without sedition withhold the fruits profits which your false Bishops Clergy most unjustly received of yow Upon which he subjoins the preceeding Arguments Yet now a dayes these have no weight but such as refuse either to pay Oppressors exactions or Curats stipends are condemned for giddy fools Again we find that when they were challenged for duty they would never decline a declaration of its righteousness nor do any thing directly or indirectly which might seem a condemning of it And therefore they wold receive no pardons for these things which they could not confess to be offences Iohn Knox challenged for offending the Queen had her promise that if he would confess an offence his greatest punishment should be but to go within the Castle of Edinburgh and immediatly to return to his own house he refused absolutely But now if our Pardon-mongers prudent men had been so circumstantiate surely they could have helped themselves with their distinctions they might confess be pardoned for offending the Queen thô not confess it to be a fault in their Conscience But Mr Knox had not learned that then When they were pursuing the Murder of King Henry of Darnely the Queen finding her self not strong enough offers to forgive pardon that insurection The Earle of Morton in name of all the rest did not only refuse a Cessation but told her they would not ask a pardon But now sufferers for refusing of these base unmanly aswell as unchristian Complyances are much condemned Finally because this strictness especially in their severity against their Enemies may be accused of Iewish rigidity inconsistent with a Gospel Spirit of Lenity which also is imputed to the much condemned sufferers of Scotland at this time for their Testimonies against Toleration Liberty of Conscience Let us hear what Knox sayes whatsoever God required of the Civil Magistrate in Israel or Juda concerning the observation of true Religion during the time of the Law the same doth He require of Lawful Magistrates professing Christ Jesus in the time of the Gospel And Cites a large Testimony out of Augustine to this purpose And afterward objecting to himself the practice of the Apostles who did not punish the Idolatrous Gentiles he answers That the Gentiles being never avowed to be Gods people before had never received his Law and therefore were not to be punished according to the rigor of it to which they were never subject being strangers from the Commonwealth of Israel But if any think after the Gentiles were received in the number of Abrahams children and so made one people with the Jewes beleeving then â—hey were not bound to the same obedience of Israels Covenant the same seems to make Christ inferior to Moses and contrare to the Law of His heavenly Father for if the Contempt and transgression of Moses's Law was worthy of death what judge we the contempt of Christs ordinance to be And if Christ be not come to dissolve but to fulfill the Law of His Heavenly Father shall the Liberty of His Gospel be an occasion that the special glory of His Father be troden under foot and regarded of no man God forbid And therefore I fear not to affirme that the Gentiles be bound by the same Covenant that God made with His people Israel in these words Beware that thou make not any Covenant with the Inhabitants of the Land but thou shalt destroy their Altars c. When therefore the Lord puteth the Sword in the hand of a people they are no less bound to purge their Cities Countreyes from Idolatrie then were the Israelites what time they received the Possession of the Land of Canaan III. For the head of Resistence of Superior powers we have no clearer instances in any Period then in this where of the above mentioned hints give some account to which in their sentiments arguments may be here subjoined They prised and improved this principle so much that they put it in their Confession of faith Art. 14. To save the Life of Innocents to repress Tyranny to defend the oppressed are among the good works of the Second Table which are most pleasing acceptable to God as these works are commanded by Himself And to suffer innocent blood to be â—hed if we may withstand it is affirmed to be sin by which Gods hot Displeasure is kindled against the proud unthankful world And if there were no more to render the late Test of Scotland detestable that condemns all resistence of Kings upon any pretence whatsoever this may make all Christians all men abhor the contrivance of it that that same Test that confirms this Thesis doth also impose the Antithesis upon Conscience It obliges to this Confession in the first part of it and to deny it in the Latter But no wonder that men of feared Consciences can receive any thing thô never so contradictory to it self And that men who deny sense and that principle irradicated in humane nature may also deny Conscience make a fool of it in sowdering Contradictories But not only did our Reformers assert this Truth for which now their children adhering to their Testimony suffer both rage and reproach but also gave their reasons for it As 1 Mr Knox in his first Conference with the Queen argues thus There is neither greater honour nor obedience to be given to Princes than Parents but so it is that the father may be stricken with a phrensie in the which he would slay his oun children now if the children arise take his weapon from him bind his hands do the children any wrong It is even so with Princes that would murder the Children of God subject to them their blind zeal is nothing but a very mad phrensie and therefore to take the sword from them and cast them into prison till they be brought to a more sober mind is no disobedience against Princes 2 In his Conference with Lithingtoun he proves the same point from the consideration of the justice of God punishing the people for not resisting the Prince The Scripture of God teacheth me saith he Ierusalem Iuda were punished for the sins of Manassoh If you alledge they were punished because they were wicked and not because the King was wicked the Scripture sayes expressly for the sins of Manasseh yet will I not absolve the people I will grant the whole people offended with their King but how to affirme that all Iuda committee the acts of his impiety hath no certainty who can think that all Ierusalem should turn Idolaters immediatly after Hezekias notable Reformation One part therefore willingly followed him in his Idolatry the other suffered him so were criminal of his sin even as Scotland is guilty of the Queens Idolatry this day In the same Discourse he makes it plain that all are guilty of Innocents murder who do not oppose it from Ieremies words in his defence before the Princes Know ye for certain if ye put me to death ye
advanced that the Government of the Church by Congregational Elderships Classical Presbyteries Provincial National Assemblies is aggreed upon by the Assembly of Divines at Westmnster and voted concâ—uded in both houses of Parliament After this the Malignants in England being crushed in all their Projects the King renders himself to the Scots in New castle by whom because by Covenant they were not obliged to defend him but only in defence of Religion Liberty which he had been destroying and they defending because in this war he did directly oppose oppugne these conditions under which they were only to defend him and therefore they had all alongst carried towards him as an enemy as he to them And because by the same Covenant they were obliged to discover render to condign punishment all Malignants Incendaries of whom he was the chief and to reâ—ain the Peace Union of the Kingdoms which could not be retained in maintaining their destroyer And to assist mutually all entered into that Covenant which he was fighting against he was delivered up into the English and kept under restraint in the Isle of Wight untill he received his just demerit for all his oppressions Murders Treachery Tyranny being condemned execute Ianuar. 30. anno 1648 9 Which fact though it was protested against both before after by the Assembly of the Church of Scotland out of zeal against the Sectarians the executioners of that extraordinary Act of Justice yet it was more sor the manner than for the matter and more for the motives ends of it than for the grounds of it that they opposed themselves to it and resented it For they acknowledged remonstrated to himself the Truth of all these things upon which that sentence execution of Justice was founded And when a wicked Association Unlawful Engagment was on foot to rescue him they opposed it with all their might Shewing in their Answers to the Estates that year 1648. and Declarations Remonstrances the sinfullness destructiveness of that Engagment that it was a breach of the Commandments of God of all the Articles of the Covenant Declaring withal they would never consent to the Kings Restitution to the exercise of his Power without previous assurance by solemn Oath under his hand seal for settling of Religion according to the Covenant By which it appears they were not so stupidly Loyal as some would make them Yet indeed it cannot be past without regrate that there was too much of this plague of the Kings-evil even among good men which from that time forth hath so infected the heads hearts of this Generation that it hath almost quite extinct all Loyaltie to Christ and all zeal for Religion Liberty Then it began to infuse diffuse its Contagion when after the death of Charles the first in the year 1649. they began after all that they had smarted for their trusting these treacherous Tyrants and after that Grace had been shewed them from the Lord their God by breaking these mens yokes from from off their necks and puting them again into a Capacity to act for the good of Religion their oun safety and the peace safety of the Kingdom to think of joining once more with the people of these abominations and taking into their bosoms these Serpents which had formerly stung them almost to death Hinc ilâ—â— lachrimae en origo Scaturigo nostrae defectionis There was indeed at that time a Party faithful for God who considering the many breaches of the Solemn League Covenant and Particularly by the late Engagment against England did so travel that they procured the Covenant to be renewed with the Solemn Acknowledgment of sins Engagment to duties which was Universally subscribed sworn through all the Land wherein also they regrete this tampering with Malignants And therefore the Lord did mightily save defend them from all their Adversaries subdued them at Stirling and in the North. They did also give warning concerning the young King that notwithstanding of the Lords hand against his Father yet he hearkens unto the Counsells of these who were Authors of these Miseries to his Father by which it hath come to pass that he hath hitherto refused to grant the just necessary desires of the Church Kingdom for securing of Religion Liberty And it is much to be feared that these wicked Counsellers may so far prevail upon him as to ingage him in a war for overturning the Work of God and bearing doun all those in the three Kingdoms that adhere therto Which if he shall do cannot but bring great wrath from the Lord upon himself throne and must be the cause of many new great Miseries Calamities to these Lands And in the same warning by many weighty reasons they prove that he is not to be admitted to the exercise of his power without security for Religion Liberty And when the bringing home of the King came to be voted in the Assembly there was one faithful witness Mr Adam Kae Minister in Galaway protested against it fore shewing fore telling what mischeef misery he would bring with him when he should come These things might have had some weight to demur the Nation from medling with that perfidious Traitor But all this serves only to aggravate the sin shame of that distraction which hath procured all this destruction under which the Land mourns to this day That notwithstanding of all these Convictions warnings yea and discoveries of his Malignancy Treachery inclinations to Tyranny They sent Commissioners and concluded at Treaty with him at Breda During which Treaty the Commissions which he had sent to that bloody villain Montrose his Cut throat Complices to raise an Armie wast invade the Countrey with fire sword the second time were brought to the Committee of Estates discovering what sort of King they were treating with Whereupon after serious Consulting not only together but with the Lord And after many debates what to do in such a doubtfull case wherein all was in danger the Estates concluded to break off the Treaty and recall their Commissioners To which intent they sent an Express with Letters to Breda which by providence falling into the hands of Libberton a true Libertine false betrayer of his trust Country was by him without the knowledge of the other Commissioners delivered unto the King who consulting the Contents of the Packet with his Jesuitical Hypocritical Cabal found it his interest to play the fox being disappointed at that time to play the Tyger and dissemble with God man. And so sending for the Commissioners he made a flattering speech to them shewing that novv after serious deliberation he vvas resolved to comply vvith all their Proposals Where upon the poor cheated Commissioners dispatch the post back with Letters full of praise joy for the satisfaction they had received The Estates perceiving themselves
Christ come in as Partners in the same bargain with Antichrists Vassals And the Lords Ark hath a place with Dagon and its Priests Followers consent to it And the builders of Babel of Ierusalem ar made to build together under the same Protection and a sluce is opened to let the enemy come in like a flood which to oppose the Accepters cannot stand in the Gap nor lift up a Standart against them Liberty indeed should be Universally extended to all the Lords People as Cyrus his Proclamation was General who is there among yow of all His People his God be with him But a Toleration of Idolaters Blasphemers Hereticks as Papists c. is odious to God because it is contrary to Scripture expressly Commanding Idolaters to die the death and all Seducers Entycers to Apostasie from God to be put to death without pity and Commending all righteous Magistrats that executed Judgement accordingly as Asa Hezekiah c. yea even Heathen Magistrats that added their Sanction to the Lawes of God as Artaxerxes is approven for that Statute that whosoever will not do the Law of God and of the King judgement should be executed speedily upon him And in the New Testament this was never repealed but confirmed in that the sword is given to Magistrats not in vain but to be a terror to and revengers to execute wrath upon all that do evil among whom Seducers that are evil workers Idolaters are chiefly to be ranked being such as do the worst of evil to mankind Ephesus is commended because they could not bear them which are evil and Thyatira reproved for suffering Iezebel by which it appeareth that our Lord Jesus is no friend to Toleration It is true this is spoken against Church-men but will any think that will be approven in Civil Powers which is so hateful in Church Officers Surely it will be the duty honour of these horns spoken of Revel 17. to eat the whores flesh burn her with fire And shall that be restricted only to be done against the great Antichrist not be duty against the lesser Antichrists the limbs of the Great one It is recorded of Iulian the Apostate that among other devices he used to root out Christianity this was one that he gave Toleration openly to all the different Professions that were among Christians whereof there were many heretical in those dayes which is exactly aped by Iames the Apostate now for the same end It is also contrare to the Confession of faith Chap. 20. § 4. asserting that for their publishing such opinions or maintaining of such practices as are contrary to the light of Nature or to the known Principles of Christianity whether concerning Faith Worship or Conversation or to the power of Godliness or such erroneous opinions or practices as either in their oun nature or in the manner of publishing or maintaining them are destructive to the external Peace Order which Christ hath established in the Church they may lawfully be called to account and proceeded against by the Censures of the Church and by the power of the Civil Magistrate And therefore to accept of this Toleration is inconsistent with the Principles of the Church of Scotland with the National Solemn League Covenants Solemn Acknowledgment of sins Engagement to duties in all which we are bound to extirpate Poperie Prelacie c. With the whole tract of Contendings in the fifth Period above related and particularly by the Testimony of the Synod of Fife and other Brethren in the Ministry against Cromuels vast Toleration Liberty of Conscience mentioned above Pag. 76. for it is plain if it be not to be suffered then it is not to be accepted 10. Considering the Termes wherein it is offered they cannot make such a shameful bargain In the former Proclamation it is granted expressly under several Conditions Restrictions Limitations whereof indeed some are retracted in the Latter as the restriction of it to Moderate Presbyterians which would seem to be taken off by extending to all without reserve to serve God in their oun may but being evidently exclusive of all that would serve God in Christs way and not after the mode prescribed it is so modified and restricted that all that will accept of it must be Moderate Presbyterians indeed which as it is taken in the Court sense must be an ignominy to all that have zeal against Antichrist The Limitation also to private houses and not to out-houses is further enlarged to Chappels or places purposely hired but still it is stinted to these which they must bargain for with Councellors Shiriffs c. So that none of these Restrictions Limitations are altogether removed but the Condition of taking the Oath only yet it is very near to an equivalency homologated by the Accepters acknowledging in the Granter a Prerogative Absolute Power over all Lawes which is confirmed maintained by their Acceptance As for the rest that are not so much as said to be removed they must be interpreted to remain as the termes conditions restrictions limitations upon which they are to enjoy the benefite of this Toleration And what he sayes that he thought fit by this Proclamation further to declare does confirme it that there are further explications but no taking off of former restrictions Hence it is yet clogged with such provisions restrictions as must make it very nauseous to all truly tender 1 The restriction as to the Persons still remains that only Moderate Presbyterians and such as are willing to accept of this Indulgence allanerly and none other and such only whose names must be signified to these Sheriffs Stewards Bailifs c. are to have the benefit of this Indulgence wherey all the zealous faithful Presbyterians are excluded for these they will not call them Moderate and all that would improve it without a formal Acceptance and all who for their former diligence in duty are under the lash of their wicked Law and dare not give up their names to those who are seeking their lives must be deprived of it 2 It is restricted to certain Places still which must be made known to some one or more of the next privie Councellors whereby they are tied to a dependence on their warrand and must have their lease licence for Preaching the Word in any place and Field-Meetings are severely interdicted though signally countenanced of the Lord whereby the Word of the Lord is bound bounded and by this Acceptance their bloody Lawes against Preaching in the open fields where People can have freest access with conveniency safety are justified 3 The manner of Meeting is restricted which must be in such a way as the peace security of the Government in the practice thereof may not be endangered and again that their Meetings be peaceably held which is all one upon the matter with the bond of peace and binding to the good behaviour so much formerly
Test of their acknowledgment but they would not accept Deliverance on these termes that they might obtain a better Resurrection Which so enraged the Tygrish Truculency of these Persecuters that they spared neither age sexe nor Profession the tenderness of youth did not move them to any relenting in murdering very boyes upon this head nor the gray hairs of the aged neither were women spared but some were hanged some drouned tied to Stakes within the Sea-mark to be devoured gradually with the growing waves and some of them of a very young some of an old age Especially after the murder of the never to be forgotten Martyr Mr Cargil the multitude of merciless Sufferings upon this account cannot be enumerated which encreased far beyond all the former steps after the Lanerk Declaration which was burnt with great Solemnity by the Magistrats of Edinburgh in their robes together with the Solemn League Covenant which had been burnt before but then they would more declaredly give new demonstrastrations of their rage against it because they confessed and were convinced of its being conforme unto founded upon that Covenant And because the Incorporation of Lanerk did not because they could not hinder the publishing of it therefore they were threatened with the loss of their Priviledges and forced to pay 6000 Merks Upon the back of which the Sufferings of poor People that ouned the Testimony were sadder sharper and further extended than ever Some being banished for Souldiers to Flanders c. some to be sold as Slaves in Carolina and other Places in America to empty the filled Prisons and make room for more â— which were daylie brought in from all quarters and either kept languishing in their â—asty Prisons or Thiefes holes in bolts irons to make them weary of their life or dispatched as Sacrifices and led as dumb Sheep to the slaughter without suffering them to speak their dying words for beating of Drums or disposed of to Masters of Ships to be transported in Slaverie 5. Had they satisfied themselves with murdering them out of hand it would have been more tolerable and reckoned some degree of mercy in comparison of their malice which after all their endeavours to murder their Souls by ensnaring Offers enslaving Bonds blasphemous contradictory Oaths and multiplying captious Questions to catch the Conscience or at least vexe the Spirits of the Righteous whom they could not prevail with to put forth their hands into iniquity did proceed to invent all exquisite torments more terrible than death Some at their first apprehending were tortured with Fire-matches burning and for ever thereafter disabling their hands Then laid fast locked up in great Irons upon their legs where they lay many Moneths in the cold of winter without any relaxation Some were tortured with the Boots squeezing out the marrow of their legs Others with Thumbkins piercing bruising the bones of their thumbs And some tormented with both one after another and besides kept waking nine nights together by watchful Souldiers who were sworn not to let the afflicted person sleep all that time 6. All this Tyranny had been the more tolerable if they had kept within any bounds of colourable or pretended shadow of legality or in any consonancy to their oun wicked Lawes or exemplars of any former Persecutions But in an ambition to outdo all the Nero's Domitians Dioclesians Duke d' Alva's or Lewis de Grands they scorned all formes as wel as Justice of Law and set up monstrous Monuments of unprecedented illegalitie inhumanitie For when after all their hornings harrassâ—ngs huntings searchings chasings catchings imprisonments torturings banishments and effusions of blood yet they could not get the Meetings crushed either in publick or private nor the zeal of the poor Wanderers quenched with whom they had interdicted all harbour supply comfort refreshment converse or corrospondence and whom they had driven out of their oun all other habitations in Touns Villages or Cottages to the Deserts Mountains Moors Mosses in whose hags holes they were forced to make Dens Caves to hide themselves but that they would still meet for the Worship of God either in Publick though mostly in the cold winter nights or in their Private fellowships for Prayer Conference and to rescue their Brethren and prevent their Murder in these extremities would surprize and take advantages of the Souldiers now then They then raged beyond all bounds and not only apprehending many innocent persons against whom they had nothing to accuse them of but because they could not satisfie them in their Answers sentenced and executed them all in one day and made an Act to do so with all but allowed the bloody Souldiers to murder them without either Tryal or Sentence Especially after the Apologetical Declaration affixed on the Church-doors they acted with an unheard of Arbitrariness For not only did they frame an Oath of Abjuration renouncing the same but pressed it universally upon pain of death upon all men women in City Country and went from house to house forcing young old to give their judgement of that Declaration and of the Kings Authority c. to ridicule and reproach and make a Ludibrum of all Government yea impowered Souldiers common Varlets to impannel Juries condemn cause to be put to death innocent Recusants and having stopt all Travel Commerce without a Pass signifying they had taken that Oath they gave power to all Hostlers Inn-keepers to impose Oaths upon all Passengers Travellers Gentlemen or Countrymen who were to swear that their Pass was not forged And Prisoners that would not take the Oath were according to the foresaid Act condemned sentenced execute all in one day and early in the morning that the People might not be affected with the Spectacles of their bloody Severities Yea Spectators also that gathered to see the execution were imposed upon and commanded to give their judgement whether these men were justly put to death or not And not only so but after that they gave Orders Commands to to the Souldiers to pursue the chase after these Wanderers more violently and shoot or other wise put them to death wherever they could apprehend them Whereby many were taken instantly most inhumanely murdered IV. In the begining of this killing time as the Country calls it the first Author Authorizer of all these Mischiefs Charles II. was removed by death Then one would have thought the Severity would have stopped And the Duke of York succeding in his late Proclamation would make the world beleeve that it never was his principle nor will he ever suffer violence to be offered to any mans Conscience nor use force or invincible necessity against any man on the account of his persuasion Smooth words to cover the mischiefs of his former Destructions and the wickedness of his future designs To which his former celebrated saying that it would never be well till all the south-syd of Forth were
at all to be ouned or received as His Lawful Ambassadours But the Prelats their Curats have all their power from a meer usurper on Christs Prerogative who is neither Member nor officer of the Church Ergo 2. It confounds the Mediatory Kingdom of Christ with subjects it to the Kingly Government of the world removes the Seripture Land Marks Limits between civil Ecclesiastick Powers in making the Governours of the State to be Governours of the Church and denying all Church Government in the hands of Church officers Distinct from independent upon the civil Magistrat which clearly derogats from the Glory of Christs Mediatory Kingdom which is altogether distinct from not subordinate to the Government of the world both in the Old Testament in the New. For they have distinct fountains whence they flow civil Government flowes from God Creator Church Government from Christ the Lord Redeemer Head King of His Church whose Kingdom is not of this world Iohn 18. 36. though for this end He came into the world that He should have a Kingdom there vers 37. They have distinct Objects civil Government hath a civil object the out ward man Church Government a Spiritual object men considered as Christians In the Old Testament the matters of the Lord are clearly distinguished from the matters of the King 2 Chron. 19. ult In the new Testament there are matters of Church Cognizance which do not at all belong to the civil Magistrate as in the case of offence they must tell the Church not the civil Magistrate Math. 18. 15. 20. In the case of Excommunication the Church is to act by virtue of the power of our Lord Jesus Christ 1 Cor. 5. 4 5. not by the Magistrats power In the case of Absolution the Church is to Iudge what Punishment is sufficient and what evidence of repentance is sufficient to remove it 2 Cor. 2. 6. 7. So in the case of Tryal ordination of Ministers c. None of these belong to the Magistrate They have distinct Natures The civil is a Magisterial the Ecclesiastick is a Minsterial Government the one is the power of the sword the other of the Keyes The one put forth in Political Punishments the other in Ecclesiastick Censures In the Old Testament the Magistrats power was Coactive by death banishment Confiscation c. Ezra 7. 26. The Church by puting out of the Synagogue interdiction from Sacred things c. In the New Testament The Magistrats power is described Rom. 13. to be that of the sword by punishment the power of the Church only in binding Loosing Math. 16. 19. They have distinct Ends the end of the one being the good of the Common wealth the other the Churches Edification In the Old Testament the end of the civil Government was one thing and of the Church another to wit to warn not to trespass against the Lord in that forecited 2. Chron. 19. 10. In the New Testament the end of Magistratical power is to be a terror to evil works a praise te the good Rom. 13. 3. but the end of Church power is Edification 1 Cor. 5. 5. 2 Cor. 10. 8. 2. Cor. 13. 10. They have distinct Courts of officers In the Old Testament the distinction of the civil Ecclesiastick Sanhedrin is known where there were distinct causes Persons set over them to judge them respectively 2. Chron. 19. ult In the New Testament we find officers given unto the Church 1 Cor. 12. 28. with no mention of the civil Magistrate at all And Church-Assemblies distinct from Parliaments or senats yea when the Magistrate was an Enemy determining questions that did not belong to the Magistrate at all Act. 15. we have Rulers distinct from the Rulers of the Common wealth 1 Thess. 5. 12. whom we are to obey and submit our selves as those who are accountable to Christ only for to whom else can they give account of souls Heb. 13. 17. we have Rulers inferiour to Labourers in word doctrine not to be honoured so much as they Sure these cannot be civil Rulers 1 Tim. 5. 17. we have Rulers commended for trying Impostors which were not Magistrats Rev. 2. 2. And others who are rebuked for suffering Hereticks ibid. vers 14 15 20. which supposes they had Authority to do it yet distinct from not depending on the Magistrate Besides from this confusion of the two Governments together and making the Supreme Magistrate to be Supreme Governour of the Church would follow many absurdities as that They who are not Church members should be Church officers even Heathen Magistrats yea women should be Church officers and none should be chosen for Magistrats but such as have the qualifications of Church officers Sic Apol. Relat. Sect. 12. pag. 190. Rectius Instruen Confut. 1 Dial. chap. 6. pag. 50. Hence they that in deriving their Authority do confound the tuo Governments civil Ecclesiastick and take it all from a meer civil power cannot be ouned as having any Authority of Christs Institution But the Prelats their Curats in deriving their Authority do confound the tuo Governments civil Ecclesiastick and take it all from a meer civil power This same Argument equally militates against hearing the Indulged Ministers who have taken a Licence warrand from the Usurper of this Supremacy because it is highly injurious to Christs Headship very contrary to to Presbyterian Principles clearly Homologatorie of the Supremacy plainly Prejudicial to the power of the people very much establishing Erastianisme Sadly obstructive destructive to the good of the Church wronging our cause ground of suffering Strengthening the Prelats hands contradictory to our Covenants Prejudging the Meetings of Gods people and heinously Scandalous offensive As is clear by unanswerably poven in the History of the Indulgence IV. There is a necessity that any man whom we may Joine with as a Minister must not only be a minister and a Minister cloathed with Christs commission then when we Joins with Him but He must also have a right to administer there where we Ioin with Him. Else we can look upon him no otherwise than a thief a robber whom Christs sheep should not hear Io. 10. 1-5 Now the Prelats Curats though they should he accounted acknowledged Ministers yet they have not a right to officiate where they have intruded themselves Hence we have several Arguments as 1. They who have no just Authority nor right to officiate fixedly in this Church as the proper Pastors of it ought not to be Received but withdrawen from But the Prelats their Curats have no just Authority or right to officiate in this Church as her proper Pastors Therefore they ought not to be received but withdrawen from All the debate is about the Minor which may thus be made good They who have entered into do officiate fixedly in this Church without her Authority Consent have no right so to do But the Prelats
that right priviledge which the people had conferred upon them being taught by many experiences that it was better that their Liberty should be concredited to Laws than to Kings better to have the Law which is a dumb King than a King who is not a speaking Law. If then Laws be necessary for the making of Kings and more necessary than Kings And the same cause requirs both then a King without Laws is not to be ouned Rex must be Lex loquens a King must be a speaking living Law reducing the Law to practice So much then as a King hath of Law so much he hath of a King and he who hath nothing of the Law hath nothing of a King. Magna Charta of England saith the King can do nothing but by Law and no obedience is due to him but by Law. Buchanan rehearses the words of the most famous Emperours Theodosius Valentinianus to this effect Digna vox Majestate regnantis legibus se alligatum Principem fateri revero Imperio majus ost submittere legibus Principatum It is say they a word worthy of the Majestie of a King to confess he is a tyed Prince to the Laws and indeed it is more to submit a Principality to the Laws than to enjoy an Empire But now that an absolute power must be a Lawless power is also evident for that 's a Lawless power that makes all Laws void needless useless but such is absolute power for it cannot be confined to the observance of Laws 9. That power which is destructive to the peoples Liberties cannot be ouned Absolute power is such for such a Licencious freedom as is absolute cannot consist with the peoples Liberties for these he may infringe when he pleases Now these in their oun Nature and in all respects being preferable to the Kings prerogative And it being no prerogative which is not consistent with yea in its oun nature adapted to the precious Interests of Religion Liberty when the Kings Absolute Authority is stated in contradictory terms to these we cannot oune that Authority for now he hath another Authority than could be given him for the preservation of these Interests in the preservation whereof he can only have an Authority to be ouned seeing he claimes a power to destroy them if he please 10. If we should oune Absolute Authority then we should oune a Royal prerogative in the King to make dispense with Laws Now that cannot be ouned for it would infer that the King had a Masterly Dominion over his subjects to make Lawes inflict Penalties without their consent And plain it is they that make Kings must have a Coordinate power to make Laws also but the people in their Representatives make Kings as is proven Next a prerogative to dispense with Laws except such Laws as are in their oun nature dispensable without prejudice to any Law of God or Liberties of men cannot be ouned for any power to dispense with Reason Law not grounded on any other reason but meer will absolute pleasure is a brutish power It cannot be jus Coronae a right annexed to the Crown to do so for a King as a King illud tantum potest quod jure potest can do nothing but what he may do by Law. Nay this is not only a Brutish power but a Blasphemous power making him a Kind of God on earth illimited that can do what he pleases And to dispute it further were to dispute whether God hath made all under him slaves by their oun consent Or whether he may encroach on the prerogative of God or not By this prerogative he arrogates a power to dispense with the Laws of God also in pardoning Murtherers c. which no man hath power to do the Law of God being so peremptorly indispensable Gen. 9. 6. whoso sheddeth mans blood by man shall his blood be shed Numb 35. 30. 31. Who so killeth any person the murderer shall he put to death more over ye shall take no satisfaction for the life of a murderer but he shall be surely put to death These pardons are acts of blood to the Community If the Judgment be Gods as it is Deut. 1. 17. and not for man but for the Lord 2 Chron. 19. 6. then no King can arrogate a power to dispense with it no more then an inferior Judge can dispense with the Kings Laws for the King is but a Minister bearing the Sword not in vain but as a revenger to execute wrath upon them that do evil Rom. 13. 4. They are but bastard Kings who give out sentances out of their oun mouth contrary to Gods mind And if he may do acts of grace by Prerogative above Law then may he also do acts of Justice so pretended by the same Prerogative and so may murder Innocents as well as pardon Murderers he may condemn the just as well as justify the wicked both which are alike abomination to the Lord Pro. 17. 15. This power cannot be ouned in any man. 11. To oune Absolute power were to recognosce the King as the proper sole Interpreter of the Law. This Buchanan shews to be very absurd Cum regi Legum interpretationem c. when yow grant the interpretation of Laws to a King yow give him such a Licence that the Law should not speak what the Lawgiver meaneth but what is for the Interpreters Interest so that he may turn it to all actions as a Lesbian rule for his oun advantage And so what he pleases the Laws shall speak and what he will not it shall not speak Now the Kings absolute pleasure can no more be the sense of the Law than it can be the Law it self He is King by Law but he is not King of Law No mortal can make a sense to a Law contrare to the Law for it involves a Contradiction the true meaning is only the Law. This also would take away the use of all Laws for they could not declare what were just unjust but as the King pleased their genuine sense could not be the rule 12. If we oune the Law to be above the King then we cannot oune the King to be absolute But the former is true For he must be under it several wayes 1 under its Directive power that will not be denyed 2 under its Constitutive power he is not a King by Nature but by Constitution Law therefore the Law is above the King because it s only from the Law that there is a King and that such a man and not another is King and that the King must be so so qualified and they that made him a King may also unmake him by the same Law. 3 under its Limiting Restrictive power as a man he cannot be absolute nor as a King by Law. 4 under its Coactive power A Law maker said King Iames the 6. should not be a Law breaker but if he turn an overturner of the fundamental Laws that Law or
where called and the year of redemption was a Iubile of joy so the freedom of release every seven years a great priviledge Ier 34. 9. but to be free of Government is a judgment Isai. 3. 4 5. it s threatened Israel shall abide without a King without a Prince Hos. 3. 4. In the Next place they cannot be ouned as Masters or Proprietors over the goods of the subjects thâ— in the case of necessity the King may make use of all goods in common for the good of the Kingdom For 1. The introduction of Kings cannot overturn natures foundation by the Law of Nature property was given to man Kings cannot rescind that 2. A man had goods ere ever there was a King a King was made only to preserve property therefore he cannot take it away 3. It cannot be supposed that rational people would choose a King at all if he had power to turn a greater Robber to preserve them from lesser Robberies oppressions would rational men give up themselves for a prey to one that they might be safe from becoming a prey to others 4. Then their case should be worse by erecting of Government if the Prince were proprietor of their goods for they had the property themselves before 5. Then Government should not be a blessing but a curse and the Magistrate could not be a Minister for good 6. Kingdoms then should be among bona fortunae the goods of fortune which the King might sell dispone as he pleased 7. His place then should not be a function but a possession 8. People could not then by their removes or otherwise change their Soveraigns 9. Then no man might dispose of his oun goods without the Kings consent by buying or selling or giving almes nay nor pay tribute for they cannot do these things except they have of their oun 10. This is the very Character of a Tyrant as described 1 Sam. 8. 11. he will take your sons c. Zeph. 3. 3. her Princes are roaring Lyons her Iudges are evening Wolves 11. All the threatenings rebukes of oppression condemn this Isai. 3. 14. 15. Ezek. 45. 9. Mic. 3. 2 3. Ahab condemned for taking Naboths vineyard 12. Pharaoh had not all the Land of Egypt till he bought it Gen. 42. 20. So the Land became Pharaohs not otherwise Yet giving and not granting that he were really a Master in all these respects Notwithstanding if he turn to pursue me for my life because of my fidelity to my Master his both will withdraw me from the service of the Supreme Universal Master I may Lawfully withdraw my self from his and disoune him for one when I cannot serve two Masters Sure he cannot be Master of the conscience Thirdly They cannot come under the conjugal relation though there may be some proportion between that and subjection to a Lawful Ruler because of the Mutual Covenant transacted betwixt them but the Tyrant Usurper cannot pretend to this who refuse all Covenants Yet hence it cannot be inferred that because the wife may not put away her husband Or renounce him as he may do her in the case of Adultery therefore the people cannot disoune the King in the case of the violation of the Royal Covenant For the Kings power is not at all properly a husbands power 1. The wife by nature is the weaker vessel but the Kingdom is not weaker than the King. 2. The wife is given as an help to the man but here the man is given as an help to the Common-wealth 3. The wife cannot limit the husbands power as subjects may limit their Soveraigns 4. The wife cannot prescribe the time of her continuing under him as subjects may do with their Soveraigns 5. The wife cannot change her husband as a Kingdom can do their Government 6. The husband hath not power of life death but the Soveraign hath it over Malefactors Yet giving and not granting his power were properly Marital if the case be put that the man do habitually break the Marriage Covenant or take another wife and turn also Cruel intollerable in compelling his oun wife to wickedness and put the case also that she should not get a Legal divorce procured who can doubt but she might disoune him and leave him for this case is excepted out of that Command 1 Cor. 7. 10. let not the wife depart from her husband meaning for mere difference in Religion or other lesser causes but Adulterie doth annual the Marriage relation See Pool Synopsis Critic in Locum So when a Prince breaks the Royal Covenant and turns Tyrant or without any Covenant committs a rape upon the Common-wealth that pretended relation may must be disouned Hence we see there is no relation can bring a King or Ruler under the object of the duty of the fifth Command except it be that of a fiduciary Patron or Trustee and Publick Servant for we cannot oune him properly either to be a Father or a Master or a husband Therefore what can remain but that he must be a fiduciary Servant Wherefore if he shall either treacherously break his trust or presumptously refuse to be entrusted upon terms conditions to secure be accountable for before God man Religion Liberty we cannot oune his usurped Authority That Metaphore which the learned Buchanan uses de Iure Regni of a Publick Politick Phisician is not a relation different from this of a fiduciary Servant when he elegantly represents him as entrusted with the preservation restauration of the health of the politick body and endued with shill experience of the Laws of his Craft If then he be orderly called unto this charge and qualified for it and discharges his duty faithfully he deserves and we are obliged to give him the deference of an honoured Physician But if he abuse his Calling and not observe the rules thereof and in stead of curing go about wilfully to kill the body he is entrusted with he is no more to be ouned for a Physician but for a Murderer 9. If we inquire further into the nature of this Relation between a King whose Authority is to be ouned and his subjects we can oune it only as it is Reciprocal in respect of Superiority Inferiority that is whereby in some respects the King is Superior to the people and in some respects the people is Superior to him The King is Superior Supreme as he is called 1 Pet. 2. 13. in respect of formal Soveraignty and executive Authority and Majestick Royal dignity resulting from the peoples devolving upon him that Power and constituting him in that relation over themselves whereby he is higher in place power than they and in respect of his Charge conduct is worth ten thousands of the people 2 Sam. 18. 3. and there is no formally regal Tribunal higher than his And though he be Minor universis yet he is Major singulis greater than any one or all the people distributively taken And
Lords displeasure they are to give Judgment though the King should countermand it Secondly that the King is not excepted from their Judgment is also evident from the General Commands Gen. 9. 6. whoso sheddeth mans blood â—y man shall his blood be shed there is no exception of Kings or Dukes here and we must not distinguish where the Law distinguisheth not Numb 35. 30 31. whoso killeth any person the murderer shall be put to death by the mouth of witnesses ye shall take no satisfaction for the life of a Murderer which is guilty of death but he shall be surely put to death What should hinder then Justice to be awarded upon a Murdering King Shall it be for want of witnesses It will be easy to adduce thousands Or shall this be satisfaction for his life that he is a Crowned King the Law saith there shall no satisfaction be taken The Lord speaketh to under Judges Levit. 19. 15. Ye shall do no unrighteousness in judgment thow shalt not respect the person of the poor nor honour the person of the Mighty If Kings be not among the Mighty how shall they be classed Deut. 1. 17. Ye shall not respect persons in judgment but yow shall hear the small as well as the great yow shall not be afraid of the face of man for the judgment is Gods if then no mans face can outdare the Law Judgment of God then the Kings Majestick face must not do it but as to the demerit of blood he must be subject as well as another It s no Argument to say the Sanhedrin did not punish David for his Murther Adulterie Ergo now it is not Lawful to punish a King for the same a reason a non facto is not relevant David did not punish Ioab for his Murder but Authorized it as also he did Bathsheba's Adulterie will that prove that Murders connived at or commanded by the King shall not be punished or that Whores of State are not to be called to an account Neither will it prove that a Murdering king should not be punished that David was not punished because he got both the sin pardoned and his life granted from the Lord saying to him by the mouth of the Prophet Nathan Thow shalt not die But as for the demerit of that fact he himself pronounced the sentence out of his oun mouth 2 Sam. 12. 15. As the Lord liveth the man that hath done this thing shall surely die So every king condemned by the Law is condemned by his oun mouth for the Law is the voice of the king why then do we so much weary our selves concerning a Judge seeing we have the kings oun Confession that is the Law. Buchanan de jure regni And there needs be no other difficultie to find a Tribunal for a Murdering king than to find one for a Murderer for a Judgment must acknowledge but one name to wit of the Crime if a king then be guilty of Murder he hath no more the name of a king but of a Murderer when brought to Judgment for he is not Judged for his kingship but for his Murther as when a Gentleman is Judged for Robbery he is not hanged neither is he spared because he is a Gentleman but because he is a Robber See Buchanan ubi supra 6. If the Peoples Representatives be superior to the king in Judgment and may execute Judgment without him and against his will then they may also seek account of him for if he hath no Power but from them and no Power without them to act as king no more than the eye or hand hath Power to act without the body then his Power must be inferior fiduciary accountable to them But the former is true The Peoples Representatives are superior to the king in Judgment and may execute Judgment without him and against his will. In Scripture we find the Power of the Elders and heads of the People was very great and in many cases superior to the king which the Learned Dr Owen demonstrates in his Preliminary Exercitations on the Epist. to the Heb. and proves out of the Rabbins that the kings of the Iewes might have been called to an account punished for transgressing of the Law. But in the Scripture we find 1 They had a Power of Judgment with the Supreme Magistrate in matters of Religion Justice Government Hamor Shechem would not make a Covenant with Iacobs Sons without the consent of the men of the Citie Gen. 34. 20. David behoved to consult with the Captains of thousands every Leader if it seemed good to them to bring again the Ark of God. 1. Chron. 13. 1 2 3. So also Solomon could not do it without them 1 King. 8. 1. Ahab could not make peace with Benhadad against the consent of the People 1 King. 20. 8. The men of Ephraim complain that Iephthah the Supreme Magistrate had gone to War against the Children of Ammon without them and threatened to burn his house with fire which he only excuses by the Law of necessity Iudg. 12. 1 2 3. The Seventy Elders are appointed by God not to be the Advisers only helpers of Moses but to bear a part of the burden of ruling governing the People that Moses might be eased Numb 11. 14 17. Moses upon his sole pleasure had not power to restrain them in the exercise of Judgment given of God. They were not the Magistrats depending deputies but in the act of Judging they were independent and their Consciences as immediatly subjected to God as the Superior Magistrate who was to adde his approbative suffrage to their actings but not his directive nor imperative suffrage of absolute pleasure but only according to the Law he might command them to do their duty but he could do nothing without them 2 They had Power not derived from the Prince at all even a Power of life death The rebellious Son was to be brought to the Elders of the Citie who had Power to stone him Deut. 21. 18 24. They had Power to punish Adulterie with death Deut. 22. 21. They had Power to cognosce whom to admit into and whom to seclude from the Cities of refuge So that if the King had commanded to take the life of an innocent man they were not to deliver him Iosh. 20. per tot But besides the Elders of Cities there were the Elders and heads of the People who had judicial Power to cognosce on all Criminal Matters even when Ioshua was Judge in Israel we find they assumed this Power to judge of that matter of the two tribes the half Iosh. 22. 30. And they had Power to make Kings as Saul David as was shewed and it must needs follow they had Power to unmake them in case of Tyranny 3 They had Power to conveen even without the indiction of the Ruler as in that Iosh. 22. they convene without him and without advice or knowledge of Samuel the Ruler they
private Assassination therefore they are called Murderers by Amaziah his Son 2 King. 14. 5 6. but upon the matter it was the Justice of God which he deserved if it had been duely execute for the blood of the Sone of Jehojada the Priest 2 Chron. 24. 25. So Amon the Son of Manasseh for his walking in the way of his Father in Idolatry Tyranny and forsaking the Lord God of his Fathers was slain in his oun house by his Servants who conspired against him But though this was Justice also upon the matter and consonant to the Command for punishing Idolaters Murderers yet because defective in the manner and done by them that tooke too much upon them in a perfidious way of private Assassination Conspiracy therefore the People of the Land punished them for it 2 King. 21. 23. 24. But the repressing punishing of Amaziah is a more unexceptionable instance The people made a Conspiracy against him in Ierusalem and he fled to Lachish but they sent after him to Lachish and slew him there 2 King. 14. 19. after the time that he turned away from following the Lord 2 Chron. 25. 27. Which was according to the Command Deut. 13. which hath no exception of Kings in it This Action was not questioned either by the people or his Successor as the formentioned Conspiracies were His son Uzziah succeeding who did right consulted the Lord 2 Chron. 26. 4 5. did not resent nor revenge his Fathers death which certainly he would have done by advice of Zechariah who had understanding in the visions of God if it had been a transgression The famous faithful Mr Knox doth clear this passage beyond Contradiction in his conference with Lithingtoun Hence I take an Argument a fortiori If people may conspire concur in executing Judgement upon their King turning Idolater Tyrant Then much more may they Revolt from him But this example clears the Antecedent Ergo. 11. The same power priviledge of peoples punishing their Princes was exemplified in the Successor of him last mentioned to wit in Uzziah the son of Amaziah called Azariah 2 King. 15. when he degenerated into the ambition of arrogating a Supremacy in causes Ecclesiastick Sacred as well as Civil his heart was lifted up to his destruction for he transgressed against the Lord his God and went into the Temple of the Lord to burn Incense In which Usurpation he was resisted by Azariah the Priest and with him fourscore Priests of the Lord that were valiant men who withstood him and told him it did not appertain to him to take upon him so much and bade him go out of the Sanctuary or else it should not be for his honour Which indeed he stomacked at as an affront to be controled resisted but in thinking to resent it he was plagued of the Lord with leprosie which the Priests looking upon they thrust him out from thence And thereafter sequestred him from all Supremacy both that which he had before in things Civil and that which he was affecting in matters Sacred for he was made to dwell in a Several house being a leper the Law including here execute upon the King as well as the beggar and to resign the Government into his son Jothams hands 2 Chron. 26. 16-21 Where it appears he was not only excommunicated by a Ceremonial punishment but also deposed Judicially Whether he voluntarly dimited or not it is to no purpose to contend its evident that by the Law of God the actual exercise of his power was removed whether with his will or against it it is all one And that he was punished both by God and by men is undeniable Yea in this his punishment was very gentle and far short of the Severity of the Law for by the Law he should have been put to death for intermedling with these holy things interdicted to all but to the Priests under pain of death Numb 3. 10. Numb 18. 7. The stranger that cometh nigh shall be put to death All were strangers that were not Priests Whence I argue If a Prince for his Usurpation beyond his line in things Sacred may by the Priests be excommunicated and by the people deposed then may a Prince not only Usurping a Supremacy as Charles did but an absolute power of overturning all things Sacred Civil as James doeth oppressing his subjects in all their Liberties be disouned a fortiori for that is less than deposing or dethroning But this Example clears the Antecedent Ergo See Knox discourse to Lethingtoun Lex Rex Quest. 44. § 15. pag. 461. Ius popul chap. 3. pag. 56. 12. What if I should adduce the Example of a Kings Rebellion against and Revolt from a Superior King to whom he his Fathers both acknowledged themselves subject Surely our Royalists and Loyalists would not condemn this and yet in justifying it they should condemn their beloved principle of uncontroled subjection to uncontrolable Soveraigns possessing the Government Ahaz became Servant to the Assyrian Monarch 2 King. 16. 7. yet Hezekiah his son when the Lord was with him and he prospered Rebelled against the King of Assyria and he served him not 2 King. 18. 7. Hezekiah was indeed a King but he was not Sennacheribs King he acknowledges himself his vassal and that he offended in disouning him vers 14. which certainly was his sin against the Lord to make such an acknowledgment for if his Fathers transaction with the Assyrian was sin then it was duty to break the yoke if the Lord was with him in that rebellion then it was his sin to acknowledge it to be his offence And to make good this ackowledgment it was certainly his sin to commit Sacriledge in robbing the House of God to satisfie that Tyrant By way of Supplement I shall adde that instance of repressing a mad furious Tyrant which all will acknowledge to be Lawful Nebuchadnezzar was both stricken of God with madness and for that was depelled from the Kingdom according to the heavenly Oracle The Kingdom is departed from thee and they shall drive thee from men Dan. 4. 31-33 Calvin sayes upon the place he was ejected as usually is done to Tyrants by the Combination of the nobles people Pool Synopsis Critic in Locum Thus he was unkinged for a time both by the just Judgement of God and by the intermediation of the just Judgement of men and could not be ouned to be King at that time when his nails were like birds Clawes and he could not tell his oun fingers They could not oune him to be the Governour then of so many Kingdoms when he could not Govern himself Hence though this is an instance of Heathens yet because they acted upon a rational ground it may be argued If Kings because of Natural madness when they cannot govern themselves may not be ouned Then also because of Moral madness when they will not govern but to the destruction of Kingdoms may not be ouned But
by publick Justice Yea it is indispensably necessary by the Law of God and no mercy nor pardon of the Magistrate may interpose to spare them for Whoso killeth any person the Murderer shall be put to death by the mouth of Witnesses ye shall take no satisfaction for the life of a Murderer but he shall surely be put to death He was not to be admitted to the benefit of any refuge And the reason is blood defiles the Land and the Land cannot be cleansed of the blood that is shed therein but by the blood of him that shed it Numb 35. 30 31 32 33. Hence if it be so necessary to cleanse the Land then when the Magistrate is not only negligent in his duty but turns a Patron Protector of such Murderers and imployes them as his Emissaries to murder destroy it cannot be expected he should cleanse the Land for then he should free it of the burden of himself and begin with himself Therefore then there must be more incumbent upon private persons touched with the zeal of God than at another time And as Mr Knox in his Conference with Queen Mary sayes They that in the fear of God execute Judgement where God hath commanded offend not God thô Kings do it not and adduces the examples of Samuel killing Agag Elias killing the Prophets of Baal and of Phineas killing Zimri Cozbi 3. It is Lawful for private persons to kill in Moderamine inculpatae tutulae their unjust Assaulters in defending themselves against their violence and that both in Tutela vitae proxima in the immediate defence of our life against an immediate assault in the instant of the assault and also in tutela remotâ in a remote defence of our selves when that is as necessary as the first and there is no other way of escaping the destruction intented by Murtherers either by flight or resistence then it is Lawful to preserve our selves by taking advantages to cut them off 4. It is Lawful in a just war to kill the enemie yea in the defensive war of private subjects or a part of the Commonwealth against their oppressing Tyrants as is proven Head. 5. Where several of the Arguments used to evince that Truth will confirm this as namely those Arguments taken from the peoples power in Reformation and those taken from the hazard of partaking of others sin Judgment For if all the Magistrats Supreme subordinate turn principal patrons and patterns of all abominations and persecuters and destroyes of the people for not complying with them then the people are not only under an obligation to resist them but seeing otherwise they would by lyable to their sin in suffering them thus to trample on Religion and the Interests of God as well as their oun in order to turn away the wrath of God it is incumbent upon them to vindicate Religion and Reform the Land from these Corruptions in an endeavour to bring those Malignant Enemies of God and Destroyers of the people to condign punishment that the heads of the people being hanged up before the Lord against the sun the fierce anger of the Lord may be turned away from the Land Numb 25. 4. In this case as Buchannan sayes of a Tyrant de jure regni A Lawful war being once undertaken with such an enemy as a Tyrant is every one out of the whole multitude of mankind may assault with all the calamities of war a Tyrant who is a publick Enemy with whom all good men have a perpetual warfare And thô the war â—e not alwayes actually prosecute in a hostile manner yet as long as peace is not concluded and the war ceased they that have the just side of the quarrel may take advantages in removing taking off not every single souldier of the Contrary side for that would contribute nothing to their prevailing in the end but the principal Instruments promoters of the war by whose fall the offending side would suffer great loss and the defending would be great Gainers So Iael killing Sisera Iabins Captain-General is greatly commended Now this was the Case of the Sufferers upon this head as Mr Mitchel one of them represents it in his fore-cited letter I being sayes he a Souldier not having laid doun my armes but still upon my oun defence having no other end nor quarrel at any man besides the prosecution of the ends of the Covenant Particularly the overthrow of Prelats Prelacy And I being a declared enemy to him that is Sharp on that account and he to me in like manner I never found my self obliged to set a sentinel at his door for his safety but as he was alwayes to take his advantage as it appeareth so I of him to take any opportunity offered Moreover we being in no terms of Capitulation but on the contrary I by his instigation being excluded from all grace favour thought it my duty to pursue him at all occasions 5. It is Lawful to kill enemies in the rescue of our Brethren when they are keeping them in bondage and reserving them for a sacrifice to the fury of Tyrants or leading them forth to the slaughter or in the time of acting their Murdering violence upon them Then to break Prisons beat up Garrisons surprise the Murderers and kill them in the rescue of our innocent Brethren is very Lawful according to that Command Prov. 24. 11 12. and the practice of Moses who seeing one of his Brethren suffering wrong he defended him and avenged him that was oppressed and slew the Egyptian Act. 7. 24. For that is a certain Truth which Grotius saith in locum jus naturae dat innocenti innocentem tutanti jus in nocentem Hence it cannot but be Lawful also in a case of necessity when both our selves and our Brethren are pursued incessantly by destroying Murderers to avenge our selves on them and slay them when there is no other way to be rid of their violence 6. It is Lawful to prevent the Murder of our selves or our Brethren when no other way is left by killing the Murderers before they accomplish their wicked design if they be habitually prosecuting it and have many times accomplished it before This followeth upon the other And upon this account it had been duty for Gedaliab to have suffered Iâ—banan to slay Ishmael and so prevent the Governours murder if it had been certainly known that Ishmael was sent by the King of Ammon to assassinate him Ier. 40. 14 15. for nothing is there objected against the Lawfulness of the thing but only it was alledged that he spoke falsly Alstedius asserts this Theol. Cas. de hâ—micidio reg 6. pag. 331. Licitum est praevenire eum qui vult invadere praeveniendo occidere antequam invadat si necessarium est praevenire quia aliter vita propria defendi non potest nisi preveniendo It is Lawful to prevent him that would assault us and by preventing to kill him before his invasion if it be
so necessary to prevent him that our life cannot be otherwise defended but by preventing And hence he justifies that saying licitum est occidere insidiantem It is Lawful to kill him that lyeth in wait to murder ibid. This is all the length that the reproached Sufferers whom I am vindicating go in asserting this principle as may be seen in their Informatory Vindication Head 2. pag. 55. where they say We maintain it as both righteous rational in defence of our lives Liberties Religion after an orderly Christian manner to endeavour by all means Lawful possible to defend our selves rescue our Brethren and prevent their murder in a martial opposition against wicked Persecuters who are seeking to destroy them us and imbrue their hands in our blood according to the true import of the Apologetical Declaration Which is very rational Especially considering 7. These Murderers who are thus to be prevented are such whom the Law of God commands to be put to death and no where allowes to be spared being publick Enemies to God and good men Open Blasphemers avowed Idolaters affronted Adulterers Notorious Murderers habitual Tyrants suppressing Religion oppressing the Innocent and professing a trade of destroying the Lords people Surely if God hath expressly in His Laws provided that Blasphemers Idolaters Murderers c. should not be suffered to live He never intended men dayly guilty yea making profession of these Crimes should be allowed impunity either by virtue of their Office or because there is none in Office to execute Judgement upon them but in a case of extreame necessity these Laws will not only allow but oblige people dayly Murthered by them for their oun preservation for vindication of Religion for purging the Land of such wickedness for turning away the wrath of God to prevent their prosecuting their Murdering designs any further and put a stop to their persecution by puting an end to their wicked lives Seeing as Buchannan sayes de jure Regni It is expressly commanded to cut off wickedness wicked men without any exception of rank or degree and yet in no place of Sacred Scripture are Tyrants more spared than private persons Much less their bloody Emissaries Now seeing all these Cases of Killing I have collected are justifyable in Scripture and none of the Sufferers upon this Head whom I am vindicating have exceeded in principle or practice the amount of these Assertions What is said already may have some weight to demur a censorious condemnation of them But as the True Non-Conformist well observes in answer to Dial. 7. pag. 391. Seeing the consideration resulting from the Concurrence of all circumstances whereupon the right dignoscing of such deeds when actually existent doth mostly depend doth more contribute to the clearing passing a judgement on a case of this nature when the whole contexture is exposed to certain examination than to set doun general rules directive of such practices which yet will all justify this in question Therefore to clear the case further all may be resolved into this State of the Question Whether or not private persons incessantly pursued unto death and threatened with ineluctable destruction by Tyrants and their Emissaries May to save themselves from their violence in case of extreame Necessity put forth their hand to execute righteous Judgement upon the Chief principal Ringleaders Instruments Promoters of all these destructive Mischiefs Miseries Who are open avowed Enemies to God Apostates Blasphemers Idolaters Tyrants Traitors Notorious Incendiaries Atrocious Murderers and known and convict to be publick Enemies prosecuting their Murdering Designs notourly habitually and therefore guilty of death by all Laws of God man And in such an extraordinary case put them to death who have de jure forefeited their lives to Justice when there is no access to publick Justice nor prospect of obtaining it in an orderly way nor any probability of escaping their intended destruction either by flight or resistence if they be past longer unpunished And so deliver themselves from their Murdering Tyranny while they are under no acknowledged subjection to them nor at peace with them but maintaining a defensive resistence against them And in this extraordinary execution of Justice being not chargable with ignorance of matters of fact so manifest nor mistake of circumstances so palpable nor with malice rage or revenge against their persons for private particular injuries nor with Enthusiastick Impulses pretended as their Rule nor with deceit or Treacherie in the manner nor with any breach of relation or obligation nor Usurpation upon or prejudice to any Lawful Right whatsoever in the matter nor with any selfish or sinistrous ends in the design But forced to performe this Work of Judgement when there is none other to do it out of zeal for the Glory of God Care of the Countries good love to their Brethren sense of their oun Danger Respect to Justice to the end that by the removal of these wicked Destroyers their war against the prevailing faction of their Malignant Enemies may be more successfully maintained their Religion Lives Laws Liberties more securely defended their Brethren rescued their Murder prevented Impietie suppressed the Land cleansed from blood and the wrath of God averted That this is the true State of the Question the preceeding Assertions all comprehended here do make it evident To which I answer in the Affirmative And shall come to give my Reasons Secondly Then I shall offer some Reasons for this first from some grounds Hypotheses of Reason Then more expressly from Scripture proofs I. There may be some Arguments offered from the Dictates of natural reason Which I shall but only glance at 1. I premit the Consideration of the Practice of all Nations even such from whom Patterns have been taken for Government and who have had the most polite purest Policy and have been the severest Animadverters upon all Extravagants Transgressers of their vocation Yet even among them for private persons to destroy and rid the Common-wealth of such burdens and vile vermine so pernicious to it was thought a virtue meriting rather Commendation than a thing to be Condemned I shall not here instance the laudable practices recorded in Scripture These may be seen in their oun place Neither do I speak of ruder Nations among whom this is a relâ—ct of reason not of ruderness as the Oriental Indians have a Custome whenever any person runs a muck that is in a revengeful fury takes such a quantity of Opium as distracts them into such a rage of mad animosity that they fear not to assault which is the common operation of that potion there and go through destroying whom they can find in their way Then every man Armes against him and is ambitious of the honour of first killing him which is very rational for otherwise no man could be safe and it seems to be as rational to take the same Course with our mad Malignant mucks who are
couragious in behalf of God Religion Sozom. Hist. Lib. 6. cap. 2. Barclaâ—us a great Royalist saith Tyrannos ut hostes publâ—s non solum ab universo populo sed a singulis etiam impeti caedique jure optimo posse tota Antiquitas ceasuit That Tyrants as publick Enemies may be attacqued and Lawfully slain not only by all the people but every one of them all Antiquity judged Grotiue de jure beâ—i Lib. 1. cap. 4. saith 〈◊〉 cui juris gentium requisita non adsint imperium arripuerit â—â—que pactio uâ—a sequuta sit aut fides illi data sed sola vi reâ—â—â—tur possessio videtur manere bellis jus ac proinde 〈◊〉 eum 〈◊〉 quod in hostem licet qui a quolibet etiam priâ—ato jure poâ—est interfici Yea King Iames the 6. in his Râ—mâ—â—strancs for the right of Kings sayes The publick Laws makes it Lawful and free for any private person to enterprize against an Usurper Divines say the same Chamier Tom. 2. Lib. 15. cap. 12. Sect. 19. Cives omnes jus habent insurgendi contra Tyrannos Aisted Theolog. Gas. cap. 17. reg 9. pag. 321. Tyrannum absque Titulo qui est invasor quilibet pr. vatus potest debet â— medio tollere quia patriam hostiliter invadit And cap. 18. reg 14. pag. 332. Licitum est privato cuivis occidere Tyrannum qui injuste invadit Dominium But Dr Ames de Consâ—tentia Lib. 5. cap. 31. de homicidio quest 4. asserts all that is here pleaded for in terminis Quest. 4. An aliquando licet occidere hominem Authoritate privata Resp. Aliquando licet occidere nulla publica Cognitione precedente sed tum solum quando causa evidenter postulat ut hoc siat Authoritas publica non potest implorari In isthoc enim casu privatus publice Minister constituitur tam nâ—â—tu Dei quam omnium hominum consensu He propones the question If sometimes it be Lawful to kill a man by private Authority He answers It is sometimes Lawful to kill another without publick Cognition proceeding but then only when the cause doth evidently require it that it be done and publick Authority cannot be implored for in that case any private man is constitute in stead of a publick Minister of Justice both by Gods allowance and by the consent of all men These propositions carry such evidence in them that the Authors thought it superfluous to confirme them and sufficient to affirme them And from any reason that can be adduced to prove any of these Assertions it will be as evident that this Truth I plead for is thereby confirmed as that it self is thereby strengthened For it will follow natively if Tyrants and Tyrants sine titulo be to be thus dealt with then the Monsters of whom the question is those Notorious Incendiaries and Murdering publick Enemies are also to be so served For either these Authors assert the Lawfulness of so treating Tyrants sine titulo because they are Tyrants or because they want a title If the first be said Then all Tyrants are to be so served and reason would say and Royalists will subscribe if Tyrants that call themselves Kings may be so animadverted upon because of their perniciousness to the Common-wealth by their Usurped Authority then the subordinate firebrands that are tho immediate instruments of that destruction the inferior emissaries that act it and actually accomplish it in Murdering innocent people may be so treated for their persons are not more sacred than the other nor more impunible If the second be said it is Lawful to kill them because they want a title Then it is either because they want a pretended title or because they want a real Lawful one The Latter is as good as none and it is proved Head. 2. Arg. 7. that no Tyrants can have any The former can not be said for all Tyrants will pretend some at least before they be killed 3. But thô some of these Great Authors neither give their reasons for what they assert nor do they extend it to all Tyrants that Tyrannise by virtue of their pretended Authority yet it will not be difficult to prove that all great small that murder destroy and Tyrannise over poor people are to be punished though they pretend Authority for what they do And hence If all Tyrants Murderers Destroyers of mankind ought to be punished then when it cannot be done by publick Authority it may be done by private But all Tyrants Murderers Destroyers of mankind ought to be punished Ergo The Minor is manifest from the General Commands of shedding the blood of every man that shedsâ— it Gen. 9. 6. of puting to death whosoever killeth any person Numb 35. 30 31. of respecting no mans person in Iudgement Deut. 1. 17. and universally all penal Laws are general without exception of any for under that reduplication of criminal transgressing those Laws under that general Sanction they are to be judged which admits of no partial respect for if the greatest of men be Murderers they are not to be considered as great but as Murderers just as the meanest are not to be considered as mean or poor but as Murderers But I need not insist on this being sufficiently proved Head. 2. Arg. 9. And through out that Head proving that Tyrants can have no Authority And if they have no Authority then Authority which they have not cannot exempt them from punishment The Connexion of the Major Proposition may be thus urged When this Judgement cannot be executed by publick Authority either it must be done by private Authority in case of extreame necessity or not at all for there is no Medium but either to do it by publick Authority or private If not at all Then the Land must remain still defiled with blood and cannot be cleansed Numb 35. 33. Then the fierce anger of the Lord cannot be averted Numb 25. 4. for without this executing of Judgement He will not turn it away Ier. 5. 1. Then must Murderers be encouraged by their impunity to make havock of all according to their Lust besides that poor Handful who cannot eschape being their prey as their Case is circumstantiate Besides this is point blank contrary to these General Commands which say peremptorely The Murderer shall be put to death but this supposed Case when publick Authority will not or cannot put them to death sayes they shall not be put to death In this Case then I demand whether their impunity is necessary because they must not be put to death or because they cannot be put to death To say the Latter were an untruth for private persons can do it when they get access which is possible If the former then it is clearly contradictory to the Commands which say they must be put to death excepting no Case but when they cannot be put to death If it be said they must not be put to death because the Law obliges only publick
the resignation and exert it in extraordinary exigents of necessity If then a people that have no Magistrats at all may take order with their destroyers then must they have the same power under a Lawful revolt As the ten tribes if they had not exceeded in severity against Adoram Râ—hâ—boams Collector had just cause to take order with that Usurpers Emissarie if he came to oppress them But if he had come to Murder them then certainly it was duty to put him to death and could not be censured at all as it is not in the Historie 1 King. 12. 18. But so it is that the people pursued by these Murderers some of which in their extreame exigences they put to death have for these several years maintained a declared Revolt from the present Government and have denyed all subjection to it upon the grounds vindicated Head. 2. And therefore they must be considered as reduced to their primeve Liberty and their pursuers as their publick Enemies to whom they are no otherwise related than if they were Turks whom none will deny it Lawful to kill if they invade the Land to destroy the inhabitants 8. Hence seeing they are no other than publick Enemies unjustly invading pursuing and seeking them to destroy them what Arguments will prove the Lawfulness of Resistance and the necessity of self Defence in tutelâ vitae proximà will also prove the Lawfulness of taking all advantages upon them in tutelâ remotà for if it be Lawful to kill an enemy in his immediat assault to prevent his killing of them when there is no other way of preserving themselves from his fury Then it must be Lawful also in his remote but still incessant pursuit to prevent his Murdering them by killing him when theâ—e is no other way to escape in a case of extreame necessity But that this was the Case of that poor people Witnesses can best prove it And I dare appeal to two sorts of them that know it best that is all the pursuers and all the pursued 9. This is founded and followes upon the 4 Art. of the Solemn League Covenant Where we are bound with all faithfulness to endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evil Instruments that they may be brought to publick trial receive condign punishment Now as this obliges to the orderly ordinary way of prosecuting them when there is access to publick Judicatories so when there is none Either this Article obliges to no endeavour at all which cannot be for it is Moral duty to endeavour the punishment of such or else it must oblige to this extraordinary Action execution of Judgement if to any at all Especially considering how in the sense of the short comings of this duty it is renewed in the Solemn Acknowledgment of sins Engagement to duties That we shall be so far from conniving at Malignity injustice c. that we shall take a more effectual Course than heretofore in our respective Places Callings for punishing suppressing these evils Certainly we were called to one way of prosecuting this obligation then when it was first engaged into and to another now when our Capacity Circumstances are so materially formally altered if the effectual Course then was by publick Authority then now when that is wanting there must be some obligation to take some effectual Course still that may suit our Places Callings which will certainly comprehend this extraordinary way of suppressing those-evils by preventing their growth in curbing the Instruments executing Judgement upon them in a case of extreame Necessity which will suit with all Places all Callings II. From the Scriptures these Arguments are offered First Some approven Examples and imitable in the like Circumstances will clear confirm the Lawfulness of this extraordinary Work of Judgement executed by private persons upon notorious Incendiaries firebrands Murderers guilty of death by the Law of God. 1. Moses spyed an Egyptian smiting an Hebrew one of his Brethren and he looked this way and that way and when he saw that there was no man he slew the Egyptian and hid him in the sand Exod. 2. 11 12. Here 's an uncondemned Example whereof the Actor who was the Relator did not condemn himself thô he condems himself for faults that seem less odious yea in effect he is rather commended by Stephen the Martyr Act. 7. And thô it be extraordinary in that it was done by private Authority not by a Judge as it was objected to him the second day yet it was not unimitable Because that Action thô Heroical whereof the ground was ordinary the Rule Moral the Circumstances commonly incident the managment directed by humane prudence cannot be unimitable But such was this Action thô Heroical The ground was ordinary spying his Brother in hazard whose Murder he would have prevented The Rule was Moral being according to that Moral precept of rescuing our Brother in hazard Prov. 24. 11 12. The Circumstances were incident in a case of extreame necessity which he managed very prudently looking this way that way and hiding him in the sand Therefore it may be imitated in the like Case It signifies nothing to say that he was moved by the Spirit of God thereto for unto every righteous performance the motion of the Spirit of God is requisite This Impulse that Moses had and others aftermentioned was nothing but a greater measure of that assisting Grace which the extraordinariness of the case and the difficulties therein occurring did call for but the intervening of such motions do not alter the Rule so as to make the action unimitable Impulses are not the Rule of duty either under an ordinary or extraordinary exigence but when they are subsequent subservient both to the Rule of duty and to a mans call in his present circumstances they clearly determine to the species of an Heroick Enterprise in so much that it is not only the particular deed that we are to heed for our imitation but we are to emulate the Grace Principle of zeal which produced it and is thereby so conspicuously relucent for our upstirring to acts in like manner as God may give opportunity As is observed by the True Non-conformist Dial. 7. Pag. 392. c. 2. When Israel Joyned himself unto Baal-Peor the Lord said unto Moses take all the heads of the people and hang them up before the Lord against the Sun that the fierce Anger of the Lord may be turned away from Israel And Moses said unto the Judges slay every one his men that were joyned unto Baal-Peor And when Zimri brought the Medianitish Cozbi in the sight of Moses and in the sight of all the Congregatâ—on who were weeping before the door of the Tabernacle And when Phinehas saw it he rose up and took a javelin in his hand and he went after the man of Israel into the Tent and thrust both of them through So the
it But here it is given before the Institution of Magistracy when now there was no Government in the world but family-Government as Grotius on the place saith Cum enim lex haec â—ata est non dum constituta sunt judicia itaque naturale justaliatus hic indicatur quod aucto humano genere in gentes distributo merito solis judicibus permissum fuit extra casus quosdam exceptos in quibus mansit jus illud 〈◊〉 When this Law was given publick Judgement was not yet constitute Therefore the natural right Law of Taliation is here held forth which when mankind was increased and divided into several Nations was justly permitted only to Judges some cases excepted in which that primaeve right did remain And if in any then in this case in question Hence Lex Rex answereth the P. Prelate essaying to prove that a Magiâ—â—racy is established in the Text denyes that Ba Adam by man must signify a Magistrate for than there was but family Government and cites 〈◊〉 of the same mind that the Magistrate is not spoken of here Though this Command afterwards was given to the Magistrate Numb 35. 30. yet in a ease of necessity we must recur to the Original Command 2. This same Command of punishing Murdering Enemies is even after the Institution of Magistrates in several cases not astricted to them but permitted to the people yea enjoyned to them As 1 Not only Magistrates but the people are Commanded to avenge themselves on their publick Enemies as the Israelites after their being insnared in the matter of Peor are Commanded to vexe the Midianites smite them because they beguiled them and brought a Plague upon them Numb 25. 17 18 and Numb 31. 2. to avenge themselves on them and for this end to arme themselves and go against them and avenge the Lord of Midian Which they executed with the slaughter of all the males So likewise are they Commanded to destroy Amalek It is true these Commands are given primarly principally to Magistrates as there to Moses and afterwards to Saul yet afterwards we find other than Magistrates upon this Moral Ground having the Call of God did execute Judgement upon them as Gidion David before they were Magistrates did avenge themselves and the Lord upon them as is before cleared It is also true that there was some holy severity then to be extended against particular Nations as such peculiar to that Dispensation which is not pleaded as imitable but the ground was Moral and the right of a peoples saving themselves by the destruction of their enemies when there is no other way for it is Natural And this is all we plead for here If people may vexe their enemies and avenge themselves against them even without publick Authority when ensnared by their Craftiness Much more may they put a stop to their insolency by cutting off their principal most pernicious Instruments in case of necessity when invaded by their Cruelty But here a people is Commanded to vexe their enemies and avenge themselves on them and accordingly Gideon David did so without publick Authority and that upon a ground which is Moral Natural Ergo 2 The execution of the punishment of Murderers is committed to the people The revenger of blood himself shall slay the Murderer what he meeteth him he shall slay him Numb 35. 19 21. So that if he met him before he got into any Refuge he might Lawfully slay him and if he did flee to any he was to be rendered up to the Avengers hands Deut. 19. 12. that the guilt of innocent blood may be put away from Israâ—l vers 23. This revenger of blood was not the Magistrate for he was the party pursuing Numb 35. 24. between whom and the Murderer the Congregation was to judge He was only the next in blood or kindred In the Original he is called Goel the redeemer or he to whom the right of redemption belongs and very properly so called both because he seeks redemption and compensation for the blood of his Brother and because he redeems the Land from blood guiltiness in which other-wise it would be involved I do not plead that this is alwayes to be imitated as neither it was alwayes practiced in Israel but If a private man in a hot pursuit of his Brothers Murderer might be his avenger before he could be brought to Judgement then much more may this power be assumed in a case of necessity when there is no Judgement to be expected by Law and when not only our Brethren have been murdered by them that profess a trade of it but others also and our selves are dayly in hazard of it which may be prevented in cutting them off I do not see what is here meerly Iudicial so as to be rejected as Iudaical for sure Murderers must be slain now as well as then and there is the same hazard of their escaping now as then Murder involves the Land in guilt now as well as then and in this case of necessity especially that Law that gives a man right to preserve himself gives him also right to be his oun avenger if he cannot otherwise defend himself 3 Not only the execution the decision of matters of life death is committed to them as in the case of Blasphemie Cursing all that heard were to lay their hands upon his head and all the Congregation was to stone him Levit. 24. 14 16. The man-slayer was to stand before the Congregation in Judgement Then the Congregation shall judge between the slayer and the avenger of blood Numb 35. 12 24. The people claimed the power of life death in seeking to execute Judgement upon those that had spoken Treason against Saul bring the men say they that we may put them to death 1 Sam. 11. 12. Especially in the case of punishing Tyrants as they did with Amaziah Certainly this is not so Judicial or Judaical as that in no case it may be imitated for That can never be abrogated altogether which in many cases is absolutely necessary but that the people without publick Authority should take the power of life death of puting a stop to the insolency of Destroyers by puting them to death is in many cases absolutely necessary for without this they cannot preserye themselves against Grassant Tyrants nor the fury of publick enemies or fire-brands within themselves in case they have no publick Authority or none but such as are on their Destroyers side 4 Not only the power of purging the Land by Divine precept is incumbent on the people that it may not lye under blood guiltiness but also the power of Reforming the Courts of Kings by taking Course with their wicked Abetters and evil Instruments is committed to them with a promise that if this be done it shall tend to the establishment of their Throne which is not only a supposition in case it be done but a supposed Precept to do it with an
Lord will cause the Prophâ—ts and the unclean Spirits to pass out of the Land And it shall come to pass that when any shall yet Prophesie then his father his mother that begat him shall say unto him thow shalt not live and shall thrust him through when he Prophesieth Zech. 13. 3. Which cannot be meant of a Spiritual penetration of the heart for it is said he shall not live and the wounds of such as might escape by resistence or flight are visible in his hands vers 6. It is therefore to be understood of Corporal killing Intycers to Idolatrie according to the Law Deut. 13. 9. either by delivering them up to the Judges as Piscator on the place sayes Or as Grotius saith transfodient ut Phineas Zimri Numb 25. hoc intellige de Pseudo-propheta populum volente abducere ad cultum falsorum deorum nam in tales quemvis Iudaeum Lex armabat Deut. 13. quae Lex expresse addit in tali crimine nec filio parcendum From all which I conclude If people are to bring to condign punishment Idolatrous Apostates seeking to intyce them Then may oppressed people dayly in hazard of the death of their Souls by Complyance or of their bodys by their Constancy in Duty put forth their hand to execute Judgement in case of necessity upon Idolatrous Apostates Incendiaries and the principal Murdering Emissaries of Tyrants that seek to destroy people or enforce them to the same Apostasie But the former is true Therefore c. 4. The same may be inferred from that Command of Rescuing Delivering our Brother when in hazard of his life for omitting which duty no pretence even of ignorance will excuse us Prov. 24. 11 12. If thow forbear to deliver them that are drawen unto death and those that are ready to be slain if thow sayest behold we knew it not doth not He that pondereth the heart consider it and He that keepeth thy Soul doth not He know it and shall not He render to every man according to his works eripe h. e. ex manu invasoris latronis injusti Magistratus c. idque vel manu vel lingua defendente vel quovis alio modo licito Solent homines multas excusationes nectere se nescire illius vel periculum vel innocentiam non tanta authoritate valere ut eum liberent rerum suarum satagere alienis nolle se ingerere c. hic unam excusationem reliquas omnes complectentem exempli causâ proponit refellit as Commentators say Pool Synops. Critic in locum This precept is indefinitely given to all Principally indeed belonging to righteous Magistrates But in case of their omission And if instead of detending them they be the persons that draw or send out their destroying Emissaries to draw them to death then the precept is no more to be restricted to them than that vers 2. not to be envious against evil men or that vers 10. If thow faint in the day of Adversity thy strength is small can be said to be spoken only to Magistrates Hence If it be a Duty to Rescue our Brethren from any prevailing power that would take their lives unjustly and no pretence even of ignorance will excuse the forbearance of it Then it must be Lawful in some extraordinary cases to prevent the Murdering violence of publick Incendiaries by killing them rather than to suffer our selves or our Brethren to be killed when there is no other way in probability either of saving our selves or Rescuing them But here the former is Commanded as a duty Therefore the Later also must be justified when the duty cannot otherwise be discharged Now having thus at some length endeavoured to discuss this some way odd esteemed odious Head to which Task I have been as unwillingly drawn as the Actors here pleaded for were driven to the occasion thereof whom only the necessity of danger did force to such Atchievements to preserve their oun and Brethrens lives in prosecuting the Cause and nothing but the necessity of duty did force me to this Undertaking to defend their Name from Reproach and the Cause from Calumnies I shall Conclude with a humble Protestation that what I have said be not stretched further than my obvious declared Design doth aim at which is not to press a practice from these precedents but to vindicate a Scripture Truth from invidious or ignorant Obloquies and not to specify what may or must be done in such Cases hereafter but to justify what hath been done in such Circumstances before Wherein I acknowledge that thô the Truth be certain such things may be done yet the duty is most difficult to be done with Approbation Such is the fury of corrupt passion far more fierce in all than the pure zeal of God is to be found fervent in any that too much Caution Tenderness Fear can scarce be adhibite in a Subject wherein even the most warrantable provocation of holy zeal is ordinarly attended with such a concurrence of Self-interest and other carnal Tentations as it is impossible without the signal Assistance of special Grace to have its exercise in any notable Measure or Manner without the Mixture of sinful allay as the True Non-conformist doth truly observe ubi supra Pag. 391. Yet this Doctrine thô in its defined and uncautioned Latitude be obnoxious to accidental abuses as all Doctrines may be abused by mens corruption or ignorance misapplying the same is nevertheless built upon such Foundations that Religion will oune to be firme and Reason will ratify their force And I hope it is here so circumscribed with Scripture-boundaries and restricted in the narrow Circumstantiation of the Case that as the Ungodly cannot captate advantage from it to encourage themselves in their Murdering villanies seeing they never were never can be so Circumstantiate as the Exigence here defined requires So as for the Godly I may presume upon their tenderness and the Conduct of that Spirit that is promised to lead them and the zeal they have for the honour of Holiness with which all real Cruelty is inconsistent to promise in their Name that if their Enemies will repent of their wickedness and so far at least Reforme themselves as to surcease from their cruel Murdering violence in persecuting them to the death and devouring them as a prey then they shall not need to fear from them the danger of this Doctrine but as saith the proverb of the Ancients Wickedness proceedeth from the Wicked but their hand shall not be upon them But if they shall still proceed to Murder the Innocent they must understand they that hold this Truth in Theorie will also reduce it to practice And bloody Papists must know that Christians now are more Men than either stupidly to surrender their throats to their Murdering swords or supinely to suffer their villanie to pass unpunished and thô their favours have flattered many and their sury hath forced others into a faint succumbing superceding from