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
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
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
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
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
of the Kingdome and this book vvas carefully laid up before the Lord sayeth he 1. for the sure preservation of it 2. to signify that even these civil lavves vvere the ordinance of God vvhich men vvere bound to obey not only for wrath but also for conscience sake Rom. 13. ver 2 5. 3. To intimate that God vvould take care of these lavves to uphold and maintaine them and to punish these that should vilify and break them Cornel. à Lap. and Lyra say the same upon the matter Deodat tells us that it was the fundamental lawes of the Kingdome inspired by God to temper Monarchy with a liberty befitting God's People equity toward a nation to withstand the abuse of an absolute power But this Surv. sayeth that all this is but a guesse without ground But what are his reasons Had there sayes he been any such special fundamental lawes the Ten Tribes had a faire ground of pleading upon the same before their revolt but no such thing is heard of and it is as easy to deny it as it is to affirme that there was any such fundamental law Answ Whether the Ten Tribes did plead this in terminis or not is not it is true asserted or heard of but it is undenyable that they did plead it upon the matter when they required nothing but what was consonant unto the law Deut. 17. and because it was refused they thought themselves free to make choise of another King 2. What more force hath his denyall then ours we bring approved authors for what we say and he satisfyeth himself with his owne word and thinks that that is sufficient to confute all commentators even such as himself a little thereafter citeth and approveth in other things viz Deodat What sayes he more The People claimed no vote in such fundamental lawes and it was their interest to be consulted with in the matter Answ The People were so bent to have a King upon any tearmes that they consulted little their owne welfare and faifty But Samuel was more tender of them and they might have concredited that matter unto him being a Man of approven integrity and known to be one that sought their good and had no good will to set a King over them But sayes he had they thought of any such Covenants or lawes fundamental wherein liberty might be left them to resist their Kings or take order with them how easily could they have shewed the weaknesse of Samuel's disswasion and said if the King be evil we will resist him Answ This was done after the matter was past remedy and a King they vvould have and a King God would give them in his wrath 2. We finde chap. 14. that they did resist him when he was going to shed innocent blood whether according to these fundamental lavves or not is not much matter 6. Though all which he desireth here should be granted to him he would not gaine his poynt unlesse he should prove that this was a standing precedent to all nations in all time coming Which ere he do he must consider and confute what worthy and renowned D. Voetius hath said to the contrary in his book before cited disp de Iure Regio Hebraeorum § 1. What he sayeth Pag. 68. shall be considered in the next chapter and what he sayeth Pag. 69. 70. 71. is already answered for this windy man would seem to be voluminous by filling many pages with the same things repeated over and over againe that if he cannot say much for his hire he may seem to be at some paines to say many words and waste much paper And therefore we proceed to take notice of some other objections CAP. XVI Three Principall Objections Answered THere are three grand objections which the Surveyer here and there throw his pamphlet maketh use of and which seem to militate against some of our forementioned arguments as 1. That there were not in the case now under debate inferiour Magistrates a Parliament or the primores Regni or the Epiori and States of the Realme concurring in that defence and whatever may be said in the defence of a warre carryed on by these against the illegal violences and extreame oppressions of a prince will not warrand the insurrection of meer privat persons 2. That in the case now controvetted it was not the Body of the land or the whole Community that made this opposition to Magistrates Superiour and inferiour But only a small inconsiderable company in respect of the whole land and so though it should be lawful for the whole body of a land to joyne together to defend themselves against the tyranny and oppression of a Prince without the conduct and concurrence of inferiour Magistrates yet it will not hence follow That it is lawful for any part thereof to use such resistence 3. That the party which lately made opposition had no sufficient ground to take armes suppose it had been lawful in its owne nature there being no such provocking cause or occasion given by the Prince And though it should not be thought very necessary to insist on these now seing this last was spoken to in the clearing of the question and the first was touched also formerly cap. 2. And all our arguments conclude for a People without their primores or Parliaments and So do many both of our arguments and instances adduced speake clearly undenyably unto the case of a considerable part though not the whole of the community defending themselves against manifest and unjust violence yet that the matter in hand may be fully cleared we shall speak alittle further to these three objections here As to the first though the surveyer be in malâ fide to make use of it unlesse relinquishing all his brethren the Royalists he grant it lawful for people with a Parliament to resist which neither will he nor dar he do And therefore we shall speak to this objection rather for the satisfaction of others We desire these things may be considered 1. That as necessity did put people at first upon the constitution election of a Parliament to manage their affaires which they could not so conveniently do themselves without confusion discords and other inconveniences which would neccessarily attend a communities meeting together for carrying of these matters So it was the certane expectation of their profite and advantage that did prompt them unto the setling of this frame and constitution 2. Whatsoever power these Commissionated according to that frame and model condescended upon had or have is not in and from themselves but from the People no lesse then the Prince hath his power from the People as was shewed above For no man can imagine any difference as to the subordinate and instrumental rise of the power of the Prince and of the Ephors So that as his power is from the People under God so is the power which they have These publick Ministers of the Kingdome sayeth Althus Pol. c. 18. n. 3. are chosen by
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
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
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
Survey of that book entituled Naphtali and of several doctrines in Lex Rex and the Apolog which had been at rest for some considerable time especially Lex Rex after they had been burnt into ashes as being judged no otherwayes answerable but by a fiery faggot till this Man began to rake in the ashes of these dead Martyres and finde some bones of doctrines yet unburnt which he thinketh now to honour with a more solemne burial But with what evidence and demonstration of truth he hath managed the questions handled in this first part thou mayest judge by what is here replyed in vindication of that solemne truth which he endeavoureth according to his poor strength to dethrone and tread under foot Though we have not followed the Surveyers Methode disireing to be as succinct as might be and to cleare that maine question controverted touching the lawfulnesse of privat persons defending themselves and their Covenanted Religion from the manifest violence tyranny and intolerable oppression of the Soveraigne and inferiour Magistrats to the edification of all yet we have not dealt with him as he hath done even with Naphtali the book which mainly he setteth himself against For he is so far from answereing that book of which he offereth a survey that the most part of the grounds and arguments made use of there to prove the thing intended are not so much as touched by him in all this voluminous pamphlet But we have fully examined and answered all which he hath asserted leaving not one material sentence which was to the purpose in his whole book untouched The judicious Reader will finde this true upon search And no man will think we were called to answere the same thing oftener then once though he was pleased to fill up many pages with meer repetitions The methode we have followed all who know what it is to cleare controversies vvill acknowledge to be the most solide satisfying succinct and perspicuous and such against which no man can justly except We suppose also That we have been as plaine and cleare as the nature of this controversy vvould suffer us and some possibly vvill think VVe have been too too plaine but they knovv vvhom to blame for giving us this occasion for vve made it our designe to bring this question vvhich did concerne common people no lesse then the learned seing it was a matter of life and death unto them no less then unto others home so far as was possible to the capacity of the meanest that they might know and be distinct in the knowledge and perswaded of the lawfulnesse of the grounds of their acting in such a vindication of their Religion and libertyes The truth we have confirmed by many arguments reduceing them to their several heads the better to cleare and confirme the matter and to settle the judgments of all in the apprehension of the Truth and all of them we have so framed that every one of the lowest reach may see how they plainely and peremptorily force home the poynt cotroverted with a demonstrative perspicuity and irrefragable strength So that whosoever shall undertake to draw this saw againe must not think to leave any one of all the arguments which are here adduced if he reckon aright he will finde moe then a hundereth which I shall make good if put to it un-examined for if any one hold And I am not afrayed that many of them shall be found feeble the cause vvhich vve contend for is uncontrovertably yeelded seing one reason which is unanswerable is enough to captivate the judgment unto an assent unto the truth one argument deserted of the adversary declareth his cause desperate We have also dealt faithfully and ingenuously touching on every thing vvhich vvas offered to us and vvich vve thought might conduce unto the clearing of this contraversy because we finde some thing belonging unto this question said by the author of the Second part of the Survey vvhich is now come to hand in the last chapter Pag. 263. c We shall a little touch upon that here reserving the examination of the rest of this 2. Part until a fitter opportunity when if the Lord will we shall discover the weaknesse of all his reasonings and vindicate the truths vvhich he setteth himself against vvith as much clearnesse and succinctnesse as may be He cometh in the place now named to consider the defence made by the impanelled unto what was objected or what further defence Naphtali whom after the old manner he stileth the Lybeller makes for them And 1. He tells us They were posed where they had learned that under pretence of Religion it is lawful for Subjests to rise in Rebellion against lawful authority And then addeth That to this Queree this advocate declines to give a direct answere where such a thing is read or could be instructed Answ Who doth not see That this was a Queree utterly unbecomeing such as pretended to occupy the places of lawfull judges in such matters to propose to persones Empanelled upon their life it being nothing but a meer caption like unto that which is called Multiplex interrogation unto which both the impanelled and this Advocat as he calleth him might lawfully have declined to give a direct answere Because it supposed 1. That their riseing was against lawful authority Whereas it was rather a riseing for lawful authority while against persons abuseing their authority and not walking in the right line of subordination unto the Supream Magistrate and Governour of Heaven and Earth but rebelling against him in makeing lawes contrary to his lawes and executing them contrary to his will and command 2. That their riseing was in rebellion while as it was rather in loyalty to God and the Countrey against such as had erected a Standart of rebellion against the High and mighty Prince Jesus Christ our Lord and Supream Governour and were destroying his interests And in loyalty to that Supreme law The saifty of the People defending themselves against manifest and intolerable tyranny 3. That it was in pretence of Religion when as it was really and unquestionably for the re-establishing of our religion reformed in doctrine worshipe discipline government confirmed ratifyed and approved by Solemne Covenants Subscriptions vowes oathes engadgments declarations professions publick actings acts and Statutes of King Nobles persons of all ranks Parliaments and judicatories Higher Lovver Whereas the true Queree was this Where they had learned to rise in their owne defence and in the defence and maintainance of the true reformed Religion against Such in power who were tyrannically oppressing them and destroying the Established Religion contrare to Vowes Covenants Promises Compacts Declarations Protestations Solomne Engagements Subscriptions c. And if the Queree had been thus proposed it might have received a direct answere To wit That they had learned this from the law of God the lavv of Nature the civil lavv the lavv of Nations Sound reason and the practices of Christians both under the
These things as to matter of fact cannot be denyed Fourthly Whatever was done of late by King or Parliament or enacted and concluded contrary to these covenants vowes and engagements was as unlawful so a real and formal subversion of the fundamental constitution of our Christian and reformed Kingdome This none will deny who knoweth the true nature of these covenants and the real interest they had and yet have de jure in our constitution before this late revolution as was now expressed Fiftly Notwithstanding of all that hath been done by King and Parliament of late in rescinding abjuring and looseing of the obligation of these National bonds and divine covenants yet they remaine Covenants and National tyes perpetually obligeing before God the King Nobles People of all ranks and will do so long as Scotland is Scotland This is abundantly made out by the Apologist and is a fixed and everlastingly confirmed truth in the hearts of all who fear God and looke for his appearing as a swift witness against all such as sweare falsly Sixtly That nothing was allaiged or allaigeable against those persones in Galloway and places adjacent as ground or cause or occasion of all that extremitie and rigour of iniquity that was exercised against them but their simple non-obedience to the act enjoyning conformitie and obedience to the Ecclesiastical authoritie then established which was diametrically opposite unto their vow and promise in their solemne and National covenants So that really upon the matter their suffering was meerly because of their conscience making and faithful endeavouring to adhere through the grace of their God unto their covenants and engagements solemnely sworne and taken Seventhly It will be easily granted by all rational persons That in all Kingdomes and Commonwealths a free people not redacted unto a state of base bondage and slavery should be ruled and governed civilly according to the civil and municipal lawes of the land and not by military force and cruelty Tyrants use to lay aside the wholesome and established lawes of the land and to rule in an arbitrary manner by the cruel and mercylesse sword because they neither intend nor seek the good of their subjects But only their owne ambition and base ends But Magistrats who ought to seek the good of the common-wealth and preferre it to their owne particular ends will have respect to the lawes and accordingly rule their subjects and not by an aribitrary cruelty and force of armes which are used against enemies Eightly The very law enjoyning this conformity prescribeth the way how the same shall be put to due execution viz. That for this end the Council shall call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by himso attested shall be given up to the Council as transgressours of this act and the same after hearing of partyes being duely found to decerne inflict the censures and penalties And although the very law itself be so iniquous and intolerable as would undoubtedly bring sudden ruine to all such as would not obey the same and that in a very short time yet if this legal manner of procedour had been followed the execution though cruel and sufficiently barbarous the penalty having no suteable correspondence with nor proportion unto the supposed transgression for can any think that a persons absenting himself twice or thrice from his owne parish Church can be a transgression of such a high nature as no penalty lesse then the fourth pairt of his Estate can compensate had not seemed so arbitrary or tyrannical but when such a grievous law is more grievously executed and that arbitrarily and illegally is not this a very intolerable oppression Ninthly It is notourly knowne and unquestionably clear and alas too too wel demonstrated by black Tragical and inde lible characters of ruine extirpation and beggery of many honest families yea and of landed and sufficiently provided Gentlemen and others so that none will or can if he hath not resolved to beleeve neither what he seeth nor what he heareth deny it That Sr Iames Turner and his souldiers under pretence of executeing this law used such inhumane crueltyes savage barbarities unparallelable exorbitancies by illegal amercements fineings quarterings plunderings beatings dragging to prisones wounding binding men like beasts chaseing them to moors and mountaines laying waste their lands houses and habitations devouring what they could with horse dogs men burning plenishing utensils and other necessaries in houses and thus laying whole parishes and almost countreysides waste and desolate and that without respect had to conscience humane let be Christian to law divine civil or municipal grievous or not grievous yea without respect had to persones guilty or not guilty for when they had consumed the Landlord they oppressed the Tennants though not guilty when they had ruined the Tnenants fel upon the Landlord though a conformist avowing and professing they came to destroy and they would destroy nor having any respect to poor or rich widowes or marryed persons old or young yea or to such as stouped for-age to sick or bedrid creples or to one or other yea and did sesse and quarter till persons were forced to pay such summes as the civil judges before whom the cause was depending had not determined to be justly addebted by them All which is fully and particularly laid open by Naphtaly and will appeare to all who have not renunced humanity to be more then lesser injuries as the Surveyer pag. 70 is pleased to account them and to be most unjust though he make a question thereof yea and such grievous and intolerable oppressions the hundereth part whereof as Naphtaly said well would make him and his complices curse both God and their King Tenthly To all these forementioned cruelties and barbarities He added this that he would suffer no man to complaine to him of any wrong they had suffered by the brutish and barbarous souldiery nay nor supplicate for relief and if they did their cause was helped by doubling their miseries yea and which might exceed all beleef if its notoriety were not undenyable forced them after all these horrid dreadful inhumane and brutish outrages and oppressions to subscribe an acknowledgment That he had used them civilly and discretly and there by necessitated them to deny what was as not oure as the sun at noonday and their very common sense and feelings and also to prejudge themselves of all hope or possibility of getting redresse by law Eleventhly Though this forementioned acknowledgement had neither been asked nor granted yet their condition was irremediable for neither they nor any in the land might Supplicat King or Councel either for relaxation of the rigorousnesse of the lawes or for a more civil moderate yea or for a strick and legal execution of the iniquous and grievous lawes made under the paine of treason and lese Majesty Though it vvas an old received maxime and is to this day vvhere tyranny is
and indispersible subjection will far more rationally and plausibly inferre an illimited and absolute obedience Can he with any colour of sense or reason inferre that he maintaineth that passive subjection to unjust lawes and punishments where there is power to make active violent resistence is a greater sin then active obedience to unlawful commands of Magistrats Is this a faire way of disputing to say that one maketh that the state of the question which he draweth from the assertion of his adverry Naphtaly allaigeth that absolute subjection is as repugnant to reason as absolute obedience doth he therefore make this the state of the question or give ground for it That absolute subjection is more sinful then absolute obedience Againe what can he draw out of these words of Naphtaly Pag. 157. Secondly it is answered That riseing up against authority itself the ordinance of God and disobeying the powers therewith vesied standing and acting in their right line of subordination is indeed rebellion and as the sin of witchcraft but to resist and rise up against persons abuseing sacred authority and rebelling against God the Supreame is rather to adhere to God as our Liege Lord and to vindicate both curselves and his abused ordinance form man's wiâ—kednnesse and tyranny Can he hence inferre that Naphtaly judgeth it no rebellion for privat subjects to disobey Powers acting in a right subordination when they in their judgements of discretion judge that they deviat from that line of subordination Sure he must have some needle head that can sowe these two together These are the particulars whereupon this Surveyer thinketh to bottome his falsely-stated question and by this we may judge ut ex ungue leonâ—m what faith he is worthy of when he sayeth immediatly thereafter Pag. 14. But what needs insisting on his justifying of any number of private persons riseing up and resisting the whole Magistrates Body of the people when ever they think they have cause Seing this is the maine scope of his book and more too even to state them in a punitive power of all who are against them and a power to pull downe all authorities that are in their way Alas poor soul such impudent untruthes will not much strengthen his cause in the judgment of such as are judicious and many will think that such way of dealing declares him to be unworthy of his wages for may not all who read that book see a cleare other scope there intended then what he here fancyeth and know that from no sentence in all that book can such conclusions be drawne as he here sayeth is the maine scope of it O! but he must be audacious and affronted to say that the author of Naphtaly not only makes a proclamation to all meer private persones not having any Nobles and Magistrats amongst them to make insurrections against all Magistrats from the highest to the lowest and against the plurality of the people if they think themselves in probable capacity and not only so but giveth to them a liberty to pull all Magistrates out of their seats to instal themselves and to punish Magistrats who as he sayes have forfauted their right by the abuse thereof as he doth Pag 21. What wil not such shamelesse boldnesse adventure to averre with the greatest confidence but such as are wife will not beleeve every thing that such as have made shipwrak of faith and of a good conscience and have possessed themselves of a debauched conscience have the impudency to affirme without blushing CAP. II. Three Arguments proposed taken I. from the Concessions of Adversaryes 2 The resistence of Parliaments 3. The Light Law of Nature Having thus cleared the true state of the question we shall now fall about the confirming of the affirmative and so take occasion to examine what this Surveyer sayeth as he cometh in our way and though there should not be great necessitie to confirme our hypothesis or the present question under debate unto such as have not prostituted their soull unto a brutish beleef of an absolute and indispensible subjection or submission in all cases whatsomever unto the lusts and rage of men abuseing their power and places and overturning that good order which God only wise estabished in his love and favour for the good mankinde yet because this seemeth to be an age wherein the spirits of many of sunk below that of beasts and men of no consciences or at best debauched consciences have willingly surrendered their privilege as men and assumed the slavish disposition of bond-men that for their owne base ends a little mase of pottage they may gratify such as are nothing lesse then what they ought to be it will be necessary to speak a little more to it Our first argument then shall be taken from the concessions of adversaries and from what this same surveyer seemeth if not expresly and directly to grant yet not to deny or condemne altogether Barclarius contra Monarchom lib. 1. c. 8. granteth to the people liberty to defend themselves from injury and to resist quando immani savitia petuntur and lib. 4. c. 16. he doth fully an plainely acknowledge That the king falleth from the right to this Kingdomes that the people may not only resist him refuse obedience unto him but many also remove him from the throne if without the subjects consent he should subjecte the Kingdome to another or be transported with an hostile minde against the Commonwealth Doct ferne also acknowledgeth That personal defence is lawful against the suddaine and illegal assaults of the King's messengers yea of the Prince himself thus farre to ward his blowes to hold his hands so when the assault is inevitable and else where he grants it lawful to resist the King's cut-throats So Arnisaeus de author princip Cap. 2. n. 10. granteth it lawful to private persons to resist the King when he acteth extrajudicially And Crotius de jur bel pac lib. I. c. 4. n. 7. seemeth to say that the law of non-resistence doth not oblige in certane extreame danger seing some divine lawes though generally proposed have this tacite exception of extreame necessity and giveth this for a ground That the law of non-resistence seemeth to have flowed from them who first combined together into a society and from whom such as did command did derive their power now if it had been asked of such Whether they would choose to die rather then in any case to resist the Superiours with armes I know not sayeth he if they would have yeelded thereunto unlesse with this addition if they could not be resisted but with the greatest perturbation of the Commonwealth and destruction of many innocents And a little thereafter He hath these words Attâ—men indiscriminatim damnare AUT SINGULOS AUT PARTEM MINOREM quae ultimo necessitatis praesidio sic utatur ut interim communis boni respectum non deserat vix ausim It is true in the end of that Section he
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
Wife is loosed from Subjection to her Husband adultery and wilful desertion will give ground for a divorce and that sayes that the Wives subjection is not absolute but conditional though we say not that every breach of some of the conditions looseth the obligation Neither will Calvin say ' That in no case the Soveraigne may be opposed or resisted or that in no case the obligation can be loosed for ibid. § 31. He granteth liberty to the Estates of a Land whom yet our Surveyer putteth in one category with private Subjects to stand for the libertyes of the People against the rage and Tyranny of Princes Yea he sayeth they are bound to do so as they would not presidiously betray their trust The 3. thing is that the fancy of a tacite virtual natural Covenant betwixt King and People overthrows the distinction that all sound protestant Divines and Politicians make betwixt a limited or pactional Prince and an absolute Prince or one who is integrae Majestatis And then he citeth Rivet in Psal 68. Gerhard de Magistratu Pag. 13 11. mihi or 935. And therein he sayes they agree with Calvin in the place cited Answ That there are absolute Princes de facto who come to the Soveraignity by false and corrupt meanes or by conquest we deny not but we are speaking of Princes de Iure and of Princes set up by the People which is only to our purpose It is true Rivet a very short sum of all the sound Protestant Divines though he joyne Gerhard with him too who is but Lutherian Protestant and for his Politicians we see none make use of such a distinction but assert not positively that such an absolute Prince is lawful Calvin maketh use of no such distinction and if they agree with him they say no more then he sayeth and what he sayd we have heard But sayes our Surveyer it is False to say that an absolute Prince is contrary to the Word of God for as our Lawes allowes our Kings to be ahsolute in expresse tearmes Jam. 1. he should say Jam. 6. Parl. 18. Anno 1606. Answ Our Lawes and especially of that Parliament and the like are evil proofs of what is Iure Divino or not contrary thereunto But of that Supermacy granted to the King by that act and others the Apology hath spoken enough Furder he addeth So the Scripture is not against an absolute Prince as our Lawes and we understand him But how is that May he Rule as he lifts No for He is subordinate sayes he unto God and his Lawes and he ought also to walke according to the particular good Lawes he hath made with consent of his People This is more then other Royalists would grant to us for he acknowledgeth him not only not above the Law of God but also not above the municipal Lawes and consequently not above the fundamental conditions of the constitution And we are sure in this This King hath fowlely broken whatever he doubt of But how is he absolute He is absolute sayes he that if he deviate he is not under coactive power of Subjects that they should have Law-claime against him and in their courts of nature and necessity pronounce judgement upon him to destroy him far lesse that by vertue of this supposed tacite Convenant any minor private party of the People may pull King and all Magistrats out of their seate punish them and possesse themselves in their roomes as Naphtaly sayes Answ What he layeth to Naphtali's charge shall be considered afterward 2. To say that Subjects have no law claime against a King who breaketh the maine and principal condition or all the conditions of the Covenant made betwixt Him and the People is to destroy the nature of the mutual compact made between Him and the People as we have shewed 3. By this it seemeth all the absolutenesse that he sayes is due to the King is that he is from under the co-active power of Subjects but though this were granted to him which yet we cannot because of what we have said already we should suffer no losse as to our intendment for if this be all his absolutenesse then he may be withstood and resisted though not brought to the barr even by private subjects when he contraveeneth his principal conditions and breaketh Covenant unto his people and this is all we contend for The summe of what he sayes in the 4 place is this Where there is freedome of Election as in Germany and Poland where there is but personated and painted Kings there may possibly be expresse limiteing conditions allowing some to coerce deviating soveraignity But in all proper Monarchies there is neither tacite nor expresse Covenants impowering any to be judges over the King Some Kingdomes are attained by a conquest in a just warre which is a sufficient title this power being hereditarily transmitted the successours receive power from the Parents and not from the People nor is there any shaddow of tacite or expresse Covenant in this matter Answ 1. If he be not well pleased with what Lex Rex hath said concerning conquest giving a sufficient title to crownes he should have considered and answered the arguments there made use of and not jejunely have told us he is of another judgment for they are either fooles or mad who will beleeve his bare word better then the worthy author of Lex Rex his assertions baked confirmed with many solid unanswereable arguments 2. This though true speaks nothing to our purpose for we supposed always that our Kingdome was not founded upon a conquest and we never heard any say it was till this unnatural abject arose to speak non sense of which more presently We never heard a King challenge it upon that account nay nor say that our Kingdome was ever conquered by any of their predecessours except King Iames who in his basilicon doron allaiged that Fergus the first was a conquerour contrare to the testimony of all approven historio-graphers what meaneth the large long roll of the King's predecessours that is read over at the coronation doth any of our lawes speak such a thing or do they found his absolute power upon such a dreame It would seem the cause is desperate and gone when he can get no other bottome to his absolutenesse but a fiction of his distempered braine which may deservedly make him odious to all true scottish men and may and possibly will make his cause odious also to all who are acquanted with the true genuine and ancient constitution of the Kingdome 3. This ravv Statist exscreats his raw notions as he pleaseth but they must be rude and unskilful in this matter that will think to digest them He tell 's us that the Emperour of Germany and the King of Poland are but painted Kings and Monarchs and to confirme this tels us that there are no Monarches or proper princes but such as are absolute What will then become of the Distinction of all sound protestant
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
purge the lesser if a considerable part it might not be because that were a way to dissolve humane Societies and all Kingdomes and Commonwealths Ay but he meaneth that it is so To teach that any meer privat persones or any part of a People who think themselves strong enough should take on them to sit and act as punishing judges over all Magistrates Supreme and Subordinate yea and upon the Major part of the People themselves and upon their owne fancyes led with their own lusts draw the Magistratical sword Answ But then against whom doth he fight Naphtaly spoke not so Nor doth our cause require that we should say so We say not that private persones should take up the Magistrat's sword and with Magistratical power and authority judge and execute the whole body of the People and the Magistrates Supreme and Subordinate far lesse do we say That they should do this upon their fansies or when led with their owne lusts This is nothing else but to fansy an adversary to himself when he cannot answere or stand against his proper adversary and after he hath busked him up in as ugly a shape as he can then he may well cry out Oh horrid confusion to be detasted of all rational and Christian hearts But this is not faire dealing yet suteable enough to him and his cause which he can get defended no other way But then he tells us Pag. 59. That though the words be spoken to the People yet it is alwayes to be understood that the Peoples concurrence in the punishing of an Apostate city was to be within the bounds of their calling and under the conduct of the Magistratical power set over them As when inticers to idolatry are in the former part of the chapter enjoyned to be taken order with however nearly they were related to People and to be stoned it is not to be supposed that the charge is given to every private person brevi manu to do this but judgment was to be execute on them after judicial conviction and sentence given by the Magistrate as sayeth Diodat on v. 8. and Pelargus on v. 14. Answ 1. That the Peoples concurrence was to be within the bounds of their calling we grant But the question is how far the bounds of their calling did extend Did it extend no further then to goe out when called thereto of the Magistrate to punish that Apostate city Then if the Magistrate neglected to call them out they were not so much as to mourne for that Apostasy by this text Nor to use any other meanes to have the Matter rectified nay nor to beare witnesse against that way For if the Magistrate was to preceed and they only to goe under his conduct if he called them not forth they were exonered all that was required of them being only to be willing and ready at a call But sure this interpretation is not consonant to other texts of scripture as we shall shew 2. If we look to the other particulars spoken to in that chapter we will finde that there was more required then that or a simple mourning in secret for no man wil think they were exonered if they had been only willing to execute the sentence of the Magistrate upon the false Prophet and dreamer that sought to draw them after other Gods Seing they were not to hear him So as to the enticer they were not only not to hearken unto him but they were not to pity him nor to conceale him v. 8. but now what in case the Magistrate should have refused to have done his duty to have examined the Matter or what in case the Magistrate should have countenanced and encouraged such an one was there no more required of them but to have made offer of ther Son Daughter Wife or Brother unto justice and when justice could not have been gotten executed upon them take them home again to their house and into their bosome live as formerly good friends together I feare such cleaving to the letter of the scripture shall be found a meer eludeing of scripture and a mocking of the holy ghost by whom it was given 3. Yea that wich Diodat sayes is more for he sayes They were to procure vengeance on him in way of justice accusing him to the Magistrate by information or sufficient proof And if the Magistrate refused to do justice I suppose they might have provided for their owne security and shot him or her out of doores with violence that was seeking to draw them a way from the true God So that granting what the Surveyer would be at the place will make for us For though the Magistrate was bound to examine judge and sentence the Apostate city in a judicial authoritative manner yet in case the Magistrate should have connived at or countenanced such apostacy they were to use other meanes to have the land purged of that crying obhomination then simple mourning in secret even to have taken the sword in their hand in case the defection was approaching to themselves and Magistrates were forceing them to a complyance with that evil or apostasy and never to have laid it downe till not only themselves were secured as to theirpart but the land were purged of that idolatry the idolaters executed according to the law Their Zeal in this case should have carryed them without doors though not to an assumeing of the Magistrates juridicall authoritative and punishing sword 2. Esai 59 v. 4. None calleth for justice nor any pleadeth for truth Where the Prophet among the rest of the evils wherof that People was guilty and for which heavy calamities did presse them reckoneth this that there was none who called for justice or did plead for truth that is there was none who endeavoured to relieve and right the wronged or to redresse what was amisse see the English Annotat. no man owned the right cause or took God's part against falshood and wickednesse No man say the Duth Annotat. to dehort them that deal unjustly or to maintaine a just cause and the truth to the utmost of his power So that by this we see what was required of People in a day of defection even to call and cry aloude that justice might be executed and deal with such as were Magistrats to do their duty and not to bring and keep on the wrath of God upon the Land And this is more then the Surveyer will have to be the only duty of private persones in a day of general defection Pag. 52. viz. To keep themselves pure without any degree of acting these sinnes to mourne and sigh for the evils that are done to be earnest in prayer that God may convert others to admonish faithfully and study to reclame these who are out of the way But this will be more cleare by the following passages 3. Esay 59 15 16. Yea truth faileth and he that departeth from evill maketh himself a prey and the Lord saw it and it displeased him that there was
the oppressed truth and cause of God and valiently seek and plead for the truth and with their Mother the Church when all is corrupted left a bill of divorce be given her And this is something more then our Surveyer will allow And vvhat way this shall help us vve shall see aftervvard Novv vve must examine What the Surveyer sayeth He Pag. 46. after some rambling after his wonted manner misrepresenting of the thing wich vvas said in Naphtaly as any judicious reader will perceive so that we need not trouble ourselves to discover the same unfaire dealing so oft as vve meet with it lest vve should waiste paper and paines as he hath done in repeating the same things over and over againe He tells us That It is not to be doubted that Religion is the chief interest that men and Christians should look after and where it becomes a legall right and the Magistrate who beares the sword leads the way no doubt privat persones may follow in the violent defence of it against all opposeing the Magistrate the law and themselves in owneing of it Answer This cold laodicean will give Religion the best word but no more He granteth that it is the chief interest that men and Christians should look after and yet so cautious is he in showing the manner how they should look after it that in effect he doth postpone it unto many other lower concernments For 1. it must become a legal right ere they defend it 2. And when it is become a legal right they cannot defend it unlesse the Magistrate lead the way But what if a virgine hath not a legal right unto her chastity by such a law as that leacherous King Ewen the 3. made shall she not be allowed to defend the same And if she shall shall not men be allowed to maintaine their Religion though some iniquous act of Parliament take the legal right of it away Yes doubtlesse if it be the chief interest Againe what if an unjust act take away a man's right to his heritage shall he not be in case to defend it against robbers 2. By his second caution it would appear that if an army of Turks or Tartars were landing in Scotland to robus of our Religion we might not resist unlesse the Magistrate did lead the way But might we not in that case defend our lives and lands If he should deny it I know few that will be of his opinion and if he grant it he must not account Religion the chief interest Againe what if the Magistrate shall permit Subjects to defend their Lives and Libertyes against invaders though he should not lead the way Will he allow it in that case Then he must preferre these unto Religion for Religion he sayes must must not be defended but when the Magistrate leads the way Neither sayes he can it enter into a Christian heart that it is to be surrendred unto the arbitrement or pleasure of any power in the world nor of any Magistrate over us as this man wickedly suggests is done Answ The Surveyer is this wicked person who not only suggests but upon the matter affirmes it and avowes it for what is it else then to surrender our Religion to the arbitrement of Magistrates to say that we may not stand to the defence thereof unlesse they will both authorize it with their law and also lead the way when any oppose it That which we will not maintaine without the approbation and conduct of another we wholly give up to the disposeing and pleasure of that other What he sayes concerning our present case shall be considered in end once for all Then Pag. 47. Whatever may be said concerning private mens resisting the powers that urge them to idolatry or false Worshipe or invading their lives if they will not so do comes not home to the present case Answ He would do well to speak plaine and not look with a double face Either he thinks it lawful in this case to resist or he thinks it unlawful if he think it unlawful to what purpose doth he make mention of it as a different case from what is presently under debate And will not any see that if he deny this to be lawful our Religion is wholly given upto the arbitrement of the Magistrate If he think it lawful he must then grant that Religion may be defended even when the Magistrate who bears the sword doth not lead the way and why then it should not come home to our present case I do not see for he doth not lay the stresse of his answers on the inconsiderablenesse of the ground of the resistence though here and there He hint at that but upon the unlawfulnesse of resisting the Magistrate who beares the sword Now this ground faileth him here But he ads Yet Lactantius word Lib. 5. c. 20. is to be well remembered by all private persones Defendenda est Religio a privatis omnibus non occidendo sed moriendo Answ Then according to Lactantius it must be unlawful to defend Religion even when the Magistrat urgeth to idolatry invading lives if they will not do it yea if this be generally received as a truth The People of Scotland might not defend their Religion against an army of Pagans Turks or Tartars if the Soveraigne should not concurre Which I know not who would assent unto But he will come off with a few notes Pag. 47. c. That whereas Naphtali said That to be violented in Religion which cannot be without an unjust force either on mens persons or on their goods is the most wicked and insupportable of all injuries He thinks such a word should have been better guarded lest all coactive power of the magistrate in matters of Religion might seem to be disowned which would favoure such as are for absolute toleration But what needed this Could he think that the author of Naphtaly did imagine That to be violented in any Religion whether true or false was such an insupportable injury Or that it was his minde to plead for an universal toleration What ground had he for so thinking Sure that had been prejudical to his hypothesis which this Surveyer himself will not call a false Religion will it not suffice to say he meaned a violenting in the true Religion No sayes he for what Sectary will not pretend that he is violented for the true Religion which he will avow is so according to his conscience and it is this man's principle that every man in his discretive judgment is judge of the justice or in justice of his owne sufferings and accordingly must determine a nent his resistence to the violence Answ 1. Then it seemeth his guairding of it in his owne words saying It is true to use violence upon any in their persons or goods to bring them to an external false Religion or to drive them from the true otherwise Religion cannot be violented is the greatest of injuries Is not sufficient to salve the Magistrates
ground sufficient for some actions whereto there is no extraordinary call Answ Though this be sufficiently answered before yet we say 1. That order is already ruined when the Magistrat destroyeth what he should preserve and so crosseth his commission and who teach that in such an extraordinary case when God's order is violated and broken and all in hazard to be overturned such things might be done which needed not to be done if God's order and appoyntment were observed do not take a way to ruine all order but rather to preserve that vvhich order it self is appoynted as a meane to preserve 2. We plead not for such formal imperate acts in matters of Religion as due to privat persones as we have said But for a povver according to the ability God puteth into their hands to hinder him from being dishonoured to defend their ovvne profession and Religion to hinder an universal apostasy and to endeavour in their capacities to have things righted vvhich are out of order And vvhen private persones are carrying themselves thus vve deny that they are runing out of their rank and calling nor can he prove it 3. Will he say that no actions can be sufficiently justified because done in extraordinary necessities and vvithout an extraordinary call Then he shall condemne the Covenants which David made vvith the men of Israel 2 Sam. 5. and vvhich Iehojadah made betwixt the King the People For he told us that both these vvere in extraordinary occasions and he cannot shovv us any extraordinary call He addeth If Magistrates be deficient privat persons are sufficiently discharged if they keep themselves pure and do vvhat possibly they can for advanceing Religion in their privat capacities and by their Elicite acts if a mans eyes be put out his eares or other senses will goe as far to supply that defect as may be yet cannot help the body by elicite acts of seeing So whatever length private persons may goe for the good of the body they must not goe to exercise and exert formally acts magistratical Answ All alongs we heare nothing but dictatings This and this he sayes and there is an end a noble patron of a desperat cause and worthy of a great hire But. 1. The question still abideth undiscussed how far privat persons capacity doth reach for that they must do more then keep themselves pure we have shevved 2. If they may do what possibly they can for advanceing Religion in their capacities they may do more then he will have them doing for then they may defend Religion with the sword and with violence hinder idolatry and superstition and what of that nature provocketh God to wrath All this and more is within their capacity and possibility as he would easily grant if the Magistrate vvould but countenance it yea and though he should oppose say vve But he will say these are not elicite acts And vvill he grant nothing else to privat subjects but elicit acts Then he vvill not grant them liberty to disput for Religion to exhort rebuke and admonish c. for these are not elicite acts more then disputing vvith the svvord and so vvith his Philosophick distinctions he vvould charme us into a perfect acquiescence vvith vvhat Religion the King vvill enjoyne 3. Eares and other senses never set up the eyes and gave them povver to see for their good But the People set up the Magistrates and may do when the Magistrate layeth downe his sword or avowedly betrayeth his trust what they might have done before they made choice of him 4. By this Simile it would follow that the People cannot only not do the Magistrate's Imperat acts but not so much as the Elicite acts which he may do vvhich is false 5. Though they cannot exert or exercise Formally acts Magistratical if they may do it Materially we seek no more In end he tell us That it is a dangerous and destructive tenent to be held forth to be beleeved by People That in all cases whether concerning Religion or Liberty when they account the Magistrate to pervert the government that they are Eatenus in so far even as if they had no King and that the royalty hath recurred to themselves and they may act and exercise it formally as if they had no King at all and this he tels us is the expresse doctrine of Lex Rex Pag. 99. 100. Novv that all may see vvhat a shamelesse and impudent man this is and how little reason any have to give him credite I shall recite the authors very words But because sayeth he the Estates never gave the King power to corrupt Religion and presse a false and I dolatrous worshipe upon them Therefore when the King defendeth not true Religion but presseth upon the People a false and Idolatrous Religion this is some other thing then when they account the Magistrate to pervert c. in that they are not under the King but are presumed to have no King eatenus so farre are presumed to have power in themselves as if they had not appoynted any King at all If an incorporation accused of Treason in danger of the sentence of death shall appoynt a lawyer to advocate their cause if he be stricken with dumbnesse because they have losed their legal and representative tongue none can say that this incorporation hath losed the tongues that nature hath given them so as by natures law they may not plead in their owne just and lawful defence as if they had never appoynted the foresaid lawyer to plead for them The King is made by God and the People King for the Church and People of God's sake that he may defend true Religion for the behove and salvation of all If then he defend not Religion NB in his publick and Royal way It is presumed as undenyable That the People of God who by the law of nature are to care for their owne soull are to defend NB in their way true Religion which so nearly concerneth them and their eternall happinesse Now let any judge if this be so dangerous and destructive a tenent As he would make his reader beleeve But it is easy for him who hath no shame to pervert sentences which he cannot confute and then call them dangerous and destructive and thus he will make the rabble of the degenerate clergy and other simple ones beleeve that he hath confuted Lex Rex And thus dealeth he with Naphtaly as we have shewed already Having thus considered all which the Surveyer hath here and there spoken against that which we have said let us now come to apply what hath been said unto our present purpose of vindicating the late act of defence which by what we have said we finde cannot be justly condemned as treasonable or rebellious but rather approved and commended as loyall service to God and the Countrey For 1. Thereby they were professing their constancy in adhereing to the reformation of Religion in doctrine worshipe Discipline and Government which was
forth unto us and pitch upon as the peccant and procureing cause 7. Though we could not satisfy wrangling wits touching the equity of this which yet the common and ordinary practice of men forfaulting a whole posterity for one mans transgression will not suffer us to account insolent yet we ought to rest satisfyed with what is clearly and undenyably held forth in the word and beleeve that for these causes such and such plagues were inflicted upon distinct and different persones because the spirit of truth sayeth so 8. As all Scripture was given by the inspiration of God and is profitable for doctrine for reproof for correction for instruction in righteousnesse that the Man of God may be perfect thorowly furnished unto all good works 2 Tim 3 v. 16 17. So these particular passages so particularly described are written for our learning Rom. 15 ver 4. and are out examples that we should not do as they did 1 Cor. 10 v. 6. and are written for our admonition 1 Cor. 10 ver 11. And therefore we must not look slightly upon them but ponder then narrowly as so many documents given us for our use and instruction and particularly that we may take warning to prevent such evils Now let us hear what the Surveyer sayeth Pag. 51. He layes downe two assertions 1. That no man is involved in divine judgments and punishments for the sinnes of others as the deserving cause of his punishment if he be no way accessory to these sinnes of others 2. That no private Subject is accessory to the sins of Rulers nor involved in the punishments of the same meerly upon the accouut of his tolerating the sinnes or not violent resisting the Magistrate in his sinful courses Answ Not to enlairge on these now because of what he is to say in explication of these we are then to speak I would only at present enquire 1. What accession had the army of Israel which was defate by the Men of Ai a stroke which made Iosua rent his cloaths and fall upon his face to the Earth until the even tyde he and the elders of Israel and put dust upon their heads unto the sin of Achan And why doth the Spirit of the Lord say Ios. 7 v. 1. That the Children of Israel had committed a trespasse in the accursedthing And againe ver 10 11 12. And the Lord said unto Iosua Get thee up wherefore lyest thou thus upon thy face Israel hath sinned and they have also transgressed my Covenant-for they have taken of the accursed thing-and they have put it even amongst their owne stuff Therefore the Children of Israel could not stand because they were accursed neither will I be with you any more except yee destroy the accursed from amongst you Though we can learne of no accession which they had unto this particular fact yet we see the whole body is punished as guilty and must be legally purified and sanctified and purged from that contagion 2. What accession had all these who suffered in these three yeers famine which was in David's dayes unto that bloody act of Saul and his house which was committed many yeers before thousands of these who suffered therefore knew the right hand from the left or were borne possibly 3. What accession had the children unborne to the third and fourth generation unto the sinnes of their forefathers and yet the holy Lord thinks good to visite their iniquities on them 4. What accession had the People unto David's sin of numbering the people doth not David himself say 2. Sam 24 ver 17. But these sheep what have they done But let us heare how he explaineth this A certane thing it is sayes he that God doth not properly punish any man but in reference to his owne personal sins as the deserving cause of the punishment albeit he may and often taketh occasion in his wise providence to punish men for their owne sinnes from the sinnes of others and in that only sense they may be said to be punished for the sins of others But every soul suffers for his owne sin Divine justice finding causes of punishment in every one that is punished either their personal accession to the sinnes of others which is their owne sin or else some other sinnes for which he may in justice inflict the punishment upon them albeit the impulsive cause or occasion rather for punishing in such a manner and time c be from the sinnes of others Ans 1. Though vve desire to be vvise unto sobriety in this matter and not to meddle vvith matters beyond our reach yet vve think it saifer to speak in the language of the Holy Ghost then in the vvords of this Surveyer vvho giveth us no Scripture for vvhat he sayes The expressions of Scripture hold forth some thing more then a meer occasion It semeth strange to say that Ahan's sin should have been only an occasion of that discomfiture when the Spirit of the Lord sayes that Israel had sinned and therefore could not stand before their Enemies because they were accursed and that till this accursed were taken from amongst them he would not be with them any more 2. He vvould do vvell to explaine to us vvhat he meaneth by a proper punishment and vvhat is the opposite tearme thereunto 3. We grant divine justice findeth deserving causes of punishment in all in whom is original sin but vve suppose that vvhen that is not mentioned as the procureing cause of such a stroke but the sin committed by another vve ought to look on that mainly as having a procureing causality in that affliction 4. How ever we see he granteth one may be punished for the sin of another or upon occasion of the sin of another as he loveth to speak to which he hath no personal accession 5. If these sinnes of others were only the occasion of punishing in such a manner or time how cometh it that the very punishment it self is removed upon the taking away of that sin according to God's appoyntment and God is pacified toward the whole as he was vvith Israel vvhen Ahan vvas killed and Seven of Saul's sones hanged up 6. But whether vve take these sinnes of others as impulsive causes or occasions of such punishments This is cleare That if these sinnes had been prevented these punishments had been prevented also so that if Saul had not gotten liberty to have staine the Gibeonites in his bloody rage contrare to oath and Covenant these three yeers famine had not come And if David had been hindered from numbering of the people and had not gotten his vvill these Seventy thousand had not died then as they did And seing no other cause or occasion is rendered of this it vvould clearly warne all in a Community and Society to labour by all meanes according to their power and places to hinder the Committing or removing when committed of these sinnes which bring heavy plagues on the Community The Dutch Aunot on 2 Sam. 21 1. say that
contrary criminal and guilty with your Princes and Rulers in the same crimes because you assist and maintaine your Princes in their blind rage and give no declaration that their tyranny displeaseth you This doctrine I know is strange to the blinde world but the verity thereof hath been declared in all notable punishments from the beginning vvhen the Original vvorld perished by vvater vvhen Sodome and Gomorah vvere punished by fire and finally vvhen Ierusalem vvas horribly destroyed doth any think that all vvere alike vvicked before the vvorld Evident it is that they vvere not if they be judged according to their external facts for some were young and could not be oppressours nor could defile themselves with unnatural and beastly lusts Some were pitiful and gentle of nature and did not thirst for the blood of Christ and his Apostles but did any escape the plagues and vengeance which did apprehend the multitude let the scripture witnesse and the histories be considered which plainly do testify that by the vvaters all flesh onâ—arth at that time did perish Noah and his family reserved That none escaped in Sodome and in the other cities adjacent except Lot and his tvvo daughters And evident it is that in that famous city of Ierusalem in that last and horrible destruction none escaped God's vengeance except so many as before were dispersed And what is the cause of this severity seing that all were not alike offenders let flesh cease to disput with God and let all men by these examples learne betimes to flee and avoyd the society and company of the proud contemners of God if that they list not to be partakers of their plagues The cause is evident if we can be subject without grudging to God's judgments which in themselves are most holy and just for in the original world none was found that either did resist tyranny nor yet that earnestly reprehended the same In Sodome was none found that did gain-stand that furious and beastly multitude that did compasse about and besiege the house of Lot and finally in Ierusalem was found none that studyed to reprepresse the tyranny of the priests vvho vvere conjured against Christ and his Evangel but all fainted I except ever such as gave vvitnesse vvith their blood or flying that such impiety displeased them all keeped silence by the which all approved iniquity and joyned hands with the Tyrants and so were arrayed and set as it were in one battle against the almighty and against his Son Christ Jesus for whosoever gathereth not with Christ in the day of his harvest is judged to scatter and therefore of one vengeance temporal were they all partakers will God in this behalf hold you as innocents be not deceived dear Brethren God hath punished not only the proud tyrants filthy persones and cruel murtherers but also such as with them did draw the yoke of iniquity vvas it by flattering their offences obeying their unjust commands or in winking at their manifest iniquity All such I say God once punished vvith the chief offenders Be ye assured brethren That as he is immutable in nature so will he not pardon you in that which he hath punished in others and now the lesse because he hath plainly admonished you of the dangers come and hath offered you his mercy before he poure forth his wrath and displeasure upon the disobedient So in his Exhortation to England P ag 107. No other assurate will I require that your plagues are at hand and that your destruction approacheth then that I shall understand that yee do justify your selves in this your former iniquity absolve and flatter you who list God the Father His son Christ Jesus his holy Angels the creatures sensible and insensible in heaven and earth shall rise in judgment and shall condemne you if in time you repent not The cause why I wrape you all in idolatry all in murther and all in one and the same iniquity is that none of you hath done his duty none hath remembered his office and charge which was to have resisted to the uttermost of your power that impiety at the beginning but you have all follovved the wicked commandement and all have consented to cruel murther in so far as in your eyes your Brethren have most unjustly suffered and none opened his mouth to complaine of that injury cruelty and Murther I do ever except such as either by their death by abstaining from Idolatry or by avoiding the realme for iniquity in the same committed and give testimony that such an horrible falling from God did inwardly grieve them But all the rest even from the highest to the lowest I feare no more to accuse of idolatry of treason committed against God and of cruel Murthering of their brethren then did Zecharias the son of Iehojadah 2 Chron. 24 ver 20. feare to say to the King Princes and People of Iudah Why have yee transgressed the commandements of the Eternal God it shall not prosperously succeed unto you but even as ye have left the Lord so shall he leave you And againe Pag. 109. But let his holy and blessed ordinances commanded by Jesus Christ to his Kirk be within the bounds so sure and established that if Prince King or Emperour would interprise to change or disannul the same that he be the reputed enemy of God and therefore unworthy to reigne above his people Yea that the same Man or Men that goe about to destroy God's true Religion once established and to erect idolatry which God detasteth be adjudged to death according to God's commandement The negligence of which part hath made you all these only excepted which before I have expressed murtherers of your Brethren denyers of Christ Jesus and manifest traitours to God's Soveraigne Majesty Which horrible crimes if ye will avoyd in time comeing then must yee I meane the Princes Rulers and People of the realme by solemne Covenant renew the oath betwixt God and you in that forme and as Asa King of Iudah did in the like case 2 Chron. 15. This is thy duty this is the only remedy O England to stay God's vengeance which thou hast long deserved and shall not escape if his Religion and Honour be subject to mutation and change as oft as thy Rulers list The-reader may consider also what he sayes to this in his discourse with Litingtoun who was of this Surveyer's judgment History of Reformation Lib. 4. This is consonant likewise unto our confession of faith authorized by King Iames and Parliament Anno 1567. Act. 14. where among good works of the 2 table these are mentioned To honour Father Mother Princes Rulers and Superiour powers To love them to support them yea to obey their charge not repugning to the commandement of God to save the lives of innocents to represse tyranny to defend the oppressed c. the contrary whereof is To disobey or resist any that God hath placed in authority while they passe not over the bounds of their office to
defence 3. The power given to Magistrates can not loose the obligation of people unto God's moral law but by the moral law they are bound in this case of imminent danger to defend themselves their Wives and Children and their Religion these are acts of charity which Magistrates cannot loose them from otherwise Magistrates might command us to kill the innocent the widow and the fatherlesse and we might lawfully do it at their command which is most false and absurde therefore neither can their expresse prohibition hinder us from relieving such whom we are bound to relieve nor exeem us from the guilt of Murther before God if we do it not but obey their prohibition The connexion of the proposition I cleare thus 1. The law of self defence is no lesse valide in the one case then in the other 2. The law of charity obligeth in the one case no lesse then in the other 3. Magistrates are no more appoynted of God to destroy the people themselves then to suffer others to destroy them and so the resisting of their violence in the one case is no more a resisting of the ordinance of God then the resisting or counter-acting of their prohibition or silence in the other case 4. Magistrates are no lesse to be accounted in so far no Magistrates when they counter-act their commission then when they sinfully betray their trust and neglect their commission 5. Unjust violence offered in Lives Liberties and Religion is no lesse unjust violence when offered by Magistrats themselves then when offered by strangers Magistrates permitting or conniveing 10. If it be lawful for private Subjects to joyne together in armes and defend Themselves their Lands Liberties Wives Children Goods and Religion against a forraigne Enemie invading the land to conquer and subdue the same with the Magistrates approbation or expresse warrand Then it is also lawful to resist domestick Enemies animated by the same power and authority But the former is true because Magistrates in that case do professe and avow themselves tyrants seeking the destruction of the whole Realme and therefore are not Magistrates Therefore c. The consequence is cleared abundantly in the preceeding argument and cannot be denyed for a domestick enemy is more unnatural unjust ihhumane illegal hurtful and dangerous then a forraigne enemy 11. Such acts of unjust violence which neither Magistrates themselves may immediatly commit nor may any subject under them without sin and disobedience to God execute may lawfully be resisted by private persones when committed in a rage or cruelly executed by inseriours But such are acts of oppressing plundering spoyling Subjects of their libertyes because of their adhereing to their sworne Covenanted Religion Therefore c. That Princes and Magistrates may not oppresse and wronge the People is clear 1 Sam. 12 3 4 5. 2 Sam. 23 3. 1 King Cap. 21. and 22. 2 Chron. 9 8. Psal 105 14 15. Esa 1 23. and 3 12 13 14 15. and 14 15 to 23. and 9 7. and 16 5. and 32 1 2. and 49 23. Ier. 22 3 to 32. Zeph. 2 8. and 3 3. Micah 3 1. to 12. Obad. v. 2 10 to 17. Ezech. 22 6 7 27. and 45 8 9. It is contrare to their expresse commission Rom. 13 4 5. That their unjust mandats for oppression and useing of violence are not to be obeyed is no lesse clear from Exod. 1 15 16 17 18 19 20. 1 Sam. 22 17 18. Psal 52 5. So likewise it cannot but be cleare That it must also be lawful to resist that violence when wickedly and unjustly acted and executed For what power Magistrates can not themselves put into execution is not of God nor ordained of God and therefore the resisting of that cannot be the resisting of any power ordained of God And againe what power subjects cannot lawfully put into execution can be no lawful Magistratical power appoynted of God For if it were a refuseing to put the same into execution were a real resisting of the ordinance of God And so a resisting of this when wickedly put into execution is no resisting of the ordinance of God which causeth damnation 12. That it is just and lawful to flee from the violence of Magistrates will not be denyed But if that be lawful when subjects have no power or meanes whereby to resist or oppose unjust violence with violence It cannot be simply unlawful to resist the same unjust violence with force vvhen neither flying nor hideing nor other such like meanes of saifty are practicable Because it is the principle of self defence against violence that makes flight lavvful vvhen there is no possibility of resistence and the same principle of self defence will make resistance lawful when the other is not practicable Againe the principle of charity to their Wives and Children and other Relations makes flight lawful when they can not otherwise avoide the unjust violence of Tyrants and the same principle will animate to resistence when practicable when they cannot flee with wives and children and old decrepite parents c. Thirdly the same principle of conscience viz that they may keep their Religion and Conscience free and undefiled which will prompt to a flight when there is no other remedy will prompt also to resistence when flight is not practicable I remember The Surveyer Pag. 41. calleth this a monster of a stoical paradex which the paire of pseuâ—o martyres brought forth whereas flight is only a withdrawing from under his dominion and putting ones self under another dominion where his power reaches not and so by flight and withdrawing from the Kingdomes the man ceaseth to be a subject to him whose subject he was and comes to be under other Lords and lawes Answ This must be a monster of men whose eyes must be of a magnifying glasse of a paradoxical quality and he must have a strange stoical phancy who imagineth that such a thing is a paradex and a stöical paradox and a monster of a stöical paradox what could his stoical braine have said more paradoxically Flight and non-obedience both are a resisting of the abused power and if the cause be just which is pressed by the Magistrate flight on that account non-obedience is a resistence of the powers ordained of God condemned Rom. 13. for such an one is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he is out of due order But. 2. As we have seen the consequence will hold and we seek no more we need not make it a resistence equal with forcible resistence 3. He speaketh of a flight out of the King's dominions but what sayes he to a flight when the persones flying keep still within the dominions Will he grant that this is liker unto a resistence And he must if his reasons hold for in this case the man ceaseth not to be a subject nor cometh he to be under another Lord and if he grant this our argument will stand as firme as ever 4. The man for all the money he hath gotten from his
Magistrate from violence and opposition when he keepeth within his sphaere and doth his duty 4. If the matter passe from resistence to revenge we approve it not if the pride and haughtinesse of the spirit of Princes be the cause of this let them see to it and labour to prevent it by condescending to the just equitable demands of their oppressed and grieved subjects 5. We do not deny but God may stir up an Absolome and other conspirators against a Gracious David for his owne holy ends But in ordinary providence it is to be seen that good Princes while alive and when dead have had more respect of their Subjects then others who have been most flagitious and wicked The books of the Kings Chronicles demonstrate this That good Kings have been much honoured and reverenced while living and much lamented when dead and upon the contrare vvicked King 's have either been cut off or when dead have not been desired nor burned with the burnings of their fathers nor buryed in the sepulchre of their fathers whatever forced submission outward respect they might have had while living 6. As for the difference that God in his providence hath put betwixt Heathenish and Christian Kinges see what Evagrius sayeth Eccles histor cap. 41. speaking against Zosimus he hath these words worth the marking Let us see if thow will how the Emperours which were Hethnickes and Panimes maintainers of Idolatry and paganisme and how on the contrary such as cleaved unto the Christian faith ended their reigne was not Cajus Julius Caesar the first Emperous slaine by a conspiracy did not certane souldiers with naked swords dispatch Cajus the nephew of Tiberius was not Nero murdered by one of his familiar and dear friends Had not Galba the like end Otho Vitellus who all three reigned only Sixteen moneths what shall I speak of Titus whom Domitianus poisoned although he was his owne brother what sayest thow of Commodus what shall I say of Marcinus did not the souldiers use him like a captive about Byzantium and cruelly put him to death what shall I say of Maximinus whom his owne army dispatched were not Gallus and Volusianus murdered by their owne army had not Aemilianus the like miserable end But since Constantine began to reigne-was there any one Emperour in that city Julian a man of thine own Religion-only excepted that was murthered by his owne subjects It were an endlesse work to run thorow histories and show how for the most part contrare to what he sayes these Kings who have been resisted by their Subjects whether in the time of Heathenisme or since Christianity was professed have been most flagitious and wicked Sure if we should goe no further but to our owne history we shall finde this put beyond all question the Surveyer himself being witnesse who sayes Pag. 78. that the instances of opposition made unto the Scotish Kings adduced by the Apolog. were but the insurrection of Nobles against the Kings and violent oppressions of such of them as have been flagitious and tyrannous And thus he contradicteth what he just now said But to what purpose is all this stir He sayes but can he prove that we assert That any party of the people when strong enough may get up against the King and all Magistrates when they judge that they deal wrongously and injuriously with them Sure the thing which we affirme is far contrary to this as hath been often times shewed We know that the evil wit of a seditious party can soon paint the Best King as a black and ugly Tyrant and vve know also that the evil wit of a hired court-parasite and bese flatterer can paint out the blackest Nero or Caligula or a Heliogabalus as a brave and virtuous prince And this is nothing to our case when the acts of Tyranny and oppression are as legible as if written with the sun-beames It behoved to be strange virmilion that would serve to make the apostasy perjury oppression and tyranny of the novv Prince and Rulers appear vvhit and comely and he needs no great vvit vvho vvould painte out these grosse acts under the forme of ugly Tyranny Yet vvith all vve shall vvillingly grant to him that All the fearers of God should rather indure some acts of real tyranny then by doctrine or practices of resistence open a door to the destruction of good Kings by a party not of their spirit but lurking under their pretences and to the continual dissolution concussion and desolation of humane societies for this is not the thing vve are against Some acts of Tyranny vve are vvilling to endure provideing he vvill grant us liberty both to teach practise resistence vvhen the acts of tyranny are not one or two but many nor acts of Tyranny in smaller and lesse considerable matters but such as tend to the destruction of the true Libertyes of the Subject to the overturning of a Covenanted vvork of Reformation svvorne-to by all rankes and degrees of people hovvbeit men of corrupt principles and of another spirit should lurk under these pretences Is it not reasonable that vve also demand of this Surveyer vvhile he is in a good mood That he vvould evidence so much fear of God as not to condemne resistence unto real tyranny so as to open a gap to all the ingrained bloody Nerâ—es and such prodigious Canibales to vvaste destroy at pleasure the best of Subjects What follovveth concerning obedience active and Subjection passive hath been spoken to formerly and it is needlesse fill up pages vvith repetitions as he doth only vvhereas he citeth Apolog. Pag. 376 377. granting that subjection is necessary and supposeth that this is repugnant to vvhat Naphtali sayeth He vvould knovv that he is in a great mistake for the question there is concerning obedience in things indifferent or of submitting to the penalty and that by a few privat persones and though in this case a single person who will not obey the Magistrate in these matters must yeeld the penalty and so acknowledge his subjection it will not follow that a multitude or a Community forced under intolerable penaltyes to acts of impiety and hainous transgression and who can defend their rights and just privileges palpably and iniquously violated may not repel such unjust force with force resist intolerable tyranny abusing the ordinance of God to all acts of wickednesse and to the overturning destroying the very ends of government And to this Naphtaly speaketh Pag. 28. So that he but gives vent to his profane Spirit to cry out as he doth Pag. 46. and say Good God! to what times are we reserved to see so certane truths that may be reckoned among the immoveables of Religion and the ancient land marks removed by an upstart furious Crue who by their new principles as false as new seek to confound both Church and State The lawfulnesse of privat men's counter acting and violent resistence to a whole Church a whole
84. Where all these are abundantly confirmed Now it is not our to all who consider either what they did or what was enacted by them and stands registrated to all generations how the late Convention which hardly can be accounted a lawful Parliament not only came short of their duty in these particulars but stired a direct contrary course as we shall shew in a few words For 1. So far were they from maintaining that compact and Covenant which was betwixt the King and the People That they declared these Covenants and engagements null declared the very Parliament and committees that called him home and crowned him null condemned the very transactions that were had with the King before he came home 2. So far were they from keeping the Prince within his bounds and limites That they screwed up his prerogatives to the highest peg imaginable and did investe him with such an absolute unlimited and infinite power that he might do what he pleased without controle 3. So far were they from hindering him from transgressing the lawes of God That they concurred with him to enact lawes diametrically opposite to the Law of God to condemne and overturne the work of God To set up an abjured prealcy and force conformity thereunto beside other acts which they made to hinder the course of justice 4. So far were they from hindering him from violating the wholesome well setled and established lawes of the land that they concurred with him to overturne these to the great losse and detriment of the Nation 5. So far were they from preserving the rights of the Kingdome That they made a voluntary and base surrender of these unto the pleasure and arbitrement of the Prince in annexing to the crowne The sole choise and appoyntment of the officers of State and privy Councellers and the nomination of the Lords of Session in dischargeing all meetings Councels conventions or assemblies of the People without the King's command or expresse license In giving away to him as his right the sole power of raiseing the Subjects in armes of commanding ordering disbanding and otherwise disposeing of them And of all strengths forts or garrisons within the Kingdome all which politicians will grant to be the proper native rights of the Kingdome 6. So far were they from hindering the execution of his unjust decrees and mandates that whatsoever he pleased to command was by them imbraced yea and fortified strengthened and corroborated and put into a standing law how dishonourable so ever it was to God how repugnant to equity and reason and how noxious soever it might prove to the Nation 7. So far were they from desending the Libertyes and Privileges of the People that they basely gave them away by denying them to have any power to defend themselves against manifest oppression or power to call Parliaments or other meetings for their advantage in cases of necessity by giving away to the King yeerly fourty Thousand pound Sterline to the impoverishing of the Nation and redacting it to slavery And by Tendering unto him all the lives and fortunes of the subjects to maintaine his interest and offering Twenty Thousand foot men and two Thousand horsemen sufficiently armed and furnished with fourty dayes provision to be in readinesse as they shall be called for by his Majesty to march to any part of his three dominions for any service wherein his Majesties honour authority or greatnesse might be concerned Which how ever it may be coloured with specious pretexts yet al circumstances considered was nothing but a real mancipation of the liberties of the People unto the will and pleasure of a Prince 8. And so far were they from calling the King to any account and from impedeing Tyranny that in effect they declared the King exempted from all such tryal or examination and that he might exerce what tyranny and oppression he pleased without controle For they gave unto him absolute and unlimited power over all persones and in all causes They declared him to have absolute power to call hold prorogue and dissolve Parliaments and Conventions and Meetings of the Estates And That no acts sentences or statutes to be past in any of these meetings can be binding or have the authority and force of lawes without his authority and approbation interponed at the very making thereof 2. It is notour to all who read their acts How they have enacted and concluded things most unlawful and unjust repugnant to the Law of God and right reason Condemning Solemne Covenants sworne by all rankes of People in the land in the most solemne manner introduceing abjured Prelates Establishing tyranny in the Church condemning and razeing to the fundation the Covenanted work of God enjoyning a conformity unto corrupt courses pressing perjury and Apostasy by forceing all in publick places and others to subscribe declarations and oathes contrary to their former sacred and inviolable Covenants and oathes made to God 3. By confirming ratifying and approveing these courses of Apostasy and defection and establishing these into lawes and binding and forceing the People unto obedience by their irrational and insupportable penalties annexed They have laid downe a constant course for tyranny and oppression of the People in Estates bodyes and consciences without all hope of remedy or redresse 4. As Parliaments with us are not constant and fixed courts but ambulatory and occasional so they have laid downe a course that we shall never have a Parliament that shall redresse the wrongs injuries oppressions and tyranny of Princes or heare the just grievances of the Subjects For when the Prince oppresseth the People and turneth a Nero and a Caligula there shall be no remedy because they have given him absolute power to call Parliaments and who can expect he will call a Parliament in that case or if he do call he hath absolute power to raise them and dismisse them when he will and is it probable that he will suffer them to sit when they are doing any thing against him Or if he should suffer them to sit what can they do None of their sentences or acts have power unlesse he will add his authority and will he ratify or approve any thing that is against himself and his tyrannous will Beside that they have denuded themselves of all power of suppressing tyranny by declareing his power so absolute and infinite as that no bounds can be set unto it no power can suppresse his tyranny or call him to an account 5. Not only have they laid downe a course that we shall have no Parliament to interpose for the relief of the People to suppresse Tyranny But also they have laid downe a course that there should be no Magistrats in shires or brughs that should help according to their power and place the oppressed and grieved Subject and concurre for their relief Because all such ere they be admitted to their places must conforme unto this abhominable course of defection and by subscribeing declarations Binding themselves by oaths
word of â— King is there is power and who may say unto him what dost thou Ans I. Will it hence follow that we must obey all the Kings unjust unlawful and iniquous commands No true Christian can say so Neither will it hence follow that in no case he may be resisted 2. Kings way not de jure do what they please but they have power to execute the Law in way of justice which is the thing that they as Kings should and do please And therefore we should not stand in an evil matter 3. Notwithstanding of this Princes have been rebuked 2 Sam. 12 ver 7. and resisted 2 Chron. 27 ver 17 18 19 20. and so the meaning is no man must question his just actions warranted by his lawfull authority Or it is but folly for a man to strive with such an one as is able to execute his cruelty and to do what he will see the English notes on the place and Mr. Iackson's but as this doth not justify Kings in their oppressing so neither doth it condemne a resisting of their tyranny more then the resisting of the oppressing violence of some mighty robber who hath power to do what mischief he will whom yet lawfully we may resist if we be able Obj. 19. The author of an appeal to conscience adduceth that place Psal 105 ver 15. Touch not mine anoyneted Answ Hence it clearly followeth that Kings and Princes should not enjure the Saints and Servants of God for this was meaned of Abraham Isaac and Iacob and of their Wives and Families who were sojourning as strangers from Nation to Nation as the context cleareth and the words following and do my Prophets no harme And so relateth to vvhat vve heare Gen. 12 v. 10 to 20. 20 1. c. 26 1. c. is not meaned of Kings and Princes as such So that this anoynting is such as is common to Priests and Prophets to all the saints vvho are spiritually anoynted and so become Kings Priests unto God 1. Pet. 2 5. Rev. 1 6. and 5 10. Obj. 20. D. Ferne Resolvig of conscience vvould prove from 1 Sam. 8 ver 18. that subjects may do nothing against Tyrants but cry to the Lord. So Grotius Answ Subordinata non pugnant We may both cry to the Lord and resist as Iudg. 10. Exod. 14. 2 Chron. 32 v. 20. 2 King 19. 2 Chron 14 v. 9. c. and 13 14 15 * 16. 2. The text saith not they should have no other remedy left them but crying or that it should be lavvsul for them to do no other thing We finde that they resisted this King vvhen he vvas about to kill innocent Ionathan 3. The vvords at most but import a prohibition of attempting to have the government changed from King to judges 4 Suppose it vvere so yet it importing only a punishment unto them for their importunat and headstrong affecting of a King vvill not in reason reach other Nations not guilty of this crime Yea 5. This praediction could not bind up their owne hands from a defence but at most import That all their resistence or defence should be in vaine through God's not hearing or helping them in resisting Obj. 21. The author of an appeal to thy conscience proposeth this argument That evil Kings and Tyrants are afflictions and punishments inflicted on us by God Therefore we should submit patiently and not resist Answ The consequence is nought for so are forraigne enemies the riseing up of inferiours against us sicknesse and paines on our bodyes and the like and yet these may very lawfully be resisted Obj. 22. Equals have no power over equals much lesse have inferiours over Magistrates Alber. Gentil in dispp regalib Answ Superiority is not requisite to lawful defence as is said 2. A Tyrant as such is no Magistrate but a privat person Obj. 23. No punishment for Tyrants but vexation of conscience id ib. Answ All evil doers may expect that punishment as well as Tyrants and yet they may be resisted yea and punished with civil punishments Obj. 24. The removing of a Tyrant occasioneth civil warres which makes the remedy worse then the disease id ib. Answ 1. We speak not of removing Tyrants but of resisting them 2. This is the way to prevent ruine and destruction to the Commonwealth even to resist Tyranny 3. A civil war may be more advantagious for Religion and the libertyes of the subjects and so preferable to a brutish submission to illegal tyranny And every kinde of evil is not to be endured for avoyding a worse in probability 4. Desperat diseases must have desperat cures and it is better to hazard some thing in a warr then lose all We know not what the event may be we are bound to defend Religion and the libertyes of the countrey and commit the event to God 5. It hath been found that the putting away of a Tyrant hath proved very advantagious to the Countrey and to Religion and hereby all their losse by warr was more than abundantly repayed yea and sometimes this hath been obtained without much shedding of blood CAP. XVIII How weakly foolishly The Surveyer maintaineth the Union of his Majestie 's Dominions is cleared HAving thus discussed all which the Surveyer hath in his railing pamphlet said against this truth which we have maintained and having sufficiently as we suppose vindicated the Peoples right to defend themselves and their Covenanted Religion from manifest and intolerable violence and oppression we might without the least injury imaginable to our cause wave the examination of what he Principally aimeth at Cap. 1. 3. 4. as being extrinsick to the present question and because we are not necessitated to maintaine these opinions which he setteth himself against in those chapters our question being distinct from those and easily maintained without touching upon those rockes But yet because this windy man would faine make his Majesty beleeve that he had not gotten his reward for nothing but that he had done some notable piece of service vvorthy of it And had discovered some rare secret the discovery of which is of no small advantage but of great use both for the preservation of the union of his Majestie 's dominions and for the saveing of his life from the stroke of adversaryes vve shall manifest hovv little ground he hath to father any of these assertions on Naphtali and then discover hovv vveakly and foolishly he maintaineth his Majestie 's cause in both these that al the world may see that he hath come short of performing that service to his Maj. which he here undertaketh that he hath been so far from laying the devil after he had raised him that he hath done his Maj. no small piece of disservice in starting questions so dangerous to his Majesty's Kingdomes and life when he had no ground given him and after he had moved the question left it worse then he found it and so did little lesse then invite such as
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
murdering or deposing of Princes by Subjects who are not his judges And what his word approves not his providence doth not approve To say that God animates his People to such actions is blasphemy albeit he extraordinarly may stir up the spirits of some to actions not according to the ordinary rule as in the times of the judges but they were sure of their warrand from him the like whereof none have ground to waite for now Answer Certainely God's Word declareth that the persons of Kings how sacred soever he account them are not inviolable when it threateneth destruction unto them whether by their owne Subjects or by strangers and when these same judgements are executed his providence declares that they are not uncontrollable or inviolable 2. His adversaryes vvill tell him that the deposeing of Tyrants or the executing of justice on them is no sinful Murther nor sinful deposeing of Princes 3. If he had once proved that such actions as these vvere horrid and sinful then he might say that it vvere blasphemy to say that God animates People unto them 4. How did God animate Iehâ—jada and these vvith him to depose and kill Athaliah To say she vvas an usurpers vvill not help the cause for he vvill not have usurpers killed by the Subjects novv seing vve have no ground to expect such an expresse vvarrand to rise against them as the judges had and yet certanely these against vvhom the judges vvere animated vvere Tyrants vvithout title And thus we see this Surveyer out stripeth all the Royalists that ever wrote before him and not only will have the persons of lawful princes though flagitious and tyrannous sacred and inviolable but also the persones of the most manifest usurpers for he sayes that it was not according to any ordinary rule that God stirred up the spirits of some to make head against these Tyrants that oppressed the people of God in the dayes of the judges but extraordinare which motions we have no ground to waite for now And so this advocate cometh at last to plead as much for the exemption of Cromwel as of the King And if this be a faithful advocat let all the world judge and let the author of the pamphlet intituled Killing no Murther rebuke him for his impertinency and ignorance He tels us thereafter how The Apologist labours to produce many instances of the Parliaments of Scotland punishing Princes for their enormities all which he setteth forth as laudable and imitable presidents and examples Answ The author of that Apologetical relation driveth at no such designe there but only cleareth thereby that the Kings of Scotland have not a supremacy above Parliaments but that rather Parliaments are above them for they have punished them He addeth The most that all of them amount to is nothing but the insurrection of Nobles Proceres as Buchanan calleth them against the Kings and violent oppressions of such of them as have been flagitious and tyrannous-but neither Buchanan Nor this Apolog can produce any one instance of our lawful Parliaments or Peoples taking on them in a judicial way in cold blood aud under formes of processe to punish or destroy their Kings Answ What if his adversaries shall be contented with a shorter processe shall supercede many formes of legality which use to be followed with other notorious Malefactors Is not this a brave Goliah that cometh out to defend the King 's sacred person when all which he at length can do is to defend him from being adjudged in a formal mode to losse his head and his Crowne that he shall not be called publickly as other Malefactors are to the judges barr and there be impannelled as a Tyrant and Traitor to God and the Countrey If this man deserve his wages let wise Men judge seing all know that there is greater difficulty in taking away Tyrants then in taking away other Malefactors And that hardly can such a legal way with all its formalities be followed with them which is followed with others And that sometimes some Malefactors though they were never Princes must be sentenced in a more brief manner and privately also and yet it is all one upon the matter if the man be guilty and really condemned by his judges And so it is all one if a Tyrant be adjudged worthy of death or deposition by a Parliament the Representatives of the People and accordingly cut off from government or out of the land of the living whether it be done by a publick Messenger with sound of Trumpet and by the hand of a publick lictor and executioner on a publick scaffold or by force of armes vvhen the former meanes cannot be saifly used nor so securely And it vvas not the insurrection of nobles as such but as proceres and primores Regni that were instanced and of lawful Parliaments such as were used in these dayes sentenceing and condemning Kings for tyranny and other misdemeanours Let him read the History of these times written by Buchannan and Grafton and he will finde it so particularly let him see and consider how Ferlegus was adjudged worthy of death but for Fergusius his Father's sake was only imprisoned and thereafter with the unanimous consent of all being suspected guilty of the death of Feritharis put from the Crowne see why Therëus when he had filled the land with robberies fled to the Britones Was it not because the Governours had a minde to punish him Was not Even the 3. put in prison Was not Dardan for his wickednesse and blood pursued by nobles and People his head cut off his corps throwne into a jacks Luctatus at length was apprehenped and executed His sone Conarus in face of Parliment accused apprehended and shut up into a hall with some few attendants his ill counsellers executed and a Viceroy chosen till the People should meet to make a new King Were not the Primâ—res Regni about to have deposed Constantine the first for his vices had not Douglasse disswaded them because of their warres with the Britons and Saxons Was not Ferquard the 52 King summoned to compear before the Parliament and because he refused was he not brought to judgment against his will and accused of many crimes and not being able to purge himself was he not cast into prison This looks like an act and execution of justice done in cold blood under forme of processe So did the Primores Regni intend to have punished Ferquard the second had not Bishop Colman disswaded them Was not Eugenius the VIII for his filthy lusts and vices covetousnesse and cruelty slaine by the general consent of his Lords assembled By whom and for what was Donald the 70. King cast into prison Who forced Ethus brother to Constantine the II. and for what to renunce the Kingdome and shut him up in prison Was not Culenus summoned to compeare before a Parliament at Scone Now the Surveyer is in his strength and disdaining to meddle with the libeller as he calleth him he will
goe and reflect upon the magazine as he speaketh to Lex Rex who Quaest. 26. proveth by unanswerable arguments that the King is not above the Law but this Surveyer for all his big words dar not meddle with that debate but quarrelleth with a word Pag. 241. where that worthy Author is answering the objection of that Apostate Prelate Maxwel the Author of Sacrosancta Regum Majestas stollen from Arnisaeus which was this Why might not the People of Israël Peers or Sanhedrin have conveened before them judged or punished David for his Adultery and Murther Unto which he answered thus He taketh it for confessed that it had been treason in the Sanhedrin and States of Israël to have taken on them to judge and punish David for his Adultery and Murther but he giveth no reason for this nor any Word of God and truely though I will not presume to goe before others in this God's Law Gen. 9 ver 6. compared with Numb 35 ver 30 31. seemeth to say against them Nor can I think that God's Law or his Deputy the judges are to accept the persons of the great because they are great Deut. 1 ver 17. 2 Chron 19 ver 6 7. aud we say we cannot distinguish where the Law distinguisheth not The Lord speaketh to under judges Levit. 19 ver 15. Thou shalt not respect the person of the poor nor honour the person of the mighty or of the Prince for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth I grant it is not God's meaning that the King should draw the sword against himself but yet it followeth not that if we speak of the demerite of blood that the Law of God accepteth any judge great or small And if the Estates be above the King as I conceive they are though it be a humane politick constitution that the King be free of all coaction of Law because it conduceth for the peace of the commonwealth yet if we make it a matter of conscience for my part I see no exception that God maketh if men make I crave leave to say à facto adjus non sequitur Thus that worthy Author and could he have uttered his judgment more spareingly and soberly in a matter that was not of great Moment to the question in hand so that though he had forborne to have spoken any thing to this at all his cause had not been in the least weakened and though we should grant that the Sanhedrin could not have judged David for these facts which yet we can cannot do what losse shall we have Seing we may easily grant and Lex Rex with us Pag. 243. that Tyranny only must unking a Prince and these acts were not acts of Tyranny and what shall this vaine Surveyer gaine then Why would he not examine other things which that worthy Author sayd more apposite to the cause Will not wise men laugh at this dealing and account him a fool in the first magnitude in handleing such a cause which so nearly concerneth his Majesties life after such a manner that a very school-boy may smile at Then he addeth So Pag. 348 and 428 and 238. and often elsewhere he that is Lex Rex will have the Estates executing the moral Law as he calls it on the King and punishing him and why because he sayes most thrasonically Pag. 460. I have unanswerably proved that the Kingdome is superior to the King and the People may be their owne judge in the tribunal of necessity Answ Lex Rex in two at least of these pages cited speaketh no such thing and if this Surveyer were not more windy and vaine then ever Thraso was he would not speak so of that Author till first he had discovered the answereablenesse of these arguments which neither he nor any of his complices shall ever be able to do But this Epicompothrasibombomachides will force a beliefe upon the world that with this very adverb thrasonical diffavit omnes in Castris Gurgustodianis and cry to his enchanted fraternity to sing Jo pan at his invention But what sayes he to all this 1 sayes he what should he meane to make it conduceable to the peace of the commâ—nwealth that the King be free of the coaction of Law and yet not so if it be made a matter of conscience is the preservation of the peace of the commonwealth no matter of conscience to him Or is not the constitution freeing the King from coaction of Law for that end warrantable Ans Doth not this ignoramus know that a question of this nature may be considered and answered politically and theologically And that many things may be tolerated or forborne in poynt of policy upon politick grounds and ends which if considered stricto Iure according to conscience should not be forborne nor tolerated David in point of policy did forbear to execute the Law upon the Murtherer Joab whom yet in poynt of conscience he accounted a man of death and therefore recommended the execution of the Law of God unto his Son Solomon and this toleration or forbearance may be lawfull or unlawful according to the weight of the matter tolerated or forborne and the nature and weight of the grounds in policy upon which this forbearance is determined So that though we should suppone it lawful for a Commonwealth to enact and determine in Law that their King should not be questioned for one single act of Murther or Adultery as other persones are Yet in poynt of conscience if the question be stated in thesi whether a King may be questioned for one single act of Murther and Adultery as another private person it may be answered affirmatively because the Law of God makes no exception of persones 2. It may be made a matter of conscience to make the King free of the coaction of Law in some small and inconsiderable particulars because of the probable hazard into which the Commonwealth may be brought by coërcing of him which all the value of the particular anent which the coaction is exerced will not countervaile But it will never be allowed in poynt of conscience to make him free of all coaction of Law so as he may without control murther millions destroy and waste Religion For that were not conduceable to the peace of the Common-wealth but a ready way to destroy all So that a constitution freeing the King from all coaction of Law how ever pretended for the preservation of the peace of the Common-wealth can never be warrandable For that were to make him actu primo and in actu signato a Tyger a Lyon a waster of the Commonvvealth if his good Nature should incline him to good peaceable things yet no thanks to the constitution Whereas he would make his reader beleeve that the Kings of the jewes were under no coërtion let him consider what Zuinglius sayeth explan art 42. Tom. 1. oper where he expresly sayeth That the Kings of the jewes and others
when they dealt perfidiously contrare to the law of God might be lawfully deposed by the people Yea he tells us that whiles wicked princes and Kings were not removed all the people were punished of God which he proveth by Ier. 15 1. to ver 6. and a little thereafter tels us that if the children of Israel had thus deposed Manasseh they had not been so grievously punished with him Yea Schikcardus in his jus regium hebraorum Cap. 2. Theor. 7. tells us Pag. 56. 57. out of the Rabbines that the Kings of the jewes might have been called to an account punished for transgressing of the law by the Sanhedrin especially if they took moe wives and moe horses then vvere allowed and heaped up riches for these causes he proveth Pag. 60. out of Hal. melach c. 3. § 4. Halach Sanhedr cap. 19. Talmud cap. Kohen gadol Siphri pars schoph That they were to be scourged And histories show us How this Sanhedrin even in their weak and declineing times were loth to quite with this power and therefore did question Herod who was set over Galilee by the Romans for some murther committed by him see the history set forth by Iosephus Antiq. lib. 14. c. 17. And if any should object that Casaubon ad annal Eccles exerc 13. n. 5. hath proved the contrary out of the Talmud The forecited learned Shikchardus Pag. 63. 64. sheweth out of the very places cited by Casaubon how he was mistaken and how the Kings of David's line both did judge and were judged 2. Sayes he It is good that this Metaphisical Statist was no Chief Priest or member of the Sanhedrin in Davids time for he would have afforded a corrupt exposition of the Law to cut off the King What sots were the Priests Prophets at that time that did not instigate the Sanhedrin This man could have told them that they were above him and they were bound to execute the Law upon him Answ It was good that this superlatively irrational parasite and infraphysical fooll was not breathing in these dayes for he would have told Kings you may Kill murther massacre destroy all the land Man Wife and Childe without the least fear of resistance and have told the People the Sanhedrin and all the Elders of Israel though your Kings turn butchers and destroyers of the People of God worse then ever Nimrod or any that ever breathed since his dayes you have no more to do but hold up your throats or flee to the uncircumcised out of the inheritance of the Lord. But what sayes all this to the thing Doth this pove that David or any King was excepted in the Law of God Where In what chapter or what verse shall we finde this Good Master prelate tell us or where we shall finde it in your book of wisdome 2. We finde not that any of the Priests or Prophets reproved David for spareing Ioab that murtherer who shed the blood of war in peace 2 King 2 ver 5. was it therefore right in David to have spared him Sure they might well have told David that though Ioab was a great man yet he was above him to punish him as well as another Man for his sin and in poynt of conscience and by God's Law he was bound to do it These sinful acts of Ioab were more notoure then what David had done in secret And because we finde not that he vvas reproved upon this account shall vve therefore use this Man's dialect and say What 's sots or coldrife senselesse Men were the Priests and the Prophets of that time who did not instigate David to execute the Moral Law on Ioab that wrath might be turned away from the Land 3. He tels us that the author of Lex Rex Vtterly mistakes the meaning of the Word of God Gen. 9 6. as for the other texts they clearly concerne Magistrats only toward such over whom they have power but does neither instigate the inferiour Magistrates against the Superiour nor the People against any of them where it is said he that sheds mans blood by man shall his blood be shed Ans 1. The author of Lex Rex doth not say that these places do instigate the inferiour Magistrats against the superiour nor the people against both but that they poynt forth the Magistrate's duty to judge righteous judgment and to accept no Mans person be he a Prince or be he a poor Man And if they concerne Magistrates toward such over whom they have power The author of Lex Rex seeketh no more for he had proved and this vaine windy man hath not the head though he want not a heart and good will to it to ansvvere his arguments that the Estates and Representative of the People have power over the Prince 2. It is a hard censure to say that he hath utterly mistaken the meaning of Gen. 9 ver 6. Let us hear how Concluding hence sayes he that there is here a precept that the blood of every man though he be in the supreame power should be shed by his inferiours if he shed blood innocently and without cause Answ But this is not the conclusion that Lex Rex draweth from the place He only sayeth That in this place there is no exception made of the Prince though he be the Supreme power And can this Man for all his skill demonstrate the exception Lex Rex said not that his blood should be shed by his inferiours but by the Estates of the land who are his superiours what way then hath he mistaken the meaning of this word What furder Supposeing says he this word not only to be predictional but also diatactick and perceptive there must be meet limitations of the sentence both in the subject and attribute Grants all what limitations will he have in the subject that sheds mans blood It is to be understood says he only of such as have no authority and do it out of private revenge for we must not owne the fancies of Photinians and Anabaptists that condemne lawful warres and capital punishments Answ This is good and granted for we say that even the King when murthering unjustly acteth as a private person and is prompted by his revenge did he suppose that Lex Rex was a Photinian or Anabaptist If not why did he trouble himself with this But what sayes he to that which he cals the attribute Certanely sayes he taking the word as a precept It is not meant that it is the duty of every man or any man indifferently to shed the blood of the person who sheds innocent blood but of the Magistrate who is judge above him All interpreters are agreed that here is if not the institution yet the approbation of the office of the civil magistrate Answ Did the author of Lex Rex say that it was the duty of any man indifferently to punish capitally shedders of innocent blood said he any thing against agreement of interpreters concerning the institution or approbation of the office of
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
so must be a precedent example for judges and Magistrates in all time coming and by this example any member of the Council might lawfully rise up and execute judgment on this wicked wreatch and his cursed fraternity who have brought by their apostasy and defection from the Covenant and cause of God the wrath and curse of God upon the land 2. That Phineas was the High Priest's sone we know and that he was afterward High priest himself is truth but that he was at this time a publick Magistrate or a member of the great Sanhedrin we see not It is true there were some Princes of the tribes men of renowne Numb 1. ver 16. but he is not mentioned among those neither were these the great Sanhedrin So these princes of the assembly Numb 16 2. were not the Sanhedrin which did consist but of 70 Members Numb 11. Nor was Phineas one of them And that congregation of the children of Israel mentioned Numb 25 6. amongst whom Phineas was ver 7. was not the Sanhedrin which we never finde as I remember so called but the whole body of the People who were then mourning partly for the sin commited and partly for the execution when the heads of the People vvere hanged up and a thousand moe killed by the judges at Moses his command for Paul 1 Cor. 10 ver 8. sayes there died of the plague tvventy three thousand and here vve finde there fell in all tvventy foure thousand Againe it is remarkable that this single act of Phineas in killing two persons is so much rewarded and taken notice of by the Lord yea more then the many who were killed by the judges ver 5. So that it seemes he was no publick Magistrate and that he did it with the approbation of Moses is probable but that Moses did command him we see not only we finde that the Zeal of God moved him and therefore is he highly rewarded though he was but the son of Eleazar the son of Aaron Yea that which the Surveryer citeth out of Deodat rather confirmeth this for Deodat calleth it an act of extraordinary zeal motion of God's Spirit and he addeth that Moses the Supreme Magisstrate did approve it but what needed this if he had been a Magistrate seing there was a command given to the Magistrates ver 5. and a command is more then an approbation Aquinas and Gerhard call him it is true a judge but we see no proof unlesse they could evince that he was a member of the Sanhedrin of which Gillespy speaks in his Aarons rod. lib. I. c. I. The Dutch Annotat. on Psal 106 31. Suppose him to have been no Magistrate but say that this fact was beside his ordinary calling His 2. answere is Pag. III. That suppose he had been a meer private person yet it could prove nothing because he did it with the approbation and good liking of Moses and so he is but the executor of that unanimous sentence Answ But not only is this not written but the scripture giveth another ground of his fact then any warrand or command of Moses And so his answere in rebus facti a non scripto ad non factum non valet consequentia is not to the purpose Now I say the scripture giveth another ground viz. his zeal for his God which is not spoken of the other judges who ver 5. were commanded of Moses to execute judgment yea that word Psal 106 30. then stood up Phineas and executed judgment clearely hinteth at more then his being a meer satelles Magistratus and the ample reward which was given him and the Lord 's counting it to him for righteousnesse speak some other thing then that he had a call of the Magistrate and was his executioner In the 3 place he sayes The cases are different for then was horrible idolatry and villanous whordome committed avowedly and with a high hand in the sight of the Sun and in way of open doing despite to God but it is not so now Answ Prudence might have taught him to have concealed this for it were easy to draw such a parallel as would make him afrayed if any did intend to follow that example For I am sure what ever he account of the present apostasy and how ever he mince it as no doubt zimri would have minced his uncleannesse when he justified the fact before the Council as he told us Iosephus said yet the apostasy and perjury is open avowed abhominable and villanous committed in the sight of the Sun in despite of God and maintained as right and lawful howbeit it be such as the very heavens may be astonished at For such open avovved malapert vvickednesse defection and perjury all things considered vvas never heard of in any generation Hovv our reformation aud confession of faith is maintained vve have heard and albeit he make all the change to be only a change of the exterior forme of Church government yet when he is before his judge he shall finde in the cup of this iniquity manifest avowed perjury overturning of the work of God destroying of the interest of Christ blasphemy near unto that unpardonable sin if not the very same in fathering the works of the right hand of the Most high on Satan open and avowed persecution of godlinesse opening of a gap to all licentiousnesse horrid iniquity increase of idolatry villanous and avowed whordome Sodomy atheisme and devilry and more wickednesse then tongue can tell or pen can paint out but is on clear record before the Lord. 4. Sayes he Let it be so that he was a meer private man and had no warrand from the Supreame Magistrate to do what he did his fact cannot warrand Men to attempt the doing of such acts unlesse they can shew as good warr and and approbation from God as he could Answ That he had God's warrand and approbation vve do not doubt but that it was such an approbation as was peculiar to extraordinary un-imitable acts is the thing in question we grant with him That God is the Lord of all Magistrates and of all men's lives can when it pleaseth him crosse ordinary rules and apppoynt some to execute his judgments extraordinariely but the question is whether every thing which the Surv. accounteth extraordinary is so indeed He may sayes he send Moses to kill the Egyptian Eglon to kill Ehud he should say Ehud to kill Eglon Elias to destroy companyes of men with fire from heaven or to kill Baal's Priests He may command Abraham to kill his sone Isaac he may excite David to a bloody duëel Sampson to murther himself Ans Will the Surveyer account these instances alike extraordinary and unimitable Sure Royalists will think that Ehud's killing of Eglon may warrand any private person now to kill a tyrant without title But I lay more weight upon Iohn Knox his distinction in this matter in his debate with Lithingtoun hist. of reformation Pag. 390. edit in fol. And as touching sayes Mr.
sealing and perfecting the Canon of Scripture hath so bound him up as that he will not or cannot now give such a Spirit unto any 2. The question rather is Whether now when the Canon is sealed and perfected examples of Zeal and valiant acting for God and his glory in times of corruption and wicknesse in actions not contrary to the Law of God registrated in Scripture be not for our use and instruction and imitable When Naphtaly wished that all God's People were as Phineas He concurreth with him In wishing that they may be filled with zeal to his glory as Phineas was but not that they should have the same exercise of zeal unlesse they could be certified of their warrand and calling to do so as he was Ans That he was certified of his calling warrand we doubt not but that he had such a call as no man now is capable of is the question he hath not yet cleared it The Apostles of Christ sayes he are to us examples of zeal for God in their Ministery but who will say that the acts which they Zealously did by virtue of their extraordinary calling as Peter's killing Ananias are for our imitation Answ Peter killed Ananias and Sapphira by a power of miracles which none now have Phineas did not kill the Prince and his whore by a power of miracles Their examples are imitable according to our power and the exigence of the like necessity and therefore Ministers should novv out of zeal use Church censures against such dissemblers when discovered And so we grant that to follow at the facts of them who have been truely Zealous for God were indeed an evil Zeal like the zeal of the Disciples Luk. 9 ver 54. and we shall willingly hearken to Peter Martyr's his words Loc. Com. Class 2. Cap. 9. and grant-that We must beware to confirme any thing which we vehemently and extraordinarily desire by the exemple of predecessours And that when we attempt the doing of any thing contrary to ordinary commands of God it is not enough to produce the example of others but we must search by what Spirit we are led lest under a specious pretext we follow carnal affection and prudence And yet say that in some cases private persons may execute â—udgement on Malefactors after the example of the Prophet Elias killing Baals Priests 1 King 18. Which fact Peter Martyr in the same place n. 4. defendeth thus I say it was done by the Law of God for Deut. 18. God decerned that the false Prophet should die and Cap. 17. the same is said of private Men and Women who would worshipe idols But Cap. 13. not only is death threatened against a seduceing Prophet but a command is added that no man should spare his brethren the Son of his Mother nor his son or daughter nor his dearest or most intimate friends Thirdly it is commanded that the whole city when it becometh idolatrous should be cut off by fire sword And Lev. 24. it is statuted that the blasphemer should not live to which we may adde the Law or equity of Taliation for these Prophets of Baal caused Iezebel and Ahab kill the servants of the Lord. He sayes it is true that King Ahab being present did consent and did not withstand but we see nothing in the text shewing that the Prophet founded his fact upon that consent It is true the King might have been so astonished by that prodigious sight that he durst not spurne against the Prophet and all the People But that for all this he gave any expresse command either through fear or desire to have raine or that the Prophet either sought or had his warrand and command for what he did we see no ground for it in the text More then Samuel had warrand of Saul when he killed Agag before his eyes whom he should have killed himself according to the command of God Thus have I answered all which this pamphleter hath said concerning Phineas his fact for what followeth to the end of his pamplet is not much to this matter hath been spoken to formerly and though I have done so I would not have the Reader to think that I do look upon that example of Phineas as a binding precedent in all times to all persons unlesse it be every way so circumstantiated as it was then And furder I suppose it will fully satisfy this Surveyer and stope his Mouth abundantly if I shall secure him from any such dag or dagger To which End because I can do no more I do heartily wish That none of God's People do in that manner defile their fingers on him or on any of his cursed fraternity to whom God is reserving if they repent not the vengeance of hell fire and possibly a visible stroke of justice on Earth in a way which will be more to the glory of God and to the satisfaction of all such as love his cause and his comeing CAP. XXI Some Animadversions upon the Surveyer's Virulent preface and Title-page WHen thus we have fully examined and confuted vvhat this Enemy hath said in this part of his Survey It will not be amisse till we see what he sayes further in the following part or parts of this infamous work of his to touch a little upon his Title-page and his most bitter and satirick preface which is a perfect proof of the man's Spirit for he cometh forth in his owne colours with his tongue speaketh no flattering words nor words of butter but both heart and tongue are full of gall and worm word So that his Name should not be Honeyman but Wormwood-Man or Man of gall 1. He calleth his work a Survey Or rather a Superficial view For No man who ever put pen to paper took such an overly look of the books which he pretended to answere as this Man doth of these books which he mentioneth in the title page of his scurril pamphlet as hath been abundantly already shewed And if he do no more in the following part or parts then he hath done in this first part he may deservedly bear the name of a Superficial prelate superficially viewing his adversaryes forces superficially managing the tottering cause for which he should have been superficially rewarded 2. A Survey of what Of the insolent and infamous libel Entituled Naphtali c. But whether his railing pamphlet or Naphtali do best deserve the title of an insolent and Infamous lybel let the Reader judge when he hath considered first that as Naphtali came forth without the author's or printer's name prefixed for which every one may be convinced there was sufficient reason seing such hath been and is the wickednesse and cruelty of corrupted tyrannical Courts and of none more then our Court novv in being that none durst without manifest hazard openly rebuke in the gate or in printe shevv the iniquity of their vvayes Yea Or vindicate such as oppose their tyranny and cruelty So doth this Survey vvhose author could be
under no rational feare from the povvers novv in being for his advocating their cause seing he hath been so richly revvarded for the same as is sufficiently knovvne And therefore his Survey deserveth much more to be tearmed Libellus Famosus seing notwithstanding of the warrand Yea reward of the Magistrates he dar not owne it by prefixing his name to it Nor dar the very printer prefix his name Next the nature of Naphtali's discourse is but an historical deduction of the troubles the Church of Scotland in her reformation hath met with at the hands of a popish prelatical and Malignant faction with a necessary vindication of the truth which is allovved to all historians that thereby truth may be the more cleared and the Readers more edifyed by the history And who ever heard such a faire and cleare deduction of Matters of Fact together with a few reasons here and there cast in for the Readers further â—atisfaction called an Infamous lybel till this impudent ignoramus arose And as for his pamphlet do not all see who consider either its scope or its method or the vvhole straine of the discourse that it can be tearmed nothing else then a most impudent insolent and infamous libel being not only larded with bitter invectives against the Cause and People of God and railing speaches more suteable if suteable for any rational creature for open scolds and brawling wives then for a man unlesse he except such a man as hath by perjury and more then feminine levity declared himself by his owne grant to be one of a debauched conscience but also tending most falsly to father on the honest people of God such things as never came into their mindes Whereby this railing Rabshakeh proveth himself to all sober judicious persons to be an impudent lying calumniator and his pamphlet a more then ordinarily insolent base lying and infamous libel 3. He tels us that in his Survey several things falling in debate in these times are considered But by vvhat vve have said vve have seen that such things as he hath in the preceeding chapters considered for the most part are either such things as should be put beyond debate by all who have not renunced Humanity Reason Religion or such things concerning which himself hath needlesly and foolishly as it may be his rewarders will finde moved the debate unlesse he bring some other things above board in the next part or parts then we see in this 4. Moreover he tells us that here some doctrines in Lex Rex Apol. Narration he should have said relation are brought to the touch stone But if in what he hath furder to say he mention not some other doctrines then what we see in 〈…〉 every rational Man vvill see that he hath rather brought some drops then doctrines of these books to any touch stone yea even to the touch stone of his owne unsolid and buttery fancy for his Reason hath no pallat to taste truth aright 5. In this 1. part he tels us that He Represents the dreadful aspect of Naphtali's principles upon the powers Ordained of God and detects the horrid consequences in practice necessarily resulting from such principles But more truely the dreadful state of his owne distempered braine both in his judgment misunderstanding what Naphtaly sayes and in his ratiocinative faculty giving us nothing but non-sequitur's for clear consequences And the manifestly dreadful aspect which his owne principles have on all Commonwealthes and on all Rational and Religious persons together with the affected stile of a base ignorant gnatho Time serving parasite Royally rewarded court flatterer who having a latitudinarian's conscience or rather a conscience utterly I wish not irrecoverably debauched maketh no conscience what he sayeth if he can please King and Court And how pernicious such Sycophants have been to Kings in all ages histories sufficiently declare 6. Then he praefixeth Iob 13 ver 7 9 11. will you speak wickedly for God c. A passage which most fitly quadrats with him unlesse he say he intendeth not to plead for God but for a creature yea and upon the matter for the devil who as Job's Friends conspired against Iob and maintained a wrong thesis erred no lesse in the hypothesis or in the application to Iob so he conspireth with other Royalists to defend erroneous and long-since decarded theses and maketh as evil applications to our present case as hath been shewed His discourse sheweth to all that he is an accepter of persons not secretly indeed but openly and so this forger of lies speaks wickedly for the King who is very like all his God But we are confident God shall search him out and reprove him Then he prefixeth Psal 144 ver 10. It is he that giveth Salvation unto Kings who delivereth David his Servant from the hurtful sword A noble truth which all Kings would look to and if they expected any good of this good word would â—ay out themselves for this God and this 〈◊〉 and not stand in opposition against him lest they fince that he who is terrible to the Kings of the Earth Psal 76 ver 12. And Made higher then the Kings of the Earth Psal 89 ver 27. Shall not spare but strick thorow Kings in the day of his wrath Ps 110 5. And finde a way to make good that Psal 149 v. 5 9. For the Lord â—aketh pleasure in his people he will beautify the meek with salvation let the saints be joyful in glory let them sing aloud upon their beds let the high praises of God be in their mouth and a two edged sword in their hand to execute vengeance upon the heathen and punishments upon the people To binde their Kings with chaines and their Nobles with fetters of iron To execute upon them the judgment written This honour have all the saints praise ye the Lord. But it is to be observed that by his bringing forth of this place of scripture he vvorld make the vvould beleeve that the party he opposeth is thirsting for the life of the King which is but this false calumniator's fiction we shall make use of the very next words of that same Psal 144. v. 11. say Rid us and deliver us from the hand of strange Children whose mouth speaketh vanity and their right hand is a right hand of falshood And in the last place prefixeth Proverb cap. 24 ver 21 22. My Son feare thou the Lord and the King and meddle not with them that are given to change c. And doth he account himself and his party fearers of God who have so Apostatized and palpably perjured themselves and doth he think that such as feare not God can ever fear the King aright If he do he is mistaken And who are most given to changes They or we let the World judge What was this impudent man's brazen face doing while he wrote downe this passage What was his debauched conscience doing Was there no blushing Was there
but it wanted its poynt as for your sting in your taile it will not hurt much and we know who is King over such locusts even the angel of the bottomelesse pit Rev. 9 ver 11. Now this stinging locust comes to compare Naphtaly to Hecuba but any who reads Naphtaly finde him not barking as a mad bitch but speaking the words of truth and sobernesse with such strengh of reason as transcendeth this distempered man's capacity to understand otherwise he had never made such a comparison Then he tells us that A toothlesse defence might possibly tend to harden him and his complices and breed suspicion of some signes of diffedence distrust and timorousnesse in owning of the cause against him I beleeve this defence hath as many teeth as he could put in it but for all that it can be called nothing else then a toothlesse defence because it is nothing but a bundle of sharp tooth'd words without any reason and because we see now all that he and his party can say against the truth which we maintaine we are indeed thereby the more confirmed therein and we do not suspect him of diffidence distrust and timorousnesse that his cause is not better defended knowing how bold and audacious he is but we know that an ill cause cannot be well defended though never man hath defended it worse then he hath done though better rewarded then many 13. The good man turns Neptune at length saying Sed motos praestat componere fluctiu and then sayes It will be fitter to consider what becomes us to utter then what he is worthy to hear Then it seemeth we should exspect a very calme sea but the waves of his passions have not been setled for all his Neptun authority Therelyes sayes he a tentation in these name lesse writtings which therefore it is to be wished were not in use to exceed in passions and to utter words incognito that will not be stood to The iniquity of the times and the rage of princes vvho vvill not hear the truth is a just cause why some should speak and write agaist them incognito which likewise was the cause moveing Elisha to suspende the sending of his free faithful letter to Iehoram a bloody Tyrant till after his own death but why this man should send out a namelesse writting none can tell unlesse because either he was ashamed of the cause or of his weak managing of it or else because he hath a minde to exceed in passion and nons-sense and none should know that it was A. H. P. O. who spoke so But he tels us that he hath not so learned Christ as to render revileing for revileing knowing that mans wrath works not the righteousnesse of God The contrary whereof every reader of his pamphlet vvill see therefore he doth well to adde some times it is for peoples edification to see the due characters of such as lead them out of the way But vvhy should he then be offended if any should shew his characters vvho is a manifest perverter of the right vvayes of the Lord and laboureth vvhat he can to lead people out of the good old way wherein our fathers and we have formerly walked with peace comfort and joy But this is our advantage that he and his fraternity are already so vvell known and their characters so legible that few or none are in great hazard to be led away with them Then he tells us that so farr as kumane infirmity permits the truth shall be searched after spoken to in love all bitternesse wrath anger clam â—nr with all malice being put away But sure we are then his humane infirmity is very great and strong which carryeth him to search rather after error and to speak it in hatred all bitternesse wrath anger clamour with all malice being returned and that in their strength of which the man's conscience was in part convinced when he addeth But if any thing he should have said a most every thing aculeat pungent he should have said bitter and invective do escape or rather of choise be affirmed It not being used in any privat cause or quarrel but in the publick concerns of truth rather errour of the Church of God really of the coetus Malignantium the apostate crue of the popish prelatical and malignant faction and of the sate of the commonwealth rather against the commonwealth and for tyranny the bane of all common-wealths nor proceeding from any private revenge if not from this which many will doubt of yet certanely from the love of gold or Balaam's reward it will at least be excused by the judidicious and wise Sure we are excuse it who will the righteous judge will call him to an account for it and we are perswaded that none either truely judicious or wise will think him excuse worthy But to shew that he hath no privat reveinge he addeth in a parenthesis That there is room enough in his fraternal affection for any who will leave their unchristian sanguinary and inhumane wayes But his affection is like the devils who would have all damned with himself and we are sure come to his way who will they shall leave their Christian peacable humane wayes and choise unchristian sanguinary and inhumane vvayes Then the falleth a vvishing that his aculeat sayings may prick the libeller to repentance for these things But he should knovv that charity beginneth at home and he should rather vvish that himself were brought to repentance for him shameful apostasy and perjury and his thus studying to maintaine a corrupt course whereby he hath indeed exposed himself to shame though the hardnesse of his heart be such as that the knoweth not what it is to blush 14. In his following discourse he laboureth to shew how palpably and closely Naphtaly trades in the footsteps of the old Anabaptists though He will not say that he and his complices are arrived to the owneing of the highest mysieries of that sect in the poynt of Enthusiasme and Libertinisme nor that they are so cruel as to exclude Christian infants from their birthright privilege of Baptisme Yet he sayes It is worthy to be considered how far the common demand of expresse command or example in Scripture for Episcopacy may reach the Anabaptists conclusion concerning infants And so with him all who require either command or example for any new ordinance of Christ so alleged must be Anabaptists This man is of very lax principles certanely and more then a latitudinarian that will not suffer us to enquire after a command or example of Episcopacy when he and his party alledge that it is an ordinance of Christ must we take all things for ordinances of Christ which he and his old father the Pope of Rome say are ordinances of Christ But why doth he call from us for any expresse command or example in Scripture for resistence of Magistrates Doth not this also reach the Anabaptists conclusion But his eyes seeth not it self Furder he
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
and resolved not to returne to their owne houses ver 8. until these Children of Belial in Gibeah had been executed and evil was put away from Israel Cap. 13 v. 2. To say that this speaks not to our case is but to wrangle for sure if we should suppose that Benjamin had been maintaining their integrity and the true worshipe of God against the generality of the People who had turned idolaters and had raised war against them because they would not depart from their profession would he have condemned the minor part for standing to their defence in this case Or if they should have joyned together to have hindered the defection of the major part or removed the corruptious that were prevailing would he have condemned them Sure this is not improve Scripture a right but rather to elude it for there is not the least shaddow that the stresse of the matter is laid on this that they vvere the major part Finally he cometh to Achan's case Jos 7. and tells us That there is nothing in it to justify private persones rising against the Magistrates and plurality of the people to avert the judgments of God for what was done to Achan was done by the Supreame Magistrat Josua Answer But Naphtaly only maketh use of this place to shew that our reformers had great reason to feare and tremble lest the manifest toleration of proud cruel flattering Prelats and idolatrous Priests whose wickednesse and idolatry had corrupted the whole land might involve the whole Nation in destroying indignation since the wrath of God for the hidden and secret sin of one poor Achan suddenly and fearfully overtook the whole People and all the congregation of Israel so that that man perished not alone in his iniquity Now can any body deny this consequence But our Surveyer layeth downe againe his peremptory assertions without further proof and we have spoken to them already and need not repeat things so oft as he gives us occasion so to do otherwise we should follow this fool in his folly and weary the reader as he doth in repeating almost whole pages verbatim let any look and he shall finde the whole 61 page except some groundlesse jibes which do not help his cause nothing almost but repetitions We shall then goe on and draw forth our arguments from what is said to shew that the late act ought rather to be praised then condemned For 1. Thereby they were endeavouring according to their power and places as that exigent required when all doores were closed from essaying any other meane not only to defend themselves against manifest and intolerable injury and oppression but to save themselves their posterity and the whole land so far as lay in their power from the wrath and vengeance of God and the dreadful plagues and judgments that were and are to be expected for the dreadful and unparallelable apostasy and defection of a corrupt ministry Did God threaten that Zion should be plowed as a field and Ierusalem become as a heape That Iacob should be given to the curse and Israel to reproaches for the sinnes of a corrupt ministry and when our eyes did never see a more corrupt company who have partly apostatized from their sworne profession and partly are thrust in over flocks to the ruineing of their souls the corrupting of the truthes of God and to be a standing occasion of dreadful persecution unto them and when for this cause nothing could or can be looked for from the hands of a just and jealous God but wrath without remedy and judgment after judgment till we become as plowed fields and as heaps Can or ought these to be blamed who standing to their sworne profession were labouring in the integrity of their hearts to purge the land of these plagues and locusts that we might become a holy and pure Church unto the Lord and that the Lord might delight to dwell among us and for this end tooke their lives in their hands and essayed that now sole remedy seing there was no other meane left unto them whereby to attaine this noble End 2. When one Apostat city not taken course with according to the command of God would provoke God to anger against the whole assembly of God's People so that till it was destroyed he would not have mercy or compassion upon them was there not much more reason to feare that God's anger should burne against Scotland his covenanted People and that he should have no more mercy on us since there was such a dreadful defection in it whereof not only one city but many cities were in an eminent manner guilty having so foulely departed from their sworne truth and profession and openly and avowedly revolted from God and his wayes and since there was no other way imaginable to prevent this heavy indignation of God Shall any condemne these who our of Zeal to God's Glory and for the good of the poor land whereof they were members took their lives in their hands and did what lay in their power to have that corruption and apostasy removed and God restored to his honour and the land to it s Covenanted integrity 3. Since the backslideing and defection of a few members of a Society joyned together in a Covenant to God as his People brings vvrath upon the vvhole if timeous remedy be not used as the forecited places shevv Shall any condemne these vvho endeavoured according to their povver to prevent the destruction that vvas and is to be feared for the defection not of a fevv not of one poor Achan but of multitudes and that of all ranks and conditions 4. Did the people of Israel goe out as one man to prevent apostasy when they heard some rumore thereof in a part of their number and to take course with and purge the land of a crying evil that was committed in one of their cities who shall condemne these who lately went out with one heart and spirit to do what in them lay to remove the far-carryed-on defection and the dreadful evil of perjury and many other hainous crimes that did yet do abound whereof Many of all rankes were guilty even such as should have been by their publick places and stations eminently appearing on the head of these worthyes for the glory of God and the good of the whole Church and Kingdome 5. Seing the publick transgressions of Kings and Princes do hazard the whole Realme and Commonwealth as the instances formerly adduced do cleare How much reason have People of all rankes qualityes and conditions to be doing what lyeth in their power either to prevent and hinder that these iniquities be not committed which prove destructive unto the Land or labour by all meanes to have them done away when committed before the fierce anger of the Lord break forth And since it is not our and undenyable how our Kings and Nobles and other judges have revolted from a sworne Covenant Truth and Profession and openly and avowedly renunced the
interest of Christ and conspired against his truth and cause can any blame these worthies who endeavoured according to their power to have these crying abhominations remedyed that the wrath of God should not consume us root and branch and burne so as it should not be quenched What can be replyed to these reasons is sufficiently answered already and I would further propose this to be seriously considered by all let us put the case That King and Princes should conspire together to poyson all the fountains of water in the Land and lay downe a course how they should be keeped so and people should be forced to drink of these poysoned waters would not any rational man think that when no meanes else could prevaile People might lawfully with force see to their owne lives and to the lives of their little ones And shall we be allowed to use violent resistence for the lives of our bodyes and not also for the lives of our souls shall people be allowed to run together with force when they can no otherwayes keep the springs of water cleare for their owne lives or healths and of their posterity also and shall they be condemned for runing together to keep their Religion as it was reformed pure and uncorrupted Who but Atheists will say this Againe put the case That the Magistrates of some Brugh or City were about to do or had already done some publick prohibited bited action which would so irritate the Soveraigne or Prince that he would come with an hudge army and cut off the city man wife and childe would any in this case condemne the private inhabitants of that Brough or City if when no other mean could be essayed effectually to hinder the same they should with force either hinder them from doing that irritating action or if done should endeavour to remedy the matter the best way they could for the good of the City to prevent its ruine and overthrow and for their owne saifty and for the saifty of their posterity And why then shall any condemne the late defenders who when the Magistrate by their many sinful and publick actions had provoked the King of Kings to anger and jealousy against the whole land so that in justice they could expect nothing but the vvrath and vengence of God to root them out and their posterity laboured what they could to have the wrath of the King of Kings pacified and the wicked deeds provoking him remedied Would the Soveraigne in the former case account these privat persons traitours to their Magistrates and not rather more loyal Subjects to him then the Magistrates themselves And shall we think that the King of Kings shall account the late act disloyalty to the King and Magistrates and not rather commendable loyalty to him and faithful service There is another argument much of the Nature with the preceeding taken from the grounds of Christian love and affection whereby each is bound to preserve the life and welfare of another as he would do his owne and as each would have another helping him in the day when he is unjustly wronged and oppressed so he should be willing to helpe others when it is in the power of his hand to doe it according to that royal law of Christ's Mat. 7 ver 12. Luk. 6 ver 31. Therefore all things whatsoever ye would that men should do to you do ye even so them for this is the law and the prophets It is unnaturall and unchristian both to say am I my brother's keeper Sure he who helps not his brother against a murderer when he may do it is before God guilty of the man's blood Meroz and the inhabitants thereof were to be cursed bitterly because they came not out to the help of the Lord and his People against the mighty Iudg. 5. Was not David helped thus against the Tyranny and wickednesse of King Saul And honest Ionathan rescued from the hands of his bloody Father Prov. 24 ver 11 and 12. If thou forbear to deliver them that are drawne unto death and these that are ready to be slame If thou sayest behold we know it not doth not he that pondereth the heart considerit And he that keepeth thy soull doih not he know it And shall not herender to every man according to his work Now the text maketh no difference whether they be drawne to death unjustly by private persons or by Magistrates They are if they can do it with force to rescue such for so the word imports as I Sam. 30 18. 2 King 18 34. 1 Sam. 17 35. Hos 5 14. And this did famous Mr. Knox avow unto Lithingtoun in his discourse with him registrated in the history of reformation Hence it is that Ieremiah Cap. 22 23. cryeth to the People as well as to the King execute judgment and righteousnesse and deliver the spoiled out of the hand of the oppressour and though it be true as Calvin on the place sayeth that this did chiefly belong to the judges and Magistrates Yet when their proceeding in this course of oppressing of the stranger the fatherlesse and the widow and of shedding innocent blood would provoke God to execute what he threateneth with an oath ver 5. And make that house a desolation and prepare destroyers against it and the whole city ver 7 8. and when all this is spoken in the eares of the people it would seem to import that even they should have stood in the way of such oppression and delivered the spoiled out of the hands of the oppressour not have suffered innocent blood to have been shed especially when inferiour as well as Superiour Magistrates were oppressing and tyrannizing and were the only oppressours and wolves as we see Esa 1 21. and. 3 12 14 15. Micha 3 9 10. Ezech. 22 27. And many of the people conjoyned with them in the like as encouraged by their practice ver 29. see furder for this Isa 1 ver 10 17. Ier. 5 ver 2 5 6. But sayes our Surveyer Pag. 53. That such prophetical preachings uttered to the body of Rulers and People are to be understood as reproveing what was amisse in every one in their respective calling and as injoying such duties as might be done by every one salvâ justitiâ salvo ordine modulo vocationis but to say that they minded to condemne in People the grand sin of non-resistence to the oppressing Magistrates or to incite private persones to pull the sword out of the Magistrat's hand relieve the oppressed execute judgment on the oppressours even Magistrats as Lex Rex doth say Pag. 367 is not only a most fearful perverting of the most holy scripture but a doctrine that tends directly to horrid confusion utter subversion of humane societies Ans We shall easily grant that in those sermons every one was reproved for what was amisse in his respective calling and all were enjoyned to do what might be done by them according to their places and callings and