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A61509 Jus populi vindicatum, or, The peoples right to defend themselves and their covenanted religion vindicated wherein the act of defence and vindication which was interprised anno 1666 is particularly justified ... being a reply to the first part of Survey of Naphtaly &c. / by a friend to true Christian liberty. Stewart, James, Sir, 1635-1713. 1669 (1669) Wing S5536; ESTC R37592 393,391 512

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the Nobility sworne and borne Councellors of the same And also NB to the Barons and People whose votes and consents are to be required in all great and weighty matters of the Common-wealth which if they do not they declare themselves criminal with their misled Princes and so subject to the same vengeance of God which they deserve for that they pollute the seate of justice and do as it were make God author of iniquity Thus we see this late practice is not without laudable and approved procedents nor vvanteth it the approbation of the valient vvorthyes of our land vvho if they vvere living this day vvould set to their seal to this truth and be ready to seal it vvith their blood and the testimony of one Mr. Knox is more to be valued then the contrare assertions of all the perfidious Prelates in Britane and of all their underlings yea then of all the time-serving and men-pleasing court parasites vvho first have debauched their consciences into a stupide silence and their judgment into the atheists beleef that there is no God and then devouted soul body religion and all unto the lust os a sinful creature CAP. V. Of the Peoples power in erecting Governours and several Arguments thence deduced WE shall willingly grant vvith the Surveyer Pag. 1. That God hath made man a Rational creature and fit for society And that God hath appoynted besides oeconomical societyes the coalition of people into greater bodyes consisting of many familyes under one kinde of government and political head for their mutual good in their necessities and for protection of the whole body and every Member thereof That Magistracy is God's ordinance he having appoynted Superiour Heads and Governours to rule these bodyes that they might be preserved from ruine and destruction And that the hath put this instinct and dictate of reason into all so that even barbarous people are led together into such politick associations under their Governours for their subsistence in general for the mutual help one of another and for the protection of the weaker against the injuries of the stronger And therefore we willingly say with worthy Calvin Lib 4. Inst c. 20 § 4. That Nulli jam dubium esse debet quin civilis potestas vocatio sit non modo coram Deo sancta legitima sed sacerrima etiam in tota mortalium vita longe omnium honestissima Yet as to the right understanding of the peoples interest in the constitution and erection of civil Government and of civil Governours unto whom they subject themselves we would have those Particulars considered 1. It will be readily granted that there was a time when such people as are now imbodyed in a politick state were not so imbodyed but were either living separatly in a wandering condition or by providence cast together in one place and cohabiteing together and throw processe of time increaseing in number and filling that place of ground with their posterity and issue in which condition living without any established civil order common to all every one saw to his owne matters the best he could and governed these according to his best advantage having no other law to square his actions by then the moral law or law of nature 2 Among this multitude or company while in this condition there was none who by birth or any other lawful clame could challenge to himself any civill dominion power or authority over the rest or could exercise any Magistratical power whether by makeing civil lawes or by executing the same I speake here of a civile power for I deny not but in that condition parents had power over their children husbands over their wives masters over their servants and in some respect the Elder might have had some power over the younger the more strong and power full over the more weak the wiser over the more foolish and ignorant and upon that account a sort of natural preheminence but this neither did nor could intit●e them unto a civil superiority an civil Magistracy over these farr lesse over all the rest I grant that even in that state of affaires Some being endued of God with gifts and qualifications beyond others and so more fitted for Government then others who wanted those advantages might look liker the persons whom they ought to pitch upon and call for that work but notwithstanding of these enduements and abilityes They could not upon that sole ground lay clame unto Soveraignity and assume unto themselves a civil power and jurisdiction over the rest so that as to any actual and formal right unto Magistracy and supream government all are by nature alike though not alike qualified thereunto and so not in alike neare capacity for reception thereof This I suppose will not need proof since I am here speaking of the first and most undoubtedly lawful and ordinary constitutions of Commonwealthes and abstracting from that question What Magistratical power he may have and assume to himself who transporteth and erecteth colonies as also from that question what title or right to government pure conquest by armes or a lawful conquest upon a lawful warre may give as being of no affinity with our case though this Surveyor be pleased now to account us little better then a conquest of which afterward 3. When a multitude in this condition do associat together and considering through the instinct of nature how necessary it is that some way be condescended upon for the common saifty and preservation of the whole body from forraigne adversaries and intestine divisions and for the saifty and preservation of every one in particular from mutual injuries and acts of injustice do think of establishing some civil government and governours we cannot rationally suppose that they goe about such a businesse of moment rashly brutishly inconsiderately and irrationally If reason teach them that a government must be erected for their wel being and move them to think of falling about it we cannot rationally suppose them to acte in this matter irrationally They being rational creatures not a company of brutes and through the instinct of reason taught that this was a businesse both necessary and of great concernment cannot but be supposed to act rationally in this matter 4. It will not need much disput to prove that by this constitution of a Policy and of Politick Governours they should not be redacted unto a worse condition then that was into which they were before the constitution was condescended upon farr lesse can it be supposed that by this change they enjoy no more the common privilege of rational creatures but degenerate into beasts or are depressed into a condition equal unto if not worse then that of beasts Sure it must be granted that they remaine Rational creatures and that Rational Creatures would never rationally yeeld unto such a change as should deteriorate their condition let be brutify them or make them rather choose to be beasts And that such a change into a civil state if
Parents in some respects love their children better then themselves so should they preferre the good of the commonwealth unto their owne and upon this account are stiled Fathers Gen. 20. 2. Iudg. 5. 7. 1 Sum. 24. 12. Isa 49. 23. as also Pastors are 2. The Soveraigne's power is not properly Marital or such as Husbands have over their Wives for 1. Wives cannot limite their Husband's power as Subjects may limite their Soveraigne's 2. Wives cannot prescribe the time how long such an one shall be their Husband as Subjects may do vvith their Soveraignes 3. Wives cannot change their Husbands as Subjects may change an Aristocracy into a Monarchy 4. Wives are appoynted for an helpe to the Husband but the Soveraigne is rather for the Commonvvealth then the Commonvvealth for him 5. If the Soveraigne's povver vvere such then he could not have povver of life and death for a Husband as such hath not that povver over his Wife 6. Though the Husband and the Wife be in distinct Kingdomes the relation standeth and is not broken upon that account but if a subject goe out of one Kingdome to live into another he changeth his Soveraigne and hath a relation to a nevv Soveraigne 3. So he is but metaphorically and not properly called the Head of the Commonwealth for 1. the head is not made Head by the free choise of the Members but the Soveraigne is chosen by the People 2. The Members have not so much as a consent in setting up the Head but Subjects at least have this much in setting up of Princes 3. the Members can never change the Head but Subjects may change their Soveraignes 4. The Members can make no compact with the Head as Subjects may do with their Princes 5. The Members cannot limite the power of the Head as Subjects can limite the power of their Princes 6. The Members cannot destroy the Head and live themselves but Subjects can destroy the Monarch and choose another 7. The Head communicateth life sense motion to the rest of the members so doth not the Prince unto his Subjects 8. The same individual life is in Head and Members but not in King and Subjects 9. Head and Body die and live together but there is no such connexion betwixt King and Subjects So then he is but a metaphorical Head so called because of his supereminency He is over the civil body to rule and guide it aright 4. The Soveraigne hath no Lordly dominative or masterly power over the Bodyes of his Subjects For 1. this government is founded upon the law and light of pure nature but this masterly dominion is a frute of sin 2. Slavery being against nature a bondage which all would willingly shun we cannot suppose that rational people would choose that life if they could help it but they willingly not out of constraint choose government governours 3. The people in setting up a Soveratigne propose their owne good have their owne ends but if the Soveraigne's power were properly a masterly power they should propose rather his good then their owne in setting him up 4. If his power were a masterly power their condition after the government were established should be worse then it was before for their state of liberty was preferable to their state of bondage 5. They had not acted rationally if to be free of oppression of others they had willingly given up themselves unto an oppressour endued with masterly dominion and power 6. Masters might sell their servants for gaine Gen. 9. 25. and 20. 14. and 26. 14. 1 King 2. 32. 2. King 4. 1. Neh. 5. 8. Eccles 2. 7. Iob. 1. 3 15. But the prince cannot sell his Kingdome 7. Soveraignes have not such a povver as this from God but only a povver to feed to rule to defend and to watch over the people for their good 1 Tim. 2. 2. Ps 78. 71. 2 Sam. 5. 2. 1 Chron. 11. 2. and 17. 6. Neither have they it from the People for they cannot give such a povver vvhereby to make themselves slaves 8. If it vvere so Princes should not be a blessing unto a People but rather a curse contrare to 1 King 10. 9. Esa 1. 26. Ier. 17. 25. Hos 1. 11. 9. It is a blessing to be free of slavery Exod. 21. 2 26 27. Deut. 15. 12. Ier. 34. 9. Ioh. 8. 33. 1 Cor. 9. 19. But it is not a blessing to be free of government but a curse and judgment rather Iudg. 19. 1 2. Esa 3. 1 6 7. Hos 3. 4. 10. Subjects are the King's brethren Deut. 17. 20. and so not his slaves The Surveyer Pag. 30. 31. granteth that there is a great difference betwixt Magistratical power and Masterly and giveth three maine differences 1. That the Master of slaves had his owne profite mainly before his eyes and the profite of the Slaves only secondarily But the Magistrates power is premarily ordinated to the Publick good of the Community it self and only secondarily and consequentially to the good of Himself 2. That Masters had a greater power over the bodyes and goods of these who were their Slaves then a Magistrate can clame over Subjects 3. The Master had the slaves in subjection to him more out of feare and constraint then love or delight But a King hath his Subjects under him in a civil free liberal voluntary and loving subjection Thus we see this point is cleare and undenyable by him though other Royalists will not grant so much but sure if they were his slaves they behoved to be taken in war or bought with money 5. Neither hath he a despotick masterly power over the go●ds of his Subjects what ever use may be allowed to make of them in case of necessity when in some respect all things are common for the Common good and good not only of the owners but also of all the Community Yet the Subjects are righteous proprietors of their owne goods For 1. the People make choise of him for this very end to preserve them in their rights to keep their rights inviolated to keep them from oppression and injuries of others so that it cannot be imagined that rational People would make choise of one great robber to preserve them from lesser robbers 2. Their case should be rather worse as better by the erecting of a civil government if the Soveraigne were the only proprietor of all their goods for before the erection they had a just right and title unto their owne goods 3. Soveraignes should not be a blessing unto a People but a curse Which is false 4. Then they could wrong no man take what they would from him contrare to Zeph. 3 3. Esai 3 14 15. and 58 4 6. Mich. 3 3. see Timpl. pol. lib. 5. cap. 1. quaest 3. 5. The law Deut. 17. contradicteth this masterly power over the Subjects goods 6. Ahab was blaimed for taking Naboths Vineyaird 7. This is the very character of a Tyrant 1 Sam. 8. 8. The Kings of
faction which hath now destroyed the work of God and those Rules mentioned And what lyeth latent under board the Lord knoweth 4. He asketh the question if any of the People of the Land be spoiled of their lawful civil libertyes As if a man should enquire if the Sun were risen at twelve houres of the day Our Religion reformed in doctrine Worshipe Discipline and Government which was one of our maine civil most lawful libertyes is taken from us The liberty of supplicating which the Law of God the Law of Nature and the Law of Nations allow it taken from us The liberty of free election of Members of Parliament was taken away Liberty of protesting in Parliament was taken away The Kings prerogative is screwed up to such a hieght that it overturnes the true native libertyes of the Subjects Many honest Subjects are cast into prisone no transgression being once alledged far lesse proved against them The due exercise of their Religion as was covenanted is taken away Lawes are not executed in a civil manner as they ought to be among free Subjects Iudicatories are set up and erected without the consent of the People or their Representatives Libertyes and Privileges of brughes and such incorporations are taken away unlesse they will renounce and abjure a lawful religious and necessary Covenant The free exercise of justice especially against Nobles is stopped The Lieges are not ruled by the Lawes of the Land but by the arbitrary will and lust of few Prelates and the privy Council Will he ask now if our libertyes be taken from us or will he call these unlawful 5. He asketh in the next place what one thing the King hath done without consent of the Peoples Representatives in Parliament at vvhich any may except as a grievance It seemeth he is either of a very short Memory or he thinks the High commission-court a very small inconsiderable businesse for the consent of Parliament vvas never had unto this inquisition-court neither of old nor of late And yet this was such an heavy yoke of bondage that made all the land to groan and against which as a most intolerable grievance all the corners of the countrey could give in their exceptions And as for this late Representative so called they have enacted many things contrare to their power and turst as vve have shewed No power under heaven could enact what they have enacted No power under heaven could anul condemne and rescinde lawful Covenants made with the most high God They were not in tuto to rescinde and anull unalterable lawes more firme and fixed then any Lawes of the Medes and Persians For lawes confirmed with oathes and solemne vowes to God are not ambulatory as other politick lawes And therefore all the lawes being good and necessary in their owne nature by the supervenient addition of an oath confirming and ratifying the same became absolutely unalterable by any Man or company of Men whatsoever So that all the lawes made by King and Parliament to the prejudice of the Covenanted work of reformation are intolerable grievances dishonourable to God and prejudicial to the welfare of the Subject and to which neither People nor their Representatives real of supposed could ever lawfully consent 6. He asketh what burden he hath laid upon their Estates but by Law But this is a vaine florish seing all that know what that Parliament was know how prone and ready it was to devote if it could unto the lust of the King the Souls Consciences Estates and all which the Subjects had little regairding either the true liberty or reall advantage of the People CAP. XVII The Objections of others examined WE have now examined all which this Surveyer hath said against us in the poynt of resistence yet that we may satisfy if possible all persons and partyes touching the lawfulnesse of this act of private persons defending themselves and their Religion from manifest Tyranny and oppression we shall remove likewise such other objections as some others are pleased to make use of and which our Surveyer hath possibly forgotten to adduce 1. Obj. Subjects are obliged to performe all dutyes of obedience and fidelity unto their Magistrates and albeit the Magistrates turne a manifest Tyrant every one cannot loose that obligation at his owne hand Hoen Disp Pol. 9. Thes 55. Ans 1. Subjects as we have seen are but conditionally obliged to performe these dutyes unto the Magistrate and not absolutely whether he play the Tyrant or not by Hoenonius his owne confession 2. Though each particular person can not loose the obligation when he will yet when a Tyrant hath by his acts of tyranny loosed the obligation upon his part a body of a People or a considerable part thereof may defend themselves against his tyranny as if there were no obligation betwixt him and them 3. Though the obligation stand uncancelled and not abrogated resistence may be granted for a Sone may resist his Father and a Wife her Husband though the obligation continue firme and not dissolved Obj. 2. By this meanes a window should be opened to all seditions conspiracyes and rebellions Hoen ubi supra Ans Incommodum non tollit argumentum The abuse of a liberty doth not destroy the liberty 2. By this argument absolute and unlimited obedience might be pressed lest if private persones might refuse obedience a door for all sedition and disobedience should be opened 3. By the contrare assertion a door shal be opened to all Tyranny and oppression which should tend not only to disquyeting of the peace but to the ruine and destruction of the Common-wealth Obj. 3. Subjects are to pray for their Magistrates Hoen ibid. Answ True but the consequence is naught Therefore I may not resist them when they tyrannize and oppresse unjustly it doth not follow I must pray for my equalls and inferiours and open enemies whose unjust violence I may notwithstanding resist Obj. 4. A son may not do violence to his Father though never so unworthy for no impiety can be punished by paricide Far lesse may violence be done to the Prince who is the Father of the Countrey Hoen ib. Answ 1. This simile helteth as we have shewed 2. If the Father abuse his power the law will deprive him of it L. 6. Lenones L. 7. C. de Inf. expos L. 2. C. de Parent qui Fil. distrax L. 2. de his qui sunt sui vel alieni Iuris § sed Domin Iust. D. Titul L. ult si quis a Parente manumissus 3. The simile is for us who plead only for resistence as we shewed not for killing and destroying Tyrants 4. If the Sone be a Judge and the Father a malefactor the Son must execute judgement on the Father Obj. 5. Destroying of the head though it be sickly and tender tends to the destruction of the whole body Hoenon ibid. Answ There is no such connexion betwixt King and Subjects as betwixt Head and Members of our natural bodyes A Tyrant may be
people his fatal end might be brought on not because he had been a Tyrant but because he had not been such Answ That book which was unholy as well as unhappy in giving the rise to such troubles had not only somethings in it that could not bear a favourable interpretation but the whole of it was the extract and quint essence of the Romish masse book book of ritualls c. And how slowly it was retired and satisfaction and security given for our religion and how soon conditions covenanted and condescended upon were broken the history of those times doth sufficiently declare as also how unwillingly any thing was reformed that had creeped in whether through the default of Ministers of State or others But how can this base calumniator insinuat that the Kings loyall subjects in Scotland had a hand in bringing him to his fatal end seing even the late Representatives though they would willingly have raked hell for it could not finde a man in all Scotland to be charged with that crime That he came to his fatal end we know but that it was through Gods dreadful indignation against a sinful people if he mean the faithful and honest Covenanters I know none except base ignorant sycophants that will say it That it was not because he had been a Tyrant many will doubt And when he sayes that it was because he had not been a Tyrant I am sure he giveth non ca●sam pro causa● and who can understand how God in his dreadful indignation against a sinful people doth take away a Prince who vvas not a Tyrant seing upon that account he giveth such Tyrants sometimes Having thus vindicated the Antecedent from what this Surveyer had to say against it we shall now speak a word to the consequence of the argument And 1. The whole Cabal of the Royalists will grant it for with them both Representatives and People are put into one and the same category viz. of meer subjects so that if the Antecedent stand good as it shall for all which they have said or all which this their new collegue or young raw disciple can say to the contrary the argument is good ad hominem 2. Such as grant it lawful for a Land having their Representatives with them to defend themselves against tyranny But deny it to privat subjects in case of necessity when they cannot have the conduct and concurrence of their Representatives can adduce no argument against this last but such as will weaken their assertion in the former As for exemple Hoenonius politic disp 9. thes 55. disproveth resistence in this last case by these arguments 1. because Subjects are obliged to pay to their owne Magistrats the duty of fidelity and obedience 2. Because by this meanes a gap would be opened to seditions and rebellions 3. Because the scripture commandeth subjects to pray for their Magistrats 4. The son may not wronge his father how wicked so ever he be 5. Violence done to the head though sickly tendeth to the ruine of the whole body 6. It is better to have a sickly head then none 7. There is greater danger to Cast off a Tyrant then to Tolerate him 8. A Tyrant cannot be resisted but destruction will follow to the resisters 9. God punished the wicked kings of the jewes by strangers 10. Jeremias did not stirre up the jewes against Nebuchadnezar but allowed them to pray 11. Christ commanded to pay tribute unto the Prince 12. Paul will not have an evil Prince to be cursed with words 13. Kings are from God and such like But who seeth not that these if of any force as indeed they are of none as shall afterward be made appear in due time conclude as much against a peoples opposeing and resisting a Tyrant even when they have their Representatives with them as when they are left alone and yet this same Hoenonius ubi supra thes 45. granteth it lawful yea and necessary for the Ephori and the Estates of a land to resist the Tyrant 3. If our Surveyer will grant the case different now from what it was then when the primores Regni were ingadged in the opposition as he doth Pag. 21. and grant that when the primores Regni concurre the opposition is lawful as he must grant in case the Soveraigne become Tyrannnical and be the first-aggressor because only upon the contrary supposition he condemneth the last resistence which was made to the King by Scotland He must of necessity seek out other arguments then what we see he hath to condemne this resistence of Private persons in case of necessity or otherwayes contradict himself for as may easily be seen this being granted all his arguments shall be easily discussed 4. If he grant the case now to be much different from what it was then so as then it was a lawful resistence but not so now as he must grant otherwise we cannot see what this is to the poynt and wherein his much difference doth slye how can he save himself a from contradiction for he must put a diffence betwixt a resistence made by the people with their primores and a resistence made by the People with their Representatives in Parliament or else say That whatever the Nobles of a land do is the same with what a Parliament doth and that wherever they are there is a Parliament and the peoples Representatives Now this he darre not say left he should be hissed at and therefore he must grant it lawful for a people to defend themselves when they want the conduct and concurrence of their Representatives acting authoritatively or else retract what he hath said and planely confesse That the case to be noticeed now is not different from what it was then 5. I hope no man will say that a war carryed on or a resistence made against the Soveraigne by the Representatives of a people Is eo ipso lawful unlesse the ground of the warre or resistance be reall and valide And if the ground be valid and good whereupon a People unjustly oppressed and tyrannized over are allowed to defend themselves haveing their Representatives to goe before them why shall not the same ground stand valid and sufficient to warrand them to defend themselves when they have not the concurrence of their Representatives I would gladly heare a reason making the defence in the one case lawful and not in the other seing the ground remaines the same the same necessity abideth yea it rather increaseth when the Representatives who should be a screen unto the people betray their trust and either neglect to vindicate with their authority and conduct the innocent oppressed people or turne adversaries to them and oppressours of them themselves 6. Since Parliments are the peoples Representatives no man will say That de jure their power is privative or destructive but rather cumulative and helpful so that the peoples Representative cannot de jure make them more liable to irremediable tyranny and oppression then they were
accompanyed with such consequents could never be the instinct of pure nature nor can we suppose that such a thing can be the ordinance of God appoynted for the good of mankinde Therefore this must stand as a firme truth that the condition of a people modelled into a civil state is not worse then it was before but rather better 5. It will be no lesse readyly yeelded That such one or more as are chosen by the Community to act the part of Magistrates notwithstanding of that change made in their condition abide men of the like passions and infirmities with the rest yea and subject to moe temptations and so in greater hazard to miscarry then formerly This change doth not Transforme them into Angels or put them beyond the reach of injuries as all will grant nor beyond a capacity of doing injury even to these over whom they are set No humane power can set any above God's Law or loose him from the binding power thereof and till this be or They out of a capacity or transgressing God's Law which no humane act can do He Or They are still obnoxious to the sin of injuring their neighbour and transgressing the law of righteousnesse no lesse then others 6. It is Left to the People in this case to condescend upon what forme of government they think most expedient and most suteable to their temper and to the condition providence hath cast them into whether it be Monarchy or Arosticracy or Democracy or a mixed kinde for though God and Nature hath instituted Government yet not having determined any one forme to be the only lawful forme People are it liberty to walke here upon rational grounds and to consult their owne advantage next the glory of God and to make choise of that which all things considered promiseth most probable felicity unto them and of the several formes or Kindes of government all lawful in themselves to pitch upon what Kinde they think most expedient and conduceing to their ends This is assented unto by all Politians and so it followeth That it is meerly from the People that this forme and not another is made choise of 7. As neither God nor Nature hath determined the particular forme of government under which Men must live but hath left it as was said to their free choise so it is not determined how large or how little every politick society should be nor whether a people living at some considerable distance from other or more contiguously should joyne together in one and make up one body politick or whether they should erect moe distinct and independent Commonwealthes though possibly of the same extract and language Nature sayeth not that all in one Iland of one extract or of one language should become one Politick Body under one politick head We have heard of the time when there have been many Kings distinct and independent in one England And how many Kings there was at one and the same time in the land of Canaan no vast territory scripture tells us Nor hath Nature determined that distinct bodyes of people living in distinct and far separated places yea having distinct customes and languages may not when they see it for their advantage associate for setting up one Supreame Soveraigne over all So that this also is left to the free choise and determination of the People 8. When a free People have rationally and deliberatly condescended upon the forme it is in their power to condescend upon the time how long that forme shall endure and either prefix a certaine time at vvhich it shall evanish if they see it not expedient to continue it or reserve to themselves a liberty to alter it when they vvill Each of the sormes being in themselves lavvful People may choose vvhich they think best and though one Kinde of government vvill agree to some People better then another yet Bodyes of people being lyable to causal changes and these requireing formes suteable A people at the beginning guyded with reason may rationally foresee such changes and accordingly determine the first forme condescended on to continue longer or shorter time definite or indefinite It is not to my present purpose to determine vvhat a people may do as to this after their predecessours have once imbraced a forme and engaged themselves by oath never to change it Or vvhether it be lavvful to svveare unto any one forme 9. It is from the People that such persones and no other persones are made choise of to Governe according to that forme which they have condescended upon before this deed of the People no man can pretend to it all being equal and none over another by nature in any political capacity no man coming out of the womb into this world with a crowne on his head and a scepter in his hand and God as we here suppose immediatly and particularly designeing none nor without the least concurrence of the People instaleing any into that place of jurisdiction and therefore the People must do something in order to this and upon their deed it followeth that such as before were no lawful Magistrates nor had any formal political power are now Magistrates and Governours having lawful power and authority to exerce the function of a Magistrate for though the People do not institute the office of Magistracy and though the proper essential Magistratical power be from God and not from the People and though the parts and qualifications wherewith the Magistrate ought to be and the person which the people do pitch upon is actually endued be from God yet till the People do some thing all these do not formally cloath a man with Magistratical power nor make him a lawful Magistrate nor authorize him to assume that place charge for the present condition and temper of a people may call for a Monarchy as most fit and there may be among the Community now associated combined into one body moe persones then one alike well qualifyed for the charge yet no man will say that these because of their qualifications become eo ipso Monarchs nor can one create himselfe for what right and power hath he more than his neighbour as wel qualified as he Therefore it must be granted that the People create the Magistrate and make this man King and not that man Hence vve often read in scriptures of the Peoples making Kings Iudg. 9 6 I Sam. 11 v. 15. 2 King 10 5. 1 Chron. 12 38. Iudg. 11 8 11. 2 King 14 21. 1 Sam. 12 1. 2 Chron. 23 3. The Surveyer seemeth to yeeld this Pag. 102. See Gerhard de Magistratu § 49 89. Pag. 718 719. Althus Politic. Cap. 19. numer 103 c. 10. It is from the People that this way of election and not another is pitched upon There being several wayes how in constituted Republiks or Kingdomes the Supreame Magistrates doe succeed to other Some at the death of the former succeed by way of free election and he is chosen who
Wife And say that he had an equal power over his Subjects with that which the Husband hath over his Wife which is false yet the connexion will be firme as to a lawfulnesse in this case as wel as in the other 3. If there be not such a connexion betwixt the Soveraigne and his Subjects as is betwixt the natural Head and the Body Then it can no more yea far lesse be an unnatural thing for Subjects to defend themselves against the violence of distempered Princes Who seek directly to destroy the Commonwealth when necessity doth urge Then it is for the members of the Body to defend and fortify themselves against danger paine or sicknesse occasioned by a distemper of the braine yea and with violence seek to cure remove that distemper in the head that is like to destroy the whole body 4. If the Soveraigne hath not a Lordly domination masterly power over his Subjects but they be is Brethren not his Slaves and if the very Law will allow Servants to defend themselves against their Lords and Masters L. Minime 35. de Rel. sumpt funer and no man with us will account it unlawful for servants to defend themselves against the unjust and violent assaults of their Lords and Masters Then farr lesse can it be accounted unlawful for private Subjects to defend themselves when constrained with necessity against the unjust assaults of the Soveraigne or his emislaries But the Antecedent is cleared and confessed Ergo. 5. If the Soveraigne have no despotick or Masterly power over the goods and heritages of his Subjects as we have proved Them very lawfully may they defend their lands goods and heritages from the violent and unjust oppressions of the Prince or his emissaries sent out to plunder rob destroy their corns cattel goods land summes of money c. 6. If the Kingdome be not his proper heritage nor he proprietor thereof as was shewed Then when He or his Emissaries come to destroy a considerable part of the Kingdome and to alienate the profites and emoluments thereof unto others then the proper owners and proprietors unjustly Then may that part of the Kingdome lawfully resist these unjust oppressours and invaders defend their owne 7. If He be not so much as an usufructuary of the Kingdome then when He laboureth by his Emissaries to waste and destroy the Kingdome or any part thereof by unjust violence private Subjects may resist that unjust violence and oppose his oppressing Emissaryes If a Master may hinder his usufructuary tennants who would deteriorate the land which they possesse by compact Then much more may subjects resist the Princes Emissaries when labouring utterly to spoile and lay waste these lands whereof he is not so much as an usufructuary 8. If the King's power be only fiduciary as is shewed Then when that power is manifestly abused and the pawne which he hath gote to keep in imminent and manifest danger lawfully enough may he be resisted When the Lives the Liberties of the People or their Religion is committed unto him as to a publick Tutor Watchman or Servant He what through negligence what through wilful wickednesse laboureth to destroy and undoe and overturne all very lawfully may Subjects in that case of extreame necessity seek to secure the Necessary and desireable things and resist his fury and unjust violence who contrare to his oath and promise seeketh to have all overturned and ruined Althusius pol. cap. 38. n. 39. speaketh well to this saying Octava ratio sumitur a natura contractus mandati quo summa Magistratui administratio est delata à populo ad hoc ut Reip pro●it non ut noceat Rom. 13. Vasq lib. 1. c. 44. n. 6. c. 1. 2. Illust Contr. quando igitur mandatarius fines mandatiexcedit non illi obligatus est mandator § 15. qui Just de Mand. Luc. 16 1 2 3 c. quando conditio status fortuna mandatarii mutatur in deterius L. si quis cum de procur L. cum quis desolut Aut mandatum a mandante revocatur vel ipse mandans agere tractare negotium incipit ut tradunt J. CC. Vide Vasq Lib. 1. c. 43. n. 5. c. 4 n. 12. Illust Controv. What he addeth is worth the reading CAP. VIII The Peoples saifty is the supreme Law The King is not absolute Hence some Moe Arguments THat salus populi est suprema Lex is asserted by the law of the 12 Tables The worthy author of Lex Rex hath fully confirmed this truth and vindicated it from the exceptions and false glosses of the Royalists Quaest 25. And therefore we need say lesse to it especially seing this Surveyer hath nothing against it that I have observed That it is a truth That the peoples saifty is the cardinal law hence appareth 1. That the attaineing of this end was the maine ground and motive of the peoples condescending upon the constitution 2. They levelled at his end in makeing choyse of such a forme and not of another for had they thought another fitter for their temper and more conduceing for their good they had not pitched on this but on that 3. with an eye to the saife and sure attaineing of this end proposed and designed they made choise of such persones and of none else 4. upon this account did they condescend upon that manner of conveyance of the supream authority which they thought best 5. For no other end was it that the Prince was limited and bound unto conditions 6. The end being alwayes preferable to the meanes as such The Peoples saifty which is the end must be preferred to all such things as are made use of as meanes conduceing to this end 7. By the very Law and institution of God the Magistrate is ordained for the Peoples good Rom. 13. ver 4. and to this end next to the glory of God unto which we alwayes give the preference is he direct all his publick actions as a Magistrate and by this is he to stirre his course in governing the helme of the Republick 8. Hence it is that all the municipal lawes of the Land are made renewed corroborated explained or rescinded and annulled so as they most conduce to this great end which is ever anima ratio Legis 9. Hence also it is that no law in its letter tending to the hurt and detriment of the Realme is or can be of force 10. Hence it is that the Soveraigne in cases of necessity may neglect the strick observation of the letter of the lawes and for the good of the community neglect private mens interests Finally the very law of nature requireth this as Boxhornius Inst Polit lib. 1. Pag. 25. tells us Doctor Sanderson in his book dc obligati●ne conscientiae praelect 9. 10. laboureth to put another glosse upon this axiome But he may be easily answered for we shall readyly grant with him that by saifty here is not meaned dignity or liberty in
King of Persia did flee to the Romans to seek their help upon which and some other causes a war arose betwixt the Romans and the said King It is true they made not head against the King while they remained in his countrey because they were not able otherwise they had not run to the Romans for help Our Surveyer cannot deny that they sought the Emperour's help but he saves This will not necessarily Import that they stirred them up to invade their King in their behalf but that having come to them they might have the help and benefite of their protection But vvhether they stirred up the Emp●rour or not is not much to the matter seing they came as suppliants and as Socrat. sayes Lib. 7. Cap. 18. craved that they vvould pity their case and not suffer them to be so oppressed and the Emperour made this one cause of the vvar vvhich he undertook against him and vvas one of the causes as the historie tells us that made the Romans angry with them and vvhen the Persian King demanded back his fugitives it vvas ansvvered they vvould not do that yea and that not only they vvould endeavour to set the suppliants at freedome and deliver them from their oppressours but also that they vvould undergoe any thing for the good of the Christian Religion and as socrat sayeth lib. 7. c. 18. they purposed not only to aide them but also with all might possible generally to maintaine the quarrel in the behalf of Christian Religion Againe our Surveyer tels us that the Persian Kings had once submitted to the Romans Which whether true or false is not mentioned in all this history either as the ground moving the oppressed Christians to flee to the Emperour Theodosius for help or moving Theodosius to wage vvarre against them And so by this example of theirs we see that oppressed subjects may run and seek releef from strangers when they cannot help themselves Thus we see this Surveyer's argument is many wayes weak and against himself Moreover 4. When Athanasius was forced to flee out of Alexandria and Gregorius was brought thither with armed souldiers and put in possession of the Church the Citizens of Alexandria not withstanding of Syrianus the captane under the Emperour his being there with five thousand armed men were so displeased with what was done that they set St. Denis Church on fire See Socrat. Hist Eccles Lib. 2. Cap. 8. Or cap. 11. after the greek copy 5. When the honest People at Constantinople had chosen Paulus to be their Bishop after the death of Eusebius the Emperour Constantius sent Hermogenes the captaine to thrust Paulus out of the Church and when he came to execute his commission with force the People prepared themselves to aide their Bishop forced the house where Hermogenes was and pulled him out by the eares and killed him See Socrat. Lib. 2. Cap. 10. 6. When Paulus was againe placed in Constantinople the Emperour sends Philip the president to remove him and to appoynt Macedonius the Arian in his stead But Philip was so affrayed of the People that he went straight unto the publick bath called Zenxippus and sends for Paulus and being in fear of the multitude who being suspicious flocked thither conveyes him secretly out a back window Then he and Macedonius went unto the Church and were guarded all alongs by souldiers with naked swords and when they came to the door the throng was such that they could not enter till there were some thousands Killed If Philp the Emperours Lievtenant had not been afraid of the People he had not done as he did So for fear of the People the Lieutenant of Valens the Emperour durst not execute these fowrscore priests who had come 〈◊〉 supplicate the Emperour in name of all the rest in Nicomedia and were commanded to be killed by the Emperour See Socrat. Lib 4. Cap. 13. all which sayes it was no rare thing for People to resist even with force the Emperours Emissaries sent to execute his unjust decrees 7. Socrates tells us Hist Eccles Lib. 7. Cap. 14. hovv divers Monks inhabiting mont Nitria espoused Cyril's quarrel and coming to Alexandria assaulted the Lieutenant in his Chariot with stones so that his guaird was forced to flee away 8. About the year 404. when the Emperour had banished Chrisostome the People flocked together about the palace so that the Emperour was necessitated to call him back againe from his exile See Hist Tripare Lib. 10. Cap. 13. 9. When Ambrose was banished by Valentinian the Emperour at the instigation of his Mother Iustina the People did resist such as came to carry him away such was their Zeal for the truth and love to their injured Bishop see Hist Tripart Lib. 9. Cap. 20. and they would rather lose their lives as suffer their pastor to be taken away by the souldiers that were sent to pull him out of the Church and thurst him away by force See Ruffini Histor Lib. 11. c. 15. Now let the Surveyer tels us what he thinks of their practice And if he think their practice any other commentary to Rom. 13. then our glosses and if it be any thing different from our practice in these dregs of time as he loveth to speak We proceed now unto his Reasons which are but the same things we have heard formerly The summe of the first is this That doctrine cannot be of God which to the eye of sound reason doth unavoidably if practised overthrow God's order for setling Societyes and open a gap to perpetual seditions against Magistrates and will please wicked malefactors well being a proclamatoin to them when condemned to violent the Magistrate for the matter is referred to each particular person to judge of his owne suffering and his discretive judgement must determine him to resist Answ Here is a heap of words but no sinewes of an argument This man is good at catching poor simple ones that cannot discerne his tallacies But such as are wise will smile at his confidence in reasoning after this manner For. 1. His doctrine not ours overthroweth God's order It is God's order that Commonwealths be preserved from ruine and destruction that Magistrates should lay out themselves and all their power for the good of the Realme over which they are for as Ciecro sayeth eo referenda sunt omnia its qui praesunt ali●s ut ●i qui erunt eorum in imperio sint quam beatissimi and elsewhere ut gubernatori cursus secundus medico salus imperatori victoria sic moderatori Reipublica beata Civium vita proposita est But by his doctrine if the Soveraigne will and how mutable and inclineable to tyranny the will of Princes is all ages hath witnessed The Commonwealth is remedylesty gone if he will destroy the same there is no help if he turne Tyrant and one wreatched Counseller may in a short time by asse a Prince that is not otherwise wel balasted to this ruine is unavoydable But by our doctrine there is
a remedy to preserve the commonwealth from ruine more regaird is to be had to this which is the end then to the Prince who as such is but a medium to this end 2. Such as plead for the good of humane Societyes should as much labour to prevent the utter overturning of the same as to prevent seditions Good phisitians will labour more carefully to prevent death then to prevent a little distemper or sicknesse yea and will cause a distemper to prevent destruction but this montebank if he procure with his prescriptions present ease careth not though the patient die the next day But 3. How doth our doctrine open a perpetual gap to seditions Because sayes he by our way every private person is made judge not only his owne actions but of his sufferings and he must suffer no more then he thinks meet But 1. would he have all the Subjects becomeing more senselesse and stupide then beasts Would he have them casting away their soul judgment that they should have no more use of their reason to judge what either is commanded or imposed by penalty If he grant a judgement of discretion in actings how will he salve the Magistrat's credite and honour and prevent rebellion and sedition if there be such a necessary connexion betwixt the exercise of this judgement and the consequent he dreameth of For disobedience is a resistence as well as non-submission to the punishment 2. Though we allow to every one a judgement of discretion yet we allow no man's judgement to be the rule of his walking We say not that an erring judgment is a rule to walk by and therefore we say that a subject is bound to obey the Magistrates lawful commands though he in his private judgement should account them sinful so we say he is bound to submit to punishment which is just and justly inflicted though he judge otherwayes Yea we grant furder he is bound to submit to unjust sentences patiently when he cannot by faire and possible meanes shun them Yea moreover we grant that in matters of smaller moment he may lawfully beare with the losse of a little to redeeme more or save more from hazard But our question is if the Body of a land or a considerable part thereof ought stupidly to submit to the losse of Life Lands Libertyes and Religion when not only they judge these to be in hazard but when all who have eyes in their head see it it is undenyable being written on all the Acts actings of these in power palpably too too sensibly felt by al such as desire to keep a good conscience to be keeped free from the rageing wickednesse aposrasy of this generation 4. Though I know few malefactors who when attached arraigned condemned would not do what they could to deliver themselvs from death though this question had never been started yet our doctrine will not warrand such to do violence to the Magistrate For we judge it not enough that they say they are innocent and deserve on punishment Our case is a case that is manifest and not our and a publick injury avowed and maintained And will he think that because a Malefactor justly condemned to die may not resist the Magistrate executing his office Therefore a Land may not defend themselves against the Kings Emissaries sent out to execute unjust sentences tending to the ruine and destruction of Religion and Liberties His 2. Reason Pag. 44. is in summe this That by this way Magisirates in doing their duty cannot be secured for it is not enough to say let Magistrates rule rightly and not oppresse because that in the holy permissive providence of God oft the best princes are not best used some crossing of the will of a forward and furi●●s party may move them to fancy ther Prince a Tyrant and thereupon account themselves free to offer violence And from resistence they will goe to revenge the fury of evil consciences instigating them in histories it will be found that hardly did ever people resist a prince but in end it came to revenge and of times the best princes have been worst used at least as evil as the naughtiest as may be seen a mong the Roman Emperours and Christian Emperours and Kings and amongst our own Kings c. Answ Lend us this argument and we shall see what to make of it By his doctrine people can never be secured from unjust violence or from continual oppression and slavery for it is in vaine to say let them do that which is right and Magistrates will do their duty for albeit it be true that faithful and honest subjects may in the way of their duty expect from God that he will incline the hearts of Magistrates to respect and encourage them yet in the holy permissive providence of God it comes often to passe that the best people are not best used by their princes And this all histories both ancient and moderne abundantly demonstrate This court divine is all for the secureing of the Prince in all his tyrannies oppressions and speaks nothing for guarding the saifty of the people which is the end for which Magistrates were appoynted And this is to pervert the order of nature so to secure the meane as to destroy the end For that is to make the meane the end and no more the meane 2. We justify not Subjects as are unruly seditious against good Magistrates doing their duty nor do we plead for Subjects riseing up in armes against their Magistrates for every small injury or when they deviate in a little from the right way Let him grant to us That subjects may oppose their Magistrates and resist unjust violence with violence when in stead of being Magistrates they become wolves and Tygers and in stead of being pastors of the people they become lyons seeking to destroy and devoure them and when they overturne the ends for which they were appoynted and destroy the liberties of the Subject overturne the Religion which they were obliged sworne to defend in their place and according to their power and we desire no more 3. If any under pretext of repelling of violence shall unjustly injure the Magistrate we approve not such we justify them not let them answere for that themselves This is nothing to our question if he say that our doctrine openeth a gap to this He is mistaken for such as say that the sinful and unjust commands of Magistrates should not b e obeyed do not open a gap to all disobedience even in the most just commands And since he will grant that unjust commands ought not to be obeyed let him close the door here so that from this there shall be no hazard of mocking the Magistrate when commanding just and necessary dutyes And with the same engyne shall we close the door so that when we say that Magistrates destroying Religion Libertyes and what is dear to Subjects may be resisted we shall secure the
and often hath been destroyed and the body of the Republick hath remained intire and in better condition then formerly 2. Opposition may be so made to the Head that it destroyed not the noble parts with defluxions sent downe thence and it must to prevent the destruction of the body be purged so may a Tyrant be resisted for the saifty of the Commonwealth Obj. 6. It is better to have a sick head then no head id ibid. Ans Datur tertium there is a third a sound wholesome head 2. A commonwealth needs not want a head long Obj. 7. There is greater hazard in casting out a Tyrant then in suffering tyranny idem ibid. Ans 1. resistence may be without destroying or casting out of a Tyrant 2. That hazard speaks not to the lawfulnesse or unlawfulnesse of the thing but only to the expediency or inexpediency of it which is a different question An interprize may be hazardous and yet lawful 3. It will not alwayes be found to be such a hazardous thing even to cast away Tyrants as to suffer them to tyrannize Obj. 8. A Tyrant can never be destroyed without the ruine of these who have destroyed him for some of his posterity will avenge the quarrel id ibid. Ans 1. We have many instances to the contrary in the Book of God See the Books of the Judges and Kings who of Joram's posterity avenged his death on Jehu or his posterity 2. A Tyrant may be resisted lawfully notwithstanding of such difficultyes Obj. 9. God punished the wicked Kings of the Jewes not by the Jewes but by strangers id ibid. Answ This is contrare to many examples in Scripture Jehu was not stranger 2. We speak not of punishing wicked Kings but of resisting their unjust violence Obj. 10. David spared Saul 1 Sam. 24 and 26. Whom he might lawfully have killed as some think because he had given David's Wife to another had banished him and his Parents out of the countrey and had killed the Priests id ibid. Answ If David was a publick Judge and might lawfully have killed Soul for his injustice murther and oppression and did it not I see not how he can be justified But to me it is a question if David was any other then a private person so long as Saul lived and his resisting of Saul and defending himself with armed men against his fury doth abundantly confirme what we say Object 11. Ieremiah doth not arme the jewes against Nebuchadnezar with a sword but with prayers for him Id. Ibid. Answer 1. We have not Ieremiahs now to reveal God's minde to us extraordinarily 2. If this were a standing precedent The Supreame Magistrate might not defend himself and his subjects against a forraigne Enemy comeing to destroy and conquere the land for Ieremiah commanded the King to submit to Nebuchadnezar Object 12. Christ commandeth tribute and not poyson to be given to Princes Id. Ibid. Answ We plead not for Poysoning of Princes but for resisting their unjust violence against which Christ doth not speak but rather he ought to have remembered these words Let him that hath no sword sell his coat and buy one Obj. 13. Paul Act. 23 ver 5. Will not have an evil Prince so much as cursed Id. Ibid. Answ Then no Magistrate no not an inferiour should be resisted for such may not be cursed doing their duty 2. We may not curse nor revile any of out equalls or inferiours Mat. 5 v. 44. Rom. 12 v. 14. Livit. 19 ver 14. and 20 v. 9. 1 Cor. 6 ver 10. and yet such useing violence against us may be resisted we may not curse the rich Eccles 10 20. and yet they may be resisted when violently and injuriously they assault us Obj. 14. War is not lawfully undertaken without the warrand of the Superiour But Subjects have no superiority of authority over the Magistrate Gerhard de Magist Pol. § 483. Answ 1. A war defensive may be undertaken without the expresse warrand of the Superiour 2. Defence may be used by such as are inferiour to the aggressors as by a Wife a son a Servant as is shewed yea the injurer is ever eatenus inferiour to the injured in Law Obj. 5. Christ sayd Mat. 26 ver 52. that such as took the sword should perish by the sword Id. Ibid. Answ That is true of such as useth the sword further then God hath allowed or contrare to his expresse revealed will but not of such as have a lawful call thereto by the Law of Nature and use it in their sinlesse defence when there is no countermand of God Which place we have abundantly vindicat already where we shewed that his commanding them to sell their coat to buy swords sufficiently warrandeth this self defence And though some do take that speach to be allegorick yet the whole context cleareth that it is meaned of swords of steel for they said Here are two swords and he said it is enough Sure these were swords of outward mettal as the event proved And to answere Mat. 26 ver 52. with Luk. 22 ver 39. is not to set Scriptures by the eares but a solid way of answering an argument brought from abused Scripture as Christ's practice teacheth us answering the devil's argument taken from Psal 91. 11. by produceing another passage Deut. 6. 16. see Mat. 4 6 7. Obj. 16. The example of the saints in the Old and New Testament is against it neither the Prophets nor Apostles gave this Command but rather prescribed unto them patience and prayers That Citizen of Nieomedia was condemned of all who tore in pieces the Emperour's edict against the Christians Id. Ibid. Answ 1. We have seen instances both in the time of the Old Testament and in the dayes of the New Testament making for us 2. We finde not the Prophets nor Apostles forbidding this 3. Their pressing to patience and prayers is not repugnant to this innocent res istence we may pray against forraigne invaders yet may we resist them 4. Tearing of the Emperour's edict is no act of self defence Obj. 17. This would close up the way of persones acquireing the crowne of Martyrdome Id. Ibid. Answ If upon this account private persons might not resist Magistrates neither might inferiour Magistrates resist the supreame which yet he will not condemne Yea. 2. If this ground hold the Supream Magistrate might not resist an army comeing to destroy him and all his Kingdome for Religion but He and all were bound to hold up their throats that they might receive the Crowne of Martyrdome 3. It is good to waite for this Crowne in God's way and not to run to the stake without a cleare call and if People may fairly and with a cleare conscience deliver themselves it is a question if they be called to suffer Obj. 18. Some adduce that place Eccles 8. ver 2 3 4. I counsel thee to keep the Kings command and that in regaird of the oath of God he doth whatsoever pleaseth him where the
for their defence and preservation Then much more may they lavvfully novv joyne and associate together for their defence and preservation without making any such rupture or new erections but endeavouring to keep the old Society firme and intire undissolved and unweakened So that though his glosse should be admitted he doth but bewray the ignorence of his capricious braine to take the Medium for the conclusion And the antecedent will be granted by politians and is expresly asserted by Althusius Polit Cap. 20. Num. 20. in case the Prince keep not his promise but violate his faith and Covenant 5. Suppose also that this which he alledgeth had been the authors positive assertion can he hence inferred with any colour of reason that it was or is the designe of the author and his party to dissipate and dissolve the old setled frame of this Kingdome and erect new Commonvvealthes vvith nevv distinct Soveraignes Seing every one knovveth that many things are lavvful vvhich are not expedient convenient nor necessary that it vvere the result of no mature deliberation but of madnesse and folly to intend and designe such a thing vvhich though lavvful in it self yet all things considered vvere very inexpendient and unnecessary yea not only not advantageous to their ends and purposes but quite destructive thereof Novv since the Surveyer hath dravvne in this controversy by the eares and set it in the front of his learned and elaborat pamphlet vve must suppose him one vvho is vvell versed in this topick and can give a good account of his politick notions touching this quaestion But alas if he had a real adversary to deal vvith as novv he doth but faigne one to himself it is easy fighting against a man of stravv or one of our ovvne making his ridiculous and yet audacious folly vvould easily be made to appear his adversary vvould laugh as indeed he vvould have cause at the shakeing of his spear He maketh this the thesis which he undertaketh to confirme That when politick bodyes are setled in voluntary associations or whatever way in the course of divine providence they have been reduced to live under the same lawes and authorities and have continued long in the union of a common interest under the protection of magistracy to break off from the body in seditious secessions cannot but be displeasing to God and they are no other then firebrands confounders of humane society fighters against God and his ordinance who instigate People to cut off themselves from the body of the Common wealth whereof they are members But would not his adversary tell him that he had granted as much in the words immediatly preceeding as would make him and his position both ridiculous For he hath granted That the Lord hath not by any precept particularly determined the bounds of every embodied Political society There being some greater and some lesser acting under their several heads and souveraigne Magistrates And seing neither God nor Nature hath determined the quantity and extent of each Republicki or embodyed Politick Society what more affinity hath it with sinful sedition to say that greater bodyes may be divided and subdivided into lesser Republicks then to say that moe lesser bodyes may associate together to make one greater especially seing Politicians tell us that the ends of government are more easily attained in a lesser Republick then in a greater and that a mid way commonwealth neither too larg● nor too little is the best as being lesse subject to vices and greater calamities as was to be seen in the Roman Republick before it was enlarged in the dayes of Marius Sylla Pompey and Caesar and is to be seen this day in the Commonwealth of Venice and the like as Althusius shewes us Polit. Cap. 9. num 11. The time was when all the World was under one head and after they were multiplied they became distinct Republicks without any sinful or seditious secession The time was when all thess westerne parts were under one Emperour and was nothing but a seditious secession caused by firebrands the ground of their becoming many and distinct Republicks The time was when Scotland England and Irland were distinct Kingdomes and under distinct Soveraigne Magistrates and what repugnancy were it either to the Law of God or nature to say they might be so againe So were there once Seven Kings in England at once and moe then one King in Scotland at once and by no reason can he prove that it should always be as it is at present but by the same reason his adversaries could prove him guilty of treason for he behoved to say that because we were once all under one Emperour we ought to be so still and that the King must either hold his crowne of the Emperour or be an usurper and a seditious rebel for in the course of providence we were then reduced under the same Lawes and Authorities and continued in the union of a common interest for some good space of time Yea and observe many of these civil Lawes yet Thus we see whither this advocate will drive the matter and how little service he doth his Majesty for all his rich recompence But it may be his arguments are cogent and binding He hath many words Pag. 4 5. to prove that this is contrary to Religion The sum is this Never greater perversion of government then in the times of many of the Prophets and in the dayes of Christ and his holy Apostles and primitive Christians and yet this was never their doctrine or sense Answ Is this all that he can say to prove that this is contrary to Religion Sure his adversary will think that he hath little Religion who sayth so and that he hath farlesse loyalty to his Master the King of Great Britane for why Because contrare to the doctrine of Christ and the Apostles and the sense of all the primitive Christians he acknowledgeth the King of Britane to be a distinct King from the Roman Emperour and not to depend upon him They never taught that Britane and Irland should be ruled by a King distinct from him and that these Islands should be separate from the Roman Empire and so the King holds his Crowne by usurpation and by an irreligious secession from the Empire which neither Christ nor his Apostles ever taught and must not this man and not we acknovvledge Iudas of Galilee and Theudas to be his Masters For they taught especially the first as Iosephus and Ruffinus out of him shevv us that no tribute should be given to the Roman Emperour and he vvil do the same and say that it should be payed to king Charles the II. Next his adversary vvould tell him that if this were held and maintained as a poynt absolutely necessary to salvation then his argument vvould say something But seing it is only held as lavvful and according as providence determineth it to be convenient or inconvenient to be practicable it is sufficient if the doctrine of the
so must be a precedent example for judges and Magistrates in all time coming and by this example any member of the Council might lawfully rise up and execute judgment on this wicked wreatch and his cursed fraternity who have brought by their apostasy and defection from the Covenant and cause of God the wrath and curse of God upon the land 2. That Phineas was the High Priest's sone we know and that he was afterward High priest himself is truth but that he was at this time a publick Magistrate or a member of the great Sanhedrin we see not It is true there were some Princes of the tribes men of renowne Numb 1. ver 16. but he is not mentioned among those neither were these the great Sanhedrin So these princes of the assembly Numb 16 2. were not the Sanhedrin which did consist but of 70 Members Numb 11. Nor was Phineas one of them And that congregation of the children of Israel mentioned Numb 25 6. amongst whom Phineas was ver 7. was not the Sanhedrin which we never finde as I remember so called but the whole body of the People who were then mourning partly for the sin commited and partly for the execution when the heads of the People vvere hanged up and a thousand moe killed by the judges at Moses his command for Paul 1 Cor. 10 ver 8. sayes there died of the plague tvventy three thousand and here vve finde there fell in all tvventy foure thousand Againe it is remarkable that this single act of Phineas in killing two persons is so much rewarded and taken notice of by the Lord yea more then the many who were killed by the judges ver 5. So that it seemes he was no publick Magistrate and that he did it with the approbation of Moses is probable but that Moses did command him we see not only we finde that the Zeal of God moved him and therefore is he highly rewarded though he was but the son of Eleazar the son of Aaron Yea that which the Surveryer citeth out of Deodat rather confirmeth this for Deodat calleth it an act of extraordinary zeal motion of God's Spirit and he addeth that Moses the Supreme Magisstrate did approve it but what needed this if he had been a Magistrate seing there was a command given to the Magistrates ver 5. and a command is more then an approbation Aquinas and Gerhard call him it is true a judge but we see no proof unlesse they could evince that he was a member of the Sanhedrin of which Gillespy speaks in his Aarons rod. lib. I. c. I. The Dutch Annotat. on Psal 106 31. Suppose him to have been no Magistrate but say that this fact was beside his ordinary calling His 2. answere is Pag. III. That suppose he had been a meer private person yet it could prove nothing because he did it with the approbation and good liking of Moses and so he is but the executor of that unanimous sentence Answ But not only is this not written but the scripture giveth another ground of his fact then any warrand or command of Moses And so his answere in rebus facti a non scripto ad non factum non valet consequentia is not to the purpose Now I say the scripture giveth another ground viz. his zeal for his God which is not spoken of the other judges who ver 5. were commanded of Moses to execute judgment yea that word Psal 106 30. then stood up Phineas and executed judgment clearely hinteth at more then his being a meer satelles Magistratus and the ample reward which was given him and the Lord 's counting it to him for righteousnesse speak some other thing then that he had a call of the Magistrate and was his executioner In the 3 place he sayes The cases are different for then was horrible idolatry and villanous whordome committed avowedly and with a high hand in the sight of the Sun and in way of open doing despite to God but it is not so now Answ Prudence might have taught him to have concealed this for it were easy to draw such a parallel as would make him afrayed if any did intend to follow that example For I am sure what ever he account of the present apostasy and how ever he mince it as no doubt zimri would have minced his uncleannesse when he justified the fact before the Council as he told us Iosephus said yet the apostasy and perjury is open avowed abhominable and villanous committed in the sight of the Sun in despite of God and maintained as right and lawful howbeit it be such as the very heavens may be astonished at For such open avovved malapert vvickednesse defection and perjury all things considered vvas never heard of in any generation Hovv our reformation aud confession of faith is maintained vve have heard and albeit he make all the change to be only a change of the exterior forme of Church government yet when he is before his judge he shall finde in the cup of this iniquity manifest avowed perjury overturning of the work of God destroying of the interest of Christ blasphemy near unto that unpardonable sin if not the very same in fathering the works of the right hand of the Most high on Satan open and avowed persecution of godlinesse opening of a gap to all licentiousnesse horrid iniquity increase of idolatry villanous and avowed whordome Sodomy atheisme and devilry and more wickednesse then tongue can tell or pen can paint out but is on clear record before the Lord. 4. Sayes he Let it be so that he was a meer private man and had no warrand from the Supreame Magistrate to do what he did his fact cannot warrand Men to attempt the doing of such acts unlesse they can shew as good warr and and approbation from God as he could Answ That he had God's warrand and approbation vve do not doubt but that it was such an approbation as was peculiar to extraordinary un-imitable acts is the thing in question we grant with him That God is the Lord of all Magistrates and of all men's lives can when it pleaseth him crosse ordinary rules and apppoynt some to execute his judgments extraordinariely but the question is whether every thing which the Surv. accounteth extraordinary is so indeed He may sayes he send Moses to kill the Egyptian Eglon to kill Ehud he should say Ehud to kill Eglon Elias to destroy companyes of men with fire from heaven or to kill Baal's Priests He may command Abraham to kill his sone Isaac he may excite David to a bloody duëel Sampson to murther himself Ans Will the Surveyer account these instances alike extraordinary and unimitable Sure Royalists will think that Ehud's killing of Eglon may warrand any private person now to kill a tyrant without title But I lay more weight upon Iohn Knox his distinction in this matter in his debate with Lithingtoun hist. of reformation Pag. 390. edit in fol. And as touching sayes Mr.
the Kings bloody Emissaryes that they may murther them all O But this man must have a blood-thirsty heart 12. That all or ●he most part of Iulian's army was Christian is but supposed not proved It was but a small part that being deceived by him under colour of a largesse threw some frankincense into a fire secretly kindled in honour of an idol and finding the deceit arose from the feast prepared for them and ran thorow the market place and cryed we are Christians c. and called upon the Emperour to kil and behead them till he was enraged and banished them And as for that proof of it that he adduceth it is a non-sequitur for it was the souldeours affection to Iovinian and earnest desire to have him Emperour after Iulian's death that made them cry our we are Christians when he was refuseing to accept of the imperial dignity for they compelled him seyeth Socrates Lib. 2. Cap. 19. and for this cause to dissuade them from putting that honour on him Or because of his owne unwillingnesse to command over Iulian's army which was Prophaned with sacrileges as Ruffinus sayeth in his history Lib. 11 Cap. 1. He told them he was a Christian and that he would not take on him the command of Heathens See Historia tripartitae Lib. 7. Cap. 1. and so supposed them to be all heathens And therefore the sense of their speach was only this Since yee are a Christian we will be all Christians also take you the imperial throne notwithstanding of that Moreover though the souldiers in Iulian's army should have scrupled at making resistence against their Emperour and General unto whom they were sworne as souldiers it speaketh little to the poynt for subjects are not so under their Soveraignes as Souldiers are under their Commanders and Generalls they are under the General 's pay and so his servants and are hired for his behoove but the King doth not hire Subjects nor are they his servants and under his pay and he stands otherwise obliged unto them then the Emperour did to his souldiers finally Nazianzen in his Orat. 2. in Iulianum seemeth to say that the reason why Iulian the Apostate was not opposed was because they were not able For sayes he Nos autem quibus nulla alia arma nec Praesidia praeter spem in Deum reliqua erant ut pote omni humano subsidio prorsus destitutis spoliatis quem tandem alium aut precum auditorem aut inimicorum depulsorem habituri eramus quàm Deum Iacob c. i. e. what could we do but betake ourselves to the God of Jacab since we had no other armes nor walls nor strengthes being destitute and spoiled of all humane help Sure this will not say much against us nor for our Surveyer Yea he hinteth in his first oration in Iulianum That for fear of resistence of crossing his end the Apostate Iulian would not make open war at first upon the Christians Nos enim sayes he si vis inferatur acriores obstinatioresque futuros ac Tyrannidi obnixum pietatis Tuendae studium objecturos cogitavit solent enim fortes generosi animi et qui vim afferre parat contumaciter obsistere non secus ac flamma quae a vento excitatur quo vehementius perflatur eò vehementius accenditur i.e. If he had used violence he knew he had found us more peremptory and refractary and ready to have opposed to his tyranny a fixed purpose and endeavour to preserve our Religion for stout and generous spirits use to resist with greater violence such as violently assault them as a fire blown at by winde the more the winde beat● upon it the more it burneth Which she wes clearly that if that Apostate had used force at first he had met with opposition and therefore he thought it fittest by policy to weaken them disarme them and subdue them and then fall on them with force and persecute them 13 If we shall adduce some instances of the primitive Christians defending themselves and their Religion by force against the Emperours Emissaries whither will our Surveyer then send his soul while he looked upon them as altogether free of any such charge he cryed out Balaam-like anima mea sit cum animabus veterum Christianorum but ere it come there he must repent of what he hath done and said But if their practice was suteable to ours what will he then do with his soul for he vvill not have it with the late Christians nor can he now have it with the old Christians and so it must goe to a distinct place and so it will if he repent not But to our purpose 1. Blondel in the forcited place tels us that about the year 310. The Armenians waged warre against Maximius who was come against them with an army because of their Religion and defate him 2. S●crates in his Ecclesiastick history lib. 2. c. 30 after the English translation tels us That by the command of the Emperour and cruelty of Macedonius it was proclamed that the Churches of such as imbraced the creed containing the clause of one substance should be thrown down even to the fundations as soon as the commissioners for suppressing the churches had given the onset immediatly a great number of Novatians and diverse others which maintained the doctrine of one substance pulled downe that Church removed it to another place and there erected it againe againe Macedonius like the prelate of Galloway understanding that there were many both at Pophlagonia and at Mantinium of the Novation opinion which could by no meanes be commodiously removed by Ecclesiastical authority procured that foure bands of souldiers at the Emperours commandement should be sent to Paphlagonia to the end the inhabitants might be terrified and thereby brought to imbrace the Arian haeresie But such as inhabited Mantinium being kindled with an earnest Zeal towards Christian Religion went against the souldiers vvith chearful mindes and valient courage after they had mustered together a great hoast they all marched forward to battel some had taken in their hand long hedging bils some had axes some other met by chance with rusty armour when they joyned together and came to handigriping many of the Paphlagonians were beaten downe the souldiers few only excepted vvere slaine every one Moreover he tels us in the same place when this Macedonius was about to destroy the temple in which Constantine lay buryed and had a purpose to translate the Emperours bones the people vvithstood his interprize and vvhen he gote the bones carryed into the Church vvhere Acacius the Martyr was buryed the multitude of the contrary side ran thither in haste and this occasioned a very great slaughter so that the Church the porch unto the street was runing with blood full of dead bodyes for this Macedonius gote little thanks of the Emperour 3. in Hisioria tripartita Lib. 11. c. 15. It is told us How the Christians oppressed by Barabanes or Baratanes