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
JUS POPULI VINDICATUM OR The Peoples Right to 〈…〉 and their Covenanted R 〈…〉 Wherein the Act of 〈…〉 and Vindication which was interprised Anno 1666. is particularly justified The lawfulnesse of private Persons defending their Lives Libertyes and Religion against manifest Oppression Tyranny and violence exerced by Magistrats Supream and Inferiour contrare to Solemne Vowes Covenants Promises Declarations Professions Subscriptions and Solemne Engadgments is deâ—â—â—strate by â—any Argumâ—â—ts Being a 〈◊〉 Reply to the first paâ—â— of the Survey of Naph 〈…〉 c By a Friend to true Christian Liberty PSAL. LXXIV Ver. 20 21 22 23 〈…〉 e unto the Covenant For the dark places of the earth are full of the habitations of cruelty O let not the oppressed returne ashamed Let the poor and needy praise thy name Arise ô God plead thine own cause Remember how the foolish man reproacheth thee dayly Forget not the voice of thine Enemies the tumult of these that rise up against increaseth continually HOS I. ver 7. But I will have mercy upon the house of Judaâ— and will save them by the Lord their God and will not save them by bow nor by sword nor by battel by horses nor by horsmen Printed in the Year MDCLXIX CHRISTIAN READER IT will not I suppose be very necessary to make any full Relation or large Deduction of the occasion and first rise of this debate The same being not only fresh and recent to all both Friends and foes who have been Spectators of the great and wonderful workings of God in our Land but the memory thereof if it could be so soon obliterate is revived a fresh by the constantly renewed acts of Tyranny and oppression which from yeer to yeer The Powers acted by the same Spirit of Enimity to the Cause and Interest of Christ are exerceing upon the account thereof So that the Continual rage and Constant opposition which the ingrained adversaries of the Glory and Kingdome of our Lord Jesus Christ are dayly acting and making against all who desire to keep a conscience void of offence both towards God and Man and to remember with some sense and feare their solemne vowes and Sacred engadgments unto the Most High will not suffer us to forget how that After our Land was solemnely deâ—â—uted unto God by Solemne Covenants and indissoluble 〈◊〉 and the defence of the Reformed Religion in Do 〈…〉 Worshipe Discipline and Government become 〈◊〉 condition yea the basis of our political constituâ—ion The King not only by his solemne and sacred oath swearing and by his hand writeing subscribing and so fully owneing and approving the same but upon these tearmes and conditions accepting the Royal Crowne and Scepter in the day of his solemne inauguration The People also upon the same tearmes promiseing all subjection and obedience in the Lord And afterward in full Parliament confirming ratifying and approving the same and thereby giving all the security which either Reason Law or Religion could expect or require That all the Ends of these holy Covenants should have been in all time comeing really sincerely and constantly prosecuted by King and Nobles and all ranks of persons within the Land with one heart and minde and consequently That the evils particularly That accursed Hierarchy fully and for ever abjured in these Everlasting Bonds should never be countenanced owned or favoured far lesse re-intro-duced and established and after for our owneing of these necessary things and of the Kings interest in subordination thereunto we were invaded by the English and the Lord who for his his owne holy Ends saw it necessary and doth whatsoever he will in Heaven and in Earth so disposeing overcome and brought into bondage full Ten Years and at length The King who was forced to flee out of all his Dominions returning in such a remarkable and signal way without blood as might have engaged his heart more firmely then ever unto that God who had done such rare and unexpected things for him and made him more then ever fixedly resolve to owne Him and his holy Interests according to his former Vowes Oathes Subscriptions Covenants and Declarations and rationally ascertaned his Subjects that these necessary and good things should not only never be overturned and ranversed but also with greater Zeal and resolution established confirmed and prosecuted then ever formerly how instead of this No sooner did the report of his Majesty's returne come abroad but all the generation of malignants who had ever been heart enemies to the work of God which was carryed on in the Land did lift up theiâ— head insult over the People of God with all their might according to their ordinary insolency spew out their Venome against the work of God and at length obteaning power did raze the same unto the very foundations anull and rescinde all Acts all Covenants all Resolutions and Conclusions which had been made and taken for setling and secureing the Reformed Religion in Doctrine Worshipe Discipline and Government condemne all which had been done in carrying on the Work of Reformation as pure and manifest Rebellion and having re-intro-duced and established abjured Prelacy with all it 's concomitant abhominations did enact and enjoyne most tyrannically a full conformity unto all these abhominations and presse in a most horrid and arbitrary manner the faithful Servants and seekers of God to a complyance with these accursed and ever to be abhorred courses and upon their simple refusal did violently and barbarously eject the faithful Servants of Christ banishing some out of all the three Dominions incarcerating others after thev had imbrewed their hands in the blood of the best of our Nobility and Ministry and chaseing by their irrational and brutish acts multitudes of them from their flocks and familiars and then having in an antichristian manner thrust in upon the People a crew of the basest and naughtiest wreatches the Earth did bear by their cruel and tyrannical acts compelled constrained the couscientious seekers of God to accept of countenance owne and constantly hear such as lawful Ministers lawfully called and sent of God and when honest People considering both the way of their entry to be Antichristian their doctrine false and erroneous their conversation scandalous and abhominable their qualifications rather such as sute the publick Ministers of Satan then the called Servants of God their whole deportment a manifest demonstration to all onlookers that they were never called of God unto that work and considering how iniquously their owne faithful Pastors and Fathers had been thrust from them and how by their solemne Oath they stood obliged to the constant keeping of a perfect antipathy unto every part and pendicle of that abjured Hierarchy and unto what was contrary to sound doctrine and to the power of godlinesse and to the work of Reformation and Reformed Religion in Doctrine Worshipe Discipline and Government did forbear to yield obedience unto these antichristian and iniquous Lawes did by their arbitrary and barbarous executions what by
for that truely divine zeal vvhich would more eate us up for the house of God which is desolate and his precious interests which are perfidiously sold and wickedly trode under foot and which would make us never to sit downe satisfied with any concessions or favours how specious soever until we saw our King restored to his owne and brought back to his throne and Kingdome with shoutings and acclamations of joy O dearly beloved stand fast And beware I say of snares but haveing done all stand with your loins girt about with truth and your feet shod with the preparation of the gospel of peace as you have not been frowned out of your integrity so take head ye be not flattered out of it be not so simple as to beleev every word that is spoken for he must shut his eyes and love to be blindfolded who doth not perceive that while the men that lye in wait for your halting and designe to draw you into a compliance with their course of opposition to the work of God speake fair there are seven abominations in their heart Let your eyes be in your head Hold fast what ye have that no man take your crowne The devil is changeing weapons upon you with a designe to give you a parting blovv be vigilant resist him under every shape whereinto he transformeth himself that he may assault overcome you so shall he at last flee from you and ye shall be more then conquerours through him who hath loved you your Exit though upon a scaffold will be unspeakably joyous and full of glory and when ye have made it appeare if called there to that ye love his interests so well that ye continue not to love your owne lives unto the death then shall ye be associat with your blessed brethren and fellow sufferers who overcame the same enemy that continues to make war vvith you and the remnant of the vvomans seed be the blood of the lamb the word of their testimony Ye have not only the advantage of all your persecuters but of many of the professed yea real friends of the vvork a great many of vvhom vvhen called by the same providence to appeare vvith you unto the help of the Lord against the mighty did couch under their burdens and abode amongst the sheepfolds to hear the bleatings of the flocks vvhile like true Naphtali's ye jeoparded your lives in the high places of the field some of whom it may be have added grief to your sorrow have condemned your riseing to justiy their owne sinful shifting and sitting that opportunity against whom we know ye meditat no other revenge then still to love many of them as brethren pray that their leaving you alone may never be laid to their charge And of some also who pretending respect to the cause did a great deal worse by associating themselves with that enemy vvho with open mouth did come upon you to eat you up the expectation of whose heart may be dreadful when he cometh to make inquisition for the blood of his saints and they may tremble at the thoughts of being led out width these workers of iniquity with whom they joyned themselves in the day of your distresse I wish that repentance may prevent this ruine ye have I say the advantages of these have obtained mercy of the Lord to doe and suffer for his sake while many of your brethren have fainted and fled keep your ground for ye are satans great eye sore he seeks you to shake and winnow you with the smooth flattering insinuations of the men vvhose great designe is to secure and setle themselves on the ruines of the vvork of God and seem to offer some thing if ye vvill give them security for your keeping the publick peace that is if ye vvill never offer to put out your hand to strip them of the spoiles of Christ's honour whervvith they have cloathed themselves this is to keep their publick peace to let them live in a peacable possession of vvhat they vvith vvicked hands have taken from Jesus Christ and never to trouble that vvatch vvhich they have set about the grave of his buried interests for fear of its resurrection But I hope that he who hath delivered your soul from death and preserved you vvhile they hunted for your precious life will also deliver your feet from falling that ye may holding still your integrity vvalk before God in the light of the liveing And though the Lord think good to hide his face for a time Let us waite on him who hideth his face from the house of Israel and let us look for him vvho knovves but he be waiting that he may be gracious and that he will be exalted that he may have mercy upon us For the Lord is a God of Judgment blessed are all they that waite for him who knovveth but the vision be only for an appoynted time aud at the end it shall speak and not lie therefore though it tarry let us waite for it because it will surely come and will not tarry Then they vvho are our enemies shall see it and shame shall cover them who said unto us where is the Lord your God Our eyes shall behold them and they shall be troden down as the mire of the streets vve shall no more be tearmed for saken neither shall our land be tearmed any more desolate but we shall be called Hephzibah and our land Beulah vvhen our Lord shall delight in us and our land shall be marryed Let our King come and make haste To him be glory for ever and ever AMEN ERRATA PAg. 3. Lin. 34. Read sincerely p. 12. l. 18. r. there may p. 34. l. 6. for this r. his p. 38. l. 21. r. from a Ibid. l. 22. r. difference p. 71. l. 20. r. mightily p. 79. l. 27. r. precedents p. 83. l. 23. r. Aristocracy p. 98. l. 34. r. Kings p. 1 l. 17. r. at p. 151. l. penult for is r. his p. 188. l. 4. r. politician p. 224. l. 13. r. precipice p. 237. l. 33. for only r. cheif p. 256. l. 15. r. absurd p. 311. l. 13. for virmilion r. nitre p. 429. l. 31. r. his cause p. 437. l. 7. r. this READER IF in some Copies thou finde some moe such like or some other through the transposition of Points or Letters or one Letter for another as n. for u. or t. for r. or s for f or the like that will not readily marre the sense thou mayest be pleased to correct these as thou readest JUS POPULI VINDICATUM OR The Peoples right to defend themselves and their covenanted Religion vindicated CAP. I. The Question cleared and stated THE Surveyer taking but an overlye slight and superficial vieu to the books he would make the world beleeve he confuteth measureth out and treadeth down as any of ordinary capacity compareing his wordy but unworthy pamphlet with what is orderly methodically set downe and strongly and unanswerably confirmed
These things as to matter of fact cannot be denyed Fourthly Whatever was done of late by King or Parliament or enacted and concluded contrary to these covenants vowes and engagements was as unlawful so a real and formal subversion of the fundamental constitution of our Christian and reformed Kingdome This none will deny who knoweth the true nature of these covenants and the real interest they had and yet have de jure in our constitution before this late revolution as was now expressed Fiftly Notwithstanding of all that hath been done by King and Parliament of late in rescinding abjuring and looseing of the obligation of these National bonds and divine covenants yet they remaine Covenants and National tyes perpetually obligeing before God the King Nobles People of all ranks and will do so long as Scotland is Scotland This is abundantly made out by the Apologist and is a fixed and everlastingly confirmed truth in the hearts of all who fear God and looke for his appearing as a swift witness against all such as sweare falsly Sixtly That nothing was allaiged or allaigeable against those persones in Galloway and places adjacent as ground or cause or occasion of all that extremitie and rigour of iniquity that was exercised against them but their simple non-obedience to the act enjoyning conformitie and obedience to the Ecclesiastical authoritie then established which was diametrically opposite unto their vow and promise in their solemne and National covenants So that really upon the matter their suffering was meerly because of their conscience making and faithful endeavouring to adhere through the grace of their God unto their covenants and engagements solemnely sworne and taken Seventhly It will be easily granted by all rational persons That in all Kingdomes and Commonwealths a free people not redacted unto a state of base bondage and slavery should be ruled and governed civilly according to the civil and municipal lawes of the land and not by military force and cruelty Tyrants use to lay aside the wholesome and established lawes of the land and to rule in an arbitrary manner by the cruel and mercylesse sword because they neither intend nor seek the good of their subjects But only their owne ambition and base ends But Magistrats who ought to seek the good of the common-wealth and preferre it to their owne particular ends will have respect to the lawes and accordingly rule their subjects and not by an aribitrary cruelty and force of armes which are used against enemies Eightly The very law enjoyning this conformity prescribeth the way how the same shall be put to due execution viz. That for this end the Council shall call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by himso attested shall be given up to the Council as transgressours of this act and the same after hearing of partyes being duely found to decerne inflict the censures and penalties And although the very law itself be so iniquous and intolerable as would undoubtedly bring sudden ruine to all such as would not obey the same and that in a very short time yet if this legal manner of procedour had been followed the execution though cruel and sufficiently barbarous the penalty having no suteable correspondence with nor proportion unto the supposed transgression for can any think that a persons absenting himself twice or thrice from his owne parish Church can be a transgression of such a high nature as no penalty lesse then the fourth pairt of his Estate can compensate had not seemed so arbitrary or tyrannical but when such a grievous law is more grievously executed and that arbitrarily and illegally is not this a very intolerable oppression Ninthly It is notourly knowne and unquestionably clear and alas too too wel demonstrated by black Tragical and inde lible characters of ruine extirpation and beggery of many honest families yea and of landed and sufficiently provided Gentlemen and others so that none will or can if he hath not resolved to beleeve neither what he seeth nor what he heareth deny it That Sr Iames Turner and his souldiers under pretence of executeing this law used such inhumane crueltyes savage barbarities unparallelable exorbitancies by illegal amercements fineings quarterings plunderings beatings dragging to prisones wounding binding men like beasts chaseing them to moors and mountaines laying waste their lands houses and habitations devouring what they could with horse dogs men burning plenishing utensils and other necessaries in houses and thus laying whole parishes and almost countreysides waste and desolate and that without respect had to conscience humane let be Christian to law divine civil or municipal grievous or not grievous yea without respect had to persones guilty or not guilty for when they had consumed the Landlord they oppressed the Tennants though not guilty when they had ruined the Tnenants fel upon the Landlord though a conformist avowing and professing they came to destroy and they would destroy nor having any respect to poor or rich widowes or marryed persons old or young yea or to such as stouped for-age to sick or bedrid creples or to one or other yea and did sesse and quarter till persons were forced to pay such summes as the civil judges before whom the cause was depending had not determined to be justly addebted by them All which is fully and particularly laid open by Naphtaly and will appeare to all who have not renunced humanity to be more then lesser injuries as the Surveyer pag. 70 is pleased to account them and to be most unjust though he make a question thereof yea and such grievous and intolerable oppressions the hundereth part whereof as Naphtaly said well would make him and his complices curse both God and their King Tenthly To all these forementioned cruelties and barbarities He added this that he would suffer no man to complaine to him of any wrong they had suffered by the brutish and barbarous souldiery nay nor supplicate for relief and if they did their cause was helped by doubling their miseries yea and which might exceed all beleef if its notoriety were not undenyable forced them after all these horrid dreadful inhumane and brutish outrages and oppressions to subscribe an acknowledgment That he had used them civilly and discretly and there by necessitated them to deny what was as not oure as the sun at noonday and their very common sense and feelings and also to prejudge themselves of all hope or possibility of getting redresse by law Eleventhly Though this forementioned acknowledgement had neither been asked nor granted yet their condition was irremediable for neither they nor any in the land might Supplicat King or Councel either for relaxation of the rigorousnesse of the lawes or for a more civil moderate yea or for a strick and legal execution of the iniquous and grievous lawes made under the paine of treason and lese Majesty Though it vvas an old received maxime and is to this day vvhere tyranny is
not avovvedly exercised that cuivis licet supplicare protestari yet the late Parliament concluded contrary to the lavv of nature and nations That petitions vvere seditious and treasonable So that hovv arbitrarily soever King or Parliament yea or Council or any deputed by them did rage or should opprresse injure the Subjects vvhether in conscience body or goods there vvas no remedy nor hope of redresse no petition or supplication how humble soever might be once presented by the grieved subjects yea nor durst they meet together to poure out their complaint unto the God of heaven the hearer of prayers the righteous judge of heaven earth What height of opprression tyranny this is Let all the vvorld judge Twelvethly It is uncertaine yea much doubted if Sr. Iames Turner that singular instrument of barbarous cruelty had any commission form King or Council impovvering him to such illegal exorbitancies whatever he might have had under hand from some Members of Council vvho had most sold themselves to cruelty and to the utter extirpation of all who would not run vvith them to the same excesse of riot sure if any such thing be the records vvill manifest it but since they cashired him and some of his associats and made an offer of causeing him ansvvere for vvhat he had done it is very probable he had no formal commission for vvhat he did and yet since he and others are permitted to live after such crueltyes barbarities and un heard of vvickednesses and no reparation made to the persones injured it is certane he is but too vvell approved in all he did and of vvhat use this shall be vvill appeare afterward Thirteenthly The intent and designe of those poor people who rose in armes was not to dethrone the King to enjure him or to lessen his just and legal authoritie but to resist repel and defend themselves from unjust violence and oppression and to seek reparations of the wrongs done them and the removal of that detestable and abjured Hierarchy the establishing and upholding of which as it was is a great provocation of the anger of God against the land so it was the fountaine and rise of all these horrid oppressions which they suffered and of the making of such grievous statutes and establishing iniquitie into a law and was to be a lasting cause and occasion of violent unjust and illegal oppressions and intolerabel vexations to all the faithful of the land and withal to have security for their lives lands libertyes consciences and Religion conforme to the agreement made with his Majesty and the National Covenant and the Solemne league and covenant which he solemnely swore once and againe and vowed and promised to defend and prosecute in all their ends and that for this end all such lawes made for prelacy and against the work of God and the reformation which through Gods blessing we had attained to might be repealed annulled and rescinded This and nothing else could be the intent and designe of these valient though naked worthyes That they intended no harme to the King or to his just lawful government authority is notoure by the last speaches testimonies of such as were apprehended publickly executed the petition Which they sent in to the Council with William Lauwry Tutor of Blakewood doth aboundantly testify that they would have had the free exerciso of their covenanted Religion freedom from the domeneering tyranny of Prelats their adherents their renewing of the League Covenant doth sufficiently cleare that they intended no insurrection or rebellion against the Kings just and lawful authority for they swore to defend the Kings Majestyes person and authority in the preservation and defence of the True Religion and libertyes of the Kingdoms From these considerations we shall now lay downe the true state of the question thus Whether or not when the whole body of a land Magistrats higher and lower People are engaged by solemne vowes made to the most high God joyntly severally to promove a reformation and to extirpat Prelats the same covenanted work is becom a chief corne stone of the constitution of the Kingdom and one of the mane conditions on which the King is installed on his throne and when these same Magistrats Supreme and inferiour renunce their covenant with God and with the People overturne the work of reformation formerly sworne to make lawes and statutes to fortify this defection to compel all their subjects to run to the same excesse of perjury and wickednesse and execute these lawes upon the faithful stedfastly loyal subjects not in a civil orderly manner but most imperiously and tyrannically with meer force cruelty and the edge of the sword of souldiers leavied of purpose for this very end to crush and oppresse all such as made any conscience of their vowes and engagements unto God and when these barbarous souldiers exceed their commission or oppresse plunder harash spoile rob and pillage the people and lay waste the land without law or expresse order from King or Parliament yea contraire to the expresse letter of the law and when the oppressed have not so much as liberty to supplicate or petition for help or releefe may privat persons without the conduct of a Parliament stand to their owne defence against unjust illegal oppression and tyranny and oppose such as without expresse commission endeavour their utter ruine and destruction though pretending warrant from the superiour Magstrats and allowed of them and seek a redresse of these grievous intolerable injuries and liberty for the free exercise of the covenanted reformed religion with the extirpation of abjured Prelats the spring and fountane of all these miseries already come and to be feared while in the mean time they intend no harme to the supream Magistrat's person or just authority but sweare to mantaine the same in the defence of the true religion and liberties of the Kingdome Or a if you will have it shorter Whether or not when King and Parliament and Council have abjured a covenant overturned a reformation which they solemnely swore to defend in their places capacities and made their subjects do the same and now with illegal force compel the subjects to the like perjury and wickednesse may these privat subjects when there is no hope or possibility otherwise of releefe stand to their owne defence and withstand the mercylesse cruelty of their bloody Emissaries acting without their commission or with their allowance yet contrare to expresse law and seek releef and security for Religion lives lands and liberties having no intention to wronge the King's person or just government That this is the true state of the question is abundantly cleare from the particulars forementioned and I think no Scottish man who knew the then state of affaires and hath not renunced common sense and resolved to beleeve nothing though he should both heare it see it and feele it and it were as
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
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
162. thinketh othervvayes and proveth that self defence is lavvful to a private person against the Magistrate for the lavv vvhich allovveth to repel violence vvith violence maketh no distinction betvvixt a publick person and a privat person and the law of Nature alloweth it against every one for it knovveth no difference And as to that vvhich some vvould say That his death would be hurt full to the Commonwealth He answereth That he who resisteth the Prince doth intend no hurt to the Republick and it is not per se but per accidens that he standeth in the way of the good of the Commonwealth and if he should suffer himself to be killed he should transgresse against the Law of Nature Yea I much doubt if the Surveyer himself would not rather kill in this case as be killed and with Naphtaly account Self-defence a principal rule of righteousnesse however now he would disprove this assertion if he could And would let that passe of loving himself more ad finem suum ultimum and suam virtutem Finally what he sayeth against this assertion of Naphtaly is to no purpose for the Author of Naphtaly will readyly grant that in some cases not only a man but a compauy of men may yea ought to preferre the preservation of others unto the preservation of their owne life because of a divine command to defend Religion Libertyes Posterity and Countrey from the unjust invasion and violence offered by wicked Emissaries But he shall never prove That the Body of a land or a considerable part thereof is to hold up their throats to be cut by the Kings cut-throats when he they are seeking to root out the Covenanted-work of Reformation to destroy the Libertyes of the land and to make all perfect slaves both in soul and body CAP. III. A fourth Argument Vindicated taken from Scripture-instances Our fourth argument shall be taken from instances of opposition and resistence made unto the Soveraigne or his bloody Emissaries by private subjects without the conduct or concurrence of their Representatives recorded in scripture and which we finde not condemned by the Spirit of the Lord So that whosoever shall condemne the late vindicators must also condemne these instances As. 1. They must condemne the Iewes standing for their lives against their Enemies armed against them with a commission from King Ahasuerus sealed with his ring which no man might reverse in the dayes of Mordecai Esther But some vvill say That they had the King's commission which did warrand them to take the sword of defence against any that should assault them under pretence of the former decree I Answere If their having of the King's commismission did in poynt of conscience warrand them It had been utterly unlawful for them to have withstood the King's butchers if they had not abtained that commission and warrand But what man of common sense will say this This later decree did in poynt of law warrand them to gather together with saifty and security that they might the more easily not only defend themselves from their Adversaries assaulting them but also to destroy to stay and to cause to perish all the power of the people and province that would assault them both little ones women and to take the spoile of them for a prey Esth 8 11. But didnot could not make their selfdefence against such manifest bloody cruelty lawful in poynt of conscience if otherwise it had been unlawful Though every instance will not in all poynts quadrate for nullum simile est idem yet vve have here in this instance these things for our purpose 1. private subjects without their Ephori or Representatives arming themselves for defence that 2. against bloody Emissaryes of the King 3. bloody Emissaries armed by a formal commission decree and vvarrand from the King 4. A commission formally never reversed but standing in force as the decrees of the Medes and Persians that might not be altered 5. and this defence as lavvful in it self in poynt of conscience for if it had not not been so the King's vvarrand had never made it so so declared lavvful in poynt of lavv by a decree from the King after better thoughts In imitation of vvhich It had been a commendable practice in the King and Council if they had been so farr from condemning these innocent self-defenders since as they thought in poynt of honour and credite they vvould not retract or reverse their decrees and commissions once granted that they vvould have authorized them and absolved them in poynt of lavv since in poynt of conscience no man could condemne them for standing to the defence of their Estates Lands Libertyes Lives and Consciences unjustly oppressed by mercylesse Emissaries 2. They must condemne the people their rescueing of Ionathan from the sentence of death unjustly given out against him by King Saul 1 Sam. 14 44. In ansvvere to this instance our Surveyer sayeth Pag. 65. That the people used no violence against Saul when he went about to put to Death innocent Jonathan but in the heat of souldiery boldnesse do effectually interpose with Saul and mediate for the life of Jonathan moving Saul to Wave respect to his rash oath and to regaird what was just and right Answ 1. The matter came not the length of violence but had the King pertinaciously adhered to his rash and sinful resolution and by force had offered to draw the innocent Man to death that which they did spoke clearly they would have resisted him for whether the King would or not yea contrare to his oath they sweare in the face of the King that Ionathan should not die 2. It is but gratis dictum that only in the heat of a souldiery boldnesse they did mediate beside that there seemeth to be a material contradiction here for souldiers mediating and interposing especially in the heate of souldiery-boldnesse useth not to be with humble supplications intreaties but with violence or with what will usher in violence 3. We heare of no arguments they use to move bloody Saul to change his purpose but this as the Lord liveth there shall not one haire of his head fall to the ground He sayes Pag. 66. That the people did not oppose an oath to Saul's oath for Junius exposition may passe well that they spoke not by way of swearing but by way of reasoning abhorring the destruction of such a person absit ut vivit Jehovah an cadere debet Ans The word which they use is no other way translated here by Iunius then elsewhere and elsewhere it hath clearly the import of an oath as may be seen Iudg. 8. 19. 1 Sam. 19 16. and 20. 3 21 25 26. and in many other places 2. The People spoke these words as Saul spoke them ver 45. and therefore they are directly an oath of the people opposed to Saul's oath 3. Iunius himself sayeth that they opposed a just oath to Saul's hypocritical oath Sanctius in locum sayeth the people
opposed to the Kings oath a publick oath swore that they would not suffer that any evil should be done unto him The dutch Annotat call it an abrupt kinde of oath in use among the Hebrevvs But sayes he It is a vvonder to see understanding men argue from this place for violence and forcible resistence to Kings especially vvhen acting according to lavves consented to by private persones Ans This place proveth clearly that princes may be resisted and resisted vvhen they use violence and oppression and that by private persones even vvhen the oppression or iniquity is acted according to a pretended lavv or something equivalent to a lavv Let us see vvhere the difference lyeth Here sayes he the King is not acting according to law but prosecuting the execution of a foolish and rash oath Answ 1. Neither did our King's bloody Emissaries act according to lavv but were prosecuting the execution of a develish and rash resolution to root out and destroy a vvhole Countrey side 2. If Royalists speak truth Sauls vvord let be his oath vvas as good as a lavv and Sanctius sayeth it vvas Decretum decreed And vvhatever it vvas formally it vvas materially a law unto which they had all tacitely assented v. 24. which they durst not transgresse v. 26. Here sayes he the opposition made to the King is by way of intercession earnest reasoning that he ought to regaird what was right more then his rash oath Answ No reasoning vve heare but a peremptour telling of the King to his face that he should not get his vvill not one haire of Ionathan's head should fall to the ground if he should attempt any thing against Ionathan it should be over their bellyes Their vvords look like club-agruments Here sayes he their opposition was acceptable and welcome acquiesced in and yeelded to Answ It is like it vvas condescention by force and constraint for vvhether he vvould or not he savv he could not get his vvill and therefore passed from vvhat he intended 2. His acquiescence sayes the resistence vvas more forcible then meer intercession vvould be for he vvas another sort of bloody Tyrant then to yeeld to petitions vvhen he thought his honour stood upon it Here sayes he the opposition is made by the Princes of the land Captains of Thousands c. Answ The text sayes The people rescued Ionathan Who ever they vvere vvhatever they vvere they acted not here as the Supreame Sanhedrin nor as a court of judicatour haveing povver of government but as private persones according to their povver and capacities And so all this makes much for a party of private persones for here vvas not all the land their resisting of the King 's bloody emissaries executing cruelty not so much as according to an iniquous lavv but contrare to all lavv right and reason Let sayes he Peter martyr be looked upon this place and he speaks not ably well his owne words will discover how notourly he is falsified by L. R. p 349. Answ Lex Rex dealt ingenuously with his reader concerning him telling him in the margine that with adoubt he said si ista seditiose fecerunt nullo modo excusari possunt And that he said they might Suffragiis vvith their suffrages free him Why did not the Surveyer set dovvn his vvords did Lex Rex falsify also Chrysostome homil 14. ad Pop. Antioch Iunius Corn a lapide Sanctius Lyra Hugo Cardin. Iosephus L. 6. antiq c. 7. and Althus Polit. c. 38. n. 109. 3. They must condemne David for his resisting of King Saul with armed men which yet the spirit of God doth not condemne but rather approve in commending such as helped him I Chron. 12 1. 2. 8. c. and inspireing Amazia who was chief of the captaines to say Thine are we David and on thy side peace peace be unto thee and peace be unto thy helpers for thy God helpeth thee So did he intend to keep out the city Keila against the King and consulted God thereanent and had his answere that the city would betray him Now if it had been unlavvful for him to have defended himself by such forcible resistence vve cannot think that he vvould have goten such ansvvers as he gote Grotius himself approveth this deed of David's All vvhich this Surveyer sayeth against this Pag. 67. is That Davids unction did so distinguish him from private persons as that it made it lawful for him to resist violence with violence But the law of nature restricteth not this lawful self-defence to anoynted persons 2. If his anoynting made him no private person what did it make him it could not make Him King othervvise he might not only have resisted Saul but have taken his life as a traitour or else vve must say there were two Kings at once in Israel 3. David never pleads this as the ground of his resistence nor is there any hint of this in the text 4. They must condemne the city Abel 2. Sam. 20. which resisted Ioab Davids General and his forces when they besieged it till the matter came to a capitulation Ioab should have offered tearmes unto the city before he had threatned to destroy it and should have communed with the Magistrates concerning the delivering up of the Taitour before he had resolved to destroy the whole city for one Traitours cause and therefore justly did they defend themselves against his unjust invasion notwithstanding he was armed with a commission from the King and remarkable it is that after the capitulation they were never challenged for traitours in resisting with closed gates and fensed walls the King's General and army So that here is a private city standing out for a time against the King's souldiours unjustly seeking to destroy them because of one Traitour among them 5. They must condemne the Prophet Elias for resisting Ahaziah's bloody Emissaries sent by him in an angry moode to apprehend him and to compell him in a spite full manner and to take him prisoner as say the Dutch Annot. on the place For speaking such things as he did unto the messengers of the King who were sent to Baal zebub the God of Ekron to enquire if he should recover of his desease and to bring him to the King by violence if he would not come willingly as Iosephus sayeth antiq Lib. 9. C. 2. 2 King 1. Now he resisted such as were sent and killed two Captanes their fifties with fire from heaven which instance doth sufficiently declare that it is lavvful for private subjects in some cases to resist the unjust violence of the King's Emissaries though armed with his commission It is true the manner of his resistence and of killing these vvas extraordinary by way of a miracle yet the resistence it self was not extraordinare as we have seen by other instances and shall see cleared by moe 6. They must condemne the prophet Elisha who resisted both the King and his Emissaries in his ovvne defence 2 Kings 6 32. saying to the Elders
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
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
and therefore afterward when he came to be crovvned and formally installed he did also formally and expresly take on the obligation And vvhether he did ever shrink from the observance of that godly oath let this perfidious man avovv vvhat he vvill many vvill assert it as certane in some poynts and too too probable in other 9. But though he should doubt vvhether any King before King Charles the second did svveare any oath or Covenant vvith the People yet he cannot doubt of vvhat this King Charles the second did It being being beyond all denyall and contradiction That he swore both that Oath which was injoyned in King Iames the siâ—t his dayes and also the National Covenant and the Solemne League and Covenant and that according to these the Subjects did sweare obedience unto Him Here was then a mutual conditional Covenant explicitly and in plaine tearmes with all the solemnities imaginable entered into and what needs more to cleare all which we have said and to ground all which we would inferre to justify the late action For as for his vaine inferences they concerne not us and more shall be spoken of them afterward 10. Though this Surveyer be ready to avow that this King hath never swerved from the observation of that oath enjoyed Anno 1567. yet all the World seeth that he hath not as he ought to have done maintained the true Religion nor right preaching and administration of Sacraments Neither hath he according to his power abolished and withstood all false Religions contrary to the same as appeares by the great indulgence and toleration if not countenance granted to Popery and Papists Neither hath he ruled us according to the will of God but rather persecuted us for adhereing to the Word of God nor hath he ruled us by the laudable Lawes and constitutions of the realme but hath with a packt Parliament principled to his minde overturned our lawes libertyes hath framed established iniquity by a law 11. But what sayes he to the Nat. Cov. League Cov. Dar he avow that he hath not broken these If he had not we had not been troubled this day with a Popish Prelatical and Malignant faction nor had we seen these abjured and foresworne Prelates nor had we seen the work of reformation of religion in worship Doctrine Discipline and Government so overthrowne overturned and trode upon as it is this day 12. So then seing he cannot deny but the King took and solemnely swore these Covenants and that now he hath openly and avowedly broken them it is undenyable that he hath broken the conditions on which he was made King yea seing these were the maine conditions and the only conditions considerable and were become the fundamental law of our constitution he hath violated the principal and only conditions covenanted and what we shall hence inferre we shall now show Having thus vindicated and cleared the premises we shall draw out our arguments and conclusions thence and 1. If People propose conditions and tearmes unto Princes to be by them acquiesced in and submitted unto and upon which they are to accept their Crowne and Scepter Then if the Prince of King violate these conditions which he once accepted and contrare of his promise and engagement destroy what he promised to build up The People may very lawfully defend themselves and these good ends which they endeavoured to have secured by proposeing these conditions unto the Prince when he is seeking to destroy all even by force vvhen there is no other remedy But such is our case The King vvas formally and expresly engaged by Compacts and Covenants to secure the Reformed Religion in Doctrine Worshipe Discipline and Government to secure all these vvho owned the same and adhered to the Covenants and to ratify and approve all lavves made for these Covenants and for the security of such as entered into these Covenants and novv notvvithstanding of these conditions agreed unto by him the Covenant and vvork and all is overturned People persecuted meerly upon the account of their adhereing to these Covenants all conditions are violated all Covenants Vowes Compacts Engagements and vvhat could be devised for security of the reformation and of the ovvners thereof are broken Who then can condemne even privat persons if they stand to their defence in this case See Althusius polit cap. 38. n. 30. 2. If People may lavvfully and laudably defend the fundamental lavves of the Kingdom on vvhich the constitution of the Kingdome standeth and on vvhich the security of vvhat is dear to them as men and as Christians relveth Then the late act cannot be condemned because in defending themselves they stood for that vvhich vvas the maine and principal tearme of our constitution But the former is true because the Prince violating these destroyeth the constitution and because He cannot do this as a Prince having already engaged as a Prince to maintaine the constitution he must do it as a private person or an enemy to the constitution and whole body of the land Therefore he may wel be resisted even by private persones see this fully made out by Althus Pol. cap. 38. n. 37. both out of Lawyers and Divines 3. If a People even by resistence may defend their personal libertyes and rights secured unto them by Compacts with the Prince or by the fundamental lawes of the land which the Prince as Prince is bound to maintaine Then the late act cannot be condemned because by it they were but defending that which the King had secured unto them by his compact and which was secured unto them by the fundamental law of the land But the former is true because a privat person is allowed by law to maintaine his Lands and Rights even though some in the Kings name should come under whatsoever pretext to robe and dispossesse him and shut him to the door Therefore this late act though of private persones cannot be condemned 4. If a Prince violating all or he maine conditions upon which he was made Prince becometh stricto jure no Prince but falleth from his benefice not having done the offices in consideration of which he gote that benefice conferred upon him non enim sayeth Althus ubi supra commodum debet sentire ex contractu quem vel omittendo vel committendo quis impugnat Then lawfully enough such an one may be resisted even by Private persones as is cleare But the former is made clear above and such is our case now for the King hath broken palpably and avowedly the maine and principal conditions on which he was made King having overturned the work of reformation which if he had not promised vowed and covenanted to maintaine he had never been crowned or admitted to the exercise of that Government Who then can blaime a People standing to their owne defence when oppressed and tyrannized over by his emissaries who hath thus violated the principal and only conditions of the compact and is forceing them to the
Wife And say that he had an equal power over his Subjects with that which the Husband hath over his Wife which is false yet the connexion will be firme as to a lawfulnesse in this case as wel as in the other 3. If there be not such a connexion betwixt the Soveraigne and his Subjects as is betwixt the natural Head and the Body Then it can no more yea far lesse be an unnatural thing for Subjects to defend themselves against the violence of distempered Princes Who seek directly to destroy the Commonwealth when necessity doth urge Then it is for the members of the Body to defend and fortify themselves against danger paine or sicknesse occasioned by a distemper of the braine yea and with violence seek to cure remove that distemper in the head that is like to destroy the whole body 4. If the Soveraigne hath not a Lordly domination masterly power over his Subjects but they be is Brethren not his Slaves and if the very Law will allow Servants to defend themselves against their Lords and Masters L. Minime 35. de Rel. sumpt funer and no man with us will account it unlawful for servants to defend themselves against the unjust and violent assaults of their Lords and Masters Then farr lesse can it be accounted unlawful for private Subjects to defend themselves when constrained with necessity against the unjust assaults of the Soveraigne or his emislaries But the Antecedent is cleared and confessed Ergo. 5. If the Soveraigne have no despotick or Masterly power over the goods and heritages of his Subjects as we have proved Them very lawfully may they defend their lands goods and heritages from the violent and unjust oppressions of the Prince or his emissaries sent out to plunder rob destroy their corns cattel goods land summes of money c. 6. If the Kingdome be not his proper heritage nor he proprietor thereof as was shewed Then when He or his Emissaries come to destroy a considerable part of the Kingdome and to alienate the profites and emoluments thereof unto others then the proper owners and proprietors unjustly Then may that part of the Kingdome lawfully resist these unjust oppressours and invaders defend their owne 7. If He be not so much as an usufructuary of the Kingdome then when He laboureth by his Emissaries to waste and destroy the Kingdome or any part thereof by unjust violence private Subjects may resist that unjust violence and oppose his oppressing Emissaryes If a Master may hinder his usufructuary tennants who would deteriorate the land which they possesse by compact Then much more may subjects resist the Princes Emissaries when labouring utterly to spoile and lay waste these lands whereof he is not so much as an usufructuary 8. If the King's power be only fiduciary as is shewed Then when that power is manifestly abused and the pawne which he hath gote to keep in imminent and manifest danger lawfully enough may he be resisted When the Lives the Liberties of the People or their Religion is committed unto him as to a publick Tutor Watchman or Servant He what through negligence what through wilful wickednesse laboureth to destroy and undoe and overturne all very lawfully may Subjects in that case of extreame necessity seek to secure the Necessary and desireable things and resist his fury and unjust violence who contrare to his oath and promise seeketh to have all overturned and ruined Althusius pol. cap. 38. n. 39. speaketh well to this saying Octava ratio sumitur a natura contractus mandati quo summa Magistratui administratio est delata à populo ad hoc ut Reip proâ—it non ut noceat Rom. 13. Vasq lib. 1. c. 44. n. 6. c. 1. 2. Illust Contr. quando igitur mandatarius fines mandatiexcedit non illi obligatus est mandator § 15. qui Just de Mand. Luc. 16 1 2 3 c. quando conditio status fortuna mandatarii mutatur in deterius L. si quis cum de procur L. cum quis desolut Aut mandatum a mandante revocatur vel ipse mandans agere tractare negotium incipit ut tradunt J. CC. Vide Vasq Lib. 1. c. 43. n. 5. c. 4 n. 12. Illust Controv. What he addeth is worth the reading CAP. VIII The Peoples saifty is the supreme Law The King is not absolute Hence some Moe Arguments THat salus populi est suprema Lex is asserted by the law of the 12 Tables The worthy author of Lex Rex hath fully confirmed this truth and vindicated it from the exceptions and false glosses of the Royalists Quaest 25. And therefore we need say lesse to it especially seing this Surveyer hath nothing against it that I have observed That it is a truth That the peoples saifty is the cardinal law hence appareth 1. That the attaineing of this end was the maine ground and motive of the peoples condescending upon the constitution 2. They levelled at his end in makeing choyse of such a forme and not of another for had they thought another fitter for their temper and more conduceing for their good they had not pitched on this but on that 3. with an eye to the saife and sure attaineing of this end proposed and designed they made choise of such persones and of none else 4. upon this account did they condescend upon that manner of conveyance of the supream authority which they thought best 5. For no other end was it that the Prince was limited and bound unto conditions 6. The end being alwayes preferable to the meanes as such The Peoples saifty which is the end must be preferred to all such things as are made use of as meanes conduceing to this end 7. By the very Law and institution of God the Magistrate is ordained for the Peoples good Rom. 13. ver 4. and to this end next to the glory of God unto which we alwayes give the preference is he direct all his publick actions as a Magistrate and by this is he to stirre his course in governing the helme of the Republick 8. Hence it is that all the municipal lawes of the Land are made renewed corroborated explained or rescinded and annulled so as they most conduce to this great end which is ever anima ratio Legis 9. Hence also it is that no law in its letter tending to the hurt and detriment of the Realme is or can be of force 10. Hence it is that the Soveraigne in cases of necessity may neglect the strick observation of the letter of the lawes and for the good of the community neglect private mens interests Finally the very law of nature requireth this as Boxhornius Inst Polit lib. 1. Pag. 25. tells us Doctor Sanderson in his book dc obligatiâ—ne conscientiae praelect 9. 10. laboureth to put another glosse upon this axiome But he may be easily answered for we shall readyly grant with him that by saifty here is not meaned dignity or liberty in
of their accounts should imbrace professe and practise the truth of God and the true Religion reformed in doctrine vvorshipe discipline and government Though King Parliament and Council should reject and condemne the same and countenance or command and authorize the practice of idolatry superstition or any false way in the vvorshipe of God or in the doctrine and discipline For no lavv of man can vvarrand iniquity no act or constitution of any Magistrat under Heaven can rescinde or invalidate the mandats of the King of Kings or exempt People from obedience due thereunto No true Christian whatever court flatterers atheists may do can deny this 7. Nor can it be denyed That in Kingdomes or Commonvvealths vvhere once the True Religion reformed in doctrine vvorshipe discipline and government hath been received publickly imbraced approved and countenanced by authority ratified by lavves statutes acts declarations proclamations oathes vovves and engagements Though the Magistrates Superiour and inferiour should turne Apostates from that Reformed and received Religion and by their lavves condemne the same and establish corruptions and enforce corrupt practices by penaltyes yet it vvere the duty of all Subjects vvho had any regaird to the matters of their ovvne salvation to adhere to the truth once received and established and vvorshipe and Serve God after the right manner and refuse to obey these iniquous lavves Will any deny such a truth as this except such as have sold soull consciences and all unto the lust of Men or think there is no Religion but vvhat King and Parliament vvill have and consequently if they should enjoyne the imbraceing of Mahomet's Religion or the vvorshiping of Sun Moon and Starrs or of Satan himself obedience must be yeelded 8. If in the forementioned case The Magistrates Superiour and inferiour should combine together and conspire against Christ and his interest and should not only by their acts and statutes banish him and his glorious interests out of the Kingdome but also by their cruel executions labour to force constraine and compel all their subjects or a part of them to the renunceing of the formerly received and avowed truthes and to the imbraceing of the introduced corruptions and so to run with themselves unto the same excesse of iniquity perjury and abhomination Then it is lawful for these Subjects so oppressed persecuted and abused for their constancy in adhereing to the truths once received contrare to all engagements vowes and Covenants to defend themselves against that unjust tyranny and rage and maintaine the reformed truth which is unjustly violently taken from them by force when there is no other probable meane left for them to essay nay when liberty to supplicate or petition is inhumanely and severely under the very paine of Treason discharged The reasons are 1. because we have shewed above that it is most lawful for Subjects to maintaine their lives persons and Estates against the unjust violence and tyrannical oppression of their enraged Magistrates And if that be lawful this must also be much more lawful for as the soul is much more precious then the body so matters that concerne the soul should be preferred to such things as concerne the body And therefore Religion which is necessary for the life of the soull should be with no lesse Zeale care and industry maintained and preserved pure and uncorrupted then what concerneth the lives of our bodyes 2. It is lawful for Subjects to maintaine their natural and civil libertyes by force when no other way can be used lest they and their posterity after them should be redacted unto a state of perfect slavery and bondage worse then that of the Israilites in Egypt And shall it be unlawfull to fight for the defence of Religion wherein is comprised all true and desireable liberty and to save posterity from tyranny and bondage in their souls and consciences much more dreadfull and terrible then the most insupportable and bitter bondage of the body imaginable Shall men be allowed to fight to preserve their owne bodyes and the bodyes of their posterity from the slavery of men and shall they not be allowed to fight that they may preserve their owne soulls and the souls of their posterity from the tyranny of Satan Who but such as either think they have no soulls more then beasts or know not the worth of their souls will deny this consequence 3. It is lawful for Subjects to defend their lives and libertyes in order to the defence of the true Religion and the interests of Jesus Christs when their losseing of these should certanely tend to the losse of Religion Ergo It cannot be unlawful to defend Religion which is the maine and principal thing 4. If it be lawful to maintaine the interests of a King against an usurper whether a stranger or an inferiour Magistrate who is under the King and is seeking to eject him and his interest contrare to his faith and trust Then much more must it be lawful to defend Christ Iesus and his interest when King and Parliament contrare to their sworne allaigance unto him have rebelled and are seeking to dethrone him by their wicked Lawes and Ordinances and to banish him and his interests out of the Kingdome by their tyrannical cruelty inhumane and mercilesse executions Will any deny this but ingrained Atheistical Malignants whose chief character hitherto hath been to preferre man's interest unto Christs Or such as have renounced all faith and loyalty unto the King of Kings and have set up a creature as their only God whom they minde to Worshipe and adore and for whom they minde to fight against all breathing and against the God of heaven also But their weapons shall fall out of their hands when They shall feel the lighting downe of his arme with the indignation of his anger and with the flame of a devouring fire and with scattering and tempests and hailstones and when he shall cause his glorious voyce to be heard If any should Object That because Christ's Kingdome is not of this World therefore his Servants should not fight for him It is easily answered That as hence it will follow that Religion cannot be forced by the sword upon any So it will not follow that Religion should not be defended for then Magistrates should not defend Religion nor Christians should not defend their Religion against the Turks Which is false And hence 5. If it be lawful for People to defend their Religion against an army of infidells Mahometans or Papists invadeing the Land of purpose to spoile us of our Religion and to force us to imbrace heathenisme Turcisme or Popery Then it must be lawfull to defend the same true Religion against King and Parliament when they seek to rob the People thereof and force corruptious upon them because King and Parliament have no more authority from God to oppresse the consciences of their Subjects to corrupt Religion and force corruptions upon them then the Turk or the Pope hath and
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
blood by Magistrates bringeth judgement on the Subjects for Ieremiah sayes that if they should have killed him they should have brought innocent blood not only to themselves who gave out the sentence and did execute it but on the whole city and on the inhabitants thereof To this he hath many words Pag. 55. but little answere The summe is this for it were wearisome to transcribe all his needlesse tautologies and repetitions which if taken away his pamphlet of a 120 pages might be reduced to 20 All who were defiled behoved to be accessory either by doing or not hindering what they were called and capacitated to hinder which was not by violent resistence nor doth the Prophet meane that all the absents should be guilty and properly deserve Gods wrath upon that account but only that the actors and such as were accessory should be guilty and others should upon this occasion fall under wrath though for other sinnes and yet the judgment on the People might be a punishment to the Rulers for that same particular sin for God may punish Princes or Fathers in the punishment of Subjects and Children and yet these same Subjects and Children have no reason to quarrel with God or to say as it is Exech 18. v. 2. Answ We grant God may and doth punish Princes and Parents in their Subjects and Children and That these same Subjects and Children so punished have no just cause to say that their Fathers have eaten sowre grapes and that their teeth are set on edge as if there were no sin in themselves But that God may not visite the iniquities of the Fathers upon the Children who have not formally acted these evills nor consented thereto we dar not peremptorily assert against so many clear scriptures 2. Sure this place seemeth to hint something else then that this sin of shedding Ieremiahs blood should be an occasion of God's visiting the City for their other sinnes For he sayes you shall bring innocent blood upon this city so that by this Murther they should have brought innocent blood as well on the other inhabitants as on themselves who were to be actors the text maketh no difference 3. If the People here had done all which in their calling and station they were capacitated to have done for hindering of this sheding of blood they would have hindered it effectually and further violent resistence was needlesse If a wicked Magistrat should condemne an innocent person and make this his sentence that he should not have the benefite of a lodging within the land The People need do no more to resist the Magistrat's unjust sentence but notvvithstanding thereof receive the innocent into their house and intertaine him friendly And still vve say the People vvere to do all that lay in their povver to hinder innocent blood to be shed that so innocent blood might not be laid to their charge And in so far as they came short in this they made themselves guilty be accession notvvithstanding of any thing he hath said The next place he speaketh to is Deut. 13. vvhich vve have already vindicated and must observe this further That in all his long ansvvere he speaketh nothing to that vvhich novv vve are upon viz. the hazard that People in such a case are into both of sin and of judgment if effectuall course be not taken to suppresse idolatry and apostasy from God and to put that crying evil avvay from amongst them For v. 17. it is clearly held forth that till this city and all which was within it was rooted out the Lord would not turne from the fiercenesse of his anger nor shew them mercy nor have compassion upon them nor multiply them as he swore unto their Fathers So that their not doing their utmost to execute this sentence of God made them lyable to the constant abideing of the fierce anger of God upon them and closed the door of Mercy and compassion so that they could not expect the blessings promised and Covenanted Then Pag. 59. he cometh to speak to Ios 22 ver 17 18 19. and tells us That they were not private persones that transacted that businesse with the Children of Reuben for the body of the People concurred with the Magistrates Supreame and Subordinate What makes all this for the encroachment of meer private persons upon the use of the Magistrates avenging sword Answ It is true the Magistrates and major part of the People were here concurring but why doth he not take notice of the words cited by Naphtaly which clearly hold forth the end of his adduceing that passage If yee rebel to day against the Lord to morrow he will be worth with the whole congregation of Israel which do clearly hold forth that the defection of a part though a minor part will bring wrath upon the whole Nation aud Society And may not any see hence That each are to concurre in their places and stations according to their povver to prevent this defection or to remove it even when the major part is infected with it yea even though Magistrates should be remisse and should rather encourage then discountenance such rebellion against God Seeing the reason holdeth à fortiori for it upon the defection of a minor part wrath will come upon the whole much more will wrath come upon the defection of a major part and of the Magistrates too And therefore if in the former case private persons be bound to concurre with Magistrates for rooting out of that provoking sin of a few then it cannot be unlawful for private persones in this later case to do what they can to stirr up Magistrates to their duty if it be possible and to prevent their owne destruction from that wrath of God kindled against all and to remove the provokeing cause of that anger And as we have said they may take an effectual course for this without encroaching upon the use of the Magistrate's avenging sword or exercing any formall Magistratical power The next place he speaketh to is Iudg. 20. where Israel warreth against Benjamin because of a notorious crime acted there and countenanced and defended by that whole Tribe to the end that such a crying abhomination might be purged out of the land To which he answereth in short to let passe his unchristian jibes thus Though this was when there was no King in Israel yet it is likely they retained somewhat of their Sanhedrin appoynted Deut. 17. which in such a horrid case might draw together in an extraordinary meeting It was the body or the major part of the People that useth the sword against the lesser which maketh nothing for the minor parts using the sword to punish Magistrates the major part of the People also Answ Though I should grant that they retained yet something of the Sanhedrin yet in all this passage there is no mention made thereof but it is said v. 1. That all the Children of Israel went out the Congregation was gathered together as one Man to Mizpeh
and resolved not to returne to their owne houses ver 8. until these Children of Belial in Gibeah had been executed and evil was put away from Israel Cap. 13 v. 2. To say that this speaks not to our case is but to wrangle for sure if we should suppose that Benjamin had been maintaining their integrity and the true worshipe of God against the generality of the People who had turned idolaters and had raised war against them because they would not depart from their profession would he have condemned the minor part for standing to their defence in this case Or if they should have joyned together to have hindered the defection of the major part or removed the corruptious that were prevailing would he have condemned them Sure this is not improve Scripture a right but rather to elude it for there is not the least shaddow that the stresse of the matter is laid on this that they vvere the major part Finally he cometh to Achan's case Jos 7. and tells us That there is nothing in it to justify private persones rising against the Magistrates and plurality of the people to avert the judgments of God for what was done to Achan was done by the Supreame Magistrat Josua Answer But Naphtaly only maketh use of this place to shew that our reformers had great reason to feare and tremble lest the manifest toleration of proud cruel flattering Prelats and idolatrous Priests whose wickednesse and idolatry had corrupted the whole land might involve the whole Nation in destroying indignation since the wrath of God for the hidden and secret sin of one poor Achan suddenly and fearfully overtook the whole People and all the congregation of Israel so that that man perished not alone in his iniquity Now can any body deny this consequence But our Surveyer layeth downe againe his peremptory assertions without further proof and we have spoken to them already and need not repeat things so oft as he gives us occasion so to do otherwise we should follow this fool in his folly and weary the reader as he doth in repeating almost whole pages verbatim let any look and he shall finde the whole 61 page except some groundlesse jibes which do not help his cause nothing almost but repetitions We shall then goe on and draw forth our arguments from what is said to shew that the late act ought rather to be praised then condemned For 1. Thereby they were endeavouring according to their power and places as that exigent required when all doores were closed from essaying any other meane not only to defend themselves against manifest and intolerable injury and oppression but to save themselves their posterity and the whole land so far as lay in their power from the wrath and vengeance of God and the dreadful plagues and judgments that were and are to be expected for the dreadful and unparallelable apostasy and defection of a corrupt ministry Did God threaten that Zion should be plowed as a field and Ierusalem become as a heape That Iacob should be given to the curse and Israel to reproaches for the sinnes of a corrupt ministry and when our eyes did never see a more corrupt company who have partly apostatized from their sworne profession and partly are thrust in over flocks to the ruineing of their souls the corrupting of the truthes of God and to be a standing occasion of dreadful persecution unto them and when for this cause nothing could or can be looked for from the hands of a just and jealous God but wrath without remedy and judgment after judgment till we become as plowed fields and as heaps Can or ought these to be blamed who standing to their sworne profession were labouring in the integrity of their hearts to purge the land of these plagues and locusts that we might become a holy and pure Church unto the Lord and that the Lord might delight to dwell among us and for this end tooke their lives in their hands and essayed that now sole remedy seing there was no other meane left unto them whereby to attaine this noble End 2. When one Apostat city not taken course with according to the command of God would provoke God to anger against the whole assembly of God's People so that till it was destroyed he would not have mercy or compassion upon them was there not much more reason to feare that God's anger should burne against Scotland his covenanted People and that he should have no more mercy on us since there was such a dreadful defection in it whereof not only one city but many cities were in an eminent manner guilty having so foulely departed from their sworne truth and profession and openly and avowedly revolted from God and his wayes and since there was no other way imaginable to prevent this heavy indignation of God Shall any condemne these who our of Zeal to God's Glory and for the good of the poor land whereof they were members took their lives in their hands and did what lay in their power to have that corruption and apostasy removed and God restored to his honour and the land to it s Covenanted integrity 3. Since the backslideing and defection of a few members of a Society joyned together in a Covenant to God as his People brings vvrath upon the vvhole if timeous remedy be not used as the forecited places shevv Shall any condemne these vvho endeavoured according to their povver to prevent the destruction that vvas and is to be feared for the defection not of a fevv not of one poor Achan but of multitudes and that of all ranks and conditions 4. Did the people of Israel goe out as one man to prevent apostasy when they heard some rumore thereof in a part of their number and to take course with and purge the land of a crying evil that was committed in one of their cities who shall condemne these who lately went out with one heart and spirit to do what in them lay to remove the far-carryed-on defection and the dreadful evil of perjury and many other hainous crimes that did yet do abound whereof Many of all rankes were guilty even such as should have been by their publick places and stations eminently appearing on the head of these worthyes for the glory of God and the good of the whole Church and Kingdome 5. Seing the publick transgressions of Kings and Princes do hazard the whole Realme and Commonwealth as the instances formerly adduced do cleare How much reason have People of all rankes qualityes and conditions to be doing what lyeth in their power either to prevent and hinder that these iniquities be not committed which prove destructive unto the Land or labour by all meanes to have them done away when committed before the fierce anger of the Lord break forth And since it is not our and undenyable how our Kings and Nobles and other judges have revolted from a sworne Covenant Truth and Profession and openly and avowedly renunced the
interest of Christ and conspired against his truth and cause can any blame these worthies who endeavoured according to their power to have these crying abhominations remedyed that the wrath of God should not consume us root and branch and burne so as it should not be quenched What can be replyed to these reasons is sufficiently answered already and I would further propose this to be seriously considered by all let us put the case That King and Princes should conspire together to poyson all the fountains of water in the Land and lay downe a course how they should be keeped so and people should be forced to drink of these poysoned waters would not any rational man think that when no meanes else could prevaile People might lawfully with force see to their owne lives and to the lives of their little ones And shall we be allowed to use violent resistence for the lives of our bodyes and not also for the lives of our souls shall people be allowed to run together with force when they can no otherwayes keep the springs of water cleare for their owne lives or healths and of their posterity also and shall they be condemned for runing together to keep their Religion as it was reformed pure and uncorrupted Who but Atheists will say this Againe put the case That the Magistrates of some Brugh or City were about to do or had already done some publick prohibited bited action which would so irritate the Soveraigne or Prince that he would come with an hudge army and cut off the city man wife and childe would any in this case condemne the private inhabitants of that Brough or City if when no other mean could be essayed effectually to hinder the same they should with force either hinder them from doing that irritating action or if done should endeavour to remedy the matter the best way they could for the good of the City to prevent its ruine and overthrow and for their owne saifty and for the saifty of their posterity And why then shall any condemne the late defenders who when the Magistrate by their many sinful and publick actions had provoked the King of Kings to anger and jealousy against the whole land so that in justice they could expect nothing but the vvrath and vengence of God to root them out and their posterity laboured what they could to have the wrath of the King of Kings pacified and the wicked deeds provoking him remedied Would the Soveraigne in the former case account these privat persons traitours to their Magistrates and not rather more loyal Subjects to him then the Magistrates themselves And shall we think that the King of Kings shall account the late act disloyalty to the King and Magistrates and not rather commendable loyalty to him and faithful service There is another argument much of the Nature with the preceeding taken from the grounds of Christian love and affection whereby each is bound to preserve the life and welfare of another as he would do his owne and as each would have another helping him in the day when he is unjustly wronged and oppressed so he should be willing to helpe others when it is in the power of his hand to doe it according to that royal law of Christ's Mat. 7 ver 12. Luk. 6 ver 31. Therefore all things whatsoever ye would that men should do to you do ye even so them for this is the law and the prophets It is unnaturall and unchristian both to say am I my brother's keeper Sure he who helps not his brother against a murderer when he may do it is before God guilty of the man's blood Meroz and the inhabitants thereof were to be cursed bitterly because they came not out to the help of the Lord and his People against the mighty Iudg. 5. Was not David helped thus against the Tyranny and wickednesse of King Saul And honest Ionathan rescued from the hands of his bloody Father Prov. 24 ver 11 and 12. If thou forbear to deliver them that are drawne unto death and these that are ready to be slame If thou sayest behold we know it not doth not he that pondereth the heart considerit And he that keepeth thy soull doih not he know it And shall not herender to every man according to his work Now the text maketh no difference whether they be drawne to death unjustly by private persons or by Magistrates They are if they can do it with force to rescue such for so the word imports as I Sam. 30 18. 2 King 18 34. 1 Sam. 17 35. Hos 5 14. And this did famous Mr. Knox avow unto Lithingtoun in his discourse with him registrated in the history of reformation Hence it is that Ieremiah Cap. 22 23. cryeth to the People as well as to the King execute judgment and righteousnesse and deliver the spoiled out of the hand of the oppressour and though it be true as Calvin on the place sayeth that this did chiefly belong to the judges and Magistrates Yet when their proceeding in this course of oppressing of the stranger the fatherlesse and the widow and of shedding innocent blood would provoke God to execute what he threateneth with an oath ver 5. And make that house a desolation and prepare destroyers against it and the whole city ver 7 8. and when all this is spoken in the eares of the people it would seem to import that even they should have stood in the way of such oppression and delivered the spoiled out of the hands of the oppressour not have suffered innocent blood to have been shed especially when inferiour as well as Superiour Magistrates were oppressing and tyrannizing and were the only oppressours and wolves as we see Esa 1 21. and. 3 12 14 15. Micha 3 9 10. Ezech. 22 27. And many of the people conjoyned with them in the like as encouraged by their practice ver 29. see furder for this Isa 1 ver 10 17. Ier. 5 ver 2 5 6. But sayes our Surveyer Pag. 53. That such prophetical preachings uttered to the body of Rulers and People are to be understood as reproveing what was amisse in every one in their respective calling and as injoying such duties as might be done by every one salvâ justitiâ salvo ordine modulo vocationis but to say that they minded to condemne in People the grand sin of non-resistence to the oppressing Magistrates or to incite private persones to pull the sword out of the Magistrat's hand relieve the oppressed execute judgment on the oppressours even Magistrats as Lex Rex doth say Pag. 367 is not only a most fearful perverting of the most holy scripture but a doctrine that tends directly to horrid confusion utter subversion of humane societies Ans We shall easily grant that in those sermons every one was reproved for what was amisse in his respective calling and all were enjoyned to do what might be done by them according to their places and callings and
non-sense to affirme the same thing that is there asserted But sayes he Pag. 34. Subjection to the passion may fall under a command and this is called passive obedience which implyes more then meer passion or suffering even a disposition and motion of the heart to lye under that lot with an eye to God whose ordinance is used upon the sufferer only it is called passive obedience because as to the precise suffering the punishment there is no external action done enjoyned by the law or command of the Magistrate as there is in active obedience although there be some dispositive or preparatory actions in order to suffering not inferring a direct preparation to a mans owne suffering which he may and ought to do as going to a gallowes on his owne feet or up a ladder or laying down his head on a block that it may be strucken off Answ That subjection to the passion might fall under a command was granted in some cases by Lex Rex as was said but that it falleth under a command when God openeth a faire door to eshew it he is not able to prove 2. Hovv proper it is to call that submission passive obedience is not worth the while to enquire Lex Rex tolde us and he cannot confute it that it was repugnantia in adjecto to call it obedience since obedience properly so called is relative essentially to a law Now there is no moral law enjoyning this for no man is formally a sinner against a moral law because he suffereth not the evil of punishment nor are these in hell formally obedient to a law because they suffer against their will 3. As for that disposition and motion of heart which he speaketh of that is nothing but what Lex Rex said viz. That modus rei the manner of suffering was under a command and indeed obedience to that was and is obedience to a moral law But the Surveyer called it an errour to say that only the modus rei is commanded or forbidden and why because sayes he That same command that forbids resisting the Magistrate in doing his duty enjoyneth submission and passive obedience to him although we were able by force to deliver ourselves out of his hand Answ Then by him there is no medium betwixt this submission to passive obedience and positive resistence And so either he must say that flying is resisting which yet Pag. 41. he calleth a monster of a Stoical paradox or he must say that flying and refuseing to submit to this passive obedience is a submitting to this passive obedience And whether this will not rather look like a monster of a Stöical paradox let all men of common sense judge 2. Is the guilty person bound by any moral law to suffer death or whipping if the Magistrate will not execute the sentence upon him Or is every one in that case bound to deliver up himself to the Magistrate accuse himself and pursue the accusation until the sentence be executed If not how doth this passive submission fall under a moral law If he say when he is apprehended or in hands he is not to resist but submit to the stroke Answer 1. Will not any see that then the res ipsa is not commanded but the modus rei and so Lex Rex said true Pag. 318. That passive obedience to wicked Rulers was enjoyed Rom. 13. only in the manner and upon supposition that we must be subject to them and must suffer against our wills all the evil of punishment that they can inflict Then we must suffer patiently But 2. Though we be bound to submit to the Magistrate doing his duty and inflicting just punishment will it follow that therefore we are bound to submit to the Magistrate doing not his duty but inflicting unjust punishment Or doth the same passive obedience to powers punishing unjustly fall under the moral law How doth he prove either the consequence or the consequent We assert sayes he Pag. 53. That a private person though wrongfully afflicted by the lawful Magistrate proceeding according to law let it be so that it is lex malè posita or an evil law is hound not only to Christian patience in suffering but unto a submission without repelling of violence by violence and that in conscientious respect to the ordinance of God wherewith the lawful Magistrate is invested although abuseing it in this particular and with a tender regard to the prevention of seditions and confusions in humane societies Ans 1. This is dictator-like to prove the conclusion by asserting it what a ridiculous fool is he to come with his assertions and yet give us nothing but the very thing controverted Is not this a very hungry empty man to beg when he cannot better do the very thing in quaestion 2. Then it seemeth he will grant that a privat person may resist the lawful Magistrate when proceeding contrary to law where is then the conscientious respect to the Ordinance of God wherewith the lawful Magistrate is invested and that tender regaird to prevent sedition c. which he talketh of Sure in the one case the Ordinance is but abused as it is in the other 3. Let me ask if there were a just judge sitting who would execute justice and judgement for God and were summoning him to answere for his perjury apostasy and other villannies which he is conscious to himself of and some others are privie to and could witnesse against him would he compeare or rather would he not run from under the reach of justice and secure himself or if apprehended would he not labour an escape to save his neck from the rope If so as all who know him will veryly belveeve he would where would then this submission be which is due unto the Magistrate And where would his conscientious respect to the Ordinance of God not abused but very rightly used in that particular be 4. If a Magistrate abuseing his power to the destruction of the Subjects should be resisted what inconvenience would follow thereupon Seditions sayes he and confusions would be unavoydable if every one as he thinks himself wronged shall be allowed to use force upon the lawful Magistrate proceeding by law the greatest Malefactors being ready to justify themselves and to violate the justest Megistrates in their just proceedings Ausw This is but the old song chanted over and over againe to us and may therefore be dismissed with a word viz. That as the Magistrat's abuse of his power in a particular will not make the power it self unlawful as he will grant so nor will the abuse of this resistence in a particular make resistence it self unlawful 2. We plead not for resistence by every one who thinketh himself wronged but for resistence when the wrongs are manifest notour undenyable ◠grievous and intolerable and done to a whole land to God's glory to Christ's interest to a Covenant sworne and subscribed by all to the Fundamental lawes of the land to the compact betwixt King and
a remedy to preserve the commonwealth from ruine more regaird is to be had to this which is the end then to the Prince who as such is but a medium to this end 2. Such as plead for the good of humane Societyes should as much labour to prevent the utter overturning of the same as to prevent seditions Good phisitians will labour more carefully to prevent death then to prevent a little distemper or sicknesse yea and will cause a distemper to prevent destruction but this montebank if he procure with his prescriptions present ease careth not though the patient die the next day But 3. How doth our doctrine open a perpetual gap to seditions Because sayes he by our way every private person is made judge not only his owne actions but of his sufferings and he must suffer no more then he thinks meet But 1. would he have all the Subjects becomeing more senselesse and stupide then beasts Would he have them casting away their soul judgment that they should have no more use of their reason to judge what either is commanded or imposed by penalty If he grant a judgement of discretion in actings how will he salve the Magistrat's credite and honour and prevent rebellion and sedition if there be such a necessary connexion betwixt the exercise of this judgement and the consequent he dreameth of For disobedience is a resistence as well as non-submission to the punishment 2. Though we allow to every one a judgement of discretion yet we allow no man's judgement to be the rule of his walking We say not that an erring judgment is a rule to walk by and therefore we say that a subject is bound to obey the Magistrates lawful commands though he in his private judgement should account them sinful so we say he is bound to submit to punishment which is just and justly inflicted though he judge otherwayes Yea we grant furder he is bound to submit to unjust sentences patiently when he cannot by faire and possible meanes shun them Yea moreover we grant that in matters of smaller moment he may lawfully beare with the losse of a little to redeeme more or save more from hazard But our question is if the Body of a land or a considerable part thereof ought stupidly to submit to the losse of Life Lands Libertyes and Religion when not only they judge these to be in hazard but when all who have eyes in their head see it it is undenyable being written on all the Acts actings of these in power palpably too too sensibly felt by al such as desire to keep a good conscience to be keeped free from the rageing wickednesse aposrasy of this generation 4. Though I know few malefactors who when attached arraigned condemned would not do what they could to deliver themselvs from death though this question had never been started yet our doctrine will not warrand such to do violence to the Magistrate For we judge it not enough that they say they are innocent and deserve on punishment Our case is a case that is manifest and not our and a publick injury avowed and maintained And will he think that because a Malefactor justly condemned to die may not resist the Magistrate executing his office Therefore a Land may not defend themselves against the Kings Emissaries sent out to execute unjust sentences tending to the ruine and destruction of Religion and Liberties His 2. Reason Pag. 44. is in summe this That by this way Magisirates in doing their duty cannot be secured for it is not enough to say let Magistrates rule rightly and not oppresse because that in the holy permissive providence of God oft the best princes are not best used some crossing of the will of a forward and furiâ—â—s party may move them to fancy ther Prince a Tyrant and thereupon account themselves free to offer violence And from resistence they will goe to revenge the fury of evil consciences instigating them in histories it will be found that hardly did ever people resist a prince but in end it came to revenge and of times the best princes have been worst used at least as evil as the naughtiest as may be seen a mong the Roman Emperours and Christian Emperours and Kings and amongst our own Kings c. Answ Lend us this argument and we shall see what to make of it By his doctrine people can never be secured from unjust violence or from continual oppression and slavery for it is in vaine to say let them do that which is right and Magistrates will do their duty for albeit it be true that faithful and honest subjects may in the way of their duty expect from God that he will incline the hearts of Magistrates to respect and encourage them yet in the holy permissive providence of God it comes often to passe that the best people are not best used by their princes And this all histories both ancient and moderne abundantly demonstrate This court divine is all for the secureing of the Prince in all his tyrannies oppressions and speaks nothing for guarding the saifty of the people which is the end for which Magistrates were appoynted And this is to pervert the order of nature so to secure the meane as to destroy the end For that is to make the meane the end and no more the meane 2. We justify not Subjects as are unruly seditious against good Magistrates doing their duty nor do we plead for Subjects riseing up in armes against their Magistrates for every small injury or when they deviate in a little from the right way Let him grant to us That subjects may oppose their Magistrates and resist unjust violence with violence when in stead of being Magistrates they become wolves and Tygers and in stead of being pastors of the people they become lyons seeking to destroy and devoure them and when they overturne the ends for which they were appoynted and destroy the liberties of the Subject overturne the Religion which they were obliged sworne to defend in their place and according to their power and we desire no more 3. If any under pretext of repelling of violence shall unjustly injure the Magistrate we approve not such we justify them not let them answere for that themselves This is nothing to our question if he say that our doctrine openeth a gap to this He is mistaken for such as say that the sinful and unjust commands of Magistrates should not b e obeyed do not open a gap to all disobedience even in the most just commands And since he will grant that unjust commands ought not to be obeyed let him close the door here so that from this there shall be no hazard of mocking the Magistrate when commanding just and necessary dutyes And with the same engyne shall we close the door so that when we say that Magistrates destroying Religion Libertyes and what is dear to Subjects may be resisted we shall secure the
impious and opposite to the solemne Covenants under which the Land standeth bound and obliged before the Lord conspire with them in this Apostasy against the interest of God in the Land From all which we think these things will clearly follow 1. That it may be much doubted if this last convention can be accounted by any law either of God or Man a lawful Parliament having so palpably betrayed their trust in ruleing not for God and his interest but against him end enacting things to his dishonour in selling and giving away the old and undoubted Privileges of Parliament and in betraying dilapidating disponeing and giving away the native and unquestionable Rights and Privileges of the People and in overturning the fundamental lawes of the Land and annulling the fundamental article of the compact betwixt King and People Seing Politicians will grant that such are to be accounted but private persones though we should make no mention of other informalities which usually weaken or annul the constitution of a judicature of that nature in poynt of formality as liberty denyed to some shires to choose such members as they thought good prelimitation used to all the admission of some as members not capable of an election according to our ancient and received custome the denying of free liberty of debateing reasoning dissenting and protesting which is allowed in all free Judicatories and the carrying on of matters in a head-strong violent and tyrannical manner without such previous deliberation or serious consideration and pondering the weight and moment of matters as would have become a judicature by its constitution and nature so sage and honorable 2. The native ancient and undoubted Privileges of the People are de Iure intire and inviolated notwithstanding of any thing done by this late meeting which had no power to do what they did And therefore could not wronge the rights and Privileges of the People 3. That there is no hope or humaine probability now left that ever the People of Scotland shall have a Parliament by the course laid downe or inferiour Judges to resent the injuries oppression and Tyranny done to and exercised upon them but that still their bands shall be made stronger and the yoke of oppression and Tyranny wreathed closser about their neckes So that there was not neither is there any hope so long as this course of defection standeth and is not overturned that Parliaments now or the Primores Regni or inferiour Judges shall concurre for the suppressing of Tyranny bearing downe of oppression defection and apostasy according as they ought 4. That while matters are so the People of Scotland are as if they had no Parliaments nor inferiour Judges for that end and cannot be supposed or imagined to be in a worse condition then if they never had had my such to protect them from the tyrannical and arbitrary lust and domination of Princes And therefore must be allowed to use the privilege and liberty which nature hath granted unto them to defend themselves from unjust tyranny and oppression of Princes Parliaments and inferiour Judicatories when their Representatives palpably betray them into the hands of their adversaries yea and conspire with their adversaries against them and their Privileges and instead of Patrons and defenders of their rights and privileges turne enemies thereunto and take courses utterly to destroy all By this I suppose the first Objection is sufficiently answered yet I shall adde this word more and would desire that all who are of a contrary judgement would answere this quaeree Whether or not vvould they think it unlavvful for private persons vvithout a Parliament privy Council or other inferiour Magistrates to resist a Prince or his Emissaries if he vvith the consent of these should transferre unto him self the proper and immediat right unto all the Lands Rentes Tenements possessions Heretages and goods within the vvhole Land vvith full povver to sell dispone and give avvay the same unto whom he pleased and presently upon the passing of that act cause eject dispossesse and remove all the present heretours and possessours or put them to buy it of nevv of him or take tackes thereof as taksmen fermers or tennents If they think that in this case they might lawfully resist such horrid tyranny Then why not in our case when the People contrary to all law oathes and vowes are put out of the possession of their Covenanted Religion reformed in doctrine worshipe discipline government that by meer violence and tyranny Sure such matters as touch Soul and consciences ought to be as deare to People as what concerneth their bodyes and estates Or if we should put the case That the King were about to sell the whole Land unto the Turk or unto Irish bloody Papists by bribes or promises should procure the consent of a Parliament the concurrence of Council and other judicatories as really upon the matter walking according to the acts they have made he may Might it be unlawfull for People in this case without the concurrence of inferiour Magistrates who had now sold them and basely betrayed their trust to stand to their owne defence and to the defence of their posterity and their lives rights liberties and privileges And if this cannot be asserted by any man who hath not made a perfect surrender of his owne reason unto the will and lust of another why can resistence in our case be condemned Seing soul matters are of infinite more worth then these outward things And it were lesse bitter to know and see our posterity redacted into a state of perfect slavery unto forraigners as to their outward privileges them to see them shut up into a closse prison of soul slavery and bondage destitute of the pure and lively ordinances of salvation and frustrated of the glorious and excellent liberties and effects of a purely preached gospell and so shut up in a dungeon of ignorance superstition and all Prophanity that they should never know what true liberty meaneth As for the next objection taken from this that they were not the Whole Body of the land but only a part thereof which cannot be so well justified It may easily be answered That it being lawful for a single persone in some cases to defend himself from unjust violence It will be much more lawful for a considerable part of a Kingdome to defend themselves though they get not help of others Though all be bound to help a ravished maide yet though none should help she may resist and defend herself But to leave this because we have adduced many arguments that concludes the case lawful even for a part of the Kingdome we shall speak to the complex case not only as it was a defence but also a probable meane to put a stop unto the course of defection Which was and is carryed on and to redeem the land from spiritual bondage and slavery as well as bodily And to this we say That when the case is a publick case
concerning all the land no lesse then these who jeoparded their lives for the same no man in reason can condemne these few that undertooke the interprise the profitable effects of which would have redounded to the whole When a city is on fire no man will think the few that hazard their lives to quench the same are to be blamed though the rest doe lye by and will not concurre The men of Ephraim Benjamin and Issacher who followed Deborah and jeoparded their lives upon the high places of the field that they might deliver the whole land from under the Tyrranny of Iabes King of Canaan though Reuben God and Zebulon did not concurre according to their duty were not the more to be blamed but are the more praised and commended and such as came not put to the help of the Lord against the mighty were under a bitter curse The common tye of Christianity and brotherhood and other supervenient obligations did oblige all the Land as was shewed above to concurre as one man to endeavour the deliverance of he Land from dreadful oppression and tyranny and because the greatest part like Issacher in an other case loved to couch under the burden and refused to contribut their help for their owne delivery and proved enemies shall these few who ventured their lives and Estates and all which they had for the liberation of the land be the more upon that account condemned What hight of absurdity were this Had the Men of Ephraim good reason to challenge Iephthah Iudg. 12 ver 1 2. c. because he fought with the Midianites without them when he sayes that he had called them and they would not come out If an Enemy invade the land and such provinces as are furthest from danger shall neglect or refuse to concure with the rest to expell them yea shall strengthen the invadeing enemy shall these be blamed who are next to the danger to take the alarme at the first and do what in them lyeth for their owne saifty and the saifty of the whole land Therefore seing the cause which these few owned was of common concernment and equally respecting the whole land since the rest would not concurre as they were bound to do they are more praise-worthy then blame-worthy that ventured all for the good of the whole land and did what in them lay to redeem the whole land from that oppression and bondage under which it was lying If it had been some small petty particulare of their owne it had been more lyable to the censures of men but the cause being Common which they did owne a Covenant sworne by all ranks of People and a Covenanted work of reformation and liberty from tyranny both in Church and State was a cause not peculiar unto them but common to all the land it is the hight of absurdity illegality yea and inhumanity to accuse them of Treason of sedition or to condemne their interprise upon that account So that though the major part of the land turne so corrupt as to imbrace a corrupt abjured course see their privileges taken from them the vvork of God overthrovvne lavves ratifying and approving Religion reformed in doctrine vvorshipe discipline and government and secureing people in their peacable and Christian possession of these novv abolished rescinded and annulled their libertyes as civil scotish men and as Christians sold avvay their fundamental compact and the cardinall clause of that contract betvvixt King and Subject cancelled and shamefully brocken Tyranny and oppression of consciences bodyes and Estates established and no legal remedy or redresse apparent or probable and shall notwithstanding of all this love to sit still not to be stirr themselves according to their places power for secureing Religion lawes libertyes For extirpating abjured prelacy and malignancy and restoreing the Ordinances of Christ to their wonted purity delivering the land from slavery bondage from stupenduous apostasy defection at which the Heavens may stand astonished and all men and angels may wonder Shall their negligence and deficiency in duty binde up the hands of the wel affected and render them utterly incapable in law to minde themselves and the good of the whole land the good whereof they are obliged by many bonds and obligations to seek by all farie meanes possible Neither doth the lawes of Nature the lawes of God nor particularly the bond of Christian love to their Native land to their Mother Church and to their Christian oppressed brethren nor the bond of their Covenants solemne vowes and engadgments so limite this duty and loose them from all endeavour after a performance But by the contrare if God give any probable capacity upon all these considerations they are the more obliged to lay out themselves to the utmost and to account themselves the more indispnesably obliged thereunto that as the hazard is greater the losse is the more certane and irrecoverable Wherefore seing the ground and ends of the riseing of these few was not particular but general and national the good and benefite of the interprise redounding unto all no lesse then to themselves and being that whereunto all no lesse then they were obliged by solemne vowes and moral bonds their case must be otherwise considered then the case of a few malcontented persons who because of some particular injuries done to themselves and for some particular ends proper and peculiar to themselves alone arise in rebellion against the lawful Magistrate The Royalists themselves allow it lawful for any privat person to kill an usurper or a Tyrant sine titulo and why But because the good of this action doth redound not to himself alone But to the whole Land So in some places a reward is promised to all such as shall kill a Bear or any such noysome beast because the good and frute of this action concerneth moe then themselves and therefore though all were bound to do what they did yet they are not blamed but rewarded for what they have done So should these rather have been revvarded then blamed or condemned for vvhat they did interprise for the universal and national good of the vvhole Land As for the third Objection so much hath been spoken of that already whether we mean the particular sufferings and oppressions of the People of Galloway The Naphtaly is full to this purpose or the general calamity by reason of apostasy defection perjury oppression in Religion and libertyes which is so noture that none who hath not renunced common sense together with Religion honesty can deny it or pretend ignorance thereof that we need do no more here but give a short reply to what the Surv. hath said to this matter only we would adde this That if That learned lawyer Althusius in his politikes Cap. 38. n. 5. c. give the right characters of a Tyrant and of Tyranny we may have good ground to say that our land beareth many blae marks of that tyranny for sayeth he there is
one kinde of Tyranny which consisteth in violating changeing or removing of fundamental lawes specially such as concerne Religion such sayes he was Athalia Philip the King of Spaine who contrare to the fundamental Belgick lawes did erect an administration of justice by force of armes and such was Charles the IX of France that thought to overturne the Salicque law and whether our King be not in this guilty in overturning the fundamental lawes concerning our reformed Religion let the world judge Next sayes he when he keepeth not his faith and promise but despiseth his very oath made unto the people and who is more guilty of this then King Charles the 2 â— n. 9. He giveth us this mark when the supreme Magistrate marketh use of an absolute power and so breaketh all bands for the good of humane society and are not the bonds both of piety and justice novv violated n. 11. He tels us a Tyrant doth take away from one or moe member of the Commonwealth free exercise of the orthodox Religion and n. 12. that for corrupting of youth he erecteth stage-playes whore houses and other play-houses and suffers the colleges and other seminaries of learning to be corrupted and n. 15. that living in luxury whoredome greed and idlenesse he neglecteth or is unfit for his office How these sute our times we need not expresse Then n. 16. He sayes he is a Tyrant who doth not desend his Subjects from injuries when he may but suffereth them to be oppressed and what if he oppresse them himself n. 19. who sayes he by immoder at exactions and the like exhausts the subjects Jer. 22 ver 13. 14. Ezech. 34. 1 King 12 19. Psal 14 4. and n. 10 who hindereth the free suffrages of Members of Parliament so that they dare not speak what they would how much of this we finde to be true in needlesse here to expresse Then n. 23 24 c. he tels us he is a Tyrant who takes away from the people all power to resist his tyranny as armes strengthes and chief men whom therefore though innocent he hateth afficteth and persecuteth exhausts their gods and lively-hoods without right or reason all which he confirmeth by several Scriptures And how apposite these are to our present case all know who is not an utter stranger to our matters So that when we have so many things to alledge none can justly blame us for saying that vve are oppressed and borne dovvne vvith insupportable tyranny and now we goe on to consider what he sayes And as to the first he tells us Pag. 68. That their life and blood was not sought upon any tearmes there was no forceing them to idolatry nor false worshipe nor frighting them to any thing of that kinde upon paine of their lives only for contempt of the outward ordinances of God purely administred in an orthodox Church they were put to pay such moderate fines as the publick lawes had appoynted Without any actual invasion of them or their persones They were the first aggressors murthering the Kings Servants and seiseing on his chief officer They had never before that assayed supplicating which was not forbidden them to do if so be they would have done it without tumults and combinations but flew to the sword and marched on to mock authority with armed petitions as they mocked God by sinful prayers to prosper their evil course Answ 1. What intention there was to seek the life and blood of these People God koweth But sure all who knew their case saw that their life was only left them that they might feel their misery So were they oppressed and harassed that death would have been chosen rather then life Were they not beaten wounded and bound as beasts their goods and substance devoured before their eyes were not their lands and tenements laid waste and many redacted to beggary Besides other inhumane barbarityes which they were made to suffer 2. We see he would allow it lawful to resist if the King should force to idolatry and false worship and what will he do then with his arguments which will not allow that exception as they are urged by him He must necessarily grant that they are inconcludent that it holdeth here Argumentum nihâ—l probat quod nimium probat 3. How beit they were not forced to idolatry yet by the same law reason and equity or rather Tyranny and inquity they might have been forced to that as to what they were forced That is by the law of Tyranny and violent oppression They were pressed to owne and countenance perjured prophane wicked and debauched Curates thrust in upon them contrare to their Privileges as lawful and duely called Ministers and thereby to owne and approve of Prelacy which was abjured and cast out of the Church with detestation and so to concurre in their places and stations with and give their testimony unto a most wicked and unparallelable course of defection and Apostacy from God and his holy wayes and works and thereby to condemne the Reformation of Religion in doctrine Worshipe Discipline and Government which God had vvonderfully vvrought amongst us and vvhich all ranks of People vvere solemnely svvorne to maintaine and defend 4. He talketh of the outvvard ordinances of God purely administred vvhen all knovv how these profane vvretches made all vvho ever knevv vvhat the service of the true and living God vvas to abhore the offering of the Lord For they despised the Name of the Lord and offered polluted bread upon his altar and made the table of the Lord contemptible they offered the blinde the lame and the sick and torne and thus they vovved sacrificed unto the Lord a corrupt thing Yea their administration of ordinances vvas and is to this day rather like histrionick acts and scenes then the service of the true and living God And vvhat sober serious Christian yea vvhat soul that hath any beleeving apprehensions of the Majesty of God can be vvitnesse let be a concurring actor in and consenter unto such abhomination and idol-like Worshipe 5. He talkes of an orthodox Church vvherein perjury and such like abhominations are approved and countenanced maintained and avovved and vvherein the vvork of Reformation of Religion in Doctrine Worshipe Discipline and Government is condemned a Covenant abjureing Popery Prelacy Prophanesse Schisme and Heresy and whatsoever is contrary to sound doctrine and the power of godlinesse condemned and annulled and wherein Atheisme wickednesse ignorance licentiousnesse and all sort of prophanity yea and blasphemy aboundeth and wherein there is so much Popery and idolatry countenanced and connived at and such abhominations reigneing Our first confession of faith recorded in Parliament Cap. 18. giveth this as one note of a true Church viz. That in it Ecclesiasticall Discipline be uprightly ministred as God's Word prescribeth whereby vice is repressed vertue nourished But now there is a discipline repugnant to Gods Word administred whereby vice is nourished virtue suppressed 6. He sayes that
faction which hath now destroyed the work of God and those Rules mentioned And what lyeth latent under board the Lord knoweth 4. He asketh the question if any of the People of the Land be spoiled of their lawful civil libertyes As if a man should enquire if the Sun were risen at twelve houres of the day Our Religion reformed in doctrine Worshipe Discipline and Government which was one of our maine civil most lawful libertyes is taken from us The liberty of supplicating which the Law of God the Law of Nature and the Law of Nations allow it taken from us The liberty of free election of Members of Parliament was taken away Liberty of protesting in Parliament was taken away The Kings prerogative is screwed up to such a hieght that it overturnes the true native libertyes of the Subjects Many honest Subjects are cast into prisone no transgression being once alledged far lesse proved against them The due exercise of their Religion as was covenanted is taken away Lawes are not executed in a civil manner as they ought to be among free Subjects Iudicatories are set up and erected without the consent of the People or their Representatives Libertyes and Privileges of brughes and such incorporations are taken away unlesse they will renounce and abjure a lawful religious and necessary Covenant The free exercise of justice especially against Nobles is stopped The Lieges are not ruled by the Lawes of the Land but by the arbitrary will and lust of few Prelates and the privy Council Will he ask now if our libertyes be taken from us or will he call these unlawful 5. He asketh in the next place what one thing the King hath done without consent of the Peoples Representatives in Parliament at vvhich any may except as a grievance It seemeth he is either of a very short Memory or he thinks the High commission-court a very small inconsiderable businesse for the consent of Parliament vvas never had unto this inquisition-court neither of old nor of late And yet this was such an heavy yoke of bondage that made all the land to groan and against which as a most intolerable grievance all the corners of the countrey could give in their exceptions And as for this late Representative so called they have enacted many things contrare to their power and turst as vve have shewed No power under heaven could enact what they have enacted No power under heaven could anul condemne and rescinde lawful Covenants made with the most high God They were not in tuto to rescinde and anull unalterable lawes more firme and fixed then any Lawes of the Medes and Persians For lawes confirmed with oathes and solemne vowes to God are not ambulatory as other politick lawes And therefore all the lawes being good and necessary in their owne nature by the supervenient addition of an oath confirming and ratifying the same became absolutely unalterable by any Man or company of Men whatsoever So that all the lawes made by King and Parliament to the prejudice of the Covenanted work of reformation are intolerable grievances dishonourable to God and prejudicial to the welfare of the Subject and to which neither People nor their Representatives real of supposed could ever lawfully consent 6. He asketh what burden he hath laid upon their Estates but by Law But this is a vaine florish seing all that know what that Parliament was know how prone and ready it was to devote if it could unto the lust of the King the Souls Consciences Estates and all which the Subjects had little regairding either the true liberty or reall advantage of the People CAP. XVII The Objections of others examined WE have now examined all which this Surveyer hath said against us in the poynt of resistence yet that we may satisfy if possible all persons and partyes touching the lawfulnesse of this act of private persons defending themselves and their Religion from manifest Tyranny and oppression we shall remove likewise such other objections as some others are pleased to make use of and which our Surveyer hath possibly forgotten to adduce 1. Obj. Subjects are obliged to performe all dutyes of obedience and fidelity unto their Magistrates and albeit the Magistrates turne a manifest Tyrant every one cannot loose that obligation at his owne hand Hoen Disp Pol. 9. Thes 55. Ans 1. Subjects as we have seen are but conditionally obliged to performe these dutyes unto the Magistrate and not absolutely whether he play the Tyrant or not by Hoenonius his owne confession 2. Though each particular person can not loose the obligation when he will yet when a Tyrant hath by his acts of tyranny loosed the obligation upon his part a body of a People or a considerable part thereof may defend themselves against his tyranny as if there were no obligation betwixt him and them 3. Though the obligation stand uncancelled and not abrogated resistence may be granted for a Sone may resist his Father and a Wife her Husband though the obligation continue firme and not dissolved Obj. 2. By this meanes a window should be opened to all seditions conspiracyes and rebellions Hoen ubi supra Ans Incommodum non tollit argumentum The abuse of a liberty doth not destroy the liberty 2. By this argument absolute and unlimited obedience might be pressed lest if private persones might refuse obedience a door for all sedition and disobedience should be opened 3. By the contrare assertion a door shal be opened to all Tyranny and oppression which should tend not only to disquyeting of the peace but to the ruine and destruction of the Common-wealth Obj. 3. Subjects are to pray for their Magistrates Hoen ibid. Answ True but the consequence is naught Therefore I may not resist them when they tyrannize and oppresse unjustly it doth not follow I must pray for my equalls and inferiours and open enemies whose unjust violence I may notwithstanding resist Obj. 4. A son may not do violence to his Father though never so unworthy for no impiety can be punished by paricide Far lesse may violence be done to the Prince who is the Father of the Countrey Hoen ib. Answ 1. This simile helteth as we have shewed 2. If the Father abuse his power the law will deprive him of it L. 6. Lenones L. 7. C. de Inf. expos L. 2. C. de Parent qui Fil. distrax L. 2. de his qui sunt sui vel alieni Iuris § sed Domin Iust. D. Titul L. ult si quis a Parente manumissus 3. The simile is for us who plead only for resistence as we shewed not for killing and destroying Tyrants 4. If the Sone be a Judge and the Father a malefactor the Son must execute judgement on the Father Obj. 5. Destroying of the head though it be sickly and tender tends to the destruction of the whole body Hoenon ibid. Answ There is no such connexion betwixt King and Subjects as betwixt Head and Members of our natural bodyes A Tyrant may be
and often hath been destroyed and the body of the Republick hath remained intire and in better condition then formerly 2. Opposition may be so made to the Head that it destroyed not the noble parts with defluxions sent downe thence and it must to prevent the destruction of the body be purged so may a Tyrant be resisted for the saifty of the Commonwealth Obj. 6. It is better to have a sick head then no head id ibid. Ans Datur tertium there is a third a sound wholesome head 2. A commonwealth needs not want a head long Obj. 7. There is greater hazard in casting out a Tyrant then in suffering tyranny idem ibid. Ans 1. resistence may be without destroying or casting out of a Tyrant 2. That hazard speaks not to the lawfulnesse or unlawfulnesse of the thing but only to the expediency or inexpediency of it which is a different question An interprize may be hazardous and yet lawful 3. It will not alwayes be found to be such a hazardous thing even to cast away Tyrants as to suffer them to tyrannize Obj. 8. A Tyrant can never be destroyed without the ruine of these who have destroyed him for some of his posterity will avenge the quarrel id ibid. Ans 1. We have many instances to the contrary in the Book of God See the Books of the Judges and Kings who of Joram's posterity avenged his death on Jehu or his posterity 2. A Tyrant may be resisted lawfully notwithstanding of such difficultyes Obj. 9. God punished the wicked Kings of the Jewes not by the Jewes but by strangers id ibid. Answ This is contrare to many examples in Scripture Jehu was not stranger 2. We speak not of punishing wicked Kings but of resisting their unjust violence Obj. 10. David spared Saul 1 Sam. 24 and 26. Whom he might lawfully have killed as some think because he had given David's Wife to another had banished him and his Parents out of the countrey and had killed the Priests id ibid. Answ If David was a publick Judge and might lawfully have killed Soul for his injustice murther and oppression and did it not I see not how he can be justified But to me it is a question if David was any other then a private person so long as Saul lived and his resisting of Saul and defending himself with armed men against his fury doth abundantly confirme what we say Object 11. Ieremiah doth not arme the jewes against Nebuchadnezar with a sword but with prayers for him Id. Ibid. Answer 1. We have not Ieremiahs now to reveal God's minde to us extraordinarily 2. If this were a standing precedent The Supreame Magistrate might not defend himself and his subjects against a forraigne Enemy comeing to destroy and conquere the land for Ieremiah commanded the King to submit to Nebuchadnezar Object 12. Christ commandeth tribute and not poyson to be given to Princes Id. Ibid. Answ We plead not for Poysoning of Princes but for resisting their unjust violence against which Christ doth not speak but rather he ought to have remembered these words Let him that hath no sword sell his coat and buy one Obj. 13. Paul Act. 23 ver 5. Will not have an evil Prince so much as cursed Id. Ibid. Answ Then no Magistrate no not an inferiour should be resisted for such may not be cursed doing their duty 2. We may not curse nor revile any of out equalls or inferiours Mat. 5 v. 44. Rom. 12 v. 14. Livit. 19 ver 14. and 20 v. 9. 1 Cor. 6 ver 10. and yet such useing violence against us may be resisted we may not curse the rich Eccles 10 20. and yet they may be resisted when violently and injuriously they assault us Obj. 14. War is not lawfully undertaken without the warrand of the Superiour But Subjects have no superiority of authority over the Magistrate Gerhard de Magist Pol. § 483. Answ 1. A war defensive may be undertaken without the expresse warrand of the Superiour 2. Defence may be used by such as are inferiour to the aggressors as by a Wife a son a Servant as is shewed yea the injurer is ever eatenus inferiour to the injured in Law Obj. 5. Christ sayd Mat. 26 ver 52. that such as took the sword should perish by the sword Id. Ibid. Answ That is true of such as useth the sword further then God hath allowed or contrare to his expresse revealed will but not of such as have a lawful call thereto by the Law of Nature and use it in their sinlesse defence when there is no countermand of God Which place we have abundantly vindicat already where we shewed that his commanding them to sell their coat to buy swords sufficiently warrandeth this self defence And though some do take that speach to be allegorick yet the whole context cleareth that it is meaned of swords of steel for they said Here are two swords and he said it is enough Sure these were swords of outward mettal as the event proved And to answere Mat. 26 ver 52. with Luk. 22 ver 39. is not to set Scriptures by the eares but a solid way of answering an argument brought from abused Scripture as Christ's practice teacheth us answering the devil's argument taken from Psal 91. 11. by produceing another passage Deut. 6. 16. see Mat. 4 6 7. Obj. 16. The example of the saints in the Old and New Testament is against it neither the Prophets nor Apostles gave this Command but rather prescribed unto them patience and prayers That Citizen of Nieomedia was condemned of all who tore in pieces the Emperour's edict against the Christians Id. Ibid. Answ 1. We have seen instances both in the time of the Old Testament and in the dayes of the New Testament making for us 2. We finde not the Prophets nor Apostles forbidding this 3. Their pressing to patience and prayers is not repugnant to this innocent res istence we may pray against forraigne invaders yet may we resist them 4. Tearing of the Emperour's edict is no act of self defence Obj. 17. This would close up the way of persones acquireing the crowne of Martyrdome Id. Ibid. Answ If upon this account private persons might not resist Magistrates neither might inferiour Magistrates resist the supreame which yet he will not condemne Yea. 2. If this ground hold the Supream Magistrate might not resist an army comeing to destroy him and all his Kingdome for Religion but He and all were bound to hold up their throats that they might receive the Crowne of Martyrdome 3. It is good to waite for this Crowne in God's way and not to run to the stake without a cleare call and if People may fairly and with a cleare conscience deliver themselves it is a question if they be called to suffer Obj. 18. Some adduce that place Eccles 8. ver 2 3 4. I counsel thee to keep the Kings command and that in regaird of the oath of God he doth whatsoever pleaseth him where the
all which he hath to this purpose For as touching his application of this pag. 9. and 10. all alleging that there is no perversion of the Ends of government now it hath been spoken to already and his adversaries in this position if there be any such which I am ignorant of will think and make out that the ends of government are so far perverted that if there were no other thing lying in the way of a secession then vvhat he hath said they vvould think it of concernment to minde this outgate vvhich they had no thoughts of before And the King should then think himself little obliged to this man and his defences and wish that he had been sleeping when he wakened such a debate and himself had bestowed his gold another way For sure if such a thing were upon the heart of people now as I hope am confident it is not they will professe themselves obliged to this Surveyer for putting it into their head first and that all which he hath said against it would rather invite and encourage them to it then discourage them from it May not then this Man be ashamed to take his Majesties Money and do so bad service for it as he hath done But Some will possibly say what could any persons have said more Well though some should think me officious to take his Majesties part and defend his cause un-hired yea and undesired yet I will propose one thing which I am confident shall be more effectual for preserving the immemorially setled frame of this Nation and the union of all his Majesties Dominions to all generations without dissipation or dissolution or any hazard or feare thereof Then what this Pamphleting Prelate hath said Or will say though he should write volumes at this rate What is that you will say It is no great secret yet if heartily followed it shall prove infallibly effectual Let his Majesty Turne to the Lord with all his heart and repent of his fearful perjury and defection and minde his oath made unto the great God and performe his vowes and fulfil his Covenant which he swore with hands lifted up to the most high God and solemnely promised to owne and prosecute as he should answere to God in that day when the secrets of all hearts shall be disclosed and execute judgment on the Apostate Prelates by hanging them up before the Sun that the fierce anger of the Lord evidenced by moe as twice three Yeers famine of the word may be removed and on all others who have been authors and abettors of this norrible course of defection and unparallelable apostasy which makes these lands an hissing and a by-word to all nations and let him honestly and with an upright heart prosecute the ends of these holy Covenants and with that Godly King Asa 2. Chron. 15. Enter into a Covenant that whosoever will not seek the Lord God of Israel shall be put to death whether small or great whether Man or woman And let his successours follow his footsteps in this and he and they shall finde no imaginable bond so sure to tye his Kingdomes together perpetually as an indissoluble Society then these holy Covenants particularly that solemne league and Covenant In which all his subjects in Scotland England and Ireland did sweare in a most solemne manner to maintaine and promove reformation of Religion in Worshipe Doctrine Discipline and Government and endeavour to bring the Churches of God in the Three Kingdomes to the nearest conjunction and uniformity in Religion Confession of faith Forme of Church government Directory for worshipe and Catechiseing c. that they and their posterity after them may as brethren live in faith and love and the Lord may delight to dwell in the midst of them and that the Lord may be one and his name one in the three Kingdomes and to endeavour the discovery of all such as have been or shall be incendiaries Malignants or evil instruments by hindering the Reformation of Religion divideing the King from his People or one of the Kingdomes from another or make any faction or partyes among the People contrary to this League and Covenant that they may be brought to publick tryal and receive condigne punishment And that they should each one of them according to their place and interest endeavour that the Kingdomes may remaine conjoyned in firme peace and union to all posterity And that they shall not suffer themselves directly nor indirectly by whatsoever combination perswasion or terror to be divided withdrawne from this belssed union and conjunction Now what bonde more strong to unite and keep together his Majestie 's Dominions can the wit of Man imagine And shall not the owneing and prosecuting of this Covenant Appear to all rational persons the most infallible meane to effectuate this indissoluble union and lasting Conjunction that can be invented CAP. XIX How weakly and foolishly the Surveyer defendeth his Majestie 's Life is shewed THe surveyer finding how poorly he had defended the cause now mainly controverted viz. The unlawfulnesse of Peoples defending themselves and maintaining their Religion against manifest and intolerable oppression Cap. 2. That he might do something for his money would start another question wherein he thought he should do his Majsome acceptable piece of servicé and secure his life when all came to all Though he could not cudgil with his railing for he can move none with his reason the People into a stupide and irrational subjection so that let the King rage worse then ever Nero did they should not lift a hand to resist and withstand him He thinks he shall do the next best viz. he shall fortify his Majestie 's person and set such a guard of impregnable reasons about him that no man no company of men yea no judicatoure shall ever approach to touch his sacred person or to spoile him of his life a guard of reasons like lyon rampants be-like he thought them more invincible and saife then a legion of the most valient Champions that his Majestie 's kingdomes can aford But poor man he may dreame that such armes are impenetrable and proof because they are the best in his armory or that his dull head could hammer out But no man of reason will think so yea all who know that belongeth to this controversy and are not professed adversaries yea and the most ingenuous of them too will upon second thoughts be forced to say That never any put pen to paper in the King's quarrel who hath so foolishly and childishly managed that disput and how little he deserveth thanks let be a reward for his paines such as are sober will judge when they consider how little ground he had to move such a question now seeing the wronging of the King's Person or his just authority was not intended by those worthies who arose for the maintenance of Religion as such of them who were publickly put to death did openly upon the scaffold confesse and avow and
consider also how the Author of Naphtaly hath been miserably misunderstood by him It is not our purpose nor our present businesse to speak unto this head and shew for what causes or by whom kings are to be questioned deposed or executed Far lesse is it our purpose to defend the taking away of the late King's life though this railing Pamphleter thinks to fasten this upon Naphtaly And therefore we might palse what he sayeth to this purpose Chap. 3. Yet as in the preceeding Chapter we have shewed how ill he hath maintained the union and conjunction of his Majesties Dominions So in this vve shall shovv hovv vveakly he hath guarded his life against such as vvould oppose themselves unto him in this question But first vve vvould take notice vvhether Napthtali hath given him such ground to fasten upon him the justification of the murther of the late King as he allegeth The matter sayes the Surveyer in dealing with Magistrates according to Naphtali's minde rests not in a meer resistence of them by meer private persons but goes on to a retaliating and revenging upon them wrong supposed to be done for his man againe jeers at the Soveraigne Powers Privilege and Impunity of Divine exemption Ans Doth this man know what he writeth Doth Naphtaly say That private persons may revenge wrongs upon the Supream Magistrate because he jeers at such as plead for such a Privilege and impunity unto Soveraigne Powers as will exempt them from all tryal and punishment both of God and Man What meaneth he else by this impunity of divine exemption Then he tells us pag. 71 and 77. That Naphtaly Pag. 29. reflects not obscurely upon the horrid murther of our late Soveraigne Let us hear Naptaly's words then shall we better judge And as these inferiour Princes sayes Naphtaly Pag. 29. Do often forget their subordination to the most High in their unjust commands and would usurpe his throne by an uncontrollable Soveraignity So the Lord by the warrand of his Word and approbation of his providence and also of the People when by them oppressed but by himself animated strengthened hath declared made void this their pretended exemption impunity removed the carcasses of such Kings and broken their scepter amongst which precedents the instance of these times whereof we now speak is worthily recorded and deserveth better to be remembered Now Naphtali is speaking of what fell out betwixt the year 1494. and the year 1560. in that place and makes no mention of what fell out an 1560. and afterward till he come to Pag. 31. c. Sure then the times he is speaking of being before the year 1560. are far from the times wherein King Charles the first was executed But sayes he there was no such thing as murthering of Kings or dethroning of them at that time Answ Yet the Lord at that time declared and made void the pretended exemption and Impunity of Princes and Soveraigne Governours by removing in his providence their carcasses and by the approbation of the people when by them oppressed by himself animated breaking their scepter as vve finde was done to the Q. Kegent anno 1559. when she was by the People the Nobles Barons and Burgesses assembled to deliberate upon the affaires of the commonwealth Octob. 20. deposed from her Regency and upon the ninth of Iâ—n the next yeer God removed her carcasse by death so that the land was no more troubled with her Who may not now see what a poor ground this Railer had to father such a tenet on Naphtali as he doth And what advantage the King's cause hath gotten by this we shall novv see He tels us Pag. 72. That most of the venome this man meaning Naphtali hath against the powers ordained of God he hath sucked out of the breasts of Lex Rex It were not right to dig up all the pestilent untruths of that piece set forth in most impertinent and sophistical reasonings mixt with infinite humane bitternesse against the late King Only as it were to be wished that such errours might be buried in eternal oblivion so it is to be regrated that too too many of the Ministry and others in Scotland have been poysoned with such principles and the same not being very like to be suddenly extirpat the more need have the powers above us to be watchful Ans The author of Lex Rex and of Naphtaly also ascribe as much to the powers ordained of God as God's word will allow and are no way opposed unto them but only unto Tyranny which is no Ordinance of God and this Man rather spitteth venome in the face of the power ordained of God vvhen he goeth about to patronize and defend their illegal and iniquous exorbitances as if these were the ordinance of God which are rather the ordinance of Satan Sure this is not farr from blasphemy to call such courses the Ordinance of God 2. He hath taken a short cut I confesse to answere that unanswerable book Lex Rex To say that it is full of pestilent untruthes set forth in most impertinent and sophistical reasonings Had King Charles the first when he read that book remembered this or thought upon it he would not have said he feared as is reported he did that it should not have been answered But what Man who hath not de nuded himself of all wit and reason will take upon this perjured Apostat's word these Truthes which Lex Rex hath demonstrated which this Man was so unable to answere that I much question if he well understood many of them or if his lumpish braine could discerne betwixt a sophistical reason and a true and real reason to be untruthes and these truthes so wholesome and useful to all Republicks and necessary to be knowne and wel digested by all who consult the welfare of commonwealths to be pestilent untruthes and his unanswerable reasons to be impertinent and sophistical 3. I am sure all the Cavaliers and the Malignant squade would have thought him well worth his gold if he had in a sober rational manner discovered the impertinencies and sophistical reasonings in that book which yet is like to speak after it is burned and under a legal restraint though he should have spent the most part of his dayes upon it it may be the Royal cabal would have thought it Dignum opus and have canonized him for it and advised the King of Remember the issue of such a worthy singular pillar of the tottering throne But the man knew how far his stock would reach and that all the gold in the Kings treasures could not make his head stronger then it was how ever it might superabundantly fortify his purse and therefore seing his short horns could reach no further his Majesty must rest satisfied with this And Lex Rex must be declared as it is to be furder unanswereable 4. Seing he wisheth that such errours might be buryed in oblivion why did not his vvork follovv his vvish Why did
when they dealt perfidiously contrare to the law of God might be lawfully deposed by the people Yea he tells us that whiles wicked princes and Kings were not removed all the people were punished of God which he proveth by Ier. 15 1. to ver 6. and a little thereafter tels us that if the children of Israel had thus deposed Manasseh they had not been so grievously punished with him Yea Schikcardus in his jus regium hebraorum Cap. 2. Theor. 7. tells us Pag. 56. 57. out of the Rabbines that the Kings of the jewes might have been called to an account punished for transgressing of the law by the Sanhedrin especially if they took moe wives and moe horses then vvere allowed and heaped up riches for these causes he proveth Pag. 60. out of Hal. melach c. 3. § 4. Halach Sanhedr cap. 19. Talmud cap. Kohen gadol Siphri pars schoph That they were to be scourged And histories show us How this Sanhedrin even in their weak and declineing times were loth to quite with this power and therefore did question Herod who was set over Galilee by the Romans for some murther committed by him see the history set forth by Iosephus Antiq. lib. 14. c. 17. And if any should object that Casaubon ad annal Eccles exerc 13. n. 5. hath proved the contrary out of the Talmud The forecited learned Shikchardus Pag. 63. 64. sheweth out of the very places cited by Casaubon how he was mistaken and how the Kings of David's line both did judge and were judged 2. Sayes he It is good that this Metaphisical Statist was no Chief Priest or member of the Sanhedrin in Davids time for he would have afforded a corrupt exposition of the Law to cut off the King What sots were the Priests Prophets at that time that did not instigate the Sanhedrin This man could have told them that they were above him and they were bound to execute the Law upon him Answ It was good that this superlatively irrational parasite and infraphysical fooll was not breathing in these dayes for he would have told Kings you may Kill murther massacre destroy all the land Man Wife and Childe without the least fear of resistance and have told the People the Sanhedrin and all the Elders of Israel though your Kings turn butchers and destroyers of the People of God worse then ever Nimrod or any that ever breathed since his dayes you have no more to do but hold up your throats or flee to the uncircumcised out of the inheritance of the Lord. But what sayes all this to the thing Doth this pove that David or any King was excepted in the Law of God Where In what chapter or what verse shall we finde this Good Master prelate tell us or where we shall finde it in your book of wisdome 2. We finde not that any of the Priests or Prophets reproved David for spareing Ioab that murtherer who shed the blood of war in peace 2 King 2 ver 5. was it therefore right in David to have spared him Sure they might well have told David that though Ioab was a great man yet he was above him to punish him as well as another Man for his sin and in poynt of conscience and by God's Law he was bound to do it These sinful acts of Ioab were more notoure then what David had done in secret And because we finde not that he vvas reproved upon this account shall vve therefore use this Man's dialect and say What 's sots or coldrife senselesse Men were the Priests and the Prophets of that time who did not instigate David to execute the Moral Law on Ioab that wrath might be turned away from the Land 3. He tels us that the author of Lex Rex Vtterly mistakes the meaning of the Word of God Gen. 9 6. as for the other texts they clearly concerne Magistrats only toward such over whom they have power but does neither instigate the inferiour Magistrates against the Superiour nor the People against any of them where it is said he that sheds mans blood by man shall his blood be shed Ans 1. The author of Lex Rex doth not say that these places do instigate the inferiour Magistrats against the superiour nor the people against both but that they poynt forth the Magistrate's duty to judge righteous judgment and to accept no Mans person be he a Prince or be he a poor Man And if they concerne Magistrates toward such over whom they have power The author of Lex Rex seeketh no more for he had proved and this vaine windy man hath not the head though he want not a heart and good will to it to ansvvere his arguments that the Estates and Representative of the People have power over the Prince 2. It is a hard censure to say that he hath utterly mistaken the meaning of Gen. 9 ver 6. Let us hear how Concluding hence sayes he that there is here a precept that the blood of every man though he be in the supreame power should be shed by his inferiours if he shed blood innocently and without cause Answ But this is not the conclusion that Lex Rex draweth from the place He only sayeth That in this place there is no exception made of the Prince though he be the Supreme power And can this Man for all his skill demonstrate the exception Lex Rex said not that his blood should be shed by his inferiours but by the Estates of the land who are his superiours what way then hath he mistaken the meaning of this word What furder Supposeing says he this word not only to be predictional but also diatactick and perceptive there must be meet limitations of the sentence both in the subject and attribute Grants all what limitations will he have in the subject that sheds mans blood It is to be understood says he only of such as have no authority and do it out of private revenge for we must not owne the fancies of Photinians and Anabaptists that condemne lawful warres and capital punishments Answ This is good and granted for we say that even the King when murthering unjustly acteth as a private person and is prompted by his revenge did he suppose that Lex Rex was a Photinian or Anabaptist If not why did he trouble himself with this But what sayes he to that which he cals the attribute Certanely sayes he taking the word as a precept It is not meant that it is the duty of every man or any man indifferently to shed the blood of the person who sheds innocent blood but of the Magistrate who is judge above him All interpreters are agreed that here is if not the institution yet the approbation of the office of the civil magistrate Answ Did the author of Lex Rex say that it was the duty of any man indifferently to punish capitally shedders of innocent blood said he any thing against agreement of interpreters concerning the institution or approbation of the office of