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A89562 A copy of a letter written by Mr. Stephen Marshall to a friend of his in the city, for the necessary vindication of himself and his ministry, against that altogether groundlesse, most unjust, and ungodly aspersion cast upon him by certaine malignants in the city, and lately printed at Oxford, in their Mendacium Aulicum, otherwise called Mercurius Aulicus, and sent abroad into other nations to his perpetuall infamy. In which letter the accusation is fully answered. And together with that, the lawfulnesse of the Parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of Scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie.; Plea for defensive arms. Marshall, Stephen, 1594?-1655. 1643 (1643) Wing M750; Thomason E102_10; ESTC R21572 25,726 33

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by their ayds of men and money their distressed and oppressed Brethren and Neighbours in the like case and now in our own sight both the King and States have acquitted the Scots as having done nothing in their late defence but what became good Subjects And what the judgement of this Nation was in the time of Popery is plain enough by their practice in their usuall taking of Armes and not leaving till they had compelled their Princes to ratifie their Priviledges and Charters which through ill Counsellors they had infringed And observeable it is that because the Bishops and Clergie of those times saw the Princes go about to take down their pride they were ever the most forward to justifie the proceeding of the State and I suspect in case the Tables were turned and we had a King endeavouring to take downe the Bishops to take away Pluralities Non-Residents c. and a Parliament seeking to maintain them the world would hear another Divinity from many of them who now crie out that all our defence is damnable But lest I might be thought not to have weighed the Scripture and reasons of both sides equally I will give you a further account what my thoughts were and are concerning the Scriptures usually pleaded against this resistance and the reasons deduced from them The strongest hold they pretend to is built upon Romans 13. 1. c. 1 Peter 2. 13 14. where we are enjoyned subjection to the Higher Powers especially to the King as Supreme and all know that Nero the then supreme Governour was no better then a Tyrant Answ. First it is observable that this objection and almost all the rest taken out of the Scripture make the case of all Subjects in all Kingdoms to be alike that although as I touched before there are hardly two Kingdoms in the world but do differ in Laws Customs and Constitutions bounding the Kings authority and the Subjects obedience yet if any of these would change the the bounds of his authority for instance If the King of Denmarke or Sweden or Polonia would invade the liberty of his Subjects and make himselfe as absolute not onely as the King of England but as the King of France or Spaine or the Great Turk this argument tyes all their Subjects from resisting let any man shew an outgate for the Subjects of the one which will not let out others and for my part I will yeeld the cause If they say these Kings tooke their Crowns upon those termes and the Subjects indented to have libertie of resistance in such cases then they grant that where the Laws of the Kingdom allow a liberty of resistance resistance may be used notwithstanding these texts which is as much as we plead for If any people have covenanted in no case to resist let them seek another answer in the mean time these Texts tie not those from resisting by their own answer who have not tyed themselves Secondly I appeal to their own judgements whether these Texts forbid all forcible resistance Suppose a Prince in his rage should go about to kill himselfe or runne some innocent man thorow with his sword might no man take the sword out of his hand and if it be lawfull for a private man to dis-arme him of the weapons wherewith he would kill one may not the State take such weapons out of his or the hands of his Instruments wherewith they goe about to destroy all Thirdly both Texts lay the same charge for subjection to inferiour Magistrates who likewise have their authoritie from God though under the Superiour As our Saviour said to Pilate who was but a Deputy thou couldst have no {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} no power at all against me if it were not given thee from above And may no resistance be made against the unjust violence of inferiour Officers if there may it is sufficient sure I am the Texts have not one word to allow the one and prohibite the other Fourthly what one syllable in either of these Texts so much as looks towards the forbidding of a people to resist Tyrannie but onely that we resist not the Magistrates in the rightfull exercise of their authority given them by God the Texts speak not of their persons but of their power not of their dictates but of their legall commands no more of Kings than of an higher Power in an Aristocracie or Democracie binding all persons to subject themselves to that Power and Authoritie which in the severall places where they live is the Highest or Supreme power Object But Nero was a Tyrant Answ. Not in his five first years nor secondly was he a Tyrant in all things he had authoritie to rule according to Law that was not his Tyrannie his Tyrannie was what he usurped contrary to the Law nor thirdly were all his under-Officers Tyrants many of them could say with Festus Acts 25. It is not the manner of the Romanes to deliver any man to die before that he which is accused have the accusers face to face and have leave to answer for himselfe and would accordingly dismisse them if they had done nothing worthy of death or of bonds Object 2. But doth not the thirteenth Chapter of the Romans plainely binde mens hands from resisting the Supreme Power Answ. By the Supreme power must be meant that power which by the originall and fundamentall Constitution of any People and Nation hath authoritie to make Lawes which shall binde the whole Nation to dispose of the estates and lives of any person or persons for the good of the Nation to judge every person and persons in the Nation determinatively and conclusively so as from that judgement there is no appealing that power it self being subject to the judgement and authoritie of none but God and Aristotle makes three distinct Branches of this power 1. The power of making and repealing Lawes a Legislative power 2. The power of making Warre and Peace of imposing Customes and Tributes 3. The power of judging Causes and Crimes ultimately and decisively where these three meet and make their residence whether in one person as in absolute Monarchs or in many as in mixed Monarchies or Aristocracies or in the body of the people as in the ancient Roman Government there is the highest power which every soule is forbidden to resist But now what ever be the higher power in England most certain it is that the Kings absolute or illegall will is not the highest power that hath neither power to make Laws nor repeale Laws that hath not power to acquit or condemne nor may men appeal from the Kings lawfull judgement Seate to the Kings absolute will but his legall will in the highest Court or the King and Parliament may make Lawes or repeal Lawes may engage the whole Nation in a Warre and command both the Bodies and Purses of men unto the service is the highest Court of Iudicature to which all may appeal and
from which none may appeal and consequently against which there is no resistance So that if men would read this Text of the thirteenth to the Romans in plaine English it amounts directly to thus much Let everie soul in England be subject to King and Parliament for they are the higher powers ordained unto you of God whosoever therefore resisteth King and Parliament resisteth the Ordinance of God and they that resist shall receive to themselves damnation I would desire no other Text but this to confound the great Chaplains and Champions of the Antiparliamentary cause or to strike terrour into their Loynes if their long conversing with God-dammee's hath not drawn such a Kawl over their hearts that to them damnation is ridiculous Object 3. But doth not Saint Peter say expresly the King is Supreme 1 Pet. 2. 12. Answ 1. It may as well be translated Superiour as Supreme the same word in the 13 of the Romans is translated Superiour higher not highest 2. It is plain the Apostle is not there constituting Governments but giving direction to people to obey the Government they lived under and the Text hath as much strength to enforce subjection to Aristocracie as to Monarchy If the people of Pontus Asia Cappadocia Bithynia were under an absolute Monarchy as sometimes they were being petty Kingdoms crumbled out of the great Monarchy of Alexander and it may be did retain yet the same forme of Government if not of their own yet as lately received from the Romans all that can be enforced from thence is That the Apostle names the Kings of those particular Countries to be such as they were and commands subjection to them but no wayes tyes other Kingdoms to be like unto them Object 4. But we in England by our oaths do acknowledge the King to be Supreme Answ 1. We willingly grant Him to be Supreme to judge all persons in all causes according to His Laws and the established Orders of the Kingdom but not at or by His absolute will or pleasure 2. Whoever considers the title scope and words both of the Oath and the Act of Parliament that enjoynes it will easily see that both the Act and Oath were intended in opposition to that Supremacie which the Pope sometimes challenged and usurped in this Kingdom of England and no more And this to be the true intent and meaning of it appears more fully by that explication or limitation of the Oath made the next Parliament 5. Eliz. Wherein it is declared That that Oath made 1. Eliz. shall be taken and expounded in such form as it is set forth in an admonition added to the Queens Injunctions published Anno 1. of Her Raign viz. To confesse or acknowledge in Her Her Heirs and Successors no other Authority then that which was challenged and lately used by King Henry the eighth and Edward the sixth And by this time you may see how little offensive these two so much boasted Texts are to our defensive Arms Other places of Scriptures the adversaries seem not much to confide in therefore I will passe them over the more briefly yet let us a little consider of them Matth. 26. 52. They that take the sword shall perish with the sword Where Christ seems to rebuke Peter for using defensive Arms against the Officers that came with a pretext of authority to apprehend Christ Answ 1. This is not a reproof of the sword taken for just defence but of the sword taken for unjust oppression and a comfort to those that ●…re oppressed by it for Origen Theophylact Titus Euthimius interp●●● the meaning to be That Christ doth not rebuke Peter for using defensive Arms but to let Peter know that he need not snatch Gods Work out of his hand for God would in due time punish those with the sword that came thus with the sword against him and that these words are a Prophesie of the punishment which the Roman sword should enact of the bloudy Jewish Nation according with the like expression Revel. 13. 10. He that kills with the sword must be killed with the sword here is the patience and faith of the Saints that is This may comfort the Saints in their persecutions that God will take vengeance for them But Secondly Suppose it was a reproof of Peters using the sword then the plain meaning is to condemn Peters rashnesse who drew his sword and never staid to know his Masters minde whether he should strike or not and so reproves those who rashly unlawfully or doubtingly use the sword Adde this That now was the hour come of Christs suffering and not of his Apostles fighting wherein Christ would not be rescued no not by twelve Legions of Angels much lesse then by the sword of man Therefore he saith to Peter put up thy sword c. But intended not that it should alwayes be unlawfull for his people to use the sword in their just defence against unjust violence for then he would never have commanded them but a little before that he that hath two Coats let him sell one and buy a sword Eccles. 8. 2. c. I counsell thee to keep the Kings Commandment c. He doth whatever he pleaseth c. Where the word of a King is there is power and who may say to him what dost thou Answ 1. No man can understand it literally in all things as if every Commandment of the King must be kept as if no actions of the King might be scanned nor reproved by any man as the Canonists say of the Pope That if he lead thousands to hell none may say why dost thou so Surely if Saul command to murder the Lords Priests that commandment need not be kept If David lie with his neighbors wife Nathan may say why dost thou so If Ahab murder Naboth and swallow his Inheritance worship Baal persecute and kill the Prophets of the Lord Elijah may reprove him notwithstanding this Text Who can say unto him what dost thou Secondly The Text plainly enough interprets it self Keep the Kings Commandment according to the Oath of God stand not in an evill thing against him he hath power to do what ever he will Siscelus patraveris effugere non poteris If you commit evill you cannot escape punishment where the word of a King is there is power viz. To punish them that do evill and none to call him to account for doing it and who can say unto him what dost thou Another Text is Prov. 8. 15. By me Kings raign c. Whence they plead That because Kings and Princes receive their authority only from God and the people at the utmost only designe the Person but give him none of his power therefore they may in no case take away his power from him Answ 1. It saith no more of Kings then of Nobles Senators and all other Judges of the earth for it follows By me Princes rule and Nobles even all the
for love or money whereas when the Scots were proclaimed Rebels and Traytors it must speedily be published in all the Churches of England I must acknowledge this made me to think that the Parliament had just cause to be jealous of great danger But when His Majesty returned from Scotland discharged the guard which the Parliament had set for their owne safety an other denied except under the charge of the Queenes Chamber-lain and His Majesty himselfe entertained divers Captaines as a supernumerary guard at Whitehall went to the House of Commons after that manner to demand the five members to be delivered unto Him The Earle of Newcastle now Generall of the Armie of Papists in the North sent to Hull attempting to seize it and the Magazine there His Majesty according to the Lord Digbies Letters retiring from the Parliament to a place of strength and the Queene going beyond Sea to rayse a party there I must have shut my eyes if I had not seene danger and thousands of thousands would have thought he Parliament altogether sencelesse if they had not importuned His Majesty as they did to settle the Militia all former settlings of it by Commissions of Lievtenancy being confessedly voyd His Majesty refusing this in that manner as they thought necessary for security they Voted the putting of it into the hands of persons whom they thought the State might confide in though alas many of them since have discovered to us how vaine is our hope in man And secured the Town of Hull and the Magazine there soone after this His Majesty in the North seised New-Castle and under the name of a guard begun to raise an Army all this was done before the Parliament Voted that His Majesty seduced by wicked councell c. And when His Majesties Army was more encreased hee then declared that hee was resolved by strength to recover Hull and the magazine and to suppresse the Militia After this indeed the Parliament began to make vigorous preparations by their propositions for Plate Money Horse c. This being the true progresse and state of the busines I saw cleerly all along the Kingdome and Parliament were in danger that it was therefore necessary to have the Militia and Navy in safe hands which His Majesty also acknowledged That he refused to settle it for a time in the way they conceived necessary and that by the judgement of both Houses when they were full they had power by the fundamentall Lawes of the Kingdome to settle it especially for a time upon His Majesties refusall That His Majesty raysed force and declared it was to suppresse the Militia and recover Hull and the magazine is as cleare and made pregnant preparations both at home and beyond the Seas And the civill Lawyers say that pregnant preparations are the beginning of a War The onely Question remaining was whether the Parliament did justly in ordering the Militia and securing the Magazine and Navy in a confessed time of danger upon such His Majesties refusall What the Kings power and prerogative and what the Parliaments power was for securing the Militia in time of danger according to the Lawes of England was out of my profession and in great part above my skill But certainly unlesse I was bound rather to believe the Votes of the Papists and other Delinquents about his Majesty who hitherto had prevailed to bring upon us all the miseries that wee have laine under then the Votes and Judgements of the highest Court of Judicature in England which so far as I have heard was never by Common Law or Statute Law presumed to be guilty of or charged with the overthrow of the Kings prerogative or the Lawes and Liberties of the Subjects untill now and who have given us so much evidence of their wisdome watchfulnesse and faithfulnesse I was bound to be concluded under their Testimony and so consequently that His Majesty was seduced c. And surely if men who serve upon Justice betweene Prince and People party and party in matters of life or State may rest in the resolution of the learned Iudges that this or that is Law when themselves know it not well might I rest in the judgement and resolution of that Court which is the Iudge of all the Iudicatures in the Land And in case I were unsatisfied to whom should I appeale in whose judgement I might more safely rest especially when I saw their Vote agreeable to that which is the supreame Law of all Nations namely that Publique safety is the highest and deepest Law and that it is requisite that every State have a power in time of danger to preserve it selfe from ruine and no Law of England more known then that the Parliament is the highest Court from whence there is no appeale This satisfaction I had then and since by the Declarations and Remonstrances of the Parliament concerning these Military matters and by other Bookes lately published it is most apparent that they have not usurped upon His Majesties Prerogative but what they have done is agreeable to the practise of former Parliaments In putting the Militia Forts and Navy into safe hands in these times of danger And that it was therefore lawfull for them yea necessary to take up these defensive Armes and consequently to call in for supply from all such who should share with them in the benefit of preservation and to disable such from hurting them who were contrary minded I spend no time to answer the Objections that some make that His Majesty could not tarry at LONDON with safety of His Person that the Lords and Commons that are with Him were driven away by popular Tumults and could not enjoy freedome of their Votes c. Because I thinke these things are now believed by none but such as would believe no good of the Parliament though one should rise from the dead againe Thus Sir you have a just account of the grounds that first induced mee to owne this Cause you desire to know whether I see not yet reason to repent of what I have done I confesse I never undertooke any thing but I saw cause to repent of my miscariage through the corruption which cleaves to mee and great cause I have to bewaile my many failings in this great Worke but for the Worke it selfe I as solemnely professe I never saw cause to repent of my appearing in it the Cause is a right Cause the Cause of God my call to it a cleare call and though the Worke prove harder and longer then at first it was thought yet the Cause is farre clearer then at the first The Worke indeed is harder then I expected for whoever could have believed he should have seen in England so many Lords and Commons even after their solemne Protestation to defend the Priviledge of Parliament And their own Vote that His Majesty seduced by wicked councell intended War against the Parliament so shamefully to betray the trust committed to them so many of the Protestant