did they assume to themselves any such power and authority It is true there were then a great number of Noble Patriots and renowned Nobles who laid the work of reformation to heart and laid out themselves to the utmost of their power for the same and because of their concurrence the vvork vvas the more feazible and easy to be carryed on but I think the stresse of the lawfulnesse of that defensive warre did not lye wholly upon their shoulders so that if they had with drawne all the rest of the body of the land had been bound in conscience to have deserted the same also It is true it was of great advantage unto the cause that God stirred up the spirit of the Nobles to owne the same and is so alwayes upon many accounts and their concurrence had its owne auxiliary force to justify the interprise for abundans cautela non nocet But I remember not that the lavvfulnesse of that defensive war was stated only or mainely on that particular It is true They are Primores Regni be vertue of their particular places and stations and be vertue of their eminency over others and power by reason of their eminency and so are engaged beyond others to see to the good of the Land and of Religion for the good of the souls of such as are under them and on whom they have or may have influence And be reason of this may authoritatively even as such do many things when there is no other constitution of a Supreme Representative But when a constitution of a Supreme Publick Representative is condescended upon and setled it is certane they cannot separatly yea nor joyntly act in the power and capacity of a formal Supreme Representative but when they are with others constituent members of that Representative and out of that Representative unlesse by power and commission from it they cannot act judicially or authoritatively nor in any other capacity formally then as private persones though as persons of greater interest and share in the Commonwealth and so under greater obligations both by the Lavv of God and of nature to bestirre themselves more effectually for the good of the same and as persons of greater influence and conduct yet still under the notion of private persons private persons I meane as opposite to persons cloathed vvith publick authority and Parliamentary povver I grant they are borne-Heads and Magistrats of the Countrey as being in eminency above others and as being by birth conforme to our constitution borne-Members of Parliament and so in potentiâ proximâ and in a nearer capacity then others are to vote and acte in Parliament but still I say considered out of Parliament or vvhen there is no Parliament they cannot exerce any Parliamentary povver conclude or determine any thing of that nature more then others It is a truth also that they have by reason of our law and constitution a Magistratical power limited to such and such causes over such and such particular places but that is only and inferiour and subordinat civil power and cannot extend beyond that limited bounds more then the power of Magistrates in Broughs or Sheriffs in Shires or Baylies in Baylieryes or the like and is no part of that Magistratical power which is commonly called the power of warre I grant that they and all other inferiour Magistrates are to seek to promove the good of the vvhole land and to concurre according to their povver for the same even because of their interest and share of that subordinat povver But they cannot act under that notion nor do any thing be vertue of that particular povver nor exerce any acts thereof out of the bounds of their several jurisdictions But all they do is by vertue of that fundamental power belonging to all the members of the Commonvvealth according to their several places and relations Hence therefore it it cleare that our vvorthyes then acted not as a publick judicatory or as publick persons cloathed with publick authority So that vvhosoever shall condemne this late act of defence upon the account that it vvas managed by meer private presons must also in reason condemne that which these worthies did and so conspire with the Malitious Malignants ingrained in wickednesse and enmity to the way and work of God A fourth and last instance is that of our first reformers in the dayes of Mr. Knox for at the beginning of the reformation there were but very few Nobles who concured as Mr. Knox testifyed in his sermon Nov. 7. 1559. in these words when we were a few in number in comparison of our Enemies when we had neither Earle nor Lord a few excepted to comfort us we called upon God and took him for our protector defence and only refuge And in the following words he sheweth that it fared rather better with them then worse when they wanted the concurrence of Nobles For sayeth he amongst us was heard no bragging of Multitude nor of our strength and policy we did only sob to God to have respect to the equity of our cause and to the cruel pursute of the tyrannical enemy but since that our number hath been thus multiplyed and chiefly since the Duke with his friends hath been joyned with us there was nothing heard but this Lord will bring these many hundered spears This man can perswade this countrey if this Earle be ours no man in such bounds will trouble us And thus the best of us all that before felt God's potent hand to our defence hath of late dayes put flesh to be our arme And as Mr. Knox said so it was much of their businesse was carryed on without the concurrence of many Nobles We hear of no nobles with the gentlemen of the west when they came from the border to the Queen and when Iames Chalmers of Gaitgirth said to her when they had heard that she had caused summon the protestant preachers Madam we know that this is the Malice of the jewells and of that bastard meaning the Bishop of S. Andrews that standeth by yow but we shall make a day of it They oppresse â—s and our tennants for feeding of their idle bellyes they trouble our preachers and would murther them and us Shall we suffer this any longer No Madam it shall not be Nor was there any of the Nobles present when that abhomination of carrying an idol on S. Giles day was opposed There were buy foure Nobles that subscribed the first bond at Edinburgh Decemb 3. 1557 Where the whole congregation resolved by the grace of God to apply themselves their whole power substance and lives to maintaine set forward and establish the most blessed word of God and his congregation c. So foure of five only subscribed the second bond at Perth may last 1559. We finde not many Nobles with them when they petitioned the parliament And there protested that they would worshipe God according to the right manner That none of them therefore should incurre any danger That if
upon this account any tumult should arise no crime might be imputed unto them but unto such as refused their just Demands And when they wrote that letter May 22. 1559. Wherein they said That except the cruelty were stayed they would be compelled to take the sword of just defence against all that should pursue them for the matter of Religion and that the cruel unjust and most tyrannical murther intended against Towns and Multitudes was and is the only cause of their râ—vâ—le from their accustomed obedience And when they wrote that other unto the Nobility where in they said By your fainting and extracting of your support the Enemies are encouraged thinking that they shall finde no resistence in which poynt God willing they shall be deceived for if they were Ten thousand and we but One thousand they shall not Murther the least of our brethren From all which and from the whole story of these times it is undenyably apparent that they acted for the defence of the truth and of their oppressed brethren and for the carrying on of the work of reformation for some considerable time without the concurrence and conduct of a Parliamentary Representative From all which Instances of our predecessours I would have these thing observed 1. It is remarkeable That when God was to beginne any word of reformation in our Land whether from Popery or Prelacy the powers then in being were standing in a stated opposition thereunto This is notoure both in the dayes of Mr Knox in the yeer 1639. King or Queen and Counciles were stated against it and opposeing the same what they could 2. The only wise God who is wonderful in counsel and excellent in working thought fit not to beginne with the Spirits of the Powers in being to cause them first appeare for the work but thought it more to his honour and glory to make use of foolish things to confound the wise and of weak things to confound the things that are mighty and base things and things which are despised and things which are not to bring to nought things which are It seemed good in his eyes who doth all things after the counsel of his owne will to imploy the least of the flock in that businesse according to that word Ier. 49. 20. and 50. 45. and to raise up meane and contemptible instruments that the work might more conspicuously appeare to be his and the glory thereof redound to himself alone 3. As they would have been glade had it so seemed good in the Lords eyes if the standing Representatives would have not only concurred and countenanced that work but would have according to their places led on the vaune and shewed themselves powers appoynted for God and his glory by exerceing the power which God had put into their hands for God and his interest So the want of their encouragement and conduct did not in the least brangle their confidence of the lawfulnesse of their interprize of so discourage them as to give over their work as desperate and hoplesse 4. Nor did they ever assume to themselves any authoritative and Magistratical power to legitimate their actions as if they had thought that without that formality their resolutions and motions had been condemned as unlawful in the Court of God and Nature but walked upon the ground of that fundamental right granted to all both higher and lower to maintaine the Truth of God upon all hazards and to stand to the defence thereof and of themselves when unjustly persecuted because of their adherence thereunto according to their power and as God in his providence called them thereunto 5. Nor did their adversaries objecting that their actions were treasonable and seditious as being contrare to authority and established lawes scar them from their purposes in the least having the testimony of a good conscience with in them that they had not the least purpose or project to cast off lawful authority or to diminish it's just right and power and knowing that the Powers out of whatever principle and upon whatsoever motives relinquishing their duty and opposeing that truth and way which by their places and callings they were obliged before God to maintaine preserve and promove did not loose their obligation and exeem them form that duty which God and nature had laid upon them but rather did presse them to prosecute their businesse more vigurously as seeing the necessity much more urgent and the difficulty so much the greater And knowing that whatever lawes are made in a Christian Common wealth should be for the glory of God and the good of the souls of the subjects mainly and for their external welbeing only in subordination unto these great Ends and when the observation of the strick letter of the law did crosse the maine good which principally de jure they aimed at they were eo ipso in so far null and voyd before God because it alwayes holdeth good that it is better to obey God then Man and mens commands or lawes unto which obedience cannot be yeelded without contempt of and treason committed against the Highest of all who is King of Kings are as no commands before God and disobedience unto these is no disobedience unto the lawful authority but faithful allaigance unto the most Supream 6. These poor weak beginnings how base and contemptible so ever they appeared yet God was pleased when the time to favour Zion was come so to owne countenance and prospere that the same work at length came to be owned by Publick Representatives and Parliaments yea and the Kings themselves were brought to a publick owneing and approving of the same And who knoweth but if God had thought good to blesse this late act with successe it might have been followed with the like consequent But his time was not come 7. It is also observable That whatever disaster or disappoyntment they did meet with in prosecution of the Reformation and in the preservation and defence of themselves in the owneing of the truth of God though it put them to mourne for their iniquities before God and to acknowledge among other sinnes their too much relying upon the arme of flesh and not resting with a pure faith on his power and protection yet it never made them question their call or suspect the lawfulnesse of their work and businesse as to its substance and end for they knew well that the work was the Lord's and that their call was divine though for his owne holy ends that they might be more humbled and taught do depend with a single heart on his word and promise and to purge out such evills as provoked the eyes of God's jealousy he suffered them to fall 8. When the work came at length to be owned by Parliaments and Higher Powers what was formerly done by persons not in that capacity was not condemned either as unlawful or illegal nor did the valient actors stand in need of any indempnity as if they had been transgressours but all was
the Nobility sworne and borne Councellors of the same And also NB to the Barons and People whose votes and consents are to be required in all great and weighty matters of the Common-wealth which if they do not they declare themselves criminal with their misled Princes and so subject to the same vengeance of God which they deserve for that they pollute the seate of justice and do as it were make God author of iniquity Thus we see this late practice is not without laudable and approved procedents nor vvanteth it the approbation of the valient vvorthyes of our land vvho if they vvere living this day vvould set to their seal to this truth and be ready to seal it vvith their blood and the testimony of one Mr. Knox is more to be valued then the contrare assertions of all the perfidious Prelates in Britane and of all their underlings yea then of all the time-serving and men-pleasing court parasites vvho first have debauched their consciences into a stupide silence and their judgment into the atheists beleef that there is no God and then devouted soul body religion and all unto the lust os a sinful creature CAP. V. Of the Peoples power in erecting Governours and several Arguments thence deduced WE shall willingly grant vvith the Surveyer Pag. 1. That God hath made man a Rational creature and fit for society And that God hath appoynted besides oeconomical societyes the coalition of people into greater bodyes consisting of many familyes under one kinde of government and political head for their mutual good in their necessities and for protection of the whole body and every Member thereof That Magistracy is God's ordinance he having appoynted Superiour Heads and Governours to rule these bodyes that they might be preserved from ruine and destruction And that the hath put this instinct and dictate of reason into all so that even barbarous people are led together into such politick associations under their Governours for their subsistence in general for the mutual help one of another and for the protection of the weaker against the injuries of the stronger And therefore we willingly say with worthy Calvin Lib 4. Inst c. 20 § 4. That Nulli jam dubium esse debet quin civilis potestas vocatio sit non modo coram Deo sancta legitima sed sacerrima etiam in tota mortalium vita longe omnium honestissima Yet as to the right understanding of the peoples interest in the constitution and erection of civil Government and of civil Governours unto whom they subject themselves we would have those Particulars considered 1. It will be readily granted that there was a time when such people as are now imbodyed in a politick state were not so imbodyed but were either living separatly in a wandering condition or by providence cast together in one place and cohabiteing together and throw processe of time increaseing in number and filling that place of ground with their posterity and issue in which condition living without any established civil order common to all every one saw to his owne matters the best he could and governed these according to his best advantage having no other law to square his actions by then the moral law or law of nature 2 Among this multitude or company while in this condition there was none who by birth or any other lawful clame could challenge to himself any civill dominion power or authority over the rest or could exercise any Magistratical power whether by makeing civil lawes or by executing the same I speake here of a civile power for I deny not but in that condition parents had power over their children husbands over their wives masters over their servants and in some respect the Elder might have had some power over the younger the more strong and power full over the more weak the wiser over the more foolish and ignorant and upon that account a sort of natural preheminence but this neither did nor could intitâ—e them unto a civil superiority an civil Magistracy over these farr lesse over all the rest I grant that even in that state of affaires Some being endued of God with gifts and qualifications beyond others and so more fitted for Government then others who wanted those advantages might look liker the persons whom they ought to pitch upon and call for that work but notwithstanding of these enduements and abilityes They could not upon that sole ground lay clame unto Soveraignity and assume unto themselves a civil power and jurisdiction over the rest so that as to any actual and formal right unto Magistracy and supream government all are by nature alike though not alike qualified thereunto and so not in alike neare capacity for reception thereof This I suppose will not need proof since I am here speaking of the first and most undoubtedly lawful and ordinary constitutions of Commonwealthes and abstracting from that question What Magistratical power he may have and assume to himself who transporteth and erecteth colonies as also from that question what title or right to government pure conquest by armes or a lawful conquest upon a lawful warre may give as being of no affinity with our case though this Surveyor be pleased now to account us little better then a conquest of which afterward 3. When a multitude in this condition do associat together and considering through the instinct of nature how necessary it is that some way be condescended upon for the common saifty and preservation of the whole body from forraigne adversaries and intestine divisions and for the saifty and preservation of every one in particular from mutual injuries and acts of injustice do think of establishing some civil government and governours we cannot rationally suppose that they goe about such a businesse of moment rashly brutishly inconsiderately and irrationally If reason teach them that a government must be erected for their wel being and move them to think of falling about it we cannot rationally suppose them to acte in this matter irrationally They being rational creatures not a company of brutes and through the instinct of reason taught that this was a businesse both necessary and of great concernment cannot but be supposed to act rationally in this matter 4. It will not need much disput to prove that by this constitution of a Policy and of Politick Governours they should not be redacted unto a worse condition then that was into which they were before the constitution was condescended upon farr lesse can it be supposed that by this change they enjoy no more the common privilege of rational creatures but degenerate into beasts or are depressed into a condition equal unto if not worse then that of beasts Sure it must be granted that they remaine Rational creatures and that Rational Creatures would never rationally yeeld unto such a change as should deteriorate their condition let be brutify them or make them rather choose to be beasts And that such a change into a civil state if
named and chosen by the People And this constituting of him Soveraigne must be by compact and contract betwixt him and them for such mutual relations as are betwixt Prince and People can arise from no other act then a compact unlesse they say it ariseth from a free donation but then they must grant that the whole power cometh from the People and was theirs before and might be given out by them or not as they thought fit for no law can constraine a man to give a gift further if it was from them by free gift the very nature and end of that Donation puts it beyond debate that it was upon some valueable consideration of which when frustrated they might recal their donation and so still it will be a virtual compact But now it being by a real comapct and formal either explicite or implicite that this man and not that man is made Soveraigne There must be some conditions on which this mutual compact standeth for a compact cannot be vvithout conditions 2. We shevv that in this Act of constituting a Government ad Governours the People acted rationally and carryed themselves in this businesse not as irrational brutes but as rational men and if so hovv is it imaginable that they vvould set any over them vvith an illi mited povver vvithout any tearmes and conditions to be condescended unto by him Would rational men acting deliberatly about a matter of such moment and consequence not to themselves alone but to their posterity in after ages set a Soveraigne over them vvithout any limitations conditions or restrictions so as they might rob spoile plunder murther deflore do acts of injustice and oppression and act tyranny as they pleased 3. We shew that in this matter the People had certane real good and necessary Ends before them now can it enter into the heart of any man to think that Rational men acting rationally laying downe wayes for attaineing good aud necessary Ends would set a Prince over themselves without any conditions or restrictions since otherwise they could not rationally expect that the meane which they had condescended upon could ever attaine the End For every one of them might saifly have judged of the Prince by themselves and seing they might have found in themselves an inclination to domineer to oppresse and tyrannize over others they might rationally have concluded that the Prince was and would be but a Man of the same passions and infirmities with themselves and so as ready if not more to deborde and to do wrong therefore unlesse they had made him Soveraigne upon tearmes and conditions they could not have expected that their chooseing of him could have been a meane fitted and accommodated for attaining the Ends proposed A Soveraigne left at liberty to tyrannyze to oppresse and to destroy the Subject is no fit meane to procure their welfare either in soul or body or to set forward the glory of God 4. We shew that their condition after the constitution was not to be worse then it was before the constitution But if they had set up a Soveraigne without any conditions their condition could not but be worse and rational men could not but for see that their condition would of necessity be worse for to set up a Soveraigne without conditions is to set up a Tyrant since if they do not limite him to termes and conditions they give him leave to Rule as he listeth and his will must be to them for a law and what is that but to set up a Tyrant and if a Tyrant be set up over a People shall not their condition in that case be worse then when they were at liberty to manage their owne matters as they could best Moreover this may be cleared from other reasons as 1. In all other relations which arise from mutual consent and compact there are alwayes tearmes conditions on which the contract or compact is concluded as in the contract betwixt Man and Wife Master and Servant Tutor Pupil Master Scholer the like Here alwayes are presupposed tearms conditions on which the compact the only fundation of these relations is founded for no Man marryeth a wife but upon condition she carry as a dutyfull wife and no woman maryeth a Husband but upon the like tearmes So a Master indenteth with his Servant and his Servant bindeth himself to him upon tearmes The Tutor is under obligations to his Pupil and if he break such or such conditions he loseth his benefite and moreover is answerable as law wil. So is the Master obliged to performe such and such conditions unto his Scholer So are there conditions betwixt the Lord and his Vassals and betwixt Pastor and People 2. This will be cleare from the Nature of that power and authority which the Soveraigne hath over the Subjects of which afterward 3. It is against Nature to set up any Tyrant or one who is free from all conditions for that were upon the matter to set up a Waster an Enemy to the Commonwealth a bloody Tyger or Lyon to destroy all see Althus Pol c. 19. n 33. 35. 36. 37. 4. To imagine a King free of conditions unto his Subjects is to put them in among bona fortunae and to say they are as the King's gold his sheep his oxen his lands and revenues unto which he standeth no way obliged 5. If a People should set a Soveraigne over them without conditions they should sin against the Law of God which vvill have such and such dutyes performed by them vvho are Soveraignes and they by setting up Soveraignes vvithout these limitations should say such and such shall be our Soveraignes contrare to the limitations of God's Law 6. This is confirmed by the practice of all Nations where a free People set up Soveraignes It is alwayes upon tearmes and conditions They Persians as Xenophon lib. 8. Cyri Paed. tell us did thus Covenante with Cyrus that he should send aide to them out of his owne Countrey if any should warre against them or violate their lawes and they againe did promise that they should helpe him if any would not obey him defending his Countrey and therefore Xenophon calleth this contract or compact 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the Spartan King as the same Xenophon tells us de Rep. Laced did every Moneth Renew their oath unto the Ephori promised to governe them according to the lawes of the land the Ephori upon the other hand promised to Establish the Kingdom in their hands We reade of a compact betwixt Romulus and the people of Rome Dionis Halicarn Lib. 1. betwixt the Senate the Caesars Idem Lib. 2. It is notoure enough that the Emperour when he is chosen agrieth unto tearmes and conditions and also the King of Poland and historyes tells us what conditions are made betwixt King and People at the coronation of Kings in England France Boheme Spaine Portugal Sweden Denmark c. 7. The practice of our owne Kingdome
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
84. Where all these are abundantly confirmed Now it is not our to all who consider either what they did or what was enacted by them and stands registrated to all generations how the late Convention which hardly can be accounted a lawful Parliament not only came short of their duty in these particulars but stired a direct contrary course as we shall shew in a few words For 1. So far were they from maintaining that compact and Covenant which was betwixt the King and the People That they declared these Covenants and engagements null declared the very Parliament and committees that called him home and crowned him null condemned the very transactions that were had with the King before he came home 2. So far were they from keeping the Prince within his bounds and limites That they screwed up his prerogatives to the highest peg imaginable and did investe him with such an absolute unlimited and infinite power that he might do what he pleased without controle 3. So far were they from hindering him from transgressing the lawes of God That they concurred with him to enact lawes diametrically opposite to the Law of God to condemne and overturne the work of God To set up an abjured prealcy and force conformity thereunto beside other acts which they made to hinder the course of justice 4. So far were they from hindering him from violating the wholesome well setled and established lawes of the land that they concurred with him to overturne these to the great losse and detriment of the Nation 5. So far were they from preserving the rights of the Kingdome That they made a voluntary and base surrender of these unto the pleasure and arbitrement of the Prince in annexing to the crowne The sole choise and appoyntment of the officers of State and privy Councellers and the nomination of the Lords of Session in dischargeing all meetings Councels conventions or assemblies of the People without the King's command or expresse license In giving away to him as his right the sole power of raiseing the Subjects in armes of commanding ordering disbanding and otherwise disposeing of them And of all strengths forts or garrisons within the Kingdome all which politicians will grant to be the proper native rights of the Kingdome 6. So far were they from hindering the execution of his unjust decrees and mandates that whatsoever he pleased to command was by them imbraced yea and fortified strengthened and corroborated and put into a standing law how dishonourable so ever it was to God how repugnant to equity and reason and how noxious soever it might prove to the Nation 7. So far were they from desending the Libertyes and Privileges of the People that they basely gave them away by denying them to have any power to defend themselves against manifest oppression or power to call Parliaments or other meetings for their advantage in cases of necessity by giving away to the King yeerly fourty Thousand pound Sterline to the impoverishing of the Nation and redacting it to slavery And by Tendering unto him all the lives and fortunes of the subjects to maintaine his interest and offering Twenty Thousand foot men and two Thousand horsemen sufficiently armed and furnished with fourty dayes provision to be in readinesse as they shall be called for by his Majesty to march to any part of his three dominions for any service wherein his Majesties honour authority or greatnesse might be concerned Which how ever it may be coloured with specious pretexts yet al circumstances considered was nothing but a real mancipation of the liberties of the People unto the will and pleasure of a Prince 8. And so far were they from calling the King to any account and from impedeing Tyranny that in effect they declared the King exempted from all such tryal or examination and that he might exerce what tyranny and oppression he pleased without controle For they gave unto him absolute and unlimited power over all persones and in all causes They declared him to have absolute power to call hold prorogue and dissolve Parliaments and Conventions and Meetings of the Estates And That no acts sentences or statutes to be past in any of these meetings can be binding or have the authority and force of lawes without his authority and approbation interponed at the very making thereof 2. It is notour to all who read their acts How they have enacted and concluded things most unlawful and unjust repugnant to the Law of God and right reason Condemning Solemne Covenants sworne by all rankes of People in the land in the most solemne manner introduceing abjured Prelates Establishing tyranny in the Church condemning and razeing to the fundation the Covenanted work of God enjoyning a conformity unto corrupt courses pressing perjury and Apostasy by forceing all in publick places and others to subscribe declarations and oathes contrary to their former sacred and inviolable Covenants and oathes made to God 3. By confirming ratifying and approveing these courses of Apostasy and defection and establishing these into lawes and binding and forceing the People unto obedience by their irrational and insupportable penalties annexed They have laid downe a constant course for tyranny and oppression of the People in Estates bodyes and consciences without all hope of remedy or redresse 4. As Parliaments with us are not constant and fixed courts but ambulatory and occasional so they have laid downe a course that we shall never have a Parliament that shall redresse the wrongs injuries oppressions and tyranny of Princes or heare the just grievances of the Subjects For when the Prince oppresseth the People and turneth a Nero and a Caligula there shall be no remedy because they have given him absolute power to call Parliaments and who can expect he will call a Parliament in that case or if he do call he hath absolute power to raise them and dismisse them when he will and is it probable that he will suffer them to sit when they are doing any thing against him Or if he should suffer them to sit what can they do None of their sentences or acts have power unlesse he will add his authority and will he ratify or approve any thing that is against himself and his tyrannous will Beside that they have denuded themselves of all power of suppressing tyranny by declareing his power so absolute and infinite as that no bounds can be set unto it no power can suppresse his tyranny or call him to an account 5. Not only have they laid downe a course that we shall have no Parliament to interpose for the relief of the People to suppresse Tyranny But also they have laid downe a course that there should be no Magistrats in shires or brughs that should help according to their power and place the oppressed and grieved Subject and concurre for their relief Because all such ere they be admitted to their places must conforme unto this abhominable course of defection and by subscribeing declarations Binding themselves by oaths
And what if his adversaries say and prove also that the King of Britane is not such a King as he accounts truly so His saying that the King of Britane is absolute will note prove that he is so and will be found but a weak defence for his life if he be not able to prove him above all judgement and punishment which we have not yet seen and dispaire to see done 2. These words 1. Pet. 2 ver 13. may be as well rendered The King as supereminent and can import no more but one who had a supreme or supereminent place in the administration of government notwithstanding whereof he might be was accountable to the Senat of Rome for learned politicians and lawyers prove that the supreame power of government was in the Senate even at this time which clearly appeared in their judging and condemning Nero and other impious and tyrannical Emperours So that even hence we see that one may be supreame in order of civil government and yet both judgeable and punishable 3. His adversaries will not much care how he call that government Royal or not and whether he call the government of Britane Royal or not Names in these matters and titles which goe much by fashion or fancy are but weak arguments and he will never be able to stop the mouth of his adversaries who would plead for calling King Charles to account and for judging him and punishing him by saying he is a King and the government is a Royal government they would account these but thinne wals and uselesse cloaks of fig leaves to preserve and defend intolerable tyranny Hath this man no better arguments then thise wherewith to defend his Majestie 's Royal life and person Or hath the King no better advocate to defend his cause But it may be this profound Statist will speak more nervously in the following observations Therefore Let us hear what he sayes in the 2 place It is certane sayes he no man can be judged or punished but by his owne judge who is above him and hath authority over him by lawful commission from God or from men authorized by God to give such commission now who shall be judge to these invested with Soveraigne Majesty seing Every soul under them is commanded to be subject to them Rom. 13 ver 1. and seing the Supreame Power of the sword is committed unto them and not to others but by deputation and in dependence upon them in a true Monarchy there must be an exemption and impunity as to subjects of the person invested with Soveraignity and Majesty God's Law Natures Light and sound reason are all for this that such as are invested with Soveraigne Majesty having the legislative power the jurisdictional power the coërcive and punitive power originally in himself must enjoy exemption and impunity as to subjects actings against them the contrary tenet overthrowes the order of God And Nature and precipitates humane societies in a gulf of endlesse confusions Answ 1. Here is enough to satisfy his adversaries For 1. They will tell him that he hath not yet proved the government of Britane a true Monarchy in his sense and so he but begs the thing in question here 2. They will tell him that the King hath not the sole legislative power nor sole jurisdictional power nor sole cöercive and punitive power far lesse all these solely and originally in himself And it is but to such Soveraignes that he pleads for this exemption impunity Doth not his Advocat deserve a singular reward who pleadeth his Master's cause so dexterously by proving an uncertanty by that which is more uncertane founding all upon his bare word A noble champion forsooth or rather a Monster whose word must be a law an irrefragable reason too Thus it seems what ever power he give to the King there is the Dictators power that the thinks is solely in himself and that originally but for all this he hath one disadvantage that he is of little authority and of as little credite with sober rational persons 2. He will grant that such Monarchies as he accounts only true are not every where no not where there are persons called Kings and Emperours How cometh it then that the order of God and nature is not overthrowne in these Dominions and Republicks and that their Societyes are not precipitated into a gulf of endlesse confusions Shall nothing preserve the order of God and nature but that which is the most ready mean to destroy it viz. an uncontrollable power in one Tyrant to destroy all his Kingdome Man Wife and Childe 3. Politicians will tell him that the Ephori the Parliament are his judges and that the People who by a lawful commission from God made him King and authorized him are above him and have authority over him in case he turne a Tyrant and pervert the ends of government 4. Though it be requisite there be an ordinary standing judge to cognosce of controversies which fall out betwixt one private person and another yet it is not alwayes necessary there be one condescended on to judge betvvixt the Soveraigne and the People vvhen the controversy falleth out betvvixt them more then that there should be a standing ordinary judge to decide controversies falling out betvvixt tvvo distinct and independent Kingdomes 5. What commission from Man authorized by God had the high Priest and such as joyned vvith him vvhen they deposed and killed Athaliah if he say she was an usurper True yet she possessed the place six years peacably without molestation and who was judge whether she was an usurper or not Had the matter been referred to her she would have been as far from calling herselfe an usurper as a Tyrant now will be from judging himself a Tyrant And so as in this case the Tyrant sine titulo had a judge above her though she was invested with Soveraigne Majesty so in the other case The Tyrant exercitio though invested with Soveraigne Majesty hath a judge above him 6. The place Rom. 13. is to be understood as was shewed above of inferiour Magistrates as well as of the supreame And it sayes of all in authority that such as are under them should be subject unto them In so far as they are subjects unto them so in poynt of administration of justice according to equity all are subject to the supreame or supereminent governour but when he becometh a Tyrant he becometh subject unto them who gave him that power and set him up under God 7. He insinuats that inferiour Magistrates are not essential Magistrates but deputation from and in dependence upon the King But Lex Rex Quest 20. hath by many cleare and unanswereable arguments evinced the contrary In the third place he citeth some sentences of Tertullian calling the Emperours second unto God and above all men and only subject unto God Of Optatus saying that none are above them but God And of Ierom speaking of Psal 51. against thee thee only have
the civil Magistrates Sure when he said and elswhere proved that the Estates of the Realme were above the King he fully agreed with these authors touching the meaning of that place so that that Surveyer might have spared his paines in reciteing their words for he sayes nothing against what either Pareus Pet. Martyr Musculus Bezelius Diodate or the Chaldee Paraphrase say Let us hear how he applyeth this to the purpose But sayes he if the persons invested with Supreme power of the sword abuseing their power become guilty of shedding innocent hlood who in that society where of they are heads shall judge or punish them who is superiour over the supreme to punish him It is inexplicable how any in whom the Soveraigne Majesty Magistratical power resides should according to order be punished by subjects Answ This is the knot of all but it is nothing else than what we have heard againe and againe and hath been spoken to already But yet because it is to him inexplicable and a Gordian Knot let us see if we can loose it without Alexander's sword He will grant or if he will not but retract what he hath elswhere granted speaking of a legal resistence all the lawyers in Scotland will grant it that if any in the King's name shall seek to dispossesse a Man of his inheritance the man may defend his right by law and the King by his advocate must pleade his cause before the ordinary judges and these ordinary judges must judge righteous judgment according to law and give out a decreet in favours of the subject against the King and so condemne the King of injury and oppression intended against the subject Now who but the ordinary judges in civil Matters are judge here to the Supreme yet these judges in another respect are but subjects doth he not now see how such as are meer subjects in one respect may judge and punish him who is invested with Soveraigne Majesty and Magistratical power and so in another respect are above him And what if I say that as in civil Matters the ordinary judges may judge the King so the justice general or his deputy constitute ordinare judges in criminals or capitals may iudge him when he committeth a capital crime let him or any Man else shew me a reason why the one should be and the other may not be in poynt of conscience But if we speak of a Parliament the Representatives of the People the case is so cleare that there is no difficulty for that is a judge alwayes above him and so even according to his limitations if the King shed innocent blood by them may his blood be shed Then Pag. 81. he sayes When the Apostle Rom. 13. sayes let every soul be subject to Superiour powers that every soul doth not comprehend the supreme power it self for how can the Man invested with it be subject to a superiour power but it is meant that every soul under the superiour power or supreme should be subject to it Answ Yet againe the same thing which we heard before Is he not able to understand this how one who is supreme in one respect may be inferiour in another respect The father hath a Supreme paternal power over the Son yet the sone being a judge or Prince may be over him as David was over Iesse and Saul over Kish But sayes he Let men as they will indulge themselves in their seditious Notions they must at last sist in some supreame power on Earth which is not judge able or punishable by any Answ Be it so what hath he gained for the King his Master Must either he be the supreme power on earth which is not judgeable or punishable by any or must there be none His adversaries will soon deny the consequence And he let him indulge himself in his Tyrannical Notions as much as he will shall never be able to confirme it How then shall he defend the sacred person and life of the King What sayeth he further If soveraigne Majesty be placed in Parliament or People who may be guilty of shedding innocent blood as well as the King who shall shed their blood when they transgresse Shall this be reserved to the sounder and smaller part of the People as this Man speaks Pag. 240. then there is ground enough laid for Eternal confusion Answ The Surveyer either subtilly or ignorantly confounds things here which should be considered distinctly and leadeth his unwarry reader off the way Wherefore we would have the Reader though all this is nothing to the purpose in hand to prove the King uncontrollable or unpunishable and unjudgeable for any of his acts take notice of these few things which will help to cleare the matter 1. That there is a not-judgeablenesse to speakso and not-punisheablenesse de facto which may be said of some notorious rebels and out-Lawes whom neither Law nor power of authority can cöerce and there is a non-punishablenesse and non-judgeablenesse de â—ure when one is exeemed from Law-judgment and Law-sentence so that he is above all tryal and sentence of Magistrates Cases may fall out wherein such as are punishable judgeable de Iure according to an ordinary way laid downe or allowed by God may notwithstanding be unpunishable and not-judgeable de facto either through corruption prevailing over all or prevalency of power in the punishable person or persons And this though in an ordinary way irremediable yet speaks not against the Ordinance and appoyntment of God and Nature 2. That there is a difference betwixt personal faults of Governours or such as are invested with authority and power as was that act of Murther and Adultery in David and publick miscarriages in poynt of governm in exerceing the power wherewith they are invested of personal faults speaketh Lex Rex in the place now under consideration and upon this have we vindicated that worthy Author from vvhat this perverter of all things hath said But here he mixeth these and confoundeth them that according to his vvay he may pervert the truth 3. There is a difference betvvixt simple acts of male-administration in lesser matters and betvvixt such acts of male-administration as pervert the ends of government 4. There is a difference betwixt palpable cleare and undenyable miscarriages and betvvixt such as are not so cleare nor unquestionable 5. There is a difference to be made betvvixt ordinary standing cases and an extraordinary emergent in an extraordinary case vvhile the disease is desperate a desperat-like and extraordinary remedy may be used without overturning the ordinary way which is to be used in ordinary cases These things will help us to nnravel his confused discourse And so we Answere 1. If Parliament-members or privat persons among the People shed innocent blood it is no difficulty to know who should judge them 2. If a Parliament as the Peoples Representatives Murder the innocent I see not why they may not be called to an account by a posterior Parliament as
law and under the gospel not onely at home but also abroad When Naphtali said That it was a cleare beging of the question to suppose that the late riseing vvas only in pretence of Religion This Surveyer answereth That it is a very poor quirck And why so He should know sayes he that in ordinary language a thing is said to be done under pretence of another whether the pretension be yet dubious or under controversy or whether it be falsely made or trely Answ Such language as this may be ordinary with him it may be and his complices that corrupt fraternity with whom pretences are real and real things are pretences but sure to all such as understand plaine language this queree did praesuppose that the riseing was not really but in pretence for Religion Did ever these in power make it out or offer to make it out that it vvas not really for Religion Naphtali said more over That the Queree it self seemed to imply aud grant That for subjects to rise in armes really for the defence of Religion against the invasion of the powers under the pretence of lawful authority is both lawful and laudable This sayes the Surveyer is as vaine a quirck How so for sayes he let it be so that the objection was meaned only of riseing upon meer pretences of Religion will this inferre that therefore there might be a riseing upon real intentions for Religion against the Magistrate Answ Sure to all of common sense it sayes that the proposers of the objection did yeeld so much having hinted nothing to the contrary Did they say giving but not granting it lawful to Subjects to rise in armes really in defence of Religion c. Why then might it not have been taken for granted that the objecters durst not condemne this especially seing the maine stresse did lye upon that supposed pretence Ay but he tels us That he affirmeth That upon neither of the two insurrection against the Magistrate is lawful and that these people did not rise really for Religion but to maintaine themselves in the course of atheistical contempt of Religion and God's ordinances to pull down all authorities in the â—and as their advocat prâ—fesses and justifies their so dâ—ing and to destroy these in their innocency whom they had appoynted to death Answ His affirmations and assertions are but weak and beggarly proofs though he strengthen them with manifest and notorious lies And whether there be a truth in what he here affirmeth or not we leave the Reader to judge when he hath read and considered what we have said in the following vindication Next Some texts of Scripture vvere objected as 1. that 1 Sam. 15 ver 25. Rebellion is as the sin of witchcraft To which sayes Naphtali Pag. 156. One of themselves did roundly and clearely answere that the sentence being spoken by the Prophet to the King because of his disobedience and contempt of the command of God and not to Subjects would sooner conclude his accusers then himself to be a rebel This the Surveyer Pag. 264. calleth a very poor answer And yet so pertinent and plump that it stopped the mouth of the accusers filled their faces with shame But why was it such a poor answere For albeit sayes he that high rebellion immediatly againsi God be principally meaned yet the soveraigne Magistrate being the Lord's deputy and bearing the image of his Soveraignity upon Earth whom he commands to reverence and obey and of whom he hath said yee are Gods Psal 82. the despiser of the Soveraigne Magistrate a rebel against him doing his duty is a rebel against God Answ Those words Doing his duty were very well added But sure when such are rebelling against God enacting things diametrically opposite to his law and testimony persecuting the Subjects because of their adherence to the lawes of God to their vowes and Covenants and by force cruelty overturning the covenanted Religion destroying the interests of Christ the true and lawful liberties of the people and the common good they are not doing their duty nor carrying themselves as the deputies of God bearing the image of his Soveraignity but rather as manifest and avowed Rebels to God And therefore what ever can be said from this place to prove it rebellion and as the sin of witchcraft for subjects to despise the Soveraigne Magistrate and to rebel against him doing his duty neither from this place nor any other can it be demonstrate that the late Risers vvere guilty of Rebellion Did not the author of Naphtali tell him 2. That riseing up against authority it self the Ordinance of God and disobeying the powers therewith vested standing and acting in their right line of subordination is indeed rebellion and as the sin of witchcraft but to resist and rise up against persons abuseing sacred authority and rebelling against God the Supream is rather to adhere to God as our liege Lord to vindicate both our selves his abused ordinance from mans wickednesse and tyranny What meaned he then to say the same thing which Naphtaly had said Is this to answere his adversary And not rather to yeeld the cause Ay but left we should take these words doing his duty as importing any confession He addeth Yea suppose we are never to follow the Magistrate when his commands are contrary to God for that were to leave our lineâ— of subordination to God yet when he swerves and goes out of his line to take the sword against him is but to study to cure his sin by our owne And because the King one way leaveth his line of subordination to God therefore to leape out of our owne line in that subordination in another way Answ This Man speaketh contradictions when he maketh a supposition that we are not to follow the Magistrate when his commands are contrary to God and yet sayeth if we do follow we leave our line of subordination to God We see what the Man's Spirit would have carryed him to if he durst have vented it But how proveth he that this is our sin or a leaping out of our line of subordination to resist tyranny and men abuseing their authority to the subversion of Religion libertyes and the common good of the Subject we have proved the contrary and answered all which he or his collegue the author of the former part hath said and shall be ready to say more when any nevv ground is given The next passage of Scripture which was objected was Mat. 26 52. To which said Naphtaly it was sufficiently answered without any reply by one of these impeached whom they accounted distracted though without the least appearance of impertinency by opponeing Luke 22 36. What now fayeth the Railing pamphleter Certanely sayes he This libeller seemeth not to be far from some measure of distraction while he alloweth the distracted man's answer as sufficient Who of sound judgment will think that a scripture is sufficiently answered by produceing another which seemeth contradictory thereto
This is not to solve an argument from scripture 〈◊〉 to set the Scriptures by the eares together Answ Naphtaly did not â—â—ok upon that man as nor yet say that he was distracted and sure his answere being so apposite and pertinent as that it did confound the objecters so as they had not what to reply might have more then sufficiently convinced them of their errour seing thereby they might have perceived that when they little regairded the solid and unanswerable confutations which God suggested to such as they could not but suppose both wise and sober God would prompt one whom they accounted distracted to give such a rational solide and binding ansvvere as all their vvit learning could not frame a reply unto It seemeth if this Surveyer had been rideing on Balaam's asse he vvould have been more furious and mad after the revvard then vvas that vvicked vvretch and vvould have thought himself more brutish then the asse to hearken to vvhat the Lord did put in the mouth of the asse to say by way of rebuke Thinks he that no man of sound judgment vvill think a scripture sufficiently ansvvered by produceing another And that this is but to set the scripture by the eares Then it seemeth vvith him no man of a sound judgment must think that our Lord Jesus did sufficiently ansvvere that passage of Scripture vvhich Satan abused by adduceing another Mat. 4. But that Christ did nothing but set the scriptures by the eares is this far from blasphemy I vvonder vvhere vvas the devils vvit that he had not this reply to make unto Christ's ansvver vvhich this Surveyer here maketh It seemeth our Surveyer can easily out-vvit the devil himself and declare himself better vvorthy of the chaire But enough of this here seing it is obviated Chap XVII Obj. 15. The author of Naphtali did further give these ansvvers 1. That from the place it self all the Euangelists it is most evident that that command was given and these words spoken by our Lord only for to testify his voluntare submission unto the fathers will by laying down of his life for fulfilling the Scripture as is clear From Math. 26. ver 54. and Joh. 18 11. Otherwise the context being considered that notonly in Luke 22 36. cited He forewarning his disciples of hazard to come adviseth them to provide swords and weapons And Mat. 26. asserts his power to have called 12 Legions of angels to his assistance which clearly implyes the lawfulnesse thereof this Scripture objected doth more confirme then impugne the lawfulnesse of defensive armes What sayeth our Surveyer to this He sayes 1. That passage Luke 22 36. is perverted by him Why so Because Beza Diodat and Iansenius acknowledge that speach to be wholly allegorick And then addeth that in very dead it cannot sustaine that Christ should here enjoyn them to buy swords of outward mettal seing it was not Christ's minde that at that time they should use such swords no not in defence of his owne person would he have them sell their cloaths to buy swords and then not use them Answ Though we have obviated this reply in the place cited Chap. XVII and fully vindicated our argument from this passage Chap. XII Arg. 13. beginning Pag. 260. Yet we shall adde this that sure Christ's Disciples tooke him to be speaking of vveapons svvords of outward mettal when they said to him here are two and as sure it is that Christ's reply saying it is enough hinteth at no spiritual armour othervvise vve must say that his Disciples at this time vvere sufficiently fortified against all Spiritual vvars and combats and yet after experience proveth the contrary And no lesse sure is it that if Christ had here meaned Spiritual armour he vvould have been loath to have left his Disciples in such a mistake vvhich vvas of so great concernement for all time comeing novv especially vvhen he vvas shorthly to be taken from them And vvhere do vve finde him rectifying this mistake of the Disciples or saying That he meaned no such svvords his saying it is enough Importeth some other thing as is said Againe if this speech be wholly allegorick what way will they expone these words But now he that hath a purse let him take it and likewise his Scripe But as we see no ground for an allegroy here so we may not expone Scripture by allegories when we please all know how dangerous it is to do so without clear warrand And as for this Surveyer's reason added it is of no weight to force us to accept of such an interpretation for though it was not our Lords minde that they should use those swords further at that time yet he might have taught the lawfulnesse of self defence in other cases where there was no positive command to the contrary by thus saying unto them He that hath no sword let him sell his garment and buy one Since he had not made use of such forcible defence before to have showne them the lawfulnesse thereof as he did of flight which also at this time he would not make use of and that they might see how voluntaryly and of his owne accord he laid downe his life in obedience to the command which he had received of his Father who would not make use even of that meane which he had declared lawful by adviseing them to provide swords Againe the Surveyer replyeth The question is now anent the lawfulnesse of privat mens useing defensive arms against all Magistrats without any shadow of authority And to prove this he alledges that God by his absolute power might send 12. Legions of Angels to help Christ God hath authority above all authorities in the World and he may imploy Angels or Men as â—hse pleaseth and then they have a good warrand and authority But what makes this for any privat Mens useing the sword against the Magistrate without authority either from God or Men It is wonder us reasoning from Gods absolute power the efficacy of Christ's prayer to argue the lawfulnesse of privat Mens resistence of the lawful Magistrate without any warrand from God Answ This is to us no strange way of replying seing we have met with the like so often before No Man sayeth let be undertaketh to prove whether by this or any other argument that it is lawful for privat persons yea or for Kings and all in authority to resist whether lawful Magistrats or others without a warrand from God What a non-sensical contradictory conclusion should this be But this we say That it is not in every case unlawful nor wanteth it a warrand from God even for privat Subjects to defend themselves from the Tyranny of those in power by forcible resistence notwithstanding that Christ would not suffer his followers to make use thereof in his case which was singular And among other things his saying that he could obtaine by prayer of the Father 12 Legions of Angels for his succour doth confirme it For if he might
not make use of mens help neither might he seek the help of Angels So that we argue not from God's absolute power but from Christ's professing he might if he would obtaine the help of Angels we show that in itself abstract from a particular positive command to the contrary it was not unlawful for the Disciples to defend themselves and their Master nor for Christ to make use of their help as it was not in itself unlawful to make use of the help of Angels Which yet in that case he would not do 3 He replyeth Albeit one part of our Lords designe is to testify his willing submission to the pleasure of his Father yet that is not all for any occasion of this prohibition to Peter he giveth a general rule to all his Disciples being privat Men and to all private Men that they should not take the sword God not giving them Authoritie Answ If he meane by Authority publick Magistratical authority He but begs the question and if he meane a lawful warrand we grant all For though privat persons have not the Magistratical power of the sword yet we have sufficiently proved that they have a warrand in cases of necessity to make use of the sword of defence or resistence in their owne defence And Christ's Word speaks nothing against this And if he should say That Christ's sentence being general admits of no such exception I would gladely know how he will salve the lawfulnesse of publick persons taking the sword for Christ speaks in general to his Disciples He who taketh the sword shall perish by the sword and I suppose he will not exclude Kings Magistrats from the roll of Christ's Disciples If he say he meaneth all these unto whom God giveth no authority Magistratical How shall he prove this If he say he speaketh to his Disciples who were private Persons True but it is as true That he speaketh to his Disciples who were Ministers Ergo shall it concerne only Ministers And that he speaketh to his Disciples who were Christians Ergo it must also concerne all Christians Magistrats as well as others Thus we see his evasions are naught And the true meaning is that all such as make use of the sword without God's warrand which the Disciples now wanted having God's minde revealed to the contrary in that particular shall perish by the sword and with this restriction we admit of it and he cannot reject it And then it will make nothing against us as is said proved Naphtaly answereth 3. Is it possible that men should be so far demented by flattery as to think that it was unlawful for Iesus Christ the mighty God and Lord over all to have defended himself by the assistence of his Disciples against the horrid wickednesse and insurrection of the vilest of his creatures had it not been that it was necessary that the Scriptures concerning him should be accomplished The surveyer sayeth He is insolent in saying so Why so Because albeit it be true Christ as God could have destroyed by himfelf or his instruments all the vile creatures that rose up against him yet Christ as Man submitting himself in our nature to fulfil all righteousnesse submitted himself to Magistracy as the ordinance of God and whatever by God's Law was unlawful for a subject to do as rebellion against lawfull powers is the Son of God in the state of his humiliation submitted that the same should be unlawful to him as Man c. Answ It is true Christ as Man became Subject to the Law and to Magistracy as the ordinance of God But to say that therefore He might not defend himself against the vilest of his creatures who rose up to take his life though abstract from that particular case wherein he had a particular command of God to lay downe his life because that would have been rebellion is but to begg the question and we have said enough to prove the contrary Naphtaly had a 3. answer thus Where our Lord sayeth in the place objected all they that take the sword c. as he thereby only condemneth unjust and offensive war So the saying itself by its later part doth tacitely imply the lawfulnesse justice of both defensive vindicative arms the same being otherwise justly founded Unto this The Surveyer replyeth 1. That the first part is false for then sayes he That sentence should not be pertinently applyed to Peter's fact or fault for his useing of the sword was defensive and objectively just on his part to wit in defence of his master whom they did invade yet he is reproved as wanting lawful authority Answ Peter's wanting a vvarrand for any further use of the svvord made it is true his vvar unjust yea and offensive for all lawful war except where God giveth a particular command to destroy a nation or people as he commanded the Israelites to destroy the Canaanits and Saul to destroy the Amaelekites is in a manner meerly defensive as sundry politicians averre thinking no ordinare war lawful but what is defensive And so this war being contrare to the revealed will of God was unlawful and so condemned by this sentence But to gather hence that every defensive war of Subjects is hereby condemned is to put more in the conclusion then is in the premisses His 2 reply is That the later is most falsly concluded if he meane defensive and vindictive armes against the Magistrate for albeit defensive and vindictive armes be otherwayes justly founded the defect of a lawful authority makes them unjust and sinful And it is utterly against Christ's minde and scope of the text to allow defensive as well as vindictive armes against the Magisirate for Peter was defending himfelf and his Master and revenging the invasion made by Malchus the Magistrats servant upon Christ and yet he is reproved for both Answ To say that the defect of a lawful authority as he understandeth it maketh a defensive war in subjects against their Magistrats otherwise lawful is but to beg the question and is not proved by any reproof Peter gote because as we have often tolde him that was a particular case it being necessary that the Scriptures concerning Christ should be accomplished which is only added by our Lord as the ground of his discharging Peter to proceed Christ never tels him that it was against the lawful Magistrates and therefore might not lawfully be Yea that which made Peter's Defence in this case unlawful would not Permit I. C. to pray to his father for aid or deliverance now if he will conclude from Christ's discharge of Peter to make use of the sword that it is simply unlawful for persons not cloathed with publick Authority in any case to defend themselves from the unjust violence of Magistrates then let him conclude also from Christ's example that it is unlawful for them to pray for help from God when they are oppressed for Christ gives on reason for both We are willing to grant him
not oure as the light when the Sun shineth which is for the vindication of these poor people will with any face or shew of reason be able to deny this to be the true state of affaires of the present question Hence we see how the Surveyer sophistically fraudulently presents the state which he may well call the great Knot as being no way loosed and laid open by him as it ought to have been of the question Pag. 19. when he sayes Whether meer privat persons one or moe separatly of joyntly when they are or think themselves unjustly afflicted and extremly injuriously handled by the Magistrate or Supreme power proceeding according to lawes aggreed to betwixt himself and the body of the community Whether or not upon supposition that these lawes are not just and right may private persons defend themselves against the violence of the Magistrate thus proceeding even by violent re-offending yea in order to their owne defence cut off the Prince of Magistrat whatsoever or their Ministers and officers standing in their way or when they are punishing them and afflicting them according to law againe Pag. 21. he sayes The true state of the question at this time is when the corruption of these who are in power leads them to abuse their authority either on making unjust lawes or punishing according to these whether meer private subjects should with violence oppose all Magistrats under whom they are from the highest to the lowest together vvith the plurality of the body of that community vvhere of they are members yea and in their ovvne defence destroy them all if they be in probable capacity for such vvork and if they cannot eschew this and preserve themselves yea farther after they have subdued providence so permitting or ordering all the magistratical power and major part of the people they may use a vindicative avenging and punishing povver upon all being only persons of privat capacity and to be sure he repeats the same over againe Pag. 24. and sayes Pag. 26. That the vvay vvhich vve clearly ovvne is That every privat person when so long as they are able or are in probable capacity to acte violently against the Magistâ—ate ought to counter act him violently vvhen he thinks the Magistrate vvrongs him for this must be referred to every mans privat discretive judgment and more to this purpose there and againe pag. 27 he tells us The question is what duty is owed by the subject Unto the Magistrate especially the Supreme for may there be remedies had against the injuries of the inferiour by appellation In case of his mal-administration unjust lavves and sentences according to these lawes or executions according to sentence whether they may violate or violent the person invested vvith authority and not submit unto him but counter-act him by force in self defence against his violence Or if they be bound in conscience or by any lavv of God to submit humbly to vvhat he inflicts although unjustly if they can neither move him by their humble petitions nor can flee from his vvrath or goe out of his dominions and then addeth That the author of Naphtaly and his complices Maintaine That if the Magistrat abuse his povver in making unjust lavves or punishing according to these any private man or company of men that think themselves strong enough for the Magistrate ought never to suffer but use forcible resistence against the Magistrate abuseing his power that al the patience that is required of Christians tovvard oppressing Magistrats is only to beare suffering patiently vvhen they are out of capicity of acting and may not better do and to suffer patiently vvhen they see they cannot represse the violence of the unjustly dealing Magistrate vvith a sufficient contrary violence That it may appeareâ— though none vvho understandeth the controversy readeth what he allaigeth is the state of the question can readily be ignorant of his deceit but may easily perceive his subdolous sohistication hovv far he hath misrepresented the businesse let these fevv particulars be pondered 1. It is one thing to say that private persons may rise and take the svvord of defence in their hand and resist their Magistrats upon the ground of supposed vvrongs or vvhen they think in their privat judgments of discretion that the Magistrat injureth them It is another thing to say This vvay of defence may be used vvhen the injuries are real and not supposed or judged so by their private and erring judgement or discretion only He cannot have the fore-head to say that we maintaine the former nor can he vvith any colour of half a reason inferre that such a maintaine this last do consequentially maintaine the former as men of understanding will easiely perceive and shall be more fully spoken to aftervvard in due place yea suppose that such a consequence could be drawne it were not faire but utterly disingenuous and un-becomeing a faire disputant to bring a consequent which he wire-draweth from his adversaries position or assertion into the state of question and make the world beleeve that his adversary doth positively clearly avowedly assert what indeed he doth not affirme nay nor granteth to follow from what he holdeth 2. It is one thing to speak of resistence made to lawes iniquosly made and yet but tending to the hurt of some private persons in smaller matters it is a far other thing to speak of resistance made to lawes whereby the established religion and the fundamentall rights and basis of the constitution of the realme is overturned and so not only only mens goods or smaller matters but their liberties religion consciences lives and every thing that is dear unto them is in inevitable hazard it were an impudent calumny to say that we maintaine the former 3. It is one thing to say that any private person alone and severally may resist and repel unjust violence offered by the Magistrats of the land and another thing to say that a considerable company joyning together upon just grounds may endeavour their owne faifty Though the lawes of our land will suffer a privat subject to hinder any in the Kings name to possesse themselves of his heritage or of any thing he possesseth till the question be discussed by the civil judges yet we state not our disput concerning what a private single person may do in case of oppression 4. It is one thing to speak of unjust lawes in the general and another thing to speak of unjust lawes made by Magistrats preingadged by solemne vowes and Covenants never to make such lawes and who have given the people all the security imaginable that they should never be troubled with such iniquous lawes This last is our case 5. It is one thing to speak of lawes though iniquous and grievous yet executed legally civily by way of formal legal procedure But it is another thing to speak of lawes in themselves grievous and iniquous yet executed in an unformal illegal arbitrary tumultuous cruel
not only without but even against authority yet being in order to such necessary and just ends did sufficiently warrand them before God and all men from the breach of any law or act then standing against the same wherewith they might have been charged But what can he hence inferre Will he inferre that the Author of Naphtaly either sayeth or thinketh That any part of the people though no Magistrate be amongst them may take armes against all Magistrats and violently resist them when they think their lawes either unjust or the punishment executed unjust as he sayeth he doth Ibid. Pag. 13. By what medium will he couple the antecedent and consequent together May not a man disallow that any part of the people though they had all the Magistrats with them except the Supreame may take up armes against the Supreame and violently resist him whensoever they think that the lawes are unjust or the punishment executed unjust as I verily think the Author of Naphtaly will and yet say That when strong and inevitable necessity urgeth in order to necessary and just ends people may have their owne convocations even against authority and de jure be guilty of the breach of no standing law against the same seing all know that salus populi est supreme lex and that no law or act vvhen the strik observation thereof tendeth to the detriment of the Republick for the good of VVhich all lavves are made is of force The next passage he citeth is out of Pag. 14. vvere Naphtaly hath these vvords That the right and privilege of self-defence is not only founded in but is the very first instinct of pure nature and spring of all motion and action 2. That it was competent to and exercised by every individual before that either society or government were known 3. That it was so far from being surrendred and supperssed by the erecting of these that it was and is the great end and motive for which all voluntary societyes and policyes were introduced and are continued 4. That it is a principal and not the principal as he misciteth it rule of righteousnesse whereunto that great command of love to our neighbour by the law of God and by the Lord himself is resolved and whereby it is interpreted And then addeth So it doth infallibly follow that the same right and privilege is yet competent to all men whether separatly or joyntly and needeth no other pre-requisite but that of intolerable injury which for a man to suffer under pretence of the good of the Commonwealth would be for the delusion of an empty name only for the lust of other really to deprive himself of his whole share interest therein and is completed for excercise by such a probable capacity as may encourage the asserters thereof to undertake it Thus I have set down his words truely and wholly and I would faine know what is there here that will ground the foresaid thesis Must a man that sayeth thus necessarily say That it is lawful for privat subjects to take armes against their Magistrats when they are in a probable capacity to carry thorow their matters and the major part of the people when they think the lawes are unjust or the punishments executed are unjust Let him the next time I pray prove this consequenc For I and many moe do and will deny it His next passage is out of Pag. 15. the words are these The propelling by force of such injuries that is to be violented in the matters of Religon was the justest cause and quarrel that men in their primeve liberty could be ingaged in which surely is a very innocent and harmelesse assertion and such as he nor no rational man who knoweth to preferre the interest of the soul unto the interest of the flesh can contradict and from whence no man that knoweth what the exercise of reason is can inferre his forecited thesis The next passage he miserably curtaileth out of Pag. 16 17. but though vve should take it as he hath set it dovvne excepting that parenthesis vvhich he hath soisted in in the same character to deceive the sample Reader vvhat could he inferre from it When once sayeth That combinations for assistance in the same common cause of just and necessary defence whereunto the force of extreame necessity through the perversion of that mean of government appointed for their preservation doth ultimatly reduce them are warranted by the principle of humanity c. and Gods glory c. and by this that whole Cityes Kingdomes and Empires for the violation of this duty in not releeving the innocents from unjust tyranny even of lawful powers have been overtaken therefore by fearful judgments to their utter ruine and subversion Must he needs be thought to say and assert That privat subjects may combine together and make insurrection against the lawful Magistrat when they in their private judgment of discretion think the ends of government are perverted What sharpe sighted man can be able to see where these two shall meet He tells us next that Pag. 18 19. it is said That not only power of self-defence but vindicative and reforming power is in any part of the people against the Whole against all Magisirates and if they use it not judgment cometh on supposeing their capacity probable to beare them forth and they shall be punished for there connivance not acting in way of vindication of crimes and reforming abuses But who shall read the place cited will be forced to acknowledge a very great injury done to Naphtaly that his words are miserably represented and yet he cannot draw out of them even as he hath minced the and thrawne them so that they look with another face then their owne That Napbtaly asserteth That private persons may when they think or imagine in their privat judgment that the Magistrats and the rest of the land are in a defection arise in armes against them vindicate Religion judge and condemne such as are guilty and so use imperat acts of reformation by vindication Sure these words in Naphtaly of necessity both from the principles deduced and from the most visible judgments of God agreable thereto there must be a superiour and antecedent obligation to that of submission incumbent upon all both joyntly separatly for the maintainance vindication and reformation of religion in order to the promoting of these great ends of the publik profession of truth and true worshipe which the Lord doth indispensably require to sober judicious intelligent and impaitial readers will have a far other import So what can he inferre from that which Naphtali said Pag. 28. viz. That none pleadeth for absolute submission in the people and exemption in the prince but such as have prostrated their consciences to the Princes arbitrament in a blinde and absolute obedience and that seing subjection is principally enjoyned for and in order to obedience what soever reason or authority can be adduced to perswad an obsolute
and indispersible subjection will far more rationally and plausibly inferre an illimited and absolute obedience Can he with any colour of sense or reason inferre that he maintaineth that passive subjection to unjust lawes and punishments where there is power to make active violent resistence is a greater sin then active obedience to unlawful commands of Magistrats Is this a faire way of disputing to say that one maketh that the state of the question which he draweth from the assertion of his adverry Naphtaly allaigeth that absolute subjection is as repugnant to reason as absolute obedience doth he therefore make this the state of the question or give ground for it That absolute subjection is more sinful then absolute obedience Againe what can he draw out of these words of Naphtaly Pag. 157. Secondly it is answered That riseing up against authority itself the ordinance of God and disobeying the powers therewith vesied standing and acting in their right line of subordination is indeed rebellion and as the sin of witchcraft but to resist and rise up against persons abuseing sacred authority and rebelling against God the Supreame is rather to adhere to God as our Liege Lord and to vindicate both curselves and his abused ordinance form man's wiâ—kednnesse and tyranny Can he hence inferre that Naphtaly judgeth it no rebellion for privat subjects to disobey Powers acting in a right subordination when they in their judgements of discretion judge that they deviat from that line of subordination Sure he must have some needle head that can sowe these two together These are the particulars whereupon this Surveyer thinketh to bottome his falsely-stated question and by this we may judge ut ex ungue leonâ—m what faith he is worthy of when he sayeth immediatly thereafter Pag. 14. But what needs insisting on his justifying of any number of private persons riseing up and resisting the whole Magistrates Body of the people when ever they think they have cause Seing this is the maine scope of his book and more too even to state them in a punitive power of all who are against them and a power to pull downe all authorities that are in their way Alas poor soul such impudent untruthes will not much strengthen his cause in the judgment of such as are judicious and many will think that such way of dealing declares him to be unworthy of his wages for may not all who read that book see a cleare other scope there intended then what he here fancyeth and know that from no sentence in all that book can such conclusions be drawne as he here sayeth is the maine scope of it O! but he must be audacious and affronted to say that the author of Naphtaly not only makes a proclamation to all meer private persones not having any Nobles and Magistrats amongst them to make insurrections against all Magistrats from the highest to the lowest and against the plurality of the people if they think themselves in probable capacity and not only so but giveth to them a liberty to pull all Magistrates out of their seats to instal themselves and to punish Magistrats who as he sayes have forfauted their right by the abuse thereof as he doth Pag 21. What wil not such shamelesse boldnesse adventure to averre with the greatest confidence but such as are wife will not beleeve every thing that such as have made shipwrak of faith and of a good conscience and have possessed themselves of a debauched conscience have the impudency to affirme without blushing CAP. II. Three Arguments proposed taken I. from the Concessions of Adversaryes 2 The resistence of Parliaments 3. The Light Law of Nature Having thus cleared the true state of the question we shall now fall about the confirming of the affirmative and so take occasion to examine what this Surveyer sayeth as he cometh in our way and though there should not be great necessitie to confirme our hypothesis or the present question under debate unto such as have not prostituted their soull unto a brutish beleef of an absolute and indispensible subjection or submission in all cases whatsomever unto the lusts and rage of men abuseing their power and places and overturning that good order which God only wise estabished in his love and favour for the good mankinde yet because this seemeth to be an age wherein the spirits of many of sunk below that of beasts and men of no consciences or at best debauched consciences have willingly surrendered their privilege as men and assumed the slavish disposition of bond-men that for their owne base ends a little mase of pottage they may gratify such as are nothing lesse then what they ought to be it will be necessary to speak a little more to it Our first argument then shall be taken from the concessions of adversaries and from what this same surveyer seemeth if not expresly and directly to grant yet not to deny or condemne altogether Barclarius contra Monarchom lib. 1. c. 8. granteth to the people liberty to defend themselves from injury and to resist quando immani savitia petuntur and lib. 4. c. 16. he doth fully an plainely acknowledge That the king falleth from the right to this Kingdomes that the people may not only resist him refuse obedience unto him but many also remove him from the throne if without the subjects consent he should subjecte the Kingdome to another or be transported with an hostile minde against the Commonwealth Doct ferne also acknowledgeth That personal defence is lawful against the suddaine and illegal assaults of the King's messengers yea of the Prince himself thus farre to ward his blowes to hold his hands so when the assault is inevitable and else where he grants it lawful to resist the King's cut-throats So Arnisaeus de author princip Cap. 2. n. 10. granteth it lawful to private persons to resist the King when he acteth extrajudicially And Crotius de jur bel pac lib. I. c. 4. n. 7. seemeth to say that the law of non-resistence doth not oblige in certane extreame danger seing some divine lawes though generally proposed have this tacite exception of extreame necessity and giveth this for a ground That the law of non-resistence seemeth to have flowed from them who first combined together into a society and from whom such as did command did derive their power now if it had been asked of such Whether they would choose to die rather then in any case to resist the Superiours with armes I know not sayeth he if they would have yeelded thereunto unlesse with this addition if they could not be resisted but with the greatest perturbation of the Commonwealth and destruction of many innocents And a little thereafter He hath these words Attâ—men indiscriminatim damnare AUT SINGULOS AUT PARTEM MINOREM quae ultimo necessitatis praesidio sic utatur ut interim communis boni respectum non deserat vix ausim It is true in the end of that Section he
defence without the conduct of their representative cannot in every case be condemned particularly not in our case now The antecedent I say is abundantly proved in the books mentioned which this windy man thinks needlesse to run out upon but he might rather say he thinks impossible to answere and beyond his poor strength to graple vvith as he sayeth Page 20. vve must then take some notice of vvhat in that Page vvhich he thinks sufficient to oppose unto the many arguments produced by them he is pleased to present what sense sayes he the people of Scotland when they have come to liberty have of these armes their late representative have declared and it were to be wished that the memory of such wayes were buryed that the posterity might never look upon them as exemplary Their progenitors have so deeply drunk of the bitter fruites of the same the result of them having been so much sin shame and sorrow vastation confusion and destruction to Princes and People I answer 1. What that liberty is which the people of Scotland are now come to who can see it for the perfect slavery and bondage they are sold unto A freedome he talkes of when all our libertyes are sold and we given up as bond men and bond women unto the lust of a Man and are denyed the very liberty which is the privilege of all free subjects yea and that which is the birthright and native privilege of all men viz. to supplicate petition or to pray what liberty can he then meane unlesse the liberty which is licentiousnesse to forsake God and our Covenant to turne Apostats from his truth and our profession to sweare foresweare to drink debauch whore commit sodomy all sort of wickednesse without curb or controll Is this the liberty he understandeth Sure all true christians and such as feare the Lord account that develish slavery and bondage 2. We know what this late Representatives have done but whether therein they have acted the part of Representatives and given the true sense of the people of Scotland will it may be be considered when He and I both are rotten Sure they never had any expresse yea nor tacite commission from the people of Scotland to give up all their necks to the stroke the axe as treatours and rebels for doing nothing but standing to their owne defence against manifest tyrranny and oppression of both soul and body and to condemne them and their worthy progenitors who valiently stood for the truth and the libertyes of Church and State to the losse of their lives and fortunes and to proclame and declare themselves guilty before God and Men of all the blood that was shed in that warre though most lawful and laudable 3. We are persuaded let him with what he will the memory of these memorable wayes shall never be buried but shall stand as exemplary monuments to succeeding generations when God shall think it meet to animate them with the spirit of courage to free the land of tyranny and of domineering abjured prelats withal their taile and traine and wise men will think that his Representatives have not taken a course fit for burying the memory of these wayes but rather a way to revive afresh the memory of them and to commend them more to the thoughts and hearts of all who love and pray for the comeing of our Lord's Kingdome 4. What bitter frutes these are which he sayeth our progenitours have drunk so deeply of we know not They lived and died such of them as owned and stedfastly adhered to that cause and Covenant in honour and peace and their names shall be in perpetual remembrance when his and the names of the rest of this perjured Malignant apostate faction shall rot We needed not have feared that either sin shame sorrow vastation confusion or destruction should have come to Prices or People if we had prosecuted the ends of our Covenants with zeal and faithfulnesse according to our manifold vowes promises solemne oathes and ingagments But what ever of these have followed should be and will be rightly fathered on our defection and lose of zeal And what sin and shame and sorrow vastation confusion destruction shall now follow both to Princes and People if they repent not upon this unparallelable defection Apostasie whereof now they are avowedly guilty none who is not an utter stranger unto God his faithful word and dispensations but may without any extraordinary Spirit of Prophecy foretell Next he tells us That these disputes proceed upon a most untrue and malitious misrepresentation of matters of fact upon two false hypotheses Let us heare what are those As if sayes he the King had been the first invader of the Nation whereas it is known his authority was first invaded his lawes trodden upon kis proclamations openly despised his castles violently seised his armes he took were notinvasive against the Nation but defensive of his owne authority of his lawes and the persones of orderly walking subjects and for reduceing these who strayed from their duty Answ Quis tulerit Gracchos de seditione querentes Who would suffer such a manifest notorius lyar to say that others made misrepresentations of matters of fact But 1. Do not all who then lived and yet read the publick papers and other acts that passed then know that through the instigation of some false perfidious fugitive Prelates the King was stirred up to make warre on Scotland ere ever they thought of any such thing Was not warre concluded both by sea and land Was not free tradeing taken away Were not the Scottish Nobility at court made to abjure the National Covenant and the General Assembly at Glasgow was there not a declaration emitted Feb. 27. publickly read in all the Churches of England wherein the faithful subjects and Covenanters in Scotland were tearmed Rebels Were not Berwik and Carlile frontier cities strongly fortifyed and garrisoned Was not the Earle of Huntly made Governour of the North of Scotland and had some foure or five thousand men in armes for the King Was not Aberdeen fortifying it self to take in the King's navy of shipes when it should come Was not the Marquis of Douglas Lord Haris ready to rise with the Papists in the South of Scotland Was not the Deputy of Ireland prepareing men to land them in the West of Scotland Was not the Earle of Arundale made the Kings General and was not the King to have his rendezvouz at York in Aprile and all the English Nobility commanded to attend him there by a letter written Ian. 26. before the faithful People of Scotland had any army in readinesse What impudency is this then to say the King was not the first invader of the Nation And as for the second expedition Anno Dom. 1640. managed and carryed on by the Parliament it was abundantly verified by their publick papers that it was purely defensive And it is notour that before the leavy was made and appointed
the King had violated the conditions made had caused burne by the hand of the Hangman a paper containeing explications of some tearmes used by him in the treaty of Peace had denyed accesse to their commissioners afterward when he had signified his willingnesse to heare such as they should send such as were sent were committed to prisone and one of them viz. The Lord Lowdon ordained secretly to be beheaded in the Towr of London and in the meane while warre was concluded against the Realme of Scotland in the King's Council The Earle of Northumberland was made General a Parliament was convocated both in England and Irland for raising of subsidies to the carrying on of this warre The Deputy of Irland with some there had promised much assistence The Prelates of England had offered great summes to carry on this Bellum Episcopale as they named it Scottish shipes were intercepted their goods taken away and the seamen cast into prifsones and miserably handled The sea ports were closed up with frigots The castle of Edinbrugh oppressed the City with their shot and killed many both young and old Were all these things no beginnings of a warre nor no acts of hostility How can he or any else then say that the King was not the first aggressor or that Scotlands warre was not purely defensive 2. As to these things wherein he would make his reader beleeve that the Honest people of Scotland were the first invaders what a malitious fool doth he manifest himself to be for 1. How or what way was his authority invaded was it because they would not receive a masse book in English obtruded upon them by his sole authority without the concurrence of Church or State 2. What lawes were troden upon Weknow no lawes but acts and statutes of a lawful Parliament made for the glory of God and the good of the land and what such were trode upon 3. What way were his proclamations despised Is it to despise a King's proclamation for free subjects to vindicate them selves of what is unjustly laid to their charge in this proclamations by faithful and humble protestations of their innocency 4. What were those castles seised upon Some be like in Vtopia for before this warre was begun Anno 1639. The Covenanters seised upon none of the King's castles When they savv the King bore a hostile minde against them and intended no good they watched the castle of Edinbrugh that more ammunition and provision should not be carryed into it And this was all they did until they were necessitated to put themselves into a posture of defence then they seised upon some houses here there the lawfulnesse of which is demonstrated by Lex Rex the Apology 5. What illegal courts were those which were set up Sure those tables as they were called were no courts assumeing to themselves any judicial determination in any matter of State civil or Ecclesiastical nor conventions for disturbance of the peace or usurpation against authority but meer meetings allowed by the light and law of nature for consultation and advice anent the matter and manner of supplications which they were to present to his Majesty and his Council and of propositions to be presented to the lawful State and Church-judicatories 6. Who were those subjects walking according to the lawes who were persecuted We know of none who were troubled at that time except the Prelates the Troublers of our Israel and all the persecution they met with was that the honest Covenanters did give in complaints against them and offered to make good what they allaiged upon the highest perill and did supplicate the Council whereof some of them were Members that they might not fit there as judges but stand as Rëi and answere for themselves and that the General assembly indicted by his Majesty after mature deliberation and full examination did excommunicate them for high and notorious crymes to be seen in the registers of that Assembly But 2 will these things to judicious persons lay the ground of a lawful warre by the Magistrate against his owne subjects Are these who cannot yeeld obedience unto unlawful commands who humbly protest for their owne innocency who meet together for drawing up supplications and ordering matters thereanent and who give in complaints against the Pests Troublers of the land and exerce Church censures upon the scandalous invaders of the Soveraign's authority And when a King upon these grounds invadeth his subjects with an army of armed men can any man of common sense think that his war is not an invasive vvarre Hath not Magistrats other lavvfull vvayes to defend their ovvne authority and lavves and orderly subjects and to reduce the disorderly then fire and svvord Sure for a King to cut off his subjects is to diminish and annihilate his authority and lavves both And for a King to vvage vvarre against the Body of a land to pleasure Fourteen of a fevv of the basest and most unvvorthy of all the subjects vvould seem to be the result of no grave and sage Council nor vvould it appeare to be much for the Kings honour to have his Soveraigne authority imbarqued vvith a fevv abjects so as if they did sinke to the bottome of the sea It could not swime The next thing and that is the 2 hypothesis he allegeth is That they represent him in their virulent he should say nervous writeings as Nerone ipso Neronior a great persecuter of Religion intending the total ruine and destrustion of the protestant profession and the total ruine and destruction of the whole people of the land Answ They represente him no othervvayes then his owne publicke owned and avowed deeds and declarations did represente him to all the world What was his secret intentions God knoweth but his deeds did declare that he minded no good to the poor Church and State of Scotland for to pleasure a few abjects that had drunken in much Popery and Arminianisme and stirred him up to urge upon our Church 2 Popish publick service book of canons and ordination Popish ceremonies and such Romish trash he sought by fire and sword to reduce us to ashes We shal not now trouble his Urne by speaking to what this Surveyer sayeth afterward This we knovv That he died but vvhether as a glorious Martyr for the true Religion of God vvhich yet may admit several senses so ambiguous is it though vve let it passe in the best and lavves and liberties of the people as he sayeth many doubt At length he closeth his digression thus If there was any thing that could not have a favourable interpretation in that unhappy book that gave therise to the troubles how timely was it retired and great satisfaction and security given for religion If through default of Ministers of State any thing had creeped in that could not abide the test of law how willingly was â—treformed yet all could not sist begun course of violence till through God's dreadful indignation against a sinfull
people his fatal end might be brought on not because he had been a Tyrant but because he had not been such Answ That book which was unholy as well as unhappy in giving the rise to such troubles had not only somethings in it that could not bear a favourable interpretation but the whole of it was the extract and quint essence of the Romish masse book book of ritualls c. And how slowly it was retired and satisfaction and security given for our religion and how soon conditions covenanted and condescended upon were broken the history of those times doth sufficiently declare as also how unwillingly any thing was reformed that had creeped in whether through the default of Ministers of State or others But how can this base calumniator insinuat that the Kings loyall subjects in Scotland had a hand in bringing him to his fatal end seing even the late Representatives though they would willingly have raked hell for it could not finde a man in all Scotland to be charged with that crime That he came to his fatal end we know but that it was through Gods dreadful indignation against a sinful people if he mean the faithful and honest Covenanters I know none except base ignorant sycophants that will say it That it was not because he had been a Tyrant many will doubt And when he sayes that it was because he had not been a Tyrant I am sure he giveth non caâ—sam pro causaâ— and who can understand how God in his dreadful indignation against a sinful people doth take away a Prince who vvas not a Tyrant seing upon that account he giveth such Tyrants sometimes Having thus vindicated the Antecedent from what this Surveyer had to say against it we shall now speak a word to the consequence of the argument And 1. The whole Cabal of the Royalists will grant it for with them both Representatives and People are put into one and the same category viz. of meer subjects so that if the Antecedent stand good as it shall for all which they have said or all which this their new collegue or young raw disciple can say to the contrary the argument is good ad hominem 2. Such as grant it lawful for a Land having their Representatives with them to defend themselves against tyranny But deny it to privat subjects in case of necessity when they cannot have the conduct and concurrence of their Representatives can adduce no argument against this last but such as will weaken their assertion in the former As for exemple Hoenonius politic disp 9. thes 55. disproveth resistence in this last case by these arguments 1. because Subjects are obliged to pay to their owne Magistrats the duty of fidelity and obedience 2. Because by this meanes a gap would be opened to seditions and rebellions 3. Because the scripture commandeth subjects to pray for their Magistrats 4. The son may not wronge his father how wicked so ever he be 5. Violence done to the head though sickly tendeth to the ruine of the whole body 6. It is better to have a sickly head then none 7. There is greater danger to Cast off a Tyrant then to Tolerate him 8. A Tyrant cannot be resisted but destruction will follow to the resisters 9. God punished the wicked kings of the jewes by strangers 10. Jeremias did not stirre up the jewes against Nebuchadnezar but allowed them to pray 11. Christ commanded to pay tribute unto the Prince 12. Paul will not have an evil Prince to be cursed with words 13. Kings are from God and such like But who seeth not that these if of any force as indeed they are of none as shall afterward be made appear in due time conclude as much against a peoples opposeing and resisting a Tyrant even when they have their Representatives with them as when they are left alone and yet this same Hoenonius ubi supra thes 45. granteth it lawful yea and necessary for the Ephori and the Estates of a land to resist the Tyrant 3. If our Surveyer will grant the case different now from what it was then when the primores Regni were ingadged in the opposition as he doth Pag. 21. and grant that when the primores Regni concurre the opposition is lawful as he must grant in case the Soveraigne become Tyrannnical and be the first-aggressor because only upon the contrary supposition he condemneth the last resistence which was made to the King by Scotland He must of necessity seek out other arguments then what we see he hath to condemne this resistence of Private persons in case of necessity or otherwayes contradict himself for as may easily be seen this being granted all his arguments shall be easily discussed 4. If he grant the case now to be much different from what it was then so as then it was a lawful resistence but not so now as he must grant otherwise we cannot see what this is to the poynt and wherein his much difference doth slye how can he save himself a from contradiction for he must put a diffence betwixt a resistence made by the people with their primores and a resistence made by the People with their Representatives in Parliament or else say That whatever the Nobles of a land do is the same with what a Parliament doth and that wherever they are there is a Parliament and the peoples Representatives Now this he darre not say left he should be hissed at and therefore he must grant it lawful for a people to defend themselves when they want the conduct and concurrence of their Representatives acting authoritatively or else retract what he hath said and planely confesse That the case to be noticeed now is not different from what it was then 5. I hope no man will say that a war carryed on or a resistence made against the Soveraigne by the Representatives of a people Is eo ipso lawful unlesse the ground of the warre or resistance be reall and valide And if the ground be valid and good whereupon a People unjustly oppressed and tyrannized over are allowed to defend themselves haveing their Representatives to goe before them why shall not the same ground stand valid and sufficient to warrand them to defend themselves when they have not the concurrence of their Representatives I would gladly heare a reason making the defence in the one case lawful and not in the other seing the ground remaines the same the same necessity abideth yea it rather increaseth when the Representatives who should be a screen unto the people betray their trust and either neglect to vindicate with their authority and conduct the innocent oppressed people or turne adversaries to them and oppressours of them themselves 6. Since Parliments are the peoples Representatives no man will say That de jure their power is privative or destructive but rather cumulative and helpful so that the peoples Representative cannot de jure make them more liable to irremediable tyranny and oppression then they were
done by the encouragement and assistance of the Spirit of God And if any should reject this instance as impertinent because they suppose Antiochus was not their lawful Supream Magistrate but only a Tyrant without title let them heare what Grotius de jure belli pacis lib. 1. c. 4. n. 7. sayeth to this Like unto this appeareth that deed of the Maccabees for whereas some think to defend these armes upon this gronnd that Antiochus was not King but an invader it seemeth foolish to me seing in all the history of the Maccabees and of such as took their part they never name Antiochus any thing else but their King and that not without ground for long before this the Iewes had acknowledged the authority of the Macedonians unto whose power and place Antiochus did succeed as to that that the law forbiddeth that any stranger should be set over them that is to be understood of a voluntary election and not of what the people might through necessity be forced to do And whereas others say that the Maccabees used only the right of the people cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deberetur Neither is that solide for the jewes being at first overcome by Nebuchadnezar and subjected to him by the law of warre by the same law they did obey the Medes and Persians who succeeded unto the Caldeans and all this Impire came at length into the hands of the Macedonians hence it is that Tacitus reckoneth the jewes amongst basest of such as served these Assyrians Medes and Persians Nor did they require any thing by stipulation from Alexander and his successours but without any condition gave themselves up unto their power as formerly they had been under the command of Darius And if at any time the jewes were permitted to use their owne rites and lawes that was but a begged right which they had through the indulgence of the Kings but not through any imperial law So that there is nothing that can defend the Maccabees but most imminent and certane danger thus he 2. The constant practice of the Waldensian protestants in Piedmont doth shew that this late practice is not so strange uncouth as adversaryes would give it out to be for they never had a Representative to be a screen betwixt them and the tyranny of their princes and yet how oftintimes have they valiently with stood such as came to oppresse them in goods and lives though cloathed with commission from the princes In the yeer 1580. being persecuted by the Lord of Trinity and their popish Soveraignes they assembled solemnely together to consult how to prevent the imminent dangers and after prayer and calling upon God for his grace and spirit of counsel and direction they resolved to enter into a solemne mutual Covenant and to joyn in a League together for defence of Themselves and their Religion and so accordingly did assist one another in their defence which they did with good successe And that alwayes since whenever they were assaulted by the bloody Emissaries of the Duk of Savoy as any may see fully in their history So that whosoever will condemne the late defence must also condemne these poor oppressed protestants who have no other meane to keen them from utter extirpation but this innocent meane of felf defence and of repelling unjust violence with violence for Bonds Promises Covenants binde their Prince as such obligations use to binde some others viz. no longer then they see it for their advantage Neither have they any Representative Prince or Noble man among them to head their matters but meer necessity puts them to use the best expendient they can and forcibly to resist their oppressing Superiours when they send to spoile them of their goods lives and libertyes 3. Some particular cityes in Germany did defend themselves against the Emperour unjustly invadeing their libertyes and assaulting them as may be seen in the history of Germany particularly the Cities of Madenburgh and Breme 4 So in France the Cities of Montobane and Rochel and the Isle of Ree with stood the King when he was seeking to oppresse them And no man will condemne these for acts of rebellion and sedition unlesse they will also condemne our Kings who at least undertook and offered to help and assist them 5. It was this opposition and resistence of privat persons when tyrannized over by Superiours that hath brought the Cantons of Helvetia unto that state of freedome and liberty which they have enjoyed for many yeers and do enjoy this day being now a free Republick as Simlerus showeth in his history of that Republick 6. But that we may come home we finde some remarkeable instances of this nature which no man in reason who shall condemne this late defence shall be able to defend and to beginne with what may be most recent in our memories In the year 1648. There are two signal Instances The one was that violent resistence used against the Parliaments forces at Mauchlin moor Here was not only a resistence in defence of the truth and cause of God then sought to be borne downe and oppressed by a prevalent Malignant faction in Parliament without the concurrence of conduct of the Representatives of the land but directly against them Here was a defence used by way of resistence by meer privat persons without the company or concurrence of one Noble man And yet a resistence that never was condemned by any to this day expect ingrained Malignants but was approved and commended highly by the Parliament anno 1649. the best Parliaments Scotland did see for many yeers Againe thereafter in that same yeer 1648 The forces of the west Countrey arose in defence of the Cause and Covenant of God and that not only without the conduct of a Parliament but against their resolutions It is true there were some Nobles Parliament-men among them and countenancers of them but these acted not nor could act by vertue of any Parliamentary power but only as privat subjects having by reason of their greater interest in the land a greater obligation to lay out themselves and to improve their authority and influence in the countrey for the good thereof and for the cause of God They had it is true by their places and stations greater influence upon the Countrey and a greater backing and so being leading men were in a greater capacity to defend the oppressed truth but all this gave them no publick Magistratical power nor put them in the capacity of a real and formal Representative and yet all this was afterward approved ratified and confirmed by Parliament as good and necessary service to the countrey and to the cause of God A third notable instance is that Anno 1639. There was then no publicke civil judicatory carrying on that defence but Nobles and others each in their capacity and according to their power concurred for the promoveing of that necessary work of defence They did not acte under the notion of any such judicature nor
the inbringing of forraigne furious forces into the heart of our Land It were needlesse seing we had raised up in our owne bosome as cruel bloody mercylesse furious and mad forces as any forraigners could be or these were wherein lyeth the difference then O sayeth he We can avow it in the presence of God that we contend for that same Faith and Religion that our predecessours stood for against the Powers of that time and will maintaine the same against all Novators who upon account of a piece of Church order allowed by our Reformers now re-established instigate any private persons who have power enough to destroy all Magistracy and order in the Land because of the owning thereof It is not much matter what such men say they can avow in the presence of God who have openly and avowedly broken their vowes and renunced that Covenant which they swore oftiner then once with hands lifted up to the Most High God No wise Man will think that such will stoutely contend for the Faith and Religion who have renunced all faith and Religon and abjured these Covenants which were strong bulwarks to guaird and defend that Faith and Religion Ay but he will maintaine it against Novators as he calleth them That is indeed a new way of maintaining truth to maintain it against such as stand for the defence thereof and all the bulwarks thereof against him and his fraternity who are dismantling the walls undermining them opening the gates to adversaries intertaining them kindly in their bosome He speaks an untruth when he sayes that the Reformers owned such a Church order rather Church-bane and Church-confusion as these worthyes are now contending against and is now re-established So vvhen he sayes that these Novators and that Naphtaly do instigate any private persones vvho have povver enough to destroy all Magistracy and order in the Land and to occupy their Roomes We hope there shall be a Magistracy and good order in the Land vvhen that abjured Hierarchy the bane of that Church and State shall be utterly abolished vvith all it is adherents I must not let that passe vvhich he hath Pag. 119. Some sayes he have said Religion would never have been reformed if violence had not been used upon Magistrates But why should men take on them to limite God Hath he not shewed his power in several parts of the world in working on the hearts of the Supreame Magistrates and causing them to goe befor others in reformation of abuses Answ We know no violenceâ— was used then upon Magistrats only with violence the godly withstood the unjust violence of Magistrates so as they gote not their furious purposes executed we shall be far from limiting the Holy Oe of Israel therefore dar not say but he hath moe wayes then one of bringing about his holy purposes And as at the first spreading of the Gospel it was not his way to work on the hearts of the Supreame Magistrates and cause them to goe before others in the reformation so a way may be his way which is different from that way whereunto he would limite the Lord. We do not deny but God may vvhen he thinks good stir up Magistrates to goe before others in that vvork but it hath not been his way of recovering us from Popery and we have not found the Supream Magistrates ever since so cordial as vve could have vvished for the vvork of Reformation And yet God hath carryed on his ovvne vvork vvhether they vvould or not And he who wrought then is the same God yet as mighty and povverfull as ever I vvish he vvould take the follovving vvords to himself and his party for they quadrate vvell Men are too apt to be bold in anteverting Gods vvay and to follovv their ovvne carnal prudence and affections in that vvhich they are set upon and thereupon vvhen they prosper to fancy a divine approbation of their vvay So self-loving are men Ordinarly From these particulars mentioned and from vvhat vve have replyed unto this Surveyer It is put beyond contradiction That vvhosoever shall condemne this late act of defence in maintainance of Religion and Libertyes must of necessity also condemne vvhat vvas done Anno 1648. and Anno 1638 1639. Yea and what was done at the beginning of the Reformation in the dayes of Mr Knox and strick in with all the rabble of the sworne Enemies of our Church and Reformation and speak the language of the Ashdodites ingrained Malignants our inveterate adversaries and speak downe right vvhat this bitter apostate the Surveyer dar not in plaine tearmes expresse And so condemne all those vvorthies vvho valiently ventured and hazarded all for the truth as Traitours and Rebels and say that such of them as lost their lives in that cause died as fooles die in rebellion and under the crime of treason and that all the blood of those vvho valiently died in the bed of honour in the maintenance of their Religion and Christian Privileges or vvho jeoparded their lives in the high places of the fields in defence and prosecution of that cause is to be required at the hands of Mr Knox and other noble reformers vvho actively bestirred themselves in this matter then and of late Yea they shall condemne all the Prayers Teares Sighs Groanes Fastings Supplictions and other such like meanes as vvere used in these exigences Which guilt vvise Men vvill vvell advise ere they take unto themselves The next thing is to adduce some authorities Pareus on the Rom. Cap. 13. dub 4. Hath this fourth proposition It is lavvful for private subjects if the Tyrant set upon them as a robber or ravisher and they can neither obtaine help of the ordinary povvers nor shun the danger in that present exigent to defend themselves and theirs against the Tyrant as against a privat Robber 1. Because against whomsoever a defence is lavvfull by the help of Magistrates against the same privat defence in case of necessity is also lavvful vvhen the defence by Magistrates cannot be had because in such cases Kings themselves do arme private persons But in the case of necessity defence by the inferiour Magistrate against the Superiour is lawful Therefore also private defence is lawful 2 Because if we take away both publik and private defence against the cruel rage of Tyrants the boundlesse licentiousnesse of Tyrants should be strengthenned hereby the civill society should be openly destroyed yea and chiefly the Church bacause the most wicked part should destroy the better But without doubt the Law of God doth not so establish the licentiousnesse of Tyrants as that thereby humane society should be destroyed Therefore God doth not forbid in all cases resistence to Tyrants oppressing people in their lives and saifty to satisfy their lusts Thus He. But it may be Out Surveyer will reckon him in amongst his Pseudomartyres because his book was confuted by a Hangman and a fiery fagot at the command of King Iames Yet both the book and the Author
accompanyed with such consequents could never be the instinct of pure nature nor can we suppose that such a thing can be the ordinance of God appoynted for the good of mankinde Therefore this must stand as a firme truth that the condition of a people modelled into a civil state is not worse then it was before but rather better 5. It will be no lesse readyly yeelded That such one or more as are chosen by the Community to act the part of Magistrates notwithstanding of that change made in their condition abide men of the like passions and infirmities with the rest yea and subject to moe temptations and so in greater hazard to miscarry then formerly This change doth not Transforme them into Angels or put them beyond the reach of injuries as all will grant nor beyond a capacity of doing injury even to these over whom they are set No humane power can set any above God's Law or loose him from the binding power thereof and till this be or They out of a capacity or transgressing God's Law which no humane act can do He Or They are still obnoxious to the sin of injuring their neighbour and transgressing the law of righteousnesse no lesse then others 6. It is Left to the People in this case to condescend upon what forme of government they think most expedient and most suteable to their temper and to the condition providence hath cast them into whether it be Monarchy or Arosticracy or Democracy or a mixed kinde for though God and Nature hath instituted Government yet not having determined any one forme to be the only lawful forme People are it liberty to walke here upon rational grounds and to consult their owne advantage next the glory of God and to make choise of that which all things considered promiseth most probable felicity unto them and of the several formes or Kindes of government all lawful in themselves to pitch upon what Kinde they think most expedient and conduceing to their ends This is assented unto by all Politians and so it followeth That it is meerly from the People that this forme and not another is made choise of 7. As neither God nor Nature hath determined the particular forme of government under which Men must live but hath left it as was said to their free choise so it is not determined how large or how little every politick society should be nor whether a people living at some considerable distance from other or more contiguously should joyne together in one and make up one body politick or whether they should erect moe distinct and independent Commonwealthes though possibly of the same extract and language Nature sayeth not that all in one Iland of one extract or of one language should become one Politick Body under one politick head We have heard of the time when there have been many Kings distinct and independent in one England And how many Kings there was at one and the same time in the land of Canaan no vast territory scripture tells us Nor hath Nature determined that distinct bodyes of people living in distinct and far separated places yea having distinct customes and languages may not when they see it for their advantage associate for setting up one Supreame Soveraigne over all So that this also is left to the free choise and determination of the People 8. When a free People have rationally and deliberatly condescended upon the forme it is in their power to condescend upon the time how long that forme shall endure and either prefix a certaine time at vvhich it shall evanish if they see it not expedient to continue it or reserve to themselves a liberty to alter it when they vvill Each of the sormes being in themselves lavvful People may choose vvhich they think best and though one Kinde of government vvill agree to some People better then another yet Bodyes of people being lyable to causal changes and these requireing formes suteable A people at the beginning guyded with reason may rationally foresee such changes and accordingly determine the first forme condescended on to continue longer or shorter time definite or indefinite It is not to my present purpose to determine vvhat a people may do as to this after their predecessours have once imbraced a forme and engaged themselves by oath never to change it Or vvhether it be lavvful to svveare unto any one forme 9. It is from the People that such persones and no other persones are made choise of to Governe according to that forme which they have condescended upon before this deed of the People no man can pretend to it all being equal and none over another by nature in any political capacity no man coming out of the womb into this world with a crowne on his head and a scepter in his hand and God as we here suppose immediatly and particularly designeing none nor without the least concurrence of the People instaleing any into that place of jurisdiction and therefore the People must do something in order to this and upon their deed it followeth that such as before were no lawful Magistrates nor had any formal political power are now Magistrates and Governours having lawful power and authority to exerce the function of a Magistrate for though the People do not institute the office of Magistracy and though the proper essential Magistratical power be from God and not from the People and though the parts and qualifications wherewith the Magistrate ought to be and the person which the people do pitch upon is actually endued be from God yet till the People do some thing all these do not formally cloath a man with Magistratical power nor make him a lawful Magistrate nor authorize him to assume that place charge for the present condition and temper of a people may call for a Monarchy as most fit and there may be among the Community now associated combined into one body moe persones then one alike well qualifyed for the charge yet no man will say that these because of their qualifications become eo ipso Monarchs nor can one create himselfe for what right and power hath he more than his neighbour as wel qualified as he Therefore it must be granted that the People create the Magistrate and make this man King and not that man Hence vve often read in scriptures of the Peoples making Kings Iudg. 9 6 I Sam. 11 v. 15. 2 King 10 5. 1 Chron. 12 38. Iudg. 11 8 11. 2 King 14 21. 1 Sam. 12 1. 2 Chron. 23 3. The Surveyer seemeth to yeeld this Pag. 102. See Gerhard de Magistratu § 49 89. Pag. 718 719. Althus Politic. Cap. 19. numer 103 c. 10. It is from the People that this way of election and not another is pitched upon There being several wayes how in constituted Republiks or Kingdomes the Supreame Magistrates doe succeed to other Some at the death of the former succeed by way of free election and he is chosen who
not useful as meanes for attaineing of these ends but prove destructive and stand in contra-opposition there unto and in this case must be supposed to have the same liberty to use such meanes as they were allowed to use in their primeve state that is to joyne together and associate the best way they can for repelling of what destroyeth these noble and important Ends and defend their Religion Lives and Libertyes But it may be the Surveyer or some for him will say That all this is nothing to the purpose because The state of our government and constitution is of a distinct and far different nature Ans As to this reserving what is further to be spoken on that subject unto the next chapter where we shall speak of the obligation of the Soveraigne unto the People these things seeme cleare and undenyable 1. That before Fergus the first was chosen by the People to be their King and Chiftane there were a people living in Scotland manageing their owne matters the best way they could 2. While they were in this condition we heare on none among them however possibly excelling others in wealth power wisdome and such like enduements that took upon them the Soveraignity otherwayes Fergus had not been the first King 3. When they thought of sending for Fergus and of making him King they were not acted as beasts but went rationally to work considering their present hazard from their adversaries and the advantage they would have by setting such over themselves and erecting a stablished policy 4. After the constitution and erection of the Kingdome they remained rational creatures sensible of injuries done unto them whether by their Kings or others as after experience manifested 5. Nor did their Kings after their election become Angels or Creatures above their reach but for male-administration oppression or tyranny were made to know they were Men as subject to erring and doing wrong so to examination tryal and condigne punishment for their injuries done to the Commonwealth 6. When they condescended upon Monarchy though as matters then stood they saw it most for their advantage to have a King yet none vvill say but they might notvvithstanding of that exigent have chosen an Aristocracy for a standing forme of government 7. When they compacted themselves into a distinct body and separated both from the Picts and from the Britones they might had they seen it for their advantage either joyned vvith the Picts or Britones and made one firme Commonvvealth vvith them or have divided themselves into tvvo or moe distinct Bodyes and distinct Republiks as they had seen it convenient No previous necessity save that they savv if for their only advantage to do as they did constraining them to the one more then to the other 8. When they made choise of a King they might if they had seen it good prescribed the time how long that Government should have endured whether until the death of Fergus or hovv long there after 9. When they made choise of Fergus vvho then vvas in Irland and sent for him they might without any injury done to any man have chosen any other they had thought most for their advantage and before they made choise of him He could challenge no power or authority over them nor could He be accounted their King and when they made choise of him and made him their King then and not till then was he their King 10. It was in their power to have named ergus without his successours by line and so have reserved power to themselves to choose of new another after his death and though they did include his successours by line yet their after practise declared that they had liberty to choose the fittest of the family when the nearest in the line was not judged fit for government which custome continued above a Thowsand yeers till the dayes of Kenneth the third 11. And when it afterward came to a lineal constant succession The sone had no right but by the constitution condescended on in the dayes of this Kenneth 12. That in all these resolutions and constitutions they levelled at nothing but their owne good and saifty is body and soul is beyond contradiction And finally their after practices did declare that they looked not upon themselves as rendered incapable by all those forementioned resolutions to defend themselves against manifest and unjust violence even of the King and his followers though this Surveyer Pag. 78. accounts these nothing but the iâ— surrection of Nobles against the Kings and violent oppressions of such of them as have been flagitious and tyrannous Yet they were cleare instances of the peoples reserving power to themselves notwithstanding of the constitution to defend their libertyes and lives from oppression and tyranny of flagitious and tyrannous Kings abusing their power and subverting the ends of governments and destroying what they were bound to maintaine and defend CAP. VI. Of the Covenant betwixt King and People Our Arguments hence deduced IT is no great wonder to see this Surveyer labouring to free the King from any covenant-obligation unto his Subjects when he and his party have proclaimed him exempted from his Covenant-obligation unto God and since the have put both consciences and wit upon the rack to finde out some plausible grounds of evasion that the King may be free from the Covenant which he swore with hands lifted up to the Most High God oftener then once with which however they may satisfy such as love licentiousnesse and to live above God's Law as well as man's yet God will not be so deceived let men dream what they will it should be no matter of astonishment to us to see them useing shifts whereby to bring the King from under any Covenant tye unto his Subjects But it might seem strange to us if we knew not the Men that when lawyers and polititians tell us that the King is absolutely bound unto his Subjects and the People obliged unto the King condionally see Hoenonius disp polit 2. and Iunius Brutus vindiciae contra Tyrannos quaest 3. and Althus pol. c. 20. n. 3. 21. cap. 38. n. 30. They on the contrary should averre that the people were absolutly bound unto the King the King not only not tyed conditionally but not at all unto the People But from what was said in the preceeding chapter it wil clearly follow That when a people do institute a Governement and do commit the Supreame Managment of affaires unto one or more They do it upon certane tearmes and conditions which conditions polititians ordinarily call fundamentall lawes others think that name not proper enough but whether we call them so or call them tearmes and conditions of the constitution of compact it is all one thing That there are certane tearmes and conditions on which the Soveraigne is chosen is cleare from these grounds 1. The man who is made Soveraigne by the People can pretend no right to the Soveraignity as was shewed before until he be
the law of the XII tables so it was in force whatever forme of government was exerced But syes he Prael 9. § 19. Hence it will not follow That People may when they perceive or cry out that they perceive their libertyes hurt in some things take armes without the Princes leave and violate all lawes and dutyes and so raise tumults and seditions Ans Neither do we say so nor resolve to draw any such conclusions therefrom but this is cleare that when the covenanted work of reformation is overturned laudable lawes establishing the same contrary to oath and solemne Engagement rescinded libertyes palpably violated People in humanely persecuted for adhereing to their Covenants c. and unjustly oppressed by the Kings emissaries people may then take armes in their own defence though the King should refuse to consent or should countenance the oppressours carry on that inslaving course Againe he sayes let any read and read over againe that sentence of Cicero and search every pairt of it where vvill he finde any vvarrand for Subjects to rise up against princes to injure them or dethrone them Ans We do not intend to search the sentence for that end it vvill suffice us if hence vve finde ground to conclude the lavvfulnesse of Peoples defending themselves against tyrannizeing Princes in cases of necessity and let him or any for him read and better read that vvhole period and narrovvly consider and examine every sentence and vvord in it and see if he can finde this condemned Ere I come to speak to the other particular I shall from this draw some few things useful for our purpose and 1. It is irrational and meer flattery to cry up and exalt the Soveraignes prerogative in prejudice and to the destruction of that for which both He and His Prerogatives are and were appoynted as subservient meanes the saifty of the People That being de jure his maine end and it being for this cause end that he is endued with such power and hath such privileges and prerogatives conferred upon him and allowed unto him He and his Prerogatives both should vaile unto this Supreame Law the saifty of the People so that when they come in competition The Peoples saifty of right is to have the preheminence 2. Since all other lawes municipal made and established in a free Realme must be subordinate unto this Principal and Cardinal law and have tendency to promove corroborate and establish it Then when any of these Lawes in their letter strick directly at the root of the saifty of the People and thoward and crosse that maine and highest law That law is Eaienus null and really no law So that it is but childish scrupulosity to start at the letter of a law when the Commonwealth is in hazard and it is but brutish ignorance to object the letter of a low against such as are endeavouring the saifty of the people which is the maine businesse and to preserve the Commonwealth from ruine and destruction against which no law is or can be of any force or value but null and of no effect for here it holdeth true that summum jus is summa injuria 3. Since Lawes themselves when in their letter they crosse this maine law must be accounted as no lowes really and de jure and may saifly be neglected and passed over when the Peoples saifty is in no small hazard by the strick adhereing to the letter thereof Then much more may punctilioes and law formalities be laid aside when the Commonwealth is in danger When there is a fire in a City all the formalities of order are not strickly to observed 4. Since The privileges and lawful prerogatives of the Soveraigne must vaile in cases of necessity unto this High and Supreame Law the saifty of the People Then no lesse must the privileges of a Parliament yield unto this for whatever privilege they enjoy it is in order to this end and the meanes must alwayes have a subserviency unto the end and when they tend to the destruction of the end they are then as no meanes unto that end nor to be made use of for that end 5. Though King and Parliament both should conspire together against the good of the Land yet di jure they have no power or authority to destroy that End and whatever they enact or doe tending to the ruine of this maine and principal good which they should have before their eyes as their end is ipso facto null 6. When acts and actings of King and Parliament tend directly and are made and done of purpose to destroy and overthrow the work of reformation in doctrine worshipe discipline and government which was owned and established by lawes with all formalities of law and was avowed by solemne vowes Covenants attestations protestations declarations and engagements of all ranks of People from the highest to the lowest and courses are laid doune to force and constraine People to renunce their Covenant with God to turne perjured apostates and when by acts and actings the fundamental tearmes conditions of our reformed constitution confirmed by unrepelable lawes by the King 's accepting of his Crowne and Scepter and all other Magistrates accepting their places upon these tearmes are overturned and when by an arbitrary and illegal tyranny no man hath security for his life his lands his libertyes nor his religion is not the saifty of the People in danger No man needs to say who shall be judge The Magistrates or the people For all who have eyes to see may judge whether the Sun be shineing or not and all who have common sense may judge in this case When these things are done and avowed they cannot be denyed and no man of reason or religion will deny the inference Hence then it is cleare that no man in reason can condemne the late act of defence which was the only meane left for preserving of that which all government and Governours should level at viz. The saifty of the People both in soull and body their Religion Lives Liberties Privileges Possessions Goods and what was deare to them as men and as Christians howbeit it vvanted the formality of the authority of Soveraine Parliament or Councel No man vvho vvill not deny this axiome can condemne them as Traitors seing they vvere noble Patriots and loyall to that Supreame lavv The saifty of the People As to the other particular concerning the absolute power of the Soveragne We say 1. That the Soveraigne is under obligations to his People and bound limited by conditions we have shewed above which conditions he is bound to observe see Hoen Disp Pol. 9. 2. That the Soveraigne is not exempted from the lawes of God none but profane gracelesse vvreatches vvill deny since he is a creature of God's and a subject to him and his servant Rom. 13. and therefore must not transgresse his lawes under the paine of high treason and laese Majesty It was but a base saying of an impudent whore Iulia
defend themselves and are mutually bound to assist and deliver one another So it now comes to be considered that seing the maintainance of truth and the true Worshipe of God were and are the principal ends and motives of contracting of Societyes and erecting of Governments whereunto both the People and Rulers are not only separatly every one for himself but joyntly obliged for the publick advancement and establishment thereof And that God doth therefore equally exact and avenge the sin of the Rulers only or of the People only or of any part of the People only upon the whole body of Rulers and People for their simple Tolerance and connivance without their active complyance with the transgressours of necessity both from the principles deduced and from the most visible judgments of God agreeable thereto there must be a supeperior and antecedent obligation to that of submission incumbent upon all both joyntly and separatly for the maintainance vindication and reformation of Religion in order to the promoving of these great ends of the publick profession of truth and true Worshipe which the Lord doth indispensibly require By vvhich any vvho read vvith judgment and attention and consider vvhat preceedeth and vvhat follovveth may see vvhat vvas that Authors scope and intention viz. to shevv in few vvords the lavvfulnesse of Peoples standing to the maintainance and defence of truth and the true Worship of God vvhen violated and enjured by these vvho by their places and callings should endeavour the establishing and perfect security thereof both from adversaries vvithin and vvithout as vvel as to the defence of their persones and libertyes vvhen wickedly persecuted for adhereing to God And that as it vvas not his scope and intention so nor will the words give ground to any vvho is not utterly blinded vvith prejudice and resolved to pervert the fairest and smoothest expressions that can be used to the end they may pervert truth deceive the simple who readily beleeve every thing to think that he pleadeth for any magistratical authority and povver to give out mandats and enjoyn execution upon transgressours in poynt of reformation of Religion unto privat persones Far lesse that he pleadeth for a povver due unto them to rise against and throvv dovvne King and all Magistrates supreame and subordinate and to use the vindicative punishing reforming povver of the sword even in case of defection in matter of Religion If any vvill but look to the end of that Paragraph they shall see this fully confirmed vvhere he is applying vvhat he said to the purpose he vvas upon viz. in vindication of vvhat vvas done by our first Reformers in the dayes of Mr Knox of whom only he is speaking in that part of his book for thus he speaketh and had not our Reformers great reason to feare and tremble least the manifest toleration of proud cruel and flattering Prelates who had perverted the lawful powers into bloody persecutors and of idolatrous Priests whose wickednesse and idolatry had corrupted the whole Land might involve not only themselves but the whole Nation in destroying and overflowing indignation Was there any such thing pretended or assumed by these Reformers but a power to defend and maintaine the true reformed Religion and their reformed Preachers against the malice of powers perverted and enraged against them by the bloody and pestilent counsel of the these idolatrous locusts and to hinder open and avowed idolatry which provoked God against the whole Land Did they ever arrogate to themselves the magistratical vindicative punishing and reforming power of the sword against all Magistrates Supreame and Subordinate Or doth Naphtaly say any such thing And yet this Surveyer because he cannot confute what is there nervously vindicated asserted and demonstrated That he may not be seen to do nothing for his hire he will thraw Naphtaly's words as he thinketh best and falsly and most impudently assert Pag. 83. That Naphtali sayeth Any party of meer private persones may rise against resist throw downe King and all Magistrates Supreame and Subordinate and in their Phinehas-like motions use the vindicative punishing reforming power of the sword especially in case of defection in matter of Religion and that there is a joynt obligation laying upon the people and every party thereof to vindicate and reforme Religion in a publick punitive way even against all Magistrates and Nobles and against the plurality of the people So that if any part of the people do think the Magistrates all of them or the plurality of the people patrons of abhominations any private party that think they have power enough may flee to the vindicative punishing and reforming sword and falt upon all Rulers and other whom they think to be in a defection and will boldly say that in truth they are so Who seeth not what perverting of truth is here When Naphtali only asserts that in case the Magistrate to whom the vindicative and in case of backslideing the reforming power is committed and who should make this his maine work shall turne the principal perverter and chief patron of these abhominations some other thing is required of the people then submission there lyeth upon them some obligation antecedent to that even an obligation to the maintainance vindication and reformation of Religion Which may be and is something distinct from that vindication and reformation which is incumbent on Magistrates even a vindication and reformation by way of maintainance of the received truth and hindering of idolatry and blasphemy or what is dishonorable to God pernicious to the commonwealth opposite to the true reformed Religion which may be done without arrogateing in the least that power which God hath committed to the Magistrates And this is far from useing the sword against the Magistrate and from throwing him down It is incumbent to the Magistrate to defend private subjects from Robbers and if they spoyl and robe a man's house to recover what is by robbery taken away but if he neglect this and rather patronize such Robbers It is a duty on the subject to defend his owne and vindicate and recover his goods the best way he can and who will say that it is an usurping of the Magistrates sword whereby he should punish Robbers defend the innocent and recover the goods of the spoyled or a riseing up aginst the Magistrate to dethrone him There is a private maintaining vindicateing and recovering of goods stollen which yet is active and may be effectual and there is a publick authoritative and magistratical defending vindicating and recovering The other may be incumbent to private persones in some cases when yet they do not usurpe this So in the Matters of Religion there is a private yet active and real maintaining vindicating and reforming of Religion when corrupted and there is a publick authoritative and Magistratical maintaining vindicating and reforming The former may be assumed by private persons in some cases without the least hazzard of incroaching upon this far more without
so for this offence all the land was punished because at least as it oft hapneth the people had not hindered it Then Pag. 52. he cometh to explaine his other assertion It is no lesse certane sayes he to us that if the Magistrate do not connive at the sinnes of Subjects nor neglect to curb and punish them the sins of the people shall no way be imputed to him he not being thereunto accessory in any way nor shall be punished for their sinnes which in his place and calling he is wrestling against Answ Yet we know that for the transgression of a land many are the princes thereof Prov. 8. v. 2. And that for a punishment to people God may even cut the dayes of a good prince and though we should grant that it were no proper punishment unto the good Prince yet materially and in it self it is a stroke But he addeth Also it is alike certane That private persons shall not have the sinnes of Magistrates or of the body of the people imputed unto them nor be punished for the same if so be they honestly endeavour to do all things against these sins which in their privat calling they are bound to do Answ Be this granted The main question will be if people can be said to have honestly endeavoured to do all things against these sinnes which in their privat callings they are bound to do if having power to withstand the committing of these evills or to remove them after they are committed yet they forbeare and suffer these things to be done and labour not to remove them He addeth If they keep themselves without any degree of acting these sins or any way of accession to them if they mourne and sigh for evils that are done if they be earnest in prayer that God may convert others from their evil way if they as they can have opportunity faithfully admonish and study to reclaime those who are out of the way and do such like Christian dutyes God will never enter in judgment vvith them for not doing violence to the authorityes that are above them Answ If the Surveyer would do no more then this he ought neither to be accounted a good Christian nor a loyal subject For if he saw the King about to cut his owne throat with a knife or about to do as Saul did fall upon his owne sword or runing doun a precipice to break his neck would any think he had had done his duty and exonered his conscience if he should not lead his hand unto that mischief nor thrust him doune the principice but should roare and cry God save the King and admonish and study with faire words to reclaime the King from that cruel deed would any think but he might have done more even if he had had strength enough have holden his hands and keeped him back from breaking his neck and yet never have been in any hazard or sinfully touching the Lord's anoynted or doing violence to the authority that God had set over him 2. And if Kings may be-resisted and with violence hindered from putting hands in themselves or from drinking a cup of poyson or doing some such deed which will or may prove destructive to their life and posterity without doing violence to the authority appoynted of God vvhy may they not also be hindered from doing that which will ruine their souls and prove destructive to their Kingdomes and bring on the curse and vengeance of God upon young and old without doing any sinful violence unto the authority And as in the former case a man could not but be guilty of the King's death who knew that it was a cup of poyson which he was to drink and did not having power to do it hinder him from drinking it So in this case they that have power to hinder the Magistrate from drinking poyson or doing what may be deadly to thousands of his innocent subjects and bring downe the curse of God upon him and his posterity and do it not cannot but be guilty of that sin before God and so cannot expect to be free of the punishment which God will inflict because of that sin as not having done even in their private callings what they were bound to do viz. not having used their power for the glory of God the good of the Soveraigne and his posterity nor for the good of the Commonwealth which they were bound to do He tells us moreover concerning that instance of Manasseh Ier. 15 v. 4. That the people were punished because they were shares of the guiltinesse not by not violent resisting which they were never exhorted to but by direct or indirect accession otherwayes Hos 5 ver 11. Ier. 5 v. 31. Ans 1. How could young children be accessory either by consent or any otherwayes to these courses of Manasseh 2. It were hard to say that even all who were come to the use of reason were guilty of accession unto these wickednesses who yet were carryed away captive such as Daniel Hananiah Mishael and Azaria and others 3. That there were many yea the far greatest part of the People who were guilty of hainous sinnes when the final stroke came cannot be denyed but that they were at that same hight of wickednesse which they were at in Manasseh's dayes is doubted 4. We shalll grant with Calvin on the place That Manasseh alone was not in that transgression but had many of the People consenting Yet as Manasseh himself was dead long ere the stroke came so were they and yet for that sin of theirs the posterity suffered Yea even notwitstanding that there interveened a National repentance and mourning for that National sin and National Reformation of these idolatrous courses in the dayes of Iosiah 5. Though it be true that the People after Iosiah's dayes returned to their vomite and had wickednesse enough of their owne for which God might have punished them yet it is very remarkable how that sin of Manasseh is particularly mentioned as if there had not been another to procure that stroke and certanely all who read the places cited before will easily observe that there is something more in them then an occasion taken to remember that dreadful time of Manasseh when the wickednesse began as the Surveyer sayeth in the following words 6. It was their sin I grant that they did consent and that sayeth that they should not have consented but have refused obedience unto the King idolatrous mandats and have hindered in their places an according to their power the setting up of these abhominations and should have adhered to the truth and worship of God as it was practised in the dayes of good Hezekiah his Father 7. He needs not say they were not exhorted to this violent resisting for it was but folly to speak of resistence to these who so willingly walked after the commandement and would not do so much as disobey 8. That place of Hoseah speaking of Ephraim's willingly walking after the commandment proves
without wronging of justice But we averre that it vvas the duty of privat persones to hinder so far as lay in their power the shedding of innocent blood the oppressing of the innocent and wronging the vvidow and fatherlesse If a Magistrate in a rage run upon an innocent person going by to kill him It is the part of any private person that is next to hinder the Magistrate from committing manifest murther without breach of justice order or the extent of his calling Bacause in that case he is not acting the part of a judge So a judge perverting judgment and manifestly oppressing the innocent is no judge authorized of God for that but a privat person and may as justly be withheld from murthering or oppressing as any other Man 2. They might presse them to relieve the oppressed though they did not incite them to pul the svvord out of the Magistrat's hand viz by hindering according to their povver oppression to be committed and this might be vvithout the least violence done to the Magistrate's power and authority as is shevved So might they move them to execute judgment not formally but materially by hindering justice according to their povver or labouring to have the lavv executed according to God's vvord 3. Lex Rex speaketh no such thing in that place as any vvill see vvho read it 4. It is but his ignorance to say that in this vve fearfully pervert the holy scripture 5. Hovv vvill he shovv that this doctrine tends to horrid confusion He tels us Pag. 50. That such pretences will not be wanting to the worst of men and the best Magistrate proceeding most legally shall never have security from seditious partyes Answ But sure his doctrine tendeth more to confusion for by it every Magistrat of the land hath povver to kill and destroy vvhom he vvill and thus Magistrates should be formally constituted wolves 2. But how oft will he put us to tell him that the best truth may be abused 3. But let him speak in earnest what would he do if he saw his wife carryed away by some drunken officers before a judge drunk as a beast so as he could neither hear nor speak sense who yet without further processe would condemne her to be brunt as a witch or executed as a harlot would he not labour if he had power to relieve his innocent wife out of the hands of these bloody oppressours What would he then do with his pretences Would these scar his tender conscience I suppose not And what if he saw the King without ground or colour of reason possibly upon a mistake runing in a rage to kill his wife or only son would he not help the innocent in that case and hold the King with force Or would he only assist them by prayers to God for them by consolatory words by giving counsel to them or by supplications to the Magistrate with all dutiful respects and if nothing could avail sit dovvne as having discharged his duty and vvould not resist more vvhich he thinketh is all vvhich is required of private persones Pag. 49. If so many might think he vvere accessory to the death of his vvife or childe and so possibly might the King when he came to himself and his rage was off him and he convinced of his mistake And if he vvould hinder innocent blood to be shed as rational people will easily think he might hovv shall he salve the matter for the vvorst of men may resist the best Magistrate proceeding most legally upon pretences that the King is in a rage he hath no shaddow of law or reason for him he is mistaken of the persones c. And would he think that in this case there were a necessary connexion betvvixt resistence and revenge and if he should have the upper hand in the matter of resistence could he not sit dovvn satisfied If he could then he may think that these tvvo may be seperated in exercise and practice in other cases as vvell as in his ovvne unlesse the fault be on the Magistrate's side Thus is answered also vvhat he hath P ag 49. for it is but the same thing which he hath in the place before considered He is tedious in his repetitions and therefore we Proceed to our arguments And. 1. If Humanity Brotherly Affection Christian Love Tendernesse and Compassion to a suffering injured brother call for help and releef at the hands of others according to their power and capacities Then none can justly blame or condemne the late risers for endeavouring in their places according to their power the releife of their oppressed brethren with violence when no other meane was left feasible or practicable Their Solemne covenants did engadge them to account each injury done unto any Covenanter upon that account as done unto themselves And to vindicate and maintaine the libertyes of the Subjects in all these things which concerne their Consciences persones and Estates and who can blame them for paying their vowes unto God 2. If this same duty was expresly required of the people of God of old that they should endeavour to relieve the oppressed and to prevent the shedding of innocent blood Then none can justly blame those late valient vindicators of justice and relievers of the oppressed But the former is true as the places above cited do show Therefore c. 3. If their forebearing had made them guilty before God of the oppression and bloodshed committed vvhen it vvas in their povver to help it Then they could not forbeare to do what they did without sin But the former is true The very Egyptians knew so much by the light of nature when by their law such as did not relieve the oppressed when it was in their povver vvere accused upon their head and if they vvere not able to help they vvere bound to accuse the oppressour or else they vvere to be vvhipped to endure three dayes hunger I shall close this chapter as I did the former with a testimony of famous Mr. Knox that it may be seen to be no nevv doctrine of ours In his admonition to the Commonalty of Scotland he hath these words neer the end These vaine excuses I say will nothing availe you in the presence of God who requireth no lesse of the Subjects then of their Rulers and if yee think that ye are innocent because you are not the chief actors of such iniquity ye are utterly deceived for God doth not only punish the chiefe offenders but with them doth he condemne the consenters to such iniquity and all are judged to consent that knowing impiety committed give no testimony that the same displeaseth them To speak this matter more plaine As your Princes and Rulers are criminal with your Bishops of all Idolatry committed and of all the innocent blood that is shed for the testimony of Christs truth and that because they maintaine them in their tyranny So are yee I meane so many of you as give no plaine confession to the
by their declarature This is hard if true for then a Parliament might sell them and their posterity for bondmen and bond women to the Turk for ever But we see no more reason for asserting an infallibility or absolutenesse of power in Parliaments then in Princes What furder But to say that all not only obedience but allegiance and fidelity due to any created power is indispensably restricted to this qualification in defence of Religion and liberty viz. of the Subjects is a most false assertion Answ He said not restricted to this qualification but thus qualified and thus restricted This must be either ignorance or worse in this pamphleter thus to wrong the author But vvhat vvas the authors meaning vve have shevved Let us heare The pamphleting Prelate It is knowne sayes he that a restriction excludes all other cases which are not in the restrictive proposition included c. Answ All this is founded upon his either wilfull or ignorant mistake for the author took not the restriction so as we have seen as to exclude all fidelity or obedience except in things tending immediatly and directly unto the good of Religion and Liberty of the Subject But so as that we might do nothing in prejudice of Religion and Liberty nor yeeld obedience to him in any thing tending to the hurt of either thus is our obedience to be restricted or qualified We deny not obedience even when the act of obedience cannot be properly directly said to be either in defence of Religion or the liberty of the subject So that we crosse not what the ministers said unto the doctors of Aberdeen for we take not that clause as exclusive that is that we shall never defend his person and authority but when he is actually actively defending Religion Libertyes but only as a restriction or qualification thus that we shall defend his person authority so far as may consist with Religion Libertyes And thus we agree also with the general assemblie 1639. for we say it is the Subjects duty to concurre with their friends and followers as they shall be required in every cause that concernes his Majesties honour yet so as that they do nothing to the prejudice of Religion or Libertyes But furder sayes he as to the poynt of allegiance or fidelity that is another matter then obedience Answ True when men will become very critical but the scope of the place showeth in what sense he took it not only as includeing an owneing of him as lawful and rightful King c. but as includeing also a promise of active concurrence in defending of him and his interest and so while this is urged in an absolute illimited unqualified or un restricted way he made it all one with obedience It is true a man may keep allegiance or fidelity to the King when he cannot obey his commands yet the clause of the Covenant respects allegiance as well as obedience in so far as we are not to defend his person and authority absolutely but in defence of the true Religion and Liberties of the Subjects Allegiance then is a comprehensive thing not only taking in an owneing of the King as rightful King and fidelity to his person crowne and dignity against conspiracyes and treasons but also an active concurring to promove his honour and dignity and to defend his person and authority And so all who say allegiance must be qualified according to this restriction do not meane every thing in allegiance but that which is expressed in the Covenants So that it is his ignorant inference to say That that which Naphtals sayeth is contrary to the confession of saith Cap. 23. § 4. which sayeth is difference in Religion doth not make voyd the Magistrates just and legal authority nor free the people from their due obedience to him unlesse he think the article of the Covenant interfereth with the confession of faith which he dar not assert but if he do assert it let us hear by his next what he will say to the Apologetical Relation Pag. 386. 387. 388. 389. 390. where that clause of the Covenant is vindicated He addeth It is the Lord's way for keeping humane societies from grosse disorders to allow to such as are in supreme power by lawful calling the honour due unto their place although in the maine things they pervert the Ends of government dishonouring him by a false Religion or seduceing others to their evil way Answ Do we say that honour is not due unto Magistrates of another Religion because we say that we must promise allegiance and obedience to them in the Lord and must not concure with them nor contribute our power unto them to the manifest detriment of Religion and Libertyes This is like the rest of this Man 's foolish inferences Or doth he think that we cannot give to Caesar the things vvhich are Caesar's unlesse vve give him also the things which are God's and are the Peoples Then he citeth Calv. Instit. Lib. 4. c 20. § 25. 27. But He speaketh nothing contrare to the businesse we are upon Doth he think that Calvin was of the judgment that People are bound to sweare absolute Subjection allegiance or fidelity and obedience to all wicked princes whatever right they may have to the place That subjects are bound to obey and to sweare allegiance in the Lord unto wicked Kings who denyeth do vve say that vvicked Kings because vvicked are eo ipso no Kings nor to be acknowledged as Kings What then doth this testimony make against thus But 2. will he stand to what Calvin sayeth Then he must condemne vvhat King and Parliament have done in taking the life of the Marquise of Argyle and say that they are guilty of innocent blood for by vvhat Calvin here sayeth vve were as much bound to acknovvledge Cromwel then vvhen he did Reigne as now to acknowledge the King for he speaks of all qui quoquo modo rerum potiuntur How will he then free himself from treason For sure in Calvine's judgment Argile did but his duty though he had done more and yet he was condemned as a Traitour can he reconcile this with Calvine's judgment So then our promiseing and swearing alleagiance fidelity and obedience to the King being with a reserve of our alleagiance fidelity and obedience unto the Supreame King of Kings and Lord of Lords and according to that due subordination and thus limited and restricted that we may do nothing against God or in prejudice of his interests no person can with any colour of law or conscience challenge or accuse any of Treason or Rebellion against the King when they preferre the interest of God unto Man's and labour to secure Religion and the interest of Christ unto which they are absolutely and indispensably obliged and from which obligation and alleagiance no authority of man can loose them nothwithstanding that in so doing they postpone the authority of man and their alleagiance thereunto and lay it by seing
it is of no force when it cometh in competition with the authority of God and is stated against that Religion which by divine authority they are bound to maintaine with hazard and losse of their lives goods and fortunes And therefore the late act of defence being according to their sworne alleagiance to God a necessary defence of Religion cannot be condemned of Treason or Rebellion though it wanted that formality of the authority of Subordinat powers As postponing the authority of inferiour Magistrates in act of obedience and duty of alleagiance unto the Superiour can be no proper disloyalty or rebellion so nor can the postponing of the authority of Superiour and inferiour Magistrates in poynt of obedience and performing alleagiance unto the most Supreame be really treasonable seditious or rebellious 2. If we be sworne to maintaine the King's person and authority in the defence of the liberties of the subject Then who ever preferre the Liberties of the Subject unto his person and authority are not Traitours or Rebels And so the late act of defence being for the liberties of the subject when they were basely betrayed sold and given away by a company conjured into a conspiracy against the same and were trode upon and violently plucked away cannot in conscience or in the law of God or according to any just law of man be accounted or condemned as an act of Treason or Rebellion CAP. XII Some moe Arguments Briefly proposed and Prosecuted WE have in the preceeding Chapters proponed and considered such arguments as gave us occasion to meet with what this Surveyer allaidged We shall here ere we come to consider his objections briefly summe up other arguments The worthy author of Lex Rex Quest 28. and 31. hath some which we shall here set downe partly because that book is not in every mans hand and partly because this windy man pretends to have answered much of that book though he hath not so much as offered to make a reply unto the six hundereth part thereof 1. Pag. 261. thus he argueth That power which is obliged to command and rule justly and religiously for the good of the subjects and is only set over the people on these conditions and not absolutely cannot tye the people to subjection without resistence when the power is abused to the destruction of lawes religion and the subjects But all power of the law is thus obliged Rom. 13 ver 4. Deut. 17 ver 18. 19. 23. 2 Chron. 19 ver 6. Psal 132. ver 11. 12. and 89. ver 30. 31. 2 Sam. 7 ver 12. Jer. 17 ver 24 25 And hath been may be abused by Kings to the destruction of Lawes Religion and Subjects The proposition is cleare for the powers that tye us to subjection only are of God 2. Because to resist them is to resist the ordinance of God 3 Because they are not a terrour to good works but to evil 4. Because they are God's ministers for our good But abused powers are not of God but of men are not ordinances of God they are a terrour to good works not to evil they are not God's ministers for our good 2. ibid That power which is contrary to law and is evil and tyrannical can tye none to subjection but is a meer tyrannical power and unlawful and if it tye not to subjection it may lawfully be resisted But the power of a King abused to the destruction of Lawes Religion and subjects is a power contrary to law evil and tyrannical and tyeth no man to subjection wickednesse by no imaginable reason can oblige any man Obligation to suffer of wicked men falleth under no commandement of God except in our Saviour A Passion as such is not formally commanded I meane a physical passion such as is to be killed God hath not said to me in any moral law be thou killed tortured beheaded but only be thou patient if God deliver thee to wicked mens hands to suffer these things 3. Ibid There is not a stricker obligation moral betwixt King and People then betwixt parents and Children Master and Servant Patron and Clyant Husband and Wife The Lord and the Vassal between the pilote of a shop and the passengers the Phisitian and the Sick the doctor and the Schollar But law granteth 1. minime 35. De Relig. sumpt funer If those betray their trust committed to them they may be resisted If the Father turne distracted and arise to kill his Sones his Sones may violently apprehend him bind his hands spoile him of his weapons for in that he is not a father Vasq lib. 1. illustr quaest Cap. 8. n. 18. Si dominus subditum enormiter atrociter oneraret princeps superior vasallum posset ex toto eximere a sua jurisdictione etiam tacente subdito nihil petente Quid papa in suis decis parliam grat decis 32. Si quis Baro. abutentes dominio privari possunt The Servant may resist the Master if he attempt unjustly to kill him So may the wife do to the Husband If the pilot should wilfully run the ship on a roke to destroy himself and his passengers they might violently thrust him from the helme Every Tyrants is a furious Man and is morally distracted as althus sayeth polit cap. 28. n. 30. seqq 4. Pag. 262. That which is given as a blessing and a favour and a scrine betwixt the Peoples Liberty and their bondage cannot be given of God as a bondage and slavery to the People But the Power of a King is given as a blessing favour of God to defend the poor needy to preserve both tables of the law and to keep the People in their libertyes from oppressing and treading on upon another But so it is that if such a power be given of God to a King by which actu primo he is invested of God to do acts of Tyranny and so to do them that to resist him in the most innocent way which is self defence must be resisting of God and rebellion against the King his deputy Then hath God given a royal power as incontrollable by mortal men by any violence as if God himself were immediatly and personally resisted when the King is resisted and so this power shall be a power to waste and destroy irresistably and so in it self a plague and curse for it cannot be ordained both according to the intention and genuine formal effect and intrinsecal operation of the power to preserve the tables of the Law Religion and Liberty Subject and lawes and also to destroy the same But it is taught by Royalists That this power is for Tyranny as wel as for peacable government because to resist this royal power put forth in acts either of Tyranny or just government is to resist the ordinance of God as Royalists say from Rom. 13 1 2 3. We know to resist God's Ordinance and Gods deputy formaliter as his deputy is to resist God himself 2 Sam. 8. ver
Com. Class 4. Cap. 20. Pag. 680. c. To which we answere 1. The question which he moveth Pag. 680. doth not concerne us For there he sayes that meer privat persones may not depose Kings or Princes or rise against them for this end Vt eos à dignitate seu gradu suo deturbent Now this is not our question which is concerning necessary self-defence in cases of extreame necessity 2. He grants it lawfull to inferiour Magistrates who set limites to the Prince if the Prince violat his compacts and break his Covenant to force him to stand to his conditions eum in ordinem cogere ac vi redigere ut conditiones pacta quae fuerat pollicitus compleat idque vel armis cum aliter fieri non possit Our Surveyer will not assent to this which Martyr sayeth notwithstanding he account him one of the most learned of our Protestants 3. It is true Pag. 682. he would have private persones enduring a Tyrant who commands contrary to equity and good lawes and suffer him patiently as we are to suffer patiently sicknesse But who seeth not that notwithstanding of this patient submission we may use resistence as we may use resistence by all lawful meanes to sicknesse and diseases 4. Though we should yeeld that such a Tyrant as he described should not be resisted viz. such an one as commandeth contra aequum bonum ac leges yet our case is different For not only are there such acts of iniquity commanded but also Subjects are compelled by meer force and cruelty to consent to and approve iniquous courses and our Magistrates are in a singular manner obliged to prosecute the Ends of a sworne Covenant which the Subjects desire to adhere unto and for adherence thereunto are persecuted in a most inhumane and cruel manner So that this is tyranny of a higher nature then what Peter Martyr speaketh of In the next place he citeth Rivet in Decal Pag. 233. and 235. But we answere 1. Rivet granteth it lawful unto all vim vi repellere to repel force with force a proveth it 2. In the place by him cited he is speaking of a private man's resisting the violence of another who if under pretext of exponeing the law of Nature should avenge himself privato appetitu vel contumaciâ or raise seditions against the Magistrates he should but abuse his power and liberty and this we grant But our case is of a Community to which Rivet speaketh nothing Yea 3. in the other place though he will not have a private person kill his Father or a Magistrate in his owne defence yet he granteth it lawful to resist so far as can be to hinder our owne destruction Id sayes he nos absolute sontimus de Parente Principe quibus licet quidem resistere quantum id fieri potest cum invadunt injuste eo fine ut impediamus perniciem nostram Whence it appeareth that Rivet is much for us for he acknowledgeth it lawful for a private single person to defend himself as much as is possible from the unjust assaults of Princes Much more then shall it be lawfull for a community to defend themselves against the King's Emissaries After Rivet he citeth D. Ames cons cas Lib. 5. cap. 20. But Doct. Ames speaketh nothing against us for he is summarily holding forth what is the duty of Superiours towards their inferiours and of inferiours towards their Superiours and among the dutyes of inferiours he reckoneth subjection and obedience but what calleth he this subjection Doth he meane thereby a stupide and absolute submission to all acts of Tyranny and opression No but such an acknowledgement of their power authority as hath with it a care to preserve the same unhurt Now this is consistent with resistence in cases of necessity A community may defend themselves from unjust violence of Magistratees and yet attempt nothing against their just power and authority but labour tenderly to preserve the same 2. It is true that he sayeth all violent insurrection is opposite hereunto and also contempt But that is violent insurrection against the power and authority and not against the person who is abuseing his povver to the ruine and destruction of the Commonvvealth for no body will deny but tyranny and the Tyrant as such may be despised and undervalued vvithout vvrong to the povver and authority if self So may that be resisted vvithout violation of the power 3. It is true he sayeth that subjection may be vvhere there is not obedience but wherein sayeth he doth this subjection consist In submissâ recusatione obedientiae quando illicitum esse constat quod a superiore mandatur in a submissive refuseing to give obedience And this is some other thing then a stupide submission to all acts of Tyranny 4. This same Ames Cap. 25. where he is speaking of Maagistrates and Subjects and shewing the duty of subjcets unto them puts subjection and obedience together § 16. Wherefore as hence it cannot follow because obedience is due unto them when they command things just and agreable to God's Law that therefore obedience is due unto them when they command things unjust and repugnant to the Law of God So nor will it follow that because subjection is due unto them when their power is not abused to the destruction of the Commonwealth therefore subjection is due unto them or non-resistence when they tyrannize over the consciences states and bodyes of their subjects and laboure to overturne all 5. It is true he sayeth Cap. 31. § 10. that the person invading may be such and there may be such other circumstances as that the person invaded may rather choose to die as to Kill But that speakes nothing to our case which is a resisting to the King 's bloody emissaries not by one private person but by a Community And since D. Ames in the same Chapt. § 4. 5. c. thinks it lawful for a private person to defend himself even by killing the aggressor when there is no other remedy he will abundantly justify our practice And likewise he alloweth this defence even in the behalf of others § 9. Rectè etiam extenditur ad defensionem non tantum nostâ—um sed aliorum innocentium Hoc enim postula lex ut proximum diligamus sicut nosipsos And therefore Amesius is much for us As for the two Papists Estius and Tollet whom he citeth they speak not against us who plead for the Liberty of self defence unto a Community against the Magistrate and not to every private single person neither plead we for a power of Killing Kings And if they were against us he could not have much reason to say that we joyned hands with Papists Thus are all his authorities from divines answered let us see what he sayeth further He tells us Pag. 25. 26. That when Lex Rex had in severral places such as Pag. 313. 314. 322. 463. vented that principle in reference to the civil governement That no man
the united and consocâ—ated body of the People preserve the whole associated body and her rights and are instructed with necessary power and authority which to performe they are obliged by oath 3. Hence really the power of the People is greater then the power of any delegated or constituted by them for the cause is more then the effect and the Parliament doth represent the People but the People do not represente the Parliament Therefore the power of the People must be more His povver who doth constitute another or depute him as a guardian to some businesse or to oversee some of his matters is greater then any povver vvhich that other deputed or constituted Curator hath Parliaments then being but as Tutors and Curators unto the People must have lesse povver then the People have mandans vero sayeth Althusius pol c. 18. n. 92. vel injungens alii rerum suarum procurationem est instar imperantis rogantisve suscipiens vero talem administraetionem instar obtemperantis inservientis officium suum alteri praestantis So that the Parliament is but a servant to the People and the povver of a Master is alvvayes superiour to the povver of a Servant as such 4. It is irrational to think that the People in chooseing the Ephori or Parliament-members and committing the administration of their weighty affaires unto them did denude themselves of all that innate and radical power which they had to manage their owne matters seing no urgent necessity could compel them to it nor any foreseen advantage or profite which thereby could redound unto them move them and perswade them thereunto but on the contrary much hazard and disadvantage might at the very first appeare upon such a surrender as this Much lesse could they denude themselves of that power of self defence which by no law of God or man they might law fully give away 5. Whatever power Parliaments have it is to be exerced and put in practice for the good and advantage of the People Their power is for the profite and not for the hurt of the People and to this scope and end should they level all their labours travails paines endeavours cares thoughts consultations conferences votes deliberations and conclusions L. Imperial C. de nuptijs L. bene a Zenone C. de quadr L. 8. C. de legibus L. praecipimus 34. C. de appell See Althus pol. c. 18. n. 7 17. 6. Hence Their power is not absolute infinite or unlimited but hath its owne bounds and limites over which it cannot lawfully passe They are to rule and do all for God and the good of the Realme whose servants they are They are the Ministers of God for the Peoples good Rom. 13. 4. 7. When they transgresse their true limites which no man will say is impossible by commanding what God hath forbidden or forbidding what God hath commanded in his holy law or when they seek not the publick good of the Land but their ovvne private advantage They are not but cease to be the Ministers of God and of the People and become private persons who ought not in these particulars wherein they goe beyond their bounds to be obeyed As sayeth Althusius ubr supra n. 41. and proveth by many authors And the reason is cleare for no inferiour can disannul God's Law or free us from subjection thereunto They have no power to command sin God never gave them such a power And the People could not give it for they had it not themselves neither had they a power to wronge and destroy themselves and so they could not give this unto them 8. If these Ephori or Trustees betray their trust and feel or basely give away the libertyes and privileges of the people which they were intrusted with the people cannot thereby be brought into a remedilesse condition or lose their privileges vvithout all hope of recovery If a Tutor waste and destroy the Pupil's Estate the law provideth a remedy for the Pupil If a commissioner or deputy betray his trust the master's losse thereby is not irremediable If an advocat betray a client's cause The client will finde some relief The peoples right sayeth althusius ubi supra n 124 suffereth no prejudice nor doth the Prince obtaine any more tyrannical power by the negligence perfidy deceit collusion treachery prevarication and conspiracy of the Ephori or primores regni with the prince for it is unjust absurd to affirme that the Ephori or parliament-men can transferre unto the Tyrant what they never had themselves or can destroy or alienate the rights of the Community in prejudice of the whole Realme and that contrare to the fundamental lawes of the land or such as the prince swore to maintaine and which containe the spirits and life of the Commonwealth From these irrefragable truthes so consonant to right reason and attested by learned politicians it will clearly follow 1. That the Peoples case is not vvorse by Parliaments then it would have been without them 2. That Parliaments cannot tyrannize by any law or right over People 3. That no treachery or perfidy of Parliaments neglecting their duty or betraying their trust can prejudge the people of their due rights and privileges 4. Parliaments not concurring with the People in their necessary defence cannot loose them from the obligation of nature to defend themselves from tyranny and intolerable oppression 5. If Parliaments in stead of acting the part of Trustees Tutors Curators Delegats and Servants shall turne Tyrants wolves Tygers and Enemies to the Commonwealth themselves of conspire joyne or enter into a confederacy with a Tyrant and so seek the destruction of the community The community is allowed to see to the preservation of their owne rights and privileges the best way they can 6. And so in some cases when the hazard is great the losse irreparable private persones may defend themselves against manifest Tyranny and oppression without Parliaments All this seemeth to be cleare and undenyable In thest Let us next see what way this shall sute or what more can be said for our case In hypothest And. 1. It is beyond contradiction that the late Parliament did basely betray its trust for politicians tell us That it belongeth to these Ephori To vindicate and maintaine the compact and Covenant which is betwixt the Prince and the People To keep the prince or the supreame administrator of justice within his bounds and limites that he turne not a tyrant or an oppressour of the People To hinder him from violating the law of God To restraine and coërce him from violating the lawes of the land and the rights of the kingdome To hinder the execution of the unjust and illegal decrees and mandats of the Prince To defend the proper and incommunicable rights and privileges of the People To cognosce whether the Supreame Magistrate hath done his duty or not and to hinder him from committing Tyranny See for these particulars Althusius Pol. c. 18. n. 48 55 63 65 68 83
become of the many acts of Parliament ratifying and approving these Covenants Are not all these cast avvay are not vve cast open unto the assaults of that bloody Beast what meaneth the great increase of the number of papists so that the very Parliament it self in their statute 8. sess I. a mok-act never put into execution sayd that the number of Iesuites Priests and Papists did now abound more then ever they did under the Government of his father and grand father What meaneth the rescinding and anulling the first act of the 12. parl of K. Iames 6. holden Anno 1592. in all the heads clauses and articles thereof in their act 1 sess 2. whereas that act did not also ratify and approve presbyterial government but did also ratify and approve all privileges libertyes immunityes and freedoms granted by his hieghnesse his Regents in his name or any of his predecessours to the true and holy Kirk established within the Realme and declared in the first act of Parliament Anno 1597. and all and whatsomeever acts of Parliament and statutes made before by his Highnesse and his Regents anent the liberty and freedome of the said Kirk and particularly the first act of parl Anno 1581. and all other particular acts there mentioned and this act Anno 1581. ratifieth all preceeding acts particularly that made in the reigne of Queen Mary Anno 1567. anent abrogating all lawes acts and constitutiones canons civil and municipal with other constitutions contrare to the Religion then professed and all posteriour acts namely such as abolished the Pope and his uspurped authority that anulled the acts made against God's word and for maintainance of Idolatry the act ratifying the confession of faith of the protestants of Scotland the act abolishing the Masse and for punishing hearers and sayers of the same acts made anent the admission of them that shall be presented to benefices having cure of ministry anent the King's oath to be given at his coronation anent such as should beare publick office hereafter anent teachers of schools anent the jurisdiction of the Kirk anent the true and holy kirk anent the ratification of the liberty of the true Kirk of God and Religion anent such as are declared not to be of the true Church And also the said act Anno 1592. ratifieth all other acts made in favours of the Kirk since the yeer 1581. So that by this late Act made Anno 1662. all the acts made in favours of the Church and of the protestant Religion are annulled and rescinded for there is no exception added but the said act in all its heads clauses and articles is declared null and voide Where is then our legall security for our protestant Religion and Libertyes of the Church Sure these things presage no good to the protestant Religion But 2. What way the King doth advance this blessed truth of the saving gospel if he meane hereby the protestant Religion we are to learne For his publishing in print that the Papists have been faithful subjects to him and his father whilest others under pretence of Religion had involved the Kingdomes in blood and by these Papists meaning with others the irish rebells who for promoving the Romish bloody designe executed that bloody Massacre in Irland the report whereof made all protestants to tremble and to stand astonished giveth us but small hopes that so long as he is of that minde he shall ever do any thing effectually for promoving or maintaineing the Protestant interest His advanceing of Papists to greatest places of publick power and trust England in Parliament Council Court Counteyes and the Army speakes rather an encourageing and inviteing of persons to turn Roman Catholicks His provideing a house for Fathers and friers speaks out no good intention and designe Let the Surveyer read what is said to this purpose in the Preface to Naphtaly 3. He tells us that the King is willing and desirous that the lawes be put in execution against Papists and perverters of sound doctrine But how cometh it then that there are no sayers of Messe and seminary Priests sentenced according to the law Did ever the King write to the Council for suppressing of Popery as effectually as he hath done for suppressing of conventicles Or did he ever chide the Council or depose any member thereof or any other inferiour Magistrate upon the account of their negligence in this But be it whose fault it will sure we are there is more care taken to search out conventicles then the meetings of Papists or Quakers Is the Towne of Edinburgh under such a bond to suppresse meetings for Masse and others of the like nature as they are for suppressing of honest Protestants meeting for the Worshipe of God according to the purely reformed Religion Did ever any Arch-Prelate procure an order from his Majesty to stirr up the leazye council to diligence in this matter Wherein I pray doth either the Kings willingnesse or the vvillingnesse of the Council or of other Inferiour Magistrates to have the lawes against Priests vigorously put into execution appear And where are we then when all Magistrates from the highest to the lowest connive at if not encourage countenance and approve of Papists and Popish idolatry and the true Worshipers of God are hunted out cast into prisones banished into America and Tangyr and made to suffer such inhumane Barbarities and all to pleasure the perjured Prelates who are more afrayed of a few honest seekers of God then if legions of Papists were swarming in the Land knowing how soon they would be willing to imbrace these serpents in their bosome and joyne with them to root out the Protestant interest whileas they hate the truly godly with a perfect hatred as being of principles irreconcileable with theirs and having ends before their eyes diametrically opposite to what these intend Yea where are we when almost all the Rules proposed by Adam Contzens the Jesuite for introduceing of Popery in his Polit. Lib. 2. Cap. 18. are so exactly followed as when he adviseth that 1. They proceed as musitians do in tuneing their instruments gradually and piece by piece 2. That they presse the Examples of some eminent Men as a meane to draw the rest 3. That Arch-heretikes that is most Zealous Protestants be banished all at once or if that cannot be done saifly by degrees 4. That such be put from their dignities and all place power of trust 5. That Protestant Religion be made odious by loading such of their opinions as are most obvious to a harsh construction 5. That they foment the quarrels that are among Protestant and strengthen that party that is most ready to comply with Rome 7. That they discharge and hinder all private conventicles of Protestants 8. That severe Lawes be made and rigorously executed though not against all yet against the most dangerous Who seeth not what a conformity there hath been and yet is betwixt the practices of this Apostate Popish Prelatical and Malignant
for their defence and preservation Then much more may they lavvfully novv joyne and associate together for their defence and preservation without making any such rupture or new erections but endeavouring to keep the old Society firme and intire undissolved and unweakened So that though his glosse should be admitted he doth but bewray the ignorence of his capricious braine to take the Medium for the conclusion And the antecedent will be granted by politians and is expresly asserted by Althusius Polit Cap. 20. Num. 20. in case the Prince keep not his promise but violate his faith and Covenant 5. Suppose also that this which he alledgeth had been the authors positive assertion can he hence inferred with any colour of reason that it was or is the designe of the author and his party to dissipate and dissolve the old setled frame of this Kingdome and erect new Commonvvealthes vvith nevv distinct Soveraignes Seing every one knovveth that many things are lavvful vvhich are not expedient convenient nor necessary that it vvere the result of no mature deliberation but of madnesse and folly to intend and designe such a thing vvhich though lavvful in it self yet all things considered vvere very inexpendient and unnecessary yea not only not advantageous to their ends and purposes but quite destructive thereof Novv since the Surveyer hath dravvne in this controversy by the eares and set it in the front of his learned and elaborat pamphlet vve must suppose him one vvho is vvell versed in this topick and can give a good account of his politick notions touching this quaestion But alas if he had a real adversary to deal vvith as novv he doth but faigne one to himself it is easy fighting against a man of stravv or one of our ovvne making his ridiculous and yet audacious folly vvould easily be made to appear his adversary vvould laugh as indeed he vvould have cause at the shakeing of his spear He maketh this the thesis which he undertaketh to confirme That when politick bodyes are setled in voluntary associations or whatever way in the course of divine providence they have been reduced to live under the same lawes and authorities and have continued long in the union of a common interest under the protection of magistracy to break off from the body in seditious secessions cannot but be displeasing to God and they are no other then firebrands confounders of humane society fighters against God and his ordinance who instigate People to cut off themselves from the body of the Common wealth whereof they are members But would not his adversary tell him that he had granted as much in the words immediatly preceeding as would make him and his position both ridiculous For he hath granted That the Lord hath not by any precept particularly determined the bounds of every embodied Political society There being some greater and some lesser acting under their several heads and souveraigne Magistrates And seing neither God nor Nature hath determined the quantity and extent of each Republicki or embodyed Politick Society what more affinity hath it with sinful sedition to say that greater bodyes may be divided and subdivided into lesser Republicks then to say that moe lesser bodyes may associate together to make one greater especially seing Politicians tell us that the ends of government are more easily attained in a lesser Republick then in a greater and that a mid way commonwealth neither too largâ— nor too little is the best as being lesse subject to vices and greater calamities as was to be seen in the Roman Republick before it was enlarged in the dayes of Marius Sylla Pompey and Caesar and is to be seen this day in the Commonwealth of Venice and the like as Althusius shewes us Polit. Cap. 9. num 11. The time was when all the World was under one head and after they were multiplied they became distinct Republicks without any sinful or seditious secession The time was when all thess westerne parts were under one Emperour and was nothing but a seditious secession caused by firebrands the ground of their becoming many and distinct Republicks The time was when Scotland England and Irland were distinct Kingdomes and under distinct Soveraigne Magistrates and what repugnancy were it either to the Law of God or nature to say they might be so againe So were there once Seven Kings in England at once and moe then one King in Scotland at once and by no reason can he prove that it should always be as it is at present but by the same reason his adversaries could prove him guilty of treason for he behoved to say that because we were once all under one Emperour we ought to be so still and that the King must either hold his crowne of the Emperour or be an usurper and a seditious rebel for in the course of providence we were then reduced under the same Lawes and Authorities and continued in the union of a common interest for some good space of time Yea and observe many of these civil Lawes yet Thus we see whither this advocate will drive the matter and how little service he doth his Majesty for all his rich recompence But it may be his arguments are cogent and binding He hath many words Pag. 4 5. to prove that this is contrary to Religion The sum is this Never greater perversion of government then in the times of many of the Prophets and in the dayes of Christ and his holy Apostles and primitive Christians and yet this was never their doctrine or sense Answ Is this all that he can say to prove that this is contrary to Religion Sure his adversary will think that he hath little Religion who sayth so and that he hath farlesse loyalty to his Master the King of Great Britane for why Because contrare to the doctrine of Christ and the Apostles and the sense of all the primitive Christians he acknowledgeth the King of Britane to be a distinct King from the Roman Emperour and not to depend upon him They never taught that Britane and Irland should be ruled by a King distinct from him and that these Islands should be separate from the Roman Empire and so the King holds his Crowne by usurpation and by an irreligious secession from the Empire which neither Christ nor his Apostles ever taught and must not this man and not we acknovvledge Iudas of Galilee and Theudas to be his Masters For they taught especially the first as Iosephus and Ruffinus out of him shevv us that no tribute should be given to the Roman Emperour and he vvil do the same and say that it should be payed to king Charles the II. Next his adversary vvould tell him that if this were held and maintained as a poynt absolutely necessary to salvation then his argument vvould say something But seing it is only held as lavvful and according as providence determineth it to be convenient or inconvenient to be practicable it is sufficient if the doctrine of the
teaching should be so far transported as to take the circumstantials of Religion for the greater and weighty matters of Law and Gospel without which known and beleeved none can come to God Can we think or can any but this wretch who feareth not God think that the observing of sacred Covenants made about the life and substantials of Religion as well as more external things is no great and weighty matter of the Law No humble understanding seeker of God but though he knoweth there is a difference betwixt the circumstantialls of Religion and the weightier matters of Law and Gospel yet as He will not account every thing circumstantial which this circumstantially substantial Prelat vvil call so so He vvill have a tender regard to every thing vvhich Christ hath appoynted in his house But I pray vvho can take his Man for one of these meek people vvho hath the promise of God's teaching vvho to obtaine a bishoprick a circumstantial in his account but really to him and his collegues a substantiall sappy thing to sensual carnal Epicures and bellygods and to such as care for no other portion but one in this life hath sold and given away the most weighty matters of Law and Gospel both And how he shall then come to God unlesse he repent I see not It may be the needle headed casuist hath found out a new way and if not sure and saife yet to his experience easy and honourable viz. by ascending from a Presbyter to a Prelate But whither next Exitus acta probat either backward or headlong downe the precipice Againe Who can think sayes he that an intelligent people should account that the concernes of Christ's Kingdome and their owne salvation do lye with so much stresse upon this poynt that the weakest and most ignorant Minister shall have a potestative parity with the Man of greatest gifts learning and knowledge that the minister weakest in his prudentialls should have equal authority in the managing of the matters of God's house with the wisest and one of the most noted prudence that the youngest rawest and most unexperienced Minister should have as much power in ruleing the house of God as the Man fullest of years whose judgment is consolidated and ripened for government and who hath for a long time given such documents of good and wise behaviour that makes him fitter to rule the younger sort then to be ruled by them Answ No doubt but ye are the people and wisdome shall die with you yee are the Men of greatest gifts learning and knowledge viz. to devoure cups loose the knots of Govenants and to lead people the broad way to hell you are the wisest and most noted for prudence in that carnal wisdome which is enmity to God and in that worldly way of selling soul and conscience to purchase greetings in the high wayes high places honours revenues Court stations Court rewards and Court complements c. You are the Men fullest of years whose judgment is consolidated ripened for government giving for along time documents of good and wise behaviour having not only your judgments stupidly blinded but consciences seared and ripened for a dreadful plague and of this have you for a long time given sufficient documents by shewing how chamelion-like you can change all colours and how wittily you can turne with all tydes and have a behaviour suteable for all companyes but the company of God's people O ye Seraphical Divines or or rather Dunces O ye sufficiently qualified for a bacchus barrel O ye sublime Doctors of the blake art of perjury O ye learned Clerks in the mysteries of the Kingdome of Darknesse O ye whose prudence is to saile with all windes O ye Men of judgment consolidated into a stone having no conscience and far lesse piety Doubtlesse you are the Men the only Men fit for the sole possessing of that potestative power and authority to manage the matters of God's house and to rule the young stirplings But every tree is known by its frute and whether your singular Antichristian supereminency or the Apostolick parity hath best mannaged the matters of Christ's house the present overflowing and abounding of Idolatry Superstition Sodomy Adultery Uncleanesse Drunkenesse Atheisme Ignorance Profanity malignancy hatred of piety persecution of godlinesse and such like abhominations and the villannies of these debauched creatures the Curates will to all serious and soberâ— onlookers determine And by the present face of affaires together with all that which what is already come doth presage compared with what was seen while Presbyterian government was in any vigour and integrity will make all that feare the Lord see that more of the concerns of Christ's Kingdome and their owne salvation lyeth upon that very poynt of the discipline of Christ's house then by many hath been thought and will be a sufficient confirmation that this parity and not their domineering superiority was the only forme of government established by Christ and his Apostles Moreover he sayes Or who can see the prejudice to Christ's Kingdome and precious souls if such a worthy person as is described be intrusted with inspection over other Brethren and Churches in a reasonable bounds not with a dominative or lordly power but paternal and fatherly not to do after his owne arbitrement and as one unchallengeable in his actions but to be regulated by acts of the Church and Land and to be responsible to his Super tours in case of maleversation not to rule solely but with the consent and Counsel of Presbysers Answ By this Tyranny in the Church all may see what prejudice doth dayly come to Christ's Kingdome and to precious souls who will but open their eyes By what authority should any clame that power of inspection over others and that in a most unreasonable bounds Is the power of the present Lordly Lord Prelates paternal Sure they must be step Fathers then and that of the cruelest kinde Have not the present Lordly Prelats as much dominative and Lordly power as ever they had in Scotland And do they not rule and domineer in the Church after their owne arbitrement Who is to controle them unlesse the good King but a gentle curb in some or their jawes to make way for greater rage and Tyranny What acts of the Church are these which regulate them Be-like the lawes acts which their owne lusts make within their owne breasts for they are the Church the holy Clergy and who but they Who are over them as Superiours Sure none but the King in their account and to him must they be responsible and if they forget not the Court-art but laboure to keep some chief courtiers on their side they know all will be well and they will hear no rebukes but well done good and faithful Servant but no Church judicatory is over them But Zion's King is above them and their Superiour also and he will call them to an account for their usurpation and Tyranny He tells us they rule