disput but what right Kenneth had to the crowne Now sure it is that before this conquest made he was crowned upon the same ground that his predecessours were his future conquest then uncertaine could not alter the ground of his receiving of the crowne when his father Alpin died 2. What ever superiority he might challenge over these Subjects unto whom he gave these new conquest lands it had no influence upon his holding of the crowne and that his very next successour and brother Donald knew who being given to his pleasures lost a noble victory which they had obtained over the Englishes and after he returned from captivity following his old life was cast in prison by his owne Subjects And his Son knew it also for he was put by the crowne conforme to the old law until this Donald died So that notwithstanding of all this new purchase the people knew that the conveyance of the crowne did still run in the old channel and was held of them after the old tenor His 4. Instance is of Robert Bruce whom our Lawes of Regiam Majestatem call Conquestor Magnus He re-conquered the Kingdom after the Nobility of Scotland had first at Berwick then at S Andrewes in plaine Parliament sworne homage to the King of England who will assert there were pactions betwixt him and the People Answ We know out of History what a miserable condition the Land was brought unto through occasion of that division and sad disput that was in it concerning the nearest in the line and this was the bitter frute that Scotland reaped of the change of that laudable custome established near the beginning of he constitution whereas had not that been changed in the dayes of Kenneth the third the fitest person to governe might have been chosen and that had prevented all this confusion and misery which the Land was brought unto 2. Though Bruce at length recovered the Kingdome yet he received not his crowne upon that account but before he attempted it's recovery out of the hands of the Englishes he was crowned King at Scone in Aprile 1036. and there received the Kingdom from the Scots upon the old account and according to the old tenor 3. Though he be tearmed a great conquerour as having recovered the Land out of the hands of the Englishes as if it had been a conquest when as it was really but a recovering of what he was bound by his place and power to recover yet we never finde that he claimed a right to the Land upon that ground of conquest but stood upon the old basis His fift last instance is of this King It is known sayes he our Nation was totally subdued by the English and continued so for the space of then yeers The Representatives of Shires and Cities and Townes combined into a Commonwealth government and sent their commissioners to the meeting thereof at London where the King's interest was disclaimed yet in a wonderful way God brought him in againe and finding us at his coming a fully conquered and subdued nation restored us to our freedome from the bondage of forraigners Answ 1. Through too great haste he hath forgotten a maine particular of this Instance Before we were totally subdued by the Englishes the King was crowned at Scone in as solemne a manner as ever any of his Predecessours except that he was not anoynted with holy Oyle nor gote the Pop's benediction and while crowned was solemnely engaged to the People by Covenants vowes and oathes to defend Religion according to the National Covenant and Solemne League and Covenant and to prosecute the ends of these Covenants and upon these conditions took his Crowne and Scepter Were we a conquest then 2. Ay but we were conquered afterward and our Representatives disclaimed the King's interest But how many were there of these Representatives And had these Representatives power commission from the Land to renunce his Interest Or were these all accounted Enemies to the King How is it then that so many of them are now accounted his most loyal Subjects and more loyal then such as suffered much because they would not take that Tender disclaming his interest how comes it that that Arch-knave Sharp sufficiently now knowne by that name and notion both to King Court and Countrey who was the only Minister so far as I know in all Scotland that took that tender is advanced unto in stead of a gallowes an arch-prelacy and primacy But 3 when the King returned did he make a re-conquest of us what meaned then that compact betwixt Monck and the Nobles and others of Scotland whom he sent for unto the borders and to the end he might more closely carry his businesse made them all to abjure Charles Stewart and his interest a sad presage of what would be our Epidemick distemper when our change or turne begane with manifest perjury did he not a acquante them with his designe and had he not their concurrence and if he had wanted this and had thought that Scotland would have been an adversary unto his designe would he or dursl he have attempted it 4. What way did the King restore us seing if he would speak the matter as it was it was Monck that restored him and us both as to any restauration we gote vvere not vve and he restored together What did he for our restauration vvas He not as passive as we were and some what more 5. Hence then it is false that he found us at his coming a fully conquered and subdued nation He rather left us so as found us so for we were restored to what we gote pari passu vvith himself 6. It is true at his coming though not by him vve vvere freed from the bondage of forraigners but as for the freedome we vvere restored unto vve are yet ignorant of it and see and feel heavier bondage both as to Church and State then vve did under strangers of forraigners But he addeth If any will say That it was upon his account the Nation was brought to the suffering of that bondage and that there did lye bands upon him as our sworne King to free ws when he should be in capacity to do it It may be answered 1. It is knowne that when the faâ—al stroke that sunk us into bondage was given there was an expresse disowneing of his right by publick judicatories of the land in the quarrel with the English Sectaryes before Dumbar Answ He should first have removed this objection It was upon the Kings account that the English army did invade us had we forborne to have sent commissioners to have called Him home The Englishes would never have invaded us for that was their only quarrel Because we had taken the Head of the Malignant faction Into our besome and so had we for-borne to have owned his quarrel we had neither been invaded nor subdued by them and there had not been so much of our blood shed as there was And is this all the thanks that
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
think that these Representatives having no expresse commission to renunce Charles Stewart and his interest from the land did break their allaigance why did not the King execute the law against them as traitours as he did against some under that pretext but really for their faithfulnesse to the Covenant as is made out by the Apologist why did he seem to approve what they did by Countenanceing them so much as he hath done since his returne 3. Doth not himself say that the Nobles and Body of the Land were well enough affected to the King and cordially loved him when they were overpowered and could do nothing Sure then the land did not break vvhatsoever some men did Ay but sayes he in lavv this vvould be reckoned their deed Very hardly since they gave no commission for such a deed If he say that they virtually gave such a commission in that they sent their commissioners unto the commonvvealths Parliament It may be answered that not only that was a constrained and extorted act but that as matters then stood no lavvyer no politician nor divine vvould condemne such a deed as sinful or unlavvful or as prejudicial to the Kings interest to send commissioners to a meeting at command of the Conquerour to labour for a mitigation of their bondage and for proposeing some things for the good of the land vvhen their ovvne King vvas banished from them vvithout all hope of a returne and they for his sake vvithout any treachery or perfidy in them reduced to a state of bondage 3. But since the King at his returne laide claime to no nevv right but stood upon the old ground and upon this account vvas crovvned in England vvhere he had not been crovvned before and vvas not crovvned in Scotland because he had been crovvned there formerly all these quircks are to no prupose for the King returning upon the old claime acknowledged the former constitution and re-assumed his auncient Kingdome upon the same tearmes he did before which is also furder confirmed by the act of indempnity which he passed and other acts and deeds which weer needlesse now to mention 4. We shall easily grant that when a sworne People desert and disclaime their King by their Representatives The King also may take the benefite of the conditional Covenant and leave them and so might King Charles have done and never owned us more and if he had done so and gone to some other part of the world to have spent his dayes as some would not have been grieved so I think both lawyers and divines would have thought him loosed from his obligation to the people though not wholly from his obligation to God But now since he did not so but took the first occasion that was feisible and returned to his old station and relation all the old bonds and engagements which he took in these relations recurred with their former force and vigour and he became no lesse bound then ever yea before the Lord rather more because the goodnesse of God in restoreing him without blood should have engaged his heart so much the more unto God to his former vowes and Covenants 5. What way he laboured our vindication into liberty I know not and if it be his Majesties graciousnesse and wisdome as well as his conscience of duty that would not let him walk after the counsel of these men as he sayeth many think that we are yet to see these commendable dispositions for the effect mentioned is not visible for after the counsell of whomsoever he hath walked sure we are he hath broken the Bonds and Engagements which he took on him both before and on the day of his coronation He hath rejected the Covenant which he made with God upon his knees with his hands lifted up unto the Most High and overturned that which was the Chief of our fundamental lawes or tearmes of our constitution as we see this day and this is knowne that of these who are most injured by him now and presecuted there were fewest that failed to him in that day and therefore his graciousnesse and wisdome and conscience of duty should have caused him remember these who could not out of conscience of their obligation to him by vertue of their Covenant take that Tender which others to save themselves from a little suffering swallovved dovvne vvithout much difficulty and not have made them the objects of his ire and indignation as he hath done and is doing to this day 6. He tells us that He may assert that the People of Scotland do rather ovve their liberty to him then he his authority to them But vvhat this bold assertor sayeth is not much to be valued vvho these People of Scotland are vvho ovve their liberty to him I knovv not unlesse he meane the abjured Prelates and their base naughty scandalous Underlings the scumme of the earth the shame of the Church and the disgrace of the Ministry who novv have freedome from Church-Discipline and civil censures and license to corrupt the vvord of God to destroy soulls to tyrannize over consciences to oppresse the People to inslave the subjects and to lead back the People into Egypt And the dyvour Lords and others vvho because of their licentious luxurious sensual and brutish lives vvhich they lead like so many Epicures having devoured their ovvne Estates and are novv so drouned in debt that if the poor could have but liberty to seek their ovvne and if justice vvere running like a streame durst not be seen must novv have acts made in their favours liberating them from the sentence of the lavv and allovving them to presse upon their creditours the most barren frutelesse and uselesse of their lands and that at tvventy years purchase after they have by manifest iniquity vvithheld aught yeers annualrent vvhich is near the equal half of the principal summe and such others acts of that nature Is this the liberty he talkes of That a fevv shall have liberty to drink avvay and vvith debauchery destroy the substance of the land and vvaste it upon vvhores and cups If these ovve that liberty unto him I am sure he vvill have little reason ere all be done to ovve his standing unto them When the anger of God shall beginner to kindle and his vvrath shall be revealed from heaven against all ungodlinesse and unrighteousnesse of men But lastly vvhat if vve should grant him vvhat he dar not in plaine tearmes require viz. That the King ruleth over us novv jure conquestus Sure he must then be Tyrannus sine titulo a Tyrant vvithout a title for his old title being gone and expired he had no nevv title vvhereupon to ground the lavvfulnesse of his conquest and therefore by his scope and drift here he proclaimeth a liberty to all the People of Scotland to carry tovvards him as an usurper to seek to dethrone him and to cut him off for Polititians vvill grant that a Tyrant vvithout a title may be so dealt with And thus
contrary criminal and guilty with your Princes and Rulers in the same crimes because you assist and maintaine your Princes in their blind rage and give no declaration that their tyranny displeaseth you This doctrine I know is strange to the blinde world but the verity thereof hath been declared in all notable punishments from the beginning vvhen the Original vvorld perished by vvater vvhen Sodome and Gomorah vvere punished by fire and finally vvhen Ierusalem vvas horribly destroyed doth any think that all vvere alike vvicked before the vvorld Evident it is that they vvere not if they be judged according to their external facts for some were young and could not be oppressours nor could defile themselves with unnatural and beastly lusts Some were pitiful and gentle of nature and did not thirst for the blood of Christ and his Apostles but did any escape the plagues and vengeance which did apprehend the multitude let the scripture witnesse and the histories be considered which plainly do testify that by the vvaters all flesh onâ—arth at that time did perish Noah and his family reserved That none escaped in Sodome and in the other cities adjacent except Lot and his tvvo daughters And evident it is that in that famous city of Ierusalem in that last and horrible destruction none escaped God's vengeance except so many as before were dispersed And what is the cause of this severity seing that all were not alike offenders let flesh cease to disput with God and let all men by these examples learne betimes to flee and avoyd the society and company of the proud contemners of God if that they list not to be partakers of their plagues The cause is evident if we can be subject without grudging to God's judgments which in themselves are most holy and just for in the original world none was found that either did resist tyranny nor yet that earnestly reprehended the same In Sodome was none found that did gain-stand that furious and beastly multitude that did compasse about and besiege the house of Lot and finally in Ierusalem was found none that studyed to reprepresse the tyranny of the priests vvho vvere conjured against Christ and his Evangel but all fainted I except ever such as gave vvitnesse vvith their blood or flying that such impiety displeased them all keeped silence by the which all approved iniquity and joyned hands with the Tyrants and so were arrayed and set as it were in one battle against the almighty and against his Son Christ Jesus for whosoever gathereth not with Christ in the day of his harvest is judged to scatter and therefore of one vengeance temporal were they all partakers will God in this behalf hold you as innocents be not deceived dear Brethren God hath punished not only the proud tyrants filthy persones and cruel murtherers but also such as with them did draw the yoke of iniquity vvas it by flattering their offences obeying their unjust commands or in winking at their manifest iniquity All such I say God once punished vvith the chief offenders Be ye assured brethren That as he is immutable in nature so will he not pardon you in that which he hath punished in others and now the lesse because he hath plainly admonished you of the dangers come and hath offered you his mercy before he poure forth his wrath and displeasure upon the disobedient So in his Exhortation to England P ag 107. No other assurate will I require that your plagues are at hand and that your destruction approacheth then that I shall understand that yee do justify your selves in this your former iniquity absolve and flatter you who list God the Father His son Christ Jesus his holy Angels the creatures sensible and insensible in heaven and earth shall rise in judgment and shall condemne you if in time you repent not The cause why I wrape you all in idolatry all in murther and all in one and the same iniquity is that none of you hath done his duty none hath remembered his office and charge which was to have resisted to the uttermost of your power that impiety at the beginning but you have all follovved the wicked commandement and all have consented to cruel murther in so far as in your eyes your Brethren have most unjustly suffered and none opened his mouth to complaine of that injury cruelty and Murther I do ever except such as either by their death by abstaining from Idolatry or by avoiding the realme for iniquity in the same committed and give testimony that such an horrible falling from God did inwardly grieve them But all the rest even from the highest to the lowest I feare no more to accuse of idolatry of treason committed against God and of cruel Murthering of their brethren then did Zecharias the son of Iehojadah 2 Chron. 24 ver 20. feare to say to the King Princes and People of Iudah Why have yee transgressed the commandements of the Eternal God it shall not prosperously succeed unto you but even as ye have left the Lord so shall he leave you And againe Pag. 109. But let his holy and blessed ordinances commanded by Jesus Christ to his Kirk be within the bounds so sure and established that if Prince King or Emperour would interprise to change or disannul the same that he be the reputed enemy of God and therefore unworthy to reigne above his people Yea that the same Man or Men that goe about to destroy God's true Religion once established and to erect idolatry which God detasteth be adjudged to death according to God's commandement The negligence of which part hath made you all these only excepted which before I have expressed murtherers of your Brethren denyers of Christ Jesus and manifest traitours to God's Soveraigne Majesty Which horrible crimes if ye will avoyd in time comeing then must yee I meane the Princes Rulers and People of the realme by solemne Covenant renew the oath betwixt God and you in that forme and as Asa King of Iudah did in the like case 2 Chron. 15. This is thy duty this is the only remedy O England to stay God's vengeance which thou hast long deserved and shall not escape if his Religion and Honour be subject to mutation and change as oft as thy Rulers list The-reader may consider also what he sayes to this in his discourse with Litingtoun who was of this Surveyer's judgment History of Reformation Lib. 4. This is consonant likewise unto our confession of faith authorized by King Iames and Parliament Anno 1567. Act. 14. where among good works of the 2 table these are mentioned To honour Father Mother Princes Rulers and Superiour powers To love them to support them yea to obey their charge not repugning to the commandement of God to save the lives of innocents to represse tyranny to defend the oppressed c. the contrary whereof is To disobey or resist any that God hath placed in authority while they passe not over the bounds of their office to
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
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
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