because he had forsaken the Lord God of his Fathers and the Edomites loved not the true Religion but the meritorious cause on Jehorams part is poynted at Answ The text it self and Commentators to vvhom vve may add Iackson on 2 King 8. the Dutch Annot Ibid. give this as the impulsive cause and only motive vvhich they had before their eyes 2. Any who read the text vvill see his reason very unsound for v. 8. it is said that in his dayes the Edomites revolted from under the dominion of Iudah and made themselves a King and no word of this as the impulsive cause there of v. 10. mention again is made of their revolt upon occasion of Iehorams seeking by force to reduce them under his dominion and then in a new period mention is made of Libnah's revolt with the cause and only motive thereof Because he had forsaken the Lord God of his Fathers Then he asks if his adversary thinks that the laying aside of the presbyterian frame is the forsaken of the Lord God of our Fathers and a sufficient cause for any one Towne in the Kingdom to revolt from the King though he do not persecute them nor force them to his way as there is no evidence that Libnah was so used shall a Kings swerving in that one point or if there be greater infidelity be sufficient ground of defection from him Ans I nothing doubt but all such as have imbraced this present course of apostasie are guilty of a grievous revolt having impudently and avowedly departed form a sworne Covenant from a covenanted sworne Religion reformed in Doctrine Worshipe Discipline Government and have in a great part forsaken the God of our Fathers that covenanted God whom our Fathers and we both owned and imbraced as our God and is sufficient cause for any City or Company of men so far to revolt from the King as to refuse to concurre with him in this horrible defection and course of perjury and resist his unjust violence pressing and compelling them to a sinful compliance 2. As it is more then probable that Libnah was no better used then were the people of Iudah by this Tyrannous King and is asserted by the Dutch Annot. on 2 Chron. 21 10. So whatever this lyer suggesteth it is notour that the King hath persecuted and doth persecute and force honest people to follow his way and apostatize with him contrare to their consciences and sworne allegiance unto God and if he add this clause as an exception then seing the truth of the thing is notour he fully accords that there is sufficient cause given for any Town in the Kingdome to revolt which is more then we desire At length he tells us That their revolt was sinfull But when not only thiâ— revolt is recorded as done but such and impulsive cause and motive is added by the Spirit of the Lord without the least hint of any expression condemning the same we dar not be so bold as is this Surveyer Nor are we so foolish as to receive his word contraire to the testimony of so many expositors Hence we have a strong argument For if it be lawful for a part of the people to revolt from a tyrannous Prince making defection from the true and received Religion and forceing his subjects to a sinful defection and complyance with him in his apostasy It must also be lawful for a part of the people to defend themselves by force against the Emissaries of a King departing from his faith and foresaking the Religion which He hath sworne to owne and maintaine sent forth by him or any under him to force by cruel oppression and violence them to a compliance with his sinful way And the antecedent is cleare in this place 3. They must much more condemne Azariah and the fourescore Priests who being commended as me of courage valour resisted Vziah the King 2 Chron. 26 17. c. they expelled him with force stood against him the lxx say they resisted him deturbarunt eum ex eo loco sayeth Vatablus they forced him forth and compelled him to goe out they caused him make haste sayeth Ar. Mont. festinate expulerunt eum sayeth Hieron When he went in the temple to burne incense upon the altaar of incense on some solemne day as Iosephus thinketh So that there is more then a resistance of him by words as some Royalists say even resistence by force and violence Hence we argue if private subjects may by force resist withstand and with violence hinder the King from transgressing the Law of God Then may they much more lawfully resist him and his bloody Emissaryes when He seeketh to oppresse unjustly and to draw people off from the wayes of the Lord. If any say with doct Ferne that because of an expresse Law of God being a leper he was put out of the congregation Then we see that the Prince is subject to Church-censure and so Subjects may judge him and punish him we see also that Princes were subject to ceremonial lawes as well as any of the subjects and why not also to the moral Lawes and if because of a ceremonial Law the King was to be ceremonially punished why also for the breach of moral Law may he not be punished morally Hence will it undoubtedly follow That a Prince rageing and tyrannizeing contrare to all equity and reason may be resisted and his violence repelled with violence even by private subjects Worthy Mr Knox in his debate with Lithengtoun doth form this instance gather That subjects not only may but also ought to withstand and resist their Princes whensoever they do any thing that expresly repugnes to God his Law or holy Ordinance Lithingtoun objected That they were not private subjects but the priests of the Lord and figures of Christ and such have we none this day to withstand Kings if they do any thing wrong He answered that though the High Priest was a figure of Christ yet he was a subject For said he I am assured that he in his Priesthood had no prerogative above these that passed before him now so it is that Aaron was subject to Moses and called him Lord Samuel being both prophet and Priest subjected himself unto Saul after he was inaugurated of the people Sadoc bowed before David c. And whereas you say we have no such Priests this day I might answere that neither have we such Kings this day as then were anoynted by Gods commandement and sate upon the seate of David and were no lesse the figures of Christ Iesus in their just administration then were the Priests in their appointed office and such Kings I am assured we have not now no more then we have such Priests for Christ Iesus being anoynted in our nature of God his Father both King Priest and Prophet hath put an end to all external unction and yet I think you will not say that God hath now diminished his graces from these whom he appoynts
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
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
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
murther or to consent thereunto to bear hatred or to let innocent blood be shed if we may withstand it c. Citeing in the Margine Ezech. 22 1 2 3 4. c. where the bloody City is to be judged because she relieved not the oppressed out of the hand of bloody Princes v. 6. And to what Ambrose sayeth de office Lib. 1. c. 36. saying qui non repellit a socio injuriam si potest tam est in vitio quam ille qui facit i. e. he who doth not repel an injury from his brother when he may isas guilty as he who doth the injury And this he cleareth by Moses his deed defending the Hebrew against the Egyptian CAP XI Of our qualified alledgiance to the King Our Arguments hence THe author of Naphtaly Pag. 177 said That all powers are subordinate to the Most high and appoynted and limited by his holy will and commandement for his owne glory and the Peoples good and our allegiance was and standeth perpetually and expresly thus qualified viz. in defence of Religion and Liberty according to our first and second Covenants all allegiance obedience to any created power whatsoever though in the construction of charity apparently indefinite yet in its owne nature is indispensably thus restricted By which words any who will duely consider the scope which that author doth drive at will see That his meaning was That as obedience and allaigeance is to be given to Magistrates only in the Lord So the same ought to be promised with this qualification or limitation so far as it is not contrary to Religion and Liberty of the Subject thus we all swore to defend his Majesties person and authority in the preservation and defence of the true Religion and Libertyes of the Kingdomes and it is plaine to all who will not shut their eyes that the foresaid author putteth no corrupt glosse upon that necessary clause and qualification for while he is dissuadeing from taking of that bond which was urged upon the People of Edinburgh he useth the words cited furder addeth To renew the same or take any the like oath of allegiance purely and simply purposely omitting the former and due restriction especially when the powers are in most manifest notorious rebellion against the Lord opposition to his cause and Covenant is in effect equivalent to an expresse rejecting and disowning of the same limitation and of the Soveraigne prerogative of the Great God and King over all which is thereby reserved as much as in plaine tearmes to affirme That whatever abused authority shall command or do either as to the overturning of the work of God subverting of Religion destroying of Rights and Libertyes or persecuting of all the faithful to the utmost extremity we shall not only stupidly endure it but activly concurre with and assist in all this tyranny What could have been spoken either more full or plaine both for explicating the genuine import of that restriction or qualification or the authors Orthodox sense thereof Yet behold how this wrangling pamphleter because he can get nothing to say against the truth asserted must wrest words and sense and all that he may have something to say against the straw-adversary of his owne setting up Therefore he tells us Pag. 6. Can this assertion subsist that neither alledgiance or fidelity nor obedience is to be given to any created power but in defence of Religion and Liberty As if Naphtaly had meaned That no alledgiance fidelity or obedience was due or to be given to the created powers but when and in so far as they did actually owne and contribute their utmost for the promoving or establishing of Religion and the Liberties of the People Whileas his meaning is clearly seen to have been this That as all powers are subordinate unto God the great King over all So all alledgiance fidelity or obedience is to be promised and given unto them with a reserve of the allegiance fidelity and obedience due to God the Highest of all and that man's interest is not to be preferred unto God's but alwayes acknowledged in subordination thereunto So that when earthly powers are stated Enemies to Christ and his interest no absolute allegiance fidelity or obedience is to be promised But alwayes with this restriction or limitation Neither are the Subjects bound to concurre or assist them while in such a stated course of opposition to the King of King's and while actively endeavouring to destroy his great interest in the world But what sayes our Surveyer furder That obedience is not to be given unto any creature on earth against Religion or the revealed will of God shall be easily granted we ahhore the very thought of so doing Ans Though he abhore the very thought of so doing yet many will say that he hath not abhorred to do it It is against God's expresse and revealed will to commit perjury and renunce a Covenant sworne with hands lifted up to the most high God and yet he knowes who is guilty of this maketh the will of a creature the Law of the Conscience when the appendix is a full belly Againe sayes he it shall not be said that obedience is to be given to powers against the liberty competent to us as subjects and consistent with Soveraignity yet so that the measure of that liberty must not be made by every man's private will but by the declarature of the Parliament representative of the Subjects which best knowes what thereunto belongs Answ This royal liberal man would seem to yeeld something in favours of the liberty of the People but with his annexed clause and restrictions he takes all back again For 1. sayes he it must be consistent with Soveraignity and how wide a mouth this Soveraignity hath in his and his complices estimation many know and we have seem in part even so wide as that is shall swallow up all the Peoples liberties like one of Pharaohs leane kine that eates up the fat and yet is never the fatter Then 2. it must be determined by the Representatives as if the Representatives were not ex officio bound and obliged to maintaine the Liberties of the People which belong to the People ere the Representatives have a being and as if it were in the power of the Representatives to sell and betray the Libertyes of the People or as if no more were competent to the Subjects de jure then what they will Hath a man no more right to his lands aud heritages then what his advocate who betrayeth his trust for a larger summe of money alloweth him or declareth We know Parliaments can basely betray their trust and sell away the Libertyes of a People contrare to their vow and oath to God and their obligation to the People whose trustees they should be and shall People have no more liberty competent to them then what a perfidious company conspired against the good of the Commonwealth to pleasure a sinful Creature determineth
standers or that his manifest unchristian dealing may help to open the eyes of such as he labours to delude and bring them to abhorre his way or that the really Religious and righteous dealings of Church and State may more forcibly put him to silence then words or writings can It had been indeed more advantagious to the King's cause and lesse dishonourable to himself to have been silent then thus to have letten out waters to the King 's great prejudice and his owne discredit If he had any expectation that the Man's conscience would have confuted him in most of his assertions why did he hinder that work by confirming him in the truth of his assertions by his weak and foolish replyes Praestat otiari quam nihil agere and why did he not more manfully discover these unchristian dealings the better to undeceive such as he supposeth were deluded What are these manifest unchristian dealings of his Sure the event hath and shall furder we hope declare that his owne dealing hath been much more manifestly unchristian by labouring to blinde the eyes of such as savv before But I suppose he may talke at leasure of his proselyts When the really religious and righteous dealings of Church and State shall forcibly confute what is there said we know not Sure when ever their actions become really Religious and righteous they will condemne his pamphlet to the fire and himself to the correction-house and approve of all which is said in Naphtaly Sometimes sayes he keeping silence is seasonable the Man according to God's owne heart would not suffer Shimei's revileings to be repayed upon the head of that dead dog Hezekiah discharged to answere a word to railing Rabshakeh Ieremiah the Prophet contradicted by the false Prophet Hananiah went his way and said nothing The wise Solomon forbids to take heed to all words that are spoken and to answer a fool according to to his folly The Lord of Kings and Prophets sometimes answered not his accusers a word True sometimes silence is not only seasonable but 〈◊〉 and so would the Kings cause have found it now and by his answering not withstanding of what he here sayes it would seem that Naphtaly is no Shimes Rabshakeh Hananiah nor fool nor an enemy to Christ Or that the King is not like the Man according to God's heart nor like good Hezekiah Nor is this Pamphleter like Ieremiah nor hath follovved either Solomon's advice or Christ's example But I see not why both may not be true Yet furder So it seemed fit to let alone an insolent and forward railer and mocker and not to lavish out precious time which might be better bestowed upon one that gives such visible evidences both of a reasonlesse and unchristian Spirit whose libel may be reckoned amongst the things quae spreta exolescunt and worthy to be answered with nothing but silence contempt Then it seemeth he expecteth a reward also from the Author of Naphtaly for lavishing out so much of his precious time to keep in memory such a book which if he had miskend would have dyed out of minde and which he hath honoured with another answere then silence but all the reward he can expect will be but par pari referre payment without putting any thing in his purse and yet a payment in his owne coine Then to him it is a lavishing of precious time to maintaine the King's cause it seemeth also that he hath lavished out much time upon it and what will not money do The gredy gapeing after which will make a Man not only lavish out precious time needlesly But also put honour and respect on what he accounteth worthy of contempt 10. Let us see what did preponderat and bring this tossed Man to a firme resolution and determine him to bring this brate to light this product of his ill composed heart and not well tempered braine Upon the other hand sayes he it seemed something hard especially in such a distempered time to suffer an insolent person in whose mouth is a rode of pride to cast the truth downe to the ground without control and to tread upon and triumph over a holy and righteous cause and upon honourable persons of all ranks engaged in the maintainance thereof in so abusive despiteful and intolerable a way and not give him any check Not to put some stop to this furious driver who againe and againe assaults this Church with vile lyes and reproaches looked like the betraying and deserting of an honest and honoruable cause or like the hirelings seeing the Wolfe and flying and leaving the flock to be destroyed with delusion fugisti quia tacuisti There is an evil silence that leaves Men in sin as well as an evil speaking that leads Men to sin and we are not only to give an account pro atio so verbo but pro otioso silentio for idle silence when God and the publick necessity of the Church or Society whereof we are members Calleth for a valiant not brutishly violent and forcible way such as this mans pleads for and rational contending for the truth It is sinful pusillanimity and not warrantable prudence to see truth fall in the streets and not lift it up And verily this man seems to be amongst these of Whom Solomon sayes Prov. 26 v. 5. who must be answered lest he seem wise in his owne conceite and to be amongst these Tit. 1 v. 10 11. unruly and vaine talkers and deceivers whose mouths must be stopped that the gangrene of his words may not creep further to the consumption subversion of Church State Faire words ad faciendum populum qui si decipi vult decipiatur But he hath this disadvantage that few that know him will beleeve that these or any of these are the true cause of this undertaking But that rather vvhich he thought good to conceale viz. The Three hundereth pound sterling brought to him by the greater rogue the better rewarded Ia Sharpe deceiver of that ilke for if these things here mentioned had been his end and motive why was he feared that this should have wronged a well composed heart and Should not have been a honouring of God in his station but a needlesse lavishing out of precious time which might be better bestowed Nay there was reason for all this for whether he saw it or not he who together with his complices distempered the times and all things in whose mouth there being a rode of pride did insolently cast the truth downe to the ground as they could and endeavoured to tread upon and triumph over a holy righteous cause and all the maintainers thereof in an abusive despiteful and intolerable way and laboured to lift up an exploded depised and cursed falshood once dethroned with shoutings and great exclamations of joy but we have seen his horns have been but short He is truely as the sober vvill judge the furious driver who againe and againe doth assault the true Church and cause of God with lyes
their High commission or inquisition-court arbitrarily and illegally erected what by cruel bloody Souldiers commissionated without Law or order for that effect oppresse pillage plunder harasse imprisone fine and confine impoverish beat binde like beasts the faithful and loyal Subjects of Christ and make their life more bitter unto them then if they had been under the feet of Turks or Pagans Under which intolerable incredible and unexpressible bondage the godly of the Land especially in and about Galloway did for a long time groane cryed unto him who heareth the cry of the oppressed that he would judge and plead their cause and open some door of outgate that they might be delivered from under the feet of those cruel taske Masters and have an opportunity put into their hands of vindicateing the Liberty of their Reformed and Covenanted Religion and of useing their lawful and vowed endeavours to free the Land of this horrible defection and Apostasy that the fierce anger and wrath of God might be turned away there from and Church and State setled upon their former solide and Christian foundations At length the wonderfully wise God thought good to put them once to the tryal to see what they would hazard and venture for the recovering of the interests of Christ together with their owne Liberty and unexpectedly in his holy and divine Providence seemed to them to impose a necessity upon them both to run together in their owne necessary defence and to endeavour with the extirpation of the abjured abhominations the bringing back of the captivated ark of God For about the middest of November 1666. When two or three Countrey Men providentially passing by did see a poor old Man bound hand foot like a beast by the Souldiers sent out for that Effect by Sr. James Turner that bloody Atheist being commovâ— with passion did calmely and friendly desire the Souldiers to loose him but they accounting this such a High indignity in their rage fury assault them with drawne swords whereupon the Countrey Men were necessitate to their defence in their defence did wound one of the Souldiers at which the rest cast downe their armes And being certanely perswaded that for this necessary defence they would be persecuted to the death the next day with 6. or 7. more they seise upon other 10. or 12. of the Souldiers whereof one was killed the rest rendering their armes Hereby the Countrey about being alarmed knowing that their tyrannous oppressours would be enraged more then ever account this a crime scarce expiable by the blood and ruine of the whole Countrey free unfree gather together to the number of 54 Horsemen some few footmen advance to Dumfries where they quyetly seise upon Sr Iames Turner and the rest of the Souldiers who were there without any harme except the wounding of one who obstinatly did resist Thereafter by divine providence they were led towards Air while within the Sheriâ—dome of Aire where they stayed the space of seven dayes several of the Countrey groaning under the same oppression longing for an opportunity of publick appearing for the cause interest of Christ against the Popish Prelatical malignant faction laid hold on this occasion to joyne with their Brethren to help the Lord against the mighty so that their number was increased though not to such a quantity as would have been expected partly through the vvant of sufficient previous advertishment not vvithstanding of vvhat diligence had been used from the day of their appearance at Dumfries to give notice to all vvho cordially loved the vvelfare of Zion of their present distresse partly throvv the dissuasion of one vvho had been a chief instrument in apprehending Turner thereafter had deserted them partly through other discouragements seeing fevv yea very fevv landed Gentlemen or Ministers appearing vvith them or for them vvhich had no little influence also on the discourageing of several who came together vvith the impetuous raines vvhich lasted night day vvhich made many vvonder that they did not vvholly break dissolve Yet the mighty power of God on their Spirits and the lively sense of their duty made the most part to hold on and others to come unto them beside some who were upon their way and invincibly hindered from comeing at them as they marched thorow Clidsdale where at Lanreck they solemnely renewed the Covenant and thereafter marched Eastward to Bathgate Colingtoun the enemy in the meane time pursueing them at the heels While they were there there came two Gentlemen unto them pretending a verbal commission from the Enemy the one of which Gentlemen they thought should have come alongs with the rest of that Countrey joyned himself with them as a favourer of the godly to presse their disbanding upon promise of indempnity this they urged but they saw no call of God to deserte the work so At length that Gentleman conveyeth the other Early in the morning before break of day thorow their guairds towards the Enemy who as many think advertised the Enemy of the way they were to march to morrow yet not withstanding before they marched they sent with that Gentlem. a letter to the General of the King's forces showing the occasion of their being together in that place and in that postour to wit to presente their grievances unto the Council seing there was no other accesse for petitioning and therefore desiring a blank passe to such of their number as they would send with their supplication unto the Council When the Gentleman who had told the Honest party that he had taken upon him in their name though without their warrand to promise unto the General that He engageing not to move further towards them until he returned the next morning They should do the like returneth to the General with this letter he found him marching contrare to his promise The honest party having not engadged to stay marched as they saw opportunity Westward toward Pentland The enemy being advertised very probably as is said cast themselves in their way so that they came shortly in the view of other The honest party at this time were hardly 700 horse and foot among the Horsemen scarce one hundereth were fixed in arms The Footmen beside some swords had only some broken picks ill appointed fire locks or muskets many corne forks and some had syths And at this time all of them were much wearyed with long toyl some marches hunger for these parts of the Countrey thorow which they came can bear witness to their sobriety and moderation refuseing even to take what was offered because they had not money to pay for it and cold by reason of the continual and exceeding great raine while they are thus in the view of other The Enemy sendeth forth a party of choise men who were met with by a troup of the honest party and after some disput mostly by swords were put to the flight and fled alongs
the edge of the hill by sheep-rodes so that there was no accesse to pursue by horses but a party of foot was commanded to follow the pursute whereupon the Enemies horses were forced to quite their ground and betake themselves to other ground no lesse inaccessable by the honest party After near two houres the Enemy perceiveing that neither party could approach to other as they stood because of a precipice betwixt them came towards a plaine at the foot of the hill and drew up in battalye The honest party now seing that the Enemy was willing to offer battel and that if they should withdraw the Enemy would be encouraged and many of themselves unavoidably discouraged if they should delay till tomorrow the sun being now near setting feared that many should fainte flee away in the night time and others should be lesse able to fight thorow hunger cold seeing no way how to relieve themselves with necessaries at that exigent resolved to imbrace that occasion see what the Lord of Hosts would be pleased to do and therefore resolved after prayer to draw off the hill towards the Enemy keeping still what advantage of ground they could when thus they have approached the Enemy send forth a troup which was rancountered with another of the honest party and beate into their body somewhat as some think inconsideratly upon the part of the pursuers Thereafter the Enemies send off another party to relieve the former which was met with by another of the Honest party But with some disadvanvaâ—tage to the Honest party because they were to approach neare unto the very body of the Enemy ere they could prove a reliefe unto their â—ormer party Yet through the help of the Lord they made their made their adversare-party flee shamefully The enemy perceiving how they had been beaten three times in end in fighting by partyes and seeing how the strength of the Honest party stood in those troups which had not as yet rallied nor returned to their ground in order advanced with their whole body of horse in a full breast with a pretty gallop upon the two troupâ— as they were scattered and drave them back upon the body and thus the only wise God who doth all things after the councel of his owne will ordering it in a short time broke them all And yet it is observable that moe were killed by the countrey men in their escapeing then on the fields The Enemy stayed on the fields all night and buryed their dead who were not a few The prisoners which were taken were carryed into Edinbrough and though by these in power in humanely enough used yet by some whose labour of love both towards the dead on the fields to the prisoners the Lord will not forget tenderly provided and cared for though in a clandestine way Of these prisoners who were taken on the fields others afterward apprehended by Countery men there were Six and Thirty or thereby publickly hanged at Edinbrough Glasgow Aire and other places and their heads and other members of their members of their body are upon poles unto this day to keep the memory of this Noble exploite fresh upon the Hearts of the Godly I shall not further recapitulat what is said concerning this by Naphtali Only I would say this That though many might have been tempted to think possibly the Enemy might have imagined That now their cause was confirmed with a witnesse the honest patriots condemned by God the righteous judge yet after experience made it appeare that the honest cause was never more confirmed then by the death and sufferings of these whom they cruelly murthered as traitours and rebels The Lord so visibly owneing them to the conviction of on lookers that they were no more afrayed of death then of a quiet rest in their beds being ascertaned of the Lord 's accepting of them and their weak endeavours to restore the Kingdome however He who is wise in counsel thought it not for his glory to prospere them in their undertaking at that time And this very consideration did much help to restraine the remainder of the wrath of the adversary who were so enraiged that few thought they should ever have sisted till they had executed all who were their captives Yet the generation of the prelaticall and Malignant faction judicially hardened by this dispensation because as so many carnal sensualists if they beleeve at all that there is a God they measure him and his wayes by their owne yaird and judge of his approving or disproveing of actions by outward dispensations to whom I shall say no more but Careat successibus opto quisquis ab eventu facta not and a puter did not cease to â—ant after the determinations of the cruel bloody Council and cry out upon those Noble and worthy patriots whose memory shall be in everlasting remembrance as Traitours and Rebels justely condemned and executed Whereupon the author of Naphtaly thought himself called of God to write in justification of these innocents And because he saw it was the same Spirit of madnesse and malignnancy which had raged against the work of Reformation from the very beginning that did act those in power against these worthies and that there was no material or substantial difference betwixt the way which these late worthies took and the way which our fore-fathers in the valient maintaineing the interests of Christ and promoveing the work of Reformation in our land had followed in their generation therefore he thought it necessary and useful to make a cleare deduction of the opposition which that poor Church met with at the hands of a Popish Prelatical and Malignant faction And of the constancy valour and Zeal of the Lovers of God and of his interest in adhereing thereto and maintaineing the same against all the rage and fury of the adversary of the Lord's blessing their Noble endeavours with special and remarkable successe And all alongs did clear their innocency and vindicate them from the aspersions that wicked Enemies could lay against them and their actions from such objections as wickednesse it self did or could make against them And at length after a clear representation of the furious genius of the Malignant Apostat generation of this age by their publick and avowed acts and actings and of the sad calamities which the honest adherers to the cause and Covenant of God hath suffered did shew the rise and progresse of that loyal interprise and did fully vindicate the actors therein from the crime of Sedition or Rebellion with which they were most unjustly charged and for which cruely and tyrannically executed But the Mensworne generation of prelatical Apostats finding themselves nearly concearned in that affaire thought it of their concernment to try what could be said in defence of this tyranny exerced mostly for them and at their instigation set some on work to write against that book And therefore they published to the world The I. Part of a
allovv vvhy shall it be unlavvfull for a considerable part of the land to defend their Lives and Estates their Libertyes and Religion by forcible resistence made unto the Magistrat's Emissaries cruel bloody souldiers vvhen that moral resistence by petition vvhich yet no rational man can account resistence it being rather an act of subjection is contrare to all lavv and equity denyed and also the legal resistance by plea in court is not admitted Doth the municipal lavv of the land permit the one resistence aud vvill not the lavv of nature and nations vvhich no municipal lavv can infringe be a sufficient vvarandice for the other in case of extream necessity If it be said The Soveraigne hath law and right upon his side in this case which he hath not in the other till the law discusse it Ans The Law and Right which he hath on his fide in this case is but meerly pretended as in the other case and is lis sub judice Neither is he to be both judge and party in this case more then in the other againe if it be said that in this case He acteth as a Soveraigne executeing the lawes but in the other case he acteth only as a private person It is answered 1. That even in the other case He may pretend to be acting as a Soveraigne following executeing the lawes as well as in this 2. The Soveraigne as Soveraigne cannot oppresse nor do wrong therefore even in this case when he doth manifest injury unto the subjects contrare to his place vow and promise he acteth but as a private person and not as Soveraigne 2. If it be lawful for private person to warde off and defensively put back personal injurious assaults to the manifest and immediat peril of life without any colour of deserving of reason of law or judicial proceeding Why shal it not also be lawful for private persons to ward-off and defensively put back the injurious assaults of Emissaries to the manifest peril of Life Libertyes States Lively-hoods Consciences and Religion without any rational or real colour of deserving of reason of law of God or nations or judicial proceeding Shal it be lawful for one private person in the defence of his owne life to warde off such illegal extrajudicial and irrational assaults of the Soveraigne himself and shall it be unlawful for a body of a land or a considerable part thereof in the defence of their lively-hoods and so of their owne lives and of the lives of their posterity of their Consciences of their Libertyes and Religion all secured unto them by all bonds vowes Covenants Statutes and Actes imaginable to warde off the irrational furious illegal extrajudicial and mad assaults of the Soveraign's bloody Emissaries Sure rational men vvill see that vvhatever reason vvil evince the lavv fulnesse of the resistence in the former case the same vvill more strongly and plausibly conclude the lavvfulnesse of resistence in this case 3. If it be lavvfull for a private vvoman to defend her chastity dearer to her then life by violent resisting the Soveraignes attempts lest by non-resistance she should be guilty and oh if all the vvomen of the nation vvere of this temper Shall it not also be lavvful for private persons to defend their Lives Liberties Consciences and Religion dearer to them then their Lives yea and defend their chastity too by violent resisting of the furious attempts of the Soveraignes bloody Emissaries sent of purpose to constraine and compel them to perjury vvhen their non-resistence according to their povver and opportunity could not but be interpreted a voluntary and base quiteing of the cause and truth vvhich they vvere bound before God to maintaine vvith their lives and fortunes 4. If it be lavvfull to resist habited notour and compleat tyranny against all appearance of lavv manifestly tending to the destruction of a body of a people or a greater part thereof by hostile furious actions Shall it be utterly unlavvsul to resist notour tyranny yea compleat and habited though not as to re-iterated acts yet as to the ground laid dovvne of a most compleat and habited tyranny against all appearance of divine lavv or just and right humane lavves vvhich should be consonant thereunto tending to the destruction of the Covenanted-libertyes privileges and Religion of the vvhole body of the people and also unto the actual destruction of the libertyes states lives and lively hoods of a great part thereof by hostile furious actions 5. If resistence be lavvful in the case of violent attempts or destruction of all known legall libertyes and the beeing of religion according to lavv Shall resistence in our case be unlavvsul vvhen all the true libertyes of the subjects once established by lavves re inforced by vovves Covennants solemne engadgments and all bonds imaginable and the very being of our Religion as reformed in doctrine vvorshipe discipline and government ratified approved established and confirmed by lavves oathes Covenants vovves and promises vvhich lavves so re inforced vvith oathes protestations attestations declarations solemne vovves and Covenants are by all right divine and humane irrepelable being not only in themselves good and necessary but also becoming hereby sacred vovves to God vvhich must be payed being also fundamentall tearmes of the constitution of the reformed Republick 6. If in the case of Vendition Alienation of and giving the Kingdome to strangers violent resistence be allovved shall it not also be allovved in our case vvhen a land that vvas solemnely devoted consecrated and given avvay to God by solemne vovves and Covenants and the same ovvned approved ratified and confirmed by publick acts edicts proclamations declarations lavves and statutes of plenary and even as to all formalities compleat Parliaments made up of all the Estates of the Realme and the King also is novv treacheroussly and iniquosly forced to depart from their former principles to abjure their former vovves and Covenants to change their God to condemne his vvork and by most abhominable and ever to be-abhorred acts and statutes sold and alienated unto a popish prelatical and malignant faction and designe under vvhich the faithful and true seekers of God's face have and can expect lesse liberty for their consciences then if the whole Kingdome vvere delivered up into the hands of the great Turk Thus vvee see these concessions help our cause vveaken the adversaryes not alittle let us novv proceed to speak to another particular vvhich vvill help us also 2. The authors of Lex Rax and of the Apologetical Relation have sufficiently proved that the late vvarre carryed on by the Parliament of Scotland against the King vvas lavvful both in poynt of lavv and conscience And if that vvas lavvfull as it vvas and shall be found to be vvhen he and all his complices have done their utmost vvith all their lying cavills false calumnies reproaches and vvhat not that Hell can hatch to disprove condemne the same a vvarre raised by the subjects in their owne sin-lesse self
opposed to the Kings oath a publick oath swore that they would not suffer that any evil should be done unto him The dutch Annotat call it an abrupt kinde of oath in use among the Hebrevvs But sayes he It is a vvonder to see understanding men argue from this place for violence and forcible resistence to Kings especially vvhen acting according to lavves consented to by private persones Ans This place proveth clearly that princes may be resisted and resisted vvhen they use violence and oppression and that by private persones even vvhen the oppression or iniquity is acted according to a pretended lavv or something equivalent to a lavv Let us see vvhere the difference lyeth Here sayes he the King is not acting according to law but prosecuting the execution of a foolish and rash oath Answ 1. Neither did our King's bloody Emissaries act according to lavv but were prosecuting the execution of a develish and rash resolution to root out and destroy a vvhole Countrey side 2. If Royalists speak truth Sauls vvord let be his oath vvas as good as a lavv and Sanctius sayeth it vvas Decretum decreed And vvhatever it vvas formally it vvas materially a law unto which they had all tacitely assented v. 24. which they durst not transgresse v. 26. Here sayes he the opposition made to the King is by way of intercession earnest reasoning that he ought to regaird what was right more then his rash oath Answ No reasoning vve heare but a peremptour telling of the King to his face that he should not get his vvill not one haire of Ionathan's head should fall to the ground if he should attempt any thing against Ionathan it should be over their bellyes Their vvords look like club-agruments Here sayes he their opposition was acceptable and welcome acquiesced in and yeelded to Answ It is like it vvas condescention by force and constraint for vvhether he vvould or not he savv he could not get his vvill and therefore passed from vvhat he intended 2. His acquiescence sayes the resistence vvas more forcible then meer intercession vvould be for he vvas another sort of bloody Tyrant then to yeeld to petitions vvhen he thought his honour stood upon it Here sayes he the opposition is made by the Princes of the land Captains of Thousands c. Answ The text sayes The people rescued Ionathan Who ever they vvere vvhatever they vvere they acted not here as the Supreame Sanhedrin nor as a court of judicatour haveing povver of government but as private persones according to their povver and capacities And so all this makes much for a party of private persones for here vvas not all the land their resisting of the King 's bloody emissaries executing cruelty not so much as according to an iniquous lavv but contrare to all lavv right and reason Let sayes he Peter martyr be looked upon this place and he speaks not ably well his owne words will discover how notourly he is falsified by L. R. p 349. Answ Lex Rex dealt ingenuously with his reader concerning him telling him in the margine that with adoubt he said si ista seditiose fecerunt nullo modo excusari possunt And that he said they might Suffragiis vvith their suffrages free him Why did not the Surveyer set dovvn his vvords did Lex Rex falsify also Chrysostome homil 14. ad Pop. Antioch Iunius Corn a lapide Sanctius Lyra Hugo Cardin. Iosephus L. 6. antiq c. 7. and Althus Polit. c. 38. n. 109. 3. They must condemne David for his resisting of King Saul with armed men which yet the spirit of God doth not condemne but rather approve in commending such as helped him I Chron. 12 1. 2. 8. c. and inspireing Amazia who was chief of the captaines to say Thine are we David and on thy side peace peace be unto thee and peace be unto thy helpers for thy God helpeth thee So did he intend to keep out the city Keila against the King and consulted God thereanent and had his answere that the city would betray him Now if it had been unlavvful for him to have defended himself by such forcible resistence vve cannot think that he vvould have goten such ansvvers as he gote Grotius himself approveth this deed of David's All vvhich this Surveyer sayeth against this Pag. 67. is That Davids unction did so distinguish him from private persons as that it made it lawful for him to resist violence with violence But the law of nature restricteth not this lawful self-defence to anoynted persons 2. If his anoynting made him no private person what did it make him it could not make Him King othervvise he might not only have resisted Saul but have taken his life as a traitour or else vve must say there were two Kings at once in Israel 3. David never pleads this as the ground of his resistence nor is there any hint of this in the text 4. They must condemne the city Abel 2. Sam. 20. which resisted Ioab Davids General and his forces when they besieged it till the matter came to a capitulation Ioab should have offered tearmes unto the city before he had threatned to destroy it and should have communed with the Magistrates concerning the delivering up of the Taitour before he had resolved to destroy the whole city for one Traitours cause and therefore justly did they defend themselves against his unjust invasion notwithstanding he was armed with a commission from the King and remarkable it is that after the capitulation they were never challenged for traitours in resisting with closed gates and fensed walls the King's General and army So that here is a private city standing out for a time against the King's souldiours unjustly seeking to destroy them because of one Traitour among them 5. They must condemne the Prophet Elias for resisting Ahaziah's bloody Emissaries sent by him in an angry moode to apprehend him and to compell him in a spite full manner and to take him prisoner as say the Dutch Annot. on the place For speaking such things as he did unto the messengers of the King who were sent to Baal zebub the God of Ekron to enquire if he should recover of his desease and to bring him to the King by violence if he would not come willingly as Iosephus sayeth antiq Lib. 9. C. 2. 2 King 1. Now he resisted such as were sent and killed two Captanes their fifties with fire from heaven which instance doth sufficiently declare that it is lavvful for private subjects in some cases to resist the unjust violence of the King's Emissaries though armed with his commission It is true the manner of his resistence and of killing these vvas extraordinary by way of a miracle yet the resistence it self was not extraordinare as we have seen by other instances and shall see cleared by moe 6. They must condemne the prophet Elisha who resisted both the King and his Emissaries in his ovvne defence 2 Kings 6 32. saying to the Elders
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
done by the encouragement and assistance of the Spirit of God And if any should reject this instance as impertinent because they suppose Antiochus was not their lawful Supream Magistrate but only a Tyrant without title let them heare what Grotius de jure belli pacis lib. 1. c. 4. n. 7. sayeth to this Like unto this appeareth that deed of the Maccabees for whereas some think to defend these armes upon this gronnd that Antiochus was not King but an invader it seemeth foolish to me seing in all the history of the Maccabees and of such as took their part they never name Antiochus any thing else but their King and that not without ground for long before this the Iewes had acknowledged the authority of the Macedonians unto whose power and place Antiochus did succeed as to that that the law forbiddeth that any stranger should be set over them that is to be understood of a voluntary election and not of what the people might through necessity be forced to do And whereas others say that the Maccabees used only the right of the people cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deberetur Neither is that solide for the jewes being at first overcome by Nebuchadnezar and subjected to him by the law of warre by the same law they did obey the Medes and Persians who succeeded unto the Caldeans and all this Impire came at length into the hands of the Macedonians hence it is that Tacitus reckoneth the jewes amongst basest of such as served these Assyrians Medes and Persians Nor did they require any thing by stipulation from Alexander and his successours but without any condition gave themselves up unto their power as formerly they had been under the command of Darius And if at any time the jewes were permitted to use their owne rites and lawes that was but a begged right which they had through the indulgence of the Kings but not through any imperial law So that there is nothing that can defend the Maccabees but most imminent and certane danger thus he 2. The constant practice of the Waldensian protestants in Piedmont doth shew that this late practice is not so strange uncouth as adversaryes would give it out to be for they never had a Representative to be a screen betwixt them and the tyranny of their princes and yet how oftintimes have they valiently with stood such as came to oppresse them in goods and lives though cloathed with commission from the princes In the yeer 1580. being persecuted by the Lord of Trinity and their popish Soveraignes they assembled solemnely together to consult how to prevent the imminent dangers and after prayer and calling upon God for his grace and spirit of counsel and direction they resolved to enter into a solemne mutual Covenant and to joyn in a League together for defence of Themselves and their Religion and so accordingly did assist one another in their defence which they did with good successe And that alwayes since whenever they were assaulted by the bloody Emissaries of the Duk of Savoy as any may see fully in their history So that whosoever will condemne the late defence must also condemne these poor oppressed protestants who have no other meane to keen them from utter extirpation but this innocent meane of felf defence and of repelling unjust violence with violence for Bonds Promises Covenants binde their Prince as such obligations use to binde some others viz. no longer then they see it for their advantage Neither have they any Representative Prince or Noble man among them to head their matters but meer necessity puts them to use the best expendient they can and forcibly to resist their oppressing Superiours when they send to spoile them of their goods lives and libertyes 3. Some particular cityes in Germany did defend themselves against the Emperour unjustly invadeing their libertyes and assaulting them as may be seen in the history of Germany particularly the Cities of Madenburgh and Breme 4 So in France the Cities of Montobane and Rochel and the Isle of Ree with stood the King when he was seeking to oppresse them And no man will condemne these for acts of rebellion and sedition unlesse they will also condemne our Kings who at least undertook and offered to help and assist them 5. It was this opposition and resistence of privat persons when tyrannized over by Superiours that hath brought the Cantons of Helvetia unto that state of freedome and liberty which they have enjoyed for many yeers and do enjoy this day being now a free Republick as Simlerus showeth in his history of that Republick 6. But that we may come home we finde some remarkeable instances of this nature which no man in reason who shall condemne this late defence shall be able to defend and to beginne with what may be most recent in our memories In the year 1648. There are two signal Instances The one was that violent resistence used against the Parliaments forces at Mauchlin moor Here was not only a resistence in defence of the truth and cause of God then sought to be borne downe and oppressed by a prevalent Malignant faction in Parliament without the concurrence of conduct of the Representatives of the land but directly against them Here was a defence used by way of resistence by meer privat persons without the company or concurrence of one Noble man And yet a resistence that never was condemned by any to this day expect ingrained Malignants but was approved and commended highly by the Parliament anno 1649. the best Parliaments Scotland did see for many yeers Againe thereafter in that same yeer 1648 The forces of the west Countrey arose in defence of the Cause and Covenant of God and that not only without the conduct of a Parliament but against their resolutions It is true there were some Nobles Parliament-men among them and countenancers of them but these acted not nor could act by vertue of any Parliamentary power but only as privat subjects having by reason of their greater interest in the land a greater obligation to lay out themselves and to improve their authority and influence in the countrey for the good thereof and for the cause of God They had it is true by their places and stations greater influence upon the Countrey and a greater backing and so being leading men were in a greater capacity to defend the oppressed truth but all this gave them no publick Magistratical power nor put them in the capacity of a real and formal Representative and yet all this was afterward approved ratified and confirmed by Parliament as good and necessary service to the countrey and to the cause of God A third notable instance is that Anno 1639. There was then no publicke civil judicatory carrying on that defence but Nobles and others each in their capacity and according to their power concurred for the promoveing of that necessary work of defence They did not acte under the notion of any such judicature nor
either virtually or expresly approved and the worthy actors praised and highly commended as indeed they did deserve 9. None ever condemned these actions as treasonable and rebellious but such as were knowne to be real and heart-enemies to the work it felf no tongues were ever loosed against them except the imbittered tongues of sworne adversaries ingrained Malignants Enemies to God and godlinesse haters of the power of it These and none but these who are of their father the devil durst condemne the same And many hollow hearted professours among whom this Surveyer deserveth to be rekoned were forced against their hearts to approve of the same joyne in with the favourers maintainers of that noble cause so forceable was the light and the power of that Sprit that acted the worthies in these dayes who now have turned open Apostates from that truth and cause have adjoyned themselves unto that ever accursed Popish Prelatical and Malignant faction Yea remarkeable it is that God did so overpower the pen of that Arch-Enemy Spotswood that though he would have said all which Hell it self could have prompted him unto yet durst say no more of these first courses and practices but that they were Violent and disorderly And this Rabshaketh the Surveyer who in the end of his book having reserved the dregs of what he had to exscreate against the work of God and his worthyes until then Pag. 118. c. would out-stripe his predecessours and spevv out his venome like another adder of the same spavvne yet the overruleing providence of God hath so curbed him that he gote not liberty to run the full length he vvould and therefore he sayes We cannot justify all courses that were used then for carrying on the work of reformation and againe if some instruments thereof were guilty of sedition or sacrilege or self seeking and againe if sinful courses were then used by men and againe Pag. 119. Let us not stand superstitiously upon the justifying of all their deeds Who sees not this wicked mans Mouth bridled by the restraineing power of God so that he cannot he dar not plainely and expresly call these courses seditious or rebellious but cometh on with his Ifs and if some instruments and all their courses cannot be justified as if in the most laudable work to which men might have a most cleare call some accidental or circumstantial actions might not abide the test and as if among a company some might not have by-ends while a good work was laudably and lawfully as to the maine carryed on Ay but this good man you will say is mighly in love with the work of reformation and blesseth God for it Pag. 118. 119. True we finde him say so in words but God knoweth his heart But is it not strange that fince he sayeth he approveth the work he will be more blinde then was that poor man in the gospel whom he mentioneth who had his eyes opened Ioh. 9. for that blinde man did see a divine power in the work wrought and said v. 33. If this man were not of God he could do nothing and will not only not see the mighty hand of God in the instruments but tells us he is not much concerned to enquire But what needeth him much doubt of a divine call considering the work it self it 's end the direct tendency of the meanes unto this end the real christian intentions of the instruments which he will not see in the instances he bringeth viz. of the wicked hands crucifying Christ of prophane and unfaithful Ministers preaching of a leprous hand soweing seed of acts of fornication and adultery Why then doth he adduce such Instances so impertinent Wil he proclame himself a fool of the first magnitude in so doing Ay but he would have us following the practices of the primitive christians who never used any undutyful resistence to or violence upon the Magistrats rather then the precedents in these dregs of time But why will he not follow their practices himself Was it their practice to abjure a lawful Covenant sworne for the maintainance of the Truth Was it their practice to renunce their former profession and turne Apostates from the truth which once they avowed Was it their practice to turne their back on Christ and his interest for the will of creatures and for a mease of pottage Was it their practice to change their Religion with the court Concerning the practice of the primitive christians in this poynt and how imitable we shall speak afterward If these were the dregs of time wherein there was so much faithfulnesse Zeal constancy piety singlenesse of heart contempt of the world what dregs of dregs of time are we novv fallen in vvherein there is so much infidelity atheisme perjury falshood lukwarmnesse inconstancy imbraceing of this present vvorld and all sort of wickednesse and prophanity But sayes he Pag. 119. let it be so that much of the way of these who were at first instrumentall in the reformation in this Land were justifiable upon the account of purging the Church from the horrid grossnesse of idolatry corruption of doctrine tyranny and usurpation over poor soulls wherewith the man of sin had for many ages defiled and burdened the poor Church and upon the account of the open hostility to the truth wherein Magistrats then stood together with the inbringing of forraigne furious forces upon us even to the heart of our Land How unlike was the case then to what it is now and how unable is the case now to beare the burthen of a conclusion for such practices as then were used Answ But truely wise judicious Men will not see the case then so far different from what it is now as that the case now shall not be so able to beare the burthen of a conclusion for the same practices Seing there is this day as much horrid grossnesse of idolatry in the Land as hath been at any time these hundereth yeers And as for corruption of doctrine alas Who doth not heare it and see it that heareth these locust-curates preach downe all piety and godlinesse and harden people in defection and apostasy from God It is as great a corruption in doctrine as needs to be to pervert therein the right wayes of the Lord to lead people into the broad way which leadeth unto destruction againe what greater tyranny and usurpation over poor souls would he have then is now exercised since the perjured Prelates the kindely brood of the Man of sinne have defiled and burthened our poor Church The Apology and Naphtaly have abundantly manifested and dayly experience confirmeth it That the tyranny and usurpation is insupportable and as grievous as it was them Moreover is not the open hostility to the truth as manifest in the Magistrats this day as legible by such as run on all their acts and actings as it was then who seeth not this but he who can not see the wood for trees And as for
mutually performed sure each party must be formally obliged to other 6. If this be denyed it must be asserted that a Soveraigne can do no wrong or injurie unto his Subjects can borrow no money from them can not be engaged by Covenant Promise of Bond unto them which were most ridiculous and a doctrine as much tending to the real destruction of Monarchs and Soveraignes as any else for if this hold good Subjects might never think themselves secure And moreover that ordinance could never be an ordinance of God seing thereby People could never expect the least rational ground of security for their lives and what they have But we need not stand on this seing our Surveyer perceiving wel enough what a groundlesse and irrational assertion this of the Royalists is thinketh best to strick in with Lex Rex and grant Pag. 100. That where a Covenant is made between a King and a People the Covenant on the Kings part binds him not only to God in relation to the People as the object of this duty but doth bind him to the People formally 4. It is also cleare and undenyable that in Kingdomes which are commonly called haereditary the Son is obliged to performe the same conditions which his father was obliged to perfome for as the law sayeth Conditionalis obligatio transit ad haeredes L. si quis D. de Verborum obligatione Rational People condescending rationally upon the constitution did certanely pitch upon that way of conveyance of the Soveraignity that might best secure them as to their Ends and if none had been obliged unto the conditions agreed upon but the first in the line they had not rationally secured these Ends. 5. It is no lesse cleare That when the Soveraigne doth not performe the Principal maine and most Necessary Conditions condescended and agreed upon de jure he falleth from his Soveraignity This all will grant as flowing natively from the nature of a compact for qui non praestat officium promissum cadit beneficio hâc lege dato He who doth not preforme the conditions agreed upon hath no right to the benefite granted upon condition of performance of these conditions I do not here say that every breach or violation doth degrade him de jure but that a violation of all or of the maine most necessary and principally intended conditions doth 6. Lawyers grant that every conditionall promise giveth a right to the party to whom the promise is made to pursue for the performance and this is the nature of all Mutual compacts And therefore by vertue of this mutual compact the Subjects have jus against the King a Right in law to pursue him for performance The worthy author of Lex Rex told us Pag. 97. That even the Covenant between God and Man is so mutual I will be your God and yee shall be my people that if the people break the Covenant God is loosed from his part of the Covenant Zach. 11. 10. and 2 The Covenant giveth to the beleever a sort of action of law and jus quoddam to plead with God in regard of his fidelity to stand to that Covenant that bindeth him by reason of his fidelity Esa 43. 26. 63. 16. Dan 9. 4. 5 and hence inferred That farr more a Covenant giveth ground of a civil action or claime to a People and the free Estates against a King But sayes the Surveyer Pag. 101. It had been better said That upon this ground they might humbly plead with him supplicate and reason with him as God's deputy bearing the impresse of his Soveraignity and Majesty on earth But as God cannot otherwise be pleaded with upon account of his promise wherein he is bound not so much to us as to his owne fidelity to evidence it reddit ille debita nulli debens and cannot be pleaded with by force or violence So his deputyes on earth on whom under himself he hath stamped inviolable Majesty whatever they be are not to be pleaded with by strong hand and force Answ If he had shewed 1. That Migistrates could not miscarry 2. That Subjects had no hand in making these conditions in the Covenant betwixt Them and the King 3. Nor any hand in setting up the King and conferring that benefite upon him on such and such conditions then his inference had had some colour but now hath it none 2. Inferiour Magistrates are God's deputyes as wel as the Superiour and yet vve finde no impresse of Majesty or Soveraignity on them but they may be opposed vvhen doing injury 3. This is a large assertion vvhich I much doubt if any Royalist vvill defend That the Supream Magistrats vvhatever they be can in no case be pleaded vvith by strong hand and force Sure vve heard Cap. 2. some concessions smelling othervvise 4. Himself vvill grant that notvvithstanding of all his Majesty and Soveraignity a forraigne Prince may resist him by force and plead his right vvith a strong hand hovv doth he then save his Majesty inviolable But sayes he Pag 102. who will judge it more reason that these who are plaintifes shall be judges of the party they compleane of more then the party or Prince judge to them Is not this a perversion of all judgment that in one and the same body politick the accuser and judge shall be co incident in the same person or persons Ans This makes as much against the king as against us for by this reason the King hath no jus over the People more then they over him and can no more plead his cause then they can for himself cannot be judge and plaintife both and if this be the perversion of all judgment vve have seen enough of it vvhere the King hath been both judge and party pursuer by his advocate But let him ansvver this himself and he vvill help us to ansvvere also Againe he sayeth in that same Page Though it be true that all Covenants and contracts amongst men embodyed in a society brings each of the contracters under a law claime in case of failing coram judice proprio before his owne and competent judge yet it is not true That any contract betwixt man and man in one and the same society giveth the party keeping contract co-active power over the party breaking Answ He is but a ravv lavvyer that sayes so for if one Man set a piece of land to another for so many yeers for so much yeerly and the other be bound at the expireing of these yeers to remove vvithout processe of lavv The party setter hath by contract a coactive povver and may use Major vis and thrust him out vvith the broad svvord without further action of lavv But sayes he Pag. 103. There is no judge over all Magistrates nor the Supreame Magistrate before whom a complaineing people can plead wrong done to them This complainte lyeth before God only to take order with it Answ When Arnisaeus objected that The worthy and Learned author of Lex Rex answered That the
consequence was not necessary no more then when the King of Judah and the King of Israel make a covenant to performe mutual dutyes one to another it is necessary there should be a King and superiour Ruler above both who should compell each one to do a duty to his fellow King and People are each of them above and below others in diverse respects But in cometh this Surveyer Pag. 100. and tells us there is a great difference God having allowed lawful wars allows seeking of reparation or repelling of wrongs done by one Nation to another by force of the sword when no rational meanes can bring the doers of the wrong to do right and there being no other remedy he himself the Lord of hostes and God of armies sits judge and moderator in that great businesse and in the use of war is appealed to as judge there being no common judge on earth to sit on the causes of these independent Nations But God having set and established in one Particular Nation and Political society his owne ordinance of Magistracy to which every soul must be subject and all subject to the Supreme c. Ans This sayes wel when the difference or disput is between two subjects both under one Magistrate but is sayes nothing to our case where the difference is betwixt the Magistrate and the Subjects for in the other case there is a judge over both established unto whom both are subjects but in our case there is no judge on earth Common to both or who can sit and judge in such causes for the King must here be no more both judge and party then the People and so the case is irremediable unlesse there be an allowance of repelling force with force for in our case there are no rational meanes which can be used to bring the Prince to do right unto the injured Subjects and therefore it God allow war in the use of which he is appealed to as judge betwixt two Nations he wil allow also a necessary defensive warre in Subjects against their Soveraigne when there is no other remedy or rationall meanes of redresse This Man dictats but what proveth he The Magistrates are by their official power above the whole Nation and as absurd it is to say they are above the powers which God hath set over them as L. R. pag. 460. sayeth thrasonically he hath proved unanswereably as to say that every parish is above the Minister in an ecclesiaslical way though he hath official power over them all or that every Lord in Scotland hath their Tennants and vassals above them a thing which the nobles of Scotland had need to look to for certainely the principles which lead to subject Kings to People lead clearly and by undoubted consequence to Subject them to their vassalls and to all under them yea and all Masters to servants and parents to children and to confound and invert the order of all humane societies Ans 1. The law will tell us That in mutual compacts the party observer is Eatenus in so far superiour unto the party who faileth 2. The author of Lex Rex sayeth truly and not Thrasonically as this Thraso and windy man allaigeth who would make the world beleeve that his one word is enough to confute all which that learned author hath solidly proved with such reasons that he thought with the little wit he hath it was more wisdome to forbeare once to name then to offer to answere that he hath proved unanswereably if not let this windy Thraso try his hand in confuteing his reasons the Peoples power above the King 3. This man's reasons are as weak as water For 1. the Paroche is so above the Minister that in case he teach haeresy there be no ecclesiastick or civil power to put him away they may save their owne soulls thrust him out and choose another more Orthodox 2. All know that the Lord is bound to the Vassalls as well as they are to him and that the Lord may not oppresse them or if he transgresse the bounds and limites prescribed him they will get action of law yea in some cases be free to renunce him as their Supream and choose another Let the nobles take heed they drink not in this Man's doctrine for if they arrogate to themselves a power to oppresse pillage plunder murther Massacre their vassals as this man pleads for such power to the King without control I fear their vassals let them know they are not slaves 3. What a poor Politician is this He speaks this to move them so much the more to owne the King's cause but who seeth not that he is either a false or a foolish advocate for the King in this matter for if the King get no moe on his side but the Superior Lords if all the Vassalls and Tennants be against him he will have the weaker party by farre on his side 4. I would desire Nobles all to take notice of this that he would here seem to give to the king as much power over them and all the lands as Masters have over their Tennants who have their lands only from them upon certaine conditions and may be removed when these conditions are broken 5. What a fool is he to put Tennants and Vassals together doth he not know that Lords have more power over their Proper Tennants then over their Vassals 6. Doth he think that Servants may not in some cases be above their Masters a noble man's son may be an apprentice to a very meane man But thinks he that Servants will get no action of law against their Masters or if there be no law or judge over him and his Master he may not defend himself against his Master's unjust violence 7. As for the subjection of parents to Children it is impertinent in this case as shall be shewed in due time and yet we know that the father hath been a subject and the son a King over him and we know also that in case of necessity the children may defend themselves against their father taken with a mad phrenzy Then he adds This truth we must cleave to that in one and the same civil society where God hath appoynted Rulers and Ruled Subjects cannot without sacrilegious intrusion and contempt of God snatch the sword out of the Magistrates hands to punish him with it though in some partilars he abuse it neither can a war intended for this end by meer private persones be lawfull against their head or heads Answ We may let him cleave to this truth and this truth cleave to him and be no losers for we speak not of Subjects taking the sword of justice to punish the King we speak of no warre raised by the subjects for this end we plead only for a power in private Subjects to defend themselves in cases of necessity against their head or heads and he nor none of his party have the forehead to deny this to be lawful in some cases especially if
now we get for our vast expence of blood oppression and Ten years bondage that we must be declared a conquest and a subdued Nation 2. It is a manifest lye to say that his interest vvas expresly disowned by the publick judicatories of the land before Dumbar fight for that act of the West Kirk to vvhich I knovv he looketh vvas not an expresse disovvning of his interest as may be seen by the act it self which was as followeth Westkirk the 13 day of August 1650. The commission of the Generall Assembly considering that there may be just ground of stumbling from the King's Majesties refuseing to subscribe and emit the declaration offered unto him by the commmitee of Estates and commissioners of the General Assembly concerning his former carriage and resolution for the future in reference to the cause of God Enemies Friends thereof doth therefore declare that this Kirk and Kingdome do not owne nor espouse any Malignant party or quarrel or interest but that they fight meerly upon their former grounds and principles and in defence of the cause of God and of the Kingdome as they have done these twelue yeers past and therefore as they do disclame all the sinne and guilt of the King and of his house so they will not owne Him nor his interest otherwise then with a subordination to God and so far as he ownes and prosecutes the cause of God and disclaimes his and his father's opposition to the work of God and to the Covenant and likewise all the Enemies thereof and that they will with convenient speed take in consideration the papers lately sent unto them from Oliver Cromwel and vindicate themselves from all the falshoods contained therein especially in these things wherein the quarrel betwixt us that party is mis-stated as if we owned the late King's proceeding's and were resolved to prosecute and maintaine his present Majesties interest before and without acknowledgment of the sinnes of his house and former wayes and satisfaction to God's People in both Kingdomes Which when the committee of Estates had seen and considered they did approve the same and heartily concurred therein and what could this honest and most seasonable declaration import but only that if the King would not by a declaration acknowledge his sorrow for his his father's carrying on a course destructive of the work of God and his renunceing of the Malignant interest and all who would owne the same and his purpose to adhere unto the Covenants they would not espouse a Milignant quarrel but fight upon the same grounds and principles that they had done for twelue yeers before aud only owne him with a subordination to God and in so far as he did owne the cause of God and renunce Malignancy and Milignants and that they vvould take into consideration Oliver Cromwel's papers for their ovvne vindication and clearing of the true state of the quarrel Which vvas necessary before they did engage in fight And vvould this Malignant Gnatho have had the Land and the publick judicatories thereof contrare to their Covenants many Purposes Resolutions Vowes Engagements postponing Christ's interests unto man's and hazard Religion Libertyes all for one who would not declare himself a friend to Christ and his interest but would persist in a stated opposition to Christ and his cause 3. But let him make of this what he will sure his interest was owned when he upon second thoughts emited that declaration at Dumfermline upon his refusal of which this act made at the Westkirk passed and this was before Dumbar fight So was his interest sufficiently owned with the subordination requisite when he was crowned which was not very long after that stroke a Dumbar and after vvhich vve gote blowes enew and vvere redacted at length to bondage What sayes he next to this 2. What ever engagements were upon him for the good of the Nation yet if these mens principles were to be followed they could have had no force on him to move him to labour our vindication into liberty for do not they teach that in the mutual contract and Covenant betwixt King and People the People are loosed from their duty if the King fail in his frangenti fidem fides frangatur eidem and why then in not the King loosed if the people fail on their part It is known that although the Nobles and body of the people were well enough affected to the King and cordially loved him when they were over powered and could do nothing yet by their Representatives he was disowned which in law would be rekoned their owne deed and if a sworne people deserte and disclaime their King by their Representatives may not the King also have the benefite of the conditional Covenant and leave them as he found them in bondage to forraigners But such was his Majesties graciousness and wisdom as well as conscience of duty that although the Nation had failed much to him he would not walk after the counsel of these men And we may all things considered assert that the people of Scotland do rather owe their liberty to him then he doth owe his authority to them or by virtue of any Covenant with them Answ 1. By vvhat he hath been formerly saying and by the instances vvhich he hath brought vve see vvhat is the scope he driveth at viz. To have us novv a formal conquest that so the King may tyrannize over us and deal vvith us as he seeth good jure conquestus as being novv free from all bonds and obligations vvhich ever passed betvvixt Him and the People For the fift particular which he undertooke to cleare by these five instances was that the constitution of this Kingdome neither was not is founded on a Covenant betwixt King and People and yet we see the poor man so straitned that he knoweth not what to say He would saine loose the King from all Bonds and Covenants and former obligations and yet he dar not positively and clearly assert it but only sayes if the King would follow our principles he would account himself loosed from all but unlesse he assert it clearly and positively that the King is really loosed from all his former obligations he speakes nothing to he poynt but must grant that at least as to this King the constitution is founded upon a conditional Covenant and though we should yeeld all therest if he grant this to us we need desire no more for all our Ends. But 2. in good earnest let him tell us Whether the former engagements which were upon the King at his coronation be loosed or not If they be loosed and made null because of what these supposed Representatives did Then 1. we have a new ground of dissolving the sacred obligations of the Oaths and Covenants which the King made with God and with his People which was not thought upon till this needle-headed man did invent it The King himself at his returne gave no such ground 2. If he
15. Iam. 6. c. 2. Parl. 23. Iam. 6. Act. 1. Parl. 1. Char. 1. and act 14. 15. of the same parl act 13. parl Anno 1661. Charl. 2. and this is reckoned by the forementioned politicians among the prerogatives Volgm pag. 57. Hoen pag. 129. Bodin pag. 244. Timpl. ubi supra 4. Nor doth it belong to him alone to appoynt the value of money as is cleare by our acts act 67. parl 8. Iam. 3. act 93. 97. parl 13. Iam. 3. act 23. parl 1. Iam. 1. act 33. parl 8. Iam. 2. act 59. parl 13. Iam. 2. act 2. parl 1. Iam. 4. act 17. parl 2. Iam. 4. act 40. parl 4. Iam. 4. act 17. parl 1. Iam. 6. act 20. of the same parl act 249. parl 15. Iam. 6. c. 9. parl 16. Iam. 6. yet the forecited authors reckon this also among jura Majestatis 5. He must not rule us by his meer will but by the lawes of the land act 79. parl 6. Iam. 4. act 130. 131. parl 8. Iam. 6. and not by any special grant or privat privileges act 48. parl 3. Iam. 1. 6. He is not the proper judge of all causes in the first instance act 45. parl 2. Iam. 1. act 62. parl 8. Iam. 3. 7. Some causes are fully exempted from his judgment and determination act 105. parl 14. Iam. 3. 8. The Lords of the Session may finally decide causes according to the act 65. parl 3. Iam. 1. without any liberty granted to the party to appeal to the King act 63. parl 14. Iam. 2. and this privilege of the Session in ratified act 93. parl 7. Iam. 5. act 1. parl 2. Mar. act 170. parl 13. Iam. 6. act 183. of the same parl act 211. parl 14. Iam. 6. act 23. parl 1. Carol. 1. act 23. parl Anno 1661. Charl. 2. Yea the judges are allowed to discerne according to equity notwithstanding of any write of the King 's to the contrary act 92. parl 6. Iam. 6. act 47. parl 11. Iam. 6. act 79. of the same parl 9. He is limited in granting remissons sic act 46. parl 2. Iam. 1. act 51. parl 3. Iam. 1 act 75. parl 14. Iam. 2. act 42. parl 6. Iam. 3. act 94. parl 13. Iam. 3. act 62. 63. parl 6. Iam. 4. act 174. parl 13. Iam. 6. 10. He is limited in alienating of lands possessions or moveable goods act 2. parl 1. Iam. 2. act 41. parl 11. Iam. 2. act 70. and 71. parl 9. Iam. 3. act 112. parl 14. Iam. 3. act 5. parl 1. Iam. 4. act 10. parl 2. Iam. 4. act 22. ejusd parl act 50. parl 4. Iam. 4. act 90. parl 6. Iam. 4. act 84. parl 6. Iam. 5. act 115. and. 116. parl 7. Iam. 5. act 6. parl 9. Iam. 6. act 176. parl 13. Iam. 6. act 159. ejusdem parl act 203. and 204. parl 14. Iam. 6 act 236. parl 15. Iam. 6. act 242. and 243. ejusdem parl act 1. parl 16. Iam. 6. cap. 4. parl 23. Iam. 6. act 10. parl 1. Carol. 1. 11 So is he limited in erecting Royal brughs act 43. parl 11. Iam. 2. 12. He is limited in appoynting publick offices for admininistration of justice act 44. parl 11. Iam. 2. 12. He may not passe gifts signatures or remissions but with the consent of the privy Council act 12. parl 2. Iam. 4. 14. He hath been aftentimes admonished of his duty by the Parliament see act 23. parl 1. Iam. 1. act 5. and. 6. parl 3. Iam. 2. act 14. parl 6. Iam. 2. act 92. parl 13. Iam. 3. act 8. parl 2. Iam. 4. act 29. parl 3. Iam. 4. act 17. parl 1. Iam. 6. If this Surveyer hath a minde to defend the King 's civil prerogative royal or his absolute power Let him take all these particulars to his consideration but we goe on to our purpose From what hath been said concerning this limited power of the Kings we draw these particulars for our purpose 1. If the King be a limited Prince Then he may in some cases be lawfully resisted Gerhard himself de Magistrat Pol. § 484. pag. 1303. in answering of that quaestion what shall Subjects do if a Magistrate who is an infidel or an haeretick doth force them unto a false religion sayeth That such a Magistrate who hath absolute and unlimited power and is under no compacts may not be resisted by such as are meer Subjects So that he would grant in this case That it is lawful for meer private Subjects to resist a limited Prince who is bound by compacts and contracts It is true when he cometh afterward to speak of resisting a Tyrant and proponeth the quaestion § 486. whether such who have absolute power and turne Tyrants may be resisted after he hath cited some sayings of Papists he tells us § 487. That all the arguments of iunius Brutus Rossaeus Buckerius are solidly answered by Barclaius Albericus Gentilis Cunerus and Arnisaeus and this passage our Surveyer bringeth in Pag. 89. But who seeth not that it cometh not at all home to our purpose seing our King is not a King of absolute power though he hath his Kingdom by succession but is limited by conditions and stipulations And further every one may see the weaknesse of Gerhard's reasons and how inconsistent he is with himself For. 1. Sayeth he such is only under Gods jurisdicton But alas 1. May not I resist a person vvho is not under my jurisdiction 2. Royalists will say the same of all Princes even Barclaus and Arnisaeus Againe he sayes The People have translated their whole power unto such a Prince cannot recall it But 1. They have never translated over unto him a power to inslave themselves for that was not in their power to do Nor 2. Could they ever give away the power of self defence which is their birth right 3. Sayes he Subjects in this case want God's command and a Superiour power But 1. They have God's command in nature no lesse then these who are under limited Princes 2. They have a superior virtual power in cases of necessity 4. Sayes he He is a Father of the Republict and not a Tutor only and therefore as Children have no power over their Parents no more have Subjects over their Princes But 1. Are not even limited Princes as well Fathers to the Commonwealth So that by this argument it shall be as unlawfull to resist these which he will not say 2. Yea such absolute Princes Look rather to be Tygers and stated enemies unto the Common-wealth then Fathers 3. They have no proper Parental power as we shewed but Metaphorical 4. Even natural parents may be resisted Ergo much more they 5. We are not speaking of giving judgment against Tyrants but of resisting of them and if he grant this vve have our desire And his question vvas touching resistence § 485. Quest. 4. 2. A Limited and pactional Prince may be legally resisted Ergo also with force when a legal resistence cannot be had The antecedent is true
I have said to declare himself an enemy to that which so highly provoketh the wrath of God against the whole People For where Moses sayeth Let the city be burned c. he plainly doth signify that by the defection and idolatry of a few Gods wrath is kindled against the whole which is never quenched till such punishment be taken upon the offenders that whatsoever served them in their idolatry be brought to destruction because that it is execrable and cursed before God and therefore he will not that it be reserved to any use of his People I am not ignorant That this law was not put into execution as God commanded but what did thereof ensue and follow Histories declare viz. plague after plague till Israel and Iudah were led into captivity as the Books of the Kings do witnesse The consideration whereof maketh me more bold To affirme that it is the duty of every man who desireth to escape the plague and punishment of God to declare himself Enemy to idolatry not only in heart hateing the same but also in external gesture declareing that he lamenteth if he can do no more for such abhominations of these premises I suppose it be evident That the punishment of idolatry doth not appertaine to Kings only but also to the whole People yea to every member of the same according to his possibility For that is a thing most assured that no man can mourne lament and bewail for these things which he will not remove to the uttermost of his power And a little thereafterâ— And therefore I feare not to affirme that the Gentiles I meane every City Realme Province or Nation amongst the Gentiles imbraceing Christ Jesus and his true Religion be bound to the same league and Covenant that God made with his People Israel when he promised to root out the Nations before them in these words Exod. 34 12 13 14. to this same law and Covenant are the Gentiles no lesse bound then some time were the jewes vvhensoever God doth illuminate the eyes of any multitude Province People or City and puteth the sword in their ovvn hand to remove such enormities from amongst them as before they knevv to be abhominable Then I say are they no lesse bound to purge their Dominions Cities and Countreyes from idolatry then vvere the Israelites vvhat time they received the possession of the Land of Canaan And moreover I say if any goe about to erect and set up idolatry or to teach defection from God after that the verity hath been received and approved that then not only the Magistrates to vvhom the svvord is committed but also the People are bound by that oath vvhich they have made to God to revenge to the utmost of their povver the injury done against his Majesty So in his admonition to the Commonalty of Scotland Pag. 36. Neither would I that you should esteem the reformation and care of Religion lesse to appertaine to you because yee are not Kings Judges Nobles nor in authority Beloved brethren you are God's Creatures created and formed to his owne image and similitude for whose redemption was shed the most precious blood of the only beloved sone of God to whom he hath commanded his gospel and glade tidings to be preached and for whom he hath prepared the heavenly inheritance so that yee will not obstinately refuse and disdainfully contemne the meanes which he hath appoynted to obtaine the same for albeit God hath put and ordained distinction betwixt King and Subjects yet in the hope of the life to come he hath made all equal and therefore I say that it doth no lesse appertaine to you to be assured that your faith and Religion be grounded and established upon the true and undoubted word of God then to your Princes or Rulers for as your bodyes cannot escape corporal death if with your Princes you eate or drink deadly poison although it be by ignorance or negligence so shall ye not escape the everlasting if with them yee professe a corrupt Religion and this is the cause that so oft I repeate and so constantly I affirme that to you it doth no lesse appertaine then to your King or Princes to provide that Christ Iesus be truely preached among you seing without his true knowledge you cannot attaine to salvation More to this purpose may be read there CAP. X. Arguments taken from the hazard of becoming guilty of the sin of others and of partaking of their Judgments And from the duty of relieving the oppressed c. IT is not necessary for our purpose to dip much into that question concerning Gods imputing of the sin of one unto others and therefore we shal shortly hint at some few particulars from Scripture and after we have considered what this Surveyer sayeth we shall apply them to our purpose That God doth punish some and that most justly for the sinnes of others the Scripture doth abundantly verifie Not to insist on the instances of his punishing of whole families for the sinnes of the Head of the family as the family of Pharaoh Gen. 12 v. 17. of Abimelech Gen. 20 v. 17 18. of Corah and his companions Num. 16 v. 27 32 33. of Achan Ios 7 v. 24 25. of Ieroboam 1 King 14 v. 10 11. Cap. 15 29. of Ahab 1 King 21 v. 21 22 24. 2 King 9 v. 8. of Baasha 1 King 16 3 4. of Iehoram 2 Chron. 21 14. Nor on the instances of his punishing of Servants for the sinnes of their Masters or the Children and Posterity for the sinnes of their Parents as in the 2 Command where he threatneth to visite the iniquities of the Fathers upon the Children unto the 3 and 4 generation So also Levit. 26 ver 38 39. Deut. 28 v. 18 32 45 46. So the Children of such as were drowned in the flood Gen. 6 7. The posterity of Canaan Gen. 9 v. 24 25 26 27. The children of the Egyptians Exod. 11 v. 5 6. of the Israelites Num. 14 v. 33. Psal 106 v. 27. of Dathan and Abiram Num. 16. of the Canaanites Deut. 3 Cap. 20. of the Amalekites 1 Sam. 15. of Saul 1 Sam. 21. of Cehazie 2 King 5 ver 27. of the Babilonians Esai 14 ver 21 22. of Semaia Ier. 24. v. 32. Hence true penitents acknowledge are humbled for not only their owne sinnes but the sinnes of their Fathers Ezra 9. Dan. 9. Job sayes Cap. 21 v. 19. God layeth up his iniquity or the punishment of his iniquity as it is in the margine for his children But to passe these we finde moreover 1. That People have been punished for the sinnes of their Pastors or in hazard to be punished therefore When Nadab and Abihu had provoked the Lord with their strange fire Moses spoke unto Aaron and to his other two Sones and sayd Levit. 10 v. 6. Vncover not your heads neither rend your cloathes lest you die N. B. and left wrath come upon all the People So that their sin would
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
King of Persia did flee to the Romans to seek their help upon which and some other causes a war arose betwixt the Romans and the said King It is true they made not head against the King while they remained in his countrey because they were not able otherwise they had not run to the Romans for help Our Surveyer cannot deny that they sought the Emperour's help but he saves This will not necessarily Import that they stirred them up to invade their King in their behalf but that having come to them they might have the help and benefite of their protection But vvhether they stirred up the Empâ—rour or not is not much to the matter seing they came as suppliants and as Socrat. sayes Lib. 7. Cap. 18. craved that they vvould pity their case and not suffer them to be so oppressed and the Emperour made this one cause of the vvar vvhich he undertook against him and vvas one of the causes as the historie tells us that made the Romans angry with them and vvhen the Persian King demanded back his fugitives it vvas ansvvered they vvould not do that yea and that not only they vvould endeavour to set the suppliants at freedome and deliver them from their oppressours but also that they vvould undergoe any thing for the good of the Christian Religion and as socrat sayeth lib. 7. c. 18. they purposed not only to aide them but also with all might possible generally to maintaine the quarrel in the behalf of Christian Religion Againe our Surveyer tels us that the Persian Kings had once submitted to the Romans Which whether true or false is not mentioned in all this history either as the ground moving the oppressed Christians to flee to the Emperour Theodosius for help or moving Theodosius to wage vvarre against them And so by this example of theirs we see that oppressed subjects may run and seek releef from strangers when they cannot help themselves Thus we see this Surveyer's argument is many wayes weak and against himself Moreover 4. When Athanasius was forced to flee out of Alexandria and Gregorius was brought thither with armed souldiers and put in possession of the Church the Citizens of Alexandria not withstanding of Syrianus the captane under the Emperour his being there with five thousand armed men were so displeased with what was done that they set St. Denis Church on fire See Socrat. Hist Eccles Lib. 2. Cap. 8. Or cap. 11. after the greek copy 5. When the honest People at Constantinople had chosen Paulus to be their Bishop after the death of Eusebius the Emperour Constantius sent Hermogenes the captaine to thrust Paulus out of the Church and when he came to execute his commission with force the People prepared themselves to aide their Bishop forced the house where Hermogenes was and pulled him out by the eares and killed him See Socrat. Lib. 2. Cap. 10. 6. When Paulus was againe placed in Constantinople the Emperour sends Philip the president to remove him and to appoynt Macedonius the Arian in his stead But Philip was so affrayed of the People that he went straight unto the publick bath called Zenxippus and sends for Paulus and being in fear of the multitude who being suspicious flocked thither conveyes him secretly out a back window Then he and Macedonius went unto the Church and were guarded all alongs by souldiers with naked swords and when they came to the door the throng was such that they could not enter till there were some thousands Killed If Philp the Emperours Lievtenant had not been afraid of the People he had not done as he did So for fear of the People the Lieutenant of Valens the Emperour durst not execute these fowrscore priests who had come 〈◊〉 supplicate the Emperour in name of all the rest in Nicomedia and were commanded to be killed by the Emperour See Socrat. Lib 4. Cap. 13. all which sayes it was no rare thing for People to resist even with force the Emperours Emissaries sent to execute his unjust decrees 7. Socrates tells us Hist Eccles Lib. 7. Cap. 14. hovv divers Monks inhabiting mont Nitria espoused Cyril's quarrel and coming to Alexandria assaulted the Lieutenant in his Chariot with stones so that his guaird was forced to flee away 8. About the year 404. when the Emperour had banished Chrisostome the People flocked together about the palace so that the Emperour was necessitated to call him back againe from his exile See Hist Tripare Lib. 10. Cap. 13. 9. When Ambrose was banished by Valentinian the Emperour at the instigation of his Mother Iustina the People did resist such as came to carry him away such was their Zeal for the truth and love to their injured Bishop see Hist Tripart Lib. 9. Cap. 20. and they would rather lose their lives as suffer their pastor to be taken away by the souldiers that were sent to pull him out of the Church and thurst him away by force See Ruffini Histor Lib. 11. c. 15. Now let the Surveyer tels us what he thinks of their practice And if he think their practice any other commentary to Rom. 13. then our glosses and if it be any thing different from our practice in these dregs of time as he loveth to speak We proceed now unto his Reasons which are but the same things we have heard formerly The summe of the first is this That doctrine cannot be of God which to the eye of sound reason doth unavoidably if practised overthrow God's order for setling Societyes and open a gap to perpetual seditions against Magistrates and will please wicked malefactors well being a proclamatoin to them when condemned to violent the Magistrate for the matter is referred to each particular person to judge of his owne suffering and his discretive judgement must determine him to resist Answ Here is a heap of words but no sinewes of an argument This man is good at catching poor simple ones that cannot discerne his tallacies But such as are wise will smile at his confidence in reasoning after this manner For. 1. His doctrine not ours overthroweth God's order It is God's order that Commonwealths be preserved from ruine and destruction that Magistrates should lay out themselves and all their power for the good of the Realme over which they are for as Ciecro sayeth eo referenda sunt omnia its qui praesunt aliâ—s ut â—i qui erunt eorum in imperio sint quam beatissimi and elsewhere ut gubernatori cursus secundus medico salus imperatori victoria sic moderatori Reipublica beata Civium vita proposita est But by his doctrine if the Soveraigne will and how mutable and inclineable to tyranny the will of Princes is all ages hath witnessed The Commonwealth is remedylesty gone if he will destroy the same there is no help if he turne Tyrant and one wreatched Counseller may in a short time by asse a Prince that is not otherwise wel balasted to this ruine is unavoydable But by our doctrine there is
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
I sinned saying that David spoke so because he feared none And of Ambrose on the same words saying that he was King and under no Law and therefore he did not sin against man But all this is no purpose For 1. himself will grant that all Kings are not thus exempted and his adversaries will prove the King of Britane one of these limited and restricked Kings that are obnoxious to examination and punishment and these sayings cannot prove that all Kings are so yea or ought to be so 2. Tertullian to vindicate the Christians who would not acknowledge the Emperour to be God and to shew how notwitstanding they respected him according to his place would give him as high titles as he could though not out of flattery and so make him the highest person in the Empire and above the heathen Gods yet he did not set him above all the People in their Representative the Senate or if the did the Senate proved him to be in a mistake by taking course with several of these leud and wicked Tyrants 3. David's single act of adultery and murther were no such acts of Tyranny as are censurable with deposition and so it speaketh not to the case 4. It might be that de facto he did not fear another as Ierome sayes But that will not say that David might have destroyed the inheritance of the Lord without controlle or that other Princes are or should be exempted from restraint and punishment if they turne ingrained and habituated Tyrants 5. Himself will not stand to what Ambrose sayes for he addeth immediatly There is no doubt but David was sensible both of the horrid injury he had done to Uriah the occasion of that Psalm and of the scandal he had given to God's People in which sense he might be well said to sin against both 6. The words of the text vvill not beare that vveight viz. That he had no other judge but God or that as Deodate sayeth he was exempted from all punishment of men was obnoxious to no humane tribunals but as other commentators say the words are to be taken in a comparative sense that this was the greatest aggravation of his guilt that it was such a hainous trasgression in his sight who was privy to it however he did conceale it from all others so far as he could see the Dutch Annot. on the palce and therefore to expresse his spiritual sense of the sin commited against God against whom properly sin as sin is commited he useth this rhetorical ingemination And if the words should have imported what the Surveyer would have them to import they had not been apposite to expresse his spiritual grief sense of the hainousnesse of the crime commited Then he tels us what excellent Mr Calvin sayeth Instit Lib. 4. cap. 20. § 27. and 31. and then sayes It is a wonder how many who pretend respect to Calvin should dar to violate the sacrosanct Majesty of Kings if they will but read over that chapter But is it not a wonder how this man who seemeth to have read over that chapter and particularly § 31 should passe by what worthy Calvin sayeth in the end of that section or should have so little respect unto that worthy man whom he himself accounts to be worthy of respect and but deservedly as to plead for an incontrollable power in Kings When yet famous Calvin tels us there that if the Ephori or States of Parliament connive at the King's tyranny and suffer him to oppresse and insult over the poor People they are wickedly perfidious and palpably betraying their trust Then in the 4 place he tels us That it is not denyed that the King is bound before God to rule his People according to the Law of God and that it is grosse to say Regi quicquid libet licet This is good but what then What if he deviate We maintaiâ—â— sayes he that as sure truth That impunity as from subjects necessarily attends Soveraignity by the Law of God reason and nature For no man can be judged or punished but by a judge above him and the Supreame hath none such c. Answ But Mr Prelate your adversaries will maintaine the contrare as a sure truth We looked for a fourth proof and not for the thing in question or a repetition of what is said The same thing repeated six times will not make six arguments Mr Bishope give a new proof if you can of this firme truth which you maintaine We maintaine by the Law of God Nature and Reason No man hath an uncontrollable power to destroy millions to cut off the heretage of the Lord to destroy his Interest And we have shewed our grounds for this 2. How was Athaltah judged And what a judge was Iehu 3. It hath been told him that the supreame governour hath a supreame power above him The power of the People that made him Supreame governour is above him and can depose him and put another in his place He may be a Supreame governour dispensator and yet their servant accountable unto them and censurable by them when he deviates and turnes a Tyrant and a Wolfe and a Tyger When one King wrongeth another that other will both judge and punish him if he be able and yet is not properly a judge above him Much more may the Representative of the People who set him up and impowered him both judge him and punish him But the good man thereafter would advise Kings not to abuse this inviolablenesse but so much the more to fear sadder punishments from God and for this cause would have them reading the 6 chapter of Apocryphal Book of Wisdome But was there no texts in all the divine Word of God that he would put into the King's hand to read that he must send him to the Apocrypha It is true Kings would do well to remember that they have a God above them who will not be mocked but will bring them to an account of their doings though they should escape Mens hands and to the end they may be put in remembrance of this they stand in need of other monitors then the Men who have forgote it and send them to Apocrypha to finde it And this should keep them within the boundaries of God's Law But as the fear of punishment from Man will restraine some from stealing whom the fear of God would little overawe So it may be the feare of punishment from Men would have no small influence to make some Kings walk by a rule And Subâ—rdiâ—aâ—a non pugnant He would do well to minde them of both and it is like he would finde that more effectual to suppresse Tyranny then to tell them that their sacred persones are inviolable as to Men but yet they would do well to read the 6 chapter of Wisdome He cometh Pag. 77. to speak particularly to what Naphtaly said and alledgeth that It is most falsly and wickedly said that God's providence or God's Word approves the
the civil Magistrates Sure when he said and elswhere proved that the Estates of the Realme were above the King he fully agreed with these authors touching the meaning of that place so that that Surveyer might have spared his paines in reciteing their words for he sayes nothing against what either Pareus Pet. Martyr Musculus Bezelius Diodate or the Chaldee Paraphrase say Let us hear how he applyeth this to the purpose But sayes he if the persons invested with Supreme power of the sword abuseing their power become guilty of shedding innocent hlood who in that society where of they are heads shall judge or punish them who is superiour over the supreme to punish him It is inexplicable how any in whom the Soveraigne Majesty Magistratical power resides should according to order be punished by subjects Answ This is the knot of all but it is nothing else than what we have heard againe and againe and hath been spoken to already But yet because it is to him inexplicable and a Gordian Knot let us see if we can loose it without Alexander's sword He will grant or if he will not but retract what he hath elswhere granted speaking of a legal resistence all the lawyers in Scotland will grant it that if any in the King's name shall seek to dispossesse a Man of his inheritance the man may defend his right by law and the King by his advocate must pleade his cause before the ordinary judges and these ordinary judges must judge righteous judgment according to law and give out a decreet in favours of the subject against the King and so condemne the King of injury and oppression intended against the subject Now who but the ordinary judges in civil Matters are judge here to the Supreme yet these judges in another respect are but subjects doth he not now see how such as are meer subjects in one respect may judge and punish him who is invested with Soveraigne Majesty and Magistratical power and so in another respect are above him And what if I say that as in civil Matters the ordinary judges may judge the King so the justice general or his deputy constitute ordinare judges in criminals or capitals may iudge him when he committeth a capital crime let him or any Man else shew me a reason why the one should be and the other may not be in poynt of conscience But if we speak of a Parliament the Representatives of the People the case is so cleare that there is no difficulty for that is a judge alwayes above him and so even according to his limitations if the King shed innocent blood by them may his blood be shed Then Pag. 81. he sayes When the Apostle Rom. 13. sayes let every soul be subject to Superiour powers that every soul doth not comprehend the supreme power it self for how can the Man invested with it be subject to a superiour power but it is meant that every soul under the superiour power or supreme should be subject to it Answ Yet againe the same thing which we heard before Is he not able to understand this how one who is supreme in one respect may be inferiour in another respect The father hath a Supreme paternal power over the Son yet the sone being a judge or Prince may be over him as David was over Iesse and Saul over Kish But sayes he Let men as they will indulge themselves in their seditious Notions they must at last sist in some supreame power on Earth which is not judge able or punishable by any Answ Be it so what hath he gained for the King his Master Must either he be the supreme power on earth which is not judgeable or punishable by any or must there be none His adversaries will soon deny the consequence And he let him indulge himself in his Tyrannical Notions as much as he will shall never be able to confirme it How then shall he defend the sacred person and life of the King What sayeth he further If soveraigne Majesty be placed in Parliament or People who may be guilty of shedding innocent blood as well as the King who shall shed their blood when they transgresse Shall this be reserved to the sounder and smaller part of the People as this Man speaks Pag. 240. then there is ground enough laid for Eternal confusion Answ The Surveyer either subtilly or ignorantly confounds things here which should be considered distinctly and leadeth his unwarry reader off the way Wherefore we would have the Reader though all this is nothing to the purpose in hand to prove the King uncontrollable or unpunishable and unjudgeable for any of his acts take notice of these few things which will help to cleare the matter 1. That there is a not-judgeablenesse to speakso and not-punisheablenesse de facto which may be said of some notorious rebels and out-Lawes whom neither Law nor power of authority can cöerce and there is a non-punishablenesse and non-judgeablenesse de â—ure when one is exeemed from Law-judgment and Law-sentence so that he is above all tryal and sentence of Magistrates Cases may fall out wherein such as are punishable judgeable de Iure according to an ordinary way laid downe or allowed by God may notwithstanding be unpunishable and not-judgeable de facto either through corruption prevailing over all or prevalency of power in the punishable person or persons And this though in an ordinary way irremediable yet speaks not against the Ordinance and appoyntment of God and Nature 2. That there is a difference betwixt personal faults of Governours or such as are invested with authority and power as was that act of Murther and Adultery in David and publick miscarriages in poynt of governm in exerceing the power wherewith they are invested of personal faults speaketh Lex Rex in the place now under consideration and upon this have we vindicated that worthy Author from vvhat this perverter of all things hath said But here he mixeth these and confoundeth them that according to his vvay he may pervert the truth 3. There is a difference betvvixt simple acts of male-administration in lesser matters and betvvixt such acts of male-administration as pervert the ends of government 4. There is a difference betwixt palpable cleare and undenyable miscarriages and betvvixt such as are not so cleare nor unquestionable 5. There is a difference to be made betvvixt ordinary standing cases and an extraordinary emergent in an extraordinary case vvhile the disease is desperate a desperat-like and extraordinary remedy may be used without overturning the ordinary way which is to be used in ordinary cases These things will help us to nnravel his confused discourse And so we Answere 1. If Parliament-members or privat persons among the People shed innocent blood it is no difficulty to know who should judge them 2. If a Parliament as the Peoples Representatives Murder the innocent I see not why they may not be called to an account by a posterior Parliament as
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
was their want of an institution of Christ that made all with the irrefragability of reason reject them as no officers of Christ And we shall willingly conclude this with his words following Who can think that a Christian People will not readyly follow the footsteps of the flock in former generations Provideing he will suffer us to adde this In so far and so long as they walked after their master Christ and followed his institutions 6. Then Pag. 8. He sayes it is not His intention Either to provock any fearers of God who have been perhaps in an houre of tentation miscarryed to irregular courses following too readyly in the simplicity of their hearts cunning leaders who have had too much dominion over their faith these we judge worthy of greatest tendernesse in dealing with them But who are those Sure by the carriage of the present powers enraged and animated by the perfidious Prelates we heare of none who meet with any tendernesse though he judge them worthy of greatnest tendernesse And what are these irregular courses Is it an irregular course to refuse to run with this perjured Prelate his fraternity to the same excesse of apostasy and as far from their sworne allegiance to God as his debauched conscience hath carryed him What was the tentation which made them stand fast He knowes better what tentations and whether they lasted for a day or for an houre they were which drew him off sure they had none such to move them to stand fast but the fear of God which he stoke off made them mindeful of their Covenants What are these cunning leaders which he sayes had dominion over their faith They follow no leader but their Master Christ But because he hath hung his faith at the King's girdle and hath no other principles to walk by he supposes all others to be of his stamp and must needs hang on some body But he will finde them to be persons of conscience and not so ready to follow any man in the simplicity of their hearts as he suppoâ—eth Then being in a good mood he lets out a flash of hope saying Nor are we without hope that God who stills the noise of the seas c. Psal 65 ver 7. will in time allay their animosities and rebuke the stormy winde and seas of their passions that they may be still and that he will bring them to consider their wayes wherein they have exceeded and give them to know how ill and bitter a thing it is to forsake their owne mercies in the ordinances of God for the want or having of this or that forme of external government Now we see that the tender mercyes of the wicked are cruel when we see the tendency of the best of the wishes and hopes of this Man when he is in his best mood But we are confident his hopes shall perish as doth the hope of the Hypocrite because it is not bottomed on faith and he hath no ground to beleeve that such as have hitherto keept themselves pure shall at length turne in with them to the swineish pudle We beleeve That that God who stills the noise of the seas the noise of the waves and the tumult of the People shall in due time make this true of them when he shall shew himself the hearer of prayers and when he shall have purged away our transgressions and shall satisfy us with the goodnesse of his house and even of his holy temple and so prove himself to be the God of our Salvation Psal 65 ver 2 3 4 5. We hope also he shall bring us to consider these wayes wherein indeed we have exceeded and make us know hovv ill and bitter a thing it is to forsake our owne Mercyes in not adhereing to all the ordinances of God so faithfully as vve vovved in our Covenants to do even to that external forme of government vvhich Christ hath instituted and hath so signally ovvned as his ordinance by his rich blessing follovving thereupon amongst us vvhatever this indifferent-laodicean-latitudinarian think of the matter 7. To vvhom then vvould this Man reach a blovv These we aime at sayes he in this parallel with Anabaptists are the Naphtalian party i e the furious sort of these who under the conduct of this teacher and his like make sport of rebellions murthers assassinations Novv the man is in his element dipping his pen in gall and spevving out the venome of his heart against the zealous maintainers of the interests of Christ therefore his tongue is ready to utter his mischievous calumnies and his anile rhetorick flovveth over all its banks for sayes he they are a furâ—ous sort that make sport of rebellions murders assassinations vve knovv what this aimes at but he might say vvoe to ill company that they have hardned and harnessed their heart O rare thetorick as appears by their writtings and deeds that they have become stout in a dedâ—lent greedinesse O soaring elequence to commit any wickednesse which they account meet to serve their designe as if their supposed good cause could legitimate the worst course all which he must confirme with lies and say who make no reckoning as their Doctor here professeth of overturning thrones of making the land drunk with the blood of the inhabitants multiplying fatherlesse and widowes in the midst thereof and introduceing greatest confusion and calamites because forsooth they would have the order which Christ hath established in his Church introduced and Antichristian confusion with all the calamities that attend it and support it ejected and extirpated that may make all faces gather blacknesse and all to smite on the thigh crying alas for the day No he needs not feare that any face should gather blacknesse or that any should have cause to cry alas for the day but the cursed crue of apostat perjured prelats with their underlings supporters and adherents Then he proceeds like himself If so be sayes he they may upon the ruins of all erect the idol of pretended parity of Ministers which when they have set up the imperious agitators will as they have done formerly baffle if any offer be to level them to other and howsoever the weaker brethren must be Enterteaned with faire words and noddified with notional disputs anent their parity with the best that they may think themselves some what Yet how disdainfully was it and yet would be taken if these low shrubs should assay a practicall parity with the tall cedars in the governement of affaires We see at what this wormwood man aimeth It is a wonder what peace he hath now seing he looketh on himself as Lord prelate as well as the best that he is not advanced to be a member of Councel and Lord of the Session with others It seemeth he is content now to be noddified with a notional disput anent his parity seing he hath gotten the fat portion he gaped for the only desireable thing viz. his bishoprick Be like the thing that moveth his splene now
to asperse then credit the constant integrity of whose conversation will easily stop his foule lying mouth in the Consciences of God's people who know them If these persons get no other Orator to set forth their praises then this man who is a black raven of the same nest I feare their conversation shall never stop all mens mouthes For my part I shall and I suppose that author will be content to referre the determination of this to the consciences of all God's people who know them And let such judge whether they be men of integrity or men of constant integrity we could tell storyes of some but we shall for beare it may be a volum will be made of their prophane practices when such as know them best and observe their wayes shall help us to a legend of their wayes courses And when the world seeth this It will judge of the integrity of their conversation but enough of this trash here 9. In the follovving paragraph beginning Pag. 10. he is at some demurre not knovving vvell vvhat course to take vvith that book which this true Cretian calleth a bundle of impudent lyes and falshoods grosse slanders and revileings not one of which hath he as yet discovered But where lay the difficulty Upon the one hand sayes he it was thought best to neglect the rage of this man if one that hath so much renunced humanity as he is here seen to do may be so tearmed lest by being noticed he might think himself some what A very hard censure to make a supposition if one who speaketh with so much weight of reason as transcendeth the reach of this animal may be tearmed a man If the supposer were not known to be no acute judge being animal amphibion bipes a double face'd gentle man vvho hath turned his coat his tongue too But why would he grudge poor Naphtali this Or doth he think that his taking notice of him will make him esteem the more highly of himself Not one white a stout man will never think himfelf the more valiant 〈◊〉 a foolish childe set upon him with a straw Was there no other reason Especially sayes he lest People who as they affect are ordinarily opinionated might have too much matter 〈◊〉 â—eed their humour to fournish their light discourses 〈◊〉 to ensnare their souls by representing to them the matters of this libel worthy to be buried in oblivion they being too apt whatever Salvo might be added to receive the poison without the antidote according to their prejudices This was a good consideration and if the Man had been as tender as he pretendeth to be hes hould not have digged up what deserved to be buried especially since he might have known he was not able to prepare a sufficient antidote But thought he that his silence would have hindered any to have pondered that book I beleeve indeed his silence had done more good to the King and his cause then all his hote work is like to do and he hath done more to insnare souls if it be to insnare them then Naphtaly did I do not meane by representing some other things to the consideration of people but by his adding so weak and inconsiderable a Salvo that he fixed what Naphtaly said more deeply in their hearts if judicious Readers did not account it unanswerable before they did see his weak non-answereing Reply What further It seemed also Sayes he a matter full of tediousnesse to a well composed heart to enter into a fire of endlesse strife and continual reciprocation of altercations wherein a Man is not likely to finde more truth then he hath already truth in the most important matters in the book having been of old fully vindicated by learned hands and nothing now opposed but old songs chanted over and over againe although like enough to lose much of that charity and calme and composed temper of heart which he had before Then it seemeth his heart was not a well composed heart for it did not seem tedious unto him to enter into this fire of endlesse strife and continual reciprocation of altercation and to spend so much time and paper and paines in vaine And we must pity his case now who hath lost much of that charity and calme and composed temper of heart which he had formetly Sed qui nihil habet nihil amittit a little stok is soon wasted By whom to this day was Lex Rex answered And doth not himself say that Naphtaly out stripes his Masters even as to the most important matters of the book Hovv is it then that he sayes there is nothing but old songs chanted over and over againe This Man is sui similis As yet as inconsistent with himself in his words as in his walk But seing he had the help of so many old Vindicators hovv comes it that he hath acted his part so childishly and vindicated the King's cause worse then any Man that ever put pen to paper as is shewed Why did not this pigmay set himself upon their shoulders that he might have seemed something What was there more on this hand What Man is he sayes he that knowing how much more important work he hath upon his hand for his owne salvation and honouring God in his station in the World would willingly engadge in endlesse contests with persons whose idlenesse gives them too great opportunity of evil doing and who having cast by the Lord's work in building his Church are too much set to do Satan's vvork in dissipating the same Then this Man thinketh it is inconsistent vvith one to minde the vvork of his vvne salvation and to defend the King's cause vvhich is very true Let the King and his party notice this But it is strange that seing he thought the vvork of his opposers Satan's he should not think it incumbent to a tender soul to do vvhat he can to destroy the vvorks of the Devil vve see also that the love of money is the root of all evil and hath caused him run greedily after the error of Balaam for revvard for to purchase the hire he hath cast by the important vvork of his salvation and laid aside the honouring of God in his station This is the Man 's constant integrity As for those Men whose idlenesse he talkes of if he meane Ministers he knoweth who hindereth them from doing the work of the Lord in building his Church and they will ansvvere for it and he also for his share in that and for this vvork of Satan vvhich a little money hath prompted him to and vvhen they are vvrestling and pleading for Zion and the cause of her King God vvill not account them idle nor evil doers nor setters up of Satans work What further It seemed honourable enough sayes he to decline this contention and strife which is like the letting out of watters in expectation that either Mansconscience if it be not infinitly corrupted may the confute him in most of his assertions and
they were Was there any masse monger fined to this day Yet we know that precious worthy Christians have been rigidly inhumanely handled and mulcted for hearing an honest and worthy Minister of the Gospel preaching the Gospel in a privat place Ay but now he thinks he hath exonered himself and discharged a piece of duty both for himself and all his fraternity by saying It were to be wished Rulers looked to it And is this all the remedy he prescribeth What will He do May he not dar he not grieve or vex his Elder Brethren What shall we then say of his inspection Is it lawful or is it of Gold which is wholly imployed and exercised in persecuteing of the honest seekers of God's face and countenanceth and encourageth Papists No certanely That power whose proper work is to root out piety as haveing that only in commission and which fostereth and incourageth profanity and Idolatry is a power of Satan tending to advance his work and interest in the Earth and to establish and enlarge his Kingdome What further But truely sayes he when she Spirit of such writeings as this is considered it will be found there is cause to feare unlesse the wisdome and goodnesse of Cod and the prudence of the King and Governours under him prevent it That as one way the Roman Antichrist may come in So some furious Successour of John of Leyden under pretence of a Phineas like Spirit come in another way upon our Church and Land to lay it waste and to make it a field of confusion and blood Answ Were there no Papists in Scotland or was there no appearance of the approaching of the Roman Antichrist before these books came abroad What a Spirit I pray is that which is in these books which can give any cause of feare that the Roman Antichrist may come in upon that account What tendency I pray hath any thing that is asserted in these books to the introduceing of Popery His needle head shall never be able to poynt this forth Yea let the true designe of these books be once obtained and I promise him that ere few weeks passe there shall be few or none in all Scotland who shall be so bold as to professe either Popery or Prelacy These must be strange books which open two contrary doors at once upon the one hand a door for the Roman Antichrist and upon the other hand a door for some furious Successour of Iohn of Leyden but both are alike true that is both are manifestly false Though his fear for the coming in of the Roman Antichrist be first named yet it is the least of the two with him for the thing which most affrighteth him is this last but he needeth not fear it let King and inferiour Governours joyne piety and true divine Zeal for God his glory with their prudence and set themselves to establish the covenanted Religion as it was reformed in Doctrine Worshipe Discipline Government purge out such things as offend especially that bitter root of Prelacy which we abjured and prosecute the ends of the Covenants and the vvisdome and goodness of God shall preserve both Church and State But so long as there is no repentance of the horrible Apostasy and defection vvhereof King and all ranks are guilty And particularly that Apostate pack which care neither for Church or State King or Counâ—rey but in subordination to their ovvne bellies and bese lusts is not extirpated vvithall their adherents vve have no ground to expect that God shall preserve either Church or State from destruction and ruine Because vve have forsaken the Lord God of our Fathers vve can not but fear that he shall forsake us and cast our carcases upon the carcases of our idols and his soul shall abhorre us and he shall lay our cityes waste bring our Sanctuaryes into desolation and shall not smell the Savour of our sweet odours yea and shall scatter us among the heathen and draw out a sword after us and our Land shall be desolate and our Cityes waste c. Though we had all the security imaginable that never one of the furious brood of Iohn of Leyde should arise to lay the Land waste as indeed nothing asserted in these books may put rational Men in feares thereof from that hand though his lieing mouth addeth that the seeds of future miseries being too visibly sowne by this Man and his Complices whose mouths are full of blasphemies as their hearts and â—ands are full of blood and in so saying is like the whore in the common proverbe who calleth her honest Neighbour whose first whole mouths are more full of blasphemies their or ours all may judge who either read their writeings or heare their speaches in publick or in private And whose hearts and hands are more full of blood theirs or ours dayly experience will suffer no Man of common sense who marketh both once to put it to a question At length he apologizeth for his slowensse in comeing forth with his Survey telling us That this libel and like are not more quickly followed with meet animad vertsions is not to be marvelled at by any who knowes they are like the pestilence that walks in darkensse and that hardly do they come to the hands of any but such as are willing to be deceived by them being intended for the blinding of these not for the opening of the eyes of others But truly He might have for borne to have made such an Apology For it may be some who have most imployed him and rewarded him too for his paines will think that he hath but too quickly followed with his animadversions and possibly shall wish that they had never seen the light since he hath done so little good by them to the cause which he becometh a Patrone unto both in starting needlesse and dangerous debates for the Kings Throne and Kingdomes yea for his Life in managing these debates so poorly as he hath done to speak nothing of his weake defending of the maine cause controverted which is abundantly discovered by this vindication Whereby also he hath occasioned the more accurate ripeing up of that debate touching defensive armes and laying it open and naked unto the judgment and capacity of the meanest so that the truthes which he endeavoured to shake and overturne are now more firmly then ever riveted in the hearts of all vvho search after truth Yet sure had be been able he â—ight have brought forth this brood of his braine sooner to light for he had time enough after the publick Proclamation vvas made that such a book vvas come forth by the fire prepared of purpose at the crosse of Edenbrâ—ugh to consume it into asses before which time I suppose very fevv knevv of such a thing And by this solemne fiery Proclamation the curiosity of some was kindled to enquire after the book who othewise vvould have used no great diligence to have obtained one of them yea possibly would never have learned that there was such a book in the World and so could have been in no hazard to have been infected thereby And before this time that they met vvith this solemne recaption there vvas not as is sufficiently knovvn many of them abroad for it came but too soon into the hands of such as put that honour on it which vvas expected and thereby helped forvvard the Authors designe Is it any wonder that such pieces must keep themselves as long as they can out of such fiery hands Seing the first salutation they meet vvith is a brief sentence of condemnation by the Council and a 〈…〉 or execution rather by the hand of the Hangman in the â—â—repared of purpose for that solemne Disput Let him if he â—ar or can procure a free imprimatur for such necessary and useful books and liberty for stationers to expose them to open sale and then it will be seen whether they or his shall hide themselves longest in the corner of shopes and be at lengh laid aside for other uses then at first they were intended for He sayes they were intended for the blinding of these into whose hands they come not for the opening of the eyes of others But he speaks like himself They were really intended for the opening of the eyes of all who would but read and seriously consider what is said and would not willingly shote out their owne eyes And as for his Pamphlet I verily beleeve what ever was his intention it shall deceive none but such as are already deceived or very willing to be deceived shall open the eyes of none unlesse per accidens by making them to apprehend more clearly then formerly they would truth upon the other side by discovering the childish frivolous and weak evasions and exceptions which he is necessitated to make use of In the last Page He giveth us a short hint of what he mindeth to do in the following part of this his elaborate work where we are like to finde him as impudent and shamelesse a Patron of perjury as here we have found him a pleader for Tyranny But we shall forbeare to say more at this time till God offer an opportunity of considering and answering what he shall say further upon these heads and digressions The Lord establish truth in the Earth visite his owne inheritance and send a plentiful raine to confirme the same when it is weary for his owne names sake AMEN FINIS