upon thee from the Lord. Whereunto is subjoined his dying Testimony to the same purpose wherein are these words But if there shall be a falling back to the sin of complyance with Malignant ungodly men then I look for the breaking out of the wrath of the Lord till there be no remedy This was the warning of a worthy dying Man. Notwithstanding of which many other warnings witnessings a course of complyance was commenced by the pulick Resolutioners and continued in to this day wherein that faithful warning of a dying servant of Christ is verified But before I leave this purpose I must obviate an objection that some make use of for strengthening themselves in their incorporations joinings at least in Worship with the corruptions of the time and for condemning conscientious withdrawers That the Godly in those dayes did not separate from the men of these complyances defections as many do now to wit the protesting party did not withdraw from the publick Resolutioners Associators with Malignants I answer first many these the most Godly tender did withdraw even from their oun Ministers and would have gone 40. or 50 myles to hear a faithful Minister at that time yea Ministers themselves in the case of intrusion of the unfaithful would have supplyed the Paroch as if the Church had been vacant and when they could not get access to the pulpit they preached in the fields on purpose to witness against and professedly to withdraw the people from such an unfaithful Intruder as might be instanced particularly for time place if need were But next The Church then though broken by division and under the subjection of strangers deprived of her General Assemblies yet was in a constitut Case enjoying the priviledge power order of Synods Presbyteries to whom the people offended with their Ministers might address themselves for an orderly redress and removal of these Scandals in an ordinary way and so they needed not assume to themselves that power to regulate their communion that in a broken State as now is must be allowed to them And besides both the Ministers at that time who were faithful though they might have proceeded to censure silence the corrupt party as they were obliged yet not only found it difficult by reason of the injury of the times but also thought it best to spare them And the people to bear them as burdens untill as they were still in hopes they should obtain a General Assembly to take order with them but now it is not so And then the defection was but begining and people did not know and could not expect it would go such a length and therefore could not fall upon the rigor of that duty which such disorders call for at first but if they had seen where these beginings would Land them at length I doubt not but they would have resisted those beginings in such a way as would have precluded this imputation of novelty upon our necessitated with drawings III. We have in this Period not only an Illustrious Testimony for the Principle but a continued and unintermitted putting into practice the duty of defensive Armes in resisting the Soverain power malversing abusing Authority to the destruction of the ends of it which resistence was avowed encouraged furthered by the General Assembly both for the defence of themselves and for the help of their Brethren in England Take one expression in their Solemn seasonable Warning to all ranks Feb. 12. 1645. Sess 18. Unless men will blot out of their hearts the love of Religion cause of God and cast off all care of their Country Lawes Liberties c. all being in visible danger of present ruine destruction they must now or never appear actively each one stretching himself to yea beyond his power It is no time to dally or to go about the business by halfs nor be almost but altogether zealous Cursed is he that doeth the work of the Lord negligently If we have been forward to assist our Neighbour Kingdoms shall we neglect to defend our oun Or shall the Enemies of God be more active against His cause than His people for it God forbid In another seasonable necessary warning Iuly 27. 1649. Sess. 27. They say But if his Maj. or any having or pretending power commission from him shall invade this Kingdom upon pretext of establishing him in the exercise of his royal power as it will be an high provocation against God to be accessory or assisting there to so it will be a necessary duty to resist oppose the same These Fathers could well distinguish between Authority and the person abusing it And were not so Loyal as now their degenerate Children are ambitious to shew themselves stupidly stouping to the shaddow thereof and yet will be called the only Asserters of Presbyterian principles But we find they put it among the Characters of Malignants to confound the Kings honour Authority with the abuse pretence thereof and with Commissions warrants Letters procured from the King by the Enemies of the cause Covenant as if we could not oppose the Latter without increaching upon the former But here an Objection or two must be removed out of the way before we go forward One is from the Third Atticle of the Covinant where there seems to be a great deal of Loyaltie obliging to defend the Kings Maj. his person Authority in the preservation defence of the true Religion Liberties of the Kingdoms that the world may bear witness with our consciences of our Loyaltie And that we have no thoughts or intentions to diminish his Majesties just power greatness I Ans. There is indeed a deal of Loyaltie there and true Loyaltie because Lawfully limited being qualified with subordinate unto the preservation defence of the true Religion Liberties of the Kingdom as the makers of the Covenant do expound it in the Assembles declaration against the unlawful Eugagment Iuly ult 1648. Sess. 21. not that Reverse Loyaltie which makes duties to God conditional limited and duties to thee King absolute unlimited as our Loyalists do now And I wish others were free of it who have sworn Oaths of unlimited Alledgiances to maintain the King in any power unto which his force aspires and to justify this their Loyaltie will bring in this Article of the Covenant with a distorted sense reading it backward that we in the preservation defence of Religion must preserve defend the King As if Religion obliged to defend him do what he will. It were better such pretended Covenanters denyed the Covenant than to be such a reproach to it in wresting its genuine sense But I have adduced the sense of the best Interpreters of it the General Assembly Next when they entered under the bond of this Covenant they did it with a purpose to oppose all his invasions upon Religion the Liberty of the people and to
Antichrists Interest And therefore having gotten the Supremacy devolved upon him by Law for which also he had the Popes dispensation to take it to himself for the time under promise to restore surrender it to him as soon as he could attain his end by it as the other Brother succeeding hath now done he would now exert that usurped power and work by infnaring policy to effectuate the end which he could not do by other means Therefore seeing he was not able to suppress the Meetings of the Lords people for Gospel Ordinances in house fields but that the more he laboured by violent courses the greater more frequent they grew he fell upon a more Craftie device not only to overthrow the Gospel and suppress the Meetings but to break the faithful and to divide between the Mad-cap the Moderate Fanaticks as they phrased it that he might the more easily destroy both to confirm the usurpation and to settle people in a sinful silence stupid submission to all the Incroachments made on Christs Prerogatives and more effectually to overturn what remained of the Work of God. And knowing that nothing could more fortifie the Supremacy than Ministers their homologating acknowledging it Therefore he offerd the first Indulgence Anno 1669. Signifying in a Letter dated that year Iune 7. His gracious pleasure was to appoint so many of the outed Ministers as have lived peaceably orderly to return to preach exercise other functions of the Ministrie in the Paroch Churches where they formerly served provided they be vacant and to allow Patrons to present to other vacant Churches such others of them as the Council should approve That all who are so Indulged be enjoyned to keep Presbytries and the Refusers to be confined within the bounds of their paroches And that they be enjoined not to admitt any of their neighbour Paroches unto their Communions nor Baptize their Children nor marry any of them without the allowance of the Minister of the Paroch and if they Countenance the people deserting their oun Paroches they are to be silenced for shorter or longer time or altogether turned out as the Council shall see cause And upon Complaint made verified of any Seditious discourse or expressions in the Pulpit uttered by any of the Ministers they are immediatly to be turned out and further punished according to Law And seeing by these orders all Pretences for Conventickles were taken away if any should be found hereafter to Preach without Authority or keep Conventickles his Pleasure is to proceed with all severity against them as Seditious persons Contemners of Authority To salve this in point of Law because it was against former Lawes of their oun and to make the Kings Letter the supreme Law afterwards and a valid ground in Law where upon the Council might proceed enact and execute what the King pleased in Matters Ecclesiastick he therefore caused frame a formal Statutory Act of Supremacy of this Tenor. That his Maj. hath the supreme Authority Supremacy over all Persons and in all Causes Ecclesiastick within his dominions and that by virtue thereof the ordering disposal of the external Government of the Church doth properly belong to him his successors as an Inherent right to the Croun And that he may settle enact emitt such Constitutions Acts Orders concerning the Administrating therof and Persons employed in the same and concerning all Ecclesiastical Meetings Matters to be proposed determined therein as he in his Royal wisdom shall think fit which Acts Orders Constitutions are to be observed obeyed by all his Maj. Subjects any Law act or custom to the contrary notwithstanding Where upon accordingly the Council in their Act Iuliâ— 27. 1669. do nominate several Ministers and appoint them to Preach and exercise the other functions of the Ministrie at their respective Churches there specified with Consent of the Patrons The same day also they conclude enact the forementioned Restrictions conform to the Kings Letter above rehearsed And ordain them to be intimat to every person who is by Authority foresaid allowed the exercise of the Ministrie These Indulged Ministers having that Indulgence given only upon these termes that they should accept these Injunctions and having received it upon these termes also as an essential part of the bargain Condition on which the Indulgence was granted accepted as many following Proclamations did expressly declare do Appoint Mr Hutcheson one of the number to declare so much In Acknowledging his Maj. favour Clemency in granting that Liberty after so long a restraint And however they had received their Ministrie from Jesus Christ with full Prescriptions from Him for regulating them therein yet nothing could be more refreshing on earth to them than to have free Liberty for the exercise of their Ministrie under the Protection of Lawful Authority And so they purposed to be have themselves in the discharge of the Ministrie with that wisdom that became faithful Ministers and to demean themselves towards Lawful Authority notwithstanding of their known judgment in Church affairs as wel becometh Loyal subjects And their prayer to God should be that the Lord should bless his Maj. in his person Government and the Council in the publick administration and especially in the Pursuance of his Maj. mind in his Letter wherein his singular moderation eminently appears Afterwards they issued out Proclamations reinforcing the punctual observation of the forementioned Injunctions and delivered them into the Indulged In the mean time though Cruel Acts Edicts were made against the Meetings of the Lords people in houses the fields after all these Midianitish wyles to suppress them such was the presence of the Lord in these Meetings and so powerful was His Countenance Concurrence with the Labours of a few who laid out themselves to hold up the Standart of Christ that the number of Converts multiplyed dayly to the praise of free Grace and to the great encouragment of the few hands that wrestled in that Work through all humane discouragment Therefore King Council was put to a new shift which they supposed would prove more effectual To wit because there was a great number of Non-conformed Ministers not yet Indulged who either did or might hereafter hold Conventickles therefore to remeed or prevent this in time coming they appoint ordain them to such places where Indulged Ministers were settled there to be confined with allowance to Preach as the Indulged should employ them thinking by this means to incapacitate many to hold Meetings there or elswere And to these also they give injunctions restrictions to regulate them in the exercise of their Ministrie And to the end that all the outed Ministers might be brought under restraint and the Word of God be kept under bonds by another Act of Council they Command that all other Ministers not Disposed of as is said were either to repair to the Paroch Churches where
Test of their acknowledgment but they would not accept Deliverance on these termes that they might obtain a better Resurrection Which so enraged the Tygrish Truculency of these Persecuters that they spared neither age sexe nor Profession the tenderness of youth did not move them to any relenting in murdering very boyes upon this head nor the gray hairs of the aged neither were women spared but some were hanged some drouned tied to Stakes within the Sea-mark to be devoured gradually with the growing waves and some of them of a very young some of an old age Especially after the murder of the never to be forgotten Martyr Mr Cargil the multitude of merciless Sufferings upon this account cannot be enumerated which encreased far beyond all the former steps after the Lanerk Declaration which was burnt with great Solemnity by the Magistrats of Edinburgh in their robes together with the Solemn League Covenant which had been burnt before but then they would more declaredly give new demonstrastrations of their rage against it because they confessed and were convinced of its being conforme unto founded upon that Covenant And because the Incorporation of Lanerk did not because they could not hinder the publishing of it therefore they were threatened with the loss of their Priviledges and forced to pay 6000 Merks Upon the back of which the Sufferings of poor People that ouned the Testimony were sadder sharper and further extended than ever Some being banished for Souldiers to Flanders c. some to be sold as Slaves in Carolina and other Places in America to empty the filled Prisons and make room for more â— which were daylie brought in from all quarters and either kept languishing in their â—asty Prisons or Thiefes holes in bolts irons to make them weary of their life or dispatched as Sacrifices and led as dumb Sheep to the slaughter without suffering them to speak their dying words for beating of Drums or disposed of to Masters of Ships to be transported in Slaverie 5. Had they satisfied themselves with murdering them out of hand it would have been more tolerable and reckoned some degree of mercy in comparison of their malice which after all their endeavours to murder their Souls by ensnaring Offers enslaving Bonds blasphemous contradictory Oaths and multiplying captious Questions to catch the Conscience or at least vexe the Spirits of the Righteous whom they could not prevail with to put forth their hands into iniquity did proceed to invent all exquisite torments more terrible than death Some at their first apprehending were tortured with Fire-matches burning and for ever thereafter disabling their hands Then laid fast locked up in great Irons upon their legs where they lay many Moneths in the cold of winter without any relaxation Some were tortured with the Boots squeezing out the marrow of their legs Others with Thumbkins piercing bruising the bones of their thumbs And some tormented with both one after another and besides kept waking nine nights together by watchful Souldiers who were sworn not to let the afflicted person sleep all that time 6. All this Tyranny had been the more tolerable if they had kept within any bounds of colourable or pretended shadow of legality or in any consonancy to their oun wicked Lawes or exemplars of any former Persecutions But in an ambition to outdo all the Nero's Domitians Dioclesians Duke d' Alva's or Lewis de Grands they scorned all formes as wel as Justice of Law and set up monstrous Monuments of unprecedented illegalitie inhumanitie For when after all their hornings harrassâ—ngs huntings searchings chasings catchings imprisonments torturings banishments and effusions of blood yet they could not get the Meetings crushed either in publick or private nor the zeal of the poor Wanderers quenched with whom they had interdicted all harbour supply comfort refreshment converse or corrospondence and whom they had driven out of their oun all other habitations in Touns Villages or Cottages to the Deserts Mountains Moors Mosses in whose hags holes they were forced to make Dens Caves to hide themselves but that they would still meet for the Worship of God either in Publick though mostly in the cold winter nights or in their Private fellowships for Prayer Conference and to rescue their Brethren and prevent their Murder in these extremities would surprize and take advantages of the Souldiers now then They then raged beyond all bounds and not only apprehending many innocent persons against whom they had nothing to accuse them of but because they could not satisfie them in their Answers sentenced and executed them all in one day and made an Act to do so with all but allowed the bloody Souldiers to murder them without either Tryal or Sentence Especially after the Apologetical Declaration affixed on the Church-doors they acted with an unheard of Arbitrariness For not only did they frame an Oath of Abjuration renouncing the same but pressed it universally upon pain of death upon all men women in City Country and went from house to house forcing young old to give their judgement of that Declaration and of the Kings Authority c. to ridicule and reproach and make a Ludibrum of all Government yea impowered Souldiers common Varlets to impannel Juries condemn cause to be put to death innocent Recusants and having stopt all Travel Commerce without a Pass signifying they had taken that Oath they gave power to all Hostlers Inn-keepers to impose Oaths upon all Passengers Travellers Gentlemen or Countrymen who were to swear that their Pass was not forged And Prisoners that would not take the Oath were according to the foresaid Act condemned sentenced execute all in one day and early in the morning that the People might not be affected with the Spectacles of their bloody Severities Yea Spectators also that gathered to see the execution were imposed upon and commanded to give their judgement whether these men were justly put to death or not And not only so but after that they gave Orders Commands to to the Souldiers to pursue the chase after these Wanderers more violently and shoot or other wise put them to death wherever they could apprehend them Whereby many were taken instantly most inhumanely murdered IV. In the begining of this killing time as the Country calls it the first Author Authorizer of all these Mischiefs Charles II. was removed by death Then one would have thought the Severity would have stopped And the Duke of York succeding in his late Proclamation would make the world beleeve that it never was his principle nor will he ever suffer violence to be offered to any mans Conscience nor use force or invincible necessity against any man on the account of his persuasion Smooth words to cover the mischiefs of his former Destructions and the wickedness of his future designs To which his former celebrated saying that it would never be well till all the south-syd of Forth were
except that it was not so far extended against Tyranny because that Tyrant was not such an usurper nor such a violater of the fundamental constitutions of the Civil Government as these that we have had to do with all But as to the managing the Testimony they far out stripped their successors in this generation in conduct courage Prudence zeal as is above hintend in many instances to which we may adde some more When several plots of Papist Lords had been discovered conspiring with the King of Spain And they were by the Kings Indulgence favoured and some were also perswaded to treat with them famous Mr Davidson opposed with great resolution Declaring before the Synod of Lothian that it favoured much of defection in these dayes that such notorious rebells to God His Church the Country should be so treated with we should not rashly open a door to Gods Enemies without better proof of their manners nor were yet seen And when a convention in Falkland was consulting to call home these conspiring Traitors Mr Andrew Melvin went thither uncalled and when found fault with by the King for his boldness he answered Sir I have a call to come here from Christ His Church who have special Interest in this Turn and against whom this Convention is assembled directly I charge yow and your Estates in the Name of Christ His Church that ye favour not His Enemies whom He hateth nor go about to call home nor make Citizens of these who have traiterously sought to betray their City native Countrey with the overthroiw of Chists Kingdom And further challenged them of treason against Christ His Church the Countrey in that purpose they were about About the same time in a private Conference with the King he called the King Gods sillie vassal and taking him by the sleeve told him Sir yow and Church Countrey is like to be wracked for not telling the Truth and giving yow faithful Counsel we must discharge our duty or else be enemies to Christ yow Therefore I must tell yow there are two Kings and two Kingdoms There is Christ and His Kingdom whose subject King Iames the 6th is and of whose Kingdom he is not a King nor a Head nor a Lord but a member and they vvhom Christ hath called to vvatch over govern his Church have sufficient Authority and Power from Him which no Christian King should control but assist othervvise they are not faithfull subjects to Christ. Sir vvhen yovv vvere in your svvedling clouts Christ reigned freely in this Land in spight of all His enemies but novv the vvisdom of your Council vvhich is Devilish pernicious is this that yovv may be served of all sorts of men to your purpose grandour Iew Gentile Papist Protestant because the Ministers Protestants in Scotland are too strong control the King they must be vveakened brought lovv by stirring up a party against them and the King being equal indifferent both shall be fain to flee to him so shall he be well setled But Sir let Gods wisedom be the only wisdom this will prove meer mad folly for His curse cannot but light upon it so that in seeking both yow shall lose both To the like effect Mr Robert Bruce in a Sermon upon Psal 51. gives faithful warning of the danger of the times It is not we sayes he that are Partie in this cause no the quarrel is betwixt a greater Prince and them What are we but sillie men Yet it has pleased Him to set us in this Office that we should oppone to the manifest usurpation that is made upon His Spiritual Kingdom Is there a more forcible mean to draw down the wrath of God than to let Barrabas that nobilitate Malefactor pass free and to begin the war against Christ and His Ministry It puteth on the Copestone that so many of our brethren should not be so faithful as their Calling this Cause craveth Fy upon false brethren to see them dumb so faint hearted when it comes to the Chock Not only are they ashamed to speak the thing they think which is a shame in a Pastor but speak directly against their former Doctrin They will speak the Truth a while till they be put at but incontinent they will turn and make their gifts weapons to fight against Christ for there is none so malicious as an Apostate when he begins to slide back c. The same faithful witness because he would not preach as the King would have him against his oun conscience to justifie Proclaim the Kings Innocency in a forged conspiracy against him was put from his Church in Edinburgh and being requested in an insinuating manner to desist from preaching but for nine or ten dayes he condiscended at first thinking the matter of no great importance yet that night his body was cast in a fever with the terror of his conscience and he promised he should never obey their Commandment any more These were faithful men yet we find they challenge themselves in deep humiliation for their short comings defections at the renovation of the National Covenant March 30. 1596. the greatst solemnity ever had been seen in Scotland before that time so that the place might worthily have been called Bochim O when shall we see such a day when even the most faithful among us shall mourn over our far more aggravated defections but if they mourned then for these first degrees of declensions we may say quam gravius ingemiscerent illi fortes viri qui propter Ecclesiae Scoticanae Libertatem olim in acie decertarunt si nostram hanc ignaviam ne quid gravius dicam conspicerent I know notwithstanding of all this that some encourage themselves in a base Complyance with the present corruptions of our Church from the practise of these Worthies Alledging they did not scruple to hear join with Prelatical men dispensing the ordinances But this Objection will be easily refelled if we consider first the Period wherein they were but growing up to a more perfect Reformation and therefore might bear with many things which we cannot after we have been reformed from them They were then advancing and still gaining ground we are now declining and therefore should be more shie to lose what we have gained They had then of a long time enjoyed their Judicatories unto which they might recur for an orderly redress of such grievances that offended them and when they were deprived of them yet they were still in hopes of recovering them and so suspended their total secession from that corrupt Church untill they should recover them in the mean time still holding their right and maintaining their cause against these Invaders But we were at thevery first begining of this unhappy Revolution totally deprived of our Judicatories and denuded of all expectation of them in an ordinary way and of all place but what they are Masters of to contend with them
their Posterity which would multiply as many Common wealths as there have been fathers since Or if it went by Primogeniture only to the first born that he alone could claim the power which would infer the necessity of an universal Monarchy without multiplication of Common-wealths If it was by his voluntary assignment to whom in what proportion he pleased then the universal Monarchy died with himself and so could not be conveyed at all for either he behoved to give each son a share to be conveyed dounwards to their children in that proportion or whole solide to one So also the former dilemma recurs for if the first be said it will make as many litle Kingdoms as there have been sons of Adam if the second the world should be but still one Kingdom But however it be this could never be the way that God appointed either for raising a Magistratical power where it is wanting or deriving a right to any in being Considering the multiplication division confusion Extinction of families that have been If it be from Fergus the first of this line then either it comes from him as a King or as a Father not the first for the reason above hinted nor as a father for a father may defraud his son of the heritage a King cannot deprive his son of the Crown a father may divide his heritage a King cannot divide the Kingdom among his sons It must then be at length refounded on the peoples Consent 3. If even where lineal succession is Constituted by Law for eviting the inconveniences of frequent elections people are not tied to admit every first born of that line then that birth righr where there is no more cannot make a King But the former is true for they are tied only conditionally so he be qualified and have a head to sit at the helme and not a fool or monster neither are they free to admit Murderers or Idolaters by the Laws of God and of the Land It is not birth then but their admission being so qualified that makes Kings Hence 4. That which takes away the peoples birth-right given them of God to provide for their liberties in the fitest Government that is not to be ouned But to make birth alone a tile to the Crown takes away the peoples birth-right given them of God of providing for their liberties in the fitest Government and fetters their choise to one destructive to these Certainly where God hath not bound the conscience men may not bind themselves nor their posterity But God hath never fettered men to a choise of a Government or Governing line which contrary to the intention of the Oath may prove destructive to the ends thereof Nor can the fathers leave in legacy by Oath any chains to fetter the after wits of posterity to a choise destructive to Religion liberty Israel was bound by Covenant not to destroy the Gibeonites but if they had risen to cut off Isael who can doubt but they were loosed from that obligation for to preserve Cut-throats was contrary to the intention of the Oath so when either Monarchy or the succeeding Monarch proves destructive to the ends of Government the Choice Law or Oath of our fathers cannot bind us 5. If we are tied to the hereditary succession not for the right the successor hath by birth but for our Covenanted allegiance to them whose successor he is then cannot his birth-right be the ground of our Allegiance And consequently hereditary succession cannot make a King But the former is true for in hereditary Crowns the first family being chosen by the suffrages of the people for that Cause the hereditary Prince comes to the Throne becanse his first father and in him the whole line was chosen The hereditary successor hath no priviledge or prerogative but from him who was chosen King. Therefore the obligation to the son being no greater than the obligation to the father which is the ground of that if the father then was ouned only because he was chosen qualified for Government the Son cannot be ouned for any other Cause but as chosen in him and also qualified and admitted with Consent We cannot choose the father as qualified and tye our selves to the Successors be what they will. 6. If a King be not born heir of a Kingdom then is he not King by birth But he is not born heir of a Kindom for a mean cannot be born to inherit the end the King is but a mean for the Kingdoms preservation If the Kingdom be his by birth as an inheritance why may he not upon necessary occasions sell his inheritance but if he sell it then all confess he is no more King. 7. If that which makes a King cannot be transmitted from father to son then succession by birth cannot make a King But the former is true The Royal faculty of Governing cannot be transmitted Solomon asked it from God he had it not from his father nor can he be born to the honour of a King because not born with either the gift or honour to be a Iudge God maketh high low not birth Nor can the Call Constitution of a King according to the will of God be transferred from father to son for that cannot be in Gods way without the intervening Consent of the people that cannot make him a born King. 8. If no Dominion can come by Nature as is proven before then can no man be a born King Nature birth cannot give them a Scepter in their hand nor Kingly Majestie they must have that alone from God the people and may only expect honour from their oun good Government Kings as Plutarch sayes must be like dogs that are best hunters not these who are born of best dogs 9. The peculiar Prerogative of Iesus Christ must not be ascribed to any other But this is His peculiar Prerogative to be a born King of whom it might be truely faid Where is He that is born King of the Iewes And for this end was He born who came out of the womb with a Crown on His Head which no Creature can bear 10. In Scripture we find that a King was to be so so qualified not a stranger but a reader of Gods Word c. Deut. 17. 15. c. he was not qualified by naked birth Hence if all the qualifications requisite in an heir cannot make a King qualified according to the Institution of God then his being heir cannot make him King But the first is true an heir may be an heir without these qualifications 11. We find in the Scripture the people were to make the Kings by that Law Deut. 17. thow shalt choose him whom the Lord chooseth yea neither Saul nor David were Kings till the people met to make them Therefore birth never made them Kings even though the Kingdom was tied to Davids line That was only a Typical designment by special Promise because Christ was to come of that line it was
where called and the year of redemption was a Iubile of joy so the freedom of release every seven years a great priviledge Ier 34. 9. but to be free of Government is a judgment Isai. 3. 4 5. it s threatened Israel shall abide without a King without a Prince Hos. 3. 4. In the Next place they cannot be ouned as Masters or Proprietors over the goods of the subjects thâ— in the case of necessity the King may make use of all goods in common for the good of the Kingdom For 1. The introduction of Kings cannot overturn natures foundation by the Law of Nature property was given to man Kings cannot rescind that 2. A man had goods ere ever there was a King a King was made only to preserve property therefore he cannot take it away 3. It cannot be supposed that rational people would choose a King at all if he had power to turn a greater Robber to preserve them from lesser Robberies oppressions would rational men give up themselves for a prey to one that they might be safe from becoming a prey to others 4. Then their case should be worse by erecting of Government if the Prince were proprietor of their goods for they had the property themselves before 5. Then Government should not be a blessing but a curse and the Magistrate could not be a Minister for good 6. Kingdoms then should be among bona fortunae the goods of fortune which the King might sell dispone as he pleased 7. His place then should not be a function but a possession 8. People could not then by their removes or otherwise change their Soveraigns 9. Then no man might dispose of his oun goods without the Kings consent by buying or selling or giving almes nay nor pay tribute for they cannot do these things except they have of their oun 10. This is the very Character of a Tyrant as described 1 Sam. 8. 11. he will take your sons c. Zeph. 3. 3. her Princes are roaring Lyons her Iudges are evening Wolves 11. All the threatenings rebukes of oppression condemn this Isai. 3. 14. 15. Ezek. 45. 9. Mic. 3. 2 3. Ahab condemned for taking Naboths vineyard 12. Pharaoh had not all the Land of Egypt till he bought it Gen. 42. 20. So the Land became Pharaohs not otherwise Yet giving and not granting that he were really a Master in all these respects Notwithstanding if he turn to pursue me for my life because of my fidelity to my Master his both will withdraw me from the service of the Supreme Universal Master I may Lawfully withdraw my self from his and disoune him for one when I cannot serve two Masters Sure he cannot be Master of the conscience Thirdly They cannot come under the conjugal relation though there may be some proportion between that and subjection to a Lawful Ruler because of the Mutual Covenant transacted betwixt them but the Tyrant Usurper cannot pretend to this who refuse all Covenants Yet hence it cannot be inferred that because the wife may not put away her husband Or renounce him as he may do her in the case of Adultery therefore the people cannot disoune the King in the case of the violation of the Royal Covenant For the Kings power is not at all properly a husbands power 1. The wife by nature is the weaker vessel but the Kingdom is not weaker than the King. 2. The wife is given as an help to the man but here the man is given as an help to the Common-wealth 3. The wife cannot limit the husbands power as subjects may limit their Soveraigns 4. The wife cannot prescribe the time of her continuing under him as subjects may do with their Soveraigns 5. The wife cannot change her husband as a Kingdom can do their Government 6. The husband hath not power of life death but the Soveraign hath it over Malefactors Yet giving and not granting his power were properly Marital if the case be put that the man do habitually break the Marriage Covenant or take another wife and turn also Cruel intollerable in compelling his oun wife to wickedness and put the case also that she should not get a Legal divorce procured who can doubt but she might disoune him and leave him for this case is excepted out of that Command 1 Cor. 7. 10. let not the wife depart from her husband meaning for mere difference in Religion or other lesser causes but Adulterie doth annual the Marriage relation See Pool Synopsis Critic in Locum So when a Prince breaks the Royal Covenant and turns Tyrant or without any Covenant committs a rape upon the Common-wealth that pretended relation may must be disouned Hence we see there is no relation can bring a King or Ruler under the object of the duty of the fifth Command except it be that of a fiduciary Patron or Trustee and Publick Servant for we cannot oune him properly either to be a Father or a Master or a husband Therefore what can remain but that he must be a fiduciary Servant Wherefore if he shall either treacherously break his trust or presumptously refuse to be entrusted upon terms conditions to secure be accountable for before God man Religion Liberty we cannot oune his usurped Authority That Metaphore which the learned Buchanan uses de Iure Regni of a Publick Politick Phisician is not a relation different from this of a fiduciary Servant when he elegantly represents him as entrusted with the preservation restauration of the health of the politick body and endued with shill experience of the Laws of his Craft If then he be orderly called unto this charge and qualified for it and discharges his duty faithfully he deserves and we are obliged to give him the deference of an honoured Physician But if he abuse his Calling and not observe the rules thereof and in stead of curing go about wilfully to kill the body he is entrusted with he is no more to be ouned for a Physician but for a Murderer 9. If we inquire further into the nature of this Relation between a King whose Authority is to be ouned and his subjects we can oune it only as it is Reciprocal in respect of Superiority Inferiority that is whereby in some respects the King is Superior to the people and in some respects the people is Superior to him The King is Superior Supreme as he is called 1 Pet. 2. 13. in respect of formal Soveraignty and executive Authority and Majestick Royal dignity resulting from the peoples devolving upon him that Power and constituting him in that relation over themselves whereby he is higher in place power than they and in respect of his Charge conduct is worth ten thousands of the people 2 Sam. 18. 3. and there is no formally regal Tribunal higher than his And though he be Minor universis yet he is Major singulis greater than any one or all the people distributively taken And
shall be found to conduce for so good ends Which are the Words of the National Covenant clearly condemning Oaths Bonds given to Malignants which are divisive of them that adhere to and Unitive with them that oppose the Covenant and impeditive of resolutions to prosecute the ends thereof So in the Solemn League Covenant Art. 4. We are obliged to oppose all such as make any faction or parties amongst the people contrary to this League Covenant but by these Oaths Bonds such factions are made c. And by Art. 6. we are obliged to assist defend all those that enter into this Covenant contradicted by all the later Oaths Bonds and not to suffer our selves directly or indirectly by whatsoever combination to be divided from this blessed union whether to make defection to the contrary part or to give our selves to a detestable indifferency c. Which we do when we divide our selves from these that refuse these Oaths and makes defection unto the party that impose them And in the Solemn Acknowledgment of sins Engagment to duties We are sworn § 6. to be so far from conniving at complying with or countenancing of Malignancy Injustice c. that we shall not only avoid discountenance these things c. but take an effectual course to punish suppress these evils All which we counteract contradict when we take any of these Oaths or Bonds In the Second place by a Particular induction of the several kinds of these Oaths Bonds the iniquity of each of them will appear and the Complex iniquity of the smoothest of them the Oath of Abjuration compared with every one of them will be manifest And consequently the honesty innocency of Sufferers for Refusing them will be discovered I. The first in order which was a Copy to all the rest was the Declaration ordained to be subscribed by all in publick Charge office or Trust within the Kingdom Wherein they do affirme declare they judge it unlawful to Subjects upon pretence of Reformation or any other pretence whatsoever to enter into Leagues Covenants or take up armes against the King and that all these Gatherings petitions protestations that were used for carrying on of the late troubles were unlawful seditious And particularly that these Oaths the National Covenant and the Salemn League Covenant were and are in themselves unlawful Oaths Here is a Confederacy required against the Lord at which the Heavens might stand astonished an unparalelled breach of the Third Command Which could no more be taken in Truth Righteousness than an Oath renouncing the Bible but it hath this advantage of the rest that it is some what plain And the iniquity legible on its front 1. That it is a renouncing of Solemn Sacred Covenants perpetually binding to Moral indispensable duties the wickedness whereof is evident from what is said above 2. It makes perjurie of the deepest dye the necessary sine qua non qualification of all in publick Office who cannot be presumed capable of administrating Justice when they have avowed themselves perjured perfidious and not to be admitted among heathens let be Christians nor trusted in a matter of ten shillings money according to the Laws of Scotland 3. It renounces the whole Work of Reformation and the way of Carrying it on as a Pretence and trouble unlawful seditious Which if it be a Trouble then the Peace they have taken in renouncing it must be such a Peace as is the plague of God upon the heart filling it with senslessness stupidity in His just Judgement because of the palpable breach of Covenant or such a Peace as is very consistent with the Curse vengeance of God pursuing the quarrel of a broken Covenant 4. It condemns the taking up armes against the King which shall be proven to be duty Head 5. Besides that hereby the most innocent means of seeking the redress of Grievances that Religion Risings Law practice of all Nations allowes is condemned Yet in effect for as monstrous as this Oath is the Complexe of its iniquity is couched in the Oath of Abjuration in which many of these Methods of Combinations Risings Declarations of war against the King and Protestations against his Tyranny which were used in the late Troubles for carrying on the Reformation are abjured in that a Declaration is renounced in so far as it Declares war against the King and asserts it Lawful to kill them that serve him Which yet in many cases in the Covenanted Reformation here renounced were acknowledged practised as Lawful besides that it hath many other breaches of Covenant in it as will be shewed II. The next Net they contrived to catch Consciences was the Oath of Allegiance Supremacy Wherein they that took it for testification of their faithful obedience to their most gracious redoubted Soveraign Charles King of Great Britain do affirme testifie Declare that they acknowledg their said Soveraign only supreme Governour of this Kingdom over all persons in all Causes And that no forreign Prince hath any jurisdiction power or superiority over the same and therefore do utterly renounce all forreign power and shall at their utmost power defend assist maintain his Majs jurisdiction foresaid and never decline his power The iniquity of this Oath is very vast and various 1. It is a Covenant of Allegiance with a King turned Tyrant and enemy to Religion Subverter of the Reformation and overturner of our Laws Liberties and therefore demonstrate to be sinful both from the first General Argument against Oaths and from Head. 2. 2. It cannot be taken in Truth Righteousness or Iudgement beause the words are general very comprehensive and ambiguous capable of diverse senses when he is affirmed to be supreme over all Persons and in all Causes and to be assistest maintained in that jurisdiction Who can be sure in swearing such an Oath but that he may thereby wrong others wrong Parliaments in their Priviledges wrong the Church in her Liberties and which is worse wrong the Lord Jesus Christ who is Supreme alone in some Causes Can an Oath be taken in Truth Righteousness to assist him in all encroachments upon Causes that are not subordinate to him and in invading all those Priviledges of Subjects which are Natural Civil Moral Religious for if he be supreme in all Causes then all these depend upon him be subordinate to him And can it be taken in Iudgement and with a clear mind when it may be debated doubted as it is by some whether the obligation of it is to be considered as circumstantiate specificate to the present Object of it supposing him a Tyrant or in a more abstract notion as it might be tendered in the sense of its first Authors as it was taken in King Iames the 6. his dayes And as they plead for taking the English Oath of Allegiance as it was accepted by the
couragious in behalf of God Religion Sozom. Hist. Lib. 6. cap. 2. Barclaâ—us a great Royalist saith Tyrannos ut hostes publâ—s non solum ab universo populo sed a singulis etiam impeti caedique jure optimo posse tota Antiquitas ceasuit That Tyrants as publick Enemies may be attacqued and Lawfully slain not only by all the people but every one of them all Antiquity judged Grotiue de jure beâ—i Lib. 1. cap. 4. saith 〈◊〉 cui juris gentium requisita non adsint imperium arripuerit â—â—que pactio uâ—a sequuta sit aut fides illi data sed sola vi reâ—â—â—tur possessio videtur manere bellis jus ac proinde 〈◊〉 eum 〈◊〉 quod in hostem licet qui a quolibet etiam priâ—ato jure poâ—est interfici Yea King Iames the 6. in his Râ—mâ—â—strancs for the right of Kings sayes The publick Laws makes it Lawful and free for any private person to enterprize against an Usurper Divines say the same Chamier Tom. 2. Lib. 15. cap. 12. Sect. 19. Cives omnes jus habent insurgendi contra Tyrannos Aisted Theolog. Gas. cap. 17. reg 9. pag. 321. Tyrannum absque Titulo qui est invasor quilibet pr. vatus potest debet â— medio tollere quia patriam hostiliter invadit And cap. 18. reg 14. pag. 332. Licitum est privato cuivis occidere Tyrannum qui injuste invadit Dominium But Dr Ames de Consâ—tentia Lib. 5. cap. 31. de homicidio quest 4. asserts all that is here pleaded for in terminis Quest. 4. An aliquando licet occidere hominem Authoritate privata Resp. Aliquando licet occidere nulla publica Cognitione precedente sed tum solum quando causa evidenter postulat ut hoc siat Authoritas publica non potest implorari In isthoc enim casu privatus publice Minister constituitur tam nâ—â—tu Dei quam omnium hominum consensu He propones the question If sometimes it be Lawful to kill a man by private Authority He answers It is sometimes Lawful to kill another without publick Cognition proceeding but then only when the cause doth evidently require it that it be done and publick Authority cannot be implored for in that case any private man is constitute in stead of a publick Minister of Justice both by Gods allowance and by the consent of all men These propositions carry such evidence in them that the Authors thought it superfluous to confirme them and sufficient to affirme them And from any reason that can be adduced to prove any of these Assertions it will be as evident that this Truth I plead for is thereby confirmed as that it self is thereby strengthened For it will follow natively if Tyrants and Tyrants sine titulo be to be thus dealt with then the Monsters of whom the question is those Notorious Incendiaries and Murdering publick Enemies are also to be so served For either these Authors assert the Lawfulness of so treating Tyrants sine titulo because they are Tyrants or because they want a title If the first be said Then all Tyrants are to be so served and reason would say and Royalists will subscribe if Tyrants that call themselves Kings may be so animadverted upon because of their perniciousness to the Common-wealth by their Usurped Authority then the subordinate firebrands that are tho immediate instruments of that destruction the inferior emissaries that act it and actually accomplish it in Murdering innocent people may be so treated for their persons are not more sacred than the other nor more impunible If the second be said it is Lawful to kill them because they want a title Then it is either because they want a pretended title or because they want a real Lawful one The Latter is as good as none and it is proved Head. 2. Arg. 7. that no Tyrants can have any The former can not be said for all Tyrants will pretend some at least before they be killed 3. But thô some of these Great Authors neither give their reasons for what they assert nor do they extend it to all Tyrants that Tyrannise by virtue of their pretended Authority yet it will not be difficult to prove that all great small that murder destroy and Tyrannise over poor people are to be punished though they pretend Authority for what they do And hence If all Tyrants Murderers Destroyers of mankind ought to be punished then when it cannot be done by publick Authority it may be done by private But all Tyrants Murderers Destroyers of mankind ought to be punished Ergo The Minor is manifest from the General Commands of shedding the blood of every man that shedsâ— it Gen. 9. 6. of puting to death whosoever killeth any person Numb 35. 30 31. of respecting no mans person in Iudgement Deut. 1. 17. and universally all penal Laws are general without exception of any for under that reduplication of criminal transgressing those Laws under that general Sanction they are to be judged which admits of no partial respect for if the greatest of men be Murderers they are not to be considered as great but as Murderers just as the meanest are not to be considered as mean or poor but as Murderers But I need not insist on this being sufficiently proved Head. 2. Arg. 9. And through out that Head proving that Tyrants can have no Authority And if they have no Authority then Authority which they have not cannot exempt them from punishment The Connexion of the Major Proposition may be thus urged When this Judgement cannot be executed by publick Authority either it must be done by private Authority in case of extreame necessity or not at all for there is no Medium but either to do it by publick Authority or private If not at all Then the Land must remain still defiled with blood and cannot be cleansed Numb 35. 33. Then the fierce anger of the Lord cannot be averted Numb 25. 4. for without this executing of Judgement He will not turn it away Ier. 5. 1. Then must Murderers be encouraged by their impunity to make havock of all according to their Lust besides that poor Handful who cannot eschape being their prey as their Case is circumstantiate Besides this is point blank contrary to these General Commands which say peremptorely The Murderer shall be put to death but this supposed Case when publick Authority will not or cannot put them to death sayes they shall not be put to death In this Case then I demand whether their impunity is necessary because they must not be put to death or because they cannot be put to death To say the Latter were an untruth for private persons can do it when they get access which is possible If the former then it is clearly contradictory to the Commands which say they must be put to death excepting no Case but when they cannot be put to death If it be said they must not be put to death because the Law obliges only publick