon the Supream Magistrate because he jeers at such as plead for such a Privilege and impunity unto Soveraigne Powers as will exempt them from all tryal and punishment both of God and Man What meaneth he else by this impunity of divine exemption Then he tells us pag. 71 and 77. That Naphtaly Pag. 29. reflects not obscurely upon the horrid murther of our late Soveraigne Let us hear Naptaly's words then shall we better judge And as these inferiour Princes sayes Naphtaly Pag. 29. Do often forget their subordination to the most High in their unjust commands and would usurpe his throne by an uncontrollable Soveraignity So the Lord by the warrand of his Word and approbation of his providence and also of the People when by them oppressed but by himself animated strengthened hath declared made void this their pretended exemption impunity removed the carcasses of such Kings and broken their scepter amongst which precedents the instance of these times whereof we now speak is worthily recorded and deserveth better to be remembered Now Naphtali is speaking of what fell out betwixt the year 1494. and the year 1560. in that place and makes no mention of what fell out an 1560. and afterward till he come to Pag. 31. c. Sure then the times he is speaking of being before the year 1560. are far from the times wherein King Charles the first was executed But sayes he there was no such thing as murthering of Kings or dethroning of them at that time Answ Yet the Lord at that time declared and made void the pretended exemption and Impunity of Princes and Soveraigne Governours by removing in his providence their carcasses and by the approbation of the people when by them oppressed by himself animated breaking their scepter as vve finde was done to the Q. Kegent anno 1559. when she was by the People the Nobles Barons and Burgesses assembled to deliberate upon the affaires of the commonwealth Octob. 20. deposed from her Regency and upon the ninth of Iâ—n the next yeer God removed her carcasse by death so that the land was no more troubled with her Who may not now see what a poor ground this Railer had to father such a tenet on Naphtali as he doth And what advantage the King's cause hath gotten by this we shall novv see He tels us Pag. 72. That most of the venome this man meaning Naphtali hath against the powers ordained of God he hath sucked out of the breasts of Lex Rex It were not right to dig up all the pestilent untruths of that piece set forth in most impertinent and sophistical reasonings mixt with infinite humane bitternesse against the late King Only as it were to be wished that such errours might be buried in eternal oblivion so it is to be regrated that too too many of the Ministry and others in Scotland have been poysoned with such principles and the same not being very like to be suddenly extirpat the more need have the powers above us to be watchful Ans The author of Lex Rex and of Naphtaly also ascribe as much to the powers ordained of God as God's word will allow and are no way opposed unto them but only unto Tyranny which is no Ordinance of God and this Man rather spitteth venome in the face of the power ordained of God vvhen he goeth about to patronize and defend their illegal and iniquous exorbitances as if these were the ordinance of God which are rather the ordinance of Satan Sure this is not farr from blasphemy to call such courses the Ordinance of God 2. He hath taken a short cut I confesse to answere that unanswerable book Lex Rex To say that it is full of pestilent untruthes set forth in most impertinent and sophistical reasonings Had King Charles the first when he read that book remembered this or thought upon it he would not have said he feared as is reported he did that it should not have been answered But what Man who hath not de nuded himself of all wit and reason will take upon this perjured Apostat's word these Truthes which Lex Rex hath demonstrated which this Man was so unable to answere that I much question if he well understood many of them or if his lumpish braine could discerne betwixt a sophistical reason and a true and real reason to be untruthes and these truthes so wholesome and useful to all Republicks and necessary to be knowne and wel digested by all who consult the welfare of commonwealths to be pestilent untruthes and his unanswerable reasons to be impertinent and sophistical 3. I am sure all the Cavaliers and the Malignant squade would have thought him well worth his gold if he had in a sober rational manner discovered the impertinencies and sophistical reasonings in that book which yet is like to speak after it is burned and under a legal restraint though he should have spent the most part of his dayes upon it it may be the Royal cabal would have thought it Dignum opus and have canonized him for it and advised the King of Remember the issue of such a worthy singular pillar of the tottering throne But the man knew how far his stock would reach and that all the gold in the Kings treasures could not make his head stronger then it was how ever it might superabundantly fortify his purse and therefore seing his short horns could reach no further his Majesty must rest satisfied with this And Lex Rex must be declared as it is to be furder unanswereable 4. Seing he wisheth that such errours might be buryed in oblivion why did not his vvork follovv his vvish Why did
And what if his adversaries say and prove also that the King of Britane is not such a King as he accounts truly so His saying that the King of Britane is absolute will note prove that he is so and will be found but a weak defence for his life if he be not able to prove him above all judgement and punishment which we have not yet seen and dispaire to see done 2. These words 1. Pet. 2 ver 13. may be as well rendered The King as supereminent and can import no more but one who had a supreme or supereminent place in the administration of government notwithstanding whereof he might be was accountable to the Senat of Rome for learned politicians and lawyers prove that the supreame power of government was in the Senate even at this time which clearly appeared in their judging and condemning Nero and other impious and tyrannical Emperours So that even hence we see that one may be supreame in order of civil government and yet both judgeable and punishable 3. His adversaries will not much care how he call that government Royal or not and whether he call the government of Britane Royal or not Names in these matters and titles which goe much by fashion or fancy are but weak arguments and he will never be able to stop the mouth of his adversaries who would plead for calling King Charles to account and for judging him and punishing him by saying he is a King and the government is a Royal government they would account these but thinne wals and uselesse cloaks of fig leaves to preserve and defend intolerable tyranny Hath this man no better arguments then thise wherewith to defend his Majestie 's Royal life and person Or hath the King no better advocate to defend his cause But it may be this profound Statist will speak more nervously in the following observations Therefore Let us hear what he sayes in the 2 place It is certane sayes he no man can be judged or punished but by his owne judge who is above him and hath authority over him by lawful commission from God or from men authorized by God to give such commission now who shall be judge to these invested with Soveraigne Majesty seing Every soul under them is commanded to be subject to them Rom. 13 ver 1. and seing the Supreame Power of the sword is committed unto them and not to others but by deputation and in dependence upon them in a true Monarchy there must be an exemption and impunity as to subjects of the person invested with Soveraignity and Majesty God's Law Natures Light and sound reason are all for this that such as are invested with Soveraigne Majesty having the legislative power the jurisdictional power the coërcive and punitive power originally in himself must enjoy exemption and impunity as to subjects actings against them the contrary tenet overthrowes the order of God And Nature and precipitates humane societies in a gulf of endlesse confusions Answ 1. Here is enough to satisfy his adversaries For 1. They will tell him that he hath not yet proved the government of Britane a true Monarchy in his sense and so he but begs the thing in question here 2. They will tell him that the King hath not the sole legislative power nor sole jurisdictional power nor sole cöercive and punitive power far lesse all these solely and originally in himself And it is but to such Soveraignes that he pleads for this exemption impunity Doth not his Advocat deserve a singular reward who pleadeth his Master's cause so dexterously by proving an uncertanty by that which is more uncertane founding all upon his bare word A noble champion forsooth or rather a Monster whose word must be a law an irrefragable reason too Thus it seems what ever power he give to the King there is the Dictators power that the thinks is solely in himself and that originally but for all this he hath one disadvantage that he is of little authority and of as little credite with sober rational persons 2. He will grant that such Monarchies as he accounts only true are not every where no not where there are persons called Kings and Emperours How cometh it then that the order of God and nature is not overthrowne in these Dominions and Republicks and that their Societyes are not precipitated into a gulf of endlesse confusions Shall nothing preserve the order of God and nature but that which is the most ready mean to destroy it viz. an uncontrollable power in one Tyrant to destroy all his Kingdome Man Wife and Childe 3. Politicians will tell him that the Ephori the Parliament are his judges and that the People who by a lawful commission from God made him King and authorized him are above him and have authority over him in case he turne a Tyrant and pervert the ends of government 4. Though it be requisite there be an ordinary standing judge to cognosce of controversies which fall out betwixt one private person and another yet it is not alwayes necessary there be one condescended on to judge betvvixt the Soveraigne and the People vvhen the controversy falleth out betvvixt them more then that there should be a standing ordinary judge to decide controversies falling out betvvixt tvvo distinct and independent Kingdomes 5. What commission from Man authorized by God had the high Priest and such as joyned vvith him vvhen they deposed and killed Athaliah if he say she was an usurper True yet she possessed the place six years peacably without molestation and who was judge whether she was an usurper or not Had the matter been referred to her she would have been as far from calling herselfe an usurper as a Tyrant now will be from judging himself a Tyrant And so as in this case the Tyrant sine titulo had a judge above her though she was invested with Soveraigne Majesty so in the other case The Tyrant exercitio though invested with Soveraigne Majesty hath a judge above him 6. The place Rom. 13. is to be understood as was shewed above of inferiour Magistrates as well as of the supreame And it sayes of all in authority that such as are under them should be subject unto them In so far as they are subjects unto them so in poynt of administration of justice according to equity all are subject to the supreame or supereminent governour but when he becometh a Tyrant he becometh subject unto them who gave him that power and set him up under God 7. He insinuats that inferiour Magistrates are not essential Magistrates but deputation from and in dependence upon the King But Lex Rex Quest 20. hath by many cleare and unanswereable arguments evinced the contrary In the third place he citeth some sentences of Tertullian calling the Emperours second unto God and above all men and only subject unto God Of Optatus saying that none are above them but God And of Ierom speaking of Psal 51. against thee thee only have
when they dealt perfidiously contrare to the law of God might be lawfully deposed by the people Yea he tells us that whiles wicked princes and Kings were not removed all the people were punished of God which he proveth by Ier. 15 1. to ver 6. and a little thereafter tels us that if the children of Israel had thus deposed Manasseh they had not been so grievously punished with him Yea Schikcardus in his jus regium hebraorum Cap. 2. Theor. 7. tells us Pag. 56. 57. out of the Rabbines that the Kings of the jewes might have been called to an account punished for transgressing of the law by the Sanhedrin especially if they took moe wives and moe horses then vvere allowed and heaped up riches for these causes he proveth Pag. 60. out of Hal. melach c. 3. § 4. Halach Sanhedr cap. 19. Talmud cap. Kohen gadol Siphri pars schoph That they were to be scourged And histories show us How this Sanhedrin even in their weak and declineing times were loth to quite with this power and therefore did question Herod who was set over Galilee by the Romans for some murther committed by him see the history set forth by Iosephus Antiq. lib. 14. c. 17. And if any should object that Casaubon ad annal Eccles exerc 13. n. 5. hath proved the contrary out of the Talmud The forecited learned Shikchardus Pag. 63. 64. sheweth out of the very places cited by Casaubon how he was mistaken and how the Kings of David's line both did judge and were judged 2. Sayes he It is good that this Metaphisical Statist was no Chief Priest or member of the Sanhedrin in Davids time for he would have afforded a corrupt exposition of the Law to cut off the King What sots were the Priests Prophets at that time that did not instigate the Sanhedrin This man could have told them that they were above him and they were bound to execute the Law upon him Answ It was good that this superlatively irrational parasite and infraphysical fooll was not breathing in these dayes for he would have told Kings you may Kill murther massacre destroy all the land Man Wife and Childe without the least fear of resistance and have told the People the Sanhedrin and all the Elders of Israel though your Kings turn butchers and destroyers of the People of God worse then ever Nimrod or any that ever breathed since his dayes you have no more to do but hold up your throats or flee to the uncircumcised out of the inheritance of the Lord. But what sayes all this to the thing Doth this pove that David or any King was excepted in the Law of God Where In what chapter or what verse shall we finde this Good Master prelate tell us or where we shall finde it in your book of wisdome 2. We finde not that any of the Priests or Prophets reproved David for spareing Ioab that murtherer who shed the blood of war in peace 2 King 2 ver 5. was it therefore right in David to have spared him Sure they might well have told David that though Ioab was a great man yet he was above him to punish him as well as another Man for his sin and in poynt of conscience and by God's Law he was bound to do it These sinful acts of Ioab were more notoure then what David had done in secret And because we finde not that he vvas reproved upon this account shall vve therefore use this Man's dialect and say What 's sots or coldrife senselesse Men were the Priests and the Prophets of that time who did not instigate David to execute the Moral Law on Ioab that wrath might be turned away from the Land 3. He tels us that the author of Lex Rex Vtterly mistakes the meaning of the Word of God Gen. 9 6. as for the other texts they clearly concerne Magistrats only toward such over whom they have power but does neither instigate the inferiour Magistrates against the Superiour nor the People against any of them where it is said he that sheds mans blood by man shall his blood be shed Ans 1. The author of Lex Rex doth not say that these places do instigate the inferiour Magistrats against the superiour nor the people against both but that they poynt forth the Magistrate's duty to judge righteous judgment and to accept no Mans person be he a Prince or be he a poor Man And if they concerne Magistrates toward such over whom they have power The author of Lex Rex seeketh no more for he had proved and this vaine windy man hath not the head though he want not a heart and good will to it to ansvvere his arguments that the Estates and Representative of the People have power over the Prince 2. It is a hard censure to say that he hath utterly mistaken the meaning of Gen. 9 ver 6. Let us hear how Concluding hence sayes he that there is here a precept that the blood of every man though he be in the supreame power should be shed by his inferiours if he shed blood innocently and without cause Answ But this is not the conclusion that Lex Rex draweth from the place He only sayeth That in this place there is no exception made of the Prince though he be the Supreme power And can this Man for all his skill demonstrate the exception Lex Rex said not that his blood should be shed by his inferiours but by the Estates of the land who are his superiours what way then hath he mistaken the meaning of this word What furder Supposeing says he this word not only to be predictional but also diatactick and perceptive there must be meet limitations of the sentence both in the subject and attribute Grants all what limitations will he have in the subject that sheds mans blood It is to be understood says he only of such as have no authority and do it out of private revenge for we must not owne the fancies of Photinians and Anabaptists that condemne lawful warres and capital punishments Answ This is good and granted for we say that even the King when murthering unjustly acteth as a private person and is prompted by his revenge did he suppose that Lex Rex was a Photinian or Anabaptist If not why did he trouble himself with this But what sayes he to that which he cals the attribute Certanely sayes he taking the word as a precept It is not meant that it is the duty of every man or any man indifferently to shed the blood of the person who sheds innocent blood but of the Magistrate who is judge above him All interpreters are agreed that here is if not the institution yet the approbation of the office of the civil magistrate Answ Did the author of Lex Rex say that it was the duty of any man indifferently to punish capitally shedders of innocent blood said he any thing against agreement of interpreters concerning the institution or approbation of the office of
meanes ordinary rules to help abuses that are ordinary yet when corruption is universal the ordinary meanes cannot availe God himself must helpe that who knoweth not that extraordinary supposeable cases cannot infringe or invalidate the ordinary rules for ordinary cases Now all this is but vaine idle worke and of no advantage to his cause for he shall never hence prove though he should argue till his eyestrings break that this Soveraigne uncontrolable power which is not censureable nor punishable is only in the King And if he do not this how stops he the Mouth of his adversaries Hovv salves he his Majestie 's life or the King from all hazard of censure But then he adds to as little purpose That It may be seen that his principles lead him to owne a meer democracy which is the worst of governments as the only lawful government he placeth and fixeth the unpunishable soveraignity there Answ This is a grosse mistake For this Man understands not what a democracy is He takes democracy to be where all governe But that is no government where there is none to be governed but all are governours Democracy is where some are chosen out of all the People by turnes without respect had to birth meanes or other privileges to governe the rest And Lex Rex will not say that these governours have an uncontrollable soveveraignity but may be opposed resisted by the body of the People who choose them as well as the King in a Monarchy or the Primores Regni in an Aristocracy because under all speces of governments the fountaine power and Majesty abides in the People and is resumeable in cases of necessity Thus we have seen how poorly and weakly this vaine man hath maintained the King's life and sacred person and how by his foolish sophistications and his weake and impertinent answers and assertions he hath put the King's life in greater hazard then it was for these poor people never had a thought of wronging his Majestie 's person or of spoyling him of his life but now vvhen he hath started the question without any provocation or just ground and occasion given and can say no more then he here hath sayd for that cause hath he not invited people to think of what they might do And I am sure if they have no other restraint to binde up their hands all which he hath said will be but like the new ropes to Sampson That which followeth in his third Chapter touching the Covenants betwixt King and People is impertinent to his present purpose For Naphtaly maketh use of these to prove the lawfulnesse of resistence as may be seen Pag. 19 and 30. and for that end we have vindicated them in our former discourse from all his corrupt glosses and evasions And wise Men will think him so far from deserving a reward for what he hath done that they will think he rather deserveth to be whipped for his mismanageing this question of so great consequence which he undertook to defend and particularly for bringing the arguments which are adduced to evince the lawfulnesse of resistence as if they did with equal force strick against his Majestie 's life and person whereas many will be cleare for resisting that will not be so cleare for punishing or executing the Prince and since by his folly and imprudent impertinency making the same arguments prove both people shall see that by what right they may resist by the same right they may capitally punish the Prince they will be so far from being scarred form resistence which natures light doth so evidentlly demonstrate to be lawful and necessary that they will be more emboldened thereunto perceiving how they may do more which possibly would never else have come into their minde and sure all which Naphtaly hath said could not have suggested such a thing unto them or occasioned their thoughts thereabout as impartial Readers will judge If any aske what he hath left undone for secueing his Majestie 's person and life I am sure to name no moe he hath forgotten one thing and that is the pressing of the Solemne League and Covenant on the People but knowing what he hath both said and done against this he thought he could not fairely retract and condemne his owne tongue and actions yet if he think himself obliged to venture his life for the life of his Majesty he might have also thought it his duty to take shame to himself to repent of what he had done and recant what he had said for the secureing of his Majestie 's life and person Now that the pressing of this Covenant upon the People would be a soveraigne remedy to preserve his Majestie 's life his Majestie 's Royal father knew it when being in the isle of Wight fearing that violence should have been done unto him by these in whose custody he was he sent for Mr. Ieremiah French minister of that place to which Carisbrook castle belonged and desired him to preach the Covenant and presse it upon the People that thereby they might be engaged to rescue him in case any such thing should be attempted by that part of the army See for this the postscript to the Covenanters Plea And sure I am if his Majesty would as I said before faithfully minde this Covenant and cause the People stand to it form the highest to the lowest he would finde that there could not be a more effectual meane imagined for secureing his person then that would be If he would faithfully owne and according to his power lay out himself for setling and secureing the maine things contained in that Covenant and walk in that due subordination unto the Supreame governour of heaven and earth The very conscience of these great and maine things would presse a conscientious respect to and a faithfull care of his Majestie 's person in reference to these great Ends. Which would prove more effectual for this end then volumes of railing sophistications which this perjured Prophane and malignant Prelate and anticovenanter could write and send abroad CAP. XX. The Surveyer's discourse concerning the fact of Phineas examined THE Surveyer being good at weaving Spiders webs whereby he would catch flees but is not able to hold stronger bodyes spends a whole Chapter on a discourse in Naphtaly obiter cast in rather to prevent an objection by shewing what difficultyes such behoved to meet with and roll our of his way who would assert the utter unimitablenesse of the fact of Phineas in executing judgm on the Israelitish Prince and his Midianitish whore to stay the plague and Judgment of God which was broken out on the whole congregation because of their defection to Midianitish whoredome and idolatry then to assert any thing positively thereanent because any who considereth the place seeth how little is there positively asserted how much is set foorth rather problematickly and by way of doubt will easily perceive that the Author's scope was not such as this