allovv vvhy shall it be unlavvfull for a considerable part of the land to defend their Lives and Estates their Libertyes and Religion by forcible resistence made unto the Magistrat's Emissaries cruel bloody souldiers vvhen that moral resistence by petition vvhich yet no rational man can account resistence it being rather an act of subjection is contrare to all lavv and equity denyed and also the legal resistance by plea in court is not admitted Doth the municipal lavv of the land permit the one resistence aud vvill not the lavv of nature and nations vvhich no municipal lavv can infringe be a sufficient vvarandice for the other in case of extream necessity If it be said The Soveraigne hath law and right upon his side in this case which he hath not in the other till the law discusse it Ans The Law and Right which he hath on his fide in this case is but meerly pretended as in the other case and is lis sub judice Neither is he to be both judge and party in this case more then in the other againe if it be said that in this case He acteth as a Soveraigne executeing the lawes but in the other case he acteth only as a private person It is answered 1. That even in the other case He may pretend to be acting as a Soveraigne following executeing the lawes as well as in this 2. The Soveraigne as Soveraigne cannot oppresse nor do wrong therefore even in this case when he doth manifest injury unto the subjects contrare to his place vow and promise he acteth but as a private person and not as Soveraigne 2. If it be lawful for private person to warde off and defensively put back personal injurious assaults to the manifest and immediat peril of life without any colour of deserving of reason of law or judicial proceeding Why shal it not also be lawful for private persons to ward-off and defensively put back the injurious assaults of Emissaries to the manifest peril of Life Libertyes States Lively-hoods Consciences and Religion without any rational or real colour of deserving of reason of law of God or nations or judicial proceeding Shal it be lawful for one private person in the defence of his owne life to warde off such illegal extrajudicial and irrational assaults of the Soveraigne himself and shall it be unlawful for a body of a land or a considerable part thereof in the defence of their lively-hoods and so of their owne lives and of the lives of their posterity of their Consciences of their Libertyes and Religion all secured unto them by all bonds vowes Covenants Statutes and Actes imaginable to warde off the irrational furious illegal extrajudicial and mad assaults of the Soveraign's bloody Emissaries Sure rational men vvill see that vvhatever reason vvil evince the lavv fulnesse of the resistence in the former case the same vvill more strongly and plausibly conclude the lavvfulnesse of resistence in this case 3. If it be lavvfull for a private vvoman to defend her chastity dearer to her then life by violent resisting the Soveraignes attempts lest by non-resistance she should be guilty and oh if all the vvomen of the nation vvere of this temper Shall it not also be lavvful for private persons to defend their Lives Liberties Consciences and Religion dearer to them then their Lives yea and defend their chastity too by violent resisting of the furious attempts of the Soveraignes bloody Emissaries sent of purpose to constraine and compel them to perjury vvhen their non-resistence according to their povver and opportunity could not but be interpreted a voluntary and base quiteing of the cause and truth vvhich they vvere bound before God to maintaine vvith their lives and fortunes 4. If it be lavvfull to resist habited notour and compleat tyranny against all appearance of lavv manifestly tending to the destruction of a body of a people or a greater part thereof by hostile furious actions Shall it be utterly unlavvsul to resist notour tyranny yea compleat and habited though not as to re-iterated acts yet as to the ground laid dovvne of a most compleat and habited tyranny against all appearance of divine lavv or just and right humane lavves vvhich should be consonant thereunto tending to the destruction of the Covenanted-libertyes privileges and Religion of the vvhole body of the people and also unto the actual destruction of the libertyes states lives and lively hoods of a great part thereof by hostile furious actions 5. If resistence be lavvful in the case of violent attempts or destruction of all known legall libertyes and the beeing of religion according to lavv Shall resistence in our case be unlavvsul vvhen all the true libertyes of the subjects once established by lavves re inforced by vovves Covennants solemne engadgments and all bonds imaginable and the very being of our Religion as reformed in doctrine vvorshipe discipline and government ratified approved established and confirmed by lavves oathes Covenants vovves and promises vvhich lavves so re inforced vvith oathes protestations attestations declarations solemne vovves and Covenants are by all right divine and humane irrepelable being not only in themselves good and necessary but also becoming hereby sacred vovves to God vvhich must be payed being also fundamentall tearmes of the constitution of the reformed Republick 6. If in the case of Vendition Alienation of and giving the Kingdome to strangers violent resistence be allovved shall it not also be allovved in our case vvhen a land that vvas solemnely devoted consecrated and given avvay to God by solemne vovves and Covenants and the same ovvned approved ratified and confirmed by publick acts edicts proclamations declarations lavves and statutes of plenary and even as to all formalities compleat Parliaments made up of all the Estates of the Realme and the King also is novv treacheroussly and iniquosly forced to depart from their former principles to abjure their former vovves and Covenants to change their God to condemne his vvork and by most abhominable and ever to be-abhorred acts and statutes sold and alienated unto a popish prelatical and malignant faction and designe under vvhich the faithful and true seekers of God's face have and can expect lesse liberty for their consciences then if the whole Kingdome vvere delivered up into the hands of the great Turk Thus vvee see these concessions help our cause vveaken the adversaryes not alittle let us novv proceed to speak to another particular vvhich vvill help us also 2. The authors of Lex Rax and of the Apologetical Relation have sufficiently proved that the late vvarre carryed on by the Parliament of Scotland against the King vvas lavvful both in poynt of lavv and conscience And if that vvas lavvfull as it vvas and shall be found to be vvhen he and all his complices have done their utmost vvith all their lying cavills false calumnies reproaches and vvhat not that Hell can hatch to disprove condemne the same a vvarre raised by the subjects in their owne sin-lesse self
the oppressed truth and cause of God and valiently seek and plead for the truth and with their Mother the Church when all is corrupted left a bill of divorce be given her And this is something more then our Surveyer will allow And vvhat way this shall help us vve shall see aftervvard Novv vve must examine What the Surveyer sayeth He Pag. 46. after some rambling after his wonted manner misrepresenting of the thing wich vvas said in Naphtaly as any judicious reader will perceive so that we need not trouble ourselves to discover the same unfaire dealing so oft as vve meet with it lest vve should waiste paper and paines as he hath done in repeating the same things over and over againe He tells us That It is not to be doubted that Religion is the chief interest that men and Christians should look after and where it becomes a legall right and the Magistrate who beares the sword leads the way no doubt privat persones may follow in the violent defence of it against all opposeing the Magistrate the law and themselves in owneing of it Answer This cold laodicean will give Religion the best word but no more He granteth that it is the chief interest that men and Christians should look after and yet so cautious is he in showing the manner how they should look after it that in effect he doth postpone it unto many other lower concernments For 1. it must become a legal right ere they defend it 2. And when it is become a legal right they cannot defend it unlesse the Magistrate lead the way But what if a virgine hath not a legal right unto her chastity by such a law as that leacherous King Ewen the 3. made shall she not be allowed to defend the same And if she shall shall not men be allowed to maintaine their Religion though some iniquous act of Parliament take the legal right of it away Yes doubtlesse if it be the chief interest Againe what if an unjust act take away a man's right to his heritage shall he not be in case to defend it against robbers 2. By his second caution it would appear that if an army of Turks or Tartars were landing in Scotland to robus of our Religion we might not resist unlesse the Magistrate did lead the way But might we not in that case defend our lives and lands If he should deny it I know few that will be of his opinion and if he grant it he must not account Religion the chief interest Againe what if the Magistrate shall permit Subjects to defend their Lives and Libertyes against invaders though he should not lead the way Will he allow it in that case Then he must preferre these unto Religion for Religion he sayes must must not be defended but when the Magistrate leads the way Neither sayes he can it enter into a Christian heart that it is to be surrendred unto the arbitrement or pleasure of any power in the world nor of any Magistrate over us as this man wickedly suggests is done Answ The Surveyer is this wicked person who not only suggests but upon the matter affirmes it and avowes it for what is it else then to surrender our Religion to the arbitrement of Magistrates to say that we may not stand to the defence thereof unlesse they will both authorize it with their law and also lead the way when any oppose it That which we will not maintaine without the approbation and conduct of another we wholly give up to the disposeing and pleasure of that other What he sayes concerning our present case shall be considered in end once for all Then Pag. 47. Whatever may be said concerning private mens resisting the powers that urge them to idolatry or false Worshipe or invading their lives if they will not so do comes not home to the present case Answ He would do well to speak plaine and not look with a double face Either he thinks it lawful in this case to resist or he thinks it unlawful if he think it unlawful to what purpose doth he make mention of it as a different case from what is presently under debate And will not any see that if he deny this to be lawful our Religion is wholly given upto the arbitrement of the Magistrate If he think it lawful he must then grant that Religion may be defended even when the Magistrate who bears the sword doth not lead the way and why then it should not come home to our present case I do not see for he doth not lay the stresse of his answers on the inconsiderablenesse of the ground of the resistence though here and there He hint at that but upon the unlawfulnesse of resisting the Magistrate who beares the sword Now this ground faileth him here But he ads Yet Lactantius word Lib. 5. c. 20. is to be well remembered by all private persones Defendenda est Religio a privatis omnibus non occidendo sed moriendo Answ Then according to Lactantius it must be unlawful to defend Religion even when the Magistrat urgeth to idolatry invading lives if they will not do it yea if this be generally received as a truth The People of Scotland might not defend their Religion against an army of Pagans Turks or Tartars if the Soveraigne should not concurre Which I know not who would assent unto But he will come off with a few notes Pag. 47. c. That whereas Naphtali said That to be violented in Religion which cannot be without an unjust force either on mens persons or on their goods is the most wicked and insupportable of all injuries He thinks such a word should have been better guarded lest all coactive power of the magistrate in matters of Religion might seem to be disowned which would favoure such as are for absolute toleration But what needed this Could he think that the author of Naphtaly did imagine That to be violented in any Religion whether true or false was such an insupportable injury Or that it was his minde to plead for an universal toleration What ground had he for so thinking Sure that had been prejudical to his hypothesis which this Surveyer himself will not call a false Religion will it not suffice to say he meaned a violenting in the true Religion No sayes he for what Sectary will not pretend that he is violented for the true Religion which he will avow is so according to his conscience and it is this man's principle that every man in his discretive judgment is judge of the justice or in justice of his owne sufferings and accordingly must determine a nent his resistence to the violence Answ 1. Then it seemeth his guairding of it in his owne words saying It is true to use violence upon any in their persons or goods to bring them to an external false Religion or to drive them from the true otherwise Religion cannot be violented is the greatest of injuries Is not sufficient to salve the Magistrates
concerning all the land no lesse then these who jeoparded their lives for the same no man in reason can condemne these few that undertooke the interprise the profitable effects of which would have redounded to the whole When a city is on fire no man will think the few that hazard their lives to quench the same are to be blamed though the rest doe lye by and will not concurre The men of Ephraim Benjamin and Issacher who followed Deborah and jeoparded their lives upon the high places of the field that they might deliver the whole land from under the Tyrranny of Iabes King of Canaan though Reuben God and Zebulon did not concurre according to their duty were not the more to be blamed but are the more praised and commended and such as came not put to the help of the Lord against the mighty were under a bitter curse The common tye of Christianity and brotherhood and other supervenient obligations did oblige all the Land as was shewed above to concurre as one man to endeavour the deliverance of he Land from dreadful oppression and tyranny and because the greatest part like Issacher in an other case loved to couch under the burden and refused to contribut their help for their owne delivery and proved enemies shall these few who ventured their lives and Estates and all which they had for the liberation of the land be the more upon that account condemned What hight of absurdity were this Had the Men of Ephraim good reason to challenge Iephthah Iudg. 12 ver 1 2. c. because he fought with the Midianites without them when he sayes that he had called them and they would not come out If an Enemy invade the land and such provinces as are furthest from danger shall neglect or refuse to concure with the rest to expell them yea shall strengthen the invadeing enemy shall these be blamed who are next to the danger to take the alarme at the first and do what in them lyeth for their owne saifty and the saifty of the whole land Therefore seing the cause which these few owned was of common concernment and equally respecting the whole land since the rest would not concurre as they were bound to do they are more praise-worthy then blame-worthy that ventured all for the good of the whole land and did what in them lay to redeem the whole land from that oppression and bondage under which it was lying If it had been some small petty particulare of their owne it had been more lyable to the censures of men but the cause being Common which they did owne a Covenant sworne by all ranks of People and a Covenanted work of reformation and liberty from tyranny both in Church and State was a cause not peculiar unto them but common to all the land it is the hight of absurdity illegality yea and inhumanity to accuse them of Treason of sedition or to condemne their interprise upon that account So that though the major part of the land turne so corrupt as to imbrace a corrupt abjured course see their privileges taken from them the vvork of God overthrovvne lavves ratifying and approving Religion reformed in doctrine vvorshipe discipline and government and secureing people in their peacable and Christian possession of these novv abolished rescinded and annulled their libertyes as civil scotish men and as Christians sold avvay their fundamental compact and the cardinall clause of that contract betvvixt King and Subject cancelled and shamefully brocken Tyranny and oppression of consciences bodyes and Estates established and no legal remedy or redresse apparent or probable and shall notwithstanding of all this love to sit still not to be stirr themselves according to their places power for secureing Religion lawes libertyes For extirpating abjured prelacy and malignancy and restoreing the Ordinances of Christ to their wonted purity delivering the land from slavery bondage from stupenduous apostasy defection at which the Heavens may stand astonished and all men and angels may wonder Shall their negligence and deficiency in duty binde up the hands of the wel affected and render them utterly incapable in law to minde themselves and the good of the whole land the good whereof they are obliged by many bonds and obligations to seek by all farie meanes possible Neither doth the lawes of Nature the lawes of God nor particularly the bond of Christian love to their Native land to their Mother Church and to their Christian oppressed brethren nor the bond of their Covenants solemne vowes and engadgments so limite this duty and loose them from all endeavour after a performance But by the contrare if God give any probable capacity upon all these considerations they are the more obliged to lay out themselves to the utmost and to account themselves the more indispnesably obliged thereunto that as the hazard is greater the losse is the more certane and irrecoverable Wherefore seing the ground and ends of the riseing of these few was not particular but general and national the good and benefite of the interprise redounding unto all no lesse then to themselves and being that whereunto all no lesse then they were obliged by solemne vowes and moral bonds their case must be otherwise considered then the case of a few malcontented persons who because of some particular injuries done to themselves and for some particular ends proper and peculiar to themselves alone arise in rebellion against the lawful Magistrate The Royalists themselves allow it lawful for any privat person to kill an usurper or a Tyrant sine titulo and why But because the good of this action doth redound not to himself alone But to the whole Land So in some places a reward is promised to all such as shall kill a Bear or any such noysome beast because the good and frute of this action concerneth moe then themselves and therefore though all were bound to do what they did yet they are not blamed but rewarded for what they have done So should these rather have been revvarded then blamed or condemned for vvhat they did interprise for the universal and national good of the vvhole Land As for the third Objection so much hath been spoken of that already whether we mean the particular sufferings and oppressions of the People of Galloway The Naphtaly is full to this purpose or the general calamity by reason of apostasy defection perjury oppression in Religion and libertyes which is so noture that none who hath not renunced common sense together with Religion honesty can deny it or pretend ignorance thereof that we need do no more here but give a short reply to what the Surv. hath said to this matter only we would adde this That if That learned lawyer Althusius in his politikes Cap. 38. n. 5. c. give the right characters of a Tyrant and of Tyranny we may have good ground to say that our land beareth many blae marks of that tyranny for sayeth he there is
one kinde of Tyranny which consisteth in violating changeing or removing of fundamental lawes specially such as concerne Religion such sayes he was Athalia Philip the King of Spaine who contrare to the fundamental Belgick lawes did erect an administration of justice by force of armes and such was Charles the IX of France that thought to overturne the Salicque law and whether our King be not in this guilty in overturning the fundamental lawes concerning our reformed Religion let the world judge Next sayes he when he keepeth not his faith and promise but despiseth his very oath made unto the people and who is more guilty of this then King Charles the 2 â— n. 9. He giveth us this mark when the supreme Magistrate marketh use of an absolute power and so breaketh all bands for the good of humane society and are not the bonds both of piety and justice novv violated n. 11. He tels us a Tyrant doth take away from one or moe member of the Commonwealth free exercise of the orthodox Religion and n. 12. that for corrupting of youth he erecteth stage-playes whore houses and other play-houses and suffers the colleges and other seminaries of learning to be corrupted and n. 15. that living in luxury whoredome greed and idlenesse he neglecteth or is unfit for his office How these sute our times we need not expresse Then n. 16. He sayes he is a Tyrant who doth not desend his Subjects from injuries when he may but suffereth them to be oppressed and what if he oppresse them himself n. 19. who sayes he by immoder at exactions and the like exhausts the subjects Jer. 22 ver 13. 14. Ezech. 34. 1 King 12 19. Psal 14 4. and n. 10 who hindereth the free suffrages of Members of Parliament so that they dare not speak what they would how much of this we finde to be true in needlesse here to expresse Then n. 23 24 c. he tels us he is a Tyrant who takes away from the people all power to resist his tyranny as armes strengthes and chief men whom therefore though innocent he hateth afficteth and persecuteth exhausts their gods and lively-hoods without right or reason all which he confirmeth by several Scriptures And how apposite these are to our present case all know who is not an utter stranger to our matters So that when we have so many things to alledge none can justly blame us for saying that vve are oppressed and borne dovvne vvith insupportable tyranny and now we goe on to consider what he sayes And as to the first he tells us Pag. 68. That their life and blood was not sought upon any tearmes there was no forceing them to idolatry nor false worshipe nor frighting them to any thing of that kinde upon paine of their lives only for contempt of the outward ordinances of God purely administred in an orthodox Church they were put to pay such moderate fines as the publick lawes had appoynted Without any actual invasion of them or their persones They were the first aggressors murthering the Kings Servants and seiseing on his chief officer They had never before that assayed supplicating which was not forbidden them to do if so be they would have done it without tumults and combinations but flew to the sword and marched on to mock authority with armed petitions as they mocked God by sinful prayers to prosper their evil course Answ 1. What intention there was to seek the life and blood of these People God koweth But sure all who knew their case saw that their life was only left them that they might feel their misery So were they oppressed and harassed that death would have been chosen rather then life Were they not beaten wounded and bound as beasts their goods and substance devoured before their eyes were not their lands and tenements laid waste and many redacted to beggary Besides other inhumane barbarityes which they were made to suffer 2. We see he would allow it lawful to resist if the King should force to idolatry and false worship and what will he do then with his arguments which will not allow that exception as they are urged by him He must necessarily grant that they are inconcludent that it holdeth here Argumentum nihâ—l probat quod nimium probat 3. How beit they were not forced to idolatry yet by the same law reason and equity or rather Tyranny and inquity they might have been forced to that as to what they were forced That is by the law of Tyranny and violent oppression They were pressed to owne and countenance perjured prophane wicked and debauched Curates thrust in upon them contrare to their Privileges as lawful and duely called Ministers and thereby to owne and approve of Prelacy which was abjured and cast out of the Church with detestation and so to concurre in their places and stations with and give their testimony unto a most wicked and unparallelable course of defection and Apostacy from God and his holy wayes and works and thereby to condemne the Reformation of Religion in doctrine Worshipe Discipline and Government which God had vvonderfully vvrought amongst us and vvhich all ranks of People vvere solemnely svvorne to maintaine and defend 4. He talketh of the outvvard ordinances of God purely administred vvhen all knovv how these profane vvretches made all vvho ever knevv vvhat the service of the true and living God vvas to abhore the offering of the Lord For they despised the Name of the Lord and offered polluted bread upon his altar and made the table of the Lord contemptible they offered the blinde the lame and the sick and torne and thus they vovved sacrificed unto the Lord a corrupt thing Yea their administration of ordinances vvas and is to this day rather like histrionick acts and scenes then the service of the true and living God And vvhat sober serious Christian yea vvhat soul that hath any beleeving apprehensions of the Majesty of God can be vvitnesse let be a concurring actor in and consenter unto such abhomination and idol-like Worshipe 5. He talkes of an orthodox Church vvherein perjury and such like abhominations are approved and countenanced maintained and avovved and vvherein the vvork of Reformation of Religion in Doctrine Worshipe Discipline and Government is condemned a Covenant abjureing Popery Prelacy Prophanesse Schisme and Heresy and whatsoever is contrary to sound doctrine and the power of godlinesse condemned and annulled and wherein Atheisme wickednesse ignorance licentiousnesse and all sort of prophanity yea and blasphemy aboundeth and wherein there is so much Popery and idolatry countenanced and connived at and such abhominations reigneing Our first confession of faith recorded in Parliament Cap. 18. giveth this as one note of a true Church viz. That in it Ecclesiasticall Discipline be uprightly ministred as God's Word prescribeth whereby vice is repressed vertue nourished But now there is a discipline repugnant to Gods Word administred whereby vice is nourished virtue suppressed 6. He sayes that
seemeth to say that nothing is now left to christians but flight yet § 10. 11. he assenteth to Barclaius his concessions Let us next see what our Surveyer seemeth to yeeld Pag. 23. 24. Whatever may he said sayeth he of moral of legal felf defence against the souveraigne by way of petition or plea in court for saifty of a mans person or Estate and whatever may be said of warding off and defensively puting back personal injurious assaults to the manifest and immediat peril of life without any colour of deserving of reason of law or judicial proceeding or of a Womans violent resisting attempts against the honour of her chastity dearer to her then life and tending to insnare her also in sin againss God whereof her non-resistence makes her formally guilty and whatever may be done in the case of most habited notoure and compleat tyranny against all appearance of law manifesily tending to the destruction of the body of a people or greater part thereof by hostile furious actions or in the case of violent attempts or destruction of all knowne legal libertyes and the beeing of Reliagion according to law or in the case of vendition alienation of and giving a whole Kingdome to forraigners or strangers or some such like whatever I say in such horried cases which for most part cannot befal a prince in his natural and right wits a case wherein provision may be made that he hurt not himself nor his dominions may be done comes not at all within the compasse of our question although most disingenuously the discontented and seditious do strive on all occasions to aggravate matters so that the case concerning them may seem co-incident with these or the like that so they may justify their violence against the powers But howbeit this Surveyer think that these concessions make little for our advantage yet to understanding persons it will be cleare in general 1. That He and the rest of the Royal society of Court parasites and slatterers speak most inconsequentially unto themselves They cry up in their writtings an absolute and indispensible subjection unto the Supreame Magistrate due by all his subjects and yet when they are sore pinched they must clap their wings closer And drawe in their faire sailes grant that in such such cases not only his E missaries such as have his commission but Himself may be resisted not only by the Ephort Primores Regni but by very private subjects Did we not but just now heare our Surveyer crying out against Naphtaly for saying That what reasons could prove an absolute indispensible subjection will also prove an abosolute unlimited obedience as being unwelling to heare any thing spoken against an absolute vast subjection and yet behold here he is as willing as the rest to clip the wings of this inviolable soveraignity set forth unto us a limited retrenched subjection due to the Supreame Magistrate even by private persons 2. That by these concessions He and the rest cut the sinewes of their owne arguments and cause them to halt ere they assault us and teach us away of rejecting or answereing them For when they produce their arguments vvhether from reason or authorities they cannot but make them conclude universally and then they are necessitated themselves to ansvvere these universal arguments or otherwise retract their concessions and whatever vvay they think to evade vvith their concessions and supposed cases vve vvill finde roome enough to escape vvith our case as for exemple vvhen this Surveyer urgeth that subjection spokento Rom. 13. He must either grant that it must be restricted to such and such cases or else plead for an universal absolute unlimited and indispensible subjection and so retract his concessions and if he take the liberty to use his restrictions and so interpret the place as that it shall not reach his cases excepted he must grant us the same liberty to say that our case is not there meaned or condemned 3. By these concessions vve have this advantage that the distinction vvhich is made in this question of resistence betvvixt the Magistrate as such and the person or man vvho is the Magistrate is not so absurd and ridiculous as the Royalists give it out to be for here vve finde them forced to use the same so that if it be a defileing distinction they cannot be clean more then vve and vve see that resistence may be used against the person of or the man vvho is the Magistrate vvithout the least contempt or vvrong done unto the holy Ordinance of God othervvise they must of necessity say that in all the forementioned cases they very Ordinance of God is resisted and hovv then they shall reconcile that vvith Rom. 13. I see not 4. We see also That the Prerogative Royal vvhich they screvv up unto a transcendent absolutenesse and supremacy above lavv is but a meer chimaera vvhich themselves must abhominate as a loathsome brat 5. We see that salus populs est suprema lex the peoples saifty is such a royal thing that the King himself and all his prerogatives yea and municipal lawes too must vaile the cap unto it themselves being judges 6. We see also that they must grant a court of necessity in which private persones may judge the Supream Magistrat in order to their resisting of him for I hope they will grant that in these cases the people act with judgment and as rational men and if so they must say that the people must first judge and condemne the Supream Magistrate as erring and doing amisse before they can lawfully resist him 7. We have this advantage That the Arguments by which They can prove it lawful to resist the Magistrate in the cases granted by them will not be a little steadable to us in our case and for shame they will not condemne their owne arguments because in our mouthes 8. It will be easily granted by all that our case vvhich vve have truely stated vvill come nearer the cases vvhich adversaries do except then the case vvhich he hath sett dovvne and so Hovvever he think the cases mentioned by him do not come vvithin the compasse of the question vvhich he hath set dovvne yet understanding persones vvil see they are not altogether vvithout the compasse of that vvhich is the true question and true state of the controtroversy and that he hath no just cause to fay that vve hovvever he account us discontented and seditious do most disingenuosly strive on all occasions to aggravate matters so that the case concerning us may seem co-incident with these or the like But next more particularly These concessions are much for our advantage For 1. If it be lawful for a private person to defend his life or estate in a moral or legal vvay by petition or plea in court against the Souveraigne yea and by actual force if the Soveraigne or any in his name shal come to poind or take possession illegally as our lavves vvill
either virtually or expresly approved and the worthy actors praised and highly commended as indeed they did deserve 9. None ever condemned these actions as treasonable and rebellious but such as were knowne to be real and heart-enemies to the work it felf no tongues were ever loosed against them except the imbittered tongues of sworne adversaries ingrained Malignants Enemies to God and godlinesse haters of the power of it These and none but these who are of their father the devil durst condemne the same And many hollow hearted professours among whom this Surveyer deserveth to be rekoned were forced against their hearts to approve of the same joyne in with the favourers maintainers of that noble cause so forceable was the light and the power of that Sprit that acted the worthies in these dayes who now have turned open Apostates from that truth and cause have adjoyned themselves unto that ever accursed Popish Prelatical and Malignant faction Yea remarkeable it is that God did so overpower the pen of that Arch-Enemy Spotswood that though he would have said all which Hell it self could have prompted him unto yet durst say no more of these first courses and practices but that they were Violent and disorderly And this Rabshaketh the Surveyer who in the end of his book having reserved the dregs of what he had to exscreate against the work of God and his worthyes until then Pag. 118. c. would out-stripe his predecessours and spevv out his venome like another adder of the same spavvne yet the overruleing providence of God hath so curbed him that he gote not liberty to run the full length he vvould and therefore he sayes We cannot justify all courses that were used then for carrying on the work of reformation and againe if some instruments thereof were guilty of sedition or sacrilege or self seeking and againe if sinful courses were then used by men and againe Pag. 119. Let us not stand superstitiously upon the justifying of all their deeds Who sees not this wicked mans Mouth bridled by the restraineing power of God so that he cannot he dar not plainely and expresly call these courses seditious or rebellious but cometh on with his Ifs and if some instruments and all their courses cannot be justified as if in the most laudable work to which men might have a most cleare call some accidental or circumstantial actions might not abide the test and as if among a company some might not have by-ends while a good work was laudably and lawfully as to the maine carryed on Ay but this good man you will say is mighly in love with the work of reformation and blesseth God for it Pag. 118. 119. True we finde him say so in words but God knoweth his heart But is it not strange that fince he sayeth he approveth the work he will be more blinde then was that poor man in the gospel whom he mentioneth who had his eyes opened Ioh. 9. for that blinde man did see a divine power in the work wrought and said v. 33. If this man were not of God he could do nothing and will not only not see the mighty hand of God in the instruments but tells us he is not much concerned to enquire But what needeth him much doubt of a divine call considering the work it self it 's end the direct tendency of the meanes unto this end the real christian intentions of the instruments which he will not see in the instances he bringeth viz. of the wicked hands crucifying Christ of prophane and unfaithful Ministers preaching of a leprous hand soweing seed of acts of fornication and adultery Why then doth he adduce such Instances so impertinent Wil he proclame himself a fool of the first magnitude in so doing Ay but he would have us following the practices of the primitive christians who never used any undutyful resistence to or violence upon the Magistrats rather then the precedents in these dregs of time But why will he not follow their practices himself Was it their practice to abjure a lawful Covenant sworne for the maintainance of the Truth Was it their practice to renunce their former profession and turne Apostates from the truth which once they avowed Was it their practice to turne their back on Christ and his interest for the will of creatures and for a mease of pottage Was it their practice to change their Religion with the court Concerning the practice of the primitive christians in this poynt and how imitable we shall speak afterward If these were the dregs of time wherein there was so much faithfulnesse Zeal constancy piety singlenesse of heart contempt of the world what dregs of dregs of time are we novv fallen in vvherein there is so much infidelity atheisme perjury falshood lukwarmnesse inconstancy imbraceing of this present vvorld and all sort of wickednesse and prophanity But sayes he Pag. 119. let it be so that much of the way of these who were at first instrumentall in the reformation in this Land were justifiable upon the account of purging the Church from the horrid grossnesse of idolatry corruption of doctrine tyranny and usurpation over poor soulls wherewith the man of sin had for many ages defiled and burdened the poor Church and upon the account of the open hostility to the truth wherein Magistrats then stood together with the inbringing of forraigne furious forces upon us even to the heart of our Land How unlike was the case then to what it is now and how unable is the case now to beare the burthen of a conclusion for such practices as then were used Answ But truely wise judicious Men will not see the case then so far different from what it is now as that the case now shall not be so able to beare the burthen of a conclusion for the same practices Seing there is this day as much horrid grossnesse of idolatry in the Land as hath been at any time these hundereth yeers And as for corruption of doctrine alas Who doth not heare it and see it that heareth these locust-curates preach downe all piety and godlinesse and harden people in defection and apostasy from God It is as great a corruption in doctrine as needs to be to pervert therein the right wayes of the Lord to lead people into the broad way which leadeth unto destruction againe what greater tyranny and usurpation over poor souls would he have then is now exercised since the perjured Prelates the kindely brood of the Man of sinne have defiled and burthened our poor Church The Apology and Naphtaly have abundantly manifested and dayly experience confirmeth it That the tyranny and usurpation is insupportable and as grievous as it was them Moreover is not the open hostility to the truth as manifest in the Magistrats this day as legible by such as run on all their acts and actings as it was then who seeth not this but he who can not see the wood for trees And as for
doth sufficiently confirme this of which more when we consider what this Surveyer sayeth to the contrary 8. Lawyers Polititians Divines tell us that there are such conditions condescended on in all free Republicks Hoenonius Disp Pol. 2. Thes 4. tells us that the Subjects do stipulate from the Magistrates whether they will rule so as they may lead a peacable and quyet life under them and Thes 5. that the Magistrates do absolutely promise and the Subjects upon condition promise what is their duty So Althusius cap. 38. Polit. n. 31. and cap. 19. n. 15. 23. 29. and Timplerus Polit. Lib. 2. Cap. 1. Quest. 5. proveth that there is a mutual obligation betwixt Magistrates and Subjects See likewise Gerhard de Magistratu Thes 94. Pag. 726. Where he proveth that it is no new thing That Magistrates and Subjects do Covenante with each other Finally This is cleared from some Scripture instances as first The Covenant which David made with the Tribes of Israel 2 Sam. 5. 3. 1 Chron. 11. 3. So all the elders of Israel came to the King to Hebron and King David made a league with them in Hebron before the Lord and they anoynted David King over Israel Sanches on the place thinketh He promised to rule them according to the law Deut. 17 15. and that some other things were contained in that Covenant which did relate to the present state of a affaires as concerning the war with their near and insolent enemies concerning an act of oblivion and other things which they could think upon in that troublesome state of affaires and upon the other hand the People promised fidelity and obedience and what else is required in well constituted Commonwealths and that this Covenant was sealed by oath of both parties Cornel a Lap calleth it a mutual promise wherein David Covenanted to governe the Kingdome faithfully according to the law of God Leut. 17. 16. c. Israel on the other hand promised to be obedient and faithful to him The Surveyer tryeth many shifts to make this no mutual Covenant or conditional Covenant Pag. 94. 95. He cannot deny but there was a Covenant here agreed upon betwixt David and these Tribes of Israel But he sayes the Quaestion is what was the nature the matter and import of that Covenant The Scripture sayes not it was such a Covenant as these men would have it I shall rule you rightly if you obey medutifully otherwise not upon the King's part and upon the peoples part we shall obey you and be subject to you if ye rule us rightly otherwise we will not but use our coactive power upon you to dethrone and destroy you and punish you Ans If it be granted that here was a mutual contract wherein the King accepted of conditions and obliged himself thereunto it is enough for our present purpose the Dutch Annotators on 2 Sam. 5. 3. say hereby they were bound on both sides by oath to performe their dutyes to other for we are not yet speaking of the nature and import of such Covenants and what right or power the party keeping hath over the party failing 2. The Text doth not tell us what was the particular matter of this Covenant but from the Text we may clearly see that this was a conditional Covenant a Covenant wherein the King promised such and such things as satisfied them and induced them to accept of him as King and anoynt him so that if the tearmes had not pleased them they would not have accepted of him as King If the King had said I will be an Absolute Prince to account you still mine Enemies and kill such of you as I will and keep a live such of you as I will and so play the Tyrant be like he had gote the answere that Rehoboam gote To your tents â— Israel What portion have we in David 3. How can he prove That they did not minde to offer themselves to David upon such tearmes They sayes he Pag. 95 recognose his right of reigning over them is of the Lord and that he was not subjecte to be removed by them for they say The Lord sayd to thee thou shalt feed my people Israel and thou shalt be Ruler over them and it is added Therefore they came c. Ans 1. All this will not prove that this Covenant was not conditional or that David did not oblige himself to such and such conditions for if these reasons have any force they will as well say that they should not have made a Covenant with him it all but submitted without Covenant and they knew his right by promise to the throne before this and yet for all that they refused to come till now and now when they come David must make a Covenant with them 2. The same Tribes of Israel did recognosce Rehoboam's right to reigne for they came to Shechem to make him King 1 King 12. 1. 2. Chron. 10. v. 1. yet when Rehâ—boam would not agree unto the tearmes proposed They refused to acknowledg him King 3. That 1 Chron. 11. 3. Therefore came is but the same with So came 2 Sam. 5. 3. and it may be as well rendered also or and came for in the Original it is in both places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and it is there told that also the Elders of Israel came who were not mentioned before 4. Gods promise to David gave him no power to play the Tyrant nor was it to be fulfilled but such a way God's purposes concerning the End includeth the Meanes with the End and his purpose or promise was not that David should obtaine the throne without the Peoples consent or that the People was obliged to submit unto him notwithstanding he should refuse to Covenant with them or promise to Rule them in righteousnesse and not to play the Tyrant over them and hence it appeareth that it is not false that the People gave the Kingdome to David conditionally as he sayeth Pag. 101. for if He say these promises or purposes of God did lay obligations of the People to accept Such upon any tearmes he cannot condemne the Ten Trybes for accepting of Ieroboam as he doth elswhere 5. As for their coactive superiority over him we speake not of it now it not being our present businesse but sure his reasons will not validely conclude the contrair for if such a promise or purpose of God gave David such a right as that in no case suppose he had turned the greatest Tyrant imaginable had sold the Land of Canaan unto the Uncircumcised or done some such thing the Elders of Israel had had no coercive power to have with-stood him and dethroned him then they might not now have refused to have submitted unto him And by the same reason The elders of Israel might not have refused to have submitted to Ieroâ—oam who also had a promise which I know he will not grant But it is enough to our present purpose if it be granted that David agreed
consequence was not necessary no more then when the King of Judah and the King of Israel make a covenant to performe mutual dutyes one to another it is necessary there should be a King and superiour Ruler above both who should compell each one to do a duty to his fellow King and People are each of them above and below others in diverse respects But in cometh this Surveyer Pag. 100. and tells us there is a great difference God having allowed lawful wars allows seeking of reparation or repelling of wrongs done by one Nation to another by force of the sword when no rational meanes can bring the doers of the wrong to do right and there being no other remedy he himself the Lord of hostes and God of armies sits judge and moderator in that great businesse and in the use of war is appealed to as judge there being no common judge on earth to sit on the causes of these independent Nations But God having set and established in one Particular Nation and Political society his owne ordinance of Magistracy to which every soul must be subject and all subject to the Supreme c. Ans This sayes wel when the difference or disput is between two subjects both under one Magistrate but is sayes nothing to our case where the difference is betwixt the Magistrate and the Subjects for in the other case there is a judge over both established unto whom both are subjects but in our case there is no judge on earth Common to both or who can sit and judge in such causes for the King must here be no more both judge and party then the People and so the case is irremediable unlesse there be an allowance of repelling force with force for in our case there are no rational meanes which can be used to bring the Prince to do right unto the injured Subjects and therefore it God allow war in the use of which he is appealed to as judge betwixt two Nations he wil allow also a necessary defensive warre in Subjects against their Soveraigne when there is no other remedy or rationall meanes of redresse This Man dictats but what proveth he The Magistrates are by their official power above the whole Nation and as absurd it is to say they are above the powers which God hath set over them as L. R. pag. 460. sayeth thrasonically he hath proved unanswereably as to say that every parish is above the Minister in an ecclesiaslical way though he hath official power over them all or that every Lord in Scotland hath their Tennants and vassals above them a thing which the nobles of Scotland had need to look to for certainely the principles which lead to subject Kings to People lead clearly and by undoubted consequence to Subject them to their vassalls and to all under them yea and all Masters to servants and parents to children and to confound and invert the order of all humane societies Ans 1. The law will tell us That in mutual compacts the party observer is Eatenus in so far superiour unto the party who faileth 2. The author of Lex Rex sayeth truly and not Thrasonically as this Thraso and windy man allaigeth who would make the world beleeve that his one word is enough to confute all which that learned author hath solidly proved with such reasons that he thought with the little wit he hath it was more wisdome to forbeare once to name then to offer to answere that he hath proved unanswereably if not let this windy Thraso try his hand in confuteing his reasons the Peoples power above the King 3. This man's reasons are as weak as water For 1. the Paroche is so above the Minister that in case he teach haeresy there be no ecclesiastick or civil power to put him away they may save their owne soulls thrust him out and choose another more Orthodox 2. All know that the Lord is bound to the Vassalls as well as they are to him and that the Lord may not oppresse them or if he transgresse the bounds and limites prescribed him they will get action of law yea in some cases be free to renunce him as their Supream and choose another Let the nobles take heed they drink not in this Man's doctrine for if they arrogate to themselves a power to oppresse pillage plunder murther Massacre their vassals as this man pleads for such power to the King without control I fear their vassals let them know they are not slaves 3. What a poor Politician is this He speaks this to move them so much the more to owne the King's cause but who seeth not that he is either a false or a foolish advocate for the King in this matter for if the King get no moe on his side but the Superior Lords if all the Vassalls and Tennants be against him he will have the weaker party by farre on his side 4. I would desire Nobles all to take notice of this that he would here seem to give to the king as much power over them and all the lands as Masters have over their Tennants who have their lands only from them upon certaine conditions and may be removed when these conditions are broken 5. What a fool is he to put Tennants and Vassals together doth he not know that Lords have more power over their Proper Tennants then over their Vassals 6. Doth he think that Servants may not in some cases be above their Masters a noble man's son may be an apprentice to a very meane man But thinks he that Servants will get no action of law against their Masters or if there be no law or judge over him and his Master he may not defend himself against his Master's unjust violence 7. As for the subjection of parents to Children it is impertinent in this case as shall be shewed in due time and yet we know that the father hath been a subject and the son a King over him and we know also that in case of necessity the children may defend themselves against their father taken with a mad phrenzy Then he adds This truth we must cleave to that in one and the same civil society where God hath appoynted Rulers and Ruled Subjects cannot without sacrilegious intrusion and contempt of God snatch the sword out of the Magistrates hands to punish him with it though in some partilars he abuse it neither can a war intended for this end by meer private persones be lawfull against their head or heads Answ We may let him cleave to this truth and this truth cleave to him and be no losers for we speak not of Subjects taking the sword of justice to punish the King we speak of no warre raised by the subjects for this end we plead only for a power in private Subjects to defend themselves in cases of necessity against their head or heads and he nor none of his party have the forehead to deny this to be lawful in some cases especially if
Wife is loosed from Subjection to her Husband adultery and wilful desertion will give ground for a divorce and that sayes that the Wives subjection is not absolute but conditional though we say not that every breach of some of the conditions looseth the obligation Neither will Calvin say ' That in no case the Soveraigne may be opposed or resisted or that in no case the obligation can be loosed for ibid. § 31. He granteth liberty to the Estates of a Land whom yet our Surveyer putteth in one category with private Subjects to stand for the libertyes of the People against the rage and Tyranny of Princes Yea he sayeth they are bound to do so as they would not presidiously betray their trust The 3. thing is that the fancy of a tacite virtual natural Covenant betwixt King and People overthrows the distinction that all sound protestant Divines and Politicians make betwixt a limited or pactional Prince and an absolute Prince or one who is integrae Majestatis And then he citeth Rivet in Psal 68. Gerhard de Magistratu Pag. 13 11. mihi or 935. And therein he sayes they agree with Calvin in the place cited Answ That there are absolute Princes de facto who come to the Soveraignity by false and corrupt meanes or by conquest we deny not but we are speaking of Princes de Iure and of Princes set up by the People which is only to our purpose It is true Rivet a very short sum of all the sound Protestant Divines though he joyne Gerhard with him too who is but Lutherian Protestant and for his Politicians we see none make use of such a distinction but assert not positively that such an absolute Prince is lawful Calvin maketh use of no such distinction and if they agree with him they say no more then he sayeth and what he sayd we have heard But sayes our Surveyer it is False to say that an absolute Prince is contrary to the Word of God for as our Lawes allowes our Kings to be ahsolute in expresse tearmes Jam. 1. he should say Jam. 6. Parl. 18. Anno 1606. Answ Our Lawes and especially of that Parliament and the like are evil proofs of what is Iure Divino or not contrary thereunto But of that Supermacy granted to the King by that act and others the Apology hath spoken enough Furder he addeth So the Scripture is not against an absolute Prince as our Lawes and we understand him But how is that May he Rule as he lifts No for He is subordinate sayes he unto God and his Lawes and he ought also to walke according to the particular good Lawes he hath made with consent of his People This is more then other Royalists would grant to us for he acknowledgeth him not only not above the Law of God but also not above the municipal Lawes and consequently not above the fundamental conditions of the constitution And we are sure in this This King hath fowlely broken whatever he doubt of But how is he absolute He is absolute sayes he that if he deviate he is not under coactive power of Subjects that they should have Law-claime against him and in their courts of nature and necessity pronounce judgement upon him to destroy him far lesse that by vertue of this supposed tacite Convenant any minor private party of the People may pull King and all Magistrats out of their seate punish them and possesse themselves in their roomes as Naphtaly sayes Answ What he layeth to Naphtali's charge shall be considered afterward 2. To say that Subjects have no law claime against a King who breaketh the maine and principal condition or all the conditions of the Covenant made betwixt Him and the People is to destroy the nature of the mutual compact made between Him and the People as we have shewed 3. By this it seemeth all the absolutenesse that he sayes is due to the King is that he is from under the co-active power of Subjects but though this were granted to him which yet we cannot because of what we have said already we should suffer no losse as to our intendment for if this be all his absolutenesse then he may be withstood and resisted though not brought to the barr even by private subjects when he contraveeneth his principal conditions and breaketh Covenant unto his people and this is all we contend for The summe of what he sayes in the 4 place is this Where there is freedome of Election as in Germany and Poland where there is but personated and painted Kings there may possibly be expresse limiteing conditions allowing some to coerce deviating soveraignity But in all proper Monarchies there is neither tacite nor expresse Covenants impowering any to be judges over the King Some Kingdomes are attained by a conquest in a just warre which is a sufficient title this power being hereditarily transmitted the successours receive power from the Parents and not from the People nor is there any shaddow of tacite or expresse Covenant in this matter Answ 1. If he be not well pleased with what Lex Rex hath said concerning conquest giving a sufficient title to crownes he should have considered and answered the arguments there made use of and not jejunely have told us he is of another judgment for they are either fooles or mad who will beleeve his bare word better then the worthy author of Lex Rex his assertions baked confirmed with many solid unanswereable arguments 2. This though true speaks nothing to our purpose for we supposed always that our Kingdome was not founded upon a conquest and we never heard any say it was till this unnatural abject arose to speak non sense of which more presently We never heard a King challenge it upon that account nay nor say that our Kingdome was ever conquered by any of their predecessours except King Iames who in his basilicon doron allaiged that Fergus the first was a conquerour contrare to the testimony of all approven historio-graphers what meaneth the large long roll of the King's predecessours that is read over at the coronation doth any of our lawes speak such a thing or do they found his absolute power upon such a dreame It would seem the cause is desperate and gone when he can get no other bottome to his absolutenesse but a fiction of his distempered braine which may deservedly make him odious to all true scottish men and may and possibly will make his cause odious also to all who are acquanted with the true genuine and ancient constitution of the Kingdome 3. This ravv Statist exscreats his raw notions as he pleaseth but they must be rude and unskilful in this matter that will think to digest them He tell 's us that the Emperour of Germany and the King of Poland are but painted Kings and Monarchs and to confirme this tels us that there are no Monarches or proper princes but such as are absolute What will then become of the Distinction of all sound protestant
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
is abundantly cleare from what is said and shall be furder cleared and confirmed when we examine what this Surveyer allaigeth against it 12. Scripture giveth us ground to beleeve that in such a case as this when a defection in a covenanted land and a land devoted to God is carryed on more is required of Private Persones then to mourne and sigh in secret as 1. Deut. 13 12 13 14 c. If thou shall heare say in one of thy cities which the Lord thy God hath given thee to dwell there saying certane men the children of Belial are gone out from among you and have with drawne the inhabitants of their city saying let us goe and serve other Gods which yee have not known Then shall thou enquire and make search and ask diligently and behold if it be truth and the thing certane that such abhomination is wrought among you thou shall surely smite the inhabitants of that city with the edge of the sword destroying it utterly and all that is therein and the cattel thereof with all that is therein c. Which words were undenyably spoken to the People to whom the rest of that chapter was spoken and particularly directed So the dutch annot in the contents of that chapt say that the way is shewed how the People of God were to demeane themselves to wards a city that was fallen off and though we readyly grant that these words do not impower private persones to act the part of Magistrates and brevi manu judge and condemne or put to death such as are guilty of the crime mentioned nor to fall upon the execution without previous judging and tryal of the cause yet it will be no wire drawing of Scriptures whatever this Surveyer allaige to say That this place will warrand private persones to defend their Reformation when by oppression and violence it is taken from them and when defection is carryed on in a land devoted to God and Magistrates either neglect to take course therewith or countenance the same The Zeal of the Lord should stirr up people to do more for vindicating the glory of God and saving the land from an universal apostasie then privately mourne in secret Sure this being spoken to the people sayes they should manifest and declare their Zeal otherwayes seing by this they might have sufficiently knowne how detestable such a defection was unto the Lord and that no lesse would pacifie his wrath against that part corrupted then utter exterminion and overthrow of young and old in it with their cattel and goods Will not any readyly yeeld that they had been bound to have concurred with the Magistrate in this execution and that if the Magistrate had been negligent to have remonstrated the matter unto him and if either that had not prevailed or Magistrates being chief actors and patrons thereof they durst not have remonstrated the matter they might lawfully have joyned together and with their swords in their hands have moved the Magistrate to purge out that abhomination and to have granted them security that the contagion should not have spread nor they be infected therewith left the fierce-anger of God had not been turned away from them And if this be granted which cannot easily be denyed we have our purpose and Naphthali hath all which he desired And certanely to say That this course was only to be taken when one city was infected and not when moe when ten or twenty or possibly the major part were but to elude Scripture as Naphtali said seing the same reason will hold in these cases which holdeth in the cases instanced and whatever the Surveyer say pag. 56. such a cleaving to the literal meaning of Scripture as will not admit consequential arguments to be drawne therefrom to the like cases nor an argument drawne a minori ad majus from the case instanced is neither the Doctrine of Christ nor of found Divines nor is the following of Christs example and of the Apostles who made use of such consequences a making a nose of wax of the holy Scriptures nor a wringing or wresting them to bring in our owne fancyes nor a covering of our crooked courses with such a cloak however we be branded by him for this and as being men of blood and violence but his falsly rubbing that aspersion on the innocent will never wipe that right name off him and his party whose violence and thirsting after blood is more then sufficiently knowne yea himself in his 3 Answere pag. 57 58. will allow something to be done by vertue of this text where the major part is corrupt and the minor part found saying Though the lesser part is not to acquiesce in the way of the greater runing into rebellion against God but by all meanes competent to them bear witnesse against that way and study to keep themselves pure when they cannot prevaile to have matters rectified as to the whole body And yet the carnal luckwarmnesse and indifferency of this latitudinarian Politician in the matters of God appeareth That after he had said that there is no coming to an accomodation in this matter whether the True God or other Gods should be served he presently addeth in a parenthesis and yet this man would be very severe if no Nation in the world might having before been embodyed in a Kingdome or State continue and abide in their peaceable communion in civil interests upon supposition of such an equal division ariseing amongst them It seemeth this meek peaceable man would suffer Satan to be worshiped in the same State with the true and living God and that if he apply this to the purpose if the equal half of the Kingdome of Israel had worshiped the devil he would not have been severe but advised the other half to abide united with them in civil communion But leaving these and the like which are not much to our purpose let us see what he sayes to the thing He tells us Pag. 57. That no exposition of a text can subsist that is either contrary to other texts of Scripture or to sound reason This is granted But how showeth he that the exposition given is contrary to either It is contrary to Scripture because sayes he the Scripture committeth the vindicative and punishing sword only to the Magistrate who only is the sword bearer Rom. 13. But this is not against us or our exposition Naphthali speaks only of private persons taking the defensive sword and thereby keeping the land pure and labouring still in their private way not in a judicial authoritative and Magistraticall way to purge out corruption and maintaine Reformation can he shew us Scripture against this Againe sayes he this is poynt-blank contrary to reason remedylesâ—y tending to dissolve humane Societies and all Kingdomes and Comon-wealths Then it seemeth though Magistrates should concurre with the minor and sounder part to purge out the corruption of the greater or concurre with the equal half to purge the other or with a greater part to
purge the lesser if a considerable part it might not be because that were a way to dissolve humane Societies and all Kingdomes and Commonwealths Ay but he meaneth that it is so To teach that any meer privat persones or any part of a People who think themselves strong enough should take on them to sit and act as punishing judges over all Magistrates Supreme and Subordinate yea and upon the Major part of the People themselves and upon their owne fancyes led with their own lusts draw the Magistratical sword Answ But then against whom doth he fight Naphtaly spoke not so Nor doth our cause require that we should say so We say not that private persones should take up the Magistrat's sword and with Magistratical power and authority judge and execute the whole body of the People and the Magistrates Supreme and Subordinate far lesse do we say That they should do this upon their fansies or when led with their owne lusts This is nothing else but to fansy an adversary to himself when he cannot answere or stand against his proper adversary and after he hath busked him up in as ugly a shape as he can then he may well cry out Oh horrid confusion to be detasted of all rational and Christian hearts But this is not faire dealing yet suteable enough to him and his cause which he can get defended no other way But then he tells us Pag. 59. That though the words be spoken to the People yet it is alwayes to be understood that the Peoples concurrence in the punishing of an Apostate city was to be within the bounds of their calling and under the conduct of the Magistratical power set over them As when inticers to idolatry are in the former part of the chapter enjoyned to be taken order with however nearly they were related to People and to be stoned it is not to be supposed that the charge is given to every private person brevi manu to do this but judgment was to be execute on them after judicial conviction and sentence given by the Magistrate as sayeth Diodat on v. 8. and Pelargus on v. 14. Answ 1. That the Peoples concurrence was to be within the bounds of their calling we grant But the question is how far the bounds of their calling did extend Did it extend no further then to goe out when called thereto of the Magistrate to punish that Apostate city Then if the Magistrate neglected to call them out they were not so much as to mourne for that Apostasy by this text Nor to use any other meanes to have the Matter rectified nay nor to beare witnesse against that way For if the Magistrate was to preceed and they only to goe under his conduct if he called them not forth they were exonered all that was required of them being only to be willing and ready at a call But sure this interpretation is not consonant to other texts of scripture as we shall shew 2. If we look to the other particulars spoken to in that chapter we will finde that there was more required then that or a simple mourning in secret for no man wil think they were exonered if they had been only willing to execute the sentence of the Magistrate upon the false Prophet and dreamer that sought to draw them after other Gods Seing they were not to hear him So as to the enticer they were not only not to hearken unto him but they were not to pity him nor to conceale him v. 8. but now what in case the Magistrate should have refused to have done his duty to have examined the Matter or what in case the Magistrate should have countenanced and encouraged such an one was there no more required of them but to have made offer of ther Son Daughter Wife or Brother unto justice and when justice could not have been gotten executed upon them take them home again to their house and into their bosome live as formerly good friends together I feare such cleaving to the letter of the scripture shall be found a meer eludeing of scripture and a mocking of the holy ghost by whom it was given 3. Yea that wich Diodat sayes is more for he sayes They were to procure vengeance on him in way of justice accusing him to the Magistrate by information or sufficient proof And if the Magistrate refused to do justice I suppose they might have provided for their owne security and shot him or her out of doores with violence that was seeking to draw them a way from the true God So that granting what the Surveyer would be at the place will make for us For though the Magistrate was bound to examine judge and sentence the Apostate city in a judicial authoritative manner yet in case the Magistrate should have connived at or countenanced such apostacy they were to use other meanes to have the land purged of that crying obhomination then simple mourning in secret even to have taken the sword in their hand in case the defection was approaching to themselves and Magistrates were forceing them to a complyance with that evil or apostasy and never to have laid it downe till not only themselves were secured as to theirpart but the land were purged of that idolatry the idolaters executed according to the law Their Zeal in this case should have carryed them without doors though not to an assumeing of the Magistrates juridicall authoritative and punishing sword 2. Esai 59 v. 4. None calleth for justice nor any pleadeth for truth Where the Prophet among the rest of the evils wherof that People was guilty and for which heavy calamities did presse them reckoneth this that there was none who called for justice or did plead for truth that is there was none who endeavoured to relieve and right the wronged or to redresse what was amisse see the English Annotat. no man owned the right cause or took God's part against falshood and wickednesse No man say the Duth Annotat. to dehort them that deal unjustly or to maintaine a just cause and the truth to the utmost of his power So that by this we see what was required of People in a day of defection even to call and cry aloude that justice might be executed and deal with such as were Magistrats to do their duty and not to bring and keep on the wrath of God upon the Land And this is more then the Surveyer will have to be the only duty of private persones in a day of general defection Pag. 52. viz. To keep themselves pure without any degree of acting these sinnes to mourne and sigh for the evils that are done to be earnest in prayer that God may convert others to admonish faithfully and study to reclame these who are out of the way But this will be more cleare by the following passages 3. Esay 59 15 16. Yea truth faileth and he that departeth from evill maketh himself a prey and the Lord saw it and it displeased him that there was
interest of Christ and conspired against his truth and cause can any blame these worthies who endeavoured according to their power to have these crying abhominations remedyed that the wrath of God should not consume us root and branch and burne so as it should not be quenched What can be replyed to these reasons is sufficiently answered already and I would further propose this to be seriously considered by all let us put the case That King and Princes should conspire together to poyson all the fountains of water in the Land and lay downe a course how they should be keeped so and people should be forced to drink of these poysoned waters would not any rational man think that when no meanes else could prevaile People might lawfully with force see to their owne lives and to the lives of their little ones And shall we be allowed to use violent resistence for the lives of our bodyes and not also for the lives of our souls shall people be allowed to run together with force when they can no otherwayes keep the springs of water cleare for their owne lives or healths and of their posterity also and shall they be condemned for runing together to keep their Religion as it was reformed pure and uncorrupted Who but Atheists will say this Againe put the case That the Magistrates of some Brugh or City were about to do or had already done some publick prohibited bited action which would so irritate the Soveraigne or Prince that he would come with an hudge army and cut off the city man wife and childe would any in this case condemne the private inhabitants of that Brough or City if when no other mean could be essayed effectually to hinder the same they should with force either hinder them from doing that irritating action or if done should endeavour to remedy the matter the best way they could for the good of the City to prevent its ruine and overthrow and for their owne saifty and for the saifty of their posterity And why then shall any condemne the late defenders who when the Magistrate by their many sinful and publick actions had provoked the King of Kings to anger and jealousy against the whole land so that in justice they could expect nothing but the vvrath and vengence of God to root them out and their posterity laboured what they could to have the wrath of the King of Kings pacified and the wicked deeds provoking him remedied Would the Soveraigne in the former case account these privat persons traitours to their Magistrates and not rather more loyal Subjects to him then the Magistrates themselves And shall we think that the King of Kings shall account the late act disloyalty to the King and Magistrates and not rather commendable loyalty to him and faithful service There is another argument much of the Nature with the preceeding taken from the grounds of Christian love and affection whereby each is bound to preserve the life and welfare of another as he would do his owne and as each would have another helping him in the day when he is unjustly wronged and oppressed so he should be willing to helpe others when it is in the power of his hand to doe it according to that royal law of Christ's Mat. 7 ver 12. Luk. 6 ver 31. Therefore all things whatsoever ye would that men should do to you do ye even so them for this is the law and the prophets It is unnaturall and unchristian both to say am I my brother's keeper Sure he who helps not his brother against a murderer when he may do it is before God guilty of the man's blood Meroz and the inhabitants thereof were to be cursed bitterly because they came not out to the help of the Lord and his People against the mighty Iudg. 5. Was not David helped thus against the Tyranny and wickednesse of King Saul And honest Ionathan rescued from the hands of his bloody Father Prov. 24 ver 11 and 12. If thou forbear to deliver them that are drawne unto death and these that are ready to be slame If thou sayest behold we know it not doth not he that pondereth the heart considerit And he that keepeth thy soull doih not he know it And shall not herender to every man according to his work Now the text maketh no difference whether they be drawne to death unjustly by private persons or by Magistrates They are if they can do it with force to rescue such for so the word imports as I Sam. 30 18. 2 King 18 34. 1 Sam. 17 35. Hos 5 14. And this did famous Mr. Knox avow unto Lithingtoun in his discourse with him registrated in the history of reformation Hence it is that Ieremiah Cap. 22 23. cryeth to the People as well as to the King execute judgment and righteousnesse and deliver the spoiled out of the hand of the oppressour and though it be true as Calvin on the place sayeth that this did chiefly belong to the judges and Magistrates Yet when their proceeding in this course of oppressing of the stranger the fatherlesse and the widow and of shedding innocent blood would provoke God to execute what he threateneth with an oath ver 5. And make that house a desolation and prepare destroyers against it and the whole city ver 7 8. and when all this is spoken in the eares of the people it would seem to import that even they should have stood in the way of such oppression and delivered the spoiled out of the hands of the oppressour not have suffered innocent blood to have been shed especially when inferiour as well as Superiour Magistrates were oppressing and tyrannizing and were the only oppressours and wolves as we see Esa 1 21. and. 3 12 14 15. Micha 3 9 10. Ezech. 22 27. And many of the people conjoyned with them in the like as encouraged by their practice ver 29. see furder for this Isa 1 ver 10 17. Ier. 5 ver 2 5 6. But sayes our Surveyer Pag. 53. That such prophetical preachings uttered to the body of Rulers and People are to be understood as reproveing what was amisse in every one in their respective calling and as injoying such duties as might be done by every one salvâ justitiâ salvo ordine modulo vocationis but to say that they minded to condemne in People the grand sin of non-resistence to the oppressing Magistrates or to incite private persones to pull the sword out of the Magistrat's hand relieve the oppressed execute judgment on the oppressours even Magistrats as Lex Rex doth say Pag. 367 is not only a most fearful perverting of the most holy scripture but a doctrine that tends directly to horrid confusion utter subversion of humane societies Ans We shall easily grant that in those sermons every one was reproved for what was amisse in his respective calling and all were enjoyned to do what might be done by them according to their places and callings and
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 furiâ—â—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
of the Kingdome and this book vvas carefully laid up before the Lord sayeth he 1. for the sure preservation of it 2. to signify that even these civil lavves vvere the ordinance of God vvhich men vvere bound to obey not only for wrath but also for conscience sake Rom. 13. ver 2 5. 3. To intimate that God vvould take care of these lavves to uphold and maintaine them and to punish these that should vilify and break them Cornel. à Lap. and Lyra say the same upon the matter Deodat tells us that it was the fundamental lawes of the Kingdome inspired by God to temper Monarchy with a liberty befitting God's People equity toward a nation to withstand the abuse of an absolute power But this Surv. sayeth that all this is but a guesse without ground But what are his reasons Had there sayes he been any such special fundamental lawes the Ten Tribes had a faire ground of pleading upon the same before their revolt but no such thing is heard of and it is as easy to deny it as it is to affirme that there was any such fundamental law Answ Whether the Ten Tribes did plead this in terminis or not is not it is true asserted or heard of but it is undenyable that they did plead it upon the matter when they required nothing but what was consonant unto the law Deut. 17. and because it was refused they thought themselves free to make choise of another King 2. What more force hath his denyall then ours we bring approved authors for what we say and he satisfyeth himself with his owne word and thinks that that is sufficient to confute all commentators even such as himself a little thereafter citeth and approveth in other things viz Deodat What sayes he more The People claimed no vote in such fundamental lawes and it was their interest to be consulted with in the matter Answ The People were so bent to have a King upon any tearmes that they consulted little their owne welfare and faifty But Samuel was more tender of them and they might have concredited that matter unto him being a Man of approven integrity and known to be one that sought their good and had no good will to set a King over them But sayes he had they thought of any such Covenants or lawes fundamental wherein liberty might be left them to resist their Kings or take order with them how easily could they have shewed the weaknesse of Samuel's disswasion and said if the King be evil we will resist him Answ This was done after the matter was past remedy and a King they vvould have and a King God would give them in his wrath 2. We finde chap. 14. that they did resist him when he was going to shed innocent blood whether according to these fundamental lavves or not is not much matter 6. Though all which he desireth here should be granted to him he would not gaine his poynt unlesse he should prove that this was a standing precedent to all nations in all time coming Which ere he do he must consider and confute what worthy and renowned D. Voetius hath said to the contrary in his book before cited disp de Iure Regio Hebraeorum § 1. What he sayeth Pag. 68. shall be considered in the next chapter and what he sayeth Pag. 69. 70. 71. is already answered for this windy man would seem to be voluminous by filling many pages with the same things repeated over and over againe that if he cannot say much for his hire he may seem to be at some paines to say many words and waste much paper And therefore we proceed to take notice of some other objections CAP. XVI Three Principall Objections Answered THere are three grand objections which the Surveyer here and there throw his pamphlet maketh use of and which seem to militate against some of our forementioned arguments as 1. That there were not in the case now under debate inferiour Magistrates a Parliament or the primores Regni or the Epiori and States of the Realme concurring in that defence and whatever may be said in the defence of a warre carryed on by these against the illegal violences and extreame oppressions of a prince will not warrand the insurrection of meer privat persons 2. That in the case now controvetted it was not the Body of the land or the whole Community that made this opposition to Magistrates Superiour and inferiour But only a small inconsiderable company in respect of the whole land and so though it should be lawful for the whole body of a land to joyne together to defend themselves against the tyranny and oppression of a Prince without the conduct and concurrence of inferiour Magistrates yet it will not hence follow That it is lawful for any part thereof to use such resistence 3. That the party which lately made opposition had no sufficient ground to take armes suppose it had been lawful in its owne nature there being no such provocking cause or occasion given by the Prince And though it should not be thought very necessary to insist on these now seing this last was spoken to in the clearing of the question and the first was touched also formerly cap. 2. And all our arguments conclude for a People without their primores or Parliaments and So do many both of our arguments and instances adduced speake clearly undenyably unto the case of a considerable part though not the whole of the community defending themselves against manifest and unjust violence yet that the matter in hand may be fully cleared we shall speak alittle further to these three objections here As to the first though the surveyer be in malâ fide to make use of it unlesse relinquishing all his brethren the Royalists he grant it lawful for people with a Parliament to resist which neither will he nor dar he do And therefore we shall speak to this objection rather for the satisfaction of others We desire these things may be considered 1. That as necessity did put people at first upon the constitution election of a Parliament to manage their affaires which they could not so conveniently do themselves without confusion discords and other inconveniences which would neccessarily attend a communities meeting together for carrying of these matters So it was the certane expectation of their profite and advantage that did prompt them unto the setling of this frame and constitution 2. Whatsoever power these Commissionated according to that frame and model condescended upon had or have is not in and from themselves but from the People no lesse then the Prince hath his power from the People as was shewed above For no man can imagine any difference as to the subordinate and instrumental rise of the power of the Prince and of the Ephors So that as his power is from the People under God so is the power which they have These publick Ministers of the Kingdome sayeth Althus Pol. c. 18. n. 3. are chosen by
impious and opposite to the solemne Covenants under which the Land standeth bound and obliged before the Lord conspire with them in this Apostasy against the interest of God in the Land From all which we think these things will clearly follow 1. That it may be much doubted if this last convention can be accounted by any law either of God or Man a lawful Parliament having so palpably betrayed their trust in ruleing not for God and his interest but against him end enacting things to his dishonour in selling and giving away the old and undoubted Privileges of Parliament and in betraying dilapidating disponeing and giving away the native and unquestionable Rights and Privileges of the People and in overturning the fundamental lawes of the Land and annulling the fundamental article of the compact betwixt King and People Seing Politicians will grant that such are to be accounted but private persones though we should make no mention of other informalities which usually weaken or annul the constitution of a judicature of that nature in poynt of formality as liberty denyed to some shires to choose such members as they thought good prelimitation used to all the admission of some as members not capable of an election according to our ancient and received custome the denying of free liberty of debateing reasoning dissenting and protesting which is allowed in all free Judicatories and the carrying on of matters in a head-strong violent and tyrannical manner without such previous deliberation or serious consideration and pondering the weight and moment of matters as would have become a judicature by its constitution and nature so sage and honorable 2. The native ancient and undoubted Privileges of the People are de Iure intire and inviolated notwithstanding of any thing done by this late meeting which had no power to do what they did And therefore could not wronge the rights and Privileges of the People 3. That there is no hope or humaine probability now left that ever the People of Scotland shall have a Parliament by the course laid downe or inferiour Judges to resent the injuries oppression and Tyranny done to and exercised upon them but that still their bands shall be made stronger and the yoke of oppression and Tyranny wreathed closser about their neckes So that there was not neither is there any hope so long as this course of defection standeth and is not overturned that Parliaments now or the Primores Regni or inferiour Judges shall concurre for the suppressing of Tyranny bearing downe of oppression defection and apostasy according as they ought 4. That while matters are so the People of Scotland are as if they had no Parliaments nor inferiour Judges for that end and cannot be supposed or imagined to be in a worse condition then if they never had had my such to protect them from the tyrannical and arbitrary lust and domination of Princes And therefore must be allowed to use the privilege and liberty which nature hath granted unto them to defend themselves from unjust tyranny and oppression of Princes Parliaments and inferiour Judicatories when their Representatives palpably betray them into the hands of their adversaries yea and conspire with their adversaries against them and their Privileges and instead of Patrons and defenders of their rights and privileges turne enemies thereunto and take courses utterly to destroy all By this I suppose the first Objection is sufficiently answered yet I shall adde this word more and would desire that all who are of a contrary judgement would answere this quaeree Whether or not vvould they think it unlavvful for private persons vvithout a Parliament privy Council or other inferiour Magistrates to resist a Prince or his Emissaries if he vvith the consent of these should transferre unto him self the proper and immediat right unto all the Lands Rentes Tenements possessions Heretages and goods within the vvhole Land vvith full povver to sell dispone and give avvay the same unto whom he pleased and presently upon the passing of that act cause eject dispossesse and remove all the present heretours and possessours or put them to buy it of nevv of him or take tackes thereof as taksmen fermers or tennents If they think that in this case they might lawfully resist such horrid tyranny Then why not in our case when the People contrary to all law oathes and vowes are put out of the possession of their Covenanted Religion reformed in doctrine worshipe discipline government that by meer violence and tyranny Sure such matters as touch Soul and consciences ought to be as deare to People as what concerneth their bodyes and estates Or if we should put the case That the King were about to sell the whole Land unto the Turk or unto Irish bloody Papists by bribes or promises should procure the consent of a Parliament the concurrence of Council and other judicatories as really upon the matter walking according to the acts they have made he may Might it be unlawfull for People in this case without the concurrence of inferiour Magistrates who had now sold them and basely betrayed their trust to stand to their owne defence and to the defence of their posterity and their lives rights liberties and privileges And if this cannot be asserted by any man who hath not made a perfect surrender of his owne reason unto the will and lust of another why can resistence in our case be condemned Seing soul matters are of infinite more worth then these outward things And it were lesse bitter to know and see our posterity redacted into a state of perfect slavery unto forraigners as to their outward privileges them to see them shut up into a closse prison of soul slavery and bondage destitute of the pure and lively ordinances of salvation and frustrated of the glorious and excellent liberties and effects of a purely preached gospell and so shut up in a dungeon of ignorance superstition and all Prophanity that they should never know what true liberty meaneth As for the next objection taken from this that they were not the Whole Body of the land but only a part thereof which cannot be so well justified It may easily be answered That it being lawful for a single persone in some cases to defend himself from unjust violence It will be much more lawful for a considerable part of a Kingdome to defend themselves though they get not help of others Though all be bound to help a ravished maide yet though none should help she may resist and defend herself But to leave this because we have adduced many arguments that concludes the case lawful even for a part of the Kingdome we shall speak to the complex case not only as it was a defence but also a probable meane to put a stop unto the course of defection Which was and is carryed on and to redeem the land from spiritual bondage and slavery as well as bodily And to this we say That when the case is a publick case