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

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opposed to the Kings oath a publick oath swore that they would not suffer that any evil should be done unto him The dutch Annotat call it an abrupt kinde of oath in use among the Hebrevvs But sayes he It is a vvonder to see understanding men argue from this place for violence and forcible resistence to Kings especially vvhen acting according to lavves consented to by private persones Ans This place proveth clearly that princes may be resisted and resisted vvhen they use violence and oppression and that by private persones even vvhen the oppression or iniquity is acted according to a pretended lavv or something equivalent to a lavv Let us see vvhere the difference lyeth Here sayes he the King is not acting according to law but prosecuting the execution of a foolish and rash oath Answ 1. Neither did our King's bloody Emissaries act according to lavv but were prosecuting the execution of a develish and rash resolution to root out and destroy a vvhole Countrey side 2. If Royalists speak truth Sauls vvord let be his oath vvas as good as a lavv and Sanctius sayeth it vvas Decretum decreed And vvhatever it vvas formally it vvas materially a law unto which they had all tacitely assented v. 24. which they durst not transgresse v. 26. Here sayes he the opposition made to the King is by way of intercession earnest reasoning that he ought to regaird what was right more then his rash oath Answ No reasoning vve heare but a peremptour telling of the King to his face that he should not get his vvill not one haire of Ionathan's head should fall to the ground if he should attempt any thing against Ionathan it should be over their bellyes Their vvords look like club-agruments Here sayes he their opposition was acceptable and welcome acquiesced in and yeelded to Answ It is like it vvas condescention by force and constraint for vvhether he vvould or not he savv he could not get his vvill and therefore passed from vvhat he intended 2. His acquiescence sayes the resistence vvas more forcible then meer intercession vvould be for he vvas another sort of bloody Tyrant then to yeeld to petitions vvhen he thought his honour stood upon it Here sayes he the opposition is made by the Princes of the land Captains of Thousands c. Answ The text sayes The people rescued Ionathan Who ever they vvere vvhatever they vvere they acted not here as the Supreame Sanhedrin nor as a court of judicatour haveing povver of government but as private persones according to their povver and capacities And so all this makes much for a party of private persones for here vvas not all the land their resisting of the King 's bloody emissaries executing cruelty not so much as according to an iniquous lavv but contrare to all lavv right and reason Let sayes he Peter martyr be looked upon this place and he speaks not ably well his owne words will discover how notourly he is falsified by L. R. p 349. Answ Lex Rex dealt ingenuously with his reader concerning him telling him in the margine that with adoubt he said si ista seditiose fecerunt nullo modo excusari possunt And that he said they might Suffragiis vvith their suffrages free him Why did not the Surveyer set dovvn his vvords did Lex Rex falsify also Chrysostome homil 14. ad Pop. Antioch Iunius Corn a lapide Sanctius Lyra Hugo Cardin. Iosephus L. 6. antiq c. 7. and Althus Polit. c. 38. n. 109. 3. They must condemne David for his resisting of King Saul with armed men which yet the spirit of God doth not condemne but rather approve in commending such as helped him I Chron. 12 1. 2. 8. c. and inspireing Amazia who was chief of the captaines to say Thine are we David and on thy side peace peace be unto thee and peace be unto thy helpers for thy God helpeth thee So did he intend to keep out the city Keila against the King and consulted God thereanent and had his answere that the city would betray him Now if it had been unlavvful for him to have defended himself by such forcible resistence vve cannot think that he vvould have goten such ansvvers as he gote Grotius himself approveth this deed of David's All vvhich this Surveyer sayeth against this Pag. 67. is That Davids unction did so distinguish him from private persons as that it made it lawful for him to resist violence with violence But the law of nature restricteth not this lawful self-defence to anoynted persons 2. If his anoynting made him no private person what did it make him it could not make Him King othervvise he might not only have resisted Saul but have taken his life as a traitour or else vve must say there were two Kings at once in Israel 3. David never pleads this as the ground of his resistence nor is there any hint of this in the text 4. They must condemne the city Abel 2. Sam. 20. which resisted Ioab Davids General and his forces when they besieged it till the matter came to a capitulation Ioab should have offered tearmes unto the city before he had threatned to destroy it and should have communed with the Magistrates concerning the delivering up of the Taitour before he had resolved to destroy the whole city for one Traitours cause and therefore justly did they defend themselves against his unjust invasion notwithstanding he was armed with a commission from the King and remarkable it is that after the capitulation they were never challenged for traitours in resisting with closed gates and fensed walls the King's General and army So that here is a private city standing out for a time against the King's souldiours unjustly seeking to destroy them because of one Traitour among them 5. They must condemne the Prophet Elias for resisting Ahaziah's bloody Emissaries sent by him in an angry moode to apprehend him and to compell him in a spite full manner and to take him prisoner as say the Dutch Annot. on the place For speaking such things as he did unto the messengers of the King who were sent to Baal zebub the God of Ekron to enquire if he should recover of his desease and to bring him to the King by violence if he would not come willingly as Iosephus sayeth antiq Lib. 9. C. 2. 2 King 1. Now he resisted such as were sent and killed two Captanes their fifties with fire from heaven which instance doth sufficiently declare that it is lavvful for private subjects in some cases to resist the unjust violence of the King's Emissaries though armed with his commission It is true the manner of his resistence and of killing these vvas extraordinary by way of a miracle yet the resistence it self was not extraordinare as we have seen by other instances and shall see cleared by moe 6. They must condemne the prophet Elisha who resisted both the King and his Emissaries in his ovvne defence 2 Kings 6 32. saying to the Elders
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
for that truely divine zeal vvhich would more eate us up for the house of God which is desolate and his precious interests which are perfidiously sold and wickedly trode under foot and which would make us never to sit downe satisfied with any concessions or favours how specious soever until we saw our King restored to his owne and brought back to his throne and Kingdome with shoutings and acclamations of joy O dearly beloved stand fast And beware I say of snares but haveing done all stand with your loins girt about with truth and your feet shod with the preparation of the gospel of peace as you have not been frowned out of your integrity so take head ye be not flattered out of it be not so simple as to beleev every word that is spoken for he must shut his eyes and love to be blindfolded who doth not perceive that while the men that lye in wait for your halting and designe to draw you into a compliance with their course of opposition to the work of God speake fair there are seven abominations in their heart Let your eyes be in your head Hold fast what ye have that no man take your crowne The devil is changeing weapons upon you with a designe to give you a parting blovv be vigilant resist him under every shape whereinto he transformeth himself that he may assault overcome you so shall he at last flee from you and ye shall be more then conquerours through him who hath loved you your Exit though upon a scaffold will be unspeakably joyous and full of glory and when ye have made it appeare if called there to that ye love his interests so well that ye continue not to love your owne lives unto the death then shall ye be associat with your blessed brethren and fellow sufferers who overcame the same enemy that continues to make war vvith you and the remnant of the vvomans seed be the blood of the lamb the word of their testimony Ye have not only the advantage of all your persecuters but of many of the professed yea real friends of the vvork a great many of vvhom vvhen called by the same providence to appeare vvith you unto the help of the Lord against the mighty did couch under their burdens and abode amongst the sheepfolds to hear the bleatings of the flocks vvhile like true Naphtali's ye jeoparded your lives in the high places of the field some of whom it may be have added grief to your sorrow have condemned your riseing to justiy their owne sinful shifting and sitting that opportunity against whom we know ye meditat no other revenge then still to love many of them as brethren pray that their leaving you alone may never be laid to their charge And of some also who pretending respect to the cause did a great deal worse by associating themselves with that enemy vvho with open mouth did come upon you to eat you up the expectation of whose heart may be dreadful when he cometh to make inquisition for the blood of his saints and they may tremble at the thoughts of being led out width these workers of iniquity with whom they joyned themselves in the day of your distresse I wish that repentance may prevent this ruine ye have I say the advantages of these have obtained mercy of the Lord to doe and suffer for his sake while many of your brethren have fainted and fled keep your ground for ye are satans great eye sore he seeks you to shake and winnow you with the smooth flattering insinuations of the men vvhose great designe is to secure and setle themselves on the ruines of the vvork of God and seem to offer some thing if ye vvill give them security for your keeping the publick peace that is if ye vvill never offer to put out your hand to strip them of the spoiles of Christ's honour whervvith they have cloathed themselves this is to keep their publick peace to let them live in a peacable possession of vvhat they vvith vvicked hands have taken from Jesus Christ and never to trouble that vvatch vvhich they have set about the grave of his buried interests for fear of its resurrection But I hope that he who hath delivered your soul from death and preserved you vvhile they hunted for your precious life will also deliver your feet from falling that ye may holding still your integrity vvalk before God in the light of the liveing And though the Lord think good to hide his face for a time Let us waite on him who hideth his face from the house of Israel and let us look for him vvho knovves but he be waiting that he may be gracious and that he will be exalted that he may have mercy upon us For the Lord is a God of Judgment blessed are all they that waite for him who knovveth but the vision be only for an appoynted time aud at the end it shall speak and not lie therefore though it tarry let us waite for it because it will surely come and will not tarry Then they vvho are our enemies shall see it and shame shall cover them who said unto us where is the Lord your God Our eyes shall behold them and they shall be troden down as the mire of the streets vve shall no more be tearmed for saken neither shall our land be tearmed any more desolate but we shall be called Hephzibah and our land Beulah vvhen our Lord shall delight in us and our land shall be marryed Let our King come and make haste To him be glory for ever and ever AMEN ERRATA PAg. 3. Lin. 34. Read sincerely p. 12. l. 18. r. there may p. 34. l. 6. for this r. his p. 38. l. 21. r. from a Ibid. l. 22. r. difference p. 71. l. 20. r. mightily p. 79. l. 27. r. precedents p. 83. l. 23. r. Aristocracy p. 98. l. 34. r. Kings p. 1 l. 17. r. at p. 151. l. penult for is r. his p. 188. l. 4. r. politician p. 224. l. 13. r. precipice p. 237. l. 33. for only r. cheif p. 256. l. 15. r. absurd p. 311. l. 13. for virmilion r. nitre p. 429. l. 31. r. his cause p. 437. l. 7. r. this READER IF in some Copies thou finde some moe such like or some other through the transposition of Points or Letters or one Letter for another as n. for u. or t. for r. or s for f or the like that will not readily marre the sense thou mayest be pleased to correct these as thou readest JUS POPULI VINDICATUM OR The Peoples right to defend themselves and their covenanted Religion vindicated CAP. I. The Question cleared and stated THE Surveyer taking but an overlye slight and superficial vieu to the books he would make the world beleeve he confuteth measureth out and treadeth down as any of ordinary capacity compareing his wordy but unworthy pamphlet with what is orderly methodically set downe and strongly and unanswerably confirmed
and bloody way by armed mercylesse and bloody souldiers which looketh rather like the execution of a bloody act for massacreing then of a law made for the good of the Commonwealth This last toucheth our case as was shovved 6. It is one thing to speak of resisting and offering violence to the very person of the Magistrate and another thing to speak of resisting his bloody Emissaries 7. So it is one thing to speak of resisting his bloody Emissaries cloathed with a commission to exact the penalty imposed by law But it is a distinct thing to speak of resisting his bloody Emissaries exorbitantly exacting what they please without any regaird had to the standing unrepeled law though sufficiently grevious 8. It is one thing to speak of vvhat privat persons may or ought to do when injured oppressed there is some door open to get themselves eased of these oppressions by complaineing or appealing to the superior Magistrats or by simple petition and supplications But it is a far other thing to speak of what a People may do when all door of hope is closed and when simple supplicating would make them lyable to the crime of lese Majesty which was their case 9. It is one thing to speak of what a company of private persons may do in their owne particular case without the concurrence of the rest of the community who are not concerned in their case nor particularly engaged to help and concurre with them in that particular and another thing to speak of what privat persons though the minor part of a community may do in a case which concerneth not themselves alone but is common to all though it ma● be they suffer most of the heat of persecution upon the account of that common cause and in a case wherein all the whole community is bound and obliged to other to stand to and maintaine one another in the defence of that common cause and that by solemne bonds vowes and Covenants Now this was their case 10. It is one thing to say that the minor pairt of a community may rise in armes against all the Magistrats and seek to exauctorate them and overturne their power and against all the rest of the body and presse them to be of their minde and another thing to say they may take armes in their owne self defence when tyrannically oppressed for adhering to that Covenant and cause which the whole body of the land was engadged to maintaine with lives and fortunes no lesse then they without any intention to wronge the Magistrat's Just power and authority or to do the least injury to any of the community who would not carry in a hostile manner towards them Now such was the case and carriage of that poor people 11. It is one thing to say that private persons when injured by unjust lawes and when able to resist and oppose the Magistrate may never submite unto undue penaltyes which he salsly fathereth on Naphtaly But it is a far other thing to say that in some cases hic nu●c privat persons may resist the unjust and illegal force of Magistrats or that it is false to say that in no case imaginable private persons may resist unjust violence offered to them by Magistrats Or which is all one that in every case whatsomever it is the duty of privat persons to submit unto the most iniquous illegal and tyrannical impositions penaltyes and exactions or unto tyrannical and unjust lawes Now this is the true state of the question in thesi and if this be granted we seek no more as to that being persuaded the hypothesis will follow clearly from the thesis and hing on it without many knots of arguments to fasten it 12. It is one thing to say that private persons may call their superiour Magistrats when making defection to an account judicially processe them and formally give out sentence against them vvhich he injuriously allaigeth upon Naphtaly as any vvho vvill impartially consult the places by him cited vvill finde But it is a far other thing to say that private persons in some cases in way of defence and maintenance of the reformed Religion may stand to its vindication and this is all the vindicative povver vvhich Naphtali Pag. 18 19. the places vvhich he citeth speaketh of as incumbent to private persons From these things it is apparent to any of an ordinary reach in those matters hovv far that vvhich he maketh the knot of the question is from the true plaine full and reall state of the businesse novv controverted vvhich vve have laid dovvne And vvhat unfaire dealing vve way expect thorovv the rest of his pamphlet any may judge by what we here finde in the very stateing of the controversy But he vvill say that the Author of Naphtali vvhom he ignorantly tearmeth the libeller but in truth the honest vindicator of the innocency of the suffering people of God hath so stated it in his book It is true this Surveyer sayeth so Pag. 21. But vvhy did not he direct his reader unto the page vvhere such a state of the question vvas to be found I appeale to any vvho ever read that book to judge vvhether this man speaks truth or not Ay but you vvil say He hath cited Pag. 13 14. Naphtalies very vvords and hath cited the pages where these are to be found out of which words the State of the controversy as by him proposed may be drawne I Answer It is one thing to draw conclusions or consequences from the words of an adversary while he is prosecuting his arguments and out of these raise a state of a controversy and another thing to say that his adversary doth so state the controversy while as he speaks no such thing now both these are soloecismes the one in morality the other in way of disputing and of both he is guilty first it is an un truth to say that Naphtali doth so state the question as he allaigeth he doth and it is no better to say that Naphtali doth so state the question because here and there in his book he hath some expressions that seem to look there away Againe it is an absurd way of disputing and intolerable to draw the state of a question out of a mans expressions here there uttered in the prosecution of his arguments Whereas the state of the controversy is that which all his arguments prove conclude But what if al these expressions which he hath raked together out of Naphtaly will not bottome his assertions or the state of the question as he proposeth it sure every one must take him for a meer wrangler animpudent ignoramus in the matter of handleing a controversy if it be so And whether it be so or otherwayes let us now try The words he citeth first are out of Pag. 8. viz. these which I shall not curtaile as he doth but set downe fully And it will also appear that the necessity of convocations and combinations though
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
defend themselves and are mutually bound to assist and deliver one another So it now comes to be considered that seing the maintainance of truth and the true Worshipe of God were and are the principal ends and motives of contracting of Societyes and erecting of Governments whereunto both the People and Rulers are not only separatly every one for himself but joyntly obliged for the publick advancement and establishment thereof And that God doth therefore equally exact and avenge the sin of the Rulers only or of the People only or of any part of the People only upon the whole body of Rulers and People for their simple Tolerance and connivance without their active complyance with the transgressours of necessity both from the principles deduced and from the most visible judgments of God agreeable thereto there must be a supeperior and antecedent obligation to that of submission incumbent upon all both joyntly and separatly for the maintainance vindication and reformation of Religion in order to the promoving of these great ends of the publick profession of truth and true Worshipe which the Lord doth indispensibly require By vvhich any vvho read vvith judgment and attention and consider vvhat preceedeth and vvhat follovveth may see vvhat vvas that Authors scope and intention viz. to shevv in few vvords the lavvfulnesse of Peoples standing to the maintainance and defence of truth and the true Worship of God vvhen violated and enjured by these vvho by their places and callings should endeavour the establishing and perfect security thereof both from adversaries vvithin and vvithout as vvel as to the defence of their persones and libertyes vvhen wickedly persecuted for adhereing to God And that as it vvas not his scope and intention so nor will the words give ground to any vvho is not utterly blinded vvith prejudice and resolved to pervert the fairest and smoothest expressions that can be used to the end they may pervert truth deceive the simple who readily beleeve every thing to think that he pleadeth for any magistratical authority and povver to give out mandats and enjoyn execution upon transgressours in poynt of reformation of Religion unto privat persones Far lesse that he pleadeth for a povver due unto them to rise against and throvv dovvne King and all Magistrates supreame and subordinate and to use the vindicative punishing reforming povver of the sword even in case of defection in matter of Religion If any vvill but look to the end of that Paragraph they shall see this fully confirmed vvhere he is applying vvhat he said to the purpose he vvas upon viz. in vindication of vvhat vvas done by our first Reformers in the dayes of Mr Knox of whom only he is speaking in that part of his book for thus he speaketh and had not our Reformers great reason to feare and tremble least the manifest toleration of proud cruel and flattering Prelates who had perverted the lawful powers into bloody persecutors and of idolatrous Priests whose wickednesse and idolatry had corrupted the whole Land might involve not only themselves but the whole Nation in destroying and overflowing indignation Was there any such thing pretended or assumed by these Reformers but a power to defend and maintaine the true reformed Religion and their reformed Preachers against the malice of powers perverted and enraged against them by the bloody and pestilent counsel of the these idolatrous locusts and to hinder open and avowed idolatry which provoked God against the whole Land Did they ever arrogate to themselves the magistratical vindicative punishing and reforming power of the sword against all Magistrates Supreame and Subordinate Or doth Naphtaly say any such thing And yet this Surveyer because he cannot confute what is there nervously vindicated asserted and demonstrated That he may not be seen to do nothing for his hire he will thraw Naphtaly's words as he thinketh best and falsly and most impudently assert Pag. 83. That Naphtali sayeth Any party of meer private persones may rise against resist throw downe King and all Magistrates Supreame and Subordinate and in their Phinehas-like motions use the vindicative punishing reforming power of the sword especially in case of defection in matter of Religion and that there is a joynt obligation laying upon the people and every party thereof to vindicate and reforme Religion in a publick punitive way even against all Magistrates and Nobles and against the plurality of the people So that if any part of the people do think the Magistrates all of them or the plurality of the people patrons of abhominations any private party that think they have power enough may flee to the vindicative punishing and reforming sword and falt upon all Rulers and other whom they think to be in a defection and will boldly say that in truth they are so Who seeth not what perverting of truth is here When Naphtali only asserts that in case the Magistrate to whom the vindicative and in case of backslideing the reforming power is committed and who should make this his maine work shall turne the principal perverter and chief patron of these abhominations some other thing is required of the people then submission there lyeth upon them some obligation antecedent to that even an obligation to the maintainance vindication and reformation of Religion Which may be and is something distinct from that vindication and reformation which is incumbent on Magistrates even a vindication and reformation by way of maintainance of the received truth and hindering of idolatry and blasphemy or what is dishonorable to God pernicious to the commonwealth opposite to the true reformed Religion which may be done without arrogateing in the least that power which God hath committed to the Magistrates And this is far from useing the sword against the Magistrate and from throwing him down It is incumbent to the Magistrate to defend private subjects from Robbers and if they spoyl and robe a man's house to recover what is by robbery taken away but if he neglect this and rather patronize such Robbers It is a duty on the subject to defend his owne and vindicate and recover his goods the best way he can and who will say that it is an usurping of the Magistrates sword whereby he should punish Robbers defend the innocent and recover the goods of the spoyled or a riseing up aginst the Magistrate to dethrone him There is a private maintaining vindicateing and recovering of goods stollen which yet is active and may be effectual and there is a publick authoritative and magistratical defending vindicating and recovering The other may be incumbent to private persones in some cases when yet they do not usurpe this So in the Matters of Religion there is a private yet active and real maintaining vindicating and reforming of Religion when corrupted and there is a publick authoritative and Magistratical maintaining vindicating and reforming The former may be assumed by private persons in some cases without the least hazzard of incroaching upon this far more without
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 remedyles●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
no judgment and he saw that there was no man and wondered that there was no intercessour Truth and the cause of God was so at under that a man could not get leave to live if he depairted from evil he was a prey unto the persecuters so general and universal was this defection and at this time he saw that there was no man and wondered that there was no intercessour to interpose none that would stand up and lay out themselves to the utmost to set things in order none that would bestirre himself for truth and the right which was then oppressed see the English Annot. on the place the word is used 2 Sam. 22. 17. where it is said the servants of Saul would not fall upon the Priests of the Lord. So Exod. 5. 3. lest he fall upon us c. So that we see there was some positive thing required of them some effectual mediating and interposeing and hindering of these iniquities some publick owneing and avowing of the truth and by publick testimonies or other wayes of interposeing falling-into impede and stand in the way of that course of wickednesse 4. So Ier. 8 6. I hearkened and heard but they spake not a right no man repented him of his wickedness saying what have I done It is not probable that there was none penitent among them where then was Baruch and Ebedmelech Cap. 38. 7 9. and others that stood for the Prophet Cap. 26 8 16 17 24. But there must be some other thing imported viz. That there was few or none repenting of national evils and labouring to remove these no man was standing up and opposeing these publick land defections labouring by this meanes to raise up the virgin of Israel who was fallen Amos 5. 2. 5. Ierm 9 3. And they bend their tongues like their bowes for lies but they are not valient for the truth upon the earth that is they were ready enough all of them to imploy their power to the utmost for the evil cause to establish errour and a false way but they used no valour for the oppressed cause and truth of God they did not their utmost to have Truth established and the true Religion They did not put out themselves or make use of their strength for the maintainance of truth and equity in the land say the English Annot. and they make it parallel with Esa 59 4. This was their guilt and hereby we see what was the duty even of privat persons for of such this is to be meaned as the context cleareth in such a general day of defection viz. to be valient owners and maintainers of Truth against all opposers 6. Ier. 5 v. 1. Run yee to and fro throw the streets of Ierusalem and see now and know and seek in the broad places thereof if ye can finde a man if there be any that executeth judgment that seeketh the truth and I will pardon it We can hardly think that there were no mourners in secret in all Ierusalem though it is like they were very few but there was none to owne the good cause that was now troden under foot none bestirring themselves to oppose and hinder the carryed on course of defection If that had been the Lord sayes he would have spared the place which shewes how desirable a thing this was and how acceptable it would have been in the Lords eyes that for that cause he would have forborne to have destroyed them or to have cut them off 7. Ezech. 22 30. And I sought for a man among them that should make up the hedge and stand in the gap before me that I should not destroy it but I found none There were some even at this time sighing and mourning in secret for these abhominations who were marked Cap. 9. but there were none to make up the hedge which their provocations had made none to redresse the publick defection and Apostasy and stand for the truth and the suppressing of errour and iniquity So is it laid to the charge of their Prophets Cap. 13 5. that they did not goe up into the gaps neither made up the hedge for the house of Israel to stand in the battel in the day of the Lord Whereby we see that by this standing in the gape and making up the hedge more is meaned then a secret mourning even a faithful and publick owneing of the truth and opposeing of defection and putting a stope unto it as Moses did when he stood in the breach Exod. 32. though with authority as a Magistrate which private persones have not he not only prayed and wrestled with the Lord v. 11 12 13. but in great zeal took the calfe which they had made and brunt it in the fire and ground it to powder and strawed it upon the watter and made them to drink of it v. 20. If there had been any who thus effectually would have stood in the breach the Lord sayes he would have spared them so acceptable would such a work have been to him 8. So that word Ier. 13 18. Say unto the King and to the Queen humble your selves sit downe for your principalities shall come downe even the crowne of your glory Will import something more it being spoken to all indefinitely giveth a warrand to all to deal with King and Queen to prevent the sad dayes which were coming by reason of the defection and abounding sinnes 9. So that word Hos 2 2. Plead with your mother plead for she is not my wife which is spoken to private persones and so is a warrand to them to contend in judgment as the word doth import against the Church which was corrupted and had forsaken the Lord and his wayes and so to stand to the defence of truth and to plead for the cause of God against their very Mother the Church The body of the Nation that not only they might exoner their owne consciences but also get things reformed so far as lay in their power and keep the memory of the cause of God afresh that it should not be buryed These places and the like though we bring them not to prove immediatly our maine Question as it may be the Surveyer who useth to take but half a look of matters will suppose yet when duely considered in their just latitude and extent they will clearely evince That more is required of private persons in a general day of defection then to keep themselves free of the same or to mourne in secret or the like And if we lay them together they will clearly prove it the duty of privat persones in such a day of defection to be publickly declareing their abhorrence of the wicked courses which are carryed on to be actually and effectually interposeing with King and Great ones that a stope may be put unto the course of wickednesse and God's wrath averted that they would plead Zions cause against all opposers and thus stand up in the gape and make up the hedge by publick and avowed owneing of
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
consonant to the word of God and publickly received with all solemnities imaginable notwithstanding of acts and lawes made to the contrary and no true Christian will say That subjects should imbrace any Religion which Magistrates will countenance and prescribe be what it will or upon that account 2. As they were thereby declareing their soul abhorrence of these corruptions which were countenanced and authorized by sinful acts and statutes so they were defending to the utmost of their power the reformed Religion according to their Covenant and vow to God And that such a defence as this is lawful we have shewed 3. They were defending themselves against intolerable and manifestly unjust violence offered because of their adhereing to the cause of God and to the reformed Religion which King Parliament and all rankes of People in the land were solemnely sworne to owne and avow all the dayes of their lives really sincerely and constantly as they should answere to God in the great day no lesse then they 4. They were mindeing their Oath and Covenant made with God with hands lifted up with solemne attestations and protestations the Covenants which they did make and renew in the presence of Almighty God the Searcher of all hearts with a true intention to performe the same 5. They were endeavouring in their places and stations according to the latitude allowed in times of such necessitie and in matters of such weight and moment to have the Church and Kingdome purged of these abhominable and crying corruptions and grievous abhominations which provoke the Lord to wrath against the whole Church and Kingdome 6. They were defending the maine fundamental law and constitution of the Kingdome and that maine article of Agreement and Compact betwixt Soveraigne and Subject which all the members of the Nation were no Lesse bound unto then they 7. They were joyning together as detasteing that detestable indifferency and neutrality abjured to defend and assist one another in the same cause of maintaining their reformed Religion with their best counsel bodyes meanes and whole power against the old inveterate and Common enemie that malignant spirit and rage according to their Covenants 8. They were repenting of their National sin in complying by their sinful silence not giving open faithful and faire testimony when the Truth of God was openly and violently trode under foot with that dreadful course of backslideing which was violently carryed on They were calling for justice and valiently pleading for truth sinfully and tyrannically borne downe and oppressed They were with zeal and courage valiently interposeing labouring to put a stop to the begun and far-carryed-on defection when truth was failing and he who depairted from evil made himself a prey that God might pardon and look in mercy on the land They were endeavouring to stand in the gape and make up the hedge and pleading with their Mother Church or a malignant faction in her shamefully departing from God when there was no other way or meane to be followed or essaved When all these things are duely considered and laid together It will appeare to impartial and unbyassed persones That the late act which is so much condemned and cryed our against is not so hainous and unpardonable a crime as this Surveyer and his wicked party vvould give it out to be but vvas a noble and laudable interprize for the glory of God the good of Religion Church and Kingdome beside that it vvas a most necessary and unavoydable act of self defence Since the Scriptures formerly cited vvill allovv more unto private persons then vvhat this Surveyer restricketh them unto as vve have shevved in a time of defection Then vvhen there vvas no other vvay left to do these dutyes there required and vvhen vvith all several other things did call aloud to a mutual conjunction in armes for defence of one another and repelling of unjust violence and prosecuteing the holy and necessary ends of the Covenants vvhich they svvore no man in reason can suppose that such a vvork is repugnant to Scripture or right reason but rather most consonant to both And though many do and will condemne the same even as to this interprize of Reformation upon what grounds and motives themselves best know yet Our worthy and Noble Reformer famous Mr Knox if he were living this day would be far from speaking after the language of such For he in his appellation Pag. 22. c. hath these words The second is that the punishing of such crimes as are idolatry blasphemy others that touch the Majesty of God doth not Appertaine to the Kings and chief rulers only but also to the whole body of the People and to every member of the same according to the vocation of every man and according to that possibility and occasion which God doth minister to revenge the injury done against his glory when that impiety is manifestly knowne And that doth Moses plainly speak Deut. 13 v. 12 13 14 15 16. in these words if in any of the cities c. plaine it is that Moses speaketh not nor giveth charge to Kings Rulers and judges only but he commandeth the whole body of the People yea and every member of the same according to their possibility And who dar be so impudent as to deny this to be most reasonable and just for seing that God had delivered the whole body from bondage and to the whole multitude had given his law and to the twelve Tribes had he so distributed the inheritance of the land of Canaan that no family could complaine that it was neglected was not the People and every member addebted to acknowledge and confesse the benefites of God Yea had it not been the part of every man to have studyed to have keeped the possession which he had received Which thing God did plainly pronounce they should not do except that in their hearts they did sanctify the Lord God that they embraced and inviolably keeped his Religion established and finally except they did put away iniquity from amongst them declareing themselves earnest Enemies to these abhominations which God declared himself so vehemently to hate that first he commanded the whole inhabitants of that Countrey to be destroyed and all monuments of their idolatry to be broken downe But in such cases Gods will is that all creatures stoup cover their faces and desist from reasoning when commandement is given to execute his judgement Albeit I could adduce diverse causes of such severity yet will I search none other then the holy ghost hath assigned first that all Israel hearing of the judgement should feare to commit the like abhomination and secondly That the Lord might turne from the fury of his anger might be moved towards the People with inward affection be mercyful unto them multiply them according to his oath made unto their Fathers Which reasons as they are sufficient in God's children to correct the murmuring of grudging flesh so ought they to provoke every man as before
so for this offence all the land was punished because at least as it oft hapneth the people had not hindered it Then Pag. 52. he cometh to explaine his other assertion It is no lesse certane sayes he to us that if the Magistrate do not connive at the sinnes of Subjects nor neglect to curb and punish them the sins of the people shall no way be imputed to him he not being thereunto accessory in any way nor shall be punished for their sinnes which in his place and calling he is wrestling against Answ Yet we know that for the transgression of a land many are the princes thereof Prov. 8. v. 2. And that for a punishment to people God may even cut the dayes of a good prince and though we should grant that it were no proper punishment unto the good Prince yet materially and in it self it is a stroke But he addeth Also it is alike certane That private persons shall not have the sinnes of Magistrates or of the body of the people imputed unto them nor be punished for the same if so be they honestly endeavour to do all things against these sins which in their privat calling they are bound to do Answ Be this granted The main question will be if people can be said to have honestly endeavoured to do all things against these sinnes which in their privat callings they are bound to do if having power to withstand the committing of these evills or to remove them after they are committed yet they forbeare and suffer these things to be done and labour not to remove them He addeth If they keep themselves without any degree of acting these sins or any way of accession to them if they mourne and sigh for evils that are done if they be earnest in prayer that God may convert others from their evil way if they as they can have opportunity faithfully admonish and study to reclaime those who are out of the way and do such like Christian dutyes God will never enter in judgment vvith them for not doing violence to the authorityes that are above them Answ If the Surveyer would do no more then this he ought neither to be accounted a good Christian nor a loyal subject For if he saw the King about to cut his owne throat with a knife or about to do as Saul did fall upon his owne sword or runing doun a precipice to break his neck would any think he had had done his duty and exonered his conscience if he should not lead his hand unto that mischief nor thrust him doune the principice but should roare and cry God save the King and admonish and study with faire words to reclaime the King from that cruel deed would any think but he might have done more even if he had had strength enough have holden his hands and keeped him back from breaking his neck and yet never have been in any hazard or sinfully touching the Lord's anoynted or doing violence to the authority that God had set over him 2. And if Kings may be-resisted and with violence hindered from putting hands in themselves or from drinking a cup of poyson or doing some such deed which will or may prove destructive to their life and posterity without doing violence to the authority appoynted of God vvhy may they not also be hindered from doing that which will ruine their souls and prove destructive to their Kingdomes and bring on the curse and vengeance of God upon young and old without doing any sinful violence unto the authority And as in the former case a man could not but be guilty of the King's death who knew that it was a cup of poyson which he was to drink and did not having power to do it hinder him from drinking it So in this case they that have power to hinder the Magistrate from drinking poyson or doing what may be deadly to thousands of his innocent subjects and bring downe the curse of God upon him and his posterity and do it not cannot but be guilty of that sin before God and so cannot expect to be free of the punishment which God will inflict because of that sin as not having done even in their private callings what they were bound to do viz. not having used their power for the glory of God the good of the Soveraigne and his posterity nor for the good of the Commonwealth which they were bound to do He tells us moreover concerning that instance of Manasseh Ier. 15 v. 4. That the people were punished because they were shares of the guiltinesse not by not violent resisting which they were never exhorted to but by direct or indirect accession otherwayes Hos 5 ver 11. Ier. 5 v. 31. Ans 1. How could young children be accessory either by consent or any otherwayes to these courses of Manasseh 2. It were hard to say that even all who were come to the use of reason were guilty of accession unto these wickednesses who yet were carryed away captive such as Daniel Hananiah Mishael and Azaria and others 3. That there were many yea the far greatest part of the People who were guilty of hainous sinnes when the final stroke came cannot be denyed but that they were at that same hight of wickednesse which they were at in Manasseh's dayes is doubted 4. We shalll grant with Calvin on the place That Manasseh alone was not in that transgression but had many of the People consenting Yet as Manasseh himself was dead long ere the stroke came so were they and yet for that sin of theirs the posterity suffered Yea even notwitstanding that there interveened a National repentance and mourning for that National sin and National Reformation of these idolatrous courses in the dayes of Iosiah 5. Though it be true that the People after Iosiah's dayes returned to their vomite and had wickednesse enough of their owne for which God might have punished them yet it is very remarkable how that sin of Manasseh is particularly mentioned as if there had not been another to procure that stroke and certanely all who read the places cited before will easily observe that there is something more in them then an occasion taken to remember that dreadful time of Manasseh when the wickednesse began as the Surveyer sayeth in the following words 6. It was their sin I grant that they did consent and that sayeth that they should not have consented but have refused obedience unto the King idolatrous mandats and have hindered in their places an according to their power the setting up of these abhominations and should have adhered to the truth and worship of God as it was practised in the dayes of good Hezekiah his Father 7. He needs not say they were not exhorted to this violent resisting for it was but folly to speak of resistence to these who so willingly walked after the commandement and would not do so much as disobey 8. That place of Hoseah speaking of Ephraim's willingly walking after the commandment proves
murther or to consent thereunto to bear hatred or to let innocent blood be shed if we may withstand it c. Citeing in the Margine Ezech. 22 1 2 3 4. c. where the bloody City is to be judged because she relieved not the oppressed out of the hand of bloody Princes v. 6. And to what Ambrose sayeth de office Lib. 1. c. 36. saying qui non repellit a socio injuriam si potest tam est in vitio quam ille qui facit i. e. he who doth not repel an injury from his brother when he may isas guilty as he who doth the injury And this he cleareth by Moses his deed defending the Hebrew against the Egyptian CAP XI Of our qualified alledgiance to the King Our Arguments hence THe author of Naphtaly Pag. 177 said That all powers are subordinate to the Most high and appoynted and limited by his holy will and commandement for his owne glory and the Peoples good and our allegiance was and standeth perpetually and expresly thus qualified viz. in defence of Religion and Liberty according to our first and second Covenants all allegiance obedience to any created power whatsoever though in the construction of charity apparently indefinite yet in its owne nature is indispensably thus restricted By which words any who will duely consider the scope which that author doth drive at will see That his meaning was That as obedience and allaigeance is to be given to Magistrates only in the Lord So the same ought to be promised with this qualification or limitation so far as it is not contrary to Religion and Liberty of the Subject thus we all swore to defend his Majesties person and authority in the preservation and defence of the true Religion and Libertyes of the Kingdomes and it is plaine to all who will not shut their eyes that the foresaid author putteth no corrupt glosse upon that necessary clause and qualification for while he is dissuadeing from taking of that bond which was urged upon the People of Edinburgh he useth the words cited furder addeth To renew the same or take any the like oath of allegiance purely and simply purposely omitting the former and due restriction especially when the powers are in most manifest notorious rebellion against the Lord opposition to his cause and Covenant is in effect equivalent to an expresse rejecting and disowning of the same limitation and of the Soveraigne prerogative of the Great God and King over all which is thereby reserved as much as in plaine tearmes to affirme That whatever abused authority shall command or do either as to the overturning of the work of God subverting of Religion destroying of Rights and Libertyes or persecuting of all the faithful to the utmost extremity we shall not only stupidly endure it but activly concurre with and assist in all this tyranny What could have been spoken either more full or plaine both for explicating the genuine import of that restriction or qualification or the authors Orthodox sense thereof Yet behold how this wrangling pamphleter because he can get nothing to say against the truth asserted must wrest words and sense and all that he may have something to say against the straw-adversary of his owne setting up Therefore he tells us Pag. 6. Can this assertion subsist that neither alledgiance or fidelity nor obedience is to be given to any created power but in defence of Religion and Liberty As if Naphtaly had meaned That no alledgiance fidelity or obedience was due or to be given to the created powers but when and in so far as they did actually owne and contribute their utmost for the promoving or establishing of Religion and the Liberties of the People Whileas his meaning is clearly seen to have been this That as all powers are subordinate unto God the great King over all So all alledgiance fidelity or obedience is to be promised and given unto them with a reserve of the allegiance fidelity and obedience due to God the Highest of all and that man's interest is not to be preferred unto God's but alwayes acknowledged in subordination thereunto So that when earthly powers are stated Enemies to Christ and his interest no absolute allegiance fidelity or obedience is to be promised But alwayes with this restriction or limitation Neither are the Subjects bound to concurre or assist them while in such a stated course of opposition to the King of King's and while actively endeavouring to destroy his great interest in the world But what sayes our Surveyer furder That obedience is not to be given unto any creature on earth against Religion or the revealed will of God shall be easily granted we ahhore the very thought of so doing Ans Though he abhore the very thought of so doing yet many will say that he hath not abhorred to do it It is against God's expresse and revealed will to commit perjury and renunce a Covenant sworne with hands lifted up to the most high God and yet he knowes who is guilty of this maketh the will of a creature the Law of the Conscience when the appendix is a full belly Againe sayes he it shall not be said that obedience is to be given to powers against the liberty competent to us as subjects and consistent with Soveraignity yet so that the measure of that liberty must not be made by every man's private will but by the declarature of the Parliament representative of the Subjects which best knowes what thereunto belongs Answ This royal liberal man would seem to yeeld something in favours of the liberty of the People but with his annexed clause and restrictions he takes all back again For 1. sayes he it must be consistent with Soveraignity and how wide a mouth this Soveraignity hath in his and his complices estimation many know and we have seem in part even so wide as that is shall swallow up all the Peoples liberties like one of Pharaohs leane kine that eates up the fat and yet is never the fatter Then 2. it must be determined by the Representatives as if the Representatives were not ex officio bound and obliged to maintaine the Liberties of the People which belong to the People ere the Representatives have a being and as if it were in the power of the Representatives to sell and betray the Libertyes of the People or as if no more were competent to the Subjects de jure then what they will Hath a man no more right to his lands aud heritages then what his advocate who betrayeth his trust for a larger summe of money alloweth him or declareth We know Parliaments can basely betray their trust and sell away the Libertyes of a People contrare to their vow and oath to God and their obligation to the People whose trustees they should be and shall People have no more liberty competent to them then what a perfidious company conspired against the good of the Commonwealth to pleasure a sinful Creature determineth
the Reviewer's concessions we are not bound to submit vvhen the higher povvers persecute us for truthes sake deny homage to the Sone of God presse the approving of corruptions in the poynt of government destroy the precious truthes of God and interests of Christ make a general defection and Apostasy And in a vvord turne Enemies to the liberties of the People destroy the Covenanted vvork of God oppresse the Subjects in bodyes States and Consciences and so crosse the very ends for vvhich they vvere appoynted 2. The Reviewer Pag. 109 110. though he vvould have submission in the matter of discipline vvhere the hazard is only personal and a mans suffering is not tanti as to disturb a vvell setled national Church vvhere doctrine and vvorshipe are in their integrity yet he thinks the case is of greater moment vvhen a National Church in her judicatoryes introduceth falfe doctrine and corrupt vvorshipe to be imposed upon a Church And so dar not affirme that submission is in this case due Why vvill not the Surveyer take notice of this grant so much in our case We should readyly grant to him that submission might be yeelded in smaller matters when the hazard was only personal and the suffering of one or of a few was not tanti as therefore to disturb the setled State wherein the maine matters were keeped in their integrity But he cannot in reason demand more of us if the parallel hold or seek submission when Higher powers are overturning the precious Truthes of God and interests of Christ are destoying a glorious work of reformation are pressing all to open and avowed perjury are destroying the fundamental rights libertyes and privileges of the Christian Subjects and tyrannizing over their Estates their Bodyes and their consciences 3. So tender was the Reviewer that Pag. 115. he would not urge submission to sentences of inferiour courts when appeales from one judicatory to another could not be had yet so untender is our Surveyer that he will have absolute and unlimited submission yeelded when he knowes that not only is there no liberty of appeal granted but not so much as liberty to petition and supplicate to get any thing that is amisse righted Thus he would have the whole land submitting to meer and cruel tyranny 4. Pag. 129. the Reviewer said We never asserted a judicatory might be contra-acted in no case as we cleared before far lesse will be affirme that a judicatory may not be contradicted in any case ibid. Hovv cometh it then that our Surveyer doth not follow the Reviewer's footsteps but pleadeth for absolute and illimited submission in all cases vvhatsomever 5. Pag. 131. vvhen he comes to that argument taken from the Tyranny which would hereby be introduced in the Church which would consequently condemne defensive armes used against Tyranny in the State He only sayes That no learned man would ever allow people to rise far lesse a party only against a prince upon the account only of the unjust sufferings of particular persones whole yet the affaires of Church and State were well ordered-while yet they adhered unto overturned none of the righteous things in a nation Sure then it will be allowed by him that people though the lesser part defend themselves against Tyranny when not only particular persones are unjustly suffering but the righteous things once concluded and confirmed by lawes Oathes Vowes Covenants Acknowledgments Declarations Protestations are overturned the work of God razed to the fundation perjury and breach of Covenant established Conrses laid downe for a constant exercise of tyranny and oppression c. againe 6. pag. 134. let once sayes he a judicatory grow so corrupt as to condemne the dutyes of preaching Christ and participation of publick ordinances in the very nature and kinde and as to all sorts of persons universally and in that case we shall without scruple conclude them no true courts of Christ consequently not to be submitted unto yea in case such decrees were published we should hold it a case of confession for ministers to preach and people to frequent ordinances so long as they had liberty or oportunity How then can submission be given to these in povver vvho novv have destroyed the interests of Christ and vvill suffer none to plead or contend for Christ and his oppressed truth or speak against perjury and dreadful defection vvhere of the land is novv guilty But enough of this vve proceed Another particular which we shall here examine is that discourse he hath concerning I Sam. 8 ver 10. Pag. 63 64. The summe of what he sayeth is this It is true sayes he the place I Sam. 8 ver 10. neither contradicts nor repeales that law Deut. 17 ver 14. But it is false that only the tyranny of a King is there spoken of by way of meer dissuasive Moses and Samuel agree The one shewes what a King should do ex officio and de Jure The other what a King may do by the power he hath and yet not be ●b●oxious to punishment from Subjects or what a people should suffer of an evil King without attempt of violence upon him The one sets out Gods approbative law The other his permissive law as albeit the Lord approve not divorce yet by a permissive law Deut 24 ver I. Husbands had liberty to put away their Wives without being obnoxious to humane punishment The fact it the manner of Tyranny but the permissive power without punishment from subjects is the just right of all lawfull Kings Though Samuel might have here intended to disswade the people yet his maine intention was to shew the people their duty under a Kings oppress●on what they were to suffer without resistence for to what purpose should he have written the Manner of the King in a book and laid it up before the Lord 1 Sam. 10 ver 25. But to teach the people their beheaviour to the King So that this was not the law of the King Deut. 17. which was already keeped in the Ark. Answ 1. It is well that he granteth that this ●us Regis Or the manner of the King is de facto the manner of tyranny and so that it was no wayes lawful for the King to do these things there mentioned which yet other Royalists do peremptorily deny and averre hence that Kings have full absolute and illimited power over the Subjects persons and goods And thus as to the King's part he must grant that what is here spoken is contrary to what is said Deut. 17. 2. All the circumstances of the text shew that this tyranny of the King is spoken of meerly in way of disswasive for it was a King to judge them like unto the Kings of other Nations which they were seeking and this displeased Samuel ver 6. and the Lord said to Samuel that hereby they had rejected not Samuel but himself that he should not reigne over him ver 7. and the Lord commanded him solemnely to protest against them and then
pleased to doe what he alledgeth Naphtaly and his complices had a minde to do The first question which he speakes to Chap. 1. Is touching the dissolving of humane societies which in some cases politicians will yeeld to see Althus pol. c. 38. n. 76. And the thing he driveth at is to fasten on the honest party a resolution and designe to dissipate and dissolve the immemorially setled frame as he loveth to speak Pag. 9. of that Nation and Kingdome which through divine providence hath in many generations subsisted under our lawful Soveraignes for the common benefite of subjects at home and to the honour and renown of the Nation abroad yea and to the glory of divine providence which hath through many stormes in several ages preserved us in this comfortable constitution And this he deviseth of his owne wicked heart of purpose to make these cordiall lovers of Religion and of their Countrey hateful to all the world if he could and therefore he would represente them as men of strange principles purposes But wo to such as make lyes their refuge This man thinketh to make the King glade with his lyes but we know that the mouth of such as speak lyes shall be stopped But sure one would think that he behoved to have some clear ground to walk upon in asserting this of us and especially when he is at the paines to spend a whole chapter to confute it And yet vvhen he hath rambled up and downe that book of Naphtali to seek out a ground for this assertion he can not adduce any one sentence that even with half an eye doth look there away except one which yet hath no such designe or import The sentence is this Pag. 150. That through the Manifest and notorious perversion of the great ends of Society and government the bond thereof being dissolved the persons one or moe thus liberated therefrom do relapse into their primeve liberty and privilege and accordingly as the similitude of their case and exigence of their cause doth require may upon the very same principles againe joyne and associate for their better defence and preservation as they did at first enter into Societyes For clearing of which these things would be observed 1. That the author there is only adding a few observations to cleare the innocency of these noble witnesses who died owneing the interest and cause of Christ and to shevv hovv free they were of the crime of rebellion with which they were charged Now all know that as these worthies had no designe of erecting themselves into a distinct common-wealth nor to make such a civil politick separation from the rest of the land so the way which they took did directly tend to have the whole land united unto God and among themselves as one for God and to God in the bond of the solemne league and covenant Had they designed such a separation they behoved also to have chosen more apposite fit meanes then these were which they did use as any of halfe a judgment may perceive 2. That as the maine and only designe of these worthies was to defend themselves and their Covenanted Religion from manifest oppression and tyranny and to have the land recovered from that wofull course of backsliding and departing from the Lord whereof it was guilty and wherein it had lyen for many dayes So This author is only clearing their innocency as to that and therefore in the first observation Pag. 147. He cleareth the native ground of self preservation and in the 2. How the perverting of the ends of government doth not destroy this native right but that then people are as free to defend themselves as ever even against the oppressing Powers who in that case according to King Iames his testimony and practice become Tyrants and are to be resisted and in the 3. How all powers are obliged if not expresly yet tacitely to walk in a due subordination to God and to prosecute these great ends of government and particularly in the 4. How our king is bound by the lawes of the land and by his coronation covenant oath to Rule for God and the good of the People And in the 5. How all even the most Malignantly affected would assent to this as an undoubted truth in their owne particular cases And cometh in the 6. Place to the words cited which must have the same import and tendency to wit to clear the innocency of private persons self-defence and defence of Religion when the powers which should minde and study according to their place power to promove the great ends of society and government viz. the glory of God and the good of the Subjects in soul and body do manifestly and notoriously pervert these ends and preferre themselves and their owne lusts unto the will and glory of God and to the good of the People The same is also cleare from the following observations which do manifestly poynt at the clearing of people being bound in duty to defend themselves and their Religion conforme to their engagements vowes and Covenants which still stand in force notwithstanding of any thing done to the contrary of late in their acts rescissory and condemnatory 3. The very words themselves to any who is not utterly blinded with prejudice can import no more then that when through the notorious and mainfest perversion of the great ends of society and government the bond thereof is dissolved and the persons now relapseing into their Primeve liberty and privilege may no lesse now joyne and associate together to defend Themselves and their Religion then at first they entered into societes For as their entering into societies was for this end and their setting up of Magistrates over themselves was for this end so when the Magistrates crosse their end and rule and thereby annul the relation or make it invalide for the ends they may joyne together now for these ends as they might have done before the formal institution of Government And who can deny this to be a truth Or who can hence inferre but he who is of a perverse spirit and for his perverse ends seeketh to pervert all things that he pleadeth for the lawfulnesse of Peoples crumbling together in lesser fractions and petty commonwealthes 4. Suppose the words should be capable of that glosse ' which the Surveyer putteth upon them yet as they lye connected with what preceedeth and with what followeth they can at most be but a Medium for proving the intended conclusion and so must be considered as founding an argument a Majori ad minus from the more to the lesse to this purpose if when through the manifest and notorious perversion of the great Ends of society and government the bond thereof is dissolved and persons relapse into their primeve liberty so that according as the similitude of their case and exigence of their cause requireth upon the same principles they may againe associate and combine into new and distinct Societies and Commonwealthes
I sinned saying that David spoke so because he feared none And of Ambrose on the same words saying that he was King and under no Law and therefore he did not sin against man But all this is no purpose For 1. himself will grant that all Kings are not thus exempted and his adversaries will prove the King of Britane one of these limited and restricked Kings that are obnoxious to examination and punishment and these sayings cannot prove that all Kings are so yea or ought to be so 2. Tertullian to vindicate the Christians who would not acknowledge the Emperour to be God and to shew how notwitstanding they respected him according to his place would give him as high titles as he could though not out of flattery and so make him the highest person in the Empire and above the heathen Gods yet he did not set him above all the People in their Representative the Senate or if the did the Senate proved him to be in a mistake by taking course with several of these leud and wicked Tyrants 3. David's single act of adultery and murther were no such acts of Tyranny as are censurable with deposition and so it speaketh not to the case 4. It might be that de facto he did not fear another as Ierome sayes But that will not say that David might have destroyed the inheritance of the Lord without controlle or that other Princes are or should be exempted from restraint and punishment if they turne ingrained and habituated Tyrants 5. Himself will not stand to what Ambrose sayes for he addeth immediatly There is no doubt but David was sensible both of the horrid injury he had done to Uriah the occasion of that Psalm and of the scandal he had given to God's People in which sense he might be well said to sin against both 6. The words of the text vvill not beare that vveight viz. That he had no other judge but God or that as Deodate sayeth he was exempted from all punishment of men was obnoxious to no humane tribunals but as other commentators say the words are to be taken in a comparative sense that this was the greatest aggravation of his guilt that it was such a hainous trasgression in his sight who was privy to it however he did conceale it from all others so far as he could see the Dutch Annot. on the palce and therefore to expresse his spiritual sense of the sin commited against God against whom properly sin as sin is commited he useth this rhetorical ingemination And if the words should have imported what the Surveyer would have them to import they had not been apposite to expresse his spiritual grief sense of the hainousnesse of the crime commited Then he tels us what excellent Mr Calvin sayeth Instit Lib. 4. cap. 20. § 27. and 31. and then sayes It is a wonder how many who pretend respect to Calvin should dar to violate the sacrosanct Majesty of Kings if they will but read over that chapter But is it not a wonder how this man who seemeth to have read over that chapter and particularly § 31 should passe by what worthy Calvin sayeth in the end of that section or should have so little respect unto that worthy man whom he himself accounts to be worthy of respect and but deservedly as to plead for an incontrollable power in Kings When yet famous Calvin tels us there that if the Ephori or States of Parliament connive at the King's tyranny and suffer him to oppresse and insult over the poor People they are wickedly perfidious and palpably betraying their trust Then in the 4 place he tels us That it is not denyed that the King is bound before God to rule his People according to the Law of God and that it is grosse to say Regi quicquid libet licet This is good but what then What if he deviate We maintai●● sayes he that as sure truth That impunity as from subjects necessarily attends Soveraignity by the Law of God reason and nature For no man can be judged or punished but by a judge above him and the Supreame hath none such c. Answ But Mr Prelate your adversaries will maintaine the contrare as a sure truth We looked for a fourth proof and not for the thing in question or a repetition of what is said The same thing repeated six times will not make six arguments Mr Bishope give a new proof if you can of this firme truth which you maintaine We maintaine by the Law of God Nature and Reason No man hath an uncontrollable power to destroy millions to cut off the heretage of the Lord to destroy his Interest And we have shewed our grounds for this 2. How was Athaltah judged And what a judge was Iehu 3. It hath been told him that the supreame governour hath a supreame power above him The power of the People that made him Supreame governour is above him and can depose him and put another in his place He may be a Supreame governour dispensator and yet their servant accountable unto them and censurable by them when he deviates and turnes a Tyrant and a Wolfe and a Tyger When one King wrongeth another that other will both judge and punish him if he be able and yet is not properly a judge above him Much more may the Representative of the People who set him up and impowered him both judge him and punish him But the good man thereafter would advise Kings not to abuse this inviolablenesse but so much the more to fear sadder punishments from God and for this cause would have them reading the 6 chapter of Apocryphal Book of Wisdome But was there no texts in all the divine Word of God that he would put into the King's hand to read that he must send him to the Apocrypha It is true Kings would do well to remember that they have a God above them who will not be mocked but will bring them to an account of their doings though they should escape Mens hands and to the end they may be put in remembrance of this they stand in need of other monitors then the Men who have forgote it and send them to Apocrypha to finde it And this should keep them within the boundaries of God's Law But as the fear of punishment from Man will restraine some from stealing whom the fear of God would little overawe So it may be the feare of punishment from Men would have no small influence to make some Kings walk by a rule And Sub●rdi●a●a non pugnant He would do well to minde them of both and it is like he would finde that more effectual to suppresse Tyranny then to tell them that their sacred persones are inviolable as to Men but yet they would do well to read the 6 chapter of Wisdome He cometh Pag. 77. to speak particularly to what Naphtaly said and alledgeth that It is most falsly and wickedly said that God's providence or God's Word approves the
the civil Magistrates Sure when he said and elswhere proved that the Estates of the Realme were above the King he fully agreed with these authors touching the meaning of that place so that that Surveyer might have spared his paines in reciteing their words for he sayes nothing against what either Pareus Pet. Martyr Musculus Bezelius Diodate or the Chaldee Paraphrase say Let us hear how he applyeth this to the purpose But sayes he if the persons invested with Supreme power of the sword abuseing their power become guilty of shedding innocent hlood who in that society where of they are heads shall judge or punish them who is superiour over the supreme to punish him It is inexplicable how any in whom the Soveraigne Majesty Magistratical power resides should according to order be punished by subjects Answ This is the knot of all but it is nothing else than what we have heard againe and againe and hath been spoken to already But yet because it is to him inexplicable and a Gordian Knot let us see if we can loose it without Alexander's sword He will grant or if he will not but retract what he hath elswhere granted speaking of a legal resistence all the lawyers in Scotland will grant it that if any in the King's name shall seek to dispossesse a Man of his inheritance the man may defend his right by law and the King by his advocate must pleade his cause before the ordinary judges and these ordinary judges must judge righteous judgment according to law and give out a decreet in favours of the subject against the King and so condemne the King of injury and oppression intended against the subject Now who but the ordinary judges in civil Matters are judge here to the Supreme yet these judges in another respect are but subjects doth he not now see how such as are meer subjects in one respect may judge and punish him who is invested with Soveraigne Majesty and Magistratical power and so in another respect are above him And what if I say that as in civil Matters the ordinary judges may judge the King so the justice general or his deputy constitute ordinare judges in criminals or capitals may iudge him when he committeth a capital crime let him or any Man else shew me a reason why the one should be and the other may not be in poynt of conscience But if we speak of a Parliament the Representatives of the People the case is so cleare that there is no difficulty for that is a judge alwayes above him and so even according to his limitations if the King shed innocent blood by them may his blood be shed Then Pag. 81. he sayes When the Apostle Rom. 13. sayes let every soul be subject to Superiour powers that every soul doth not comprehend the supreme power it self for how can the Man invested with it be subject to a superiour power but it is meant that every soul under the superiour power or supreme should be subject to it Answ Yet againe the same thing which we heard before Is he not able to understand this how one who is supreme in one respect may be inferiour in another respect The father hath a Supreme paternal power over the Son yet the sone being a judge or Prince may be over him as David was over Iesse and Saul over Kish But sayes he Let men as they will indulge themselves in their seditious Notions they must at last sist in some supreame power on Earth which is not judge able or punishable by any Answ Be it so what hath he gained for the King his Master Must either he be the supreme power on earth which is not judgeable or punishable by any or must there be none His adversaries will soon deny the consequence And he let him indulge himself in his Tyrannical Notions as much as he will shall never be able to confirme it How then shall he defend the sacred person and life of the King What sayeth he further If soveraigne Majesty be placed in Parliament or People who may be guilty of shedding innocent blood as well as the King who shall shed their blood when they transgresse Shall this be reserved to the sounder and smaller part of the People as this Man speaks Pag. 240. then there is ground enough laid for Eternal confusion Answ The Surveyer either subtilly or ignorantly confounds things here which should be considered distinctly and leadeth his unwarry reader off the way Wherefore we would have the Reader though all this is nothing to the purpose in hand to prove the King uncontrollable or unpunishable and unjudgeable for any of his acts take notice of these few things which will help to cleare the matter 1. That there is a not-judgeablenesse to speakso and not-punisheablenesse de facto which may be said of some notorious rebels and out-Lawes whom neither Law nor power of authority can cöerce and there is a non-punishablenesse and non-judgeablenesse de ●ure when one is exeemed from Law-judgment and Law-sentence so that he is above all tryal and sentence of Magistrates Cases may fall out wherein such as are punishable judgeable de Iure according to an ordinary way laid downe or allowed by God may notwithstanding be unpunishable and not-judgeable de facto either through corruption prevailing over all or prevalency of power in the punishable person or persons And this though in an ordinary way irremediable yet speaks not against the Ordinance and appoyntment of God and Nature 2. That there is a difference betwixt personal faults of Governours or such as are invested with authority and power as was that act of Murther and Adultery in David and publick miscarriages in poynt of governm in exerceing the power wherewith they are invested of personal faults speaketh Lex Rex in the place now under consideration and upon this have we vindicated that worthy Author from vvhat this perverter of all things hath said But here he mixeth these and confoundeth them that according to his vvay he may pervert the truth 3. There is a difference betvvixt simple acts of male-administration in lesser matters and betvvixt such acts of male-administration as pervert the ends of government 4. There is a difference betwixt palpable cleare and undenyable miscarriages and betvvixt such as are not so cleare nor unquestionable 5. There is a difference to be made betvvixt ordinary standing cases and an extraordinary emergent in an extraordinary case vvhile the disease is desperate a desperat-like and extraordinary remedy may be used without overturning the ordinary way which is to be used in ordinary cases These things will help us to nnravel his confused discourse And so we Answere 1. If Parliament-members or privat persons among the People shed innocent blood it is no difficulty to know who should judge them 2. If a Parliament as the Peoples Representatives Murder the innocent I see not why they may not be called to an account by a posterior Parliament as
under no rational feare from the povvers novv in being for his advocating their cause seing he hath been so richly revvarded for the same as is sufficiently knovvne And therefore his Survey deserveth much more to be tearmed Libellus Famosus seing notwithstanding of the warrand Yea reward of the Magistrates he dar not owne it by prefixing his name to it Nor dar the very printer prefix his name Next the nature of Naphtali's discourse is but an historical deduction of the troubles the Church of Scotland in her reformation hath met with at the hands of a popish prelatical and Malignant faction with a necessary vindication of the truth which is allovved to all historians that thereby truth may be the more cleared and the Readers more edifyed by the history And who ever heard such a faire and cleare deduction of Matters of Fact together with a few reasons here and there cast in for the Readers further ●atisfaction called an Infamous lybel till this impudent ignoramus arose And as for his pamphlet do not all see who consider either its scope or its method or the vvhole straine of the discourse that it can be tearmed nothing else then a most impudent insolent and infamous libel being not only larded with bitter invectives against the Cause and People of God and railing speaches more suteable if suteable for any rational creature for open scolds and brawling wives then for a man unlesse he except such a man as hath by perjury and more then feminine levity declared himself by his owne grant to be one of a debauched conscience but also tending most falsly to father on the honest people of God such things as never came into their mindes Whereby this railing Rabshakeh proveth himself to all sober judicious persons to be an impudent lying calumniator and his pamphlet a more then ordinarily insolent base lying and infamous libel 3. He tels us that in his Survey several things falling in debate in these times are considered But by vvhat vve have said vve have seen that such things as he hath in the preceeding chapters considered for the most part are either such things as should be put beyond debate by all who have not renunced Humanity Reason Religion or such things concerning which himself hath needlesly and foolishly as it may be his rewarders will finde moved the debate unlesse he bring some other things above board in the next part or parts then we see in this 4. Moreover he tells us that here some doctrines in Lex Rex Apol. Narration he should have said relation are brought to the touch stone But if in what he hath furder to say he mention not some other doctrines then what we see in 〈…〉 every rational Man vvill see that he hath rather brought some drops then doctrines of these books to any touch stone yea even to the touch stone of his owne unsolid and buttery fancy for his Reason hath no pallat to taste truth aright 5. In this 1. part he tels us that He Represents the dreadful aspect of Naphtali's principles upon the powers Ordained of God and detects the horrid consequences in practice necessarily resulting from such principles But more truely the dreadful state of his owne distempered braine both in his judgment misunderstanding what Naphtaly sayes and in his ratiocinative faculty giving us nothing but non-sequitur's for clear consequences And the manifestly dreadful aspect which his owne principles have on all Commonwealthes and on all Rational and Religious persons together with the affected stile of a base ignorant gnatho Time serving parasite Royally rewarded court flatterer who having a latitudinarian's conscience or rather a conscience utterly I wish not irrecoverably debauched maketh no conscience what he sayeth if he can please King and Court And how pernicious such Sycophants have been to Kings in all ages histories sufficiently declare 6. Then he praefixeth Iob 13 ver 7 9 11. will you speak wickedly for God c. A passage which most fitly quadrats with him unlesse he say he intendeth not to plead for God but for a creature yea and upon the matter for the devil who as Job's Friends conspired against Iob and maintained a wrong thesis erred no lesse in the hypothesis or in the application to Iob so he conspireth with other Royalists to defend erroneous and long-since decarded theses and maketh as evil applications to our present case as hath been shewed His discourse sheweth to all that he is an accepter of persons not secretly indeed but openly and so this forger of lies speaks wickedly for the King who is very like all his God But we are confident God shall search him out and reprove him Then he prefixeth Psal 144 ver 10. It is he that giveth Salvation unto Kings who delivereth David his Servant from the hurtful sword A noble truth which all Kings would look to and if they expected any good of this good word would ●ay out themselves for this God and this 〈◊〉 and not stand in opposition against him lest they fince that he who is terrible to the Kings of the Earth Psal 76 ver 12. And Made higher then the Kings of the Earth Psal 89 ver 27. Shall not spare but strick thorow Kings in the day of his wrath Ps 110 5. And finde a way to make good that Psal 149 v. 5 9. For the Lord ●aketh pleasure in his people he will beautify the meek with salvation let the saints be joyful in glory let them sing aloud upon their beds let the high praises of God be in their mouth and a two edged sword in their hand to execute vengeance upon the heathen and punishments upon the people To binde their Kings with chaines and their Nobles with fetters of iron To execute upon them the judgment written This honour have all the saints praise ye the Lord. But it is to be observed that by his bringing forth of this place of scripture he vvorld make the vvould beleeve that the party he opposeth is thirsting for the life of the King which is but this false calumniator's fiction we shall make use of the very next words of that same Psal 144. v. 11. say Rid us and deliver us from the hand of strange Children whose mouth speaketh vanity and their right hand is a right hand of falshood And in the last place prefixeth Proverb cap. 24 ver 21 22. My Son feare thou the Lord and the King and meddle not with them that are given to change c. And doth he account himself and his party fearers of God who have so Apostatized and palpably perjured themselves and doth he think that such as feare not God can ever fear the King aright If he do he is mistaken And who are most given to changes They or we let the World judge What was this impudent man's brazen face doing while he wrote downe this passage What was his debauched conscience doing Was there no blushing Was there
tells us That Naphtaly Doth let fall such tenets as smell too rankly of the foul scum of the high flown Anabaptistical and Enthusiastical way while he sayes Pag. 21. c. That meer privat men may now a dayes take their impulses of Zeal as a sufficient call to pull downe all Magistrates from their seats which they abuse to execure judgment upon them and to place themselves in their roomes But of what spirit this man who is of his father the devil who was a lyar from the beginning is vve have seen And this particular will abundantly discover to such as look the place and consider what we have said And no better is the next particular which he citeth out of Pag. 105. Where the author is opposeing that notion of an external call not unto lawful ordination which presupposeth it but unto such a mock ordination whereby such are put into the ministry who have no visible evidence of the call of Jesus Christ as in reason or charity can oblige any to receive such as truely sent Thereafter he draweth the parallel in five particulars The first is this That the Anabaptists laboured to overthrow Magistracy and deny them to have any power in Church matters But can he or dar he say that we do so do we say with them that the office of the Magistrate is not necessary among Christians Do we say that Magistracy is not the ordinance of God Do we say that Kingly government is unlawful as they said abuseing that place 1 Sam. 8 7. Do we say that a Christian may not exerce the office of a Magistrate Do we say that a heathen may not be a Magistrate Do we say that an ungodly Magistrate is no Magistrate Do we presse that place Luk. 22. The Kings of the gentiles c. Any otherwayes then against superiority among Church men With what face then can be draw a parallel here The next is That they studyed to overthrow the ordinance of the ministry declaiming most bitterly against all in that function as Hirelings Thieves Wolves c. But can he say that we cry dovvne a ministery as no ordinance of Christ or as not necessary can he say that we affirme an external call to the ministery needlesse Is it our work to exclude faithful ministers from the esteem of Gods people Hovv can the impudent man alledge this of us Be like because we cry out against him and his fraternity and their reptilia profane wretches of the second-order as no lawful ministers of Chriist being perjured profane apostates never called of God to that functction nor duely and orderly called of Man But in this he and his party come nearer to the Anabaptists then we The. 3. Is that they work division in the Church of God and move people to forsake Church meetings and to follow them in private conventicles But then it seemeth all protestants Who presse Papists to forsake their Masse Assemblies and Masse Priests and rather meet with the Orthodox and that in conventicles are Anabaptists And it seemeth this man would not presse Heathens to leave their publick idol worshipe and serve God in secret conventicles such a publik and peacable Man is he lest he should be accounted an Anabaptist But wee see no connexion betwixt our being Anabaptists and pressing People to forsake Their assemblies and to hear the true and faithful servants of Christ in private who cannot have liberty to preach in publick The 4 is That they were above all men arrogant and proud dispisers of such as were not of their way as being men without God in the world reprobate and wicked denying to them even common civilities But doth not he and his party the most proud and arrogant persones imaginable deal with us all as cursed fanaticks knipperdolians c. What is the 5. When any of theirs were punished for errors fellony or rebellion they cryed them up for martyres and complained tragically that truth and godlinesse was oppressed and that men who would have all things done according to Gods Word were persecuted But might not Heathens and Papists have objected so against the true Christians and protestants who said and did all this when they were persecuted and some of them murthered massacred And were or are all who call account such as die for the Testimony of Jesus martyres persecuted to the death Anabaptists I feare that in so saying he shall be found to befriend the Anabaptist more then we desire to do If he hath no more to say He shall never make it appeare that either Naphtaly or the Apology do approach unto the manners of that odious sect in any particular peculiar to that Sect or wherein that Sect deviateth from truth Then he addeth Pag. 17. When the Spirit that stirreth in these furious writtings especialy in Naphtaly is considered how much confusion may be seen to be portended to Church and State if hearts be infected with the doctrines therein held forth By whom I pray shall these evils be seen to be portended by any thing that is said in these writtings Sure by no rational sober understanding person but only by such who consult the oracle at delphos and minde their belly and worm-eaten carcases more then they consult the oracle God and of sound reason and minde the reall good of either Church or State For there are no doctrines there of any malignant quality but all of them anti-Malignant Solide Plaine Sure and immoveable truthes having a direct tendency unto and necessary influence upon the solide and sure establishing of Church and State upon a firme and lasting basis And therefore if it were right applyed his following wish were good viz. That the Lord would give his people such understanding that they be not ignorant of the wiles of Satan who driveth a deeper designe against this poor Church and Land then the subversion of this or that exteriour forme of Church government For indeed the designe that Satan hath now on foot reacheth furder even to the utter overturneing of all the precious interests of Christ in the Land of destroying not only the outward Libertyes and Privileges of the People which have cost them no small expense of blood to the end they may be made perfect slaves But to the overturning of the whole work of God of banishing the Gospel and of introduceing Atheisme and all sort of profanity and wickednesse that we should no more become the People of the Lord but a visible Kingdome of Satan And all the People Subjects and Slaves to him But we know what his meaning is and therefore he addeth The controversy rests not in matters touching a Bishope or a Presbytery But what thinks he of this controversy He sayes If mens passions or prejudices might permit it might be for the advantage of the gospel well consolidated by their mutual paying of due respects one to another the Episcopal inspection not abrogating but strengthening the due right of presbyters and presbyters not