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A52047 A plea for defensive armes, or, A copy of a letter written by Mr. Stephen Marshall to a friend of his in the city, for the necessary vindication of himself and his ministerie, against that altogether groundlesse, most unjust and ungodly aspersion cast upon him by certain malignants in the city, and lately printed at Oxford, in their Mendacium aulicum, otherwise called, Mercurius Aulicus, and sent abroad into other nations to his perpetual infamie in which letter the accusation is fully answered, and together with that, the lawfulnesse of the Parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of Scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie.; Plea for defensive armes Marshall, Stephen, 1594?-1655. 1643 (1643) Wing M768; ESTC R15835 25,154 32

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reason the Bishop of Burgen in the Councel of Basil proved the Councel to be above the Pope and a kingdome above the King and said they were but flatterers who taught otherwise And fourthly doth not right reason as much abhor this that whereas Princes are the publick fathers and the people owe them the duty of children that these children should be prohibited from keeping their publick fathers from the greatest evils If our naturall father through ignorance or distemper should go into a pest-house his children might by force fetch him out or if in a raging passion go about to kill himself wife children or any others their children may disarm them yea we are tied not to suffer friend or foe to incurre the guilt of rapine or blood if it lie in our power to hinder it and speak to my reason what evil have Princes deserved that if they go about to murder themselves subjects and children not any of their people no not the whole body politick should have power to restrain them And if reason will allow this liberty of resistance to private persons as even Barclay and Grotius the two great propugners of the sacred and inviolable power of Kings grant how much more clear honourable and safe must such a defence needs be when done by the representative body of a state who are Gods ordinance as well as kings the ministers of God sent by him to be a terrour to evill and a praise to them that do well And in England are the highest Court of Judicature and in whom his Majesty confesses there is legally placed sufficient power to prevent Tyranny Upon such reasons as these not only Heathens have resisted their Princes when bent to subvert their laws and liberties but even most of the States of Christendome Papists and Protestants when they have been put to it have borne defensive Armes against the unlawfull violences of their mis-led Princes But now if notwithstanding all this faire shew of reason Gods word hath determined the contrary we must lay our hands upon our mouths and shall no longer deserve to be accounted the servants and subjects of Christ then while we turne our reason how specious soever out of doores when once it offers to oppose the least Iota of his revealed will But where is this Scripture to be found Certainly the good Subjects in the Old Testament knew it not Sauls Subjects who swore that Saul should not kill Jonathan nor pluck an haire from his head though Saul had sworn by God he should die knew no such Scripture and I beleeve that if the same men had bin about him when he protested the Priests of the Lord should die they would not only have with-held their own but Doegs hands from doing execution David knew no such Scripture nor the 600 men with him that would have fortified Keilah against Saul Nor those many choice men of the severall Tribes of Israel among whom were some of Sauls brethren and kindred and chief officers that fell to David though Saul had proclaimed him Traitor from day to day to help him till it was a great host like the host of God And all this while David was though an innocent yet but a private man And I think if Elias had took himself bound in conscience to render himself prisoner to the Captains which Ahaziah sent for him he would not have killed them with fire from heaven Neither would Elisha have taken such a rough course with the messengers sent to take his head Nor would the eighty valiant Priests have thrust Uzziah by force out of the Temple who was a King still though a Leper Neither can these examples be eluded with saying these were extraordinary persons for first they were not all so not the people that resisted Saul nor the people that fell to David nor the eighty Priests unlesse in the extraordinarinesse and valiancy of their spirits And for the extraordinary persons themselves I know nothing why their examples may not be pleaded for our Defensive Armes as well as Davids eating the shewbread was pleaded by our Saviour for his Disciples rubbing the ears of corn unlesse they can first shew that their practice was against a known law I mean unlesse there were some known law that Innocents might not defend themselves and one another against the unjust violence of their princes Indeed we often read in the Old Testament of fearing the King honouring the King obeying the King which their practice shews they understood to binde them to yeeld Honour Loyaltie Obedience and Subjection to their Magistrates according to law but not that they were bound to let them doe what mischief they pleased Neither is there any more in the new Testament there indeed are full and frequent exhortations to submit our selves to Magistrates to be subject to the higher Powers which are ordained of God not to resist the Ordinance of God but not one word that we may not resist the Tyrannie of men no colour for it unlesse any wil say that Tyranny is Gods Ordinance that Tyrants bear the sword for the punishment of evil doers are the Ministers of God c. full proof there is that we must be under the authority of Rulers that is under their Legall Commands not one word of being at the dispose of their illegall wills The word used there is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} derived ab {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} licet to shew as one observes that the Text bindes subjects to obey Superiours not ad libitum but ad licitum not to obey their lawlesse lusts wils but their lawfull authority without resisting And surely it were strange that if God had laid this yoke of subjection to the illegall will of Rulers that neither the Jews under their Kings nor under Antiochus nor the Churches of Christ nor the primitive Churches after once their Religion and Liberties were established by Laws nor any of the Reformed Churches have took themselves concluded under it which of all the Reformed Churches have not by their practice manifested that Religion bindes them not to give their throats to be cut or their liberties and states to be spoiled at the meer will of their Princes and their Instruments contrary to their own Laws and Edicts Were not the Lutheran Churches put to it and defended themselves against the Emperour Charles the fifth when the Smalchaldian confederacie was entring Did not both the Divines and Lawyers being consulted with agree that the inferiour Magistrates might at some time resist the Superiour Have not the States and Churches of the Netherlands done the like constantly against the King of Spain the Protestants in France against their Kings How often and how lately have our Brethren in Scotland done the same And although since the Reformation England was never put to it untill these unhappie differences yet how constantly have our most learned Divines Bishops as well as others defended by their Pens and our
themselves into Popery so many unworthy Gentlemen fight to destroy a Parliament and thereby fight themselves and posterity into slavery so many Papists in Armes contrary to so many knowne Lawes and armed with Commission to disarme Protestants contrary to their knowne Liberties and the Protestants who exceed their number an hundred fold not to rise as one man to subdue them And who would have believed that he should have seen after all this an Army raised by the Parliament in such an extremity for such an end having hazzarded their lives undergone all these hardships performed all these services and whose untimely disbanding may prove our irrecoverable ruine straitned for want of pay while England is worth a groate Behold regard and wonder marvellously I relate a thing which many will not believe though it be told unto them Hab. 1. 5. But though the Worke be harder the case is still clearer both in regard of the intentions of the Parliament and also of their adversaries For the Parliament multitudes would not believe but that they had further aimes then their own and the publique safety that they intended if not to depose His Majesty yet by force of Armes to compell him to that which is not fit for a King to yeeld to But now by their frequent petitioning of his Majestie especially by the reasonablenesse of their late Propositions and Instructions wherein they desire a present disbanding of all Arms even before any other bills were past and were willing to have the Ports Forts and Ships c. of the Kingdome resigned up into his Majesties hands provided onely that in these times of dangers they might pro hac vice be put into the hands of such as the State might confide in The sincerity of their intentions are now so plain that I think Malignity it self cannot but be convinced of them And the intentions of the contrary councels are as plain their mask now falling off and their designe more then ever discovered to be the overthrow of Parliament Liberty Laws and Religion For at first we had Declarations to preserve all the just priviledges of Parliament but now we see men proclaimed Traytors for executing the Commands of the two Houses and the two Houses themselves if not in direct yet in equivalent termes proclaimed Traytors yea denyed to be a Parliament because his Majestie withdraws himself and after multitudes of Petitions refuses to returne and because many of their Members have deserted them and are protected by his Majestie from the Houses who have sent for them Yea they are required to recall their Votes as illegall and that such as they have fined and imprisoned may bring their Habeas Corpus to be tried in an inferiour Court Yea people provoked to scorn them and thereupon multitudes not fearing to trample upon and cast as vile scorn and contempt unjustly upon that thrice-honorable Court as ever was cast justly upon the Commissaries Courts We have heretefore been assured that the knowne Lawes of the Land should be the only rule of government but to name no other instances now we see the Commission of Array to be justified to be Law which the Parliament hath not only declared but demonstrated and the Countries where ever it hath prevailed found to be the utter destruction of all the Lawes made for the Subjects liberty Heretofore Proclamations were put out that no Papists should be entertained into his Majesties Army because the resolution was to maintaine the Protestant Religion But now we see them armed and armed with Commission and Protestant Doctors in their writings justifying it and being armed dare professe their Religion publickly set up their masse in the second City of the Kingdome cutting in pieces and burning Bibles and as multitudes of reports come from beyond the Seas and the supplies that come from thence confirme it all the Papists in Christendome contributing to this War as to the Catholicke cause Heretofore the Libertie of the Subject seemed to be stood for yea defended against the Parliament as if it were possible the representative body should enslave it self and in the meane time while these things are promised hundreds yea thousands of his Majesties Subjects plundred with His Majesties Proclamations against plundering in the hands of diverse of the plunderers And their persons led away in Ropes and Chaines like Turkish Gally-slaves and many cast into Prisons and Dungeons only for defending themselves against robbers and murderers abusing His Majesties Name where their Jaylours use them worse then the Turkes doe their Christian slaves or one that hath any thing of man in him could use a dog And vvhen all these things are now done the Parliament not only sitting but having so much strength in the Field what can vve expect when these men have prevailed vvhen at the putting on of their harnesse their usuall language is nothing but blasphemy against God not to be mentioned and against His people calling all that adhere to his and the Kingdomes Cause Parliament dogs and Parliament rogues what language will you expect to heare if once they come triumphantly to put it off If while the event is uncertaine they cut us out such kinde of Lavves Liberties and Parliament priviledges as these are if GOD for our sinnes sell us into their hands thinke if you can vvhat Lavves Liberties and Parliament-priviledges our posteritie shall finde recorded in our bloud for our selves alas who shall live when God doth this Nay who would desire to live I vvould rather vvith holy Austin make it my humble suite to that GOD vvhose are the issues of life and death that Hee vvould rather take mee from the Earth then let mee live to see His deare Church and my native Countrey delivered into the 〈◊〉 of such blasphemous and barbarous men So that in stead of repenting and withdrawing from the work I could wish that my voice were able to reach into every corner of the kingdome and that I could awaken all people to see the danger and misery that is flowing in upon them That every soul might be quickened up to make his owne and help to make Englands bleeding dying Englands peace with God and every one who hath any interest in Heaven to cry mightily unto that God in whose hand the hearts of Kings are and who rules in the Kingdomes of men that the power of our God might be great towards us in turning away these imminent calamities and turning the heart of our King towards His great and faithfull Councell and rescuing Him out of the hands of this Generation of men who delight in bllood Our God hath not yet said Pray not for this people but if the Lord say he hath no delight in us Righteous art thou O Lord and just are all thy judgements onely let us not be accessary to our own destruction and the destruction of so flourishing a Kingdome let us not through our covetousnesse or cowardize selfe-love or sloth betray our Lawes Liberties Lives Religion into the hands of men from whose hands we befoole our selves if we expect more mercy or lesse misery then the poore Christians of Constantinople found with the Turkes when thankes to their owne niggardlinesse O let it never be so with England they fell into their hands Oh let us labour to prevent their Swords thrusting into our bodies and their Swords into our Soules let our God doe with us what he vvill let us doe vvhat vve should and vvhile vve have any money in our purses any blood in our veins or any spirits in us devote all to the maintenance of this rightfull cause and if vve perish vve perish Nor doe I feare to be for this condemned by any right discerning man as an incendiary to a Civill War I knovv the miseries of a Civill War Warre is the severest of all Gods judgements and Civill Warre the cruellest of all Warres vvhere is the greatest hatred the deepest treachery the most unnaturall butcheries where the father murders the sonne the sonne the Father the brother embrues his hands in his brothers blood and vvhoever gaines all are loosers 〈…〉 Cives quae tanta licentia belli Oh the 〈◊〉 of our age and Countrey If England have such a lust to War 〈◊〉 we find no forraigne Enemies but we must Warre against our selves and at this time too Cumque superba for●t Babylon Spolianda 〈◊〉 When the proud Turrets of the whore of Babylon are to be levelled with the Earth when Germany when Ireland are to be rescued out of her bloudy pawes Can vve finde no fitter Object for the fury of the Cannon then our Townes Houses Bodies But alas The Generation vvith vvhom vve have to deal had rather a thousand times see the glory of England in the dust then the pride of Rome And though a evil War be miserable yet no such misery as the peace vvhich they vvould beteeme us a Sicilian vespers or a Parisian massacre from vvhich good Lord deliver us Save Lord let the King hear us vvhen vve call Thus Sir you have my thoughts at large you may either lay this Letter by you or communicate it for the satisfaction of others at your ovvn pleasure I blesse God I am gathering strength and hope ere long by my return to my Lord and the Army if God please not to smile upon us vvith a safe Accommodation in the mean time to give a reall proofe that my judgement is the same that formerly it hath been and I hope you believe my affection is the same still to you and therefore vvithout further trouble I subscribe my selfe Your loving friend Stephen Marshall
Princes and States by their aides of men and money their distressed and oppressed Brethren and Neighbours in the like case and now in our own sight both the King and States have acquitted the Scots as having done nothing in their late defence but what became good subjects And what the judgment of this Nation was in the time of popery is plain enough by their practice in their usuall taking of Armes and not leaving till they had compelled their Princes to ratifie their Priviledges and Charters which through ill Counsellors they had infringed And observeable it is that because the Bishops and Clergie of those times saw the Princes go about to take down their pride they were ever the most forward to justifie the proceeding of the State and I suspect in case the Tables were turned and we had a King endeavouring to take down the Bishops to take away Pluralites Non-residents c. And a Parliament seeking to maintain them the world would hear another Divinitie from many of them who now cry out that all our defence is damnable But lest I might be thought not to have vveighed the Scripture and reasons of both sides equally I vvill give you a further account vvhat my thoughts vvere and are concerning the Scriptures usually pleaded against this resistance and the reasons deduced from them The strongest hold they pretend to is built upon Romans 13. 1. c. 1. Peter 2. 13 14. vvhere vve are enjoyned subjection to the Higher Powers especially to the King as Supreme and all know that Nero the then supreme Governour was no better then a Tyrant Answ. First it is observable that this objection and almost all the rest taken out of the Scripture make the case of all Subjects in all Kingdomes to be alike that although as I touched before there are hardly two Kingdomes in the world but do differ in Lavves Customes and Constitutions bounding the Kings authority and the Subjects obedience yet if any of these would change the bounds of his authoritie for instance If the King of Denmarke or Sweden or Polonia vvould invade the libertie of his Subjects and make himselfe as absolute not onely as the King of England but as the King of France or Spaine or the great Turke this argument tyes all their Subjects from resisting let any man shew an out-gate for the Subjects of the one vvhich vvill not let out others and for my part I vvill yeeld the cause If they say these Kings took their Crowns upon those termes and the Subjects indented to have liberty of resistance in such cases then they grant that vvhere the Laws of the Kingdome allovv a liberty of resistance resistance may be used notvvithstanding these texts which is as much as vve plead for If any people have covenanted in no case to resist let them seek another answer in the mean time these Texts tie not those from resisting by their own answer who have not tyed themselves Secondly I appeal to their own judgements whether these Texts forbid all forcible resistance Suppose a Prince in his rage should go about to kill himself or run some innocent man thorow with his sword might no man take the sword out of his hand and if it be lawfull for a private man to dis-arme him of the weapons wherewith he would kill one may not the State take such weapons out of his or the hands of his Instruments wherewith they go about to destroy all Thirdly both Texts lay the same charge for subjection to inferiour Magistrates who likewise have their authoritie from God though under the Superiour As our Saviour said to Pilate who was buta Deputy thou couldst have no {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} no power at all against me if it were not given thee from above And may no resistance be made against the unjust violence of inferiour Officers if there may it is sufficient sure I am the Texts have not one word to allow the one and prohibite the other Fourthly what one syllable in either of these Texts so much as looks towards the forbidding of a people to resist Tyrannie but onely that we resist not the Magistrates in the rightfull exercise of their authority given them by God the Texts speak not of their persons but of their power not of their dictates but of their legall commands no more of Kings than of an higher power in an Aristocracie or Democracie binding all persons to subject themselves to that Power and Authoritie which in the severall places vvhere they live is the highest or supreme power Object But Nero was a Tyrant Answ. Not in his five first years nor secondly vvas he a Tyrant in all things he had authoritie to rule according to Law that was not his Tyrannie his Tyrannie was what he usurped contrary to the Law nor thirdly vvere all his under-officers Tyrants many of them could say with Festus Acts 25. It is not the manner of the Romanes to deliver any man to die before that hee which is accused have the accusers face to face and have leave to answer for himself and vvould accordingly dismisse them if they had done nothing worthie of death or of bonds Object 2. But doth not the thirteenth Chapter of the Romanes plainly binde up mens hands from resisting the supreme Power Answ. By the Supreme power must be meant that power which by the originall and fundamentall Constitution of any people and Nation hath authoritie to make Laws which shall binde the whole Nation to dispose of the estates and lives of any person or persons for the good of the Nation to judge every person and persons in the Nation determinatively and conclusively so as from that judgement there is no appealing that power it self being subject to the judgement and authoritie of none but God and Aristotle makes three distinct Branches of this power 1. The power of making and repealing Lawes a Legislative power 2. The power of making War and Peace of imposing Customes and Tributes 3. The power of judging Causes and Crimes ultimately and decisively where these three meet and make their residence whether in one person as in absolute Monarchs or in many as in mixed Monarchies or Aristocracies or in the body of the people as in the ancient Romane government there is the highest power which every soul is forbidden to resist But now what ever be the higher power in England most certain it is that the Kings absolute or illegall will is not the highest power that hath neither power to make Laws nor repeale Laws that hath not power to acquit or condemne nor may men appeal from the Kings lawfull judgement Seat to the Kings absolute will but his legall will in the highest Court or the King and Parliament may make Lawes or repeal Lawes may engage the whole Nation in a War and command both the Bodies and Purses of men unto the service is the highest Court of Judicature to which all my appeal and from which none may