imposing the Service-book and book of Canons c. the Lord in Mercy remembered His people and surprised them with a sudden unexpected Deliverance by very despicable means even the opposition of a few weak women at the beginning of that Contest which ere it was quashed made the Tyrant tumble headless off his throne The zeal against the English popish Ceremonies obtruded on Edinburgh did first inflame some feminine hearts to witness their detestation of them but afterwards was followed out with more Masculine fervor accosting King Council with Petitions Remonstrances Protestations Testimonies against the Innovations and resolving upon a mutual Conjunction to defend Religion Lives Liberties against all that would innovate or invade them To fortifie which and conciliate the favour both of God man in the Resolution All the Lovers of God and friends to the Liberty of the Nation did solemnly Renew the National Covenant wherein they were signally countenanced of the Lord vvhich though in it self obliging to the Condemnation of Prelatical Hierarchie and clearly enough confirming Presbyterial Government yet they ingaged into it vvith an inlargment to suspend the practice of Novations already introduced and the approbation of the Corruptions of the present Government vvith the late places povver of Church men till they be tried in a free General Assembly Which vvas obtaineâ— that same year and indicted at Glasgow and there not vvith standing all the opposition that the Kings Commissioner could make by Protestations Proclamations to dissolve it the six preceeding Assemblies establishing Prelacy vvere annulled The Service-Book and high Commission vvere condemned All the Bishops vvere deposed and their Government declared to be abjured in that National Covenant though many had through the Commissioners persvvasions subscribed it in another sense vvithout that application As also the five Articles of Perth vvere there discovered to have been inconsistent vvith that Covenant Confession and the Civil places povver of Church men vvere disproved rejected on the other hand Presbyterial Government vvas Justified Approved and an Act vvas passed for their keeping yearly General Assemblies This was a bold begining into which they were animated with more than humane resolution against more than humane opposition Hell as well as the powers of the earth being set against them But when the Lord gave the Call they considered not their oun deadness nor were daunted with Discouragments nor staggered at the promise through unbelief but gave Glory to God out braving all difficulties Which in the following year were much increased by the Prelats and their Popish Partakers rendevouzing their forces under the Kings Personal Standart and menacing nothing but misery to the zealous Covenanters yet when they found them prepared to resist were forced to yeeld to a Pacification concluding that an Assembly Parliament should be held for healing all grievances of Church and State. In which Assembly at Edinburgh the Covenant is ratified subscribed by the Earle of Traquair Commissioner and enjoined to be subscribed by the body of the whole Land with an explication expressly condemning the five Articles of Perth the Government of Bishops the Civil places power of Church men But the sons of Belial cannot be taken with hands nor bound with bonds of faith humanity or honour For in the year following King Prelats with their Popish Abettors go to arms again but were fain to accommodate the matter by a new Pacification whereby all Civil Religious Liberties were ratified And in the folowing year 1641 by Lawes Oaths Promises subscriptions of King Parliament fully confirmed The King Charles the I. being present and consenting to all though in the mean time he was treacherously encouraging the Irish murderers who by his Authority made a Massacre of many thousand Innocent Protestants in Ireland But in Scotland things vvent vvell the Kingdom of our Lord Jesus vvas greatly advanced the Gospel flourished and the Glory of the Lord did shine upon us vvith such a splendor that it avvaked England and animated the Lords People there then groaning under those Grievances from vvhich Scotland vvas delivered to aspire to the like Reformation For advice in vvhich because though all aggreed to cast off the yoke of Prelacy yet sundry forms of Church Government vvere projected to be set up in the room thereof chiefly the Independent order determining all Acts of Church Government as Election ordination and deposition of officers vvith Admission Excommunication Absolution of members to be done decided by the voices of every Particular Congregation vvithout any Authoritative Concurrence or interposition of any other condemning all imperative decisive povver of Classes c. as a meer usurpation Therefore the Brethren in England vvrote to the Assembly then fitting at Edinburgh vvho gave them ansvver That they vvere grieved that any of the Godly should be found not aggreeing vvith other Reformed Churches in point of Government as well as Doctrine and that it was to be feared where the edge of Discipline Government is different the Doctrine Worship shall not long continue the same without change That the Government of the Church by Compound Presbytries Synods is a help strength and not a hinderance to particular Congregations Elderships in all the parts of Government and are not an extrinsecal Power set over Particular Churches but the intrinsecal power where with Christ hath invested His Officers who may not exercise it Independently but with subordination unto Presbytries c. Which as they are Representative of particular Churches conjoined together in one under their Government so their determination when they proceed orderly whether in Causes common to all or brought before them by reference in case of aberration is to the several Congregations Authoritative not Consultatory only And this subordination is not only warranted by the light of nature but grounded upon the Word of God and conforme to the Pattern of the Primitive Apostolick Church for the Preservation of verity unity against Schisme Heresie Tyrannie which is the fruit of this Government where soever it hath place So from henceforth the Assembly did incessantly urge uniformity in Reformation with their Brethren in England as the chiefest of their Desires Prayers Cares And in the year 1643. prevailed so far that the English Parliament did first desire that the two Nations might be strictly united for their mutual defence against the Papists Prelatical faction and their Adherents in both Kingdoms and not to lay down Armes till these implacable Enemies should be brought in subjection and did instantly urge for the help assistance from Scotland Which being sent did return with an Olive branch of Peace and not without some beginings of a Reformation in England And afterwards a bloody War begining between the King Parliament with great success on the Kings side whence the Papists at the time got great advantage witness the cessation of Armes concluded in Ireland
then they are no more to oune him as their Soveraign But the former is proved that a Covenanted Prince breaking all the conditions of his compact doth forfeit his right to the Subjects Allegiance Ergo And Consequently when Charles the Second expressly bound by Covenant to defend promote the Convenanted Reformation Liberties of the Kingdom to whom only we were bound in the terms of his defending promoting the same did violently villainously violate vilify these conditions we were no more bound to them Somewhat possibly may be Objected here 1. If this be the sense of the Covenant then it would seem that we were not bound to oune the King but only when while he were actually promoving carrying on the ends of the Covenant Ans. It does not follow but that we are obliged to preserve his Person Authority in these necessary intervalls when he is called to see to himself as a man for we must preserve him as a mean because of his aptitude designation for such an End albeit not alwayes formally prosecuting it we do not say that we are never to oune him but when actually exercised in prosecuting these ends but we say we are never to oune him when he is Tyrannically Treacherously abusing his Authority for destroying overturning these ends and violating all the conditions of his compact It may be Obj. 2. Saul was a Tyrant and a breaker of his Royal Covenant and persecuter of the Godly and Murderer of the Priests of the Lord usurper upon the Priests Office and many other wayes guilty of breaking all conditions And yet David and all Israel ouned him as the Anointed of the Lord. Ans. 1. Saul was indeed a Tyrant rejected of God and to be ejected out of his Kingdom in His oun time way which David a Prophet knowing would not anticipate But he was far short and a meer Bungler in acts of Tyranny in comparison of our Grassators he broke his Royal Covenant in very gross particular acts but did not cass rescind the whole of it did not burn it did not make it Criminal to oune its obligation nor did he so much as profess a breach of it nor arrogate an Absolute prerogative nor attempt arbitrary Government nor to evert the fundamental Laws and overturn the Religion of Israel bring in Idolatry as Ours have done He was a Persecuter of David upon some private quarrels not of all the Godly upon the account of their Covenanted Religion He Murdered 85 Priests of the Lord in a transport of fury because of their kindness to David but he did not make Laws adjudging all the Ministers of the Lord to death who should be found most faithful in their duty to God His Church as Ours have done against all Field Preachers He Usurped upon the Priests Office in one elicit act of Sacrificing but he did not usurp a Supremacy over them and annex it as an inherent right of his Crown 2. He was indeed such a Tyrant as deserved to have been dethroned brought to condign punishment upon the same accounts that Amaziah Uzziah were deposed for afterwards And in this the people failed in their duty and for it they were plagued remarkably shall their Omission be an Argument to us 3. As the question was never put to the people whether they ouned his Authority as Lawful or not So we do not read either of their Universal ouning him or their positive disouning him However That 's no good Argument which is drawen a non facto ad faciendum because they did it not therefore it must not be done 4. They ouned him but how as the Minister of God not to be resisted or revolted from under pain of damnation as all Lawful Magistrats ought to be ouned Rom. 13. 2 4. This I deny for David his six hundred men resisted him resolutely And though the body of the Nation did long Lazily lye couch as Asses under his burden yet at length weary of his Tyranny many revolted from under him and adjoined themselves to David at Ziklag while he kept himself close because of Saul the Son of Kish 1 Chron. 12. 1. who are commended by the Spirit of God for their valour vers 2. c. and many out of Manasseh fell to him when he came with the Philistims against Saul to battel vers 19. This was a practical disouning of the Tyrant before the Lord deposed him 5. David did indeed pay him his Character some deference as having been the Anointed of the Lord yet perhaps his honouring him with that title the Lords anointed 1 Sam. 24. 1 Sam. 26. and calling him so often his Lord the King cannot be altogether Justified no more than his using that same language to Achish King of Gath. 1 Sam. 29. 8. I shew before how titles might be allowed but this so circumstantiate does not seem so consistent with his imprecatory prayer for the Lords avenging him on him 1 Sam. 24. 12. and many other imprecations against him in his Psalms in some of which he calls the same man whom here he stiles the Lords anointed a Dog as Saul his Complices are called Psal. 95. 6 14. and the evil violent wicked man Psal 140. 1 4. and the vilest of men Psal. 12. ult However it be there can be no Argument from hence to oune the Authority of Tyrants Usurpers 6. Though this Necessary conditional compact which must alwayes be in the constitution of Lawfuâ— Rulers be not alwayes express explicite so that a written Authentick Copy of it cannot be always produced yet it is alwise to be understood implicitely at least transacted in the Rulers admission to the Government wherein the Law of God must regulate both parties and when he is made Ruler it must natively be understood that it is upon terms to be a Father feeder Protector and not a Tyrant Murderer Destroyer All Princes are so far pactional that they are obliged by the high absolute Soveraign from whom they derive their Authority to reign for the Peace profit of the people this is fixed unalterably by the Laws of the Supreme Legislator and solemnly engaged unto at the Coronation and whosoever declines or destroyes this fundamental condition he degrades deposes himself It is also not only the Universal practice but necessary for the Constitution Conservation of all Common-wealths to have fundamental Laws Provisions about Government both for the upholding transmitting transfering it as occasion calls and preventing punishing violations thereof that there be no invasion or intrusion upon the Government and if there be any entrance upon it not according to the Constitution that it be illegitimated and the Nations Liberties always secured This doeth infer regulate a conditional compact with all that are advanced to the Government albeit it should not be expressed For it is undenyable that in the erection of all Governours the
further threatens that they should be removed into all Kingdoms of the earth because of Manasseh for that which he did in Ierusalem Ier. 15. 4. Certainly these passages were recorded for our Learning Rom. 15. 4. and for our examples to the intent we should not do as they did 1 Cor. 10. 6. and for our admonition vers 11. Whence we may be admonished that it is not enough to keep our selves free of publick sins of Rulers Many of those then punished were free of all actual accession to them but they became accessory to and involved in the guilt of them when they did not endeavour to hinder them and bring them to condign punishment for them according to the Law of God which respecteth not persons or at least because they did not revolt from them as Libnah did There might be other provocations on the peoples part no doubt which the Lord did also punish by these Judgments â—ut when the Lord specifies the sin of Rulers as the particular procuring Cause of the Judgment it were presumption to make it the Occasion only of the Lords punishing them for plain it is if these sins of Rulers had not been committed which was the ground of the threatening execution the Judgment would have been prevented And if people had bestirred themselves as became them in repressing restraining such wickedness they had not so smarted And when that sin so threatened punished was removed then the Judgment it self was removed or deferred It is just necessary that the subjects being Jointly included with their Rulers in the same bond of fidelity to God be lyable to be punished for their Rebellion Apostasie when they continue under the bond of subjection to them But how deplorable were our Condition if we shold stand obnoxions to divine Judgments for the Atheisme Idolatry Murders Adulteries of our Rulers and yet be neither Authorized nor Capacitated to hinder it nor permitted to withdraw our selves from subjection to them But it is not so for the Lords making us responsable for their debt is an impowering us either to repress their wickedness when He gives us Capacity or at least to save our selves harmless from their Crimes by disouning them that being the only way of standing no longer accountable for their faults 12. It remains to Consider the Ends for which Government was institute by God and constitute by men from whence I Argue That Government that destroyes the Ends of Government is not to be ouned But Tyranny and especially this under which we houl destroyes all the Ends of Government Ergo it is not to be ouned The Minor I prove thus That Government that destroyes Religion Safety destroyes all the Ends of Government But this Popish arbitrary Absolute power destroyes Religion Safety Ergo It is evident both from the Laws of Nature Revelation that the Ends of Government are the Glory of God the good of Mankind The first is the Glory of God the ultimate end of all Ordinances to which whatever is opposite is not to be ouned by them that fear Him whatever power then is destructive to Religion and is applyed imployed against the Glory of the Uuniversal King and for withdrawing us from our fealtie obedience to Him is nothing but Rebellion against the Supreme Lord Lawgiver and a Traiterous Conspiracy against the Almighty and therefore not to be ouned And they are enemies to Religion or strangers to it who are not sensible this hath been the design of the present Government at least these 27 years to overturn the Reformed Covenanted Religion and to introduce Popery Hence seeing a King at his best highest elevation is only a mean for preserving Religion and for this end only chosen of the people to be Custos utriusque tabulae keeper of both Tables of the Law he is not to be regarded but wholly laid aside when he not only moves without his sphere but his motion infers the ruine of the ends of his erection and when he imployes all his power for the destruction of the Cause of Christ and advancement of Antichrists giving his power to the beast he is so far from deserving the deference of the power ordained of God that he is to be looked upon treated as a Traitor to God and Stated enemy to Religion all Righteousness The Second End of Government is the good of the people which is the Supreme Cardinal Law Salus Populi est Suprema Lex Which cannot be denied if it be considered 1. For this only the Magistrate is appointed of God to be His Minister for the peoples good Rom. 13. 4. and they have no goodness but as they conduce to this end for all the power they have of God is with this Proviso to promote His peoples prosperity It were blasphemy to say they are His Authorized Ministers for their destruction to which if their Conduct degenerate they degrade themselves and so must be disouned He is therefore in his institution no more than a mean for this end and himself cannot be either the whole or half of the end for then he should be both the end the mean of Government and it is contrary to Gods mould to have this for his end to multiply to himself silver gold or lift up himself above his brethren Deut. 17. 17 20. if therefore he hath any other end than the good of the people he cannot be ouned as one of Gods moulding 2. This only is the highest pitch of good Princes ambition to postpone their oun safety to the peoples safety Moses desired rather than the people should be destroyed that his name should be razed out of the Book of life And David would rather the Lords hand be on him his fathers house than on the people that they should be plagued 1 Chron. 21. 17. but he that would seek his oun ambitious ends with the destruction of the people hath the spirit of the Devil and is to be carried towards as one possessed with that malignant spirit 3. Originally their power is from the people from whom all their dignity is derived with reserve of their safety which is not the donative of Kings nor held by concession from them nor can it be resigned or surrendered to the disposal of Kings since God hath provided in His universal Laws that no Authority make any disposal but for the good of the people This cannot be forfeited by the usurpation of Monarchs but being alwise fixed in the essential Laws of Government they may reclaim recover it when they please Since then we cannot alienate our safety we cannot oune that Authority which is inconsistent with it 4. The attaining this end was the main ground motive of peoples deliberating to constitute a Goverment and to choose such a forme because they thought it most conducible for their good and to admit such persons as fittest Instruments for compassing this end and to establish such
Serpent Dragon Isai. 27. 1. and have great affinity in name Nature with the Apocalyptick Dragon So also Isai. 51. 9. the Egyptian Tyrant is called Dragon And Nebuchadnezzar swallowed up the Church like a Dragon Ier. 51 34. See also Ezek. 29. 3. 6. They are wolves ravening the prey Ezek. 22. 27. evening wolves that gnaw not the bones till the morrow Zeph. 3. 3. 7. They are Leopards So the Grecian Tyrants is called Dan. 7. 6. and Antichrist Revel 13. 2. 8. They are foxes So Christ calls Herod Luk. 13. 32. 9. They are Devils who cast the Lords people into Prison Revel 2. 10 13. Now can we oune all these abommable Creatures to be Magistrates Can these be the fathers we are bound to honour in the fifth Commandment They must be esteemed sons of dogs Devils that belive so and oune themselves sones of such fathers If we further take notice how the Spirit of God describes Tyranny as altogether Contradistinct opposite unto the Magistracy He will have ouned we may infer hence Tyrants Usurpers are not to be ouned What the Government instituted by God among His people was the Scripture doth both relate in matter of â—act and describes what it ought to be de jure viz. That according to the Institution of God magistrates should be established by the Constitution of the people who were to make them Iudges Officers in all their gates that they might Iudge the people with just Iudgment Deut. 16. 18. But foreseeing that people would affect a change of that first forme of Government and in imitation of their neighbouring Nations would desire a King and say I will set a King over me like all the Nations that are about me Deut. 17. 14. The Lord intending high holy ends by it chiefly the procreation of the Messias from a Kingly race did permit the change and gave directions how he should be moulded bounded that was to be ouned as the Magistrate under a Monarchial forme To wit that he should be chosen of God and set up by their suffrages that he should be a brother and not a stranger that he should not multiply horses nor wives nor money which are Cautions all calculated for the peoples good and the security of their Religion Liberty and for precluding preventing his degeneration into Tyranny and that he should write a Copy of the Law in a book according to which he should Govern vers 15. ad â—in cap. yet the Lord did not approve the change of the form which that luxuriant people was long affecting and at length obtained For long before Saul was made King they profered an Hereditary Monarchy to Gideon without the boundaries Gods Law required Which that brave Captain knowing how derogatory it was to the Authority of Gods Institution not to be altered in form or frame without His order generously refused faying I will not rule over yow neither shall my son rule over yow the Lord shall rule over yow Iud. 8. 23. But his bastard the first Monarch Tyrant of Israel Abimelech by sinstrous means being advanced to be King by the traiterous Schechemites Iotham and other of the Godly disouned him which by the Spirit of God Iotham describes Parabolically significantly hoâ—ding out the Nature of that Tyrannical usurpation under the Apologue of the trees itching after a King and the offer being repudiate by the more generous sort embraced by the bramble Signifying that men of worth virtue would never have taken upon them such an arrogant Domination and that such a Tyrannicall Government in its Nature tendency was nothing but an useless worthless sapless aspiring scratching vexing shadow of a Government under subjection to which there could be no peace nor safety But this was rather a Tumultuary interruption than a Change of the Government not being universally either desired or ouned therefore after that the Lord restored the pristine form Which continued until being much perverted by Samuels sons the people unanimously peremptorly desired the change thereof and whether it were reason or not would have a King as we were fondly set upon one after we had been delivered from his fathers yoke And the Lord gave them a King with a Curse and tooke him away with a vengeance Hos. 13. 11. as He did our Charles the Second Yet He permited it but with a Protestation against and conviction of the sin that thereby they had rejected the Lord 1 Sam. 8. 7. and with a demonstration from Heaven which extorted their oun confession that they bad added unto all their sins this evil to ask a King 1 Sam. 12. 17 18 19. And to deter disswad from such a Conclusion He appoints the Prophet to shew them the manner of the King that should reign over them 1 Sam. 8. 9. to declare before hand what sort of a Ruler he woud prove when they got him to wit a meer Tyrant who would take their sons and appoint them for himself for his Chariots and for horsemen and to run before his Chariots and make them his sowldiers and labourers of the ground and Instrument-makers and houshold servants and he would take their fields vineyards the best of them and give unto his servants in a word to make all slaves and that in the end when this should come to pass they should cry out because of their King but the Lord would not hear them vers 11-18 All which as it is palpable in it self so we have sensibly felt in our experience to be the Natural description of Tyranny but more tollerable than an account of ours would amount to It is both foolishly falsely alledged by Royalists or Tyrannists that here is a grant of incontroulable absoluteness to Kings to Tyrannise over the people without resistence And that this manner of the King is in the Original Mishphat which signifies right or Law So that here was a permissive Law given to Kings to Tyrannise and to oblige people to passive obedience without any remedy but tears And therefore it was registered laid up before the Lord in a book 1 Sam 10. 25. But I answer 1. If any thing be here granted to Kings it is either by Gods Approbation directing instructing how they should govern or it is only by permission providential Commission to them to be a plague to the people for their sin of choosing them to make them drink as they have brewed as sometimes He gave a Charge to the Assyrian rod to trample them doun as the mire of the streets If the first be said Then a King that does not govern after that manner and so does not make people cry out for their oppression would came short of his duty and all behoved to Tyrannize and make the people cry out then a King may take what He will from his subjects and be approved of God this were blasphemously absurd for God cannot approve of the sin of oppression If the Second
but our Ministers that ventured their lives in preaching in the fields have had a certain seal to their Ministry is sealed sensibly in the conviction of many confession of moe That Christs Ministers Witnesses employed about the Great Gospel Message cloathed with His Authority under the obligation of His Commands lying upon them must preach the people must hear them not withstanding of all Laws to the contrary Divines grant that the Magistrate can no more suspend from the exercise than he can depose from the Office of the Ministry for the one is a degree unto the other See Apollon de jure Majest circa Sacra Part. 1. Pag. 334. c. Rutherf Due right of Presb. Pag. 430. c. For whether it be right in the sight of God to hearken unto men more than unto God the Consciences of the greatest enemies may be appealed unto Act. 4. 19. They must not cease wherever they have a Call Occasion to Teach Preach Iesus Christ Act. 5. ult Necessity is laid upon them yea wo unto them if they Preach not the Gospel 1 Cor. 9. 16. In all things they must approve themselves as the Ministers of God in much patience in afflictions in necessities c. by honour dishonour by evil report good report as deceivers and yet true as unknown yet well known 2 Cor. 6. 4 8 9. They must preach the Word be instant in season out of season reprove rebuke exhort with all long suffering doctrine 2 Tim. 4. 2. Dare any say then that a Magistrats or Tyrants Laws can exauctorate a Minister or silence him by his oun proper elicite acts as King or Tyrant or formally immediately Will Mischiefs framed into a Law warrant such iniquity or an act of a King of Clay rescind the Mandats of the King of Kings or exempt people from obedience due thereunto Or will the Bishops Canons who have no power from Christ or the Censures of them that stand condemned themselves by the Constitutions of the Church Acts of the General Assemblies have any weight in the case And yet these are all that can be alledged except odious invidious Calumnies the ordinary Lot of the most faithful against the present preachers in the fields which are sufficiently confuted in their late Informatory Vindication and need not here be touched Seeing therefore they have given up themselves unto Christ as His servants they must resolve to be employed for Him to the outmost of their power and must not think of laying up their Talent in a Napkin especially now when there is so great necessity when Defection is yet growing covered countenanced more more Division nothing abated but new oyl cast daylie into the flames of devouring Contentions the people generally drouned in the deluge of the times snares sins and like to be over whelmed in the inundation of black Poperie now coming in at the opened sluce of this wicked Toleration with the Congratulations of Addressing Ministers when now the Harvest is great and the Labourers are few Great then is the necessity and double must the woe be that abideth such Ministers as are silent at such a time And great inexcusable is the sin of the people if they do not come out and countenance faithful Ministers the Messengers of the Lord of hosts from whom they should seek the Law Mal. 2. 7. especially when there are so many that have palpably betrayed their Trust and so few that are faithful in the necessary Testimony of the day Seeing then faithful Ministers must preach people must hear where can they meet with conveniency safety freedom except either under the shelter of this wicked Toleration which they dare not do or else go to the fields 5. It must be obtained also that the Ministers have a right to Preach in this unfixed manner whereever they have a Call their relation now in this disturbed state of the Church being to be considered more extensively than in its settled condition For understanding which we must distinguish a three or four-fold relation that a Minister of the Gospel stands into First He is a Minister of Christ and Steward of the Mysteries of God 1 Cor. 4. 1. having his Commission from Christ as his Master And this relation he hath universally wherever he is Secondly he is a Minister of the Catholick Church though not a Catholick Minister of it which is his primary relation for that is the Church in which Ministers are set 1 Cor. 12. 28. and to which they are given Eph. 4. 11 12. Thirdly He is a Minister of the particular Church whereof he is a Member and so in Scotland a Minister is a Minister of the Church of Scotland and is obliged to lay out himself for the good of that Church Fourthly he is a Minister of the particular Congregation whereunto he hath a fixed relation in a constitute case of the Church This last is not essential to a Minister of Christ but is subservient to the former relations but when separated from such a relation or when it is impossible to be held he is still a Minister of Christ and His Call to preach the Gospel stands binds See M r Durhams Degression on this particular on Revel chap. 2. pag. 89. c. in quarto For thô he be not a Catholick Officer having an equal relation to all Churches as the Apostles were Nevertheless he may exerce Ministerial Acts Authoritatively upon occasions warrantably calling for the same in other Churches as Heraulds of one King having Authority to charge in His Name wherever it be especially in a broken state of the Church when all the restriction his Ministerial relation is capable of is only a tye call to officiate in the service of that Church whereof he is a Member and so he hath right to preach every where as he is called for the edification of that Church The reasons are 1. He hath power from Christ the Master of the whole Church and therefore wherever the Masters Authority is acknowledged the Servants Ministerial Authority cannot be denied at least in relation to that Church whereof he is a Member as well as a Minister 2. He hath Commission from Christ principally for the edification of Christs body as far as his Ministrie can reach according to the Second relation 3. His relation to the whole Church is principal that which is fixed to a part is only subordinate because it is a part of the whole 4. His Commission is indefinite to preach the Gospel which will sâ—it as well in one place as in another 5. The same great ends of the Churches greater good edification which warrands fixing of a Minister to a particular charge in the Churches peaceable state will warrand his officiating more largely in her disturbed state 6. Else it would follow that a faithful Minister standing in that relation to a disturbed destroyed Church and all his
not Gods Ordinance and there is no hazard of damnation for refusing to obey their unjust commands but rather the hazard of that is in walking willingly after the Commandment when the Statutes of Omri are kept So that what is objected from Eccles. 8. 2-4 I counsell thee to keep the Kings Commandment c. is answered on Head. 2. And is to be unsterstood only of the Lawful commands of Lawful Kings 2. Rebellion is a damnable sin except where the word is taken in a laxe sense as Israel is said to have Rebelled against Rehoboam and Hezekias against Sennacherib which was a good Rebellion and clear duty being taken there for Resistence Revolt In that sense indeed some of our Risings in Armes might be called Rebellions for it is Lawful to Rebel against Tyrants But because the word is usually taken in an evil sense therefore would have been offensive to acknowledge that before the Inquisitors except it had been explained But Rebellion against Lawful Magistrats is a damnable sin exemplarly punished in Korah and his Companâ— who rebelled against Moses and in Shebah and Absalom who rebelled against David for to punish the Just is not good nor to strike Princes for equity Prov. 17. 26. And they that resist shall receive to themselves damnation Rom. 13. 2. So that this Objection brought from this place as if the Apostle were commanding there subjection without Resistence to Nero and such Tyrants as it is very impertinent It is fully answered above Head. 2. Here it will be sufficient to reply 1. He is hereby vindicating Christianity from that reproach of casting off or refusing subjection to all Magistrats as if Christian Liberty had destroyed that Relation or that they were not to be subject to Heathen Magistrats Whereupon he binds this duty of subjection to Magistrats for conscience sake in general And it is very considerable what Buchanan sayes in his book de jure regni that Paul did not write to the Kings themselves because they were not Christians and therefore the more might be born with from them tho they should not understand the duty of Magistrats But imagine that there had been some Christian King who had turned Tyrant and Apostate to the Scandal of Religion what would he have written then Sure if he had been like himself he would have denyed that he should be ouned for a King and would have interdicted all Christians Communion with him and that they should account him no King but such as they were to have no fellowship with according to the Law of the Gospel 2. He speaks of Lawful Rulers here not Tyrants but of all such as are defined qualified here being powers ordained of God terrours to evil works Ministers of God for good Yea but says Prelats and their Malignant Adherents these are only Motives of subjection to all powers not qualifications of the powers I answer they are indeed Motives but such as can be extended to none but to these powers that are so qualified 3. He speaks of Lawful powers indefinitely in the plural number not specifying any Kind or degree of them as if only Kings Emperours were here meant It cannot be proven that the power of the sword is only in them Neither was there a plurality of Kings or Emperours at Rome to be subject to if he meant the Roman Emperour he would have designed him in the singular number All the reasons of the Text aggree to inferiour Judges also for they are Ordained of God they are called Rulers in Scripture and Gods Ministers revengers by Office who judge not for man but for the Lord And inferiour Magistrats also are not to be resisted when doing their duty 1 Pet. 2. 13. yet all will grant when they go beyond their bounds and turns litle Tyrants they may be with-stood 4. He does not speak of Nero concerning whom it cannot be proven that at this time he had the Soveraign power as the learned Mr Prin shewes Or if he had that he was a Tyrant at this time and if he meant him at all it was only as he was obliged to be de jure not as he was de facto All men know and none condemns the fact of the Senate that resisted Nero at length without transgressing this precept Yea I should rather think the Senate is the power that the Apostle applies this Text to if he applied it to any in particular 5. The subjection here required is the same with the honour in the fifth Command whereof this is an exposition and is opposite to the Contraordinatness here condemned Now subjection takes in all the duties we owe to Magistrates and Resistence all the contraries forbidden but unlimited obedience is not here required so neither unlimited subjection 3. We may allow Passive subjection in some cases even to Tyrants when the Lord layes on that yoke and in effect sayes He will have us to lie under it a while as He Commanded the Jewes to be subject to Nebuchadnezzar of which passage adduced to prove subjection to Tyrants Universally Buchanan ubi supra infers that if all Tyrants be to be subjected to because God by His Prephet Commanded His people to be subject to one Tyrant Then it must be likewise concluded that all Tyrants ought to be killed because Ahabs house was Commanded to be destroyed by Iehu But passive subjection when people are not in capacity to resist is necessary I do not say Passive obedience which is a meer Chimaera invented in the brains of such Sycophants as would make the world slaves to Tyrants Whosoever suffereth if he can shun it is an enemy to his oun being for every natural thing must strive to preserve it self against what annoyeth it and also he sins against the order of God Who in vain hath ordained so many Lawful means for preservation of our being if we must suffer it to be destroyed having power to help it 4. We abhor all war of subjects professedly declared against a Lawful King as such all war against Lawful Authority founded upon or designed for maintaining Principles inconsistent with Government or against Policy Piety Yea all war without Authority Yes when all Authority of Magistrates supreme subordinate is perverted and abused contrary to the ends thereof to the oppressing of the people and overturning of their Laws Liberties people must not suspend their Resistence upon the Concurrence of men of Authority and forbear the Duty in case of necessity because they have noâ— the peers or Primores to lead them for if the ground be Lawful the call clear the necessity cogent the capacity probable they that have the Law of Nature the Law of God and the fundamental Laws of the Land on their side cannot want Authority though they may want Parâ—iaments to espouse their quarrel This is cleared above Head. 2. Yet here I shall adde 1. The people have this priviledge of nature to defend themselves and their Rights Liberties as well as
every soul be subject unto the higher Powers whosoever therefore resisteth the Power resisteth the Ordinance of God as Resistence by Prayer is with that 1 Tim. 2. 1 2. I exhort that Supplications be made for Kings and for all that are in Authority If the Prince be good the one as is unlawful as the other and a sinful resistence of the Ordinance of God to pray against him no less than the other to fight against him Therefore when he becomes a Tyrant destroyer of the Lords Inheritance and an Apostate as I may not pray for him except conditionally but against him as an Enemy of Christ so I may also fight against him as such 2. As Adversaries themselves will grant that Resistence by Prayers tears is more powerful effectual than the other So the Laws of the Land make the one treasonable as well as the other and that deservedly when the Prince is doing his duty but when he turneth Tyrant neither can justly be condemned These things being premitted I shall come shortly to the purpose and endeavour to prove this Truth That it is a necessary duty for a Community whether they have the Concurrence of the Primores Nobles Representatives or not to endeavour in the defence of their Religion Lives Laws Liberties to Resist Repress the Usurpation Tyranny of prevailing Dominators using or abusing their Power for subverting Religion invading the Liberties and overturning the foundamental Laws of their Country Wherein I shall be but short because this Truth is sufficiently confirmed by all the Arguments of the Second Head. Yet I may only hint at many other And prosecute them in this Order First I shall produce some Arguments from the Law of Nature Nations Secondly from the Common practice of all Christian people Thirdly from express Scriptures I. The Arguments of the first Class are very multifarious I shall reduce them to a few as Compendiously as may be and only give the strength of them in a Syllogistical forme without expatiating save where the matters requires 1. The greatest Antagonists of this Truth through the clearness thereof are forced to assert grant such particulars as will by Consequence justify this plea. 1. Barclay contra Monarchum is cited by the Apol. Relat. and Ius Populi asserting that if a King will alienate subject his Kingdom without his Subjects consent or be carried with a hostile mind to the destruction of his people his Kingdom is actually lost and the people may not only Lawfully resist but also depose him Grotius de jure belli lib. 1. cap. 4. asserts the same and adds if he but attempt to do so he may be resisted The Surveyer of Napâ—tali grants the same pag. 23 24. Yea this hath been granted in open Court by the Council of Scotland that in case of the Kings alienating his Kingdoms he may be Resisted Hence 1 If vendition or alienation of Kingdoms or attempts of it do annull a Kings Authority Then an alienation of them from Christ to whom they are devoted by Covenant and selling them to Antichrist as is attempted by this King gives the people a right to Resist him But the former is here conceded Ergo 2 We need say no more to apply the other that carrying a hostile mind to the destruction of the people does forfeit his Kingdom and gives the people right to Resist than that a Papist is alwise known to carry a hostile mind to the destruction of Protestants and all the designs declared these 27 years have been demonstrative efforts of it 2. Dr Ferne acknowledgeth that personal defence is Lawful against the sudden illegal inevitable assaults of the Kings Messengers or of himself in so far as to ward off his blowes or hold his hands As also he alloweth private persons Libertie to deny subsidies tribute to the Prince when he imployeth it to the destruction of the Commonwealth Hence 1 If one man may defend himself against the sudden illegal inevitable assaults of the King or his Messengers Then may many men in defence of their Lives Liberties defend themselves against the surprising Massacres the sudden assaults and much more the devised deliberate assaults of a Tyrants bloody Emissaries which are illegal inevitable as all their furious bloody on-sets have been But the former is here acknowledged Ergo 2 If people may deny subsidies to a King when he employeth it to the destruction of the Commonwealth Then as this justifies the denyal of the Cess imposed for destruction of the Church banishing of the Gospel So this gives them right to Resist him for if he be the power ordained of God not to be resisted then for this Cause tribute must be paid for they are Gods Ministers Rom. 13. 6. and if tribute must not be paid then he is not the power ordained of God and so may be resisted But the former is here allowed Ergo 3. Bodin de Repub. lib. 2. cap. 5. granteth if a King turn Tyrant he may Lawfully at his subjects request be invaded resisted condemned or slain by a foraign Prince Hence if foraign Princes may Lawfully help a people oppressed by their oun Soveraign then people may Resist themselves if they be able and hold in their pains But the former is here granted Ergo The Consequence cannot be denyed for foraigners have no more Power or Authority over another Soveraign then the people have themselves 4. Arnisaeus de Author Princip c. 2. n. 10 granteth that if the Prince proceed extrajudicially without order of Law by violence every private man hath power to resist So the Surveyer of Naphtali ubi supra grants so much of a womans violent resisting attempts against the honour of her chastitie and tending to ensnare her in sin whereof her non-resistence makes her guilty Hence 1 If every extrajudicial violence of a Prince may be Resisted Then also all Contrajudicial violence against Law or reason must be opposed for that is more grievous and all their violences wherein they do not act as Judges must be resisted and that is all together for in none of them they can act as Judges But the former is here granted Ergo 2 If a woman may defend her Chastity against the K. lest her non-resistence make her guilty Oh if all women had been of this mind the Country would not have been pestered so with the Kings bastards Then may a Nation or any part of it Resist a Tyrants attempts upon the honour of their Religion entycing them to fornication with the Mother of harlots lest their non-resistence make them guilty But the former is here yeelded Ergo 5. That same Arnisaeus cap. 4. saith Of the former to wit he who is called a Tyrant in title it is determined by all without any difficultie that he may be Lawfully repulsed or if by force he be gotten into the Throne he may warrantably be thence removed because he hath not any Jot of power which
Lawless licence to oppress whom they please Then when they turn Tyrants and arrogate a Lawless Absoluteness and cross the Rules transgress the Bounds prescribed by Gods Law mans Law and make their oun lust a Law and execute the same arbitrarly They must be Resisted by force when a legal resistence cannot be had in defence of Religion and Liberty But all Princes are limited c. Ergo The Minor is proved Head. 2. And the Connexion may be thus confirmed in short That power which is not the Ordinance of God may be resisted But an absolute illimited power crossing the Rules and transgressing the bounds prescribed by Gods Law and mans is not the Ordinance of God Ergo it may be Resisted 8. Further from the Rule of Government it may be argued several wayes 1. That power which is contrary to Law evil Tyrannical can tye none to subjection but if it oblige to anything it tyes to Resistence But the power of a King against Law Religion and the Interests of the subjects is a power contrary to Law evil Tyrannical Ergo The Major is plain for Wickedness can tye no man but to resist it That power which is contrary to Law evil Tyrannical is Wickedness 2. That power and those Acts which neither King can exerce nor command nor others execute nor any obey must certainly be Resisted But such is the power and Acts that oppress the subjects and overturn Religion Liberty Ergo The Minor is evident from Scriptures condemning oppression violence both in them that command and in them that execute the same and also them that obey such wicked commands The Major is clear from Reason both because such power such Acts as cannot be commanded cannot be executed cannot be obeyed Lawfully are sinful wicked and because it cannot be a Magistratical power for that may alwayes be exerced executed Lawfully And what a man cannot command the resisting of that he cannot punish But acts of oppression against Law Religion Liberty a man cannot command Ergo the Resisting of these he cannot punish 3. That Government or Administration which is not subordinate to the Law Will of God who hath appointed it must be Resisted But that Government or Administration which undermines or overturnes Religion Liberty is not subordinate to the Law Will of God Ergo The Major is clear for nothing but what is the Ordinance of God subordinate to His Law Will is irresistible Rom. 13. 2. The Assumption is undenyable 9. From the Ends of Government which must be acknowledged by all to be the Glory of God and the Good of Mankind yea all that have been either wise or honest have alwayes held that Salus Populi est Suprema Lex The Arguments may run thus in short 1. That Doctrine which makes the Holy one to cross His oun ends in giving Governours must be absurd Unchristian as well as irrational But such is the Doctrine that makes all Kings Tyrants irresistible upon any pretence whatsoever Ergo The minor I prove That Doctrine which makes God intending His oun Glory the peoples good to give Governours both as Fathers to preserve and as Murderers to destroy them must make the Holy one to cross His oun ends for these are Contradictory But the Doctrine that makes all Kings Tyrants irresistible c. is such For by Office they are Fathers to preserve and by Office also they must be Murderers vested with such a power from God actu primo if they be irresistible when they do so seeing every power that is irresistible is the Ordinance of God. Hence also when a Blessing turns a Curse it is no more the Ordinance of God but to be resisted But when a King turns a Tyrant overturning Religion Liberty then a Blessing turns a Curse Ergo 2. Means are to be Resisted when they are not useful for but destructive to the ends they were appointed for But Governours overturning Religion Liberty are Means not useful for but destructive to the ends for which they were appointed Seeing then they are neither for the Glory of God nor the good of Mankind Ergo 3. If all powers Prerogatives of men are only means appointed for and should vaile unto the Supreme Law of the peoples Safety and all Laws be subordinate to and corroborative of this Law and when cross to it are eatenus null no Laws and all Law-formalities in Competition with it are to be laid aside and all Parliamentary priviledges must yeeld to this and King Parliament both conspiring have no power against it and no Soveraign power by virtue of any resignation from the people can comprize any Authority to act against it Then it is duty to obey this Supreme Law in Resisting all powers Prerogatives all Laws Law-formalities and all conspiracies whatsoever against this Supreme Law the Safety of the people But the former is true as was proven Head. 2. Ergo 4. That power which is obliged appointed to command rule Justly Religiously for the good of the people and is only set over them on these conditions and for that end cannot tye them to subjection without Resistence when the power is abused to destruction of Laws Religion and people But all power is so obliged appointed Therefore whensoever it is so abused it cannot tye people to subjection but rather oblige them to Rejection of it 10. From the Obedience required to Government It may be argued thus 1. If we may flee from Tyrants then we may Resist them But we may flee from Tyrants Ergo we may Resist them The Connexion I prove 1 If all grounds of Justice will warrand the one as well as the other then if the one be duty so is the other But the former is true For the same justice equity that warrands declining a Tyrants unjust violence by flight will warrand Resistence when flight will not do it The same Principle of self defence that makes flight duty when Resistence is not possible will aso make Resistence duty when flight is not possible The same Principle of Charity to Wives Children that makes flight Lawful when by Resistence they cannot avoid Tyranny will make Resistence duty when by flight they cannot evite it The same Principle of Conscience to keep Religion free that prompts to flight when Resistence will not save it will also prompt to Resist when flight is not practicable 2 If to flee from a just power when in Justice we are obnoxious to its sword be to resist the Ordinance of God and so sin then to flee from an unjust power must be also a Resisting of the abusing of it and so duty for the one is Resistence as the other but the difference of the power resisted makes the one Lawful the other not Again if Royal power may be resisted by interposing seas and miles why not also by interposing walls armes both is resistence
Loc. defendeth thus I say it was done by the Law of God for Deut. 18. 20. God decerned that the false Prophet should die and chap. 17. the same is said of private men women who would worship Idols But chap. 13. not only is death threatened against a seducing Prophet but a Command is added that no man should spare his Brethren thirdly it is Commanded that the whole City when it becometh Idolatrous should be cut off by fire sword And Levit. 24 14 16. it is Statute that the Blasphemer should not live to which we may adde the Law or equity of Taliation for these Prophets of Baal caused Iezebel Ahab kill the Servants of the Lord. See Ius Pop. cap. 20. Pag. 425. Upon this also Mr Mitchel defends his fact ubi supra Also Elijah by virtue of that precept Deut. 13 gave commandment to the people to destroy Baals priests contrary to the command of the seducing Magistrate who was not only remiss negligent in executing Justice but became a Protector defender of the Seducers then in that case I suppose the Christians duty not to be very dark 9. This Idolatrous Tyrannical house was afterwards condignly punished by Iâ—hu 2 King. 9. And 10 chapt who destroyed all the Idolaters who were before encouraged protected by that Court chap. 10. 25. This extraordinary fact was not justified by his Magistratical Authority for that was as extraordinary as the fact it self and conferred as a mean to accomplish the fact He had no Authority by the peoples suffrages nor was he acknowledged as such by the Court or body of the people only the Lord gave it extraordinarly But it is not the imitation of his assumption of Authority that is here pleaded for but the imitation of his fact in extraordinary cases when not only Tyrants Idolaters pass unpunished but their insolency in Murdering the Innocent is intolerable Mr Knox vindicates this at length ubi supra and shewes that it had the ground of Gods ordinary Judgement which commands the Idolater to die the death And that thô we must not indeed follow extraordinary examples if the example repugn to the Law but where it agrees with and is the execution of the Law an example uncondemned stands for a Command for God is constant and will not condemn in ages subsequent what He hath approved in His Servants before See the Testim of Period 3. above and Ius pop cap. 20. pag. 418. 10. When Athaliah the Mother of Ahaziah had Tyrannized six years at length Iehojada with others made a Conspiracie against her to depose her and make Ioash King which when it was discovered she cried Treason Treason as indeed it would have been so if she had been the Lawful Magistrate for it was an attempt of Subjects against her that had the possession of the Soveraign power But Iâ—â—â—â—da commanded the Captains to have her forth without the ranges and him that followeth her kill with the sword And they laid hands on her and she was slain 2 King. 11. 14 16. That this is imitable in the punishment of Tyrants is cleared above If therefore it be Lawful for Subjects to kill Usurping Tyrants and such as follow them to help them under whom nevertheless people might have a life then it must be Lawful for private persons to put forth their hand against their Cut-throat Emâ—ssaries in a case of necessity when there is no living for them 11. When Amaziah turned Idolater Tyrant after the time that he turned away from following the Lord they made a Conspiracy against him in Ierusalem and he fled to Lachish but they sent to Lachish after him slew him there 2 Chron. 25 27. This fact is before vindicated by Mr Knox Period 3. afterward Head 2. and Head 5. 12. When Esther made suite to reverse Hamans Letters the King granted the Iewes in every City not only to gather themselves together and to stand for their life but also to destroy to slay and to cause to perish all the power of the people and Province that would assault them both litle Ones Women and to avenge themselves on their Enemies And accordingly in the day that their enemies hoped to have power over them the Iewes gathered themselves to lay hand on such as sought their hurt and smote all their enemies with the stroke of the sword Esther 8. 11 13. chap. 9. 1 5. c. They had indeed that Law of Nature fortified by the Kings accessory Authority as Valentinâ—â—â— by his Edict granted the like Liberty to resist any unjust invader to depopulate the Lands of his Subjects ut digno ilico supplicio subjugetur ac mortem quam ininabatur accipiat And the like of Arcadius is extant in Codice Iustinaneo titulo Quomodo liceat unicuique sine judice se vindicare vel publicam devotionem But that doth not exclude the Lawfulness of such Resistences in case of necessity without publick Authority So here it was not the Kings commandment that made the Iewes avenging themselves Lawful if it had not been Lawful before without it it gave them only Liberty to improve that priviledge which they had from God and Nature Surely their power of Resisting did not depend on the Kings Commandment as is proven Head 5. Ergo neither their power of avenging themselves to prevent their Murder by their enemies Which they could and were obliged to do if there had been no such Authority Ergo it was not only suspended upon the Kings Authority And as for Hamans sons and adherents being Agagites they were obliged by a Prior Command to avenge themselves on them on all occasions by that Command to destroy Amalek Therefore it must be Lawful even without publick Authority in some cases of necessity to prevent the Murder of publick Enemies by laying hands on them that seek the hurt of all the people of God. Secundly There are some Precepts from which the same may be concluded 1. There is a Command and the first Penal Statute against Murderers we read Gen. 9. 6. Whoso sheddeth mans blood by man shall his blood be shed Here the Command is given in general to punish Capitally all Murderers but there may be some that no Magistrate can punish who are not here exempted to wit they that are in Supreme Authority and turn Murderers as was said above Again the Command is given in general to Man involving all the Community where the Murderer is in guilt if his blood be not shed as we find in the Scripture all the people were threatened punished because Judgement was not executed and when it was executed even by these that were no Magistrates the Wrath of God was turned away Whereof there are many examples above Further if the Command to shed the blood of Murderers be given before the Institution of Magistracy then in case of necessity to stop the Course of Murderers it may be obeyed When there is no Magistrate to execute
to death while it is yet morning Judg. 6. 31. Moreover as Mr Mitchel adduces the example very pertinently we see that the people of Israel destroyed Idolatry not only in Judah wherein the King concurred but in Ephraim and in Manassâ—h where the King himself was an Idolater and albeit they were but private persons without publick Authority for what all the people was bound to do by the Law of God every one was bound to do it to the uttermost of his power Capacity Mr Mitchel offers this place to vindicate his fact of shooting at the prelate Deut. 13. 9. Wherein sayes he it is manifest that the Idolater or intycer to Worship a false god is to be put to death by the hand of those whom he seeks to turn away from the Lord Which precept I humbly take to be Moral and not meerly Iudicial and that it is not at all Ceremonial or Levitical And as every Moral precept is Universal as to the extent of place so also as to the extent of Time persons The chief thing Objected here is that this is a Judicial precept peculiarly suited to the Old Dispensation which to plead for as a Rule under the New Testament would favour of Jewish rigidity inconsistent with a Gospel Spirit Ans. How Mr Knox refells this and clears that the Command here is given to all the people needs not be here repeated but it were sufficient to read it in the foregoing Representation Period 3. Pag. 30. as it is also cited by Ius Pop. Pag. 212. c. But these General Truths may be added concerning the Iudicial Laws 1. None can say that none of the Judicial Laws concerning political Constitutions is to be observed in the New Testament for then many special Rules of Natural Necessary equity would be rejected which are contained in the Judicial Laws of God Yea all the Laws of equity in the World would be so cast for none can be instanced which may not be reduced to some of the Judicial Laws And if any of them are to be observed certainly these Penal Statutes so necessary for the preservation of Policies must be binding 2. If we take not our measures from the Judicial Laws of God we shall have no Laws for punishment of any Malefactors by death juris Divini in the New Testament And so all Capital punishments must be only humane Constitutions and consequently they must be all Murders for to take away the life of man except for such Causes as the Lord of our life to whose Arbitriment it is only subject hath not approven is Murder as Dr Ames saith de homocidio Conscience Lib. 5. cap. 31. quest 2. For in the New Testament thô in the general the power of punishing is given to the Magistrate yet it is no where determined neither what nor how Crimes are to be punished If therefore Penal Laws must be taken from the Old Testament the Subject of executing them as well as the Object must be thence deduced that is what is there astricted to the Magistrate must be so still and what is permitted to the people must remain in like manner their Priviledge since it is certain the New Testament-Liberty is not more restricted as to Penal Laws than the Old. 3. Those Judicial Laws which had either somewhat Typical or Paedagogical or peculiar to the then Iudacial State are indeed not binding to us under that formality thô even these Doctrinally are very useful in so far as in their general nature of equity of proportion they exhibite to us some Documents of Duty But those Penal Judgements which in the matter of them are appended to the Moral Law and are in effect but accurate determinations accommodations of the Law of Nature which may suit our Circumstances as well as the Jewes do oblige us as well as them And such are these Penal Statutes I adduce for that Blasphemy Murder Idolatry are heinous Crimes and that they are to be punished the Law of Nature dictates and how and by whom in several cases they are to be punished the Law judicial determines Concerning the Moral equity even of the strictest of them Amesius de Conscienc lib. 5. de Mosaicis appendicibus praeceptorum doth very learnedly assert their binding force 4. Those Judicial Laws which are but Positive in their forme yet if their special internal proper Reason Ground be Moral which pertains to all Nations which is necessary useful to Mankind which is rooted in and may be fortified by humane reason and as to the substance of them approven by the more intelligent Heathens those are Moral and oblige all Christians as well as Jewes And such are these Laws of punishing Idolaters c. founded upon Moral grounds pertaining to all Nations necessary useful to Mankind rooted in fortified by humane Reason to wit that the Wrath of God may be averted and that all may hear fear and do no more so wickedly especially if this Reason be superadded when the case is such that innocent honest people cannot be preserved if such wicked persons be not taken order with 5. Those Judicial Laws which being given by the Lords immediate Authority thô not so solemnly as the Moral Decalogue are neither as to their end Mortuae dead nor as to their use Mortiferae deadly nor as to their nature Indifferent nor in any peculiar respect restringible only to the Jewes but the transgressions whereof both by omission commission are still sins and were never abolished neither Formally nor Consequentially in the New Testament must be Moral But such as these Penal Laws I am speaking of They cannot be reputed among the Ceremonial Laws dead as to their end and deadly as to their use or indifferent in their nature for sure to punish the Innocent upon the account of these Crimes were still sin now as well as under the Old Testament and not to punish the Guilty were likewise sin now as well as then If then the matter be Moral and not abolished the execution of it by private persons in some cases when there is no access to publick Authority must be Lawful also Or if it be Indifferent that which is in its oun nature Indifferent cannot be in a case of extreame necessity unlawful when otherwise the destruction of our selves Brethren is in all humane consideration inevitable That which God hath once Commanded and never expressly Forbidden cannot be unlawful in extraordinary cases but such are these precepts we speak of Therefore they cannot be in every case unlawful Concerning this case of the obligation of Judicial Laws Ames de Conscienc lib. 5. cap. 1. quest 9. 6. Those Laws which are predicted to be observed executed in the New Testament times cannot be Judicial or Judaical restricted to the Old But such is this In the day that a fountain shall be opened for thâ— house of David for sin for uncleaness which clearly points at Gospel-times It is said the
shall surely bring innocent blood upon your selves and upon the City and upon the Inhabitants thereof Now if the Princes the whole people should have been guilty of the Prophets blood how shall others be judged innocent before God if they suffer the blood of Innocents to be shed when they may save it 3 Ibid. he argues from the distinction between the person placed in Authority and the ordinance of God the one may be resisted the other cannot The plain words of the Apostle makes the difference The ordinance is of God for preservation of mankind punishment oâ—vice which is holy constant Persons commonly are profane unjust He that resisteth the power there is only meant of the just power wherewith God hath armed His Magistrats which who so resists resists Gods orâ—inance But if men in the fear of God oppose themselves to the fury of Princes they then resist not God but the Devil who abuses the sword Authority of God It is evident the people resisted Saul when he had sworn Ionathan should dye whom they delivered The Spirit of God accuses them not of any crime but praises them condemns the King This same Saul again commanded the Priests of the Lord to be slain his guard would not obey but Doeg put the Kings cruelty in execution I will not ask whether the Kings servants not obeying resisted the ordinance of God or whether Doeg murthering gave obedience to just Authority The Spirit of God condemns that fact Psal. 52. that God would not only punish the Commander but also the merciless executer Therefore they who gainstood his command resisted not the ordinance of God. 4 Ibid. He argues from examples not only of resisting but of punishing Tyrants chiefly the example of Uzziah is pertinent to this purpose 2 Chon 26. who after his usurping the Priests Office was put out of the Temple When it was replyed that they were the Priests that with stood the King not simple people He answered The Priests were subjects as Abâ—athar was deposed by Solomon c. yet they made him go out of the Temple for his Leprosie and the people put him from the Kingdom It is noted also that Mr Knox in that discourse adduces examples of those who use to be brought in as objections against defensive Armes even the Primitive Christians before that Passage last cited what precepts sayes he the Apostles gave I will not affirme But I find two things the faithful did the one was they assisted their Preachers even against the rulers the other was they suppressed Idolatrie wheresoever God gave unto them force asking no leave of the Emperour nor of his deputies Read the Ecclesiastical Histories and ye shall find examples sufficient IV. In the next place we may inquire into the judgment of these Reformers concerning that Question that is now so pusling to many which indeed was never started before this time as a head of suffering but now when it is started we may gather from our Ancestors Actings Determinations about it how it ought to be answered They were indeed in capacity and accordingly did improve it for disouning the Authority of both the Queens but their capacity was not the thing that made it duty if it had not been so before Capacity makes a thing possible but not lawful It does indeed make a duty seasonable and clears the Call to it and regulates the timing of Affirmative duties but the want of it can never dispense with negative Precepts And a duty negative especially may become necessary when it hath not the advantage of seasonableness or capacity certainly it were duty to depose â—he Pope from his usurped authority and to disoune it even in Rome it self but there it would not be thought very feasible or seasonable for twenty or thirty people to avouch such a thing there yet at all times it is a duty never to oune it It is thought unseasonable unfeasable to disoune the Tyrants authority but it is made necessary when uâ—ged never to oune it And for this we have the grounds of our Ancestors shewing who may be disouned and must not be ouned I shall first insert here John Knox his propositions prosecuted in his second blast extant at the end of Anton. Gilbies Admonition to England Scotland 1. It is not birth only nor propinquity of bloodh that maketh a King lawfully to Reign over a people professing Christ Iesus and His Eternal verity but in his Election the ordinance which God hath established in the election of inferior judges must be observed 2. No manifest Idolater nor notorious transgressor of Gods holy precepts ought to be promoâ—ed to any publick regiment honour or dignity in any realme Province or Citie that hath subjected themselves to Christ Iesus and His blessed Evangel 3. Neither can Oath or promise bind any such people to obey maintain Tyrants against God and His Truth known 4. Bâ—t if rashly they have promoted any manifest wicked person or yet ignorantly have chosen such an one as after Declareth himself unworthy of regiment above the people of God and such be all Idolaters Cruel Presecuters most justly may the same men depose punish him that unadvisedly before they did nominate appoint elect Accordingly this was done in deposing both the Queens wich is fully vindicated by the Earle of Morton in his discourse to the Queen of England as Buchanan Relates it Lib. 20. Pag. 746. The deed it self neither the Custom of our Ancestors of taking a Course with their Governour will suffer it to be accounted new nor the moderation of the punishment to be odious for it were not needful to recount so many Kings punished by death bonds exile by our Progenitors For the Scotish nation being from the begining alwise free hath created Kings upon these conditions that the Government entrusted to them by the peoples suffrages might be also if the matter required removed by the same suffrages Of which Law there are many footsteps remaining even to our day for both in the Isles about and in many places of the continent in which the old Language institutions have any abode this Custom is kept in creating their Governours of Clanns And the Ceremonies used at the entering into Government do yet retain the express representation of this Law. Whence it is evident that the Government is nothing else but a mutual stipulation between Kings people which further appears from the inviolated tenor of the Ancient Law since the begining of the Scotish Government reserved even unto our memory without the least essay either to abrogate it or disable or diminish it Yea even when our fathers have deposed banished more severely punished so many Kings yet never was any mention or motion made of relaxing the rigor of that Law And not without reason seeing it was not of that kind of Constitutions that change with the times but of those which are engraven in the minds of men from the
Antichrists Interest And therefore having gotten the Supremacy devolved upon him by Law for which also he had the Popes dispensation to take it to himself for the time under promise to restore surrender it to him as soon as he could attain his end by it as the other Brother succeeding hath now done he would now exert that usurped power and work by infnaring policy to effectuate the end which he could not do by other means Therefore seeing he was not able to suppress the Meetings of the Lords people for Gospel Ordinances in house fields but that the more he laboured by violent courses the greater more frequent they grew he fell upon a more Craftie device not only to overthrow the Gospel and suppress the Meetings but to break the faithful and to divide between the Mad-cap the Moderate Fanaticks as they phrased it that he might the more easily destroy both to confirm the usurpation and to settle people in a sinful silence stupid submission to all the Incroachments made on Christs Prerogatives and more effectually to overturn what remained of the Work of God. And knowing that nothing could more fortifie the Supremacy than Ministers their homologating acknowledging it Therefore he offerd the first Indulgence Anno 1669. Signifying in a Letter dated that year Iune 7. His gracious pleasure was to appoint so many of the outed Ministers as have lived peaceably orderly to return to preach exercise other functions of the Ministrie in the Paroch Churches where they formerly served provided they be vacant and to allow Patrons to present to other vacant Churches such others of them as the Council should approve That all who are so Indulged be enjoyned to keep Presbytries and the Refusers to be confined within the bounds of their paroches And that they be enjoined not to admitt any of their neighbour Paroches unto their Communions nor Baptize their Children nor marry any of them without the allowance of the Minister of the Paroch and if they Countenance the people deserting their oun Paroches they are to be silenced for shorter or longer time or altogether turned out as the Council shall see cause And upon Complaint made verified of any Seditious discourse or expressions in the Pulpit uttered by any of the Ministers they are immediatly to be turned out and further punished according to Law And seeing by these orders all Pretences for Conventickles were taken away if any should be found hereafter to Preach without Authority or keep Conventickles his Pleasure is to proceed with all severity against them as Seditious persons Contemners of Authority To salve this in point of Law because it was against former Lawes of their oun and to make the Kings Letter the supreme Law afterwards and a valid ground in Law where upon the Council might proceed enact and execute what the King pleased in Matters Ecclesiastick he therefore caused frame a formal Statutory Act of Supremacy of this Tenor. That his Maj. hath the supreme Authority Supremacy over all Persons and in all Causes Ecclesiastick within his dominions and that by virtue thereof the ordering disposal of the external Government of the Church doth properly belong to him his successors as an Inherent right to the Croun And that he may settle enact emitt such Constitutions Acts Orders concerning the Administrating therof and Persons employed in the same and concerning all Ecclesiastical Meetings Matters to be proposed determined therein as he in his Royal wisdom shall think fit which Acts Orders Constitutions are to be observed obeyed by all his Maj. Subjects any Law act or custom to the contrary notwithstanding Where upon accordingly the Council in their Act Iuliâ— 27. 1669. do nominate several Ministers and appoint them to Preach and exercise the other functions of the Ministrie at their respective Churches there specified with Consent of the Patrons The same day also they conclude enact the forementioned Restrictions conform to the Kings Letter above rehearsed And ordain them to be intimat to every person who is by Authority foresaid allowed the exercise of the Ministrie These Indulged Ministers having that Indulgence given only upon these termes that they should accept these Injunctions and having received it upon these termes also as an essential part of the bargain Condition on which the Indulgence was granted accepted as many following Proclamations did expressly declare do Appoint Mr Hutcheson one of the number to declare so much In Acknowledging his Maj. favour Clemency in granting that Liberty after so long a restraint And however they had received their Ministrie from Jesus Christ with full Prescriptions from Him for regulating them therein yet nothing could be more refreshing on earth to them than to have free Liberty for the exercise of their Ministrie under the Protection of Lawful Authority And so they purposed to be have themselves in the discharge of the Ministrie with that wisdom that became faithful Ministers and to demean themselves towards Lawful Authority notwithstanding of their known judgment in Church affairs as wel becometh Loyal subjects And their prayer to God should be that the Lord should bless his Maj. in his person Government and the Council in the publick administration and especially in the Pursuance of his Maj. mind in his Letter wherein his singular moderation eminently appears Afterwards they issued out Proclamations reinforcing the punctual observation of the forementioned Injunctions and delivered them into the Indulged In the mean time though Cruel Acts Edicts were made against the Meetings of the Lords people in houses the fields after all these Midianitish wyles to suppress them such was the presence of the Lord in these Meetings and so powerful was His Countenance Concurrence with the Labours of a few who laid out themselves to hold up the Standart of Christ that the number of Converts multiplyed dayly to the praise of free Grace and to the great encouragment of the few hands that wrestled in that Work through all humane discouragment Therefore King Council was put to a new shift which they supposed would prove more effectual To wit because there was a great number of Non-conformed Ministers not yet Indulged who either did or might hereafter hold Conventickles therefore to remeed or prevent this in time coming they appoint ordain them to such places where Indulged Ministers were settled there to be confined with allowance to Preach as the Indulged should employ them thinking by this means to incapacitate many to hold Meetings there or elswere And to these also they give injunctions restrictions to regulate them in the exercise of their Ministrie And to the end that all the outed Ministers might be brought under restraint and the Word of God be kept under bonds by another Act of Council they Command that all other Ministers not Disposed of as is said were either to repair to the Paroch Churches where
1680. at the Torwood he excommunicated some of the most scandalous and Principal Promoters Abettors of this Conspiracy against Christ as formally as the present Case could admit After Sermon upon Ezek. 21. 25 26 27. And thou profane wicked Prince of Israel whose day is come c. He had a short and pertinent discourse on the nature the subject the causes and the ends of Excommunication in general And then declared that he was not led out of any private Spirit or passion to this Action but constrained by Conscience of duty and zeal to God to stigmatize with this brand and wound with the Sword of the Lord these Enemies of God that had so Apostatized rebelled against mocked despised defied Our Lord and to declare them as they are none of His to be none of ours The persons excommunicated and the Sentence against them was given forth as followes I being a Minister of Iesus Christ and having Authority and Power from Him do in His Name by His Spirit excommunicatâ— cast out of the true Church and deliver up to Satan Charles the Second King c. The Sentence was founded upon these grounds declared in the pronunciation thereof 1 for his high mocking of God in that after he had acknowledged his own sins his fathers sins his mothers Idolatrie yet had gone on more avowedly in the same than all before him 2 for his great Perjurie in breaking burning the Covenant 3 for his rescinding all Lawes for establishing the Reformation and enacting Lawes contrarie thereunto 4 for commanding of Armies to destroy the Lords people 5 for his being an Enemy to true Protestants helper of the Papists and hindering the execution of just Lawes against them 6 for his granting Remissions Pardons for Murderers which is in the power of no King to do being expressly contrare to the Law of God. 7 for his Adulteries and dissembling with God man Next by the same Authority and in the same name he excommunicated Iames Duke of York for his Idolatrie and setting it up in Scotland to defile the Land and entycing encouraging others to do so Not mentioning any other sins but what he scandalously persisted in in Scotland c. With several other rotten Malignant Enemies on whom the Lord hath ratiâ—â—ed that Sentence since very remarkably whose sins punishments both may be read more visiblie in the Providences of the time than I can record them But about this time when amidst all the abounding defections divisions of that dark dismal hour of tentation some in zeal for the Cause were endeavouring to keep up the Testimony of the day in an abstraction from Complying Ministers Others were left in holy judgment to be a stumbling block to the Generation hardening them in their defections and to be a beacon to the most zealous to keep off from all unwarrantable excesses to fall into fearâ—ul extravagances and delirious damnable delusions being overdriven with ignorant blind zeal into untroden paths which led them into a labyrinth of darkness when as they were stumbled at many Ministers their unfaithfulness so through the deceit of Sathan and the hypocrisie of his Instruments they came to be offended at Mr Cargil his faithfulness who spared neither left hand declensions nor right hand extremes and left him and all the Ministers not only disouning all Communion with those that were not of their way but execrating Cursing them and kept themselves in desert places from all Company where they persisted prodigiously in fastings and singing Psalms pretending to wonderful raptures Enthusiasmes and in fine I. Gib with 4 more of them came to that hight of Blasphemy that they burnt the Bible Confession of Faith. These were the sweet singers as they were called led away into these delusions by that Impostor Sorcerer Iohn Gib who never encreased to such a number as was then feared reported being within thirty most part women all which for the most part have been through Mercy reclaimed from that destructive way which through Grace the Reproached Remnant adhering to the foresaid Testimony had alwayes an abhorrence of Wherefore that ignorant impudent Calumnie of their Consortship with Gibs followers is only the vent of viperous Envy For they were the first that discovered them and whose pains the Lord blessed in reclaiming them and were alwayes so far from partaking with them that to this day these that have come off from that way and have offered the Confession of their scandal do still complain of their over-rigid severity in not admitting them to their select fellowships To which may be added this undenyable Demonstration that whereas the persecuâ—ing Courts of Inquisition did alwayes extend the utmost severity against the Ouners of this Testimony yet they spared them And the Duke of York then in Scotland was so weâ— pleased with Gib's Blasphemies that he favoured him extraordinarly and freely dismissed him This was a cloudy dark day but not without a burning shining light as long as that faithful Minister of Christ Mr Donald Cargil was following the Work of the Lord who shortly after this finished his Testimony being apprehended with other two faithful zealous Witnesses of Christ Mr Walter Smith and Mr Iames Boog who with 2 more were altogether at Edinburgh 27. Iulij 1681. Crouned with the Glory of Martyrdom Then came the day of the Remnants vexation trouble darkness dimness of anguish wherein who so looked unto the Land could see nothing but darkness sorrow the light darkened in the Heavens thereof wherein neither Star nor Sun appeared for many dayes and poor People were made to grope for the wall like the blind and to stumble in noon day as in the night While the Persecution advanced on the one hand a violent spait of defection carried doun the most part of Ministers Professors before it driving them to Courses of sinful scandalous Conformings with the times Corruptions Compearings before their Courts Complyings with their Commands paying of theis Cesses and other Exactions Taking of their Oaths Bonds and countenancing their Prelatical Church-Services which they were ashamed to do before And thereupon on the other hand the Divisions and Confusions were augmented and poor people that desired to cleave to the Testimony were more more offended and stumbled at the Ministers who either left the Land in that clamant Call of the peoples necessity or lurked in their own retirements and declined the duty of that day leaving people to determine themselves in all their perplexities as a prey to all tentations But the tender Pastor and Shepherd of Israel who leads the blind in the way they know not did not forsake a Remnant in that hour of tentation who kept the Word of His Patience and as He helped those that fell into the hands of Enemies to Witness a good Confession so He strengthened the zeal of the remaining Contenders against all the
stand in their way of advancing their Cursed Designs The next Drift is when they had emptied the Churches of Ministers and filled them with the vermine of ignorant scandalous Curats to force the People to Conformity and to Disoune discountenance their oun Ministers first by severe Edicts of exorbitant fining not only the persons themselves contraveening but those that had the Superiority over them rigourous execution of these fines to the Depopulation of a poor Country by Military force Whereby where there was but one Church in the bounds still enjoying a Minister whom the People could hear the profane Souldiers would beset that Church in time of Worship and cause all within to pay their fines or take the garments from them that could not and beat them to the effusion of their blood And where the Church was planted with a Curat the Souldiers would come and call the Names of the Parishoners and amerciate the Absents in such fines as they pleased In other Places they went to private houses and by force drove them to Church even though sick unable But where the Dissenters were numerous great bands of Legal Robbers were sent to exact extort these exorbitant fines by plundering quartering beating wounding binding men like beasts chasing away from houses and harrassing whole Countrysides in a hideous manner And yet after all these insolencies some of the common sort were compelled to subscribe an acknowledgment that the Captain had used them civilly discreetly though the account of others of that place manifests the violence to have been so monstrous that it justified the greatest barbarity shewing their exactions to have been intolerable both for the quantity without all proportion or pity and for the manner of it consuming wasting poor Peoples provision by their very dogs and sparing no more these who conformed than others who did not conform at all and punishing husbands for their wives yea doubling tripling the same exactions after payment Next though at first they did not imprison any for simple absenting themselves from the Curats yet they began to fill Prisons with such as at any time shewed more than ordinary zeal against the Curats Intrusion and testified their dissatisfaction to his face for which some were imprisoned scourged stigmatized and thereafter carried to Barbadoes Others because they would not give the Prelats their Title of Lords when conveened before them were also scourged And one Minister seised for Preaching and offending the Prelates by the same fault was carried first to the Thieves hole laid in irons in company with a Madman and then banished to Shetland the coldest wildest of all the Scots Islands 3. But when fining would not do and still the People were more averse from the Curats by getting some times occasions of hearing their oun Ministers in private Hence were houses forced searched many hailed to Prisons and several necessitate to escape at windowes with the hazard of their lives spies sent unto set in suspected places to seize fall upon such as they found at such Meetings or but suspected to have been there Whence it came to pass that many both men women young old have been dragged to Prisons there closs keeped as Malefactors besides several other outragious illegal Acts of violence oppression committed against them contrare to all Law Equity Conscience 4. After Pentland defeat they ruled by rage more than either Law or Reason There 40. Prisoners who were taken upon quarter and solemn Parol to have their life spared yet treacherously bloodily were all hanged except 5. that were reprieved who had much of the Lords presence at their deaths and assurance of His love strengthening them to seal a Noble Testimony One of them a much honoured young Minister only for having a sword about him though not present at the fight did first most patiently endure the cruel Torture of the Boots a Cruel Engine of Iron whereby with wedges the Leg is tortured until the marrow come out of the bone and afterwards death with great Courage Constancy Upon the Scaffold at their execution they then began that barbarity never practised in Scotland before but frequently al most alwayes at all the executions since to beat Drums that they might not be heard After this Conflict many were forefaulted of their Estates and intercommuned with inhibition to all to reset conceal or correspond with any that had escaped under the pain of being accounted guilty of the same Rebellion as they called it Souldiers are permitted to take free quarter in the Country and Licensed to all the abuses that either Rapine or Cruelty may suggest to examine men by tortures threatnening to kill or rost alive all that would not delate all they knew was accessory to that Rising To strip them who did so much as resett the fugitives thrust them into Prisons in cold hunger nakedness and croud them so with numbers that they could scarce stand together having the miseries of their oun excrements superadded yea to mâ—rther without process such as would not nay could not discover those persecuted People But not only time but heart tongue would fail to relate all the Violences Insolencies the stobbings woundings stripping imprisoâ—ings of menspersons violent breaking of their houses both by day night beatings of Wives Children ravishings of women forcings of them by fire Matches other tortures to discover their husbands nearest relations although not within the compass of their knowledge and driving away all their goods that can be carried away without respect to guilt or innocency and all the Cruelties that were exercised without a check by these Ruffians at that time II. After all these tender Mercies Clemencies or Cruelties which his Gracious Maj. was pleased to confer or commit upon these poor Contenders for Religion Liberty he and his Cabal the Council thought it not enough to suppress them with Oppressions and force distrusting the Authority of his Law that he knew the People would no more observe than he would observe a promise or Oath and diffiding also the Authority of his sword which he had above their heads he proposes termes of bargaining with them whereupon he would suffer them to live and to which he would have them bound to live according to his Prescript Therefore besides the old Oaths of Allegiance Supremacy that were still going among hands he caused coyn New Ones to keep the Peace and to live Orderly meaning to conforme themselves to the Disorders of the times Whereby after he had wrought such destruction to their Bodies Estates almost nothing was left them but a bit of a Conscience he would rob them of that too verifying the Constant Character of the wicked They only consult to cast a man doun from his excellency What is a mans excellency but a good Conscience But these men having feared Consciences of their oun not capable of
visible Kingdom of which the Government is layd upon His shoulders against the heaven-daring Usurpations encroachments made thereupon both as He is Mediator King Head of the Church and as He is God Universal King of the world As He is Mediator it is His Peculiar Prerogative to have a Supremacy Sole Soveraignty over His oun Kingdom to institute His oun Government to constitute His oun Lawes to ordain His oun Officers to appoint His oun Ordinances which He will have observed without alteration addition or diminution untill His Second Coming This His Prerogative hath been is invaded by Erastian Prelacy Sacrilegious Supremacy and now by Antichristian Poperie which have overturned His Government inverted His Lawes subverted His Officiers Perverted His Ordinances As He is God Universal King it is His in communicable Property Glory not only to have Absolute Illimited Power but to invest his Deputed Ministers of Justice with His Authority Ordinance of Magistracy to be administred in subordination to Him to be regulated by His Lawes and to be improved for His Glory the good of Mankind This Glory of His hath been invaded by Tyrants Usurpers arrogating to themselves an Absolute Power intruding themselves without His investment into Authority in a Rebellion against Him in opposition to His Lawes and abusing it to His dishonour and the destruction of Mankind Against both which Encroachments the Present Testimony is stated in a Witness for Religion Liberty to both which these are destructive This will appear to be the Result Tendency of the Testimony in all its parts opposed by the Enemies of Religion Liberty and the end of all their oppositions to bring it to this Crinomenon who shall he King Iesus or Cesar Let any seriously search into all their Proclamations Edicts against Religion Liberty this will be found to be the soul sense of them practically Really speaking to this purpose especially since this man came to the Throne J. R. JAmes the 7 2 by the V. of G. King of Scotland England France Ireland Defender of the Antichristian faith To'all sundry our good subjects whom these presents do or many concern Greeting We having taken into our Royal Consideratiâ—n the many great inconveniences which have happened in that our Ancient Kingdom of Scotland especially of late years through the persuasions of the Christian Religion the great heats animosities betuixt the Professors therof and our good faithful subjects whose faith Religion is subject subservient to our Royal will the Supreme Law Reason publick Conscience to the disappointment of our Projects restraint of our pleasures and Contempt of the Royal power Convertingâ— true Loyaltie absolute subjection into words names which we care not for of Religion Liberty Conscience the Word of God thereby withdrawing some to the Christian faction from an absolute implicite subjection to us our will as if there were a Superiour Law to which they might appeal And considering that these Rebellious Christians do never cease to assert maintain strange Paradoxes such Principles as are inconsistent with the glory interest of our Government as that the Authority of Kings should be hem'd in with Limits and that their Acts Actions are to be examined by another rule than their oun Authority to make them Lawful that somethings in the Kingdom are not subject to the Kings Authority That there is a Kingdom within a Kingdom not subordinate to the King And that there is another King Superior to the Supreme whom they will rather obey than us And that we must either take Laws from Him or otherwise we are not Magistrats And Considering also their Practices are Conforme to their Principles They will not obey our Lawes but the Lawes of Another inconsistent with ours and will calculate their Religion according to His Lawes and not according to ours And continually make their Addresses to and receive Ambassadours from a Prince whom we know not whom our Predicessors of truely worthy memory did crucify One Iesus who was dead whom they affirm to be alive whose Government they alledge is Supreme over all Kings Whom they acknowledge but as His Vassals Being now by favourable fortune not only brought to the Imperial Croun of these Kingdoms through the greatest difficulties but preserved upon the throne of our Royal Ancestors which from our Great founder Nimrod of Glorious Memory and our Illustrious Predecessors Pharaoh Nebuchadnezzar Herod the Great Nero Caligula c. of blessed pious Memory hath been ever opposite to and projecting the Destruction of that Kingdom of Christ Do after their Laudable example resolve to suppress that Kingdom by all the means might we can use because His Government is hateful to us His yoke heavy His sayings are hard His Lawes are contrary to our lusts Therefore we will not let this man reign over us we will break His bonds and cast away His Cords from us And advance exerce our Soveraign Authority Prerogative Royal Absolute Power which all our subjects are to obey without reserve And as by virtue of our Supremacy whereby we are above all but such as we are pleased to subject our selves to settled by Law and Lineally Derived to us as an Inherent right to the Croun we have Power to order all matters of Church as well as State as we in our Royal wisdom shall think fit All Laws Acts of Christ to the contrary notwithstanding And accordingly in our Royal wisdom have overturned the plat-form of that Government which Christ hath instituted razed all Courts fenced in His Name and severely interdicted all Meetings of His subjects and intertainment of His Ambassadours many of whom in contempt of Him that sent them we have punished according to Law for negotiating His Affairs in our Kingdoms without our pleasure requiring Allegiance obedience to Him after we had exauctorated Him we have also established our Right Trusty Entirely beloved Clerks in Ecclesiastick affairs and their underlings by our Authority to have the Administration of the business of Religion and impowered our Right Trusty well beloved Cousins Counsellers to Compell all to submitt to them by Finings Confinings Imprisonment Banishment Oaths Bonds and all Legal means So now having prosecuted this war against Christ to this length that we have no fears of a Rally of His forces again so often beaten we are now engaged with other Antichristian Princes to give our Power to our holy Father Antichrist so far as may serve his purpose to oppse Christ in his way but we reserve so much to our seeves as may encroach upon Him in our Capacity And therefore we have thought fit to restore to Antichrist our Ecclesiastical Supremacy from whom we borrowed it and for which we have no use at present But we resolve to maintain prosecute our Soveraign Authority Prerogative Royal and
for it but reality of conscience and Government founded upon a bottom of conscience that will Unite the Governed to the Governours by inclination as well as duty And if that be then there is needful a rule of Gods revealed preceptive will the only Cynosure Empress of conscience touching the founding erecting of Government that it have the stamp of Gods Authority It must needs then follow that conscience hath a very great concernment in this question in the General and that before it be forced to an abandoning of its light in a matter of such moments it will rather oblige people that are conscientious to suffer the worst that Tyrants can do especially when it is imposed obtruded upon conscince to give its suffrage express acknowledment that the present Tyranny is the Authority of God which is so visible in the view of all that have their eyes open that the meanest capacity that was never conversant in Lawes Politicks can give this verdict that the Constitution administration of the Government of the tuo Royal Brothers under whose burthen the earth and we have been groaning these 27 years past hath been a compleat Habitual Tyranny and can no more be ouned to be Magistracy theâ— Robbery can be acknowledged to be a rightful possession It is so plain that I need not the help of Lawyers Politicians to demonstrate it nor lanch into the Ocean of their endless debates in handling the head of Magistracy Tyrannie yet I shall improve what help I find in our most approved Authors who have enlarged upon this Question though not as I must state it to dilucidate the matter in Thesi and refer to the foregoing Deduction of the succession of Testimonies against Tyranny to clear it in Hypothesi Whence we may see the occasion and clearly gather the solution of the Question which is this Whether a people long oppressed with the encroachments of Tyrants Usurpers may disoune their pretended Authority when imposed upon to acknowledge it may rather chiefe to suffer than to oune it To clear this question I shall first premit some concessions and then come more formally to resolve it I. It must be granted the Question is extraordinary and never so stated by any writer on this head which makes it the more difficult and odious because odd singular in the esteem of those who take up opinions rather from the number of votes than from the weight of the reasons of the asserters of them It will also be yeelded that this was never a case of confession for Christians to suffer upon And the reason of both is because before these seven years past this was never imposed upon private common subjects to give an account of their thoughts conscience about the Lawfulness of the Government they lived under Conquerers Usurpers sometimes have demanded an acknowledgment of their Authority from men of greatest note stroke in the Countries they have seised but they never since the Creation urged it upon common people as a Test of Loyalty but thought alwayes their Lawes power to execute them on offenders did secure their subjection Or otherwise to what purpose are Lawes made and the execution of them committed to men in power if they be not thought a sufficient fence for the Authority that makes them except it also have the actual acknowledgment of the subjects to ratify it Men that are really invested with Authority would think it both a disparagment to their Authority and would disdain such a suspicion of the questionableness of it as to put it as a queston to the subjects whether they ouned it or not But the Gentlemen that rule us have fallen upon a piece of unprecedented Policy wherein they think both to involve the Nation in the guilt of their unparalelled Rebellion against the Lord by ouning that Authority that promotes it and so secure their Usurpations either by the suffrage of all that oune them or by the exstirpation of the Consciencious that dare not with the odium obliâ—uie of being enemies to Authority by which Trick they think to bury the honour of their Testimony Yet in sobriety without Prophecying it may be presumed at the long run this project will prove very prejudicial to their Interest and herein they may verify that Scots Proverb ov'r fast ov'r loose and accomplish these Divine sayings He disappointeth the devices of the Crafty He taketh the wise in their oun Craftiness and the Counsel of the froward is carried head long For as they have put people upon this question who would not otherwise have made such inquiries into it and now finding they must be resolved in conscience to answer it when ever they shall be brought before them upon a very overly search they see terrible Tyranny witten in legible bloody Characters almost on all administrations of the Government and so come to be fixed in the verdict that their conscience the word of God gives of it So it may be thought this question now started for as despicable beginings it hath yet ere it come to a ful final Decision will be more inquired into through the world and at length prove as fatal to Tyranny as ever any thing could be and then they may know whom to thank But however though the question be extraordinary and the sufferings thereupon be unprecedented And therefore among other contradictions that may be objected that neither in History nor Scripture we can find instances of private people their refusing to oune the Authority they were under nor of their suffering for that refusal yet nevertheless it may be duty without example Many things may be done though not against the Law of God yet without a precedent of the practice of the people of God. Though we could not adduce an example for it yet we can gather it from the Law of God that Tyranny must not be ouned this will be equivalent to a thousand examples Every age in somethings must be a precedent to the following and I think never did any age produce a more honourable precedent than this begining to decline a yoke under which all ages have groaned 2. It will be also granted It is not always indispensablie necessarie at all times for a people to declare their disclaim of the Tyranny they are under when they cannot shake it off nor when they are staged for their duty before wicked Tyrannical Judges is it always necessarie to disoune their pretended Authority positively when either they are not urged with questions about it then they may be silent in reference to that or when they are imposed upon to give their judgment of it they are not alwayes obliged as in a case of confession to declare all their mind especially when such Questions are put to them with a manifest design to entrap their lives or intangle their Conscience All Truth is not to be told at all times neither are all
questions to be answered when impertinently interrogate but may be both Cautiously Conscienciously waved We have Christs oun practice his faithful servant Pauls example for a Pattern of such prudence Christian caution But yet it were cruel unchristian rigour to censure such as out of a pious principle of zeal to God conscience of duty do freely positively declare their judgment in an absolute disouning of their pretended Authority when posed with such Questions though to the manifest detriment of their lives they Conscienciously looking upon it as a case of confession For where the Lord hath not peremptorily astricted His Confessors to such rules of prudence but hath both promised and usually gives His Spirits Conduct encouraging animating them to boldness so as before hand they should not take thought how or what they shall speak and in that same hour they find it given them it were presumption for us to stint them to our rules of prudence We may indeed find rules to know what is a case of confession but hardly can it be determined what Truth or duty we are questioned about is not or may not be a case of confession And who can deny but this may be in some circumstances a case of confession even Positively to disoune the pretended Authority of a bloody Court or Council when either they go out of their Sphere taking upon them Christs Supremacy and the Cognizance of the concerns of His Croun whereof they are Judges no ways Competent then they must freely faithfully be declined Or when to the dishonour of Christ they blaspheme His Authority and the Sacred boundaries He hath prescribed to all humane Authority and will assert an illimited absolute Authority refusing discharging all offered Legal Scriptural restrictions to be put thereupon as hath been the case of the most part of these worthy though poor Martyrs who have died upon this head then they must think themselves bound to disoune it Or when they have done some cruel indignity despight to the Spirit of God and to Christ His prerogative Glory and work of Reformation and people in murdering them without Mercy and imposing this ouning of their King by whose Authority all is acted as a condemnation of these witnesses of Christ their Testimony and a justification of their bloody cruelties against them which hath frequently been the case of these poor people that have been staged upon this account In this case and several others of this sort that might be mentioned then they may be free Positive in disouning this Test of wicked Loyaltie as the mark of the Dragon of the secular beast of Tyranny And in many such cases when the Lord gives the Spirit I see no reason but that Christs witnesses must follow His Pattern of zeal in the case of confession which He witnessed before Pontius Pilate in asserting His oun Kingship as they may in other cases follow His Pattern of Prudence And why may we not imitate the zeal of Stephen who called the Council before whom he was staged stiff necked resisters of the Holy Ghost Persecuters of the Prophets and betrayers Murderers of Christ the Just one as well as the Prudence of Paul But however it be the present Testimony against this pretended Authority Lies in the Negative which obliges alwayes semper ad semper that is to say we plead that it must never be Ouned There is a great difference between a Positive disouning and a not Ouning though the first be not alwayes necessary the Latter is the Testimony of the day and a negative case of confession which is allwise clearer than the Positive Though we must not allwise confess every Truth yet we must never deny any 3. It is confessed we are under this sad disadvantage besides others that not only all our Brethren groaning under the same yoke with us will not take the same way of declining this pretended Authority nor adventure when called to declare their judgment about it which we do not condemn as is said and would expect from the rules of equity charity they will not condemn us when we find our selves in conscience bound to use greater freedom But also some when they do declare their judgment give it in termes condemnatory of contradictory unto our Testimony in that they have freedom positively to oune this Tyranny as Authority and the Tyrant as their Lawful Soveraign And many of our Ministers also are of the same mind And further as we have few expressly asserting our part of the debate as it is now stated so we have many famous learned divines expressly against us in this point as especially we find in their Comments upon Rom. 13. among whom I cannot dissemble my sorrow to find the great Calvin saying saepe solent inquirere c. men often inquire by what right they have obtained their power who have the rule It should be enough to us that they do govern for they have not ascended to this eminency by their oun power but are imposed by the hand of the Lord. As also Pareus saying too much against us For answer to this I refer to Mr Knox his reply to Lithingtoun producing several Testimonies of Divines against him upon this very same head wherein he shewes that the occasions of their Discourses Circumstances wherein they were stated were very far different from those that have to do with Tyrants Usurpers as indeed they that are most concerned and smart most under their scourge are in best case to speak to the purpose I shall only say Mens averment in a Case of Conscience is not an oracle when we look upon it with an impartial eye in the case wherein we are not prepossessedâ— it will bear no other value than what is allayed with the imperfections of fallibility and moreover is contradicted by some others whose Testimony will help us as much to confirm our persuasion as others will hurt us to infirm it 4. But now when Tyrants go for Magistrats lest my plea against ouning Tyranny should be mistaken as if it were a pleading for Anarchy I must assert that I and all those I am vindicating are for Magistracy as being of divine Original institute for the common good of humane Christian Societies whereunto every soul must be subject of whatsoever quality or Character and not only for wrath but also for conscience sake though as to our soul conscience we are not subject which whosoever resisteth resisteth the ordinance of God and against which Rebellion is a damnable sin Whereunto according to the fifth Commandment and the many reiterated exhortations of the Apostles we must be subject and obey Magistrates and submit ourselves to every Ordinance of man for the Lords sake whether it be unto the King as Supreme c. And we account it a hateful brand of them that walk after the flesh to despise Government to be presumptuous self willed and not afrayed
which case the people may make their Publick servant sensible he is at his highest elevation but a Servant Hence now when this species named in the Covenant viz Monarchy is by Law so vitiate as it is become the mean instrument of the destruction of all the ends of that Covenant and now by Law transmitted to all successors as a hereditary pure perfect perpetual opposition to the coming of Christs kingdom So that as long as there is one to wear that Croun but Iehavah will in righteousness execute Coniahs doom upon the race Ier. 22. ult write this man childless and enter heir to the Government as now established he must be an enemy to Christ there is no other way left but to think on a new Modell moulded according the true Pattern As to the Second we are far less obliged to oune acknowledge the interest of any of the two Monarchs that we have been Mourning under these many years from these Sacred Covenants For as to the first of them Charles the 2. Those Considerations did cassate his Interest as to any Covenant obligation to oune him 1. In these Covenants we are not sworn absolutely to maintain the Kings Person Authority but only Conditionally in the Preservation defence of Religion Liberties Now when this Condition was not performed but on the contrare professedly resolved never to be fulfilled And when he laid out himself to the full of his power Authority for the destuction of that Reformed Religion Liberties of the Kingdom which he solemnly swore to defend when he received the Croun only in the termes that he should be a Loyal subject to Christ and a true faithful Servant to the people in order to which a Magistrate is chosen and all his worth excellency valuableness consists in his answering that purpose for the excellency of a mean as such is to be measured from the end and its answerableness thereunto We were not then obliged to maintain such an enemy to these precious Interests 2. Because as the people were bound to him so he was bound to them by the same Covenant being only on these termes entrusted with the Government All which Conditions he perfidiously broke whereupon only his Authority our Allegiance were founded And thereby we were loosed from all reciprocal obligation to him by virtue of that Covenant 3. Though he and we stood equally engaged to the duties of that Covenant only with this difference that the Kings Capacity being greater he was the more obliged to have laid out that power in causing all to stand to their Covenant Engagments as Iosiah did 2 Chron. 34. 31 32 33. But alas there was never a Iosiah in the race yet he rose up to the hight of rebellion against God and the people in heaven-daring insolency and not only brake but burnt that Covenant and made Lawes to case rescind it and made a not-concurring in this Conspiracy a note of incapacity for any Trust in Church or State. Therefore to plead for an ouning of him in this case were only concludent of this that the Generation had dreamed themselves into such a distraction as may be feared will be pursued with destruction and make such dreamers the detestation of posterity and cause all men Proclaim the righteousness of God in bringing ruine upon them by that very power Authority they ouned in such circumstances 4. It is a known maxime Qui non implet conditionem a se promissam cadit beneficio qui remittit obligationem non potest exigere He that does not fulfill the conditions falls from the benefit of it and whoso remitts the obligation of the party obliged upon condition cannot exact it afterwards So then it is evident that the subjects of Scotland were by King Charles the 2 de his consent yea express command disengaged from so much of that Covenant as could be alledged in favors of himself So that all that he did by burning rescinding these Covenants and pursuing all who endeavoured to adâ—ere to them was a most explicite Liberating his subjects from remission of their Allegiance to him and in this we had been fools if we had not taken him at his word yea he rescinded his very Coronation by an act of his first Parliament after his return which did declare null void all Acts Constitutions establishments from the year 1633 to that present session not excepting those for his oun Coronation after which he was never recrouned And therefore we could not oune that right which himself did annul But as for his Royal Brother Iames the 7 2 we cannot indeed make use of the same reasons arguments to disoune him as we have now adduced yet as we shall prove afterwards this Covenant does oblige to renounce him So it is so clear that it needs no Illustration that there lies no obligation from the Covenant to oune him And also that for this cause we are obliged not to oune him 1. Because as he is an enemy to the whole of our Covenant and especially to these terms upon which Authority is to be ouned therein So he will not come under the bond of this Covenant nor any other compact with the people but intrude himself upon the Throne â—n such a way as overturns the Basis of our Government and destroyes all the Liberties of a free people which by Covenant we are bound to preserve and consequently as inconsistent therewith to renounce his Usurpation For a Prince that will set himself up without any transactions with the people or conditions giving Security for Religion Liberty is an Usurping Tyrant not bounded by any Law but his oun lusts And to say to such an one Reign thow over us is all one as to say come thow and play the Tyrant over us and let thy lust will be a Law to us which is both against Scripture Natural-sense If he be not a King upon Covenant termes either expressly or tacitely or general stipulations according to the word of God Lawes of the Land he cannot be ouned as a father Protector or Tutor having any fiduciary power entrusted to him over the Commonwealth but as a Lawless absolute Dominator assuming to himself a power to rule or rage as he lists whom to oune were against our Covenants for there we are sworn to Maintain his Maj. just Lawful Authority and by consequence not to oune Usurpation Tyranny stated in opposition to Religion Liberty which there also we are engaged to maintain Sure this cannot be Lawful Authority which is of God for God giveth no power against Himself Nor can it be of the people who had never power granted them of God to create one over them with a Liberty to destroy them their Religion Liberty at his pleasure 2. As he is not nor will not be our Covenanted sworn King and therefore we cannot be his Covenanted sworn subjects So
6. pag. 195. in vita Kennethi 3. This continued until the dayes of Kenneth the 3. who to cover his villanous Murder of his Brothers Son Malcolm and prevent his and secure his oun sons succession procured this Charter for Tyranny the settlement of the succession of the next in line from the Parliament which as it pretended the prevention of many inconveniences arising from Contentions Competions about the succession So it was limited by Lawes Precluding the succession of Fools or Monsters and preserving the peoples liberty to shake off the yoke when Tyranny should thereby be introduced Otherwise it would have been not only an irrational surrender of all their oune Rights enslaving the posterity but an irreligious contempt of Providence refusing anticipating its Determination in such a case However it is clear before this time that as none but the fittest were admitted to the Government So if any did usurpe upon it or afterwards did degenerate into Tyranny they took such order with him as if he had not been admitted at all as is clear in the instances of the first Period and would never oune every pretender to hereditary succession 2 As before Kenneths dayes it is hard to reckon the numerous Instances of Kings that were dethroned or imprisoned or slain upon no other account than that of their oppression Tyranny So afterwards they maintained the same power priviledge of repressing them when ever they began to encroach And although no Nation hath been more patient towards bad Kings as well as Loyal towards good ones yet in all former times they understood so well their Right they had and the duty they owed to their oun preservation as that they seldom failed of calling the exorbitantly flagitious to an account And albeit in stead of condoling or avenging the death of the Tyrannous they have often both excused justified it yet no Kingdom hath inflicted severer Punishments upon the Murderers of just righteous Princes And therefore though they did neither enquire after nor animadvert upon those that slew Iames the 3. a flagitious Tyrant yet they did by most exquisite Torments put them to death who slew Iames the 1. a vertuous Monarch Hence because these other instances I mind to adduce of deposing Tyrants may be excepted against as not pertinent to my purpose who am not pleading for exauctoration deposition of Tyrants being impracticable in our case I shall once for all remove that and desire it may be considered 1 That though we cannot formally exauctorate a Tyrant yet he may ipso jure fall from his right and may exauctorate himself by His Law by whom Kings reign and this is all we plead for as a foundation of not ouning him 2 Though we have not the same power yet we have the same grounds and as great good if not greater better reasons to reject disoune our Tyrant as they whose example is here adduced had to depose some of their Tyrannizing Princes 3 If they had power ground to depose them then a fortiori they had power ground to disoune them for that is less inculded in the other and this we have 4 Though it should be granted that they did not disoune them before they were deposed yet it cannot be said that they did disoune them only because they were deposed for it is not deposition that makes a Tyrant it only declares him to be justly punished for what he was before As the sentance of a Judge does not make a man a murderer or Thief only declares him convict of these Crimes punishable for them it s his oun committing them that makes him Criminal And as before the sentance having certain knowledge of the fact we might disoune the Mans innocency or honesty So a Rulers Acts of Tyranny Usurpation make him a Tyrant Usurper and give ground to disoune his just legal Authority which he can have no more than a Murtherer or Thief can have innocency or honesty 3 We find also examples of their disouning Kings undeposed as King Baliol was disouned with his whole race for attempting to enslave the Kingdoms Liberties to forreign power And if this may be done for such an attempt as the greatest Court parasites Sycophants consent what then shall be done for such as attempt to subject the people to Domestick or Intestine Slaverie Shall we refuse to be slaves to one without and be oune our selves contented Slaves to one with in the Kingdom It is known also that King Iames the 1. his Authority was refused by his subjects in France so long as he was a Prisoner to the English there though he charged them upon their Allegiance not to fight against the party who had his person Prisoner They answered they ouned no Prisoner for their King nor owed no Allegiance to a Prisoner Hence Princes may learn though people submit to their Government yet their resignation of themselves to their obedience is not so full as that they are obliged to oune Allegiance to them when either Morally or Physically they are incapacitate to exerce Authority over them They that cannot rule themselves cannot be ouned as Rulers over a people 2. Neither hath there been any Nation but what at one time or other hath furnished examples of this Nature The English History gives account how some of their Kings have been dealt with by their Subjects for impieties against the Law Light of Nature and encroachments upon the Lawes of the Land. Vortigernuâ— was dethroned for incestously marying his oun Sister Neither did ever Blasphemies Adulteries Murders Plotting against the lives of Innocents and taking them away by Poison or Razor use to escape the animadversion of men before they were Priest-ridden unto a belief that Princes persons were sacred And if men had that generosity now this man that now reigns might expect some such animadversion And we find also King Edward Richard the 2. were deposed for Usurpation upon Lawes Liberties in doing whereof the people avowed They would not suffer the Lawes of England to be changed Surely the people of England must now be far degenerate who having such Lawes transmitted to them from their worthy Ancestors and they themselves being born to the possession of them without a Change do now suffer them to be so encroached upon and mancipate themselves leave their Children vassals to Poperie slaves to Tyranny 3. The Dutch also who have the best way of guiding of Kings of any that ever had to do with them witness their having so many of them in Chains now in Batavia in the East Indies are not wanting for their part to furnish us with examples When the King of Spain would not condescend to govern them according to their Ancient Lawes and rule for the good of the people they declared him to be fallen from the Seigniorie of the Netherlands and so erected themselves into a flourishing Common-wealth It will not
grand Interests of the Community must be seen to by Legal Securities for Religion Liberty which is the end use of fundamental Laws Now how these have been unhinged infringed by the introduction present establishment by Law of that Monster of the prerogative enacted in Parliament Anno 1661. the Apologetick Relation doth abundantly demonstrate Sect. 10. Concerning the Kings Civil Supremacy enhancing all the Absoluteness that ever the Great Turk could arrogate and yet far short of what hath been Usurped since and impudently proclaimed to the world especially by him who now domineers in his Challenges of Soveraign Authority prerogative Royal Absolute Power which all are to obey without reserve whereby the whole basis of our Constitution and Bulwark of our Religion Laws Liberties is enervated and we have security of no Law but the Kings lust Hence I argue Those Princes that contrary to their virtual compact at least at their coming to the Crown have overturned all fundamental Laws cannot be ouned But our Princes have contrary to their virtual compact at least at their coming to the Crown overturned all fundamental Laws Ergo they cannot be ouned The Major is plain for they that overturn fundamental Laws are no Magistrats thereby all the ends of Government being subverted and the subverter cannot be ouned as a Father or friend but an open enemy to the Common-wealth nor looked upon as Magistrats doing their duty but as Tyrants seeking themselves with the destruction of the Common-wealth And in this case the compact the ground of the Constitution being violated they fall from their right and the people are Liberated from their obligation and they being no Magistrats the people are no subjects for the relation is mutual and so is the obligation Ius populi chap. 9. pag. 183. The Minor is manifest both from the matter of fact and the Mischiefs framed into Laws by the Soveraign Authority Prerogative Royal Absolute Power foresaid whereby what remains of our fundamental Constitutions either in Religious or Civil Settlements unsubverted as yet may be subverted when this Absolute Monarch pleases Which Absolute Authority we cannot in conscience oune for these Reasons taken both from Reason Scripture First it s against Reason 1. A power contrare to Nature cannot be ouned Absolute power is such for that which takes away and makes the people to give away their Natural power of preserving their lives Liberties and sets a man above all rule Law is contrare to Nature such is Absolute power making people resign that which is not in their power to resign an absolute power to destroy Tyrannize 2. A power contrare to the first rise of its Constitution cannot be ouned Absolute power is such for The first rise of the Constitution is a peoples seting a Soveraign over them giving him Authority to administer justice over them But it were against this to set one over them with a power to rage at randome and rule as he lists It s proven before a King hath no power but what the people gave him but they never gave never could give an absolute power to destroy themselves 3. That power which is against the ends of Government cannot be ouned Absolute power is such for that which will make a peoples condition worse then before the Constitution and that mean which they intended for a blessing to turn a plague scourage to them and all the subjects to be formal slaves at the Princes devotion must needs be contrare to the ends of Government But Absolute power is such for against the exorbitance thereof no means would be left to prevent its obstructing all the fountains of Justice and commanding Laws Lawyers to speak not justice righteousness reason but the lust pleasure of one man and turning all into Anarchy confusion Certainly it could never be the intention either of the work or workers at the Constitution of Government to set up a power to enslave the people to be a Curse to them but their ends was to get comfort safety Liberty under the shadow of Government 4. That power which invalidates and is inconsistent with the Kings compact with the people cannot be ouned Absolute Power is such for the tenor of that is alwise to secure Laws Liberties to rule according to Law but to be Absolute invalidates is inconsistent with that That which were an engagment into Contradictories cannot consist with that compact but to engage to be absolute and yet to rule by Law is an engagment into Contradictories which no people could admit for a security It s inconsistent with this compact to give the King Absolute Power to overturn Religion Liberty and to assume it which was never given were to invalidate this compact and to make himself no King but to restore unto the people the power they conferred upon him for the defence of Religion Liberty 5 That power which is not from God nor of God cannot be ouned But Absolute Power is not of God because it is a power to Tyrannize Sin which if it were of God He should be the Author of Sin for if the Moral Power be of God so must the acts be but the acts of Absolute Power being Lawless cannot be from God Ergo neither the Moral Power to commit these acts 6. That Ruler who cannot be Gods Minister for the peoples good cannot be ouned for that is the formal reason of our consfiencious subjection to Rulers Rom. 13. 4 5. But Absolute Soveraigns are such as cannot be Gods Ministers for the peoples good for if they be Gods Ministers for good they must administer justice preserve peace rule by Law take directions from their Master and if so they cannot be absolute 7. A Tyrant in actu signato exercito cannot be ouned But an Absolute Prince is such being a power that may play the Tyrant if he pleases and jure as King And so if Kings be actu primo Tyrants then people are actu primo Slaves and so Royal Power cannot be a blessing to them yea a Lawless breaker of all bonds promises Oaths cannot be ouned as Lawful Power But Absolute Power is such for it cannot be limited by these Obligations at least people cannot have any seurity by them 8. A Lawless Power is not to be ouned An Absolute Power is a Lawless power Ergo not to be ouned The Major is plain Cicero sayes Lib. 2. de officio Eadem constituendarum Legum causa fuit quae Regum The reason of making Lawes was the same as of the creation of Kings And Buchanan de jure Regni very excellently when the lust of Kings was in stead of Laws and being vested with an infinite immoderate power they did not contain themselves within bounds the insolency of Kings made Laws to be desired for this cause Laws were made by the people and Kings constrained to make use not of their Licencious wills in judgment but of
change his children nor they change their Father but a King may naturalize new subjects and subjects may also change their Soveraign Royalists will grant a State or Common-wealth way make a King and there is great reason sometimes that a Monarchy be turned into a Common-wealth but a Tyrant changes those that are under him expells the natives brings in forreigners and all good Patriots do pant for a Change of him every day 7. A Father hath no power of life death over his Children a King hath it over his subjects according to Law a Tyrant Usurps it over the innocent against Law. 8. A Father is not a Father by consent of his Childeren as a King is by consent of his subjects a Tyrant is neither a Father with it nor without it 9. A Father is not made by the Children as a King is by his subjects as was shewed a Tyrant is neither a Natural nor by compact but a self created power 10. A Father is not chosen conditionally upon compact as a King is by the free suffrages of the Community A Tyrant in this Differs from a King that he is not chosen and in Tyranny from a Father 11. Children wanting a Father cannot choose whom they will to be their Father as subjects wanting a King may choose whom they will and what form they please but though they can yet if they be rational they will never choose a Tyrant nor a Tyrannical form of Government 12. Children cannot restrict their Fathers power to what degrees they please as subjects may limit their Kings at their first erection but a Tyrant though he ought yet he will not be limited and if he might he should be restrained 13. Children cannot set bounds how long they will have their Fathers to continue Subjects may condescend upon the time in making Laws how long such an one shall be their Soveraign ad vitam or ad culpam according as the fundamental Law is made at first Tyrants ought every day to be repressed that they should not continue at all Yet giving and not granting that a King were to be ouned under the relation of a Father though every man be bound to oune mantain his Fathers parental Authority yet let the case be put that the Father turns a Robber murderer an avowed enemy to God and the country is his person Authority in that case to be ouned to the dishonour of God and hurt hazard of the country or ought he not rather to be delivered up even by the Son to Justice Much more then will it follow that a King who turns the more dangerous because the more powerfull Robber Legal Murderer and enemy to God the country cannot be ouned seeing the relation betwixt Father Son is stronger stricter as having another Original than can be betwixt King subjects and stands unremoved as long as he is Father though turning such they ought to contribute in moral duty to which their relative duty must cede that he should no more be a Father nor no more a living man when dead by Law. Secondly They cannot come under the herile or Masterly relation though Analogically also sometimes they are stiled so and subjects are called Servants by reason of their subjection and because it is the Office of Kings to command subjects to obey in this there is some Analogy But Kings cannot properly be ouned under this relation as Masters over either persons or goods of subjects far less Tyrans yea Kings assuming a Masterly power turn Tyrants Now that the Magistratical relation is not that of a Master is clear from many disparities absurdities whether we consider the state of hired Servants or Slaves For hired Servants the difference is vast betwixt them subjects 1. The hired Servant gets reward for his service by compact the subjects none but rather gives the Royal reward of Tribute to the King for his service the Tyrant exacts it to maintain his Tyranny 2. The hired Servant is maintained by his Master the subjects maintain the King the Tyrant Robbes it from them by force 3. The hired Servant bargains only for a time and then may leave him the subject cannot give up his Covenanted allegiance at that rate and for these reasons as the servant may his service a Tyrant wil make nor keep no such bargain 4. The hired Servant must have his Masters profit mainly before his eyes and his oun only secundarly but the Magistrates power is primarly ordinated to the publick good of the Community and only consequentially to the good of himself 5. The Master hath a greater power over the hired Servant to make give out Lawes to him which if they be Lawful he must obey than the King hath over the Nation to which he is not the sole Lawgiver as is shewed 6. The hired Servant his subjection is Mercenary servile but the subjects subjection is civil free voluntary liberal â—oving to a Lawful King. Again for Slaves the difference between them subjects is great 1. Slavery being against Nature rational people would never choose that life if they could help it but they gladly choose Government Governours 2. Slavery would make their condition worse then when they had no Government for Liberty is alwise preferable Neither could people have acted rationally in seting up Government if to be free of oppression of others they had given themselves up to slavery under a Master who may do what he pleases with them 3. All Slaves are either taken in war or bought with money or born in the house where their parents were slaves as Abraham Solomon had of that sort But subjects are neither captives nor bought nor born slaves 4. Slavery is not Natural but a penal fruit of sin and would never have been if sin had not been But Government is not so but Natural necessary 5. Slaves are not their Masters brethren subjects are the Kings brethren over whom he must not lift up himself Deut. 17. 20. 6. Masters might purchase and sell their slaves Abimelech took sheep men servants gave them unto Abraham Gen. 20. 14. Iacob had maid servants men servants Asses Gen. 30. 43. no otherwise than other goods Solomon got to himself servants and maidens servants born in his house Eccles. 2. 7. a King cannot do so with his subjects 7. Princes have not this power to make the people slaves neither from God nor from the people From God they have none but to feed and to lead them 2 Sam. 5. 2. to rule them so as to feed them 1 Chron. 11. 2. Psal. 78. 71 72. From the people they have no power to make slaves they can give none such 8. Slavery is a Curse It was Canaans Curse to be a servant of servants Gen. 9. 25. but to have Magistrats is a promised blessing Ier. 17. 27. 9. To be free of Slavery is a blessing as the redemption from Egypts bondage is every
where called and the year of redemption was a Iubile of joy so the freedom of release every seven years a great priviledge Ier 34. 9. but to be free of Government is a judgment Isai. 3. 4 5. it s threatened Israel shall abide without a King without a Prince Hos. 3. 4. In the Next place they cannot be ouned as Masters or Proprietors over the goods of the subjects thâ— in the case of necessity the King may make use of all goods in common for the good of the Kingdom For 1. The introduction of Kings cannot overturn natures foundation by the Law of Nature property was given to man Kings cannot rescind that 2. A man had goods ere ever there was a King a King was made only to preserve property therefore he cannot take it away 3. It cannot be supposed that rational people would choose a King at all if he had power to turn a greater Robber to preserve them from lesser Robberies oppressions would rational men give up themselves for a prey to one that they might be safe from becoming a prey to others 4. Then their case should be worse by erecting of Government if the Prince were proprietor of their goods for they had the property themselves before 5. Then Government should not be a blessing but a curse and the Magistrate could not be a Minister for good 6. Kingdoms then should be among bona fortunae the goods of fortune which the King might sell dispone as he pleased 7. His place then should not be a function but a possession 8. People could not then by their removes or otherwise change their Soveraigns 9. Then no man might dispose of his oun goods without the Kings consent by buying or selling or giving almes nay nor pay tribute for they cannot do these things except they have of their oun 10. This is the very Character of a Tyrant as described 1 Sam. 8. 11. he will take your sons c. Zeph. 3. 3. her Princes are roaring Lyons her Iudges are evening Wolves 11. All the threatenings rebukes of oppression condemn this Isai. 3. 14. 15. Ezek. 45. 9. Mic. 3. 2 3. Ahab condemned for taking Naboths vineyard 12. Pharaoh had not all the Land of Egypt till he bought it Gen. 42. 20. So the Land became Pharaohs not otherwise Yet giving and not granting that he were really a Master in all these respects Notwithstanding if he turn to pursue me for my life because of my fidelity to my Master his both will withdraw me from the service of the Supreme Universal Master I may Lawfully withdraw my self from his and disoune him for one when I cannot serve two Masters Sure he cannot be Master of the conscience Thirdly They cannot come under the conjugal relation though there may be some proportion between that and subjection to a Lawful Ruler because of the Mutual Covenant transacted betwixt them but the Tyrant Usurper cannot pretend to this who refuse all Covenants Yet hence it cannot be inferred that because the wife may not put away her husband Or renounce him as he may do her in the case of Adultery therefore the people cannot disoune the King in the case of the violation of the Royal Covenant For the Kings power is not at all properly a husbands power 1. The wife by nature is the weaker vessel but the Kingdom is not weaker than the King. 2. The wife is given as an help to the man but here the man is given as an help to the Common-wealth 3. The wife cannot limit the husbands power as subjects may limit their Soveraigns 4. The wife cannot prescribe the time of her continuing under him as subjects may do with their Soveraigns 5. The wife cannot change her husband as a Kingdom can do their Government 6. The husband hath not power of life death but the Soveraign hath it over Malefactors Yet giving and not granting his power were properly Marital if the case be put that the man do habitually break the Marriage Covenant or take another wife and turn also Cruel intollerable in compelling his oun wife to wickedness and put the case also that she should not get a Legal divorce procured who can doubt but she might disoune him and leave him for this case is excepted out of that Command 1 Cor. 7. 10. let not the wife depart from her husband meaning for mere difference in Religion or other lesser causes but Adulterie doth annual the Marriage relation See Pool Synopsis Critic in Locum So when a Prince breaks the Royal Covenant and turns Tyrant or without any Covenant committs a rape upon the Common-wealth that pretended relation may must be disouned Hence we see there is no relation can bring a King or Ruler under the object of the duty of the fifth Command except it be that of a fiduciary Patron or Trustee and Publick Servant for we cannot oune him properly either to be a Father or a Master or a husband Therefore what can remain but that he must be a fiduciary Servant Wherefore if he shall either treacherously break his trust or presumptously refuse to be entrusted upon terms conditions to secure be accountable for before God man Religion Liberty we cannot oune his usurped Authority That Metaphore which the learned Buchanan uses de Iure Regni of a Publick Politick Phisician is not a relation different from this of a fiduciary Servant when he elegantly represents him as entrusted with the preservation restauration of the health of the politick body and endued with shill experience of the Laws of his Craft If then he be orderly called unto this charge and qualified for it and discharges his duty faithfully he deserves and we are obliged to give him the deference of an honoured Physician But if he abuse his Calling and not observe the rules thereof and in stead of curing go about wilfully to kill the body he is entrusted with he is no more to be ouned for a Physician but for a Murderer 9. If we inquire further into the nature of this Relation between a King whose Authority is to be ouned and his subjects we can oune it only as it is Reciprocal in respect of Superiority Inferiority that is whereby in some respects the King is Superior to the people and in some respects the people is Superior to him The King is Superior Supreme as he is called 1 Pet. 2. 13. in respect of formal Soveraignty and executive Authority and Majestick Royal dignity resulting from the peoples devolving upon him that Power and constituting him in that relation over themselves whereby he is higher in place power than they and in respect of his Charge conduct is worth ten thousands of the people 2 Sam. 18. 3. and there is no formally regal Tribunal higher than his And though he be Minor universis yet he is Major singulis greater than any one or all the people distributively taken And
conveen to ask a King 1 Sam. 8. And without any head or superior they convene make David King notwithstanding of Isbosheths hereditary right Without against Tyrannous Athaliah her consent they convene make Ioash King and cared not for her Treason Treason 2 King. 11. But now the king alone challenges the Prerogative-power of calling dessolving Parliaments as he pleases and condemns all meetings of Estates without his warrant which is purely Tyrannical for in cases of necessity by the very Law of nature they may must convene The Power is given to the king only by a positive Law for orders sake but otherwise they have an intrinsical Power to assemble themselves All the forecited Commands Admonitions Certifications to execute Iudgement must necessarly involve imply Power to convene without which they could not be in a Capacity for it Not only unjust Judgement but no Iâ—dgement in a time when Truth is fallen in the streets equity cannot enter is charged as the sin of the State therefore they must convene to prevent this sin and the wrath of God for it God hath committed the keeping of the Common-wealth not to the king only but also to the peoples Representatives heads And if the king have Power to break up all Conventions of this nature then he hath Power to hinder Judgement to proceed which the Lord Commands And this would be an excuse when God threatens vengeance for it we could not execute Iudgement because ehe King forbad us Yet many of these forementioned reproofs threatenings certifications were given in the time of Tyrannous Idolatrous kings who no doubt would inhibite discharge the doing of their duty yet we see that was no excuse but the Lord denounces wrath for the omission 4 They had Power to execute Judgement against the will of the Prince Samuel killed Agag against Sauls will but according to the Command of God 1 Sam. 15. 32. Against Ahabs will mind Elijah caused kill the Priests of Baal according to Gods express Law 1 King. 18. 40. It is true it was extraordinary but no otherwise than it is this day when there is no Magistrate that will execute the Judgment of the Lord then they who have Power to make the Magistrate may ought to execute it when wicked men make the Law of God of none effect So the Princes of Iudah had power against the kings will to put Ieremiah to death which the king supposes when he directs him what to say to them Ier. 38. 25. They had really such a Power though in Ieremiahs case it would have been wickedly perverted See Lex Rex Q. 19. 20. 5 They had a power to execute Judgement upon the king himself as in the case of Amaziah Uzziah as shall be cleared afterwards I conclude with repeating the Argument If the king be accountable whensoever this Account shall be taken we are confident our disouning him for the present will be justified and all will be obliged to imitate it If he be not then we cannot oune his Authority that so presumptously exalts himself above the People 10. If we will further consider the nature of Magistracy it will appear what Authority can conscienciously be ouned to wit that which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potestas not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Potentia Authorized Power not Might or force Moral Power not merely Natural There is a great difference betwixt these two Natural Power is common to brutes Moral Power is peculiar to men Narural Power is more in the Subjects because they have more strength force Moral Power is in the Magistrate they can never meet adequately in the same subject Natural power can Moral only may warrantably exercise rule Natural power is opposed to impotency weakness Moral to illicitness or unlawfulness Natural power consists in strength Moral in righteousness Natural power may be in a Reut of Rogues making an uproar Moral only in the Rulers they cannot be distinguished by their acts but by the Principle from which the acts proceed in the one from meer force in the other from Authority The Principle of Natural power is its oun might will and the end only self Moral hath its rise from positive Constitution and its end publick safety The strength of Natural power lies in the Sword whereby its might gives Law the strength of Moral power is in its Word whereby reason gives Law unto which the Sword is added for punishment of Contraveners Natural power takes the Sword Math. 26. 52. Moral bears the Sword Rom. 13. 4. In Natural power the Sword is the Cause in Moral it is only the Consequent of Authority In Natural power the Sword legitimates the Scepter in Moral the Scepter legitimates the Sword The Sword of the Natural is only backed with Metal the Sword of the Moral power is backed with Gods warrant Natural power involves men in passive subjection as a traveller is made to yeeld to a Robber Moral power reduces to Consciencious subordination Hence the power that is only Natural not Moral Potentia not Potestas cannot be ouned But the power of Tyrants Usurpers is only Natural not Moral Potentia not Potestas Ergo it cannot be ouned The Major cannot be denied for it is only the Moral Power that is ordained of God unto which we must be subject for Conscience sake The Minor also for the Power of Tyrants is not Moral because not Authorized nor warranted nor ordained of God by His preceptive Ordinance and therefore no Lawful Magistratical Power For the clearer understanding of this let it be observed there are four things required to the making of a Moral or Lawful Power the matter of it must be Lawful the Person Lawful the Title Lawful and the Use Lawful 1. The matter of it about which it is exerted or the work to be done by it must be Lawful warranted by God and if it be unlawful it destroyes its Moral being As the Popes power in dispensing with Divine Laws is null no Moral Power And so also the Kings power in dispensing with both Divine humane Laws is null Hence that power which is in regard of matter unlawful and never warranted by God cannot be ouned But absolute power which is the power of Tyrants Usurpers particularly of this of ours is in regard of matter unlawful never warranted by God Ergo 2. The Person holding the power must be such as not only is capable of but competent to the tenure of it and to whom the holding of it is allowed and if it be prohibited it evacuates the Morality of the power Korah his Company arrogated to themselves the Office of the Priesthood this power was prohibited to them their power then was a nullity As therefore a person that should not be a Minister when he usurps that office is no Minister So a person that should not be a Magistrate when he usurps that Office is no
a Conveyance as they thought most contributive for this end When therefore Princes cease to be what they could be constitute for they cease to have an Authority to be ouned but ceasing to answer these ends of Government they cease to be what they could be constitute for 5. For no other end were Magistrates limited with Conditions but to bound them that they might do nothing against the peoples good safety Whosoever then breaking through all legal limitations shall became injurious to the Community lists himself in the number of enemies and is only to be looked upon as such 6. For this end all Laws are ratified or rescinded as they conduce to this end which is the soul reason of the Law then it is but reason that the Law establishing such a King which proves an enemy to this should be rescinded also 7. Contrary to this end no Law can be of force if then either Law or King be prejudicial to the Realme they are to be abolished 8. For this end in cases of necessity Kings are allowed sometimes to neglect the Letter of the Laws or private Interests for the safety of the Community but if they neglect the publick safety and make Laws for their oun Interests they are no more Trustees but Traitors 9. If it were not for this end it were more eligible to live in deserts than to enter into Societies When therefore a Ruler in direct opposition to the ends of Government seeks the ruine not only of Religion but also of the peoples safety he must certainly forfeit his right to reign And what a vast as well as innocent number have for Religion and their adherence to their fundamental rights been ruined rooted out of their families Possessions oppressed persecuted Murdered destroyed by this and the deceased Tyrant all Scotland can tell and all Europe hath heard If ever the ends of Government were perverted subverted in any place Britain is the stage where this Tragedy hath been acted 13. I may argue from the Covenant that to oune this Authority is contrary to all the Articles thereof 1. That Authority which overturns the Reformation of Religion in Doctrine Worship Discipline Government which we are sworn to preserve against the Common Enemies thereof in the first Art. cannot be ouned But the present pretended Authority overturned and continues more to overturn the Reformation of Religion c. Ergo it cannot be ouned for against what common enemy must we preserve it if not against him that is the chief Enemy thereof and how can we oune that Authority that is wholly employed applied for the destruction of Religion 2. If we are obliged to exstirpate Poperie without respect of persons lest we partake in other mens sins then we are obliged to exstirpate Papists without respect of persons and consequently the head of them For how otherwise can Poperie be exstirpated or how otherwise can we cleanse the Land of their sins But in the 2d Art. we are obliged to exstirpate Poperie without respect of persons lest we partake in other mens sins Ergo we are obliged to exstirpate Papists without respect of Persons and consequently the Crowned Iesuite and therefore cannot oune him for how can we oune him whom we are bound to exstirpate 3. If we be engaged to preserve the Rights Liberties of Parliaments and the Liberties of the Kingdoms and the Kings Authority only in the preservation defence of the true Religion Liberties of the Kingdoms then we cannot oune his Authority when it is inconsistent with opposite to destructive of all these precious Interests as now it is with a witness But in the 3. Art. we are engaged to preserve the Rights Priviledges of Parliaments the Liberties of the Kingdoms and the Kings Authority only in the preservation defence of the true Religion Liberties of the Kingdoms Ergo. All allegiance that we can oune to any man must stand perpetually thus qualified in defence of Religion Liberty that is so far as it is not contrary to Religion Liberty and no further for if it be destructive of these it is null If we should then oune this man with this restricted allegiance and apply it to his Authority as we must apply it to all Authority that we can oune it were to mock God the world and oune Contradictions for can we maintain the Destroyer of Religion in defence of Religion And the Destroyer of all our rights Liberties and all our legal securities for them in the preservation of these rights Liberties that were pure Non-sense 4. If we be obliged to endeavour that all Incendiaries Malignants c. be brought to condign punishment then we cannot oune the Authority of the head of these Incendiaries malignant Enemies But in the 4. Art we are obliged to endeavour that all Incendiaries Malignants c. be brought to Condign Punishment Ergo The Connexion of the Major cannot well be doubted for is it imaginable that the head of that unhallowed Party the Great malignant Enemy who is the spring gives life unto all these Abominations shall be exempted from punishment or ouned for a Sacred Majestie shall we be obliged to discover and bring to Justice the litle petty Malignants and this implacably stated Enemy to Christ escape with a Crown on his head Nay we are by this obliged if ever we be in case to bring these stated Enemies to God the Country to condign punishment from the highest to the Lowest And this we are to do as we would have the anger of the Lord turned away from us which cannot be without hanging up their heads before the Lord against the sun as was done in the matter of Peor Numb 25. 4. For hath not he his Complices made the Kingdom a Curse and we with our oun consent have made our selves obnoxious to it if we do not procure each in our Capacities and pursue these Traitors Rebells that the Judgment of the Lord be executed upon the accursed 5. No wilful oâ—poser of Peace union between the Kingdoms is to be ouned but according to the 5. Art. we are obliged to endeâ—vour that Justice be done upon him But this man his brother have been wilful opposers of Peace union between the Kingdoms all true Peace union except an union in Confederacy against the Lord for they have taken Peace from both the Kingdoms and destroyed annulled that which was the bond of their union viz. the Solemn League Covenant 6. If we are obliged to assist defend all those that enter into this League Covenant in the maintaining pursuing thereof and never to suffer our selves to be divided to make defection to the contrary part c. According to the 6 Art. Then we must not oun the Butcher of our Covenanted Brethren who hath imbrued â—is hands in their blood in the maintaining pursuing thereof and would have us
smitten by him Authoritatively whom therefore he did threaten with the judgment of God it were wicked to think that he would retract that threatening which he pronunced by the Spirit of God. And therefore this place confirms my Thesis If a Tyrannical Judge acting contrary to Law is not to be known or acknowledged to be a Ruler but upbraided as a whited wall Then a Tyrant is not to be known or acknowledged as such But the former is true from this place Therefore also the latter Paul knew well enough he was a Judge and knew well enough what was his duty to a Judge that he should not be reviled but he would not acknowledge this Priest to be a Judge or retract his threatening against him 2. He is of God ordained of God I proved before Tyrants are not capable of this yea it were blasphemy to say they are Authorized or Ordained of God by His Preceptive Will. Hence take only this Argument All Rulers that we must oune are ordained of God do reign are set up by God Prov. 8. 15. for that this place are paralell But Tyrants do not reign nor are set up by God Hos. 8. 4. They are set up saith the Lord but not by me Ergo we cannot oune them to be ordained of God. 3. Whosoever resisteth this power ordained of God resisteth the Ordinance of God and they that resist shall receive to themselves damnation vers 2. This cannot be ouned of a Tyrant that it is a damnable sin to resist him for it is duty to resist also repress him as is proven already and shall be afterwards Hence whatsoever Authority we oune subjection to we must not resist it But we cannot oune that we must not resist this Authority therefore we cannot oun it at all Again That cannot be the power not to be resisted which is acquired improved by resisting the Ordinance of God But the power of Usurpers Tyrants is acquired improved by resisting the ordinance of God Ergo their power cannot be the power not to be resisted The Major is manifest for when the Apostle sayes the resisting of the power bring damnation to the resister certainly that resistance cannot purchase Dominion instead of damnation And if he that resists in a lesser degree be under the doom of damnation then certainly he that does it in a greater degree so as to complete it in puting himself in place of that power which he resisted cannot be free The Minor is also undenyable for if Usurpers acquire their power without resistence forcible sensible it is because they that defend the power invaded are wanting in their duty but however Morally the Tyrant or Usurper is alwayes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or in contrary order to a Lawful Power 4. Rulers are not a terror to good works but to the evil and they that doe that which is good shall have praise of the same vers 3. This is the Character duty of righteous Magistrates though it be not alwayes their Administration But an Usurper Tyrant is not capable or susceptible of this Character but on the contrary is must be a terror to good works and a praise to the evil for he must be a Terror to them that would secure their rights Liberties in opposition to his encroachments which is a good work he must be a fautor Patron Protector of such as encourage maintain him in his Usurpation Tyranny which is an evil work And if he were a terror to the evil then he would be a terror to himself all his Complices which he cannot be Therefore that power which is not capable of the duties of Magistrates cannot be ouned But the Power of Tyrants Usurpers is such Ergo We find in Scripture the best Commentare on this Character where the duties of a Magistrate are described They must justify the righteous condemn the wicked Deut. 27. 1. They must as Iob did deliver the poor that cry and put on righteousness as a cloathing and be eyes to the blind feet to the lame and a Father to the poor and break the Jawes of the the wicked Iob 29. 12-17 Their Throne must be established by righteousness Prov. 16. 12. a King sitting on the Throne of Judgement must scatter away all evil with his eyes then Mercy Truth will preserve him and his Throne is upholden by Mercy Prov. 20. 8 28. But Tyrants have a quite contrary Character The Throne of iniquity frames Mischief by a Law and condemns the innocent blood Psal. 94. 20. 21. They judge not the fatherless neither doeth the cause of the widow come unto them Isai. 1. 23. They build their house by unrighteousness their chambers by wrong and use their neighbours service without wages Ier. 22. 13. They oppress the poor crush the needy Amos 4. 1. They turn judgement to Gall the fruit of righteousness to hemlock and say have we not taken horns to as by our oun strength Amos 6. 12 13. These contrary Characters cannot consist together 5. He is the Minister of God for good vers 4. not by Providential Commission as Nebuchadnezzar was and Tyrants may be eventually by the Lord making all things turn about for the good of the Church but he hath a Moral Commission from God is entrusted by the people to procure their Publick Politick good at least Now this and Tyranny Usurpation are together inconsistible for if Tyrants Usurpers were Ministers for good then they would restore the publick personal Rights and rectify all wrongs done by them but then they must surrender their Authority and resign it or else all rights cannot be restored nor wrongs rectified Hence these that cannot be ouned as Ministers of God for good cannot be ouned as Magistrates But Tyrants Usurpers and in particular this Man are such as cannot be ouned as Ministers of God for good Ergo Again If Magistracy be alwise a blessing and Tyranny Usurpation alwise a Curse then they cannot be ouned to be the same thing and the one cannot be ouned to be the other But Magistracy or the right-ful Magistrate is alwise a blessing Tyranny Usurpation or the Tyrant Usurper alwise a curse Ergo That the former is true these Scriptures prove it God provides him for the benefite of His people 1 Sam. 16. 1. a just Ruler is compared to the light of the morning when the sun riseth even a morning without Clouds 2 Sam. 23. 4. So the Lord exalted Davids Kingdom for His people Israels sake 2 Sam. 5. 12. because the Lord Loved Israel for ever therefore made He Solomon King to do judgement Justice 1 King. 10. 9. when the righteous are in Authority the people rejoice the King by Judgement stabilisheth the Land Prov. 29. 2 4. The Lord promises Magistrates as a special blessing Isai. 1. 26. Ier. 17. 25. and therefore their continuance is to be praye◠for that we
a Papist except upon supposition of his repentance relinquishing Poperie We must pray nothing but according to the Wil of God and it is not the Wil of God that they that have keep will not part with the Mark of the beast should be saved for he is adjudged of God to drink of the wine of His wrath Revel 14. 9 10. So we cannot pray for him as a Christian which he is not Nor as a Papist except that he may get repentance Nor can we pray for him as a King which he is not nor as a Tyrant except that he may repent of relinquish his Tyranny Usurpation for Tyrants as such cannot be saved no more than Papists as such for Tophet is ordained of old yea for the King it is prepared Isai. 30. 33. We cannot then pray for his salvation except we pray for his repentance and relinquishing all his sins and so we must pray for his relinquishing his Kingship and that he may cease to be King for that is his sin that he hath made himself King without God and against the Laws of the Land. And now whilâ— he continues such we must complain in prayer not for his Misgovernment only but for that he Governs and desire to be delivered from him See Gees Magistrates Original pag. 258. But now considering what a Man and what a King he hath been guilty of Murder Adulterie Idolatrie under sentence of the Law both of God Man We can pray no otherwise for him than for a Murderer Adulterer or an Idolater We cannot pray for him as Cloathed with Authority or that the Lord may bless his Government for that is his sin our Miserie that he is a Governour And his Throne is a Throne of iniquity which we dare not pray may have fellowship with God. Can we pray that God would bless him on a Throne of iniquity Could we pray that the Lord would bless a Drunkard in his drunkenness abusing his enjoyments Or a Thief in Stealing his though he used his purchase never so soberly What if prevailing Robbers by Land or pyrats by sea preying upon all passengers should require this as the sign of subjection to them and only condition whereupon such as they apprehended overcame should be suffered to live that they should pray for preservation prosperity to them Would not this be wickedness thus to pray for Thieves Robbers And are not Tyrants the greatest of Thieves that rob destroy twenty for one of private Robbers And do they not require this as such a sign on such a Condition 6. Lastly then the plea will be reduced to this that it is exacted as a Badge of Loyaltie and Sign Tessera Sbibboleth of ouning the Authority Which I have at this length endeavoured to prove cannot be conscienciously Ouned by us in these circumstances And even by this Argument That Authority which we cannot pray for we cannot oune But we cannot pray for this Tyrannical Authority Ergo The Minor I trust is in some measure made manifest by what is said above And so I conclude this Head with that forme of prayer that I use for the King. O Lord God to whom vengeance belongeth shew thy self lift up thy self thow Iudge of the Earth render a reward to the proud Lord how long shall the wicked how long shall the wicked Triumph Shall the Throne of iniquity have fellowship with thee that Frameth Mischief by a Law The Mighty Terrible God destroy all Kings people that put to their hand to alter destroy the House of God. Overturn Overturn Overturn this Throne of Tyraâ—ny and let it be no more until he come whose right it is HEAD III. The Refusing to Swear Subscribe the many unlawful imposed Oaths for which many have suffered great Cruelties Chiefly that of Abjuration which was the Cause of Several their Suffering to Death Vindicated ANother Great Head of Grievous Sufferings in this fatal Period hath been that during this Stated War between Christ and His Enemies in Scotland He hath no wanted Witnesses who in their Wrestlings for the Word of God and the Testimony which they held thought it their duty to refuse all illegally imposed wickedly required Transactions with His Declared Enemies and tampering any manner of way with them in taking or subscribing any of their conscience-conzening Impositions of deceitful destructive Bonds Oaths obtruded by men who have cast off all sense of a Deity or regard to Humanity upon the Consciences of poor people to debauch them and cast them doun from the only excellency or integrity that was left them Whereby though they have missed of their design as to some who through grace have escaped the snares of these fowlers and in resisting have overcome through the blood of the Lamb they have prevailed to inveigle the Generality even of the Professors of this Generation into such a degree of defection wretched Complyance with all their snares that as it Prognosticates universal desolation ineluctable if it be not prevented by Repentance as universal as the Complyance hath been So it proclaims the infamy of the Complyers perjurie as indeleble as their perfidie with whom they have complyed The Consideration of which woful Apostacie in its various steps by which it hath been propogated promoted ought to deter demur all the fearers of God that would not partake of its threatened punishment from venturing any more to come near the brink or border of such precipices and paths of the destroyer when so many have stumbled fallen been hooked snared taken yea not so much as to look near them lest they be left to follow their look but to stand aloof from every appearance of Transacting with these Man-Catchers yea Conscience-Catchers who are so cunning to ensnare destroy as their predicessors to whose sins Judgments also they serve themselves heirs are described by the Holy Ghost Ier. 5. 26. 29. They lay wait as he that setteth snares they sct a trap they catch men their houses are full of deceit therefore they are become great waxen rich shall I not visite for these things saith the Lord Many and manifold have been the snares traps gins laid in the way of Professors of this Generation Nation by these Mischief-hatchers these keen cunning persecuters the party now regnant or rather raging in madness malice against Christ and all that are Loyal zealous for His Interest against their Encroachings thereon Where by they have caught cozened many out of their Conscience have broken the neck of some the Peace of others the heart of not a few Yea no Nation can be instanced wherein so many Oaths Bonds have been imposed on peoples Consciences so nawseating for naughtyness number as well as noxious in their nature in an Age as have been in Scotland within these 27 years past on design to wast all remainder of Conscience or
the Remnant that He may get a lodging among the afflicted poor people that trust in the Name of the Lord that they may feed Lie doun none make them afraid Zeph. 3. 12 13. that the poor of the flock that wait on Him may know that it is the Word of the Lord Zech. 11. 11. they will lay out themselves to strengthen their hands This is the Work of the publick spirited Lovers of the Gospel which hath been and yet is the great work of this our day to carry the Gospel and follow it and keep it up through the Land as the Standart of Christ against all opposition from mountain to hill when now Zion hath been Labouring to bring forth as a woman in travel and made to go forth out of the City and to dwell in the field Mic. 4. 10. Therefore seeing it is the publick Work of the day and all its followers must have such a publick spirit it followes that the Meetings to promote it must be as publick as is possible 4. The Interest priviledge of the Gospel to have it in freedom purty power plenty is the publick Concern of all the Lords people preferable to all other Interests and therefore more publickly peremptorly and zealously to be contended for than any other Interest whatsoever It is the Glory of the Land 1 Sam. 4. 21. without which Ichabod may be the name of every thing and every Land though never so pleasant will be but a dry parched Land where no water is in the esteem of them that have seen the Lords Glory power in the Sanctuary Psal. 63. 1. Where as its name is Hephzibah Beulah Isai. 62. 4. and Iehovah-Shammah Ezek. 48. ult where God is enjoyed in His Gospel Ordinances And the want reproach of the Solemn Assemblies is a matter of the saddest mourning to the Lords people Zeph. 3. 18. Therefore while the Ark abode in Kerjath-jearim the time was thought very Long and all the house of Israel Lamented after the Lord 1 Sam. 7. 2. then they heard of it at Ephratah and found it in the fields of the Wood Psal. 132. 6. But it hath been longer than twenty years in our fields of the Woods and therefore we should be Lamenting after it with greater concernedness especially remembering how we were priviledged with the Gospel which was somtimes publickly embraced countenanced by Authority and ensured to us by Laws Statutes Declarations Proclamations Oaths Vowes Covenant-engagments whereby the Land was dedicated devoted unto the Son of God whose Conquest it was And now are not all the people of God obliged to do what they can to hinder the recalling of this dedication and the giving up of the Land as an offering unto Satan Antichrist And how shall this be but by a publick Contending for this priviledge and a resolving they shall sooner bereave us of our hearts blood than of the Gospel in its freedom purity But this we cannot contend for publickly if our Meetings be not publick 5. The nature business of the Gospel Ministrie is such that it obliges them that exercise it to endeavour all publickness without which they cannot discharge the extent of their Instructions their very names titles do insinuate so much They are Witnesses for Christ and therefore their Testimony should be publick though their Lot oftentimes be to Witness in Sackcloth They are Heraulds and therefore they should Proclaim their Masters Will though their Lot be often to be a voice crying in the Wilderness as Iohn the Baptist was in his field Preachings They are Ambassadours and therefore they should maintain their Masters Majestie in the Publick port of His Ambassadours and be wholly taken up about their Soveraigns business They are Watchmen and therefore they should keep maintain their post their Masters hath placed them at Nay they are Lights Candles and therefore cannot be hid Math. 5. 14 15. The Commands Instructions given them infer the necâ—ssity of this They must cry aloud and not spare and left up their voice like a Trumpet and shew the Lords People their transgressions sins Isai. 58. 1. They are Watchmen upon Ierusalems walls which must not hold their peace day nor night nor keep silence nor give the Lord rest till He establish and till He make Ierusalem a praise in the earth Isai. 62. 6 7. They are Watchmen that must command all to hearken to the sound of the Trumpet Ier. 6. 17. They must be valiant for the Truth upon the earth Ier. 9. 3. They must say thus saith the Lord even to a rebellious Nation whether they will hear or forbear and not be afraid of them Ezek. 2. 5 6. They must cause the people to know their abominations Ezek. 16. 2. and the abominations of their Fathers Ezek. 20. 4. And what their Master tells them in darkness that they must speak in the Light and what they hear in the ear that they must Preach upon the house tops Math 10. 27. These things cannot be done in a Clandestine way And therefore now when there is so much necessity it is the duty of all faithful Ministers to be laying out themselves to the utmost in their Pastoral function for the suppreffing of all the evils of the time not withstanding of any prohibition to the contrary in the most publick manner according to the examples of all the faithful servants of the Lord both in the Old New Testaments Though it be most impiously Tyrannically interdicted yet the Laws of God stand unrepealed and therefore all who have a Trumpet a Mouth should set the Trumpet to their Mouth and sound a certain sound not in secret for that will not alarme the people but in in the most publick manner they can have access to And it is the duty of all to come hear obey their Warnings Witnessings command who will the contrary It was for mocking despising His Words misusing His Prophets that the wrath of the Lord arose against His people the Iewes until there was no remedy 2 Chron. 36 16. Therefore from all that is said it must be Concluded that Meetings for Gospel Ordinances must be as publick as can be And if so then that they should be in houses safety will not permit to us to go to the streets or Mercat places neither safety nor prudence will admit Therefore we must go to the fields with it cost what it will. 4. Seeing then there must be Meettngs publick Meetings And seeing we cannot and dare not in Conscience countenance the Curats Meetings we must hear oune embrace follow such faithful Ministers as are cloathed with Christ Commission Righteousness salvation and do keep the Words of the Lords patience and the Testimony of the Church of Scotland in particular This I think will not or dare not be denyed by any that oune the Authority of Christ which none can deny or instruct the contrary
City they strengthened their hands for that good work against very much opposition And when challenged by Sanâ—allat the Horonite Tobiah the Servant the Ammonite and Geshâ—m the Arabian Great Kings-men all of them who despise â—oasted them what is this that ye do will ye rebeli against the King say they He would not plead Authority thô in the general he had the Kings warrant for it Yet he would not give them any other satisfaction than to intimate whether they had that or not having the Call of God to the Work they would go on in the duty and God would prosper them against their opposition Nehem. 2. 19 20. And accordingly not withstanding of all Scoffs Plots Conspiracies to hinder the building yet they went on and were encouraged to remember the Lord fight for their Brethren c. and to build with weapons in their hands Nâ—h 4. and brought it to an end notwithstanding of all their Practices to fright them from it chap. 6. Hence If neither Challenges of Rebellion nor Practices of Malignant Enemies who pretend Authority nor any discouragements whatsoever should deter people from a duty which they have a Call Capacity from God to prosecute and if they may promove it against all opposition by defensive armes Then when a people are oppressed treated as Rebells for a necessary duty they may must defend themselves and maintain their duty notwithstanding of all Pretences of Authority against them 18. I shall adde one Instance more which is vindicated by jus populi from the Historie of Esther Because Mordecai refused to do homage to a Hangman Haman I should say a cruel Edict was procured from Ahasuerus to destroy all the Jewes written sealled with the Kings ring according to the Laws of the Medes Persians becoming a Law irrevocable irreversible Esther 3. 12 13. Yet the Lords Providence always propitious to His People brought it about so that Haman being hanged Mordecai advanced the Jewes were Called Capacitated as well as Necessitated to resist that armed Authority that decreed to Massacre them and that by the Kings oun Allowance Esther 9. When his former decree drew near to be put in execution in the day that the Enemies of the Jewes hoped to have power over them it was turned to the Contrary that no man could withstand them Here they had the allowance of Authority to resist Authority And this was not a Gift of a new right by that Grant which they had not before only it was corroborative of their radical right to defend themselves which is not the Donative of Princes And which they had power to exerce use without this thô may be not the same Capacity for the Kings warrand could not make it Lawful in point of Conscience if it had not been so before Hence If people may have the Allowance of well advised Authority to resist the decree force of unlawful Authority then may a people maintain right Authority in defending themselves against the injuries of pretended Authority But by this Instance we see the Jewes had Ahasuerus his Allowance to resist the decree force of his oun ill-advised Authority thô irreversible And hence we see that Distinction in this Point is not groundless between resisting the Authority of Supreme powers and the abuses of the same Secundly We have in the Scripture both tacite express Reproofs for lying by from this duty in the season thereof 1. In Jacobs Swan-Song or Prophetical Testament wherein he foretells what should be the fate future condition of each of the Tribes and what should be remarked in their carriage influencing their after Lot in their generations for which they should be commended or discommended approved or reproved Coming to Issachar he Prophetically exprobates his future Ass-like stupiditie that indulging himself in his lazie ease and lukewarm security he should mancipate himself his Interests into a servile subjection unto his Oppressors Imposâ—itions even when he should be in a Capacity to shake them off and free himself by Resistence Gen. 49. 14 15. Issachar is a strong Ass couching doun between two burdens This is set doun by the Holy Ghost as the brand bane not of the person of Issachar Jacobs Son but of the Tribe to be inured upon them when they should be in such a concition by their oun silliness Hence I argue If the Holy Ghost exprobrate a people for their stupid subjection to prevailing Tyranny when they do not improve their Ability Capacity Right to maintain defend their Liberties Priviledges Then this implies a Commanded duty to defend them according to their Capacity from all unjust invasion But the former is true here Therefore also the later 2. In Deborahs Song after their victorious Resistence the people are severely upbraided for not concurring in that Expedition Iudg. 5. 16 17 23. and Meroz is particularly cursed for not coming to the help of the Lord to the help of the Lord against the Mighty This is Recorded as a resting Reproof against all that will withdraw their helping hand from the Lords people when necessitate to appear in defensive Armes for the preservation of their lives Liberties On the other hand Zebulon Naphtali are commended for jeoparding their lives in the high places of the fields and are approved in that practice of fighting against the Kings of Canaan that then ruled over them vers 18 19. Hence if people be Reproved Cursed for staying at home to look to their oun Interests when others jeopard their lives for their Countries defence freedom from Tyrannie Oppression Then this implies its a duty to concur in so venturing But here Rubeen Dan Asher Meroz are Reproved Cursed for staying at home when Zebulon Naphtali jeoparded their lives c. Ergo. Thirdly we have in the Scriptures many promises of the Lords approving countenancing the duty of Defensive Armes even against their Oppressing Rulers 1. In that forecited Testament of the Patriarch Iacob in that part of it which concerns Gad he Prophecies that Tribe should have a lot in the world answering his name and be engaged in many Conflicts with Oppressing Dominators who at first should prevail over him but at length God should so bless his endeavours to free himself from their oppressions that he should overcome There is an excellent Elegancy in the Original answering to the Etymology of the name Gad which signifies a Troop reading thus in the Hebrew Gad a Troop shall overtroup him but he shall ouertroup them at the last Gen. 49. 19. And Moses homologating the same Testimony in his blessing the Tribes before his death shewes that he should make a very forcible successful Resistence and should execute the Justice of the Lord over his Oppressors Deut. 33. 20. 21. Wherein is implied a promise of Resistence to be made against Oppressing Conquerours who should acquire the supreme rule over them for a
couragious in behalf of God Religion Sozom. Hist. Lib. 6. cap. 2. Barclaâ—us a great Royalist saith Tyrannos ut hostes publâ—s non solum ab universo populo sed a singulis etiam impeti caedique jure optimo posse tota Antiquitas ceasuit That Tyrants as publick Enemies may be attacqued and Lawfully slain not only by all the people but every one of them all Antiquity judged Grotiue de jure beâ—i Lib. 1. cap. 4. saith 〈◊〉 cui juris gentium requisita non adsint imperium arripuerit â—â—que pactio uâ—a sequuta sit aut fides illi data sed sola vi reâ—â—â—tur possessio videtur manere bellis jus ac proinde 〈◊〉 eum 〈◊〉 quod in hostem licet qui a quolibet etiam priâ—ato jure poâ—est interfici Yea King Iames the 6. in his Râ—mâ—â—strancs for the right of Kings sayes The publick Laws makes it Lawful and free for any private person to enterprize against an Usurper Divines say the same Chamier Tom. 2. Lib. 15. cap. 12. Sect. 19. Cives omnes jus habent insurgendi contra Tyrannos Aisted Theolog. Gas. cap. 17. reg 9. pag. 321. Tyrannum absque Titulo qui est invasor quilibet pr. vatus potest debet â— medio tollere quia patriam hostiliter invadit And cap. 18. reg 14. pag. 332. Licitum est privato cuivis occidere Tyrannum qui injuste invadit Dominium But Dr Ames de Consâ—tentia Lib. 5. cap. 31. de homicidio quest 4. asserts all that is here pleaded for in terminis Quest. 4. An aliquando licet occidere hominem Authoritate privata Resp. Aliquando licet occidere nulla publica Cognitione precedente sed tum solum quando causa evidenter postulat ut hoc siat Authoritas publica non potest implorari In isthoc enim casu privatus publice Minister constituitur tam nâ—â—tu Dei quam omnium hominum consensu He propones the question If sometimes it be Lawful to kill a man by private Authority He answers It is sometimes Lawful to kill another without publick Cognition proceeding but then only when the cause doth evidently require it that it be done and publick Authority cannot be implored for in that case any private man is constitute in stead of a publick Minister of Justice both by Gods allowance and by the consent of all men These propositions carry such evidence in them that the Authors thought it superfluous to confirme them and sufficient to affirme them And from any reason that can be adduced to prove any of these Assertions it will be as evident that this Truth I plead for is thereby confirmed as that it self is thereby strengthened For it will follow natively if Tyrants and Tyrants sine titulo be to be thus dealt with then the Monsters of whom the question is those Notorious Incendiaries and Murdering publick Enemies are also to be so served For either these Authors assert the Lawfulness of so treating Tyrants sine titulo because they are Tyrants or because they want a title If the first be said Then all Tyrants are to be so served and reason would say and Royalists will subscribe if Tyrants that call themselves Kings may be so animadverted upon because of their perniciousness to the Common-wealth by their Usurped Authority then the subordinate firebrands that are tho immediate instruments of that destruction the inferior emissaries that act it and actually accomplish it in Murdering innocent people may be so treated for their persons are not more sacred than the other nor more impunible If the second be said it is Lawful to kill them because they want a title Then it is either because they want a pretended title or because they want a real Lawful one The Latter is as good as none and it is proved Head. 2. Arg. 7. that no Tyrants can have any The former can not be said for all Tyrants will pretend some at least before they be killed 3. But thô some of these Great Authors neither give their reasons for what they assert nor do they extend it to all Tyrants that Tyrannise by virtue of their pretended Authority yet it will not be difficult to prove that all great small that murder destroy and Tyrannise over poor people are to be punished though they pretend Authority for what they do And hence If all Tyrants Murderers Destroyers of mankind ought to be punished then when it cannot be done by publick Authority it may be done by private But all Tyrants Murderers Destroyers of mankind ought to be punished Ergo The Minor is manifest from the General Commands of shedding the blood of every man that shedsâ— it Gen. 9. 6. of puting to death whosoever killeth any person Numb 35. 30 31. of respecting no mans person in Iudgement Deut. 1. 17. and universally all penal Laws are general without exception of any for under that reduplication of criminal transgressing those Laws under that general Sanction they are to be judged which admits of no partial respect for if the greatest of men be Murderers they are not to be considered as great but as Murderers just as the meanest are not to be considered as mean or poor but as Murderers But I need not insist on this being sufficiently proved Head. 2. Arg. 9. And through out that Head proving that Tyrants can have no Authority And if they have no Authority then Authority which they have not cannot exempt them from punishment The Connexion of the Major Proposition may be thus urged When this Judgement cannot be executed by publick Authority either it must be done by private Authority in case of extreame necessity or not at all for there is no Medium but either to do it by publick Authority or private If not at all Then the Land must remain still defiled with blood and cannot be cleansed Numb 35. 33. Then the fierce anger of the Lord cannot be averted Numb 25. 4. for without this executing of Judgement He will not turn it away Ier. 5. 1. Then must Murderers be encouraged by their impunity to make havock of all according to their Lust besides that poor Handful who cannot eschape being their prey as their Case is circumstantiate Besides this is point blank contrary to these General Commands which say peremptorely The Murderer shall be put to death but this supposed Case when publick Authority will not or cannot put them to death sayes they shall not be put to death In this Case then I demand whether their impunity is necessary because they must not be put to death or because they cannot be put to death To say the Latter were an untruth for private persons can do it when they get access which is possible If the former then it is clearly contradictory to the Commands which say they must be put to death excepting no Case but when they cannot be put to death If it be said they must not be put to death because the Law obliges only publick
insinuation of the necessity expediency of it that it is as suitable as the taking away of the dross from silver in order to the production of a vessel Prov. 25. 4 5. Take away the wicked from before the King and his throne shall be established in Righteousness Which is not only there given to Kings for then it would be in the second person spoken to them but to the people to do it before them as the people did with Baals Prophets from before Ahab And Our Progenitors many times have done with wicked Counsellors as may be seen in the foregoing Representation and more fully in the Historie of the Dowglasses and in Knox Calderwoods Histories Hence If it be duty to Reforme the Court and to take away a Kings wicked Sycophants Counsellors Agents Instigators to Tyrannie Then it must be Lawful in some cases of necessity to restrain their Insolency repress their Tyrannie in executing Judgement upon such of them as are most unsupportable who are made drunk with the blood of Innocents But the former is true Therefore 5 For the Omission of the executing of this Judgement on Oppressors Muderers involving the whole Land in blood guiltiness which cannot be expiated but by the blood of them that are so Criminal Not only Magistrates but the whole people have been plagued As for Sauls murdering the Gibeonites the whole Land was plagued until the man that consumed them and devised against them to destroy them seven of his sons were delivered unto them to be hanged up before the Lord 2 Sam. 21. 5 6. So also for the sins of Manasseh The reason was because if the Magistrate would not execute Judgement the people should have done it for not only to the King but also to his Servants and to the people that entered in by the gates the Command is Execute yee Iudgement and deliver the spoyled out of the hand of the Oppressor Jer. 22. 2 3. thô it be true this is to be done by every one in their station salvâ justitia salvo ordine pro modulo vocationis and it chiefly belongs to Judges Magistrates Yet this is no wrong to Justice nor breach of Order nor sinful transgression of peoples vocation not only to hinder the shedding of innocent blood to prevent Gods executing of what He there threatens but also to execute Judgement on the Shedders to prevent their progress in Murdering Villanie when Inferiour as well as Superiour Magistrates are oppressing Tyrannizing Therefore this seeking doing executing judgement is so often required of the people in such a Case when Princes are rebellious Companions of Thieves and in the City where Judgement used to be now Murderers bear sway Isai. 1. 17 21. the Lord is displeased where there is none Isai. 59. 15 16. Jer. 5. 1. See this vindicated in Lex Rex quest 34. pag. 367. and in jus popul cap. 10. pag. 237. 3. That Command concluds the same against Idolaters Apostates and Entycers thereunto Deut. 13. 6. c. If thy brother or thy friend which is as thiâ— oun soul entyce the secretly saying let us go serve other gods thow shalt not spare nor conceal him but thow shalt surely kill him because the hath sought to thrust thee away from the Lord thy God And all Israel shall hear fear and do no more any such wickedness And vers 13. c. If thow shalt hear say in one of thy Cities saying Certain men the Children of Belial are gone out and have withdrawn the Inhabitants of their City saying let us go to serve other gods Then shalt thow enquire and behold if it be truth and the thing certain thow shalt surely smite the Inhabitants of that City with the edge of the sword destroying it utterly This Cause of the Open Entycers to Idolatry was not brought to the Judges as common Idolaters and such who were entyced to serve other gods worship them were to be brought to the gates and to be stoned first by the hands of the Witnesses and afterwards by all the people Deut. 17. 3 5 7. But this is another Law Of which the Iewish Antiquaries and particularly Grotius out of Philo and the Rabb in Loc saith Cum in alijs criminibus soleret reus servari c. i. e. Whereas in other crimes the guilty used to be kept after the sentence a night a day that if he could say any more for himself he might these were excepted from this benefit And not only so but it was permitted to any to execute Judgement upon them viz. Entycers to Idolatry without waiting for a Judge The like was used against the Sacrilegious Robbers of the Temple and priests who sacrificed when they were polluted and those who cursed God by the Name of an Idol and those who lay with an Idolatress chiefly those who denyed the divine Authority of the Law And this behoved to be before the people at least ten which in Hebrew they called Hheda Neither is this to be admired in so grievous a Crime when even the manslayer without the place of refuge might have been killed by the Kins-man of the defunct And upon Numb 15. 30. the punishment of presumptuous Blasphemers he sayes Caeteram hic intelligenda hoc modo c. i. e. But here these are to be understood thus that the guilty shall not be brought to the Judges but be killed by them that deprehended them in the Crime as Phin. has did to Zimri and proves it out of Mamonides Pool Synops. Critic in Loc. And it must be so for in this case no mention is made either of Judges or Witnesses or further Judgement about it than that he that was tempted by the Entycer should fall upon him and let the people know it that they might lay hands on him also otherwise evil men might pretend such a thing when it was not true But in case of a Cities Apostasie and hearkening to Entycers the thing was only to be sollicitously enquired unto and then thô it was chiefly incumbent upon the Magistrate to punish it yet it was not astricted to him but that the people might do it without him As upon this Moral Ground was Israels war stated against Benjamin Judg. 20. 13. when there was no King nor Judge and also when there were Kings that turned Idolaters Tyrants they served them so as here is Commanded Witness Amaziah as is shewed above Hence not only Moses upon the peoples defection into Idolatrie in the Wilderness commanded all on the Lords side every man to put his sword by his side and sâ—ay every man his brother and every man his Companion and every man his neighbour whereby three thousand fell at that time by the sword of the Levites Exod. 32. 27 28. But also Joash Gideons father upon the same Moral Ground thô he was no Magistrate could say to the Abiezrites Will ye plead for Baal he that will plead for him let him be put
Generall Assembly under the pain of excomunication Hereby they were awakened animated to a more vigorous Prosecution of the establishment of the House of God in its due Government In pursuance whereof the Assemblies from that time untill the year 1581. Did with much painfulness faithfulness attend the work untill by perfecting of the Second Book of Discipline they compleated their work in the exact Model of Presbyterial Government in all its Courts Officers Which was Confirmed Covenanted to be kept inviolate in the National Covenant subscribed that year by the King his Court Council and afterwards by all ranks of People in the Land. Whence it may be doubted whether the impudence of the succeeding Prelats that denyed this or their perjury in breaking of it be greater This was but the first brush a brisker assault followes Wherein for the better establishment of Prelacy that what it wants of Divine right might be supplyed by the accession of humane Prerogative and not only Diocesan but also Erastian Prelacy might be set up to destroy Christs Kingdom advance Sathans the Earle of Arran his wicked Complices move the King contrary both to the Word Oath of God to usurp the prerogative of Jesus Christ and assume to himself a blasphemous Monster of Supremacy over all Persons in all Causes as well Ecclesiastical as Civil But this also the faithful Servants of God did worthily valiantly resist and at the very first appearance of it gave in a Grievance to the King anno 1582. That he had taken upon him a spiritual Power which properly belongs to Christ as only King Head of the Church the Ministerie execution whereof is only given to such as bear office in the Ecclesiastical Government in the same so that in the Kings Person some men press to erect a new Popedome as though he could not be full King of this Commonwealth unless as well the spiritual as temporal Sword be put in his hand unless Christ be rest of His Authority and the two Jurisdictions confounded which God hath divided which directly tendeth to the wrack of all true Religion Which being presented by the Commissioners of the General Assembly the Earle of Arran asked with a frouning Countenance who dare subscribe these treasonable Articles Mr Andrew Melvin answered we dare will subscribe render our Lives in the Cause And afterward that same Assembly presented Articles shewing that seeing the spiritual Jurisdiction of the Church is granted by Christ and given only to them that by preaching teaching overseeing bear Office within the same to be exercised not by the injunctions of men but by the only Rule of Gods Word hereafter no other of whatsomever degree or under whatsomever pretence have any colour to ascribe or to take upon them any part thereof either in placing or displacing of Ministers without the Churches admission or in stopping the mouths of Preachers or puting them to silence or take upon them the judgment of tryal of Doctrine c. But in contempt contradiction to this and to prosecute exert this new usurped Power Mr Andrew Melvin was summoned before the secret Council for a Sermon of his applying his doctrine to the Times Corruptions whereupon he gave in his declinature against them as incompetent Judges and told them they were too bold in a Constitute Christian Church to pass by the Pastors Prophets Doctors and to take upon them to judge the Doctrine and to control the Ambassadors of a Greater then was there which they neither ought nor can do There are saith he Loosing a litle Hebrew Bible from his girdle my Instructions Warrant see if any of you can control me that I have past my injunctions For this he was decerned to be warded in the Castle of Edinbrugh but he being informed that if he entered in ward he would not be released unless it were for the scaffold he conveyed himself secretly out of the Countrey Hereafter when the Parliament 1584. had enacted this Supremacy and submission to Prelacy to be subscribed by all Ministers the faithful first directed Mr David Lindsey to the King desiring that nothing be done in Parliament prejudicial to the Churches Liberty who got the Prison of Blackness for his Pains And then when they could not get access for shut doors to Protest before the Parliament yet when the Acts were proclaimed at the Cross of Edinburgh they took publick Documents in name of the Church of Scotland though they were but two that they protested against the said Acts and fled to England leaving behind them reasons that moved them to do so And Mr Iames Melvin wrote against the subscribers at that time very pertinently Proving first that they had not only set up a new Pope so become Traitors to Christ and condiscended to that chief error of Papistrie whereupon all the rest depend but further in so doing they had granted more to the King than ever the Popes of Rome peaceably obtained c. And in the end as for those that Lamented their oun weakness feebleness he adviseth them to remove the publick slander by going boldly to the King Lords and shew them how they had fallen through weakness but by Gods power are risen again and there by publick note witness taken free themselves from that subscription and to will the same to be delete renouncing detesting it plainly and thereafter publickly in their Sermons and by their Declaration retractation in writ presented to the faithful manifest the same let them do with stipend benefice Life it self what they list This I insert because this Counsel is now condemned and when poor people offended with Ministers subscriptions of Bonds other Complyances desire acknowledgments of the offence they reject it as an impertinent imposition and plead they are not obliged to manifest any retractation but to an Ecclesiastical Judicatory To which I shall say nothing here but this is no novelty After this it is known what bickerings the faithful witnesses of Christ had in their Conflicts with this supremacy upon the account of Mr David Blacks Declinature which they both advised him to approved when he gave it in against the King Conncil as Judges of his Doctrine And the Commissioners of the General Assembly ordained all to deal mightily with the power of the word against the Councils encroachments for which they were charged to depart forth of Edinburgh After which he added a second Declinature Declaring there are two Jurisdictions in this realme the one Spiritual the other Civil the one respecting the Conscience the other externals c. Therefore in so far as he was one of the spiritual office-bearers and had discharged his spiritual Calling in some measure of grace sincerity should not nor could not be Lawfully judged for preaching and applying the word by any Civil power he being an Ambassadour Messenger of the Lord Jesus having his Commission from
the King of Kings and all his instructions set doun limited in the book of God that cannot be extended abridged or altered by any mortal wight King or Emperour And seeing he was sent to all sorts his Commission discharge of it should not nor cannot be Lawfuly judged by them to whom he was sent they being sheep not Pastors to be judged by the Word and â—â—t to be judges thereof in a judicial way The Interloquutor being past against him for this the Brethren thought it duty that the Doctrine of the Preachers should be directed against the said Interloquutor as against a strong mighty hold set up against the Lord Jesus and the freedom of the Gospel and praised God for the force unity of the Spirit that was among themselves And being charged to depart out of Toun they leave a faithful Declaration at Large shewing how the Liberties of the Church were invaded robbed But all this was nothing in comparison of their wrestlings for the Royalties of their Princely Master and Priviledges of His Kingdom against that Tyrants Insolencies after he obtained he Croun of England For then he would not suffer the Church to indict her oun Assemblies And when the faithful thought themselves obliged to counteract his Encroachments and therefore conveened in an Assembly at Aberdeen anno 1605. they were forced to dissolve and thereafter the most eminent of the Ministers there assembled were transported Prisoners to Black-ness Whence being cited befor the Council they decline their Judicatory And one of their Brethren Mr Robert Youngson who had formerly succumbed being moved in Conscience returned and when the rest were standing before the Council desired to be heard and acknowledged his fault and therefore howbeit not summoned by the Lords was charged by the Living God and compelled to compear that day to justifie that Assembly to the great astonishment of the Lords and comfort of His brethren He subscribed the Declinature with the rest And for this they were arraigned and condemned as guilty of Treason and banished Before the execution of which sentence Mr Welsh wrote to the Lady Fleming to this effect What am I that He should first have called me and then constituted me a Minister of glad things of the Gospel of Salvation these fifteen years already and now last of all to be a sufferer for His Cause Kingdom To witness that good Confession that Jesus Christ is the King of Saints and that His Church is a most free Kingdom yea as free as any Kingdom under Heaven not only to convocate hold keep her Meetings Conventions Assemblies But also to judge of all her affairs in all her Meetings Conventions among His members and Subjects These two points 1 That Christ is the Head of His Church 2 That she is free in her Government from all other jurisdiction except Christs are the special Cause of our imprisonment being now convict as Traitors for maintaining thereof We have now been waiting with joyfulness to give the last Testimonie of our blood in confirmation thereof If it would please our God to be so favourable as to honour us with that dignity After this the King resolving by Parliament to advance the estate of Bishops again as in the time of Popery without Cautions as before and further to establish not only that Antichristian Hierarchie but an Erastian Supremacy The faithful Ministers of Christ thought themselves bound in Conscience to protest And accordingly they offered a faithful Protestation to the Parliament Iulij 1606. obtesting that they would reserve into the Lords own hands that Glory which He will communicate neither with man nor Angel to wit to prescribe from His holy Mountain a Lively pattern according to which His oun Tabernacle should be formed Remembring alwise that there is no absolute undoubted Anthority in this world except the soveraigne Authority of Christ the King to vvhom it belongeth as properly to rule the Church according to the good pleasure of His oun vvill as it belongeth to Him to save His Church by the Merit of His oun Sufferings All other anthority is so intrenched vvithin the marches of Divine Command that the least overpassing of the bounds set by God Himself bring men under the fearful expectation of Temporal Eternal judgements If ye should authorize Bishops ye should bring into the Church the ordinance of man vvhich experience hath found to have been the ground of that Antichristian Hierarchie vvhich mounted up on the steps of Bishops preeminence until that man of sin came forth as the ripe fruit of mans vvisedome vvhom God shall consume vvith the breath of His oun mouth Let the svvord of God pierce that belly vvhich brought forth such a monster And let the staff of God crush that egg vvhich hath hatched such a Cockatrice And let not only that Roman Antichrist be thrown down from the high bench of his usurped authority but also let all the steps whereby he mounted up to that unlawful preeminence be cut down utterly abolished in this Land And beware to strive against God with an open displayed banner by building up again the walls of Iericho which the Lord hath not only cast down but also hath laid them under an horrible Interdiction execration so that the building of them again must needs stand to greater charges to the builders then the reedifying of Iericho to Hiel the Bethelite in the days of Ahab Yet notwithstanding of all opposition Prelacy was again restored in Parliament And to bring all to a Complyance with the same Presbytries Synods universally charged under highest pains to admit a constant Moderator without change which many refused resolutely as being the first step of Prelacy Upon this followed a great Persecution of the faithful for their Nonconformity managed by that Mongrel Monstrous kind of Court made up of Clergy-men Statesmen called the High Commission Court erected anno 1610. whereby many honest men were put violently from their charges habitations the Generality were involved in a great fearful Defection But the Copestone of the wickedness of that Period was the Ratification of the five Articles of Perth kneeling at the Communion private Communion to be given to the sick private Baptisme and Confirmation of Children by the Bishop and observation of festival dayes Which were much opposed testified against by the faithful from their first hatching anno 1618. to the year 1621. when they were ratified in Parliament at what time they were also witnessed against from Heaven by extraordinary Lightenings Tempest And against this the Testimony of the faithful continued till the Revolution anno 1638. Here we see how the Cause was stated in this Period and may gather also wherein it aggress and how far it differs from the present Testimony now suffered for under all rage reproach I. The matter of the Testimony was one with that that we are suffering for against Popery Prelacy Supremacy
except that it was not so far extended against Tyranny because that Tyrant was not such an usurper nor such a violater of the fundamental constitutions of the Civil Government as these that we have had to do with all But as to the managing the Testimony they far out stripped their successors in this generation in conduct courage Prudence zeal as is above hintend in many instances to which we may adde some more When several plots of Papist Lords had been discovered conspiring with the King of Spain And they were by the Kings Indulgence favoured and some were also perswaded to treat with them famous Mr Davidson opposed with great resolution Declaring before the Synod of Lothian that it favoured much of defection in these dayes that such notorious rebells to God His Church the Country should be so treated with we should not rashly open a door to Gods Enemies without better proof of their manners nor were yet seen And when a convention in Falkland was consulting to call home these conspiring Traitors Mr Andrew Melvin went thither uncalled and when found fault with by the King for his boldness he answered Sir I have a call to come here from Christ His Church who have special Interest in this Turn and against whom this Convention is assembled directly I charge yow and your Estates in the Name of Christ His Church that ye favour not His Enemies whom He hateth nor go about to call home nor make Citizens of these who have traiterously sought to betray their City native Countrey with the overthroiw of Chists Kingdom And further challenged them of treason against Christ His Church the Countrey in that purpose they were about About the same time in a private Conference with the King he called the King Gods sillie vassal and taking him by the sleeve told him Sir yow and Church Countrey is like to be wracked for not telling the Truth and giving yow faithful Counsel we must discharge our duty or else be enemies to Christ yow Therefore I must tell yow there are two Kings and two Kingdoms There is Christ and His Kingdom whose subject King Iames the 6th is and of whose Kingdom he is not a King nor a Head nor a Lord but a member and they vvhom Christ hath called to vvatch over govern his Church have sufficient Authority and Power from Him which no Christian King should control but assist othervvise they are not faithfull subjects to Christ. Sir vvhen yovv vvere in your svvedling clouts Christ reigned freely in this Land in spight of all His enemies but novv the vvisdom of your Council vvhich is Devilish pernicious is this that yovv may be served of all sorts of men to your purpose grandour Iew Gentile Papist Protestant because the Ministers Protestants in Scotland are too strong control the King they must be vveakened brought lovv by stirring up a party against them and the King being equal indifferent both shall be fain to flee to him so shall he be well setled But Sir let Gods wisedom be the only wisdom this will prove meer mad folly for His curse cannot but light upon it so that in seeking both yow shall lose both To the like effect Mr Robert Bruce in a Sermon upon Psal 51. gives faithful warning of the danger of the times It is not we sayes he that are Partie in this cause no the quarrel is betwixt a greater Prince and them What are we but sillie men Yet it has pleased Him to set us in this Office that we should oppone to the manifest usurpation that is made upon His Spiritual Kingdom Is there a more forcible mean to draw down the wrath of God than to let Barrabas that nobilitate Malefactor pass free and to begin the war against Christ and His Ministry It puteth on the Copestone that so many of our brethren should not be so faithful as their Calling this Cause craveth Fy upon false brethren to see them dumb so faint hearted when it comes to the Chock Not only are they ashamed to speak the thing they think which is a shame in a Pastor but speak directly against their former Doctrin They will speak the Truth a while till they be put at but incontinent they will turn and make their gifts weapons to fight against Christ for there is none so malicious as an Apostate when he begins to slide back c. The same faithful witness because he would not preach as the King would have him against his oun conscience to justifie Proclaim the Kings Innocency in a forged conspiracy against him was put from his Church in Edinburgh and being requested in an insinuating manner to desist from preaching but for nine or ten dayes he condiscended at first thinking the matter of no great importance yet that night his body was cast in a fever with the terror of his conscience and he promised he should never obey their Commandment any more These were faithful men yet we find they challenge themselves in deep humiliation for their short comings defections at the renovation of the National Covenant March 30. 1596. the greatst solemnity ever had been seen in Scotland before that time so that the place might worthily have been called Bochim O when shall we see such a day when even the most faithful among us shall mourn over our far more aggravated defections but if they mourned then for these first degrees of declensions we may say quam gravius ingemiscerent illi fortes viri qui propter Ecclesiae Scoticanae Libertatem olim in acie decertarunt si nostram hanc ignaviam ne quid gravius dicam conspicerent I know notwithstanding of all this that some encourage themselves in a base Complyance with the present corruptions of our Church from the practise of these Worthies Alledging they did not scruple to hear join with Prelatical men dispensing the ordinances But this Objection will be easily refelled if we consider first the Period wherein they were but growing up to a more perfect Reformation and therefore might bear with many things which we cannot after we have been reformed from them They were then advancing and still gaining ground we are now declining and therefore should be more shie to lose what we have gained They had then of a long time enjoyed their Judicatories unto which they might recur for an orderly redress of such grievances that offended them and when they were deprived of them yet they were still in hopes of recovering them and so suspended their total secession from that corrupt Church untill they should recover them in the mean time still holding their right and maintaining their cause against these Invaders But we were at thevery first begining of this unhappy Revolution totally deprived of our Judicatories and denuded of all expectation of them in an ordinary way and of all place but what they are Masters of to contend with them
now for refusing such compelled imposed Devotion to pray or praise for the King poor people are much condemned I know it is alleadged that these faithful sufferers in those days were not so strict as they are now in submitting to unjust Sentences and obeying keeping their Confinements I shall grant there was much of this and much might be tollerate in their circumstances when the Court procedure against them was not so illegal their Authority was not so Tyrannical nor so necessary to be disouned and they were so stated that they were afrayed to take guilt upon them in making their escapes whereas it is not so with us Yet we find very faithful men broke their Confinements As Mr Iohn Murray confined about Dumfreis perceiving there was no end of the Bishops malice and that he would be in no worse case than he was he resolved without Licence either of King or Council to transport himself So did also Mr Robert Bruce III. For resistence of Superior Powers we have in this Period first the practice of some Noblemen an Ruthven anno 1582. who took the King and seised on that Arrant Traitor Enemy to the Church Countrey the Earle of Arran declaring to the world the Causes of it the Kings Correspondence with Papists his usurping the Supremacy over the Church and oppressing the Ministers all by means of his wicked Councellors whom therefore they removed from him The King himself emitted a Declaration allowing this deed The General Assembly approved of it and perswaded to a Concurrence with it and nothing was wanting to ratifie it as a most Lawfull laudable action At length the Fox escapes changes all and retracts his former Declaration The Lords again rallie and interprise the taking of the Castle of Stirling and gain it but afterward surrender it after which the Earle of Gowrie is executed and Ministers are commanded to retract the Approbation of Ruthven business but they refused and many were forced to flee to England and the Lords were banished But in the year 1585. they return with more success and take the Castle of Stirling The cowardly King does again acknowledge justify their Enterprise that they needed no Apology of words Weapons had spoken well enough and gotten them audience to clear their own Cause but his after carriage declared him as crafty false as he was cowardly fearful Again we have the advice of the General Assembly for resisting when the Ministers were troubled upon Mr Blacks bussiness and there was an intention to pull them out of their Pulpits They advised them to stand to the discharge of their Calling if their flocks would save them from violence and yet this violence was expected from the King and his Emissaries As to that point then there can be no dispute IV. There was litle occasion for the Question about the Kings Authority in this Period but generally all acknowledged it because they were not sensible of his usurpation and his cowardice made him incapable of attempting any thing that might raise commotions in civil things Yet we remark that whatsoever Authority he usurped beyond his sphere that was disouned declined by all the Faithful as the Supremacy Next that they resented represented very harshly any aspiring to Absoluteness as Mr Andrew Melvin could give it no better name nor intertain no better notion of it then to terme it The bloodie Guillie as he inveighs against it in the Assembly 1582. And next in this same Period we have a very good description of that Authority which the King himself allowes not to be ouned which out of a Kings mouth abundantly justifies the disouning of the present Tyrannie This same King Iames in a speech to the Parliament in the year 1609. sayth A King degenerateth into a Tyrant when he leaveth to rule by 〈◊〉 much more when he beginneth to invade his Subjects Persons Rights Liberties to set up an Arbitrary Power impose unlawful taxes raise forces make War upon his Subjects to pillage plunder wast and spoil his Kingdoms PERIOD V. Containing the Testimony for the last Reformation from Prelacy in all its steps from the year 1638 to 1660. THe following Period from the year 1638. to 1660 continues advances the Testimony to the greatest hight of Purity Power that either this Church or any other did ever arrive unto with a Gradation Succession Complication of wonders of Divine Wisdom Power Justice Mercy signally singularly ouning sealing it to the Confusion of His Enemies Comfort of His People Conviction of Indifferent Neutrals and Consternation of All. Now after a long winter and night of Deadness Darkness the sun returns with an amiable approach of Light Life now the winter was past the rain was over gone the flowers appear on the earth and the time of singing of birds is come and the voice of the turtle is heard in our Land. Now the second time the Testimony comes to be managed in an Active manner as before it was Passive As the one hath been alwayes observed to follow interchangably upon the other especially in Scotland and the Last alwayes the Greatest which gives ground to hope though it be now our turn to suffer that when the summer comes again after this winter and the day after this night the next Active Testimony shall be more notable than any that went before The matter of the Testimony was the same as before for the Concerns of Christs Kingly Prerogative but with some more increase as to its opposites for these grew successively in every Period the Last alwayes including all that went before The first Period had Gentilisme principally to deal with the second Poperie The third Poperie Tyrannie the fourth Prelacy Supremacy this fifth hath all together and Sectarianisme also to contend against The former had alwayes the opposites on one hand but this hath them in extremes on both hands both fighting against one another and both fighting together against the Church of Scotland and she against both till at length one of her opposites prevailed viz. the Secterian Party and that prevailing brought in the other to wit the Malignant which now domineers over all together Wherefore because this Period is in it self of so great importance the Revolutions therein emergent so eminent the Reformation therein prosecuted wanting litle of its perfect Complement the Deformation succeeding in its Deviation from the Pattern being so destructive to the end it may be seen from whence we have fallen and whether or not the present reproached Sufferers have lost or left their ground we must give a short deduction of the Rise Progress End of the Contendings of that Period In the midst of the forementioned Miseries Mischiefs that the pride of Prelacy and Tyrannical Supremacy had multiplied beyond measure upon this Church Nation and at the hight of all their haughtiness when they were setting up their Dagon and erecting Altars for him
upon thee from the Lord. Whereunto is subjoined his dying Testimony to the same purpose wherein are these words But if there shall be a falling back to the sin of complyance with Malignant ungodly men then I look for the breaking out of the wrath of the Lord till there be no remedy This was the warning of a worthy dying Man. Notwithstanding of which many other warnings witnessings a course of complyance was commenced by the pulick Resolutioners and continued in to this day wherein that faithful warning of a dying servant of Christ is verified But before I leave this purpose I must obviate an objection that some make use of for strengthening themselves in their incorporations joinings at least in Worship with the corruptions of the time and for condemning conscientious withdrawers That the Godly in those dayes did not separate from the men of these complyances defections as many do now to wit the protesting party did not withdraw from the publick Resolutioners Associators with Malignants I answer first many these the most Godly tender did withdraw even from their oun Ministers and would have gone 40. or 50 myles to hear a faithful Minister at that time yea Ministers themselves in the case of intrusion of the unfaithful would have supplyed the Paroch as if the Church had been vacant and when they could not get access to the pulpit they preached in the fields on purpose to witness against and professedly to withdraw the people from such an unfaithful Intruder as might be instanced particularly for time place if need were But next The Church then though broken by division and under the subjection of strangers deprived of her General Assemblies yet was in a constitut Case enjoying the priviledge power order of Synods Presbyteries to whom the people offended with their Ministers might address themselves for an orderly redress and removal of these Scandals in an ordinary way and so they needed not assume to themselves that power to regulate their communion that in a broken State as now is must be allowed to them And besides both the Ministers at that time who were faithful though they might have proceeded to censure silence the corrupt party as they were obliged yet not only found it difficult by reason of the injury of the times but also thought it best to spare them And the people to bear them as burdens untill as they were still in hopes they should obtain a General Assembly to take order with them but now it is not so And then the defection was but begining and people did not know and could not expect it would go such a length and therefore could not fall upon the rigor of that duty which such disorders call for at first but if they had seen where these beginings would Land them at length I doubt not but they would have resisted those beginings in such a way as would have precluded this imputation of novelty upon our necessitated with drawings III. We have in this Period not only an Illustrious Testimony for the Principle but a continued and unintermitted putting into practice the duty of defensive Armes in resisting the Soverain power malversing abusing Authority to the destruction of the ends of it which resistence was avowed encouraged furthered by the General Assembly both for the defence of themselves and for the help of their Brethren in England Take one expression in their Solemn seasonable Warning to all ranks Feb. 12. 1645. Sess 18. Unless men will blot out of their hearts the love of Religion cause of God and cast off all care of their Country Lawes Liberties c. all being in visible danger of present ruine destruction they must now or never appear actively each one stretching himself to yea beyond his power It is no time to dally or to go about the business by halfs nor be almost but altogether zealous Cursed is he that doeth the work of the Lord negligently If we have been forward to assist our Neighbour Kingdoms shall we neglect to defend our oun Or shall the Enemies of God be more active against His cause than His people for it God forbid In another seasonable necessary warning Iuly 27. 1649. Sess. 27. They say But if his Maj. or any having or pretending power commission from him shall invade this Kingdom upon pretext of establishing him in the exercise of his royal power as it will be an high provocation against God to be accessory or assisting there to so it will be a necessary duty to resist oppose the same These Fathers could well distinguish between Authority and the person abusing it And were not so Loyal as now their degenerate Children are ambitious to shew themselves stupidly stouping to the shaddow thereof and yet will be called the only Asserters of Presbyterian principles But we find they put it among the Characters of Malignants to confound the Kings honour Authority with the abuse pretence thereof and with Commissions warrants Letters procured from the King by the Enemies of the cause Covenant as if we could not oppose the Latter without increaching upon the former But here an Objection or two must be removed out of the way before we go forward One is from the Third Atticle of the Covinant where there seems to be a great deal of Loyaltie obliging to defend the Kings Maj. his person Authority in the preservation defence of the true Religion Liberties of the Kingdoms that the world may bear witness with our consciences of our Loyaltie And that we have no thoughts or intentions to diminish his Majesties just power greatness I Ans. There is indeed a deal of Loyaltie there and true Loyaltie because Lawfully limited being qualified with subordinate unto the preservation defence of the true Religion Liberties of the Kingdom as the makers of the Covenant do expound it in the Assembles declaration against the unlawful Eugagment Iuly ult 1648. Sess. 21. not that Reverse Loyaltie which makes duties to God conditional limited and duties to thee King absolute unlimited as our Loyalists do now And I wish others were free of it who have sworn Oaths of unlimited Alledgiances to maintain the King in any power unto which his force aspires and to justify this their Loyaltie will bring in this Article of the Covenant with a distorted sense reading it backward that we in the preservation defence of Religion must preserve defend the King As if Religion obliged to defend him do what he will. It were better such pretended Covenanters denyed the Covenant than to be such a reproach to it in wresting its genuine sense But I have adduced the sense of the best Interpreters of it the General Assembly Next when they entered under the bond of this Covenant they did it with a purpose to oppose all his invasions upon Religion the Liberty of the people and to
vindicate these precious Interests from his usurpings into a state of Liberty And shall we imagine that that very Oath of God did lay upon them or us an obligation to defend the person who is a destroyer of all these contrary to the very nature of the Oath contrare to the scope of the Covenanters and contrary to their subsequent practise But then it will be urged why then was that clause cast into the Covenant I answer we have not the same cause to keep it as they had some cause to put it in with accommodation to the present possessor of the Soveraignity The ouning of it in our circumstances would be as great a reproach to us as the want of it was to them in theirs They put in the words to prevent the worlds mistake and to remove that odium industriously heaped upon the heads of those whose hearts were associate in the defence of Religion Liberty therefore they would profess they would not be disloyal while he was for God. And a defiance may be given to clamour calumnie it self to give one instance of the defect of performance hereof while he went not about to ruine those things incomparably more precious then his person or Authority and in ruining whereof no person can retain Authority IV. But now two things will chiefly be desiderated which now we oune in our Testimony for which many have dyed that seem not to be confirmed by or consistent with the Testimony of this Period One is that we not only maintain defensive resistance but in some cases vindictive punitive force to be executed upon men that are bloody beasts of prey and burdens to the earth in cases of necessity when there is no living for them This principle of Reason natural Justice was not much inquired into in this time when the sun was up whose warmth light made these beasts creep into their dens and when they being brought under subjection could not force people into such extraordinary violent courses when the ordinary orderly course of Law was running in its right Channel Yet from the ground of their ordinary Procedure Military Civil against such Monsters we may gather the lawfullness of an ordinary Procedure in a pinch of necessity conforme to their grounds I hope to make this evident when I come ex proposito to vincicate this head But there is another thing that we onne which seems not to have been known in these dayes viz. That when we are required to oune the Authority of the present Dominator we hold sinful to oune it Yet we find these Reverend renouned Fathers ouned King Charles I. and did not refuse the succession of Charles II. I shall answer in order First as to King Charles the first there was a great difference betuixt him and his sons that succeeded he never declared Parliamentarely that neither Promises Contracts nor Oaths should bind him as the first of his perfidious sons did It might have been then presumed if he had engaged so far for promoving the Work of God he would have been a man of his word for to say a King of his word is antiquitate in a good sense except that it means he is as absolute in his word as in his sword and scorns to be a slave to it Neither professed he himself a Papist as the second Son hath done Again it must be granted that more might have been comported with in the begining when there were some hopes of redress than after such process of time whereby now we see feel beyond all debate that the Throne stands and is stated not only in opposition to but upon the ruines of the Rights Priviledges both of Religion Liberty But was not the equivalent done by the Church anno 1648. when they refused to concur with that unlawful Engagment for restoring of the King till security be had by Solem Oath under his hand Seal that he shall for himself Successors give his assent to all Acts Bills for enjoining Presbyterial Government and never make opposition to it nor endeavour any change thereof Iulij ult 1648. Sess 21. But it will be said that in their renewing the Covenant that year they did not leave out that Article True thereby they stopped the mouths of their Adversaries And then they were not without hopes but that in his straits he might have proved a Manasseh taken among the thornes And the Covenanters at that time not being clear that he had done that which ipso jure made him no Magistrate chused rather while matters stood so to ingage to maintain him than simply to disoune him which yet our forefathers did upon smaller grounds many times in the hopes of being prevailed with at last But when they saw that this proved ineffectual therefore at the Coronation of the new King they made the Covenanted Interest the sole Basis upon which alone Authority was conferred upon him For the second though they did not refuse the succession of Charles the Second which vvas their blame and our bane of vvhich vve may blush this day yet vve find many things in that Transaction vvhich justifie our disouning of him and condemn the ouning of the present Possessor 1. In that seasonable necessary warning Iulij 27. Sess. 27. vvhereas many vvould have admitted his Maj. to the exercise of his Royal povver upon any termes vvhatsoever The Assembly declares first That a boundless illimited povver is to be acknovvledged in no King nor Magistrate neither is our King to be admitted to the exercise of his povver as long as he refuses to vvalk in the administration of the same according to this rule Secondly that there is a mutual stipulation obligation betvveen the King the people as both of them are tyed to God so each of them are tyed to one another for the performance of mutual reciprocal duties accordingly Kings are to take the Oath of Coronation to abolish Popery maintain the Protestant Religion As long therefore as the King refuses to engage oblige himself for security of Religion safety of his people it is consonant to Scripture Reason and Lavves of the Kingdom that he should be refused Thirdly in the League Covenant the duty of defending preserving the King is subordinate to the duty of preserving Religion Liberty And therefore he standing in opposition to the publick desires of the people for their security it vvere a manifest breach of Covenant and a preferring the Kings Interest to the Interest of Jesus Christ to bring him to the exercise of his povver Fourthly That it vvas for restraint of Arbitrary Government and for their Just defence against Tyranny that the Lords people did join in Covenant and have been at the expence of so much blood these years past And if he should be admitted to the Government before satisfaction it vvere to put in his hand that Arbitrary Povver and so to abandon their
Supremacy which were the successive heads of the former Testimonies and also now extended in a particular manner against Tyrannie And not only against the substance essence of these in the abstract but against substance circumstance abstract concret root branch head tail of them and all complying with them conforming to them or countenancing of them or any thing conductive for them or deduced from them any manner of way directly or indirectly formally or interpretatively This is that extensive and very comprehensive Testimony of the present Period as it is now stated sealed with the blood of many Which in all its parts points pendicles is most directly relative and dilucidly reducible to a complex Witness for the Declarative Glory of Christs Kingship and Headship over all as He is God and as He is Mediator which is the greatest concern that Creatures have to contend for either as Men or as Christians The matter of this Testimony I shall give a short manuduction to the progress Result of its Managment During the Exile of the Royal Brothers it is undenyably known that they were by their Mothers caresses and the Jesuites Allurements seduced to abjure the Reformed Religion which was easie to induce persons to that never had the sense of any Religion and to be reconciled to the Church of Rome And that not only they wrote to the Pope many promisses of promoting his projects if ever they should recover the power into their hands again and often frequented the Mass themselves but also by their example and the influence of their future hopes prevailed with many of their dependents attendants abroad to do the like Yet it is also unquestionably known that in the mean time of his Exile â—e renewed confirmed by private Letters to Presbyterians his many reiterated Engagments to adhere to the Covenant and declared that he was would continue the same man that he had declared himself to be in Scotland wherein doubtless as he was an expert Artist he equivocated and meant in his heart he would continue as Treacherous as ever which helped to keep a Loyal Impression of his Interest in the hearts of too many and an expectation of some good of him of which they were ashamed afterwards And immediatly before his return it s known what promises are contained in that Declaration from Breda from whence he came also the second time with greater Treachery than at the first to all Protestants that would live peaceably under his Government begining now to weigh out his perfidie perjurie breach of Covenant in offering to tolerote that in an Indulgence which he swore to maintain as a duty But in all this he purposed nothing but to ingyre ingratiate himself into the peoples over credulous affections that they might not obstruct his return which a jealousie of his intended Tyrannie would have awakened them to withstand And so having seated himself and strengthened his power against the attemptings of any whom his conscience might suggest an apprehension that they ought to resist him he thought himself discharged from all obligations of Covenants Oaths or promises for which his faith had been pledged And from the first hour of his arrival he did in a manner set himself to affront Defy the Authority of God and to be revenged upon his Kingdoms for inviting him so unanimously to sway their Scepter in polluting infecting the people with all debaucheries monstrous villanies and commencing his incestous Whoredoms that very first night he came to his Palace wherein he continued to his dying day outvying all for vileness Yet he went on deluding our Church with his dissimulations and would not discover all his wickedness hatched in his heart at first till his designs should be riper but directed a Letter to the Presbyterie of Edinburgh declaring he was resolved to protect preserve the Government of the Church of Scotland as it is settled by Law without violation Wherein it was observed he altered the Stile and spake never a word of the Covenant our Magna Charta of Religion Righteousness our greatest security for all Interests intrusted to him but only of Law by which as his practice expounded it afterwards he meant the Prelatical Church as it was settled by the Law of his Father since which time he reckoned there was no Law but Rebellion This was a piece preludie of our base defection degeneration into blind blockish brutish stupidity that after he had discovered so much perfidie we not only at first tempted him to Perjurie in admitting him to the Crown upon his mock-engagment in the Covenant whereby God was mocked His Spirit was grieved His Covenant prostituted the Church cheated the State betrayed but after the Lord had broken his yoke from off our necks by sending him to exile ten years where he was discovered to be imbibing all that venome Tyrannical violence which he afterward vented in revenge upon the Nations and after we had long smarted for our first transaction with him yet not withstanding of all this we beleeved him again and Issachar-like couched under his burdens and were so far from withstanding that we did not so much as witness against the readmission restauration of the head tail of Malignants but let them come in peaceably to the throne without any security to the Covenanted cause or for our Civil or Religious Interests and by piece meal at their oun ease leasure pleasure to overturn all the Work of God and reintroduce the old Antichristian yoke of abjured Prelacy and blasphemous Sacrelegious Supremacy and Absolute Arbitrary Tyrannie with all their abominations which he and with him the generality of our Nobility Gentry Clergy commonality by him corrupted without regard to faith or fear of God or man did promote propogate until the Nation was involved in the greatest revolt from rebellion against God that ever could be recorded in any Age or Generation Nay attended with greater grosser Aggravations than ever any could be capable of before us who have had the greatest Priviledges that ever any Church had since the National Church of the Iewes the greatest light the greatest effects of matchless magnified love the greatest Convictions of Sin the greatest Resolutions Solemn Engagments against it and the greatest Reformation from it that ever any had to abuse affront O Heavens be astonished at this horribly afraid for Scotland hath changed her Glory and the Crown hath fallen from off her head by an unparalelled Apostasie a free voluntary vvilfull deliberate Apostasie an avoued declared Authorized Apostasie Tyrannically carried on by Militarie violence cruelty a most universal every vvay unprecedented Apostasie I must a litle change my method in deducing the narration of this Catastrophe and subdistinguish this unhappie Period into several steps shevving hovv the Enemies opposition to Christ advanced and the Testimony of His
capable of exercing any power or place in Church or State. But finding this not yet sufficient security for this unsettled settlement because he wel understood the people stood no ways obliged to acknowledge him but only according to the solemn Covenants being the fundamental Conditions whereupon their Allegiance was founded as amongst all people the Articles mutually consented betwixt them and these whom they set over them are the constituent fundamentalls of Government and wel knowing that he his Associats by violating these Conditions had loosed the people from all subjection to him or any deriving power from him whereby the people might justly plead that since he had kept no Condition they were not now obliged to him he therefore contrived a new Oath of Allegiance to be imposed upon all in publick trust both in Church State wherein they are made to oblige themselves to that Boundless breaker of all Bonds Sacred Civil and his Successors also without any reciprocal obligation from him to them or any reserved restriction limitation or qualification as all humane Authority by Gods Ordinance must be bounded Whereby the Swearers have by Oath homologated the overturning of the very Basis of the Government making free people Slaves to the subverters thereof betraying their native Brethren posterity to the lust of Tyrannie and have in effect as really as if in plain termes affirmed that whatsoever Tyrannie shall command or do either as to the overturning of the work of God subverting of Religion destroying of Liberty or persecuting all the Godly to the utmost extremity they shall not only stupidly endure it but actively concur with it and assist in all this Tyrannie Alas there was no publick Testimony against this Trick to bring people under the yoke of Tyrannie except by some who suffered for Consciencious refusing it while many others did take it thinking to salve the matter by their pitiful quibleng senses of giving Cesar his due Where as this Cesar for whom these Loyal Allegâ—ers plead is not an ordinary Cesar but such a Cesar Nero or Caligula that if he got his due it would be in another kind Strange can Presbyterians swear that Allegiance which is substitute in the place of the broken burnt Covenant Or could they swear it to such a person who having broken buryed the Covenant that he who had sworn it might have another right and another Allegiance than that of the Covenant had then remitted to us all Allegiance founded upon the Covenant However having now prepared furnished himself with Tools so qualified for his purpose in Church State he prosecutes his Persecution with such fervour fury rage revenge impositions oppressions and with armed formed force against the faithful following their duty in a peaceable manner without the least shadow of Contempt even of his abused Authority that at length in the year 1666 a small party were compelled to go to defensive armes Which whatever was the desire of the Court as it is known how desirous they have been of an Insurrection when they thought themselves sure to suppress it that they might have a vent for their Cruelty and how one of the Brothers hath been heard say that if he might have his wish he would have them all turn Rebells and go to armes Yet it waâ— no predetermined design of that poor Handful For Sir Iames Turner pursuing his cruel orders in Galoway sent some Souldiers to apprehend a poor old man whom his neighbours compassionating intreated the Souldiers to loose him as he lay bound but were answered with drawen Swords and necessitated to their own defence In which they relieve the man and disarm the Souldiers and further attacqued some others oppressing that Countrey disarming 10 or 12 more and killing one that made resistence Whereupon the Countrey being alarmed and fearing from sad experience Sir Iames would certainly avenge this affront upon the whole Country without distinction of free unfree they gather about 54 horsemen march to Drumfreis take Sir Iames Turner Prisoner and disarm the Souldiers without any more violence Being thus by Providence engaged without any hope of retreat and getting some Concurrence of their Brethren in the same Condition they come to Lanerk where they renew the Covenant and thence to Pentland hills where by the holy Disposal of God they were routed many killed and 130 taken Prisoners who were treated so treacherously truculently as Turks would have blushed to have seen the like Hence now on the one hand we may see the Righteousness of God in leaving that Enemy to Him whom we embraced to make such avowed Discoveries of himself without a blush to the world and to scourge us with Scorpions that we nourished and put in his hands And also how justly at that time He left us into such a damp that like Asses we couched under all burdens and few came out to the help of the Lord against the Mighty drawing on them Meroz's Curse and the blood of their butchered Brethren after we had sitten seen and suffered all things Civil Sacred to be destroyed in our sight without resentment And though the Lord who called out these worthy Patriots who fell at Pentland to such an appearance for His Interests did take a Testimony of their hands with acceptance by sufferings and singularly Countenanced them in sealing it with their blood yet He would not give success nor His presence to the Enterprise but left them in a sort of infatuation without Counsel Conduct to be a prey to devourers that by a sad inadvertency they took in the Tyrants Interest into the State of the Quarrel Which should have warned His people for the future to have stated the Quarrel otherwise II. By this time and much more after the King gave as many proofs demonstrations of his being true to Antichrist in minding all the promises treaties with him as he had of his being false to Christ in all his Covenant Engagments with His People For in this same year 1666. he with his dear Royal Brother the Duke of York contrived countenanced abetted the burning of London evident by their employing their Guards to hinder the People from saving their oun and to dismiss the Incendiaries the Papists that were taken in the fact The Committee appointed to cognosce upon that business traced it fo far that they durst go no further unless they would arraign the Duke charge the King and yet before this it was enacted as Criminal for any to say the King was a Papist But having gained so much of his design in Scotland where he had established Prelacy advanced Tyranny to the hight of Absoluteness and his Supremacy almost beyond the reach of any additional supply yea above the Popes oun Claim and had now brought his only opposites the few faithful Witnesses of Christ to a Low pass he went on by Craft as wel as Cruelty to advance his oun in promoting
they were or to some other Paroches where they may be ordinary hearers and to declare condiscend upon the Paroches where they intend to have their Residence After this they assumed a Power to Dispose of these their Curats as they pleased and transport them from place to place whereof the only ground was a simple Act of Council the Instructions alwayes going along with them as the constant Companion of the Indulgence By all which it is apparent what ever these Ministers alledge in vindication of it to cover its deformity in their Balmes to take away its Stink and in their Surveyes to gather Plaisters to scurf over its Scurveyness viz. that it was but the removal of the Civil restraint And that they entered into their places by the Call of the People a meer mock pretence for a Prelimited imposition whereby that Ordinance of Christ was basely prostituted abused And that their Testimony Protestation was a Salvo for their conscience a meer Outopian fancy that the Indulgers with whom they bargained never heard of otherwise as they did with some who were faithful in testifying against their Encroachments they would soon have given them a Bill of Ease It cannot be denyed that that doleful Indulgeâ—â—e both in its Rise Contrivance Conveyance Grant Acceptance End Effects was a Grievous Encroachment upon the Princely Prerogative of Jesus Christ the only Head of the Church whereby the usurpers Supremacy was Homologated bowed to complyed with strengthened established the Cause Kingdom of Christ betrayed His Churches Priviledges surrendered His Enemies hardened His Friends stumbled and the Remnant rent ruined in that it was granted deduced from the Kings Supremacy and conveyed by the Council in that according to his pleasure he gave and they received a Licence warrant to such as he nominated Elected and judged fit qualified for it and fixed them in what particular Paroch he pleased to assign under the notion of a Confinment in that he imposed and they submitted to restrictions in the exercise of their Ministry in these particular Paroches inhibiting to Preach elswhere in the Church And with these restrictions he gave and they received instructions to regulate direct them in their functions All which was done without Advice or Consent of the Church And thereupon they have frequentlie been called coveened before the Counciâ— to give acâ—ount of their Ministerial exercise and some of them sentenced silenced deposed for alledged disobedience This was a manifest Treason against Christ which involved many in the actual guilt of it that day and many others who gaped after it could not obtain it and for more at that time since in the guilt of Misprision of Treason in passing this also without a witness Thus in holy judgement because of our Indulging Conniving at the usurper of Christs Throne He left a great part of the Ministers to take that wretched Indulgence and another part instead of remonstrating the wickedness of that deed have been left to palliate plaister Patronize it in keeping up the Credit of the King Councils Curats wherein they have shewed more zeal than ever against that wicked Indulgence Yet the Lord had some Witnesses who prettie early did give significations of their resentment of this dishonour done to Christ as Mr William Weer who having got the Legal Call of the People and discharging his duty honestly was turned out And Mr Iohn Burnet who wrote a Testimony directed to the Council shewing why he could not submit to that Indulgence inserted at large in the History of the Indulgence Where also we have the Testimony of other ten Ministers who drew up their Reasons of Non-Complyance with such a snare And Mr Alexander Blair who upon occasion of a Citation before the Council for not observing the 29 of Maij having with others made his appearance and got new Copies of Instructions presented to them being moved with zeal and remembering whose Ambassadour he was told the Council plainly that he could receive no Instructions from them in the exercise of his Ministry otherwise he should not be Christs Ambassadour but theirs and herewith lets their Instructions drop out of his hand knowing of no other Salvâ— or manner of Testifying for the Truth in the CaseØ› for which he was imprisoned died under Confinement But afterwards the Lord raised up some more explicite Witnesses against that defection All this Trouble was before the year 1673. About which time finding this device of Indulgences proved so steadable for his Service in Scotland he was induced to try it also in England which he did almost with the same or like success producing the same effects of defection security unfaithfulness The Occasion was upon his wars with the Dutch Which gave another demonstrative discovery of his Treacherie Popish perfidie in breaking League with them and entering into one with the French to destroy Religion Liberty in Britain Wherein the King of France assures him an Absolute Authority over his Parliaments and to reestablish the Catholick Religion in his Kingdoms of England Scotland Ireland to Compass which it was necessary first to abate the pride power of the Dutch and to reduce them to the sole Province of Holland by which means the King of England should have Zeland for a retreat in case of need and that the rest of the Low Countries should remain to the King of France if he could render himself Master of it But to return to Scotland While by the forementioned Device he thought he had utterly suppressed the Gospel in house field Meetings he was so far disappointed that these very means Machins by which he thought to bury it did chiefly contribute to its revival For when by Persecution many Ministers had been chased away by illegal Law-Sentences many had been banished away and by their ensnaring Indulgences many had been drawen away from their duty and others were now sentenced with Confinements Restraints if they should not choose fix their residence where they could not keep their Quiet Conscience both they were forced to wander and disperse through the Country and the People being tired of the cold dead Curats and wanting long the Ministrie of their old Pastors so longed hungered after the Word that they behoved to have it at any rate cost what it would which made them entertain the dispersed Ministers more earnestly and encouraged them more to their duty By whose Endeavours through the mighty power presence of God and the Light of His Countenance now shining through the Cloud after so fatal fearful a darkness that had over-clouded the Land for a while with such a resplendent brightness that it darkened the Prelatick Locusts and made them hisse and gnash their tongues for pain and dazeled the eyes of all Onlookers the Word of God grew exceedingly and went through at least the Southern borders of the Kingdom
that endeavour the defect of which through their former supineness gave no small encouragment to the Enemies They considered also what would be the consequence of that War declared against all the Faithful of tâ—e Land with a displayed banner prosecuted with fire â—word and all acts of horrid hostility published in printed Proclamations written in Characters of blood by barbarous souldiers so that none could enjoy Gospel Ordinances dispensed in Purity but upon the hazard of their lives And therefore to prevent frustrate these effects they endeavoured to put themselves in a posture And hereunto they were encouraged by the constant experience of the Lords countenancing their endeavours in that posture which alwayes proved successful for several years their enemies either turning their backs without disturbance when they observed them resolve defence or in their assaultings repulsed So that there was never a Meeting which stood to their defence got any considerable harme thereby Thus the Lord was with us while we were with Him but when we forsook Him then He forsook us and left us in the hands of our enemies However while Meetings for Gospel Ordinances did continue the wicked Rulers did not cease from time to time to encrease their numerous â—ands of Barbarous Souldiers for suppressing the Gospel in these field-Meetings And for their Maintinance they imposed new wicked arbitrary Cesses Taxations professedly required for suppressing Religion Liberty banishing the Gospel out of the Land and preserving promoting his Absoluteness over all Matters Persons Sacred Civil Which under that tentation of great suffering threatened to Refusers and under the disadvantage of the silence unfaithfulness of many Ministers who either did not condemn it or pleaded for the peaceable payment of it many did comply with it then and far more since Yet at that time there were far more Recusants in some places especially in the Western Shires than Complyers And there were many of the Ministers that did faithfully declare to the people the sin of it Not only from the illegality of its imposition by a convention of overawed and prelimited States but from the nature of that imposed Complyance that it was a sinful transaction with Christs declared Enemies a strengthening the hands of the wicked an Obedience to a wicked Law a Consenting to Christs Expulsion out of the Land and not only that but far worse than the sin of the Gadarens a formal Concurrence to assist His Expellers by maintaining their force a hiring our Oppressours to destroy Religion Liberty And from the fountain of it an Arbitrary power domineering over us and oppressing overpressing the Kingdoms with intollerable exactions That to pay it it was to entail slaverie on the posterity And from the declared end of it expressed in the very Narrative of the Act viz to levy maintain forces for suppressing dispersing Meetings of the Lords people and to shew unanimous affection for maintaining the Kings Supremacy as now established by Law which designs he resolved and would be capacitate by the Granters to effectuate by such a Grant which in effect to all tender Consciences had an evident tendency to the exauctorating the Lord Christ to maintain Souldiers to suppress His Work murder His Followers yet all this time Ministers Professors were unite and with one soul shoulder followed the Work of the Lord till the Indulged being dissatisfied with the Meetings in the fields whose Glory was like to overcloud obscure their beds of ease and especially being offended at the freedom faithfulness of some who set the Trumpet to their mouth and shewed Iacob his sins Israel his transgressions impartially without a clock or cover they began to make a faction among the Ministers and to devise how to quench the fervour of their zeal who were faithful for God. But the more they sought to extinguish it the more it brake out and blazed into a flame For Several of Christs Ambassadours touched affected with the affronts done to their Princely Master by the Supremacy and the Indulgence its Bastard brood brat began after long silence to discover its iniquity and to acquaint the people how the Usurper had invaded the Mediators Chair in taking upon him to depose suspend silence plant transplant His Ministers where when how he pleased and to give forth warrants Licences for admitting them with Canons Instructions for regulating them in the exercise of their Ministrie and to arraign censure them at his Courts for delinquencies in their Ministry pursuing all to the death who are faithful to Christ and maintain their Loyaltie to His Lawes and will not prostitute their Consciences to his lusts and bow doun to the Idol of his Supremacy but will oune the Kingly Authority of Christ. Yet others and the greater number of dissenting Ministers were not only deficient herein but defended them joyned with them and pretending prudence prevention of Schisme in effect homologated that deed and the practice of these Priests Ezek. 22. 26. teaching advising the people to hear them both by precept and going along with them in that Erastian Course And not only so but condemned censured such who preached against the sinfulness thereof especially in the first place Worthy Mr Walwood who was among the first Witnesses against that defection and Mr Kid Mr King Mr Cameron Mr Donald Cargil c. who sealed their Testimony afterwards with their blood yet then even by their Brethren were loaden with the reproachful Nicknames of Schismaticks blind Zeaâ—ots Iâ—suits c. But it was alwayes observed as long as Ministers were faithful in following the Lord in the way of their duty Professors were fervent And un-under all their Conflicts with Persecuters the courage zeal of the lovers of Christ was blazing and never out-braved by all the enemies boastings to undertake brisk Exploits which from time to time they were now and then essaying till defection destroyed and division diverted their zeal against the Enemis of God who before were alwayes the object against which they whetted the edge of their just Indignation Especially the insulting insolency insolent villanie of that publick Incendiarie the Arch-Prelate Sharp was judged intollerable by ingenuous Spirits because he had treacherously betrayed the Church Nation and being imployed as their delegate to oppose the threatened introduction of Prelacy he had like a perjured Apostate and perfidious Traitor advanced himself into the place of Primate of Scotland and being a member of Council he became a chief Instrument of all the Persecution and main Instigator to all the bloody violence cruelty that was exerced against the people of God by whose means the letter sent doun to stop the shedding of more blood after Pentland was keptâ— up until several of these Martyrs were Murdered Therefore in Iulij 1668. Mr Iames Mitchel thought in his duty to save himself deliver his Brethren and free the
Party of the Enemies in which they slew the Captain and about 12 or some moe of his men and afterwards they dispersed themselves also The Enemies searching the Country gleaned up the E. of Argyle himself Col. Rumbol an Englishman Mr Thomas Archer Minister Gawin Russel an David Law who were all condemned execute at Edinburgh and many others who were banished to America and about some 20 in the Highlands who were hanged at Inerarie In England the D. of Monmouths expedition though it had more action yet terminated in the same success the loss of many hundred lives many killed in Battel And afterwas by the mercy of the Duke of York several hunderds in the West of England were carried about and hanged before the door of their oun habitations and to make his Captains sport by the way according to the number of the hours of the day when the murdering humour came in their head so many of the poor Captives were hanged as a prodigious monument of monstrous Crueltie This was the Comencement of the present Tyrants Government In the mean time the Wanderers in Scotland thô they did not associate with this Expedition upon the account of the too promiscuous admittence of persons to trust in that Partie who were then and since have discovered themselves to be Enemies to the Cause and because they could not espouse their Declaration as the State of their Quarrel being not concerted according to the constant Plea of the Scots Covenanters and for other reasons given in their late Vindication yet against this Usurpation of a bloody Papist advancing himself to the Throne in such a manner they published another Declaration at Sanquhair May 28. 1685. Wherein Approving adhering unto all their former Declarations And considering that Iames Duke of York a Profest Excommunicate Papist was proclaimed To testify their resentment of that deed And to make it appear unto the world that they were free thereof by concurrence or connivance They Protest against the foresaid Proclamation of Iames Duke of York as King In regard that it is the choosing of a Murtherer to be a Governour who hath shed the blood of the Saints that it is the hight of Confederacy with an Idolater for bidden by the Law of God contrarie to the Declaration of the Gen. Ass. of the Church Iulij 27. 1649. And contrary to many wholesome laudable Acts of Parliament and inconsistent with the safety faith Conscience Christian Libertie of a Christian People to chuse a subject of Antichrist to be their Supreme Magistrate and to entrust an Enemy to the Work People of God with the Interests of both And upon many important grounds reasons which there they express they Protest against the validity Constitution of that Parliament approving ratifying the foresaid Proclamation And against all kind of Poperie in General Particular heads as abjured by the National Covenant and abrogated by Acts of Parliament and against its entrie again into this Land And every thing that doth or may directly or indirectly make way for the same Disclaiming likewise all Sectarianisme Malignancy and any Confederacy therewith This was their Testimony against Poperie in the season thereof which thô it was not so much condemned as any former Declarations yet neither in this had they the Concurrence of any Ministers or Professors who as they had been silent and omitted a seasonable Testimony against Prelacy and the Supremacy when these were introduced so now also even when this wicked Mysterie Conspiracie of Poperie Tyrannie twisted together in the present designe of Antichrist had made so great a progress and was evidently brought above board they were left to let â—lip this opportunity of a Testimony also to the reproach of the declining far degenerate Church of Scotland Yea to their shame the very rabble of ignorant People may be brought as a witness against the body of Presbyterian Ministers in Scotland in that they testified their detestation of the first Erection of the Idolatrous Mass and some of the souldierie and such as had no Profession of Religion suffered unto death for speaking against Poperie and the designs of the King while the Ministers were silent And some of the Curats and members of the late Parliament 1686. made some stickling against the taking away of the penal Statutes against Papists while Presbyterians from whom might have been expected greater opposition were sleeping in a profound submission I cannot without Confusion of Spirit touch these obvious dolorous reflections and yet in candor cannot forbear them However the Persecution against the Wanderers went on and more cruel Edicts were given forth against them while a relenting abatement of severity was pretended against other Dissenters At length what could not be obtained by Law at the late Parliament for taking off the Statutes against Papists was effectuated by Prerogative and to make it pass with the greater approbation it was convoyed in a channel of pretended Clemency offering a sort of Liberty but really introducing a licencious Latitude for bringing in all future snares by taking off some former as arbitrarly as before they were imposed in a Proclamation dated Feb. 12. 1687. Granting by the Kings Soveraign Authority Prerogative Royal and absolute power which all Subjects are to obey without reserve a Royal Toleration to the several Professors of the Christian Religion afternamed with under the several Conditions restrictions limitations aftermentioned In the first place tolerating the Moderate Presbyterians to meet in their private houses and there to hear all such Ministers as either have or are willing to accept of the Indulgence allanerly and none other And that there be nothing said or done contrare to the wel peace of his reign seditious or treasonable under the highest pains these Crimes will import nor are they to presume to build Meeting houses or to use out-houses or barns In the mean time it s his Royal will pleasure that Field Conventicles and such as Preach at them or who shall any way assist or connive at them shall be prosecute according to the utmost severity of Lawes made against them In like manner tolerating the Quakers to meet exercise in their forme in any place or places appointed for their Worship And by the same absolute power foresaid suspending stoping disabling all Lawes or Acts of Parliament Customs or Constitutions against any Roman Catholick subjects So that they shall in all things be as free in all respects as any Protestant subjects whatsoever not only to exercise their Religion but to enjoy all Offices benefices c. which he shall think fit to bestow upon them in all time coming And cassing annulling discharging all Oaths whatsoever and Tests and Lawes enjoyning them And in place of them this Oath only is to be taken I A. B. do ackowledge testifie declare that Iames the Seventh c. is rightful King Supreme Governour of these Realms and
over all persons therein And that it is unlawful for Subjects on any Pretence or for any Cause whatsoever to rise in Armes against him or any Commissionated by him and that I shall never so rise in Armes nor assist any who shall so do And that I shall never resist his power or Authority nor ever oppose this Authority to his person but shall to the utmost of my power assist defend maintain him his heirs lawful successors in the exercise of their Absolute power Authority against all deadly And by the same absolute power giving his ful ample Indemnitie to all the foresaid sorts of People under the foresaid restrictions Here is a Proclamation for a Prince That Proclaims him in whose name it is emitted to be the greatest Tyrant that ever lived in the world and their Revolt who have disouned him to be the justest that ever was For herein that Monster of Prerogative is not only advanced paramount to all Lawes Divine humane but far surmounting all the lust impudence insolence of all the Roman Sicilian Turkish Tartarian or Indian Tyrants that ever trampled upon the Liberties of Mankind who have indeed demanded absolute subjectio◠surrender of their Lives Lands Liberties at their pleasure but never arrived at such a hight of arrogance as this does to claim absolute obedience without reserve of Conscience Religion Honour or Reason Not only that which ignorantly is called Passive never to resist him not only on any Pretence but for any Cause even thô he should command his Popish Ianizaries to murder massacre all Protestants which is the tender mercy burning fervent charity of Papists but also of absolute Active obedience without reserve to assist defend maintain him in every thing whereby he shall be pleased to exercise his absolute power thô he should command to burn the Bible as well as the Covenant as already he applauded Iohn Gib in doing of it and to burn and butcher all that will not go to Mass which we have all grounds to expect will be the end of his Clemency at last Herein he claims a power to command what he will and obliging subjects to obey whatsoever he will command A power to rescind stop disable all Lawes which unhinges all stabilitie and unsettles all the security of humane societie yea extinguishes all that remains of natural Liberty Wherein as is wel observed by the Author of the Representation of the threatening dangers impending over Protestants Pag. 53. It is very natural to observe that he allowes the Government under which we were born and to which we were sworn to be hereby subverted changed and that thereupon we are not only absolved acquited from all Allegiance to him but indispensably obliged by the ties engagments that are upon us to apply our selves to the use of all means endeavours against him as an Enemy of the People subverter of the legal Government But this was so gross and grievously gripping in its restrictions as to persons as to the place as to the matter allowed the Presbyterians in Preaching that it was disdained of all and therefore he behoved to busk it better and mend the matter in a Letter to the Council the Supreme Law of Scotland bearing date March 31. 1687. of this tenor Whereas we did recommend to yow to take care that any of the Presbyterians should not be allowed to Preach but such only as should have your Allowance for the same and that they at the receiving the Indulgence should take the Oath contained in the Proclamation These are therefore to let you know that thereby we meant such of them as did not solemnly take the Test but if nevertheless the Presbyterian Preachers do scruple to take the said Oath or any other Oath whatsoever and that you shall find it reasonable or fit to grant them or any of them our said Indulgence so as they desire it upon these termes It is now our will pleasure to grant them our said Indulgence without being obliged to take the Oath with power unto them to enjoy the benefite of the said Indulgence during our pleasure only or so long as yow shall find they behave themselves regularly peaceably without giving any cause of offence to us or any in Authority or trust under us in our Government Thus finding the former Proposal not adequately apportioned to his design because of its palpable odiousness he would pretend his meaning was mistaken thô it was manifest enough and mitigate the matter by taking away of the Oaths altogether if any should scruple it whereas he could not but know that all that had sense would abhor it yet it is clogged with the same restrictions limited to the same persons characterized more plainly and peremptorly with an addition of Cautions not only that they shall not say or do any thing contrare to the wel peace of his reign seditious or treasonable but also that they behave themselves regularly peaceably without giving any cause of offence to him or any under him which comprehends lesser offences than sedition or treason even every thing that will displease a Tyrant and a Papist that is all faithfulness in seasonable Duties or Testimonies But at length lest the difformity disparity of the Proclamation for the Toleration in Scotland and the Declaration for Liberty of Conscience in England should make his Pretences to Conscience suspect of disingenuity and lest it should be said he had one Conscience for England and another for Scotland therefore he added a third eke to the liberty but such as made it still an ill favoured patched project to destroy Religion true Liberty in another Proclamation dated at Windsor Iune 28. 1687. wherein he sayes Taking into our Royal Consideration the sinistrous Interpretations which either have or may be made of some Restrictions mentioned in the last we have thought fit by this further to declare that we will Protect our Arch-bishops c. And we do likewise by our Soveraign Authority Prerogative Royal and Absolute power suspend stop disable all penal Sanguinary Lawes made against any for Non-conformity to the Religion established by Law in that our Ancient Kingdom to the end that by the Liberty thereby granted the peace security of our Government in the practice thereof may not be endangered we hereby straitly charge all our Loving subjects that as we do give them leave to meet serve God after their oun way in private Houses Chappels or Places purposely hired or built for that use so that they take care that nothing be Preached or taught which may any way tend to alienate the hearts of our People from us our Government and that their Meetings be peaceably publickly held and all persons freely admitted to them and that they do signify make known to some one or more of the next Privie Councellors Sheriffs Stewards Bailiffs Justices of the Peace or Magistrats
words to express in short But in a word no Party of Tâ—rtars invading the Land or Crue of Cutthroats destroying the Inhabitants or the most Capital Malefactors could have been more violently opposed or more vigorously sought to be suppressed than these poor Meeters were But I must make some more special hints 1. They not only raised more forces to exhaust the strength substance of the already wasted Country and laid on continued from one terme to another that wicked exaction cruel oppression of the Cess for the same declared ends of suppressing banishing what remained of the Gospel and imposed Localities for maintaining the Souldiers imployed in those designs for refusing which many families were pillaged plundered quite impoverished besides the heating abusing them But also they went on unweariedly with their Courts of Inquisition pressing the Bonds of peace and dragging them like dogs to Prisons that would not subscribe them And for taking up in their Porteous Rolls the names of all that were suspect to have been at 〈◊〉 Inâ—urection which they gathered by the Informations of â—â—â—cophants and reputed them convict if being 〈◊〉 they did not appear and forced others to swear 〈◊〉 and delate upon Oath whom they did either â—ee or heard that they were in armes or went to Meetings And such as refused suffered bonds or banishment Yea having made it Criminal to reset harbour corrospond or converse with these whom they declared Rebels they thereupon imprisoned fined ruined vast numbers 〈◊〉 having seen or spoken with some of them or because they did not discover or apprehend them when they 〈◊〉 they might and even when they were not obliged and could not know whether they were obâ—oâ—ious persons or not for which many Gentlemen others were Indyâ—ed imprisoned and soâ—e arraigned condemned to death For these Causes the Country 〈◊〉 harrassed destroyed by four extraordinary Circuit 〈◊〉 successively going about with their numerous trainâ—â— whereby many were grievously oppressed and with their oppressions tempted with many Impositions of Conscience debauching Oaths Bonds to compear when called and to keep the Church and to refrain from going to Meetings c. and by these tentations involved in Complyances and Defections 2. To enrich themselves by these means with the spoyl of the Country did not satisfie these Destroyers but they must glut themselves with the blood of the Saints upon every pretext that they could catch under any colour of Law. As upon the account of Bothwel Insurrection many were cruelly executed to the death some Gentlemen and some Common Country men without any Legal Conviction by packing bloody Juries Assises most partially for their Murdering ends besides more than can be reckoned that were kept to perish in their imprisonments And not only for being actually in armes or any overt act of transgressing their wicked Lawes but even for their extorted opinion of things or because they could not condemn these necessitated Risings in armes to be Rebellion and a sin against God which they were forced to declare by terrible menacings of death torture they have been condemned to death making their arbitrary Lawes to reach the heart thoughts inward sentiments of the mind as well as outward actions Whereupon this became a Criminal question robbing many of their Lives Was the rising at Bothwel-bridge Rebellion and a sin against God And this another Was the killing of the Bishop of St Andrewes horrid Murther which if any answered negatively or did not answer affirmatively they were cruelly condemned to death for which first five innocent Christians were execute upon the spot where that Murtherer fell Tho they declared and it was known they were as free as the Child unborn and that some of them had never seen a Bishop that they knew from another man and were never in that place of the Country where he was killed And afterwards this was the constant question that all brought before them were troubled with which some avouching to be duty were dismembered alive their hands struck off and then hanged and their heads cut off when dead 3. After Sanquhair Declaration they observed the Jesuites rules more exactly especially that mentioned above to load the Opinions as are most obnoxious with all odious Constructions and to make it both Criminal to declare them and also Criminal to conceal wave their intrapping questions thereupon For after Mr Halâ— was killed at the Queensferrie and Mr Cameron with several worthies were slain at Airsmoss and after Mr Hackstoun for declining the Authority of his Murderers head and tail and for being accessory to executing Judgement upon the Arch-traitor or Arch-Bishop of St Andrewes thô he laid not his hands on him himself nor was present at the action but at a distance when it was done was tortured alive with the cuting off of his hands and then hanged and before he was dead ripped up his heart taken out carried about on the point of a knife and throun into a fire and afterwards his body quartered Then not only such as were with that litle handful at Airsmoss were cruelly murdered but others against whom they could charge no matter of fact were questioned if they ouned the Kings Authority which if any did not Answer affirmatively positively he was to look for nothing but exquisite torments by terrible kinds of tortures death besides And if any declared their judgement that they could not in Conscience oune such Authority as was then exercised or if they declined to give their thoughts of it as judging thoughts to be under no humane jurisdiction or if they answered with such innocent specifications as these that they ouned all Authority in the Lord or for the Lord or according to the Word of God or all just Lawful Authority these under-went suffered the Capital punishment of Treason And yet both for declining declaring their extorted Answers about this they were condemned as unsufferable Maintainers of Principles inconsistent with Government 4. But here as in Egypt the more they were afflicted the more they grew the more that the Enemâ—es rage was increased the more were the People inflamed to inquire about the Grounds of their Suffering seeing rational men and Religious Christians die so resolutely upon them And the more they insisted in this Inquisition the more did the number of Witnesses multiply with a growing increase undauntedness so that the then shed blood of the Martyrs became the seed of the Church and as by hearing seeing them so signally countenanced of the Lord many were reclaimed from their Courses of Complyance so others were daylie more more confirmed in the wayes of the Lord and so strengthened by His Grace that they choose rather to endure all Torture and embrace death in its most terrible aspect than to give the Tyrant his Complices any acknowledgment yea not so much as to say God save the King which was offered as the price of their life and
Test of their acknowledgment but they would not accept Deliverance on these termes that they might obtain a better Resurrection Which so enraged the Tygrish Truculency of these Persecuters that they spared neither age sexe nor Profession the tenderness of youth did not move them to any relenting in murdering very boyes upon this head nor the gray hairs of the aged neither were women spared but some were hanged some drouned tied to Stakes within the Sea-mark to be devoured gradually with the growing waves and some of them of a very young some of an old age Especially after the murder of the never to be forgotten Martyr Mr Cargil the multitude of merciless Sufferings upon this account cannot be enumerated which encreased far beyond all the former steps after the Lanerk Declaration which was burnt with great Solemnity by the Magistrats of Edinburgh in their robes together with the Solemn League Covenant which had been burnt before but then they would more declaredly give new demonstrastrations of their rage against it because they confessed and were convinced of its being conforme unto founded upon that Covenant And because the Incorporation of Lanerk did not because they could not hinder the publishing of it therefore they were threatened with the loss of their Priviledges and forced to pay 6000 Merks Upon the back of which the Sufferings of poor People that ouned the Testimony were sadder sharper and further extended than ever Some being banished for Souldiers to Flanders c. some to be sold as Slaves in Carolina and other Places in America to empty the filled Prisons and make room for more â— which were daylie brought in from all quarters and either kept languishing in their â—asty Prisons or Thiefes holes in bolts irons to make them weary of their life or dispatched as Sacrifices and led as dumb Sheep to the slaughter without suffering them to speak their dying words for beating of Drums or disposed of to Masters of Ships to be transported in Slaverie 5. Had they satisfied themselves with murdering them out of hand it would have been more tolerable and reckoned some degree of mercy in comparison of their malice which after all their endeavours to murder their Souls by ensnaring Offers enslaving Bonds blasphemous contradictory Oaths and multiplying captious Questions to catch the Conscience or at least vexe the Spirits of the Righteous whom they could not prevail with to put forth their hands into iniquity did proceed to invent all exquisite torments more terrible than death Some at their first apprehending were tortured with Fire-matches burning and for ever thereafter disabling their hands Then laid fast locked up in great Irons upon their legs where they lay many Moneths in the cold of winter without any relaxation Some were tortured with the Boots squeezing out the marrow of their legs Others with Thumbkins piercing bruising the bones of their thumbs And some tormented with both one after another and besides kept waking nine nights together by watchful Souldiers who were sworn not to let the afflicted person sleep all that time 6. All this Tyranny had been the more tolerable if they had kept within any bounds of colourable or pretended shadow of legality or in any consonancy to their oun wicked Lawes or exemplars of any former Persecutions But in an ambition to outdo all the Nero's Domitians Dioclesians Duke d' Alva's or Lewis de Grands they scorned all formes as wel as Justice of Law and set up monstrous Monuments of unprecedented illegalitie inhumanitie For when after all their hornings harrassâ—ngs huntings searchings chasings catchings imprisonments torturings banishments and effusions of blood yet they could not get the Meetings crushed either in publick or private nor the zeal of the poor Wanderers quenched with whom they had interdicted all harbour supply comfort refreshment converse or corrospondence and whom they had driven out of their oun all other habitations in Touns Villages or Cottages to the Deserts Mountains Moors Mosses in whose hags holes they were forced to make Dens Caves to hide themselves but that they would still meet for the Worship of God either in Publick though mostly in the cold winter nights or in their Private fellowships for Prayer Conference and to rescue their Brethren and prevent their Murder in these extremities would surprize and take advantages of the Souldiers now then They then raged beyond all bounds and not only apprehending many innocent persons against whom they had nothing to accuse them of but because they could not satisfie them in their Answers sentenced and executed them all in one day and made an Act to do so with all but allowed the bloody Souldiers to murder them without either Tryal or Sentence Especially after the Apologetical Declaration affixed on the Church-doors they acted with an unheard of Arbitrariness For not only did they frame an Oath of Abjuration renouncing the same but pressed it universally upon pain of death upon all men women in City Country and went from house to house forcing young old to give their judgement of that Declaration and of the Kings Authority c. to ridicule and reproach and make a Ludibrum of all Government yea impowered Souldiers common Varlets to impannel Juries condemn cause to be put to death innocent Recusants and having stopt all Travel Commerce without a Pass signifying they had taken that Oath they gave power to all Hostlers Inn-keepers to impose Oaths upon all Passengers Travellers Gentlemen or Countrymen who were to swear that their Pass was not forged And Prisoners that would not take the Oath were according to the foresaid Act condemned sentenced execute all in one day and early in the morning that the People might not be affected with the Spectacles of their bloody Severities Yea Spectators also that gathered to see the execution were imposed upon and commanded to give their judgement whether these men were justly put to death or not And not only so but after that they gave Orders Commands to to the Souldiers to pursue the chase after these Wanderers more violently and shoot or other wise put them to death wherever they could apprehend them Whereby many were taken instantly most inhumanely murdered IV. In the begining of this killing time as the Country calls it the first Author Authorizer of all these Mischiefs Charles II. was removed by death Then one would have thought the Severity would have stopped And the Duke of York succeding in his late Proclamation would make the world beleeve that it never was his principle nor will he ever suffer violence to be offered to any mans Conscience nor use force or invincible necessity against any man on the account of his persuasion Smooth words to cover the mischiefs of his former Destructions and the wickedness of his future designs To which his former celebrated saying that it would never be well till all the south-syd of Forth were
made a hunting-field and his acts actings designed to veâ—ify it since his unhappy succession do give the lie For immediatly upon his mounting the Throne the executions and Acts prosecuting the Persecution of the poor Wanderers were more Cruel than ever 1. There were more butchered slaughtered in the fields without all shadow of Law or Trial or Sentence than in all the former Tyrants reign who were murdered without time given to deliberate upon death or space to conclude their Prayers but either in the instant when they were Praying shooting them to death or surprizing them in their Caves and murdering them there without any grant of Prayer at all Yea many of them murdered without taking notice of any thing to be laid against them according to the worst of their oun Lawes but slain cut off without any pity when they were found at their labour in the field or travelling upon the road And such as were Prisoners were condemned for â—eâ—using to take the Oath of Abjuration and to oune the Authority and surprized with their execution not knowing certainly the time when it should be yea leff in suspense whether it should be or not as if it had been on design to destroy both their Souls Bodies Yea Queensâ—errie had the impudence to express his desire of it when some went to sollicite him being then Commissioner for a Reprieval in favours of some of them he told them they should not have time to prepare for Heaven hell was too good for them 2. There have been more banished to forreign Plantations in this mans time than in the others Within these two years several shipfulls of honest Consciencious Sufferers have been sent to Iamacia to which before they were sent some had their ears cutt New Ieresey Barbadoes in such Crouds Numbers that many have died in transportation as many also died before in their pinching Prisons so thronged that they had neither room to lye nor sit Particularly the Barbarous usage of a great multitude of them that were sent to Denotter Castle when there was no room for them in Edinburgh is never to be forgotten which the wildest rudest of Savages would have thought shame of They were all that long way made to travel on foot men women and some of both sexes very infirme decrepite through age and several sick guarded by bonds of Souldiers And then put in to an old ruinous rusty house and shut up under vauts above 80 in a room men women without air without ease without place either to lie or walk without any Comfort save what they had from Heaven so straitened for want of refreshment which they could not have but at exorbitant prices inconsistent with their poor empty purses and so suffocated with the smell of the place and of their oun excrements that as several of them died so it was a wonder of Mercy that any of them could outlive that Miserie Yet there they remained some moneths at a distance from all their friends being sent thither to that Northern Corner out of the South West borders of the Country and some out of London Whose transportation hither if it were not a part of this Tragical Story would seem a merry ridiculous passage to Strangers discovering the ridiculous folly as well as the outragious fury of their Persecuters For at a Private Meeting in London among others some Scotchmen of very mean figure some Taylors a Shoemaker a Chap man c. were taken being found to be Scotchmen were not only examined at the Common Courts there but by Sir Andrew Foster by express Commission from the late King a litle before his death who threatened them under a strange sort of Certification considering what fell out immediately thereafter that assuredly they should be sent to Scotland very shortly if there were not a Revolution of the Government But this Revolution following within a few dayes retarded it a litle yet not long thereafter they were sent in a Yacht with a Guard of Souldiers and a Charge of high Treason But when brought before the Council of Scotland the amount of all that â—ussle with them was a Question posed to them under pain of death whether the King should be King or no that is wheither they ouned his Authority or not Yet thô some of the poor men did oune it they were sent to Denotter Castle And thence among the rest banished transported to New Iersey in which passage by reason of their Croud bad provision the most part in the ship were cast into a fever and upwards of 60 died yea even since the former Proclamation for this pretended Liberty there are 21. men and 5. women sent to Barbadoes against whom nothing could be aâ—ledged but matters of meer Religion Conscience which as it Proclaims the Notoriousness of these impudent lies wherewith the Proclamations for this Liberty are stuffed So it puts an indeleble brand of infamy upon some Lâ—ndon Merchants that are said to pretend to some profession of Religion who sent the ship to transport them thereby to make gain of the merchandise of the Lords Captives 3. There have been more Cruel Acts of Parliament enacted in this Tyrants time than the former made all his reign For in his first Parliament held by Queensberrie Commissioner not only was there an Act for making it Treason to refuse the Oath of Abjuration confirming all the illegalities of their Procedure hereupon before but an Act making it Criminal to oune the Covenant and another Act making it Criminal for any to be present at a Field Meeting which was only so to Preachers before Yet neither these Acts and all the executions following upon them have daunted nor I hope shall drive them nor the Indemnity and Toleration so generally now applauded draw them from the Duty of ouning both these that are so much the more Publickly to be avouched that they are so openly interdicted by wicked blasphemous Tranny though for the same they expect from the Scotish Inquisition all the murdering violence that hell Rome and Malignant rage can exert But to conclude this Tragical Deduction As these hints we have heaped together of the Kinds several sorts the Particulars being impossible to be reckoned of barbarities and arbitrary Methods used in carrying on this Persecution demonstrating the reign or rather rage of these two Dominators under which we have houled these 27 years to be a Complete habitual Tyranny do discover the inhumanity illegality of their Proceedings having no other Precedent save that of the French Conversions or Spanish Inquisition out done by many stages in respect of Illegality by the Scotish Inquisition and the Practices of the Council of Scotland and Iusticiary Court So I shall shut up all in a summarie Relation of the Common Practicks formes of Procedure in these Courts which will be useful to understand a litle more distinctly to the end
Absolute Power foresaid against Christ and without subordation to Him from whom as we sought none so we received no Power by His Warrant Grant and against whom we mind to manage it to the utter most of out power Yet reflecting upon the Conduct of the four last Reigns how after all the frequent pressing endeavours that were used in each of them to reduce our Kingdoms to Antichrist the Subjects of Christ were so stubborn that the success hath not answered the designe We must now change our Methods alitle and tollerate that Profession of Christ which we cannot yet get overturned His Subjects being so numerous but alwayes upon these termes that they take aspecial care that nothing be Preached or taught among them which may be a Testimony for Christs Prerogatives in opposition to our Usurpation or may any way tend to alienate the hearts of our People from us or our Government or Preach his Truths which we have condemned as Seditious Treasonable under the highest pains these Crimes will import Hereby we shall establish our Government on such a foundation on the ruine of Christs as may make our subjects happy and unite them to us by Inclination as well as Duty in a belief that we will not constrain Conscience in matters of meer Religion for which we have a Dispensation from our holy-Father and also from our oun Absoluteness to be slaves to this Promise no longer then consists with our Interest And which we have power to Interpret as we please And would have all to understand that no Testimony for Christs Supremacy against our Encroachments thereupon shall be Comprehended under these Matters of meer Religion â—or which the Conscience shall not be constrained But we will have the Consciences of such Subjects of his that dare assert it brought to a Test probation how they stand affected in this Competition betuixt us this King Iesus and see whether they will oune or decline our Authority because not of him nor for him nor to him but against him all his Interests Our will is therefore that all who will Countenance any other Meetings of His Subjects than we have allowed or connive at them shall be prosecuted according to the utmost severity of our Lawes made against them which we leave in full force vigour notwithstanding of the Premises And for this effect we further Command all our Iudges Magistrats Officers of our Forces to prosecute all these Subjects Followers of Christ who shall be guilty of treating with or paying homage to that exauctorated King of theirs in their Assemblies with His Ambassadours in the Fields with the utmost rigor as they would avoid our highest Displeasure for we are confident none will after these Liberties freedoms we have given to all without reserve to serve God Publickly in such a way as we by our Soveraign Authority Prerogative Royal Absolute Power foresaid have prescribed allowed presume to meet in these Assemblies except such whose Loyaltie to Christ doth alienate them from us our Government As also under the same Certifications by the same Soveraign Authority Prerogative Royal Absolute Power foresaid We charge impower warrand Authorize against all hazards Hell excepted all our foresaid Judges Officers in their respective places to Prosecute execute our Lawes against all that may be suspected or convicted of their Adherence to Christ or be found guilty of ouning their Allegiance to Him as their Liege Lord by Solemn Covenant which we have caused burn by the hand of the hangman and declared Criminal to oune it or shall be found guilty of declining Allegiance to us our Absolute Authority stated in opposition to Him His or of maintaining that pernicious Principle inconsistent with our Government that their lives are their oun which they will preserve without surrender to our Mercy All which we Command to be executed to death or banished as Slaves as shall be found most conducible to our Interest And to the end the few that remain of that way may be totally exterminated we straitly Command all our Souldiers Horse Foot to be ready upon order to march make search pursue follow seise apprehend kill slay cause to perish all such whether they shall be found at Meetings or in their wanderings wherever they may be apprehended And ordain all our good Subjects to be assistent to these our Forces in prosecuting this War against Christ and his Followers and Contribute their best help encouragement in giving them their required Maintinance duely paying the Cess Locality imposed for that end And that they shall not dare to Countenance Converse with resett harbour supply or keep any manner of Correspondence with any of these Traitors that adhere to Christ under the pain of being found airt part with them and obnoxious to the same Punishments to which they are lyable But on the contrary to Assist our Forces to apprehend and raise the Hue Cry after them wherever they shall be seen that they may be forthwith purswed seised cut off destroyed which we order to be instantly done upon the place where â—â—ey or any of them are apprehended that without any delay or mercy to age or sexe c. On the other hand if any will take a look of the Declarations Testimonies of the other Party without prejudice or stumbling at some Expressions which may be offensive to Criticks he will find the Scope Strain of them to have this Importance WE a Poor Company of Persecuted reproached despised Christians who indeed have not many wise men among us after the flesh not many mighty not many noble but are a few foolish weak base despised nothings in the world Yet having this Ambition to be His called chosen faithful Souldiers who is King of Glory King of Heaven King of Saints King of Nations King of Kings whose Kingdom is Everlasting Universal Considering the many insolent indignities affronts reproaches cast upon His Name Glory and the many Usurpations Encroachments Invasions made upon His Croun dignity by a Pestilent Generation of His Atheistical Papistical Prelatical Tyrannical Enemies who have rebelled against Him and have renounced corrupted subverted His Royal Government both in the Church in the world both in His Kingdom of Grace and of Power Do bear Witness Testimony against these Rebels from the Highest to the Lowest And assert the Interest Title of our Princely Master and oune Allegiance absolute obedience to Him and His Government to which He hath all undoubted right An Essential right by His Eternal God head being the Everlasting Father whose goings forth have been of old from Everlasting A Covenant right by Compact with the Father to bear the Glory and rule upon His Throne by virtue of the Council of Peace between them both A Donative right by the Fathers right of Delegation by which He hath
Gospel destruction of many poor Souls But through the ignorance neglect of this Duty of trying whom we should hear by seeking some satisfieing evidence of their being cloathed with Authority from Christ the world hath been left louse in a Licence to hear what they pleased and so have received the Poison of error from Monte banks instead of the true wholesome Potions of Christs Prescripts from them that had Power skill to administer them Hence the many Sects Schismes errors that have Pestered the Church in all ages have in a great measure proceeded from this latitude laxness of Promiscous hearing of all whom they pleased whom either the worlds Authority impowered or by other means were possessed of the place of Preaching without taking any Cognizance whether they had the Characters of Christs Ambassadours or not If this had been observed and People had scrupled refused to hear these whom they might know should not have Preached neither the Great Antichrist nor the many lesser Antichrists would have had such footing in the world as they have this day It is then of no small Consequence to have this Question cleared Neither is it of small difficulty to solve the intricacies of it what Characters to fix for a discovery of Christs true Ministers whom we should submit to obey in the Lord and Love esteem them for their Works sake and for their qualities sake as standing in Christs stead having the dispensation of the word of Reconciliation committed to them And how we may discern those Characters what judgment is incumbent to private Christians for the satisfaction of theiroun Consciences in the Case And how they ought to demean themselves in their practice with out Scandal on either hand or sin against their oun Conscience how to avoid the rocks Extremes that inadvertency or precipitancy in this matter may rush upon So as to escape sail by the Scylla of sinful Separation on the one hand and the Charybdis of sinful union Communion on the other which are equally dangerous especially how these Cautions are to be managed in a broken and disturbed divided Case of the Church The Question also is the more difficult that as it was never so much questioned before this time and never so much sought to be obscured by the perverse disputings of men of corrupt minds to find out evasions to cover sin escape sufferings upon this account So it hath never been discussed by Divines either at home or abroad with relation to our Case except what hath been of late by some faithful men who have suffered upon this head from whom I shall gather the most of my Arguments in as Compendious a way as I can without wronging them The reason I fancy that we are at such a loss in our helps from the Learned on this head is partly that they have written with relation to their oun times in a Constitute Case of the Church when Corruptions disorders might be orderly rectified and people might have access to get their scruples removed in a Legal way by Church-order in which case the Learned Judicious Mr Durham hath written excellently in his book on Scandal but therein neither he nor others did consult nor could have a prospect of such a case as ours is And partly that forreign Divines not having this for their exercise could not be acquainted with our circumstantiate case and so are not fit nor Competent Arbiters to decide this Contraversie hence many of them do wonder at our sufferings upon this head Every Church is best acquainted with her oun Testimony Yet we want not the suffrage of some of the Learnedst of them as the Great Gisb. Voetius in his Polit Eccles. in several places comes near to favour us where he allowes People to leave some hear such Ministers as they profit most by from these grounds that people should chuse the best most edifying gifts and from that scripture 1 Thess. 5. 21. Prove all things c. and answers objections to the contrare and granteth that upon several occasions one may abstain from explicite Communion with a Corrupt Church for these reasons that such Communion is not absolutely necessary Necessitate either Medii or Precepti where the Christian shall have more peace of Conscience and free exercise of Christian Duties elswhere And that he may keep Communion with more Purity in other places Polit. Ecces Quest. 17. Pag. 68. And he approves of People refusing to bring their Children to be baptized by such Corrupt Ministers because they may wait until they have occasion of a Minister for if the best gifts be to be Coveted why should not the best Ministers be preferred and why should not Christians shew by their deeds that they honour such as fear the Lord contemn a vile Person They ought not to partake of other mens sins 1 Cor. 5. 9. 11. Eph. 5. 11. They should not strengthen the hands of the wicked and make sad the Godly The Authority of such Ministers should not be strengthened Voet. Polit Eccles. Pag. 637. to 640. But though it labour under all these disadvantages yet it is not the less but so much the rather necessary to say somwhat to clear it with dependance upon light from the Fountain and with the help of those faithful men who hath sufficiently cleared it up to all that have a Conscience not blinded or bribed with some prejudices by which more light hath accrued to the Church in this point of withdrawing from Corrupt Ministers 〈◊〉 ever was attained in former times which is all the good we have got of Prelacy In so much that I might spare labour in adding any thing were it not that I would make the Arguments vindicating this Cause of suffering alitle more publick and take occasion to shew that the grounds espoused by the Present reproached party for their withdrawings so far as they are stretched are no other than have been ouned by our writers on this head to the intent it may appear there is no Discrepancy but great likness harmony between the Arguments Grounds of withdrawing in the late Informatorie Vindication c. and those that are found in other writings And so much the rather I think it needful to touch this subject now that not only this hath been the first ground of our sufferings but many that suffered a while for it now have fainted and condemned all their former Contendings for this Part of the Testimony calling in question all these reasons that formerly satisfied ' them But to proceed with some distinctness in this thorny point Some Concessory Assertions must first be premitted And then Our Grounds Propounded First I willingly yeeld to Cordially close with the Truth of these Assertions I. The Unity of the Spirit in the bond of Peace ought to be the Endeavour of all that are members of the One Body of Christ Partakers of his One Spirit
Church but in a way of Dependence upon subordination to Christ as King who ascending far above Principalities Powers appointed gave the Gifts of the Ministry Eph. 4. 8. 11. and set them in the Church 1. Cor. 12. 28. and gave them commission to go teach the Nations by virtue of that all Power that was given to Him in Heaven Earth Math. 28. 18 19. If then they take a new holding close with a new Conveyance of the Ministrie and of the Power to exercise the same from a new Architectonick usurped Power in the Church encroaching on Christs Royal prerogative we dare not Homologat such an affront to Christ as to give them the respect of His Ambassadours when they become the servants of men and subject even in Ministerial functions to another Head then Christ for then they are the Ministers of men by men and not by Jesus Christ and God the Father who raised Him from the dead because they do not hold the Head Col. 2. 19. Hence those that receive derive their Church-Power from and are subordinate in its exercise to another Head then Christ Jesus should not be received and subjected to as the Ministers of Christ in His Church But the Prelats their curats do receive derive their Church Power from are subordinate in its exercise to another Head then Christ Therefore they should not be received c. The first Proposition cannot be denyed The Second is proved thus Those officers in the Church Professing themselves such that derive their Church-Power from are subordinate in its exercise to a Power truly Architectonick Supreme in the Church to wit the Magistrate beside Christ Do derive their Power from are subordinate in its exercise to another Head than Christ Jesus But so it is that Prelats their Curats do derive c. Ergo The Major is evident for whosoever hath a Supreme Architectonick Power in over the Church must be a Head to the same and the fountain of all Church Power The Minor is also clear from the foregoing Historical Deduction manifesting the Present Prelacy to be Gross Erastianisme for the disposal of the Government of the Church is declared by Law to be the Croun right and an inherent perpetual Prerogative and thereupon the Bishops are restored to the Episcopal function And it is expressly Declared that there is no Church Power in the Church-office bearers but what depends upon is subordinate unto the Supremacy and authorized by the Bishops who are declared accountable to the King for the Administration By virtue of which Ecclesiastick Supremacy He put excomunication spiritual Censures consequently the Power of the Keyes into the hands of Persons meerly Civil in the Act for the High Commission Hence it is clear that as the fountain of all Church Government he imparts his Authority to such as he pleases and the Bishops are nothing else but his Commissioners in the exercise of that Ecclesiastick power which is originally in Himself and that the Curats are only His under Clerks All the stress will lie in proving that this Monster of a Supremacy from which the Prelats their Curats have all their Authority is a Great Encroachment on the Glory of Christ as King which will appear if we briefly consider these Particulars 1. It usurps upon Christs Prerogative who only hath all undoubted right to this Architectonick Magisterial Dominion over the Church His oun Mediatory Kingdom not only an Essential right by His Eternal Godhead being the Everlasting Father whose goings forth hath been of old from Everlasting Isa. 9. 6. Mic. 5. 2. in recognizance of which we oune but one God the Father and one Lord by whom are all things we by Him 1. Cor. 8. 6. But also a Covenant-right by Compact with the Father to bear the Glory rule upon His Throne by virtue of the Counsel of Peace between them both Zech. 6. 13. A Donative right by the Fathers Delegation by which He hath all power given in Heaven in Earth Math. 28. 18. and all things given unto His hand Iohn 3. 35. and all judgment Authority to execute it even because He is the Son of man Iohn 5. 22 27. and to be Head over all things to the Church Eph. 1. 22. An Institute right by the Fathers inaugaration who hath set Him as King in Zion Psal. 2. 6. and appointed Him Governour that shall rule His people Israel Math. 2. 6. An Acquisite right by His oun purchase by which He hath merited obtained not only subjects to Govern but the Glory of the Sole Soveraignty over them in that relation A name above every name Phil. 2. 9. which is that He is the Head of the Church which is as much His Peculiar Prerogative as to be Saviour of the body Eph. 5. 23. A Bellical right by Conquest making the people fall under Him Psal. 45. 4. and be willing in the Day of His power Psal. 110. 3. and overcoming those that make war with Him Rev. 17. 14. An Hereditary right by Proximity of blood Primogeniture being the first born higher then the Kings of the Earth Psal. 89. 27. and the first born from the dead that in all things He might have the preeminence Col. 1. 18. An Elective right by His peoples choise surrender having a Croun wherewith His Mother Crouned Him in the day of His Espousals Cant 3. ult By all which undoubted Titles It is His Sole incommunicable Prerogative without a Copartner or Competitor Coordinate or subordinate to be Iudge only Lawgiver King in Spirituals Isa. 33. 22. to be that one Lawgiver Iam. 4. 12. who only can give the power of the keyes to His officers which Comprehends all the power they have Math. 16. 19. to be that one Master over all Church officers who are but brethren Math. 23. 8 10. in whose Name only they must perform all Church Acts and all Parts of their Ministry and not in the Name of any Mortal Math. 28. 18. 19. Math. 18. 20. from whom only they receive what ever they have to deliver to the Church 1. Cor. 11. 23. To be the only Instituter of His Officers who hath set them in the Church 1. Cor. 12. 28. and gave them to the Church Eph. 4. 11. whose Ambassadours only they are 2. Cor. 5. 20. from whom they have authority for edification of the Church 2 Cor. 10. 8. 2 Cor. 13. 10. in whose Name only they are to assemble and keep fence their Courts both the least Math. 18. 20. and the Greatest Act. 15. But now all this is usurped by one who is not so much as a Church member let be a Church Officer as such for the Magistrate is neither as he is a Magistrate otherwise all Magistrats would be Church members Hence they that have all their power from a meer usurper on Christs Prerogative who is neither member nor officer of the Church have none
have acquired do seek the praise of Justice by injury of Liberality by robbery So he can make some shew of a Civil mind but so much the less assurance gives he of it that it is manifest he intends not thereby the subjects good but the greater security of his oun lusts and stability of empire over posterity having some what Mitigated the peoples hatred which when he hath done he will turn back again to his old manners for the fruit which is to follow may easily be known both by the seed and by the sower thereof An exact Copy of this we have seen within these tuo years as oft before in the rule of the other Brother After God hath been robbed of His prerogatives the Church of her Priviledges the State of its Lawes the Subjects of their Libertie property he is now affecting the praise captating the Applause of tenderness to conscience and Love of Peace by offering now Liberty after all his Cruelties wherein all the thinking part of men do discern he is prosecuting that hellish Project introducing Popery slaverie and overturning Religion Law Liberty 3. Regium imperium secundum Naturam est Tyrannicum contra Regium Liberi inter Liberos est Principatus Tyrannus domini in servas c. Tyranny is against Nature and a Masterly Principality over slaves Can he be called a father who accounts his subjects slaves or a Shepherd who does not feed but devours his flock or a Pilot who doth allwise study to make shipwrack of the goods and strikes a leak in the very ship where he sails what is he then that bears Command not for the peoples advantage but studies only himself who leadeth his subjects into manifest snares he shall not verily be accounted by me either Commander Emperour or Governour King Iames the 6 th also in a speech to the Parliament anno 1609. makes this one Character of a Tyrant when he begins to invade his subjects rights Liberties And if this be true then we have not had a King these many years the foregoing deduction will demonstrate what a slavery we have been under 4. Quid qui non de virtute certet câ—m bonis c. What is he then who doth not contend for vertue with the good but to exceed the most flagitious in vices If yow see then any usurping the Royal name and not excelling in any virtue but striving to exceed all in baseness not tendering his subjects good with native affection but pressing them with proud domination esteeming the people committed to his trust not for their safegaurd but for his oun gain will yow imagine this man is truly a King albeit he vapours with a numerous Lieveguard and makes an ostentation of gorgeous Pomp The learned Althusius likewise in his Politicks cap. 38. Num. 15. as He is cited by Ius Populi chap. 16. Pag. 347. makes this one Character of a Tyrant that liveing in Luxury whoredome greed idleness he neglecteth or is unfit for his office How these suite our times we need not express what effrontry of impudence is it for such monsters to pretend to rule by virtue of any Authority derived from God who pollute the world with their Adulteries Incests and Live in open defyance of all the Lawes of the universal King with whom to exceed in all villanies is the way to purchase the Countenance of the Court and to aspire to preferment No Heliogabulus c. could ever come up the length in wickedness that our Rulers have professed 5. Omnium vim Legum in se transferre c. He can transfer unto himself the strength of all Lawes and abrogate them when he pleases King Iames the 6. in that fore-cited speech saith a King degenerateth into a Tyrant when he leaveth to rule by Law. Althusius also loc cit saith there is one kind of Tyranny which consisteth in violating changing or removing of fundamental Lawes specially such as concern Religion such saith he Philip the King of Spain who contrare to the fundamental Belgick Lawes did erect an administration of Justice by force of armes and such was Charles the 9 th of France that thought to overturn the Salicque Law. All that knoweth what hath been done in Britain these 27 years can attest our Lawes have been subverted the Reformation of Religion overturned and all our best Lawes rescinded and now the Penal Statuts against Papists disabled stopped without against Law. 6. Ad suum eum unius nutum omnia c. He can revoke all things to his nod at his pleasure This is also one part of King Iames the 6 his Character of a Tyrant when he sets upon arbitrary power And of Althusius loc cit when he makes use of an absolute Power and so breaks all bonds for the good of humane Society We allow a King an absolute power taken in a good sense that is he is not subaltern nor subordinate to any other Prince but supreme in his oun dominions or if by absolute be meant Perfect he is most absolute that governs best according to the word of God. But if it be to be Legibus solutus loosed from all Lawes we thinke it blasphemy to ascribe it to any Creature Where was there ever such an arbitrary absolute power arrogated by any Mortal as hath been claimed by our Rulers these years past especially by the present Usurper who in this Liberty of conscience now granted to Scotland assumes to himself an absolute power which all are to obey without reserve which carries the subjects slavery many stages beyond what ever the Grand Seigneur did attempt 7. Tyranno ad cives opprumendos c. For by a Tyrant strangers are imployed to oppress the subjects They place the establishment of ther Authority in the peoples weakness and think that a Kingdom is not a Procuration concredited to them by God but rather a prey fallen into their hands Such are not joined to us by any Civil bond or any bond of humanity but should be accounted the most Capital enemies of God and of all men King Iames ub supra sayes he is a Tyrant that imposes un Lawful Taxes raises forces makes war upon his subjects to Pillage Plnnder wast spoil his Kingdoms Althusins ubi supra makes a Tyrant who by immoderate exactions and the like exhausts the subjects and cites Scripture Ier. 22. 13. 14. Ezek. 34. 1 King. 12. 19. Psal. 14. 4. It is a famous saying of Bracton He is no longer King then dum bene regit while he rules well but a Tyrant when-soever he oppresseth the people that are trusted to his Care Government And Cicero sayes amittitis omne exceritus imperit jiu qui eo imperio exercitâ— Rempublicans oppugnat He loseth all legal power in over an Army or Empire who by that Government army does obstruct the wel-fare of that republick What oppressions exactions by armed force our Nation hath been wasted with in part is
was not an Usurper over Iudea which not obscurely is insinuated by Paul himself who asserts that both his person his Cause Criminal of which he was accused it was not an Ecclesiastical Cause so no advantage hence for the Supremacy appertained to Cesars Tribunal and that not only in fact but of right Act. 25. 10. I stand at Cesars judgment seat where I ought to be judged We cannot say this of any tribunal senced in the name of them that Tyrannize over us 5. I will not stand neither upon the Names Titles of Kings c. to be given to Tyrants Usurpers in speaking to them or of them by way of appellation or compellation for we find even Tyrants are called by these names in Scripture being Kings de fact◠though not dejure and indeed not impertinently Kings Tyrants for the most part are reciprocal termes But in no case can we give them any Names or Titles which may signify our love to them whom the Lord hates or 〈◊〉 hate the Lord 2 Chron. 19. 2. or which may flatter them which Elihu durst not give for fear his Maker should take him away Iob. 32. 22. or which may be taken for honouring of them for that is not due to the vile◠of men when exalted never so high Psal. 12. ult a vile person must be contemned in our eyes Psal. 15. 4. Nor which may any way import or infer an ouning of a Magistratical relation between them us or any Covenant transaction or Confederacy with them which in no termes with them as such we will say or oune Isa. 8. 12. Hence many sufferers upon this head so bear to give them their Titles 8. It will be yeelded very readily by us that a Magistrate is not to be disouned meerly for his differing in Religion from us yea though he were a Heathen We do not disoune our pretended Rulers meerly upon that account but chearfully do grant subscribe to that Truth in our Confession of faith chap. 23. § 4. That Infidelity or difference in Religion doth not make void the Magistrates just Legal Authority nor free the people from their due obedience to him On which our Adversaries have insulted as if our Principles Practices were therby disproved But it is easy to answer 1. let the words be considered and we are confident that no sober man will think the acknowledgment of just legal Authority due obedience a rational ground to infer that Tyranny is thereby either allowed or priviledged Napth Pag. 60. Prior Edition 2. Though Infidelity or difference of Religion does not make void Authority where it is Lawfully invested yet it may incapacitate a person and Lawfully seclude him from Authority both by the word of God which expressly forbids to set a Stranger over us who is not our brother Deut. 17. 15. Which includes as well a stranger of a strange Religion as one of a strange Countrey and by the Lawes of the Land which do incapitate a Papist of all Authority Supreme or subordinate And so if this Iames the 7 2 had been King before he was a Roman Catholick if we had no more to object we should not have quarrelled his succession 3. We both give grant all that is in the Confession viz. Dominium non fundari in gratia that Dominion is not founded on Grace Yet this remains evident that a Prince who not only is of another religion but an avowed enemy to overturner of the Religion established by Law and intending endeavouring to introduce a false heretical blasphemous Idolatrous religion can claim no just legal Authority but in this case the people may very Lawfully decline his pretended Authority Nay they are betrayers of their Countrey Posterity if they give not a timeous effectual Check to his Usurpings and make him sensible that he hath no such Authority Can we imagine that men in the whole of that blessed work so remarkably led of God being convocate by a Parliament of the wisest worthyest men that ever was in England whom they did encourage by writing preaching every way to stand fast in their opposition to the then King displaying a banner for his prerogative a court dream against Religion Liberty should be so far left as to drop that as a principle part of our Religion which would sacrifice Religion it self to the lust of a raging Tyrant Must we beleeve that a Religion-destroying Tyrant is a righteous Ruler And must we onne him to be a Nursing father to the Church Shall we conclude that the common bounds Limits whereby the Almighty hath bounded Limited Mankind are removed by an Article of our confession of faith which hereby is turned into a Court creed Then welcome Hobs de Cive with all the rest of Pluto's train who would bable us into a belief that the world is to be governed according to the pleasure of wicked Tyrants I would fain hope at length the world would be awakened out of such ridiculous dreams be ashamed any more to oune such fooleries And it may be our two Royal Brothers have contributed more to cure men of this Moral madness than any who went before them And this is the only advantage I know that the Nations hath reaped by their reign 9. Though we deny that Conquest can give a just Title to a Croun yet we grant in some cases though in the begining it was unjust yet by the peoples after consent it may be turned into a just Title It is undenyable when there is just ground of the war if a Prince subdue a whole Land who have justly forfeited their Liberties when by his grace he preserves them he may make use of their right now forefeited and they may resign their Liberty to the Conqueror and consent that he be their King upon fair Legal not Tyrannical conditions And even when the war is not just but successful on the invading Conquerours side this may be an inducement to the Conquered if they be indeed free and uningaged to any other to a submission dedition delivery up of themselves to be the subjects of the victor and to take him for their Soveraign as it is like the case was with the Jewes in Cesars time whose Government was translated by dedition to the Roman power in the translation when a doing there was a fault but after it was done it ceased though the begining was wrong there was a post-fact which made it right and could not be dissolved without an unjust disturbance of publick order Whence besides what is said above in answer to that much insisted Instance of Christs paying tribute and Commanding it to be paid to Cesar the difficulty of that instance may be clearly solved That Tribute which he paid Math. 17. 24. c. and that about the payment whereof He was questioned Math. 22. 21. seem to be two different Tributes Many think very probably they were
not one the same Tribute It s a question for whom by whom that of Math. 17. was gathered it s most likely it was gathered by the officers of the Temple for its service however the payment was made with such caution tacitely declining the strict right to exact it from him but to avoid offence in an act in it self unobliging that their claim is left as much in the dark as if the question had never been moved The other Math. 22. was exacted for Cesar but to that captious question our Lord returns such an Answer as might both solve it and evade the snare of the proponders giving a general Rule of giving to God to Cesar each their oun without defining which of them had the right to the payment in question whether Cesar should have it or whether it should be payed only for the Temples use Upon which they marvelled which they needed not do if they had understood in His words an express positive declaration of an obligation to make that payment to Cesar for then they would have obtained one of their ends in making Him odious to the people who were not satisfied with the payment of it But however the knot is loosed by considering that they were now Lawfully subject to the Roman Emperours as their Governours to whom they were obliged I do not say Christ was to pay tribute For they had yeelded themselves unto ouned the Roman Dominion in Pompey Cesar Augustus Tiberius ere this question about Tribute paying was proposed to our Saviour and therfore they who stuck at the payment of it were a seditious party dissenting from the body of the Nation Else it is not supposable readily that their Dominion in Iudea could have been exercised long without some consent sufficient to legitimate it to the present Rulers And this is the more likely if we consider the confession of the Iewes themselves disavowing the power of Capital punishment It is not Lawful for us to put any man to death And ouning Cesar as their King with an exclusive a brenounciation of all other we have no King but Cesar As Paul also acknowleeges he ought to be judged at Cesars bar in his appeal to Cesar. It is also acknowledged by very good Authors that this was the tribute which Iudas the Galilean stood up to free the people from and that the sedition of those Iewes that folowed him mentioned Act. 5. 37. who mutinied upon this occasion was according to Gamaliels speech disallowed by that Sanhedrin or Council of the Iewes And it may be gathered out of Iosephus that the Iewes of Hircanus his party came under the Roman power by consent dedition while they of Aristobalus his party looked upon the Romans as Usurpers Which difference continued till our Saviours time when some part of them acknowledged the Cesarean Authority some part looked upon it as an Usurpation and of this generally were the Pharisees To confirm this Calvins Testimony may be adduced upon Math. 22. who sayeth the Authority of the Roman Emperours was by common use approved and received among the Iewes whence it was manifest that the Iewes had now of their oun accord imposed on themselves a Law of paying the tribute because they had passed over to the Romans the power of the sword And Chamiers Panstrat Tom. 2. lib. 15. cap. 16. pag. 635. what then if Cesars Authority were from bad beginings did therefore Christ untruly say it was from above Can no power at first unjust afterward become just if that were so then either none or very few Kingâ—oms would be just 10. As Tyranny is a destructive plague to all the Interests of men Christians So Anarchy the usual product of it is no less pernicious bringing a Community into a Paroxysme as deadly dangerous We must oune Government to be absolutely necessary for the constitution conservation of all Societies I shall not enter into a disquisition let be determination of the Species or Kind of Magistracy whether Monarchy Aristocracy or Democracy be preferable My dispute at present is not levelled against Monarchy but the present Monarch Not against the Institution of the Species though I beleeve except we betake our selves to the Divine allowance permission we shal be as pusled to find out the Divine Original of it as Cosmographers are in their search of the Spring of Nilus or Theologues of the Father of Melchizedeck but the constitution of this Individual Monarchy established among us which in its root branch Spring streams in its Original Nature ends effects is Diametrically opposite to Religion Liberty And because its Contagion universally perverting corrupting all the ends Orders of Magistracy doth affect infect all the subordinate officers deriving their power from such a filthy fountain we must also substract deny their demanded ackowledgments as any way due so long as they serve the pride projects of such a wicked power And do not reckon our selves obliged by Covenant or any otherways though in the third Article of the Solemn League we are bound to preserve the rights priviledges of our Parliaments consequently the honour deference that 's due to our Peers or other Parliament men acting according to the trust committed to them but not when they turn Traitors ingaged in a Conspiracy with the Tyrant to oune or defend a Soul-less shadow of a Court Cabal made up of persons who have sold themselves to work wickedness in conspiring with this throne of iniquity against the Lord which is all we have for a Parliament whom we can in no ways oune as our Representatives but must look upon them as perjured perfidious Traitors to God their Countrey which they have betrayed into the hands of a Tyrant And therefore divested of that power Authority which they had of the people as their Representatives which now is returned to the fountain And therefore we must act as we can against them and also what is necessary for securing of our selves Religion Liberty without them We would think Nobles ennobled with virtue a great Mercy encouragment And if they would concur in the Testimony for Religion Liberty we would be glad that they should lead the van and prove themselves to be powers appointed by God in acting for Him His Interest But for the want of their Conduct we must not surcease from that duty that they abandon nor think that the Concurrence of Peers is so necessary to legitimate our actions as that without that formality our resolutions to maintain the Truth of God on all hazards in a private Capacity were unlawful in the Court of God Nature But on the contrare must judge that their relinquishing or opposing their duty which before God they are obliged to maintain preserve promove is so far from loosing our obligation or eximing us from our duty that is should rather press us to prosecute it with
the more vigour without suspending it upon their precedency For now they can pretend to no precedency when they do not answer the end of their erection and do not seek the publick good but their oun private advantage they cease to be the Ministers of God of the people and become private persons And reason will conclude that when the Ephori or Trustees betray their Trust and sell or basely give away the Liberties Priviledges of the people which they were entrusted with the people cannot be brought into a remediless condition if a Tutor waste destroy the pupills estate the Law provides a remedy for the pupil Ius popu vind cap. 15. pag. 335. 336. The remedy in this case can only be as every one must move in his oun sphere while all concur in the same duty So if any in higher place become not only remiss but according to the influence of their power would seduce others into their Apostasie it is their duty to resist endeavour their Reformation or removal And if these more eminently entrusted shall turn directly Apostates obstructive destructive to common Inteâ—â—â—â— the people of an inferior degree may step forward to occupy the places assert the Interests which they forefault desert Neither is this a breach of good order for Ordor is only a mean subordinate to intended for the Glory of God the peoples good and the regulation thereof must only be admitted as it is conducible not repugnant to these ends A Generals command to his souldiers in battel does not impede the necessity of succession in case of vacancy of any charge either through death or desertion even of such as in quality may be far inferior to those whose places they step into Naph Pag. 151. Prior Edition I do not assert this for private peoples aspiring into the Capacity of Primores or Peers but that they may do that which the Peers desert and dare not or will not do if the Lord put them in a Capacity to do it And more plainly I assert that if the Peers of the Land whose duty it is principally to restrain repress Tyranny either connive at it or concur with it and so abandon or betray their Trust then the Common people may do it at least are obliged to renounce reject disoune allegiance to the Tyrant without the peers For which I offer these reasons 1. Because all men have as much freedom Liberty by nature as Peers have being no more slaves than they because slavery is a penal evil contrare to nature and a miserie consequent of sin and every man created according to Gods image is res Sacrâ— a Sacred thing And also no more subjects to Kings c. than they freedom being natural to all except freedom from subjection to Parents which is a Moral duty most kindly natural and subjection of the wife to the husband c. but otherwise as to Civil Politick subjection man by nature is born as free as beasts No Lyon is born King of Lyons nor no man born King of men nor Lord of men nor Representative of men nor Rulers of men either supreme or subordinate because none by nature can have those things that essentially constitute Rulers the calling of God nor gifts and qualifications for it nor the election of the People 2. The original of all that power that the 〈◊〉 or Representatives can claim is from the people not from themselves from whence derived they their being Representatives but from the peoples Commission or Compact when at the first constitâ—tion of Parliaments or publick Conventions for affairs of State necessity put the people who could not so conveniently meet all to confer that honour burden upon the best qualified who had chief Interest by Delegation Hence if the people give such a power they may wave it when perverted and act without their oun impowered Servants 3. The peoples power is greater than the power of any delegated or constituted by them the Cause is more than the effect Parliament-men do represent the people the people do no not represent the Parliament They are as Tutors Curators unto the people and in effect their servants deputed to oversee their publick affairs therefore if their power be less the people can act without them 4. It were irrational to imagine the people committing the administration of their weighty affairs unto them did denude themselves of all their radical power or that they can devolve upon them or they obtain any other power but what is for the good advantage of the people therefore they have power to act without them in things which they never resigned to them for they cannot be deprived of that natural aptitude natures birth right given to them by God Nature to provide the most efficacious prevalent means for the preservation of their Rights Liberties 5. As the people have had power before they made Peers and have done much without them So these Primores could never do without them therefore in acts of common Interest the Peers depend more upon the people than the people does upon them 6. All these primeve rights that gave rise to Societies are equal to both People Peers whereof the Liberty to repress reject Tyranny is a chief one The People as well as Peers have a hard in making the King and other Judges also as is clear from Deut. 17. 14. Iudg. 9. 6. 1 Sam. 11. 15. 2 King. 14. 21. therefore they may unmake them as well as they To seek to preserve the ends of Government when they are over-turned is essentially requisite to all Societies and therefore common competent to all Constituents of these Societies Superiours or inferiours The Glory of God Security of Religion the end of all Christian Government doth concern all equally As every one equally is bound to obey God rather than man so violence in this case destroyes both the Commonwealth maketh the end the means of Government and the injured persons obligation thereto to cease and this equally to every man of Private or publick Capacity In the Concern of Religion at least We must not think because we are not Nobles or in Authority that the care of it or Reformation thereof does nothing pertain to us Nay in that and carrying on the work thereof there is an equality As in the erection of the Old Testament Tabernacle all the people were to contribute a like half a shekel Exod. 30. that it might be for a rememberance before the Lord. Hence it followes if we disoune the Supreme Ruler and the inferior confederate with him and cannot have the Concurrence of others Now through the manifest notorious Perversion of the great ends of Societie Government the bond thereof being dissolved we Liberated there-from do relapse into our Primeve Liberty Priviledge and accordingly as the similitude of our Case exigence of our
he is not nor can not be our Crouned King and therefore we must not be his Liege subjects ouning fealty obedience to him For according to the National Covenant as all Lieges are to maintain the Kings Authority consistent with the subjects Liberties which if they be innovated or prejudged such Confusion would ensue as this realme could be no more a free Monarchy So for the Preservation of true Religion Lawes Liberties of this Kingdom it is statute by the 8 Act. Parl. 1 repeated in the 99 Act. Parl. 7. ratified in the 23. Act. Parl. 11. and 114 Act. Parl. 12. of King Iames 6. and 4 Act of K. Charles 1. that all Kings Princes â— at their coronation reception of their Princely Authority shall make their faithful Promise by their solemn Oath in the presence of the Eternal God That enduring the whole time of their lives they shall serve the same Eternal God to the utter-most of their power according as He hath required in His most holy Word contained in the Old new Testaments and according to the same Word shall maintain the true Religion of Christ Jesus the preaching of His holy Word the due right Ministration of the Sacraments now received Preached within this realme according to the Confession of faith immediatly preceding and shall abolish gainstand all false religion contrary to the same And shall rule the people committed to their charge according to the will Command of God revealed in His fore-said Word and according to the Laudable Lawes Constitutions received in this realme no wayes repugnant to the said Will of the Eternal God And shal procure to the uttermost of their power to the Kirk of God whole Christian people true perfect peace in all time coming And that they shall be careful to root out of their Empire all Hereticks Enemies to the true Worship of God who shall be convicted by the true Kirk of God of the foresaid Crimes Now this Coronation Oath he hath not taken he will not he cannot take and therefore cannot be our Crouned King according to Law. As there be also many other Lawes incapacitating his admission to the Croun being a Professed Papist and no Law for it at all but one of his oun making by a Pacqued Cabal of his oun Complices a Parliament wherein himself presided as Commissioner enacting matterially his succession and rescinding all these Ancient Lawes which Act of Succession which is all the legal right he can pretend to in Scotland because it cannot be justified therefore his right cannot be ouned which is founded upon the subversion of our Ancient Lawes But as he cannot be our Legally Crouned King so he is not so much as formally Crouned And therfore before his Inauguration whatever right to be King whom the Representatives may admit to the Government he may pretend to by hereditary Succession yet he cannot formally bemade King till the people make a Compact with him upon termes for the safety of their dearest nearst Liberties even though he were not disabled by Law. He might as they say pretend to some jus ad rem but he could have no jus in re The Kings of Scotland while uncrouned can exerce no Royal Government for the Coronation in Concret according to the substance of the Act is no Ceremonie as they who make Conscience it self but a Ceremony call it nor an accidental ingredient in the Constitution of a King but as it is distinctive so it is Constitutive it distinguished Saul from all Israel and made him from no King to be a King it is dative not only Declarative it puts some honour upon him that he had not before 3. Though the Lawes should not strike against his Coronation And though the Representatives Legally should take the same measures with him that they took with his brother and admit him upon the termes of the Covenant yet after such doleful experiences of such transactions with these Sons of Belial who must not be taken with hands nor by the hand it were hard to trust or entrust them with the Government even though they should make the fairest Professions Since they whose Principle is to keep no faith to Hereticks as they call us and who will be as absolute in their promises as they are in their power have deservedly forefeited all Credit Trust with honest men so that none could rationally refer the determination of a half Croun reckoning to any of them far less oune them their Government in the Managment of the weightiest affairs of State since their Male-versations are written in such bloody Characters as he that runs may read them At least it were wisdom is our duty to take our Measures from the General Assemblies Procedure with the other Brother before his admission to the Government to suspend our Allegiance to him until Authority be Legally devolved upon him and founded upon bounded by termes giving all security for Religion Liberty 12. As I said before wary Prudence in waving such an impertinent Ticklish Question cannot be condemned since what ever he may be in conscience no man in Law can be obliged so far to surrender the common Priviledge of all Mankind to give an account of all his inward thoughts which are alwise said to be free And as in nothing they are more various so in nothing they can be more violented than to have our opinion sentiments of the current Government extorted from us a declining of which Declaration of thoughts where no overt Act in project or practice can be proven against it cannot be Treason in any Law in the world So a Cautelous Answer in such a ticklish entrapping imposition cannot be censured in point of Lawfullnesse of expediency even though much be concedded to stop the Mouths of these bloody Butchers gaping greedily after the blood of the Answerer if he do not really oune but give them to understand he cannot approve of this Tyranny But as these poor faithful Witnesses who were helped to be most free have alwise been honoured with the most signal Countenance of the Lord in a happy issue of their Testimony So those that used their Prudentials most in seeking shifts to shâ—n severity and studying to satisfie these Inquisitors with their stretched Concessions were ordinarly more exposed to snares and found less satisfaction in their Sufferings even though they could say much to justify or at least extenuate their Shiftings I knew one who had proof of this who afterwards was ashamed of this kind of Prudence A short account of whose managing of Answers to this Question because it may conduce somewhat to the explication of it may here be hinted The question moved after the usual forme was Do ye onne the Authority of King Iames the 7 In answer to which he pleaded first for the immunity of his thoughts which he said were not subject to theirs or any Tribunal When this could
not be an evasion from their extortions he objected the ambiguity of the termes in which the Question was conceived being capable of diverse senses And inquired what they meant by Authority what by ouning Authority By Authority whether did they mean the Administration of it as now improved if so then he was not satisfied with it or the right as now established if so then he was not clear to give his opinion of it as being neither significant nor necessary and that it was fitter for Lawyers and those that were better acquaint with the Arcana Imperii than for him to dispute it Again he asked what they meant by ouning either it is Passive subjection that he did not decline or Active acknowledgment of it and that he said he looked upon as all the suffrage he could give to its establishment in his station which he must demur upon some scruple The replies he received were very various and some of them very rare either for ignorance or imposture Sometimes it was answered To oune the Kings Authority is to take the Oath of Allegiance this he refused Some answered it is to engage never to rise in Armes against the King upon any pretence whatsoever this he refused likewise Others explained it to be to acknowledge his right to be King To this he answered when the Authority is Legally devolved upon him by the Representatives of both Kingdoms it was time enough for him to give account of his sentiments Others defined it to oune him to be Lawful King by succession To this he Answered he did not understand succession could make a man formally King if there were not some other way of Conveyance of it it might put him in the nearest Capacity to be King but could not make him King. Some did thus Paraphrase upon it that he must oune him to be his Soveraign Lord under God and Gods vicegerent to be obeyed in all things Lawful To this he answered whom God appoints and the People choose according to Law he would oune When those shifts would not do but from time to time being urged to a Categorical Answer he told them he was content to live in subjection to any Government Providence set up but for ouning the present Constitution as of God and according to Law he durst not acknowledge it nor oune any Mortal as his Lawful Soveraign but in termes consistent with the Covenant securing Religion and Liberty This not satisfying when he came to a more pinching Trial he declared he ouned all Lawful Authority according to the Word of God and all Authority that was the Ordinance of God by His Preceptive Will and he could be subject to any but further to acknowledge it he behooved to have more clearness for sometimes a Nation might be charged with that ye have set up Kings and not by me c Further he conceded he ouned his providential Advancement to the Throne he ouned as much as he thought did oblige him to subject himself with patience he ouned him to be as Lawful as providence possessing him of the Throne of his Ancestors and Lineal succession as presumed next in blood line could make him But still he declined to oune him as Lawful King and alledged that was all one whether he was Lawful or not he refused not subjection distinguishing it always from Allegiance But all these concessions did not satisfie them they alledged he might say all this of a Tyrant therefore commanded him to give it under his hand to oune not only the Lineal but the Legal succession of King Iames the 7. to the Croun of Scotland which he did upon a fancy that Legal did not import Lawful but only the formality of their Law withal protesting he might not be interpreted to approve of his succession But this was a vain Protestatio contra factum However by this we see what is ouning this Authority in the sense of the Inquisitors The result of all is to acknowledge Allegiance to the present possessor and to approve his pretended Authority as Lawful Rightful Righteous which indeed is the true sense of the Words and any other that men can forge or find out is strained For to speak properly if we oune his Authority in any respect we oune it to be Lawful for eyery Authority that is ouned to be Authority indeed is Lawful Authority alwayes importing Authorization and consisting in a Right or Call to rule and is formally essentially contradistinct to Usurpation wherever the place of power is meerly usurped there is no Authority but verbo tenuâ— A Style without truth a barely pretended nominal equivocal Authority no real denomination if we then oune this Mans Authority we oune it to be Lawful Authority And if we cannot oune it so we cannot oune it at all For it is most suitable either to manly ingenuity or Christian simplicity to speak properly and to take words always in the sense that they to whom they are speaking will understand them without equivacating These Preliminaries being thus put by which do contribute to clear somewhat in this Controversie and both furnish us with some Arguments for and solutions in most of the objections against my Thesis in answer to the Question above stated I set it doun thus A people long oppressed with the Encroachments of Tyrants Usurpers may disoune all Allegiance to their pretended Authority and when imposed upon to acknowledge it may must ratber chuse to suffer than to oune it And consequently we cannot as matters now stand oune acknowledge or approve the pretended Authority of King Iames the 7. as Lawful King of Scotland as we could not as matters then stood oune the Authority of Charles the 2. This consequence is abundantly clear from the foregoing deduction demonstrating their Tyranny usurpation In prosecuting of this General Thesis which will evince the particular Hypothesis I shall 1. Adduce some Historical Instances whence it may be gathered that this is not altogether without a precedent but that people have disouned Allegiance to Tyrants Usurpers before now 2. Deduce it from the Dictates of reason 3. Confirme it by Scripture Arguments I. Albeit as was shewed before this Question as now stated is in many respects unprecedented yet the practice which in our day hath been the result of it to wit to disoune or not to oune Prevailing Dominators Usurping the Government or abusing it is not so alien from the examples of History but that by Equivalency or consequence it may be collected from confirmed by instances 1. To begin at home besides many Passages related already for confirmation we may adde 1 That for about 1025. years the people had in their choise whom to oune ar admit to succeed in the Government even though the Kingdom was hereditary and used to elect not such who were nearest in blood line but these that were judged most fit for Government being of the same progeny of Fergus Buchan Rer. Scot. lib.
I ans 1. I acknowledge the distinction as to Magistrats is very pertinent for it is well said by the Congregation in a Letter to the Nobility Knox Hist. of Scot. lib. 2. That there is a great difference betwixt the Authority which is Gods ordinance and the persons of these who are placed in Authority the Authority ordinance of God can never do wrong for it commandeth that vice be punished virtue maintained But the Corrupt Person placed in this Authority may offend Its certain higher Powers are not to be resisted but some persons in Power may be resisted The Powers are ordained of God but Kings commanding unjust things are not ordained of God to do such things But to apply this to Tyâ—ants I do not understand Magistrats in some Acts may be guilty of Tyranny and yet retain the Power of Magistracy but Tyrants cannot be capable of Magistracy nor any one of the Scripture Characters of Righteous Rulers They cannot retain that which they have forefeited and which they have overturned And Usurpers cannot retain that which they never had They may act enact some things materially just but they are not formally such as can make them Magistrats no more then some unjust actions can make a Magistrate a Tyrant A Murderer saying the â—ife of one killing another does not make him no Murderer Once a Murderer ay a Murderer once a Robber ay a Robber till he restore what he hath robbed So once a Tyrant ay a Tyrant till he make amends for his Tyranny and that will be hard to do 2. The Concrete does specificate the Abstract in actuating it as a Magistrate in his exercising Government makes his Power to be Magistracy a Robber in his robbing makes his Power to be Roberie an Usurper in his usurping makes his Power to be Usurpation So a Tyrant in his Tyrannizing can have no Power but Tyranny As the Abstract of a Magistrate is nothing but Magistracy So the Abstract of a Tyrant is nothing but Tyranny It s frivolous then to distinguish between a Tyrannical power in the Concrete Tyranny in the Abstract the power the abuse of the power for he hath no power as a Tyrant but what is abused 3. They that objects thus must either mean that power in its general Notion is ordained of God but this particular Power abâ—sed by Tyrants and assumed by Usurpers is not ordained Or they must mean that the very Power of Tyrants Usurpers is ordained of God but the way of holding using it is not of God. If the first be said they grant all I plead for for thô the Power in general be ordained yet what is this to Tyrants Usurpers would not this Claim be ridiculous for any man to say God hath ordained Governments to be therefore I will challenge it God hath ordained Marriage therefore any may cohabit together as man wife without formal Matrimony If the Second be alledged that the Power of these prevailing Dominators is ordained but not their holding using of it This is Non-sense for how can a Power be ordained and the use of it be unlawful For the abuse use of Tyrannical Power is all one and reciprocal an Usurper cannot use his Power but by Usurpation Again is it not plain that the Abstract the Concrete the act or habit and the subject wherein it is cannot have a contrary Denomination if Drunkenness and Thieft Lying or Murder be of the Devil then the Drunkard the Thief the Lyar the Murderer are of the Devil too So if Tyranny and Usurpation or the use or abuse of Tyrants Usurpers be of the Devil Then must the Tyrants Usurpers also be of him None can say the one is of the Devil and the other of God. Wherefore it is altogether impertinent to use such a Distinction with application to Tyrants or Usurpers as many do in their pleading for the ouning of our Oppressors for they have no power but what is the abuse of power 3. As that Authority which is Gods Ordinance must have His Institution So it must have His divine Constitution from Himself and by the people Wherever then there is Authority to be ouned of men there must be these tuo Constitution from God and Constitution from the people For the first God hath a special Interest in the Constitution of Authority both Immediatly Mediatly Immediatly He declares such such formes of Government to be Lawful Eligible and does order whom who and how people shall erect Governours And so He confers Royal Graces Enduements Gifts for Government on them as on Ioshua Saul So they become the Lords Anointed placed set on the Throne of the Lord 1 Chron. 29. 23. and honoured with Majestie as His deputies vicegerents having their Croun set on by God Psal. 21. 3. But in regard now He doth not by any special Revelation determine who shall be the Governours in this or that place Therefore He makes this Constitution by mediation of men giving them Rules how they shall proceed in setting them up And seeing by the Law of Nature He hath enjoined Government to be but hath ordered no particular in it with application to singulars He hath committed it to the positive transaction of men to be disposed according to certain General Rules of Justice And it must needs be so for 1. without this Constitution either all or none would be Magistrats if He hath ordained Civil Power to be and taken no order in whom it shall be or how it shall be conveyed any might pretend to it and yet none would have a right to it more than another If then He â—ath affixed it to a peculiar having holding by virtue whereof this man is enstated entitled to the office and not that man there must be a Law for Constituting him in Authority which will discover in whom it is 2. If it were not so then a resisting of a particular Magistrate would not be a resisting of the ordinance of God if a particular Magistrate were not Constitute of God as well as Magistracy is Institute of God for still it would be undetermined who were the Power and so it would be left as free Lawful for the resister to take the place as for the resisted to hold it the institution would be satisfied if any possessed iâ— therefore there must be Constitution to determine it 3. No Common Law of Nature can be put into practice without particular Constitution regulating it That Wives Children oune their superior relations is the Law of Nature but there must be such a relation first fixed by humane transaction before they can oune them there must be Marriage Authorized of God there must be Children begotten and then the Divine Ordination of these relative duties take place So the Judges of Israel for 450 years were given of God Act. 13. 20. not all by an immediate express designation but a mediate
Call from God by men as Iephthah Iudg. 11. 6. 11. Inferior judges also are Magistrats appointed by God yet they have their Deputation from men Our Saviour speaks of all Magistrats when he applies that of the 82. Psalm to them I said ye are Gods and shewes how they were Gods because unto them the Word of God came Iohn 10. 35. that is by His Word Warrant He Authorized them not by immediate designation in reference to the most of them but the Word of God comes to them or His Constitution is past upon them who are advanced by men according to His Word When men therefore do act according to the Divine Rule in the Moulding Erecting of Government Governours there the Constitution is of God though it be not immediate And where this is not observed whatever power so named or pretended there may be or what-soever persons there be that take upon them to be the power and are not thereto appointed or therein instated and do exerce such a power as God hath not legitmated they are not a power ordained of God. Hence whatsoever power hath no Constitution from God eather Immediate or Mediate cannot be ouned But the Authority of Tyrants Usurpers is a power that hath no Constitution from God either Immediate or Mediate Ergo it cannot be ouned The Major is cleared above The Minor is also undenyable For either they must pretend to an Immediate Constitution by revelation that Iames Duke of York a vassal of Antichrist had by all his plots pranks Merited the Crown of Britain and therefore must be Constitute King And this I hope they will not pretend to except the Pope hath gotten such a Revelation from Pluto's Oracle Or they must have recourse to the Mediate Constitution by men And if so Then either this Mediate Constitution of God is left undetermined indefinitely absolutely giving way to any that will assume what power they please can And then I confess Tyrants may have a Constitution but this confusion cannot be of God Or else it is fixed by a Rule regulating the succession or Constitution of the Governours and obliging the people to oune the Government so constituted with exclusion disallowance of any other And so if in that Constitution there be a Substantial Deviation from the Rule as when incompetent or unallowed persons be the advancers of themselves or others into that place by illegal sinistrous means in as much as in that case there is the Divine disapprobation it may be said there is no Ordinance of God but a Contradiction Contraordination to Gods Order Gee's Magist. Origin chap. 5. Sect. 4. subject 3. pag. 135. This will shake off this of ours and all other Tyrants Usurpers that come into the Government hold it not according to Gods Rule 4. It is clear also in the second place that the Authority which we can oune out of conscience must have Constitution by the people The special way by which men should be called into the place of Soveraign power may perhaps not be found so expressly defined in Scripture as mens Call to the other Ordinance of the Ministrie is yet in this two things are essentially necessary to the Constitution of a Magistrate The peoples consent compact either formal or virtual And without these we can oune consciencious subjection Allegiance to no man living That the first is necessary will be evident from the Law of Nature Nations and from Scripture First the light Law of Nature dictates that the Right Interest of Constituting Magistrats is in the Elective vote or suffrage of the people This will Appear 1. If we consider The Original of Government among men especially after they were so multiplied that there was a necessity of a reduction into diverse Communities which whatever was before the flood yet after it behoved to be by a Coalition with consent under an Elective Government The Scripture makes it more than probable that the first partition of Common-wealths was in Pelegs dayes in whose time the earth was Divided Gen. 10. 25. occasioned by the Confusion of Languages at Babel which did dissolve their union and scatter them abroad upon the face of all the eath Gen. 11. 9. Then was it that we may conceive as Buchanan sayes de Iure Regni apud Scot. the time was when men dwelt in cottages caves and as strangers did wander to fro without Laws and such as could converse together of the same language assembled together as their humors did lead them or as some common Utilitie did allure them A certain instinct of Nature did oblige them to desire Converse Societie But this confusion of Languages and Communion of Language in several divided Parcels could not incorporate these several Parties into Communities that behoved to be the effect of some other cause what should that be but the joint will consent aggreement of the severally Languaged It could not be by Consanguinity for there is no direction from Nature for a confinement of that into such such degrees to make out the bounds of a Common-wealth or Possibility of knowing all with in such degrees besides all within these degrees might not be of the same Language Now the Scripture sayes they were divided every one after his tongue after their families in their Nations Gen. 10. 5. Next it could not be by Cohabitation for how that must go to be the boundaries of a Common-wealth inclusively or exclusively is not defined by nature nor can it be otherwise determined than by humane choise Then it could not be by mens belonging to such a Soveraign for after that Division Confusion they could not all be under one Soveraign nor under the same that they were subject to before and a Soveraign cannot be before the aggregation of the Subjects whereof he is head they must first be a Common-wealth before they can belong to it Again it cannot be founded upon the Right of fatherhood for in that scattering such a Right could not be uninterruptedly preserved And then Noah should also have been the Universal Magistrate which he could not be in these multiplied secessions And further if it be refounded on the Right of fatherhood either every Company had one Common Father over all or every Father made a Common-wealth of his oun Children The Latter cannot be said for that would multiply Common-wealts in infinitum Neither can the first be said for if they had one Common Father either this behoved to be the Natural Father of all the Company which none can think was so happily ordered by Babels confusion Or else the eldest in age and so he might be incapable for Government and the Law of Nature does not direct that the Government should alwise be astricted to the eldest of the Community Or else finally he behoved to be their Political Father by consent For before this consent they were uningaged as to common order of
England and generally hated of all who disdaining to wait upon the formall choise of any but after he had paved his passage to the Throne upon his Brothers blood did usurpe the Title without all Law. 5. The second thing necessary for the Legal Constitution of a King by the people is their Compact with him which must either be Express or Tacite Explicite or Implicite Two things are here to be proven that will furnish an Argument for disouning both the Brothers First That there must be a Conditionall reciprocally obliging Covenant between the Soveraign and the Subjects without which there is no such relation to be ouned Secondly That when this compact is broken in all or its chiefest conditions by the Soveraign the peoples obligation ceases The first I shall set doun in the words of a famous Author our Renouned Country man Buchanan in his Dialogue de Iure Regni apud Scotos Mutua igitur Regi cum Civibus est pactio c. There is then or there ought to be a Mutual compact between the King and his subjects c. That this is indispensibly necessary essential to make up the Relation of Soveraign Subjects may be proved both from the Light of Nature Revelation First it may appear from the Light of Natural reason 1. From the Rise of Government and the Interest people have in erecting it by consent choise at is shewed above If a King cannot be with out the peoples making then all the power he hath must either be by compact or gift If by compact then we have what we proposed And if by gift then if abused they may recall it or if they cannot recover it yet they may ought to hold their hand and give him no more that they may retain that is no more honour or respect which is in the honourer before the honoured get it Can it be imagined that a people acting rationally would give a power absolutely without restrictions to destroy all their oun rights Could they suppose this boundless Lawless Creature left at Liberty to Tyrannize would be a fit mean to procure the the ends of Government for this were to set up a rampant Tyrant to rule as he listeth which would make their condition a great deal worse then if they had no Ruler at all for then they might have more Liberty to see to their safety See Ius populi ch 6. pag. 96. 97. 2. This will be clear from the nature of that Authority which only a Soveraign can have over his Subjects which whatever be the Nature of it it cannot be absolute that is against Scripture Nature Common sense as shall be proven at more length That is to set up a Tyrant one who is free from all conditions a roaring Lyon a ranging Bear to destroy all if he pleases It must be granted by all that the Soveraign Authority is only fiduciarie entrusted by God the people with a great Charge A great Pledge is impauned committed to the Care Custody of the Magistrate which he must take special care of and not abuse or waste or alienate or sell for in that case Royalists themselves grant he may be deposed He is by Office a Patron of the Subjects Liberties and Keeper of the Law both of God Man the Keeper of both Tables Sure he hath no power over the Lawes of God but a Ministerial power he may not stop disable them as he pleases Of the same nature is it over all other Parts of his Charge He is rather a Tutor than an Inheritor proprietor of the Common-wealth and may not do with his pupils interest what he pleases In a word the Nature whole significancy of his power lyes in this that he is the Nations publick Servant both Objectively in that he is only for the good of the people and Representatively in that the people hath impauned in his hand all their power to do Royal Service The Scripture eaches this in giving him the Titles of Service as Watchman c. allowing him Royal wages for his Royal work Rom. 13. he is Gods Minister attending continually on this thing There is his work for this cause pay yow tribute also There is his wages maintinance He is called so in that transaction with Rehoboam The old men advised him to be a Servant unto the People then they should be his Servants 1 King. 12. 7. There was a conditional bargain proposed As to be a Servant or Tutor or Guardian upon Trust always implies Conditions Acconntableness to them that entrust them 3. It must needs be so otherwise great absurdities would follow Here would be a voluntary contracted Relation obliging as to relative duties to a man that ouwed none correlative to us and yet one whom we set over us It were strange if there were no Condition here and no other voluntarly suscepted Relations can be without this as between Man Wife Master Servant c. This would give him the disposal of us Ours as if both we and what we have were his oun as a mans goods are against which he does not sin whatever he do with them So this would make a King that could not sin against us being no ways obliged to us for he can no otherwise be obliged to us but upon Covenant conditions he may be obliged bound in duty to God otherwise but he cannot be bound to us otherwise And if he be not bound then he may do what he will he can do no wrong to us to whom he is no wayes bound This also is point blank against the Law of God which is the Second way to prove it by the Light of Revelation or Scripture 1. In thevery directions about making seting up of Kings the Lord shewes what conditions shall be required of them Deut. 17. 15. c. and in all directions for obeying them the qualifications they should have are rehearsed as Rom. 13. 3 4. Therefore none are to be set up but on these conditions and none are to be obeyed but such as have these qualifications 2. In His promises of the succession of Kings He secures their continuation only Conditionally to establish the Kingdom if they be constant to do His Commandments Judgements 1 Chron. 28. 7. There shall not fail a man to sit upon the Trone yet so that they take heed to their way to walk in Gods Law as David did 2 Chron. 6. 16. Now He was not otherwise to perform these promises but by the action suffrage of the people seting him up which He had appointed to be the way of calling Kings to Thrones if therefore the Lords promise be conditional the peoples actions also behoved to be suspended upon the same conditions 3. We have many express Covenants between Rulers Subjects in Scripture Iephthah was fetcht from the Land of Tob and made the head of the Gileadites by an explicite mutual stipulation wherein the Lord
that right priviledge which the people had conferred upon them being taught by many experiences that it was better that their Liberty should be concredited to Laws than to Kings better to have the Law which is a dumb King than a King who is not a speaking Law. If then Laws be necessary for the making of Kings and more necessary than Kings And the same cause requirs both then a King without Laws is not to be ouned Rex must be Lex loquens a King must be a speaking living Law reducing the Law to practice So much then as a King hath of Law so much he hath of a King and he who hath nothing of the Law hath nothing of a King. Magna Charta of England saith the King can do nothing but by Law and no obedience is due to him but by Law. Buchanan rehearses the words of the most famous Emperours Theodosius Valentinianus to this effect Digna vox Majestate regnantis legibus se alligatum Principem fateri revero Imperio majus ost submittere legibus Principatum It is say they a word worthy of the Majestie of a King to confess he is a tyed Prince to the Laws and indeed it is more to submit a Principality to the Laws than to enjoy an Empire But now that an absolute power must be a Lawless power is also evident for that 's a Lawless power that makes all Laws void needless useless but such is absolute power for it cannot be confined to the observance of Laws 9. That power which is destructive to the peoples Liberties cannot be ouned Absolute power is such for such a Licencious freedom as is absolute cannot consist with the peoples Liberties for these he may infringe when he pleases Now these in their oun Nature and in all respects being preferable to the Kings prerogative And it being no prerogative which is not consistent with yea in its oun nature adapted to the precious Interests of Religion Liberty when the Kings Absolute Authority is stated in contradictory terms to these we cannot oune that Authority for now he hath another Authority than could be given him for the preservation of these Interests in the preservation whereof he can only have an Authority to be ouned seeing he claimes a power to destroy them if he please 10. If we should oune Absolute Authority then we should oune a Royal prerogative in the King to make dispense with Laws Now that cannot be ouned for it would infer that the King had a Masterly Dominion over his subjects to make Lawes inflict Penalties without their consent And plain it is they that make Kings must have a Coordinate power to make Laws also but the people in their Representatives make Kings as is proven Next a prerogative to dispense with Laws except such Laws as are in their oun nature dispensable without prejudice to any Law of God or Liberties of men cannot be ouned for any power to dispense with Reason Law not grounded on any other reason but meer will absolute pleasure is a brutish power It cannot be jus Coronae a right annexed to the Crown to do so for a King as a King illud tantum potest quod jure potest can do nothing but what he may do by Law. Nay this is not only a Brutish power but a Blasphemous power making him a Kind of God on earth illimited that can do what he pleases And to dispute it further were to dispute whether God hath made all under him slaves by their oun consent Or whether he may encroach on the prerogative of God or not By this prerogative he arrogates a power to dispense with the Laws of God also in pardoning Murtherers c. which no man hath power to do the Law of God being so peremptorly indispensable Gen. 9. 6. whoso sheddeth mans blood by man shall his blood be shed Numb 35. 30. 31. Who so killeth any person the murderer shall he put to death more over ye shall take no satisfaction for the life of a murderer but he shall be surely put to death These pardons are acts of blood to the Community If the Judgment be Gods as it is Deut. 1. 17. and not for man but for the Lord 2 Chron. 19. 6. then no King can arrogate a power to dispense with it no more then an inferior Judge can dispense with the Kings Laws for the King is but a Minister bearing the Sword not in vain but as a revenger to execute wrath upon them that do evil Rom. 13. 4. They are but bastard Kings who give out sentances out of their oun mouth contrary to Gods mind And if he may do acts of grace by Prerogative above Law then may he also do acts of Justice so pretended by the same Prerogative and so may murder Innocents as well as pardon Murderers he may condemn the just as well as justify the wicked both which are alike abomination to the Lord Pro. 17. 15. This power cannot be ouned in any man. 11. To oune Absolute power were to recognosce the King as the proper sole Interpreter of the Law. This Buchanan shews to be very absurd Cum regi Legum interpretationem c. when yow grant the interpretation of Laws to a King yow give him such a Licence that the Law should not speak what the Lawgiver meaneth but what is for the Interpreters Interest so that he may turn it to all actions as a Lesbian rule for his oun advantage And so what he pleases the Laws shall speak and what he will not it shall not speak Now the Kings absolute pleasure can no more be the sense of the Law than it can be the Law it self He is King by Law but he is not King of Law No mortal can make a sense to a Law contrare to the Law for it involves a Contradiction the true meaning is only the Law. This also would take away the use of all Laws for they could not declare what were just unjust but as the King pleased their genuine sense could not be the rule 12. If we oune the Law to be above the King then we cannot oune the King to be absolute But the former is true For he must be under it several wayes 1 under its Directive power that will not be denyed 2 under its Constitutive power he is not a King by Nature but by Constitution Law therefore the Law is above the King because it s only from the Law that there is a King and that such a man and not another is King and that the King must be so so qualified and they that made him a King may also unmake him by the same Law. 3 under its Limiting Restrictive power as a man he cannot be absolute nor as a King by Law. 4 under its Coactive power A Law maker said King Iames the 6. should not be a Law breaker but if he turn an overturner of the fundamental Laws that Law or
it makes every thing that he can do as a man to be Legally done as a King But a Possessory occupation giving right would enervate take away that distinction for how can these be distinguished in a meer Possessory power the mans Possession is all his legal power and if Possession give a right his power will give legality 6. What sort or size of Possession can be ouned to give a right Either it must be partial or plenary possession Not partial for then others may be equally entitled to the Government in competition with that partial possessor having also a part of it Not plenary for them every interruption or Usurpation on a part would make a dissolution of the Government 7. Hence would follow infinite absurdities this would give equal warrant in case of vacancy to all men to step to stickle for the throne and expose the Common wealth as a booty to all aspiring spirits for they needed no more to make them Soveraigns and lay a tye of subjection upon the consciences of people but to get into possession And in case of Competition it would leave people still in suspense uncertainties whom to oune for they behoved to be subject only to the Uppermost which could not be known until the Controversy be decided It would cassate make void all preobligations Cautions restrictions from God about the Government it would Cancel and make vain all other titles of any or Constitutions or provisions or Oaths of Allegiance yea to what purpose were Laws or pactions made about ordering the Government if possession gave right laid an obligation on all to oune it yea then it were sinful to make any such provisions to fence in limit the determination of providence if providential possession may authorize every intruesive acquisition to be ouned Then also in case of competition of two equal pretenders to the Government there would be no place left for arbitrations If this were true that he is the power that is in possession the difference were at an end no man could plead for his oun right then In this also it is inconsistent with it self condemning all resistence against the present occupant yet justifying every resistence that is but successful to give possession 8. That which would oblige us to oune the Devil the Pope cannot be a ground to oune any man But if this were true that possession gave right it would oblige us to oune the Devil the pope Satan we find claiming to himself the possession of the worlds Kingdoms Luk. 4. 6. which as to many of them is in some respect true for he is called the God of this world and the Prince of this world Iohn 14. 30. 2 Cor. 4. 4. Are men therefore obliged to oune his authority or shall they deny his and acknowledge his lievtenant who bears his name and by whom all his orders are execute I mean the man that Tyranizes over the people of God for he is the Devil that casts some into prison Revel 2. 10. Again the Pope his Captain-General layes claim to a Temporal power Ecclesiastick both over all the Nations and possesses it over many and again under the Conduct of his vassal the Duke of York is attempting to recover the possession of Britain Shall he therefore be ouned This Cursed Principle disposes men for Poperie and contributes to strengthen Poperie Tyrannie both on the stage to the vacating of all the promises of their dispossession 9. That which would justify a Damnable sin and make it a ground of a duty cannot be ouned But this fancy of ouning every power in possession would justify a damnable sin and make it the ground of a duty for Resistence to the powers ordained of God is a damnable sin Rom 13. 2. but the Resisters having success in providence may come to the possession of the power by expelling the just occupant and by this opinion that possession would be ground for the duty of subjection for Conscience sake 10. If a self-created dignity be null and not to be ouned then a meer possessory is not to be ouned But the former is ttue as Christ saith Iohn S. 54. If I honour myself my honor is nothing 11. That which God hath disallowed cannot be ouned But God hath expresly disallowed possession without right Ezek. 21. 27. I will overturn overturn overturn it until He come whose right it is Hos. 8. 4. They have set up Kings not by me Math. 26. 52. All they that take the sword shall perish with the sword by this the Usurper of the Sword is differenced from the true ouner 12. Many Scripture examples confut this shewing that the possession may be in one and the power with right in another David was the Magistrate and yet Absalom possessed the place 2 Sam. 15. 16. 17. 18. 19. chap. Shebah also made a revolt and Usurped the possession in a great part and yet David was King 2 Sam. 20. 2. Adonijah got the start in respect of possession exalting himself saying I will be King yet the Kingdom was Solomons from the Lord. 1 King. 1. ch The house of Ahaziah had not power to keep still the Kingdom 2 Chron. 22. 9. and Athaliah took the possession of it yet the people set up Ioash 23. 3. Next we have many examples of such who have invaded the possessor Witness Iehoram Iehoshaphat their expedition against Mesba King of Moah Elisha being in the expedition 2 King. 3. 4 5. Hence we see the first pretence removed The Second is no better which Augustine calls Magnum Latrocinium a Great Robberie I mean conquest or a power of the Sword gotten by the Sword which that it can give no right to be ouned I prove 1. That which can give no signification of Gods approving will cannot give a Title to be ouned But meer conquest can give no signification of Gods approving will as is just now proven about possession for then the Lord should have approven all the unjust conquests that have been in the world 2. Either conquest as conquest must be ouned as a just Title to the Crown and so the Ammonites Moabites Philistims c. prevailing over Gods people for a time must have reigned by right or as a just conquest in this case conquest is only a mean to the conquerours seising holding that power which the State of the war entitled him unto And this ingress into Authority over the conquered is not grounded on conquest but on justice and not at all privative but Inclusive of the consent of the people and then it may be ouned but without a compact upon conditions of securing Religion Liberty the posterity cannot be subjected without their consent for what ever just quarrel the conquerour had with the present Generation he could haue none with the Posterity the Father can have no power to resign the Liberty of the Children 3. A King as King and by virtue of his Royal Office
the Lord. So that we sin against the fifth Command when we honour them that we are obliged to contemn by another Command Hence I argue If ouning or honouring of Tyrants be a breach of the fifth Command then we cannot oune their Authority But the former is true Ergo the latter I prove the Assumption A honouring the vile to whom no honour is due and who stand under no relation of Fathers as Fathers is a breach of the fifth Command But the ouning of Tyrants Authority is a honouring the vile to whom no honour is due and who stand under no relation of Fathers and is yet a honouring them as Fathers Ergo the ouning of Tyrants Authority is a breach of the fifth Command The Major is clear for if the honouring of these to whom no honour is due were not a breach of the fifth Command that precept conld neither be kept at all nor broken at all It could not be kept at all for either it must oblige us to honour all indefinitely as Fathers and other relations which cannot be or else it must leave us still in suspence ignorance who shall be the object of our honour and then it can never be kept or finally it must astrict our honouring to such definite relations to whom it is due then our transgression of that restriction shall be a breach of it Next if it were not so it could not be broken at all for if prostituting abusing honour be not a sin we cannot sin in the matter of honour at all for if the abuse of honour be not a sin then dishonour also is not a sin for that is but an abuse of the duty which is a sin as well as the omission of it And what should make the taking away of honour from the proper object to be sin and the giving it to a wrong object to be no sin Moreover if this Command do not restrict honour to the proper object we shall never know who is the object how shall we know who is our Father or what we owe to him if we may give another his due The Minor also is manifest for if Tyrants be vile then no honour is due to them according to that Psal. 15. 4. And yet it is a honouring them as Fathers if they be ouned as Magistrats for Magistrats are in a politick sense Fathers But certain it is that Tyrants are vile as the Epithets Characters they get in Scripture prove But because in contradiction to this it may be said though Fathers be never so wicked yet they are to be honoured because they are still Fathers And though Masters be never so vile and froward yet they are to be subjected unto 1 Pet. 2. 18-20 and so of other relations to whom honour is due by this Command therefore though Tyrants be never so vile they are to be ouned under these relations because they are the higher Powers in place of Eminency to whom the Apostle Paul commands to yeeld subjection Rom. 13. and Peter to give submission honour 1 Pet. 2. 13 17. Therefore it must be considered that as the relative duty of honouring the relations to whom it is due must not interfere with the moral duty of contemning the vile who are not under these relations So this general Moral of contemning the vile must not caâ—sate the obligation of relative duties but must be understood with a Consistency therewith without any prejudice to the duty it self We must contemn all the vile that are not under a relation to be honoured and these also that are in that relation in so far as they are vile But now Tyrants do not come under these Relations at all that are to be honoured by this Command As for the higher Powers that Paul speaks of Rom. 13. they are not those which are higher in foâ—ce but higher in Power not in potentia but in potestate not in a Celsitude of prevalency but in a precellency of dignity not in the pomp pride of their prosperity possession of the place but by the virtue value of their office being ordained of God not to be resisted the Ministers of God for good terrors to evil doers to whom honour is due those are not Tyrants but Magistrats Hence it is a word of the same root which is rendered Authority or an Authorized Power 1 Tim. 2. 2. And from the same word also comes that supreme to whom Peter commands subjection honour 1 Pet. 2. 13. Now these he speaks of have the Legal Constitution of the people being the ordinance of man to be subjected to for the Lords sake and who sends other inferior Magistrats for the punishment of evil doers and for the praise of them that do well who are to be honoured as Kings or Lawful Magistrats this cannot be said of Tyrants But more particularly to evince that Tyrants Usurpers are not to be honoured according to this Command and that it is a breach of it so to do let us go through all these Relations of Superiority that come under the obligation of this Command and we shall find Tyrants Usurpers excluded out of all First they cannot come under the Parental relation We are indeed to esteem Kings as Fathers though not properly but by way of some Analogy because it is their office to care for the people and to be their Counsellers and to defend them as Fathers do for Children but Roaring Lyons Ranging Bears as wicked Rulers are Prov. 28. 15. cannot be Fathers But Kings cannot properly be ouned under this Relation far less Tyrants with whom the Analogy of Fathers cannot consist there being so many notable disparities betwixt Kings Fathers 1. A Father may be a Father to one Child but a King cannot be a King or Politick Father to one only but his Correlate must be a Community a Tyrant can be a Father to none at all in a Politick sense 2. A Father is a Father by Generation to all coming out of his loyns a King not so he doth not beget them nor doth their relation flow from that a Tyrant is a destroyer not a Procreator of people 3. A Father is the cause of the Natural being of his Children A King only of the Politick well being of his subjects but Tyrants are he cause of the ill being of both 4. A Father once a Father as long as his Children live retains still the relation thô he turn mad and never so wicked A King turning mad may be served as Nebuchadnezzar was at least all will grant in some cases the subjects may shake off thâ— King and if in any case it is when he turns Tyrant 5. A Fathers relation never ceases whither soeuer his Children go but subjects may change their relation to a King by coming under another King in another Kingdom a Tyrant will force all lovers of freedom to leave the Kingdom where he Domineers 6. A Fathers relation never changes he can neither
be said then it cannot be an universal Grant or otherwise all Kings must be ordained for plagnes And if so it were better we wanted such nursing fathers 2. Though Mishphat signifies right or Law yet it signifies also and perhaps no less frequently Manner Course or Custome And here it cannot signify the Law of God for all these Acts of Tyranny are contrary to the Law of God for to make Servants of subjects is contrary to the Law of God Deut. 17. 20. forbidding to lift up himself so far above his brethren but this was to deal with them as a proud Pharaoh to take so many for Chariots horsemen is also contrary to the Law Deut. 17. 15. he shall not multiply horses to take their fields vineyards is meer Robbery contrary to the Moral Judicial Law whereof he was to have alwise a Copy vers 18. And contrary to Ezek. 46. 18. The Prince shall not take of the peoples inheritance c. This would justify Ahabs taking Naboths vineyard which yet the Lord accounted Robberie and for which Tyrants are called Companions of Thieves Isai. 1. 23. Robbers Isai. 42. 24. into whose hands the Lord somtimes may give His people for a spoyl in Judicial providence but never with His Approbation grant of right to make them cry out â—s oppression which the Lord abhors Isai. 5. 7 8. And if this be all the remedy it is none for it is such a Cry as the Lord threatens He will not hear 3. It is false that this manner of the King was registered in that Book mentioned 1 Sam. 10. 25. for that was the Law of the Kingdom accordingly the Copy of which the King was to have for his instruction containing the fundamental Laws point blank contrary to this which was the manner of the King There is a great difference between the Manner of the Kingdom what ought to be observed as Law and the Manner of the King what he would have as lust Would Samuel write in a Book the rules of Tyranny to teach to oppress contrary to the Law of God He sayes himself he would only teach both King people the good the right way Sam. 12. 23 25. 4. Nothing can be more plain than that this was a meer disswasive against seeking a King for he protests against this Course and then layes before them what sort of King he should be in a description of many acts of Tyranny and yet in end its said vers 19. Nevertheless the people refused to obey the voice of Samuel and said Nay but we will have a King. Now what else was the voice of Samuel than a disswasion I am not here levelling this Argument against Monarchy in the abstract that does not lie in my road But I infer from hence 1. If God was displeased with this people for asking ouning a King who was only Tyrannus in fieri and disswades from the choise by a description of his future Tyranny Then Certainly He was displeased with them when they continued ouning him when a Tyrant in facto esse according to that description But the former is true Therefore also the latter The Consequence is clear for Continuing in sin is sin but continuing in ouning that Tyrant which was their sin at first was a continuing in sin Ergo The Minor is confirmed thus Continuing in counteracting the Motives of Gods disswasion especially when they are sensibly visible is a Continuing in sin But their Continuing in ouning Saul after he became a Tyrant was a Continuing in counteracting the Motives of Gods disswasion when they were sensibly visible I do not say because it was their sin to ask Soul therefore it was not Lawful to oune him while he ruled as a Magistrate And so if Charles the second had ruled righteously it would not have been sin to oune him but after the Lord uses disswasives from a choise of such a one and these are signally verified if it was sin to make the choise then it must be sin to keep it 2. If it was their sin to seek set up such a one before he was Tyrant who yet was admitted upon Covenant terms and the manner of it registered Then much more is it a sin to seek set up one after he declared himself a Tyrant and to admit him without any terms at all or for any to consent or give their suffrage to such a deed But the former is true Therefore the latter and Consequently to give our consent to the erection of the D. of Y. by ouning his Authority were our sin 3. If it be a sin to oune the manner of the King there described then it is a sin to oune the present pretended Authority which is the exact transumpt of it But it is a sin to oune the manner of the King there described or else it would never have been used as a disswasive from seeking such a King. 4. To bring our selves under such a burden which the Lord will not remove and involve our selves under such a miserie wherein the Lord will not hear us is certainly a sin vers 18. But to oune or chuse such a King whose manner is there described would bring our selves under such a burden miserie wherein the Lord would not hear us Ergo it were our sin 4. We may adde the necessary Qualifications of Magistrates which the Lord requires to be in all both Superior Inferior And thence it may be inserred that such pretended Rulers who neither have nor can have these Qualifications are not to be ouned as Magistrates no more than such are to be ouned as Ministers who have no qualifications for such a function We find their essentially necessary qualifications particularly described Iethros Counsel was Gods Counsel Command That Rulers must be able men such as fear God men of Truth hating Covetousness Exod. 18. 21. Tyrants Usurpers have none nor can have any of these qualifications except that they may have ability of force which is not here meant but that they be Morally able for the discharge of their duty Surely they cannot fear God nor be men of Truth for then they would not be Tyrants It is Gods direction that the man to be advanced assumed to Rule must be a man in whom is the Spirit Numb 27. 18. as is said of Ioshua what Spirit this was Deut. 34. 9. explains He was full of the Spirit of Wisdom that is the Spirit of Government not the Spirit of infernal or Iesuitical Policy which Tyrants may have but they cannot have the true Regal Spirit but such a Spirit as Saul had when he turned Tyrant an evil Spirit from the Lord. Moses saith they must be wise men understanding and known among the tribes Deut. 1. 13. for if they be Children or fools they are plagues punishments Isai. 3. 2 3 4. c. not Magistrates who are alwise blessings And they must be known men of intergrity not known to be
affronted wickedness and hatred of Godliness may give ground to doubt of it as Christians had of Iulian the Apostate 2. We are obliged to love our Enemies to Bless them that Curse us to do good to them that hate us to pray for them that despitefully use persecute us Math. 5. 44. Accordingly Our Master who commanded this did give us a Pattern to imitate when He prayed Father forgive them for they know not what they do Luk. 23. 34. And His faithful Martyr Stephen prayed for his Murderers Lord lay not this sin to their charge Act. 7. ult We are to pity them and not to seek vengeance against them for any injuries they can do to us Yet as this doth not interfere with a holy zealous Appeal to God for righting resenting requiting the wrongs done to us that He may vindicate us our Cause and make them repent of their injuries done to us to the Glory of God and Conviction of Onlookers and Confusion of themselves which may well consist with Mercy to their Souls So all we can pray for them in their opposition to us is in order to their repentance but never for their prosperity in that Course And we may well imitate even against our enemies that prayer of Zecharia's The Lord look upon it and require it 2 Chron. 24. 22. But we are never to pray for Christs stated Enemies as to the bulk of them and under that formality as His Enemies for we must not love them that hate the Lord 2 Chron. 19. 2. but hate them and hate them with a perfect hatred Psâl. 139. 21 22. We are to pray for the Elect among them but only to the end they may escape the vengeance which we are obliged to pray for against them 3. We are not to exsecrate our enemies or use imprecations against any out of blind zeal or the passionate or revengefull motions of our oun hearts Our Lord rebuked His Disciples for such preposterous zeal Luk. 9. 55. Ye know not what manner of Spirit ye are of But against the Stated Declared Enemies of Christ as such while such we may well take a pattern from the imprecatory Prayers of the Saints recorded in Scripture such as do not peremptorly determine about the eternal State of particular persons which determinations except we be extraordinarly acted by the same Spirit whose Dictates these are are not to be imitated by us We find several sorts of Imprecations in the Psalms other Scriptures Some are imitable some not Some are Propheticall having the force of a Prophecy as Davids Psal. 35. 4. Let them be confounded that seek after my Soul Let Destruction come upon him Psal. 55. 15. Let them go doun quick to hell And Ieremiah chap. 17. 18. Let them be confounded that persecute me destroy them with double destruction Without this Prophetical Spirit determining the application of these threatenings to particular persons we may not imitate this peremptoriness Some are Typical of Christs Mediatory devoting His Enemies to destruction who as He interceeds for His friends so by virtue of the same Merits by them trampled upon He pleads for vengeance against His enemies Which Mediatory vengeance is the most dreadful of all vengeances Heb. 10. 29. So also Psal. 40. He whose ears were opened and who said lo I come vers 6. 7. that is Christ does imprecate shame Confusion desolation vers 14. 15. As also Psal. 109. the Psalmist personates Christ complaining of imprecating against His enemies particularly Iudas the Traitor vers 8. It must be dreadful to be under the dint of the Mediators Imprecations And also dreadful to clash with Him in His Intercessions that is to apprecate for them against whom He imprecates or pray for them against whom He intercedes But some Imprecatioâ—s against the enemies of God are imitable such as proceed from pure zeal for God and the Spirit of Prayer as that Psal. 109. ult Put them in fear O Lord that the Nations may know themselves to be but men Psal. 83. 16. fill their faces with shame that they may seek thy Name This is to be imitated in general against all the enemies of God Psal 129. 5. Let them all be confounded that hate Zion without condescending on particular persons except obviously not odiously desperate presumptively Christs implacable Enemies 4. Touching Magistrates it is a great duty to pray that God would give us Magistrates as He hath promised for the Comfort of His Church Isai. 1. 26. Isai. 49. 2. Ier. 30. 21. Promises should be motives foments of Prayer We ought to pray against Anarchy as a Plague and with all earnestness beg of God that the mercy of Magistracy may agaâ—n be known in Brittain of which it hath been long deprived 5. And when we have them it is a necessary Duty to pray for them for Kings and for all that are in Authority that we may lead a quiet peaceable life in all Godliness honesty 1 Tim. 2. 2. Where it is specified what sort we should pray for and to what end As we are not to pray for all men absolutely for some as they are declared to be out of the precincts of of Christs Mediation so they must be out of our Prayers So there may be some in actual Rule that may be excepted out of the verge of the Christians Prayers as was said of Iulian the Apostate But he that is a Magistrate indeed and in Authority the subjects are to pray and to give thanks for him not as a man meerly but as a Magistrate Yea though they be Heathen Magistrates Ezra 6. 10. We may pray for all in Authority two wayes As Men as Kings As Men we may pray for their Salvation or Conversion or taking them out of the way if they be enemies to Christs Kingdom according as they are stated and upon Condition if it be possible and if they belong to the Election of Grace Though for such as are opposites to the coming of Christs Kingdom as it is a contradiction to the second petition of the Lords Prayer Thy Kingdom come So in the experience of the most eminent wrestlers they have found less faith less encouragement in praying for them than for any other sort of men It is rare that ever any could find their hands in praying for the Conversion of our Rulers And though we pray that the Lord would convince them yea confound them in mercy to their souls yet this must never be wanting in our Prayers for Tyrants as men that God would bring them doun and cause Justice overtake them that so God may be Glorified and the Nation eased of such a burden But if we pray for them as Kings then they must be such by Gods approbation and not meer possessory Occupants to whom we owe no such respect nor duty For whatever the Hobbists and the time-serving Casuists of our day and even many good men though wofully
we cannot expect to have the Lord for a Sanctuary but for a stone of stumbling Isai. 8. 8. 12-14 No Peace obstructing the Gospel or Testimony or abstracting from the duty of the day No Peace tending to sinful security Ier. 8. 11. No Peace leading to slavish stupidity No Peace prompting to preposterous prudence in palliating sin or daubing defections with untempered morter No Peace inconsistent with Truth they must go together Zech. 1. 19. No Peace that may not be followed with Holiness Heb. 12. 14. But it must be so qualified that it be in the Lord in Truth in duty contributing for the good of the Church Psal. 122. 8 9. and the fruit of that Wisdom which is first Pure and then Peaceable Iam. 3. 17. Now all that know the Imposers of these Bonds will acknowledge that is not the Peace they are seeking 3. If we further enquire into their meaning of Living Peaceably and seek a determinate sense of it from their Acts Actings It is plain they mean such a Peaceable Living as gives obedience to their wicked Laws and is a Complyance to their established Courses And it must be such a Peaceable living as is opposite to their sense of Sedition Rebellion Schisme c. Which they interpret every seasonable duty to be And it must be such a Peaceable living as they were presumed not to have been observant of before and what ever it be must be opposite to that with which they were charged as turbulent and so contrary to all the duties of our Covenanted profession as going to meetings withdrawing from the Curats c. Which they interpret not to be Peacable living 4. This is contrary to our Covenants which oblige us to a constant contending with and opposition to them Yet all this is engaged into in the Oath of Abjuration which abjures all war against the King and all doing injury to them that serve him and consequently to Peace living Peaceably with them IV. Of Affinity to this were many other Bonds of Regularity frequently renewed generally imposed and that with unparalelled illegality rigour Sometimes by hosts of Savage Highlanders Sometimes by Circuit-Courts and by Heretors upon their Tenants and with such unheard of involvements that the Master or Heretor was obliged for himself his Wife Children Servants Tenants and all under him to live Orderly Which in some was more bluntly expressed in others more flatly explained that they should keep the Publick Ordinances that is hear the Curats and not go to any Seditious Conventicles so they called the Persecuted Meetings of the Lords people for the Worship of God and in others yet more impudently exacted that they should not harbour intertain or correspond with any that went to these Meetings but discover and assist to the apprehending of them There were several forms of them from time to time some longer some shorter but all of them first last were to the same sense scope And the most favourably worded had much wickedness in them for 1. They are Covenants of Order and coming under the same Rule with themselves which is nothing but their lusts Mischiefs framed into Law not according to the Rule of the Word of God but the iniquious Laws of men 2. They could not be taken in Truth Judgement Righteousness for either they were ambiguous or their plain sense obliged to manifest iniquities to conforme with all their enacted corruptions 3. They are clear breaches of Covenant which obliges to another Kind of Orderlyness and to follow other Rules and take none from them in the Matters of God. 4. They are impossible and absurd obliging Masters to bind for all under them that could neither lye in their power nor in their duty to restrain their Liberty in these Lawful things and to constrain compell their consciences to sin 5. They are unnatural cruel obliging the Takers to partake with them in their persecution of the Godly 6. They were engagments to hear Curats which is proved to be sin Head 1. throughout 7. They were engagments to withdraw from the Meetings of the Lords people proved to be duty Head 4. Yet the Oath of Abjuration is some way equivalent to this in that it obliges the Abjurers to renounce Disorderlyness in their sense and to do no harm to the timeserving Orderly Clergy or Laity serving prosecuting their wicked Orders V. Some other Bonds of that nature and Oaths frequently put to Suffering people when taken Prisoners did require peaceableness Orderlyness in this Style that they should either tacitely or expressly condemn Some Risings in Armes as at Pentland Bothwel c. to be Rebellion against the King and a sin against God engage never to rise in Armes against the King or any commissionate by him upon any pretence whatsoever The iniquity whereof is manifest for 1. This is a Covenant equivalent to a league Offensive Defensive with them obliging never to offend or oppose them not to defend nor rescue our Brethren against from their murdering violence 2. This could not be taken in Truth Judgement Righteousness for who can tell how far that may extend upon any pretence whatsoever this may oblige us to make a stupid surrender of our lives when the King turns so Tyrannical as to send his Cut-throats to demand them or Authorizes his bloody Papists to Massacre us them we must not resist upon this pretence 3. It is contrary to our Covenants that allow Resistance in some cases and oblige to assist defend all that enter under the bond thereof 5. This infers an ouning of the present Authority as the irresistible Ordinance of God and an obligation of living peaceably in subjection under it disproved above To which I shall adde a part of that forecited Letter of Mr Rutherfoords the 63. in number of the third part of his printed Letters which are a clear vindication of the principles practice of our consciencious Sufferers on this point There is a promise real purpose saith he to live peaceably under the Kings Authority But 1 yow do not so answer candidly imgenuously the mind of the Rulers who to your knowledge mean a far other thing by Authority than yow do for yow mean his just Authority his Authority in the Lord in the maintenance of true Religion as in the Covenant confession of faith is expressed from the Word of God they mean his supreme Authority absolute prerogative above Laws as their Acts clear and as their practice is for they refused to such as were unwilling to subscribe their bond to adde Authority in the Lord or just Lawful Authority or Authority as it is expressed in the Covenant but this draught of a petition yeelds the sense meaning to them which they crave 2 That Authority for which they contend is exclusive of the sworn Covenant So that except ye had said ye shall be subject to the Kings Authority in the Lord or
the chief of our fundamental Land-rights and the Cardinal Condition of the established Policy upon which we can only oune men for Magistrats by the Law of the Land And this Testimony by defence of the Gospel and of our oun lives cannot be given expediently any where but in the Fields It is also a Testimony for the freedom Authority of the Gospel-Ministrie and for their holding their unremovable Relation to the Church of Scotland which is infringed by these Tyrannical Acts and maintained by these exercises which is a priviledge to be contended for above beyond all other that can be contended for or defended especially to be maintained against those that have no power or Authority to take it away There will no man quite any of his goods upon a sentence coming from an incompetent Judge And shall Ministers or people be hectored or fooled from such a priviledge by them that have no such power 6. The keeping of Field-Meetings now is a Testimony for our Covenants the ouning whereof is declared Criminal by that same Law that discharges these Meetings in which we are sworn to preserve the Reformation in Doctrine Worship Discipline Government and to defend all the Churches Liberties and to oppose all their Opposites and endeavour their exstirpation And in the Solemn Acknowledgment of sins Engagment to duties we are sworn because many have of late laboured to supplant the Liberties of the Kirk to maintain defend the Kirk of Scotland in all her Liberties Priviledges against all who shall oppose undermine the same or encroach thereupon under any pretext whatsoever Since then the ouning of these Meetings and the Covenants are both discharged together and the ouning of the Covenant does oblige to a publick opposition against the dischargers and an avowed Maintinance of the Churches priviledges whereof this is in a manner the only chief Liberty now left to be maintained to keep Meetings where we may testify against them without dependence on their Toleration it must follow that these Meetings are to be maintained which only can be in the fields with conveniency 7. To give over these Field-Meetings now would be an hardening encouraging of these Enemies in their wicked design of banishing all these Meetings out of the Land which manifestly would be defeat by a resolute refusal of all to submit to their discharging of them and they that do submit and give them over do evidently contribute to the effectuating that wicked design which is certain does not nor will not terminate upon a simple suppression of that sort but further is intended to exstirpate all Meetings for Gospel Ordinances in which there is any Testimony against them To Comply therefore with such a forbearance of them at this time would lay a stone of stumbling before them to encourage them in these their designs when they should see their Contrivance so universally complyed with wherein they might boast that at length they had prevailed to put quite away that eye-sore of theirs Field-Meetings 8. To give over these Field-Meetings now were a stumbling to the poor ignorant people who might think that now it appears that Work was but of men and so hath come to naught and would look upon it as an evidence of fainting succumbing at last in the matter of the Testimony as being quite overcome and that indeed all have embraced accepted this present Toleration and were all alike sleeping under the shade and eating the fruits of such a bramble 9. Finally To give over these Field-Meetings now would be very scandalous to the posterity and to Strangers who shall read the History of our Church to find that as Prelacy came in without a joint Witness and the monstrous Blasphemous Sacrilegious Supremacy was erected without a Testimony in its season So black Poperie it self and Tyranny was introduced by a Toleration which laid them all by from a Testimony against these who formerly had valiantly resolutely faithfully contended against all lesser Corruptions but at last when that came and stricter prohibitions of all publick Meetings but under the Covert thereof were emitted then all were perswaded to comply with that Course How astonishing would it be to read that all these Contendings sealed with so much precious blood should come to such a pitiful Period But I hasten to the Next which is the Second Positive Ground of Suffering HEAD V. The Principle of Testimony for Defensive Armes Vindicated THis Truth is of that sort that can hardly be illustrated by demonstration not for the darkness thereof but for its self evidencing clearness being scarcely capable of any further elucidation than what is offered to the rational understanding by its simple proposition As first Principles can hardly be proven because they need no probation and cannot be made clearer than they are and such as cannot consent to them are incapable of conceiving any probation of them So this Truth of Self-preservation being Lawful because it is congenite with and irradicated in every nature that hath a Self which it can preserve can scarcely be more illustrated that it may do so than that it can do so And therefore to all who have a true respect to their oun as well as a due concern in the Interest of Mankind and zeal for the Interest of Christ it might seem superfluous to make a doubt or debate of this Were it not that a Generation of men is now prevailing that are as great Monsters in Nature as they are Malignant in Religion and as great perverters of the Law of Nature as they are Subverters of Municipal Laws and Everters of the Laws of God Who for ouning this principle as well as using the practice of Defensive Resistence for self preservation against Tyrannical violence have set up such Monuments of rage cruelty in the Murder of many innocent people as was never read nor heard of before It hath been indeed the practice of all Nations in the World and the greatest of men have maintained this principle in all ages But the bare Asserting the principle when extorted by severe Inquisitions was never a Cause of taking the lives of any before this was imposed on the poor Sufâ—erers in Scotland to give their judgement Whether or not such Appearances for Defence as the Tyranny of Rulers had forced people to were Rebâ—llion and a Sin against God Which they could not in Conscience assert and therefore thô many that have suffered upon this head have been as free of the practice of such Resâ—stence as any yet because they would not condemn the principle they have been Criminally processed Arraigned Condemned to the death And against this Truth they have been observed to have a special kind of indignation either because the light of it which cannot be â—id hath some heat with it to seâ—rch them or because they fear the impression of this in the hearts of people more than others knowing that they deserve the
when they should be in a Capacity to improve them against their Murdering Persecuters against whom He gives His Royal Grant of Resistence that the world may know His Subjects thô they have more Priviledges Spiritual yet they have no less humane Priviledges than other men Albeit at that Period of His determined Suffering He would not allow the present use of them Hence If the Lords people should provide themselves with Armes of defence thô they should be reputed Transgressors for so doing Then may they use these Armes of Defence against them that Persecute them under that Notion But the Antecedent is clear Therefore c. Fifthly We may infer the same Truth from some of the Prayers of the Saints wherein they glory in the confident expectation of the Lords strengthening them favouring approving their helpers in the experience of the Lord Assisting them while in the mean time constitute in a formed Appearance of Resistence I shall only hint these 1. In that prayer Psal. 44. 5. They glory in hope that through the Lord they will push doun their enemies c. yet now they were under the power of Tyrannizing Dominators which they were Resisting for vers 9. they complain they were put to shame because the Lord went not forth with their Armies they which hated them spoyled them And for His Sake were killed all day long Hence they plead that the Lord would awake and not forget their affliction oppression Whereby it is evident they were under the yoke of Tyrannizing powers and Resisting according to their might Which by whomsoever or upon what occasion soever the Psalm was compiled shewes that no want of Success in Resisting Tyrants can mar the Saints faith in pleading for the Lords Assistence Approbation of the Duty Hence they that in faith may pray for boast of their treading doun their Tyrannizing powers that rise up against them may also in faith attempt the Resisting of them in their oun defence But here the Lords people did the former 2. We find David under Sauls persecution while he had a party of 600. men to defend himself against his rage in the Psalmes which he composed upon that occasion not only complaining of Oppressors but encouraging himself in the faith that God would be with them that assisted him in his essay of defending himself and imprecating destruction to Saul his Complices that the Lord would cut them off in His Truth and let him see his desire upon them Psal. 54. 4 5. ult And Psal. 57. 4. And Psal 57. throughout And Psal. 140. 7 9. He imprecates against the head of them that compassed him about and consequently against Saul Whence I argue 1. If the Lords people conflicting with encompassed with Oppressing Rulers as so many Lyons Dogs may pray praise for the help of those that assist them in their endeavours of Self-preservation from them then may they make use of their help for their Defence for which they pray praise But here we see the Lords people did the former Therefore they may do the latter 2. If we may pray against Kings and for preservation from them Then may we Defend our selves against them and endeavour the means of that preservation for which we pray The Connexion is before cleared yet here I adde That which will give a Dispensation from our duty of praying for them will also dispense from the duty of being passively subject to their will And consequently will allow defending our selves from their violence But here we see Tyrannie Treacherie and designed Mischief will give a Dispensation from our duty of praying for them thô that be duty as indispensable as subjection Again if any thing demur us from Resisting of Princes it must be respect to their Majestie and the Character of the Lords anointing upon them But we see no respect to that will demur a Believer from praying in faith against them Therefore no such respect will hinder but that he may defend himself against his violence And indeed if we consider it right if the impression of any Majestie God hath put upon Princes should bind up our hands from any Resistence it will restrain from prayer-resistence for if that impression have any force at any time it must be when a man is most solemnly stated before God and speaking to God as a Christian rather than when he is acting as a man with a man like himself And as prayer-resistence is the more formidable forcible Resistence than any other as this Saul and many other Kings have found by their woful experience so it is more restricted than other Resistence for we may defend our selves against many whom we must not pray against to wit our private enemies for whom we are commanded to pray yet no body will deny but we may resist their violence And likewise we are commanded to pray for Kings when invested with Gods Authority But when their degeneration looses us from that obligation to pray for them and allowes us to pray against them when they turn Enemies to God as we see in the prayers of the Psalmist Then also we may more warrantably resist them by Defensive Armes 3. Among the Halle-luyahs in the end of Psalmes there is one Calculaâ—e for the prevailing time of the Church when the Lord shall take pleasure in His people In that time of the Saints being joyful in Glory when they may glory in the rest security the Lord will vouchafe upon them they are Prophetically very Pathetically excited to praise prayer-wise Psal. 149. 6. to the end Let the high praises of God be in their mouth and a two edged sword in their hand to bind their Kings with chains to execute upon them the Iudgement written this hâ—nour have all the Saints Halle-lujah This was their praise honour when they were brought in to execute vengeance upon the Kings Nobles of 〈◊〉 This also in Davids time was the ambition and also the attainment of the Saints in their Triumphant victories over many of their Oppressors round about them But it looks to a further more famous execution of vengeance upon the Tyrants of the earth when they shall have long kept under the Church of God at length the Lord shall give His people a Capacity to break their yoke which when ever it shall be shall be their honour Hence If it be the honour of the Saints when the Lord puts them in Capacity to execute vengeance upon their Enemies thô they be Kings that Oppress them Then it may be their ambition to seek it at least they may resist them Thus from several Scripture Practices Reproofs Promises Precepts prayers this Truth may be proven from which Scriptures though other precious Truths are more Natively deduced yet this Truth by unstrained unconstrained Consequence may be also clearly inferred HEAD VI. The Sufferings of Some upon the account of Extraordinary executing of Iudgement upon Notorious Incendiaries
Murdering publick Enemies by private persons in the circumstances wherein they were stated vindicated SUrely saith Solomon Oppression maketh a wise man mad as on the other hand a gift destroyeth the heart Which whensover there is a Concurrence verification of both together makes it very incident and no wayes to be admired that either some Actions of the Oppressed be Censurable Or that there be found many to Censure them either out of ignorance or prejudice at a far off glance which a nearer narrower inspection of circumstances through a Prospect of Charity would not so readily condemn When the Oppression of Tyrants comes to such a hight pinch of Extremity that it not only threatens a Community with desolation but induces a necessity of unavoidable dissolution and reduces a people to such a paroxisme of Desperation consternation in respect of humane deliberation bringing them to their wits end that either they must succumb as slaves and mancipate consciences persons Liberties properties and all they are or have to the lust of raging Tyrants and their revening Emissaries or surrender themselves and their posterity and which is dearer the Interest of Religion to be destroyed Then it is no wonder that they be sometimes necessitated in such an extremity extremis malis extrema adhibere remedia and forced to fall upon such expedients to prevent their utter extermination as at other times common Order and ordinary Justice would make extravagant Yea it is no marvel thô they fall into several real Extravagances which are not to be justified nor extenuated but rather it is to be acknowledged as a Miracle of the Lords Mercy that in such a case they are restrained from more scandalous Excesses of that nature Yet even then such as live at ease free of oppression who are blinded with prejudice at the Oppressed and bribed with the Indulgence Lenity of the Oppressours towards themselves will look upon these Actions as transports of madness and effects of extravagant zeal while they weigh them only in the scales of Ordinary Justice and do not ponderate them in the ballance of Necessitated Virtue nor perpend the circumsâ—ances which made those extraordinary Acts of Judgement which materially are Lawful at all times to be executed by some to be then necessary Acts of Justice to be inflicted by them in such a case But if either the Oppressours themselves Or such who are blinded bribed with their gifts and killed with their kindness not only into an omission of concurring but into a condemning of such extraordinary Attempts of taking off those Destroyers Or if On-lookers at a Distance would seriously consider and ingenuously declare their opinion in a particular application of the case to themselves what they would do in such circumstances I doubt not but as Charity should oblige them to be sparing of their Censures in a case whereof they have no experience So Justice in resolving this point for themselves would constrain them to justify such extraordinary necessitated Practices for self preservation in preventing perishing by destroying their Destroyers and move them rather to admire their Patience who have suffered so much and so long those beasts of prey to devour them than to censure their precipitancies in being constrained to endeavour to deliver themselves at last from and put an end to their Cruelty who did most annoy them Yea as Naphtali sayes very well It were impossible that rational men after the feeling of so sore grievances and the teaching of so many sad experiences should still couch under the burden and submit themselves to the yoke of such vile Apostate Upstarts and bloody Villains and not rather acquit themselves like men by pulling off these vizards under which they mask their Villanies and clock their violence and plucking them out of that Sanctuary of Loyaltie and Refuge of Authority which they do not more pretend than profane by all their horrid Rebellion against God and cruel Murders executed upon the Lords people to the effect that in the righteous deserved punishment of these wicked men both the sin of the Land might be sisted and the fierce Anger of the Lord averted Naph Prior edit Pag. 134. Nevertheless such Lawful and as one would think laudable Attempts for cutting off such Monsters of Nature beasts of prey burdens to the earth as well as Enemies to the Common-wealth are not only condemned as Murders horrid Assassinations but Criminally Capitally punished as such And upon this account the Sufferings of sâ—ch as have left a Conviction upon the consciences of all that knew them of their honesty integrity soundness in the principles and seriousness in the practice of Religion have been several singular and signally severe and ouned of the Lord to the admiration of all Spectators Some being cruelly tortured executed to the death for essaying such execution of Judgement as Mr Mitchel others for accomplishing it as Mr Hackstoun of Rathillet and others who avowed their accession to the cutting of that Arch-Traitor Sharp Prelat of St Andrewes And others for not condemning that and the like Acts of Justice thô they were as innocent of the facts as the Child unborn The foregoing Historical Representation of the matters of fact doth clear the Circumstances of the Actions which if ever any of that nature performed by private men without publick Authority could be justified will at least demur the condemning of them For the men or rather monsters thus removed had not only been perjured Apostates from and conjured Enemies against God in a Conspiracy with the Devil to destroy the Reformation and the Remnant that professed it affronted Blasphemers perfidious Betrayers of the Country and Enemies to the Commonweath Malignant Incendiaries and habitual Murderers of many of the Lords people who for many notorious Crimes had forfeited their lives to Justice But were insolently prosecuting their Murdering designs informing the Council and instigating them against innocent people to destroy them utterly procuring from them bloody Orders to spare none but cut off all who might fall into their hands and vigorously vigilantly with all violence pursuing their Murdering Mandats both in their oun persons and by villains whom they hounded out as Intelligencers to get to give notice where any of those people might be detected whom they vowed and avowed a design to destroy when in the heat hight of their rage they were cut off The Actors were no wayes subject to them nor any other way related than declared Independent Enemies are to one another having renounced all relation to them and their Masters as Magistrats or their superiours and were in no terms of peace with them but maintaning an hostile opposition and carrying without cessation armes to resist them and when they got that advantage over them that these Enemies were seeking against them they declared solemnly to them and dyed declaring it to the world that they were not moved out of private revenge for
Authority to execute Judgement To this I reply 1. I trust to make the Contrary appear from Scripture and by 2. If the Law obliges none but those in publick Authority to execute Judgement then when there is no Judgement execute it must be the sin of non but those in publick Authority And if it be only their sin now comes others to be threatened punished for this that Judgement is not executed if they must only stand by and be spectators of their omissions unconcerned What shall they do to evite this wrath Shall they exhort them or witness against them But that more than all this is required is proved before several times where this Argument of peoples being punished for the sin of their Rulers hath been touched 3. Then when there is no Authority it must be no sin at all that Judgement is not executed because it is the sin of none it can not be sin except it be the sin of some 4. What if those in publick Authority be the Murderers who shall put them do death By what Authority shall Judgement be execute upon them Whither publick or private publick it cannot be for there is no formal publick Authority above the Supreame who are supposed the party to be punished If it be by the radical Authority of the people which is the thing we plead for then it is but private as that of one party against another The people are the party grieved and so cannot be Judges At best then this will be extrajudicial executing of Judgement And if the people may do it upon the Greatest of Tyrants then a part of them who are in greatest hazard may save themselves from those of Lesser Note by puting them to death for if all the people have right to punish Universal Tyrants because they are destroyers of all then a part hath right to punish particular Tyrants because they are destroyers of them when they cannot have access to publick Authority nor the concurrence of the whole body 4. Let these Murderers Incendiaries be considered either as a part of the Community with them whom they murder destroy or not If they be a part and do belong to the same Community which is not granted in this case yet let it be given Then when the safety of the whole or better part cannot consist with the sparing or preserving of a single man especially such an one as prejudges all and destroyes that better part he is rather to be cut off than the whole or the better part be endangered for the cutting off of a Contagious Member that destroyes the rest of the body is well warranted by Nature because the safety of the whole is to be preferred to the safety of a part especially a destructive part But now who shall cut it off since it must be cut off otherwise a greater part of the body will be presently consumed and the whole endangered It is sure the Phisicians duty but what if he will not or can not or there be no Phisician then any that can may must yea one member may in that case cut off another So when either the Magistrate will not or dare not or does not or there is none to do this necessary work of Justice for the preservation of the Community any member of it may rather prevent the destruction of the whole or a greater part by destroying the Murdering destructive Member than suffer himself others to be unavoidably destroyed by his being spared If they be not within or belonging to that Societie then they may be dealt with carried towards as publick Enemies Strangers and all advantages may be taken of them in cases of necessity as men would do if invaded by Turks or Tartars 5. Let it be considered what men might have done in such a case before Government was erected if there had been some publick notour Murderers still preying upon some sort of men Certainly then private persons as all are in that case might kill them to prevent further destruction Hence if this was Lawful before Government was established it cannot be unlawful when people cannot have the benefit of the Government when the Government that is instead of giving redress to the grieved oppressed does allow impower them to destroy them otherwise people might be better without Government than with it for then they might prevent their Murderers by cutting them off But so it is that this was Lawful before Government was established For let it be adverted that the Scripture seems to insinuate such a Case before the flood Cain after he Murdered his brother feared that every man that found him should slay him Gen. 4. 14. If he had reason to fear this as certainly he had if the Lord had not removed that by proroguing the execution of vengeance upon him for his greater punishment and the worlds more Lasting instruction and by seting a mark upon him and inhibiting under a severe threatening any to touch him Then either every man that should have killed him was the Magistrate which were ridiculous or every man was every any private person universally which might have killed him if this inhibition had not past upon it Anisworth upon the place sayes that among the ancient Romans every one might kill without a challenge any man that was Cursed for some publick Crime and cites Dyonis Halicarnas L. 2. And so Cain spoke this from a dictate of Nature and a guilty Conscience 6. At the Erection of Government thô the people resign the formal power of life death and punishing Criminals over to the Governour Constitute by them yet as they retain the radical power right virtually So when either the Magistrats neglects their duty of vindicating the innocent and punishing their destroyers or impowers Murderers to prey upon them In that case they may resume the exercise of it to destroy their destroyers when there is no other way of preventing or escaping their destructions because extremis morbis extrema remedia In an extraordinary exigent when Ahab Iezebel did undo the Church of God Elias with the peoples help killed all Baals Priests against and without the Kings will in this case its evident the people resumed their power as Lex Rex saith Quest. 9 Pag. 63. There must be a Court of Necessity no less than a Court of Justice when it is in this extremity as if they had no Ruler as that same Learned Author sayeth Quest. 24. Pag. 213. If then the people may resume that power in cases of necessity which they resigned to the Magistrate then a part may resume it when a part only is in that necessity and all may claim an interest in the Resumption that had an interest in the Resignation 7. Especially upon the dissolution of a Government when people are under a necessity to revolt from it and so are reduced to their primeve Liberty they may then resume all that power they had before
it But here it is given before the Institution of Magistracy when now there was no Government in the world but family-Government as Grotius on the place saith Cum enim lex haec â—ata est non dum constituta sunt judicia itaque naturale justaliatus hic indicatur quod aucto humano genere in gentes distributo merito solis judicibus permissum fuit extra casus quosdam exceptos in quibus mansit jus illud 〈◊〉 When this Law was given publick Judgement was not yet constitute Therefore the natural right Law of Taliation is here held forth which when mankind was increased and divided into several Nations was justly permitted only to Judges some cases excepted in which that primaeve right did remain And if in any then in this case in question Hence Lex Rex answereth the P. Prelate essaying to prove that a Magiâ—â—racy is established in the Text denyes that Ba Adam by man must signify a Magistrate for than there was but family Government and cites 〈◊〉 of the same mind that the Magistrate is not spoken of here Though this Command afterwards was given to the Magistrate Numb 35. 30. yet in a ease of necessity we must recur to the Original Command 2. This same Command of punishing Murdering Enemies is even after the Institution of Magistrates in several cases not astricted to them but permitted to the people yea enjoyned to them As 1 Not only Magistrates but the people are Commanded to avenge themselves on their publick Enemies as the Israelites after their being insnared in the matter of Peor are Commanded to vexe the Midianites smite them because they beguiled them and brought a Plague upon them Numb 25. 17 18 and Numb 31. 2. to avenge themselves on them and for this end to arme themselves and go against them and avenge the Lord of Midian Which they executed with the slaughter of all the males So likewise are they Commanded to destroy Amalek It is true these Commands are given primarly principally to Magistrates as there to Moses and afterwards to Saul yet afterwards we find other than Magistrates upon this Moral Ground having the Call of God did execute Judgement upon them as Gidion David before they were Magistrates did avenge themselves and the Lord upon them as is before cleared It is also true that there was some holy severity then to be extended against particular Nations as such peculiar to that Dispensation which is not pleaded as imitable but the ground was Moral and the right of a peoples saving themselves by the destruction of their enemies when there is no other way for it is Natural And this is all we plead for here If people may vexe their enemies and avenge themselves against them even without publick Authority when ensnared by their Craftiness Much more may they put a stop to their insolency by cutting off their principal most pernicious Instruments in case of necessity when invaded by their Cruelty But here a people is Commanded to vexe their enemies and avenge themselves on them and accordingly Gideon David did so without publick Authority and that upon a ground which is Moral Natural Ergo 2 The execution of the punishment of Murderers is committed to the people The revenger of blood himself shall slay the Murderer what he meeteth him he shall slay him Numb 35. 19 21. So that if he met him before he got into any Refuge he might Lawfully slay him and if he did flee to any he was to be rendered up to the Avengers hands Deut. 19. 12. that the guilt of innocent blood may be put away from Israâ—l vers 23. This revenger of blood was not the Magistrate for he was the party pursuing Numb 35. 24. between whom and the Murderer the Congregation was to judge He was only the next in blood or kindred In the Original he is called Goel the redeemer or he to whom the right of redemption belongs and very properly so called both because he seeks redemption and compensation for the blood of his Brother and because he redeems the Land from blood guiltiness in which other-wise it would be involved I do not plead that this is alwayes to be imitated as neither it was alwayes practiced in Israel but If a private man in a hot pursuit of his Brothers Murderer might be his avenger before he could be brought to Judgement then much more may this power be assumed in a case of necessity when there is no Judgement to be expected by Law and when not only our Brethren have been murdered by them that profess a trade of it but others also and our selves are dayly in hazard of it which may be prevented in cutting them off I do not see what is here meerly Iudicial so as to be rejected as Iudaical for sure Murderers must be slain now as well as then and there is the same hazard of their escaping now as then Murder involves the Land in guilt now as well as then and in this case of necessity especially that Law that gives a man right to preserve himself gives him also right to be his oun avenger if he cannot otherwise defend himself 3 Not only the execution the decision of matters of life death is committed to them as in the case of Blasphemie Cursing all that heard were to lay their hands upon his head and all the Congregation was to stone him Levit. 24. 14 16. The man-slayer was to stand before the Congregation in Judgement Then the Congregation shall judge between the slayer and the avenger of blood Numb 35. 12 24. The people claimed the power of life death in seeking to execute Judgement upon those that had spoken Treason against Saul bring the men say they that we may put them to death 1 Sam. 11. 12. Especially in the case of punishing Tyrants as they did with Amaziah Certainly this is not so Judicial or Judaical as that in no case it may be imitated for That can never be abrogated altogether which in many cases is absolutely necessary but that the people without publick Authority should take the power of life death of puting a stop to the insolency of Destroyers by puting them to death is in many cases absolutely necessary for without this they cannot preserye themselves against Grassant Tyrants nor the fury of publick enemies or fire-brands within themselves in case they have no publick Authority or none but such as are on their Destroyers side 4 Not only the power of purging the Land by Divine precept is incumbent on the people that it may not lye under blood guiltiness but also the power of Reforming the Courts of Kings by taking Course with their wicked Abetters and evil Instruments is committed to them with a promise that if this be done it shall tend to the establishment of their Throne which is not only a supposition in case it be done but a supposed Precept to do it with an