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A59963 A hind let loose, or, An historical representation of the testimonies of the Church of Scotland for the interest of Christ with the true state thereof in all its periods : together with a vindication of the present testimonie, against the Popish, prelatical, & malignant enemies of that church ... : wherein several controversies of greatest consequence are enquired into, and in some measure cleared, concerning hearing of the curats, owning of the present tyrannie, taking of ensnaring oaths & bonds, frequenting of field meetings, defensive resistence of tyrannical violence ... / by a lover of true liberty. Shields, Alexander, 1660?-1700. 1687 (1687) Wing S3431; ESTC R24531 567,672 774

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grand Interests of the Community must be seen to by Legal Securities for Religion Liberty which is the end use of fundamental Laws Now how these have been unhinged infringed by the introduction present establishment by Law of that Monster of the prerogative enacted in Parliament Anno 1661. the Apologetick Relation doth abundantly demonstrate Sect. 10. Concerning the Kings Civil Supremacy enhancing all the Absoluteness that ever the Great Turk could arrogate and yet far short of what hath been Usurped since and impudently proclaimed to the world especially by him who now domineers in his Challenges of Soveraign Authority prerogative Royal Absolute Power which all are to obey without reserve whereby the whole basis of our Constitution and Bulwark of our Religion Laws Liberties is enervated and we have security of no Law but the Kings lust Hence I argue Those Princes that contrary to their virtual compact at least at their coming to the Crown have overturned all fundamental Laws cannot be ouned But our Princes have contrary to their virtual compact at least at their coming to the Crown overturned all fundamental Laws Ergo they cannot be ouned The Major is plain for they that overturn fundamental Laws are no Magistrats thereby all the ends of Government being subverted and the subverter cannot be ouned as a Father or friend but an open enemy to the Common-wealth nor looked upon as Magistrats doing their duty but as Tyrants seeking themselves with the destruction of the Common-wealth And in this case the compact the ground of the Constitution being violated they fall from their right and the people are Liberated from their obligation and they being no Magistrats the people are no subjects for the relation is mutual and so is the obligation Ius populi chap. 9. pag. 183. The Minor is manifest both from the matter of fact and the Mischiefs framed into Laws by the Soveraign Authority Prerogative Royal Absolute Power foresaid whereby what remains of our fundamental Constitutions either in Religious or Civil Settlements unsubverted as yet may be subverted when this Absolute Monarch pleases Which Absolute Authority we cannot in conscience oune for these Reasons taken both from Reason Scripture First it s against Reason 1. A power contrare to Nature cannot be ouned Absolute power is such for that which takes away and makes the people to give away their Natural power of preserving their lives Liberties and sets a man above all rule Law is contrare to Nature such is Absolute power making people resign that which is not in their power to resign an absolute power to destroy Tyrannize 2. A power contrare to the first rise of its Constitution cannot be ouned Absolute power is such for The first rise of the Constitution is a peoples seting a Soveraign over them giving him Authority to administer justice over them But it were against this to set one over them with a power to rage at randome and rule as he lists It s proven before a King hath no power but what the people gave him but they never gave never could give an absolute power to destroy themselves 3. That power which is against the ends of Government cannot be ouned Absolute power is such for that which will make a peoples condition worse then before the Constitution and that mean which they intended for a blessing to turn a plague scourage to them and all the subjects to be formal slaves at the Princes devotion must needs be contrare to the ends of Government But Absolute power is such for against the exorbitance thereof no means would be left to prevent its obstructing all the fountains of Justice and commanding Laws Lawyers to speak not justice righteousness reason but the lust pleasure of one man and turning all into Anarchy confusion Certainly it could never be the intention either of the work or workers at the Constitution of Government to set up a power to enslave the people to be a Curse to them but their ends was to get comfort safety Liberty under the shadow of Government 4. That power which invalidates and is inconsistent with the Kings compact with the people cannot be ouned Absolute Power is such for the tenor of that is alwise to secure Laws Liberties to rule according to Law but to be Absolute invalidates is inconsistent with that That which were an engagment into Contradictories cannot consist with that compact but to engage to be absolute and yet to rule by Law is an engagment into Contradictories which no people could admit for a security It s inconsistent with this compact to give the King Absolute Power to overturn Religion Liberty and to assume it which was never given were to invalidate this compact and to make himself no King but to restore unto the people the power they conferred upon him for the defence of Religion Liberty 5 That power which is not from God nor of God cannot be ouned But Absolute Power is not of God because it is a power to Tyrannize Sin which if it were of God He should be the Author of Sin for if the Moral Power be of God so must the acts be but the acts of Absolute Power being Lawless cannot be from God Ergo neither the Moral Power to commit these acts 6. That Ruler who cannot be Gods Minister for the peoples good cannot be ouned for that is the formal reason of our consfiencious subjection to Rulers Rom. 13. 4 5. But Absolute Soveraigns are such as cannot be Gods Ministers for the peoples good for if they be Gods Ministers for good they must administer justice preserve peace rule by Law take directions from their Master and if so they cannot be absolute 7. A Tyrant in actu signato exercito cannot be ouned But an Absolute Prince is such being a power that may play the Tyrant if he pleases and jure as King And so if Kings be actu primo Tyrants then people are actu primo Slaves and so Royal Power cannot be a blessing to them yea a Lawless breaker of all bonds promises Oaths cannot be ouned as Lawful Power But Absolute Power is such for it cannot be limited by these Obligations at least people cannot have any seurity by them 8. A Lawless Power is not to be ouned An Absolute Power is a Lawless power Ergo not to be ouned The Major is plain Cicero sayes Lib. 2. de officio Eadem constituendarum Legum causa fuit quae Regum The reason of making Lawes was the same as of the creation of Kings And Buchanan de jure Regni very excellently when the lust of Kings was in stead of Laws and being vested with an infinite immoderate power they did not contain themselves within bounds the insolency of Kings made Laws to be desired for this cause Laws were made by the people and Kings constrained to make use not of their Licencious wills in judgment but of
their example in renewing reiterating such Covenants of the same Nature Tenor binding to the same very duties and prosecute in the same methods of keeping General Meetings for Correspondence consultation about common mutual Duties in common danger whereunto they have not only present necessity to urge them but also preterite examples of these Worthies to encourage them and their experience of comfort tranquillity they reaped by these Christian Assemblies Godly Conferences as ost as any danger appeared to any member or members of their body These beginings the zealous Covenanted Reformers left no means unessayed to promote by Protestations to the Parliament Petitions many reiterated Addresses to the Queen Dowager From whom they received many renewed fair promises which she had never mind to keep and wanted not the impudence when challenged for breaking them to declare It becomes not Subjects to burthen their Princes with promises further then it pleased them to keep the same And at another time that she was bound to keep no Faith to Hereticks And again that Princes must not be strictly bound to keep their promises And that her self would make litle Conscience to take from all that sort their Lives Inheritance if she might do it with an honest excuse Wherein she spoke not only the venome of her oun heart but the very soul sense principle project of all Popish Princes Whereby we may see what security we have for Religion Liberty this day though the most part make such a pretence a pillow to sleep on But after many Discoveries in this kind of the Queens Treachery at length they would no more be bribed by promises blinded by pretences nor boasted by her Proclamations slandering their interprise as if it pertained nothing to Religion from their endeavours to prosecute the same but finding themselves compelled to take the Sword of Just defence against all that should persue them for the matter of Religion they first signified unto her That they would notifie to the King of France all Christian Princes that her cruel unjust most Tyrannieal murther intended against Touns Mnltitudes was is the only Cause of their revolt from their accustomed obedience which they ouned promised to their Soveraign provided they might live in Peace Liberty and enjoy Christs Gospel without which they firmly purpose never to be subject to mortal man And that better it were to expose their bodies to a thousand deaths than to deny Christ which thing not only do they who commit open Idolatry but also all such as seeing their Brethren purswed for the Cause of Religion and haveing sufficient means to comfort assist them do nevertheless withdraw from them their dutiful support And thereafter they published a Declaration to the generation of Antichrist the pestilent Prelats their shavelings within Scotland That they should not be abused thinking to escape just punishment after that they in their blind fury had caused the blood of many to be shed but if they proceeded in this their malicious Cruelty they should be dealt with all wheresoever they should be apprehended as Murderers open Enemies to God to Mankind And that with the same measure they had measured intended to measure to others it should be measured to them that is they should with all force power they had execute just vengeance punishment upon them yea begin that same War which God commandeth Israel to execute against the Canaanites that is Contract of Peace should never be made till they desist from their open Idolatry cruel Persecution of Gods Children I rehearse this Declaration the more expresly because in our day Declarations of this stile strain and aiming at the same Scope is hideously hissed houted at as unheard of novelties Finally when by all their Letters Warnings Admonitions Protestations they could obtain no redress but rather an increase of insupportable violence they proponed the Question in a General Meeting Whether she whose pretences threatened the bondage of the whole Commonwealth ought to be suffered so Tyrannically to domineer over them Unto which the Ministers being required to give their judgment answered that she ought not And accordingly they declared her deposed from all Government over them because of her persecuting the Professors of the true Religion and oppressing the Liberties of the true Lieges never being called nor convinced of any Crime because of her intrusion of Magistrats against all order of Election because of her bringing in strangers to suppress the Liberty of the Countrey and placing them in greatest Offices of Credite because of her altering and subverting the old Laws of the Realme c. Which I mention because hence we may see what things our Fathers judged did dissolve the relation between the people their Rulers And when applyed to our Case will justify their reasons that have renounced the present Tyranny This was done at Edinburgh anno 1559. And thereafter while they vindicated themselves went on with the work of Reformation throwing doun all monuments of Idolatry propogateing the Reformed Religion God so blessed their endeavours that their Confession of faith and all Articles of the Protestant Religion was Read Ratified by the three Estates of Parliament at Edinburgh Iulij 1560. And the same year the Book of Discipline containing the forme order of Presbyterial Government was subscribed by a great part of the Nobility Thus through the wisdom power of God alone even by the weaknesse of very mean Instr●ments against the rage fury of the devil and of all the powers of Hell was this work of Reformation advanced effectuated And came to the establishment of a Law which did not only ratifie confirme the P●ote●●ant Religion but abolish Antichristian Popery and appoint punishment for the Professors promoters thereof Which Law often confirmed ratified afterwards though it be now cassed rescinded by the Prerogative of the present Tyrant because it anulls invalidates his pretence to succession in the Government it being expressly enacted afterwards by a Parliament at Edinburgh 156. Confirming this that all Princes Kings hereafter before their Coronation shall take Oath to maintain the true Religion then professed suppress all things contrary to it yet is still in force in the hearts of all honest men that will not prostitute Religion Law Liberty to the lusts of Tyrants and will be accounted a better bottom to build the hope of enjoying Religion upon than the perfidious promises of a Popish Usurper pretending a Liberty to dissenting Protestants by takeing away the Penal Statuts the Legal Bulwark against Popery All which yet to the reproach of all Protestants some are applauding Congratulating in this time by their Addresses Petitions to this destroyer of Law Religion I wish they would look back to see what the building of this Bulwark cost our Fathers before they sell it at such a
imposing the Service-book and book of Canons c. the Lord in Mercy remembered His people and surprised them with a sudden unexpected Deliverance by very despicable means even the opposition of a few weak women at the beginning of that Contest which ere it was quashed made the Tyrant tumble headless off his throne The zeal against the English popish Ceremonies obtruded on Edinburgh did first inflame some feminine hearts to witness their detestation of them but afterwards was followed out with more Masculine fervor accosting King Council with Petitions Remonstrances Protestations Testimonies against the Innovations and resolving upon a mutual Conjunction to defend Religion Lives Liberties against all that would innovate or invade them To fortifie which and conciliate the favour both of God man in the Resolution All the Lovers of God and friends to the Liberty of the Nation did solemnly Renew the National Covenant wherein they were signally countenanced of the Lord vvhich though in it self obliging to the Condemnation of Prelatical Hierarchie and clearly enough confirming Presbyterial Government yet they ingaged into it vvith an inlargment to suspend the practice of Novations already introduced and the approbation of the Corruptions of the present Government vvith the late places povver of Church men till they be tried in a free General Assembly Which vvas obtaine● that same year and indicted at Glasgow and there not vvith standing all the opposition that the Kings Commissioner could make by Protestations Proclamations to dissolve it the six preceeding Assemblies establishing Prelacy vvere annulled The Service-Book and high Commission vvere condemned All the Bishops vvere deposed and their Government declared to be abjured in that National Covenant though many had through the Commissioners persvvasions subscribed it in another sense vvithout that application As also the five Articles of Perth vvere there discovered to have been inconsistent vvith that Covenant Confession and the Civil places povver of Church men vvere disproved rejected on the other hand Presbyterial Government vvas Justified Approved and an Act vvas passed for their keeping yearly General Assemblies This was a bold begining into which they were animated with more than humane resolution against more than humane opposition Hell as well as the powers of the earth being set against them But when the Lord gave the Call they considered not their oun deadness nor were daunted with Discouragments nor staggered at the promise through unbelief but gave Glory to God out braving all difficulties Which in the following year were much increased by the Prelats and their Popish Partakers rendevouzing their forces under the Kings Personal Standart and menacing nothing but misery to the zealous Covenanters yet when they found them prepared to resist were forced to yeeld to a Pacification concluding that an Assembly Parliament should be held for healing all grievances of Church and State. In which Assembly at Edinburgh the Covenant is ratified subscribed by the Earle of Traquair Commissioner and enjoined to be subscribed by the body of the whole Land with an explication expressly condemning the five Articles of Perth the Government of Bishops the Civil places power of Church men But the sons of Belial cannot be taken with hands nor bound with bonds of faith humanity or honour For in the year following King Prelats with their Popish Abettors go to arms again but were fain to accommodate the matter by a new Pacification whereby all Civil Religious Liberties were ratified And in the folowing year 1641 by Lawes Oaths Promises subscriptions of King Parliament fully confirmed The King Charles the I. being present and consenting to all though in the mean time he was treacherously encouraging the Irish murderers who by his Authority made a Massacre of many thousand Innocent Protestants in Ireland But in Scotland things vvent vvell the Kingdom of our Lord Jesus vvas greatly advanced the Gospel flourished and the Glory of the Lord did shine upon us vvith such a splendor that it avvaked England and animated the Lords People there then groaning under those Grievances from vvhich Scotland vvas delivered to aspire to the like Reformation For advice in vvhich because though all aggreed to cast off the yoke of Prelacy yet sundry forms of Church Government vvere projected to be set up in the room thereof chiefly the Independent order determining all Acts of Church Government as Election ordination and deposition of officers vvith Admission Excommunication Absolution of members to be done decided by the voices of every Particular Congregation vvithout any Authoritative Concurrence or interposition of any other condemning all imperative decisive povver of Classes c. as a meer usurpation Therefore the Brethren in England vvrote to the Assembly then fitting at Edinburgh vvho gave them ansvver That they vvere grieved that any of the Godly should be found not aggreeing vvith other Reformed Churches in point of Government as well as Doctrine and that it was to be feared where the edge of Discipline Government is different the Doctrine Worship shall not long continue the same without change That the Government of the Church by Compound Presbytries Synods is a help strength and not a hinderance to particular Congregations Elderships in all the parts of Government and are not an extrinsecal Power set over Particular Churches but the intrinsecal power where with Christ hath invested His Officers who may not exercise it Independently but with subordination unto Presbytries c. Which as they are Representative of particular Churches conjoined together in one under their Government so their determination when they proceed orderly whether in Causes common to all or brought before them by reference in case of aberration is to the several Congregations Authoritative not Consultatory only And this subordination is not only warranted by the light of nature but grounded upon the Word of God and conforme to the Pattern of the Primitive Apostolick Church for the Preservation of verity unity against Schisme Heresie Tyrannie which is the fruit of this Government where soever it hath place So from henceforth the Assembly did incessantly urge uniformity in Reformation with their Brethren in England as the chiefest of their Desires Prayers Cares And in the year 1643. prevailed so far that the English Parliament did first desire that the two Nations might be strictly united for their mutual defence against the Papists Prelatical faction and their Adherents in both Kingdoms and not to lay down Armes till these implacable Enemies should be brought in subjection and did instantly urge for the help assistance from Scotland Which being sent did return with an Olive branch of Peace and not without some beginings of a Reformation in England And afterwards a bloody War begining between the King Parliament with great success on the Kings side whence the Papists at the time got great advantage witness the cessation of Armes concluded in Ireland
of Burgh Royal what place or places they set a part for these uses with the names of the Preachers provided alwayes that the Meetings be in houses and not in the open fields for which now after this our Royal grace favour which surpasses the hopes equalls the very wishes of the most zealously concerned there is not the least shadow of execuse left Which Meetings in the fields we do hereby strictly prohibite forbid against all which we do leave our Lawes Acts of Parliament in full force vigour notwithstanding the premises and do further command all our Judges Magistrats Officers of forces to prosecute such as shall be guilty of the said field Conventicles with the utmost rigour for we are confident none will after these Liberties freedoms given to all without reserve to serve God in their oun way presume to meet in these Assemblies except such as make a pretence of Religion to cover their treasonable designs against our Royal person the peace of our Government This is the Royal Charter for security of the Protestant Religion intended to secure it so that it shall not go much abroad again in Lieu of all the Lawes Constitutions Oaths Covenants wherewith it was formerly confirmed This is the only patent which the Royal Dâties the Moderate Presbyterians have now received to ensure their enjoyment of it durante beneplacito during his pleasure whose Faith is as absolute over all ties of promises as his power from whence it flowes is over all Lawes whose chiefest principle of Conscience is that no Faith is to be kept to Hereticks Here is the Liberty which is said to surpass the hopes and equal the wishes of the most zealously concerned holding true indeed of too many whose hopes wishes zeal are terminate upon peace rather than Truth ease rather than duty and their own things rather than the things of Christ But as for the poor wild Wanderers it some way answers their fears and corrosponds with their jealousies who put the same interpretation upon it as on all the former Indulgences Indemnities Tolerations proceeding from the same fountain designed for the same sinistrous ends with this which they look upon as more openly obviously Anti-christian and therefore while others are rejoicing under the bramble-shadow of it they think it a cause of weeping matter of mourning not because they do not share of the benefit of it but because they are afraid to share of the Curse of it For which cause thô a freedom be pretended to be given to all without reserve to serve God in their own way they think it necessary to reserve to themselves the Liberty wherewith Christ hath made them free and to serve Him in His Way thô interdicted by men and to take none from Antichrist restricted with his reserves And do look upon it as a Seasonable Testimony for the Cause of Christ and the Interest of the Protestant Religion and the Lawes Liberties of the Country all overturned subverted by this Toleration to keep their Meetings as in former times in the open fields whither their Tyranny hath driven them And let them call these Meetings covered treasonable designs against the Government on pretence of Religion I trust it shall be made evident in the Conviction of all that know Religion that their designs are to preserve it in opposition to the Tyranny that goes about all these wayes to suppress it Though I must suspend the Reasons of their keeping their Meetings in the fields till I come to discuss that Case in its oun place Here I shall only say none that is acquainted with their Circumstances which are as dangerously stated as ever by reason of the Constant Persecution of Cruel enraged Enemies incessantly pursuing them without relenting notwithstanding of all this pretence of Clemency tenderness to Conscience but may know they can neither have safety secrecy nor conveniency in houses for fear of their entrapping enemies and none will blame them that after so many discoveries of their truculent treachery they dare not trust them And besides they think it sinful scandalous inconvenient to seem to homologate this Toleration the wickedness whereof they are convinced of from these Reasons I. Considering the Granter in his personal Capacity as to his Morals they look upon him as a person with whom they cannot in Prudence communicate in any transaction of that nature First because being in his Principles practice professedly treacherous yea obliged to be both perfidious cruel by that Religion whereunto he is addicted he cannot be trusted in the least concerns let be those of such momentous consequence as this without a stupid abandoning of Conscience Reason Experience Since both that known principle that no Faith is to be kept to Hereticks which is espoused by all Papists does to them justify all their lying dissimulations equivocations treacheries imaginable and that Lateran Canon that enjoyns Kings to destroy exstirpate Hereticks under pain of excommunication does oblige him to be cruel besides what deep engagments he is known to be under by Oaths Promises to the Pope both in his exile and while a subject and since he came to the Croun which make him to all Considering persons to be a person of that Character whose deceitful dainties are not to be desired and that when he speaketh fair is not to be beleeved for there are seven abominations in his heart Of which open affronted Lies we have a sufficient swatch both in his Proclamation for Scotland and Declaration for England where he speaks of his constant resolves of uniting the hearts of Subjects to God in Religion to their Neighbours in Christian Love and that it never was his principle to offer violence to any mans Conscience or use invincible necessity against any man on the account of his persuasion and that their Property was never in any case invaded since his coming to the Croun and that it hath been his constant sense opinion that Conscience ought not to to be constrained nor People forced in matters of meer Religion To which his uninterrupted endeavours to divide us from God and from on another that he might the more easily destroy us and his constant encroachments upon Lawes Liberties Properties and all Interests of men Christians for Conscience sake do give the lie manifestly And it must be great blindness not to see and great baseness willingly to wink at that double faced equivocation in matters of meer Religion by which he may elude all these flattering promises of tenderness by excepting at the most necessary indispensable duties if either they be such wherein any other Interest is concerned beside meer Religion or if their troubles sustained thereupon be not altogether invincible necessities Hence the plain falsehood doubleness of his Assertions as to what is past may give ground to conclude his intended perfidie in the promises of
have acquired do seek the praise of Justice by injury of Liberality by robbery So he can make some shew of a Civil mind but so much the less assurance gives he of it that it is manifest he intends not thereby the subjects good but the greater security of his oun lusts and stability of empire over posterity having some what Mitigated the peoples hatred which when he hath done he will turn back again to his old manners for the fruit which is to follow may easily be known both by the seed and by the sower thereof An exact Copy of this we have seen within these tuo years as oft before in the rule of the other Brother After God hath been robbed of His prerogatives the Church of her Priviledges the State of its Lawes the Subjects of their Libertie property he is now affecting the praise captating the Applause of tenderness to conscience and Love of Peace by offering now Liberty after all his Cruelties wherein all the thinking part of men do discern he is prosecuting that hellish Project introducing Popery slaverie and overturning Religion Law Liberty 3. Regium imperium secundum Naturam est Tyrannicum contra Regium Liberi inter Liberos est Principatus Tyrannus domini in servas c. Tyranny is against Nature and a Masterly Principality over slaves Can he be called a father who accounts his subjects slaves or a Shepherd who does not feed but devours his flock or a Pilot who doth allwise study to make shipwrack of the goods and strikes a leak in the very ship where he sails what is he then that bears Command not for the peoples advantage but studies only himself who leadeth his subjects into manifest snares he shall not verily be accounted by me either Commander Emperour or Governour King Iames the 6 th also in a speech to the Parliament anno 1609. makes this one Character of a Tyrant when he begins to invade his subjects rights Liberties And if this be true then we have not had a King these many years the foregoing deduction will demonstrate what a slavery we have been under 4. Quid qui non de virtute certet c●m bonis c. What is he then who doth not contend for vertue with the good but to exceed the most flagitious in vices If yow see then any usurping the Royal name and not excelling in any virtue but striving to exceed all in baseness not tendering his subjects good with native affection but pressing them with proud domination esteeming the people committed to his trust not for their safegaurd but for his oun gain will yow imagine this man is truly a King albeit he vapours with a numerous Lieveguard and makes an ostentation of gorgeous Pomp The learned Althusius likewise in his Politicks cap. 38. Num. 15. as He is cited by Ius Populi chap. 16. Pag. 347. makes this one Character of a Tyrant that liveing in Luxury whoredome greed idleness he neglecteth or is unfit for his office How these suite our times we need not express what effrontry of impudence is it for such monsters to pretend to rule by virtue of any Authority derived from God who pollute the world with their Adulteries Incests and Live in open defyance of all the Lawes of the universal King with whom to exceed in all villanies is the way to purchase the Countenance of the Court and to aspire to preferment No Heliogabulus c. could ever come up the length in wickedness that our Rulers have professed 5. Omnium vim Legum in se transferre c. He can transfer unto himself the strength of all Lawes and abrogate them when he pleases King Iames the 6. in that fore-cited speech saith a King degenerateth into a Tyrant when he leaveth to rule by Law. Althusius also loc cit saith there is one kind of Tyranny which consisteth in violating changing or removing of fundamental Lawes specially such as concern Religion such saith he Philip the King of Spain who contrare to the fundamental Belgick Lawes did erect an administration of Justice by force of armes and such was Charles the 9 th of France that thought to overturn the Salicque Law. All that knoweth what hath been done in Britain these 27 years can attest our Lawes have been subverted the Reformation of Religion overturned and all our best Lawes rescinded and now the Penal Statuts against Papists disabled stopped without against Law. 6. Ad suum eum unius nutum omnia c. He can revoke all things to his nod at his pleasure This is also one part of King Iames the 6 his Character of a Tyrant when he sets upon arbitrary power And of Althusius loc cit when he makes use of an absolute Power and so breaks all bonds for the good of humane Society We allow a King an absolute power taken in a good sense that is he is not subaltern nor subordinate to any other Prince but supreme in his oun dominions or if by absolute be meant Perfect he is most absolute that governs best according to the word of God. But if it be to be Legibus solutus loosed from all Lawes we thinke it blasphemy to ascribe it to any Creature Where was there ever such an arbitrary absolute power arrogated by any Mortal as hath been claimed by our Rulers these years past especially by the present Usurper who in this Liberty of conscience now granted to Scotland assumes to himself an absolute power which all are to obey without reserve which carries the subjects slavery many stages beyond what ever the Grand Seigneur did attempt 7. Tyranno ad cives opprumendos c. For by a Tyrant strangers are imployed to oppress the subjects They place the establishment of ther Authority in the peoples weakness and think that a Kingdom is not a Procuration concredited to them by God but rather a prey fallen into their hands Such are not joined to us by any Civil bond or any bond of humanity but should be accounted the most Capital enemies of God and of all men King Iames ub supra sayes he is a Tyrant that imposes un Lawful Taxes raises forces makes war upon his subjects to Pillage Plnnder wast spoil his Kingdoms Althusins ubi supra makes a Tyrant who by immoderate exactions and the like exhausts the subjects and cites Scripture Ier. 22. 13. 14. Ezek. 34. 1 King. 12. 19. Psal. 14. 4. It is a famous saying of Bracton He is no longer King then dum bene regit while he rules well but a Tyrant when-soever he oppresseth the people that are trusted to his Care Government And Cicero sayes amittitis omne exceritus imperit jiu qui eo imperio exercit● Rempublicans oppugnat He loseth all legal power in over an Army or Empire who by that Government army does obstruct the wel-fare of that republick What oppressions exactions by armed force our Nation hath been wasted with in part is
for their matter National Covenants about things Moral objectively obliging to joine our selves to the Lord in a perpetual Covenant that shall not be forgotten Ier. 50. 5. I might easily demonstrate all the Articles of the Covenant to be Morally obliging but they are demonstrate sufficiently above Head. 1. Arg. 11. Therefore they are perpetually binding 8. They are for their Ends National Covenants inviolably obliging which cannot be made void though they should be broken because the ends of them are alwayes to be pursued as is proved above Head. 1. Therefore they are perpetual 9. They are for their formality National Covenants most Solemnly Sworn subscribed by all ranks with uplifted hands with bended knees with solemn invocating the Name of God with solemn preaching prayer praise rendering themselves and the posterity obnoxious to the Curse if they should break it Now the Solemnities of the Oath do aggravate the heinousness of the breach of it as is clear from Ier. 34. 19. Ezek. 17. 18. quoted above the reason is because of their greater deliberation in the action and because of the greater scandal accompanying the violation thereof Hence as they are National Oaths Covenants so solemnized they are National Adiurations under the pain of a National Curse not to break them Nationally Which do make the posterity obnoxious to it as Ioshua adjuring Israel saying Cursed be the man that riseth up and buildeth this City Iericho Iosh. 6. 26. Which was fulfilled many generations after in the dayes of Ahab upon Hiel the Bethelite 1 King. 16. Ult. So the Curse of introducing abjured Prelacy and Popery if it be let in will be impendent on the Nation All National Covenants have a Curse annexed in case of a breach when ever it shall be So in Nehemiahs Covenant they clave to their Brethren entered into a Curse and into an Oath to walk in Gods Law which was given by Moses the Servant of God and to observe do all the Commandments of th● Lord our Lord and His Judgements Statutes particularly not to enter into affinity with their Malignant enemies Neh. 10. 29 30. Which certainly did oblige the posterity because the thing was Moral So in our Covenants we are bound to the same things and nothing but these And therefore the posterity is lyable to the Curse of perjurie for the breach thereof 10. They are for their Legality National Laws being Solemnly Ratified by the Parliament and by the King and made the foundation of their Compact with him at his Inauguration whereby they became the fundamental Laws of the Government and among the very Leges regulae regnandi which though they be rescinded by a wicked Law yet make the Rescinders chargable not only of Perjurie in breaking a Covenant but of Treason Tyranny in breaking and altering the Constitution of the Government and render them lyable to the Curse thereof for they cannot rescind that nor escape its vengeance whereof we have a speaking pledge already in that the Rescinder of these Covenants was so terribly rescinded and cut off by the hands of unnatural violence God thereby fulfilling that threatend Judgment of Covenant breakers that he that hath broken His Covenant shall be brought to destruction and bloody deceitful men shall not live out half their dayes Psal. 55. 20. ult So Charles the Second got not leave to live out half the dayes that he projected to himself 11. They are National Engagments of an Hereditary Nature like that of Israel Deut. 29. 14 15. which did oblige not only the present but the absent not only them that stood there that day before the Lord their God but the● that were not there that day Grotius de jur ●el Lib. 2. cap. 6. gives these Marks of Hereditary Covenants 1 When the subject is of a permanent Nature and as long as manet idem Corpus therefore as long as Scotland is Scotland whose people in their personal Capacity whose Parliaments in their Parliamentary Capacity whose King in his princely Capacity did all solemnly Sacredly engage in the Covenant it must be real perpetually obliging 2 when there is such a Clause in the Covenant as that it should be perpetual There are many Clauses in the Solemn league to this purpose in Art. 1. are these words that we our posterity after us may as brethren live in faith l●ve a●d the Lord may delight to dwell in the midst of us in the 5. Art we shall each one of us according to our place interest endeavour that the Kingdoms may remain conjoined in a firme peace union to all posterity 3 when it is such as is made for the good of th● Kingdom The Covenant expresses its end for the perpetual good of the Kingdom having before our eyes the Glory of God the advancement of the Kingdom of Christ the honour happiness of the King his posterity and the true publick Liberty Safety Peace of the Kingdoms wherein every ones private condition is included and again it is added for preservation of our selves our Religion from utter ruine destruction All this is a publick National good 4 The matter is Moral about materially binding duties and therefore it must be hereditary and of perpetual obligation 12. Lastly They are National obligations taking on publick duties by way of virtual Representation of the posterity And they that think it irrational that the father should represent involve the family must resolve us how the Religious Civil Covenants of Israel Iud●h made in Moses Ioshua's Davids Asa's Ioash's Hezekiahs Iosiahs 〈◊〉 dayes did comprehend bird as well the absent as the pre●ent their posterity yet unborn as also how the Laws Contracts continually passed by some do take in others not personally consenting yea how comes it to pass that every succeeding generation is ●ound to the Laws and must be obedient to the Kings that they did not make themselves no reason can be given but because they are virtually represented by included in their fathers Now if these Arguments prove our National Covenants to be perpetually binding and cannot be dispensed with the● must these posterior Oaths that are made in a diametrical opposition to the Covenants and are condemned by the Covenants be false unlawful Oaths But the first is proved Therefore these Oaths so opposite to condemned by the Covenants are false unlawful That they are opposite to the Covenant will appear in the induction of all of them And that what ever they be imposed by this party they are condemned by the Covenants wherein we are obliged to make no such Transactions with them will appear if we consider these and the like expressions that we shall neither directly nor indirectly suffer our selves to be divided by whatsoever suggestion allurement or terror from this blessed Conjunction nor shall cast in any let or impediment that may stop or hinder any such resolution as
Lawless licence to oppress whom they please Then when they turn Tyrants and arrogate a Lawless Absoluteness and cross the Rules transgress the Bounds prescribed by Gods Law mans Law and make their oun lust a Law and execute the same arbitrarly They must be Resisted by force when a legal resistence cannot be had in defence of Religion and Liberty But all Princes are limited c. Ergo The Minor is proved Head. 2. And the Connexion may be thus confirmed in short That power which is not the Ordinance of God may be resisted But an absolute illimited power crossing the Rules and transgressing the bounds prescribed by Gods Law and mans is not the Ordinance of God Ergo it may be Resisted 8. Further from the Rule of Government it may be argued several wayes 1. That power which is contrary to Law evil Tyrannical can tye none to subjection but if it oblige to anything it tyes to Resistence But the power of a King against Law Religion and the Interests of the subjects is a power contrary to Law evil Tyrannical Ergo The Major is plain for Wickedness can tye no man but to resist it That power which is contrary to Law evil Tyrannical is Wickedness 2. That power and those Acts which neither King can exerce nor command nor others execute nor any obey must certainly be Resisted But such is the power and Acts that oppress the subjects and overturn Religion Liberty Ergo The Minor is evident from Scriptures condemning oppression violence both in them that command and in them that execute the same and also them that obey such wicked commands The Major is clear from Reason both because such power such Acts as cannot be commanded cannot be executed cannot be obeyed Lawfully are sinful wicked and because it cannot be a Magistratical power for that may alwayes be exerced executed Lawfully And what a man cannot command the resisting of that he cannot punish But acts of oppression against Law Religion Liberty a man cannot command Ergo the Resisting of these he cannot punish 3. That Government or Administration which is not subordinate to the Law Will of God who hath appointed it must be Resisted But that Government or Administration which undermines or overturnes Religion Liberty is not subordinate to the Law Will of God Ergo The Major is clear for nothing but what is the Ordinance of God subordinate to His Law Will is irresistible Rom. 13. 2. The Assumption is undenyable 9. From the Ends of Government which must be acknowledged by all to be the Glory of God and the Good of Mankind yea all that have been either wise or honest have alwayes held that Salus Populi est Suprema Lex The Arguments may run thus in short 1. That Doctrine which makes the Holy one to cross His oun ends in giving Governours must be absurd Unchristian as well as irrational But such is the Doctrine that makes all Kings Tyrants irresistible upon any pretence whatsoever Ergo The minor I prove That Doctrine which makes God intending His oun Glory the peoples good to give Governours both as Fathers to preserve and as Murderers to destroy them must make the Holy one to cross His oun ends for these are Contradictory But the Doctrine that makes all Kings Tyrants irresistible c. is such For by Office they are Fathers to preserve and by Office also they must be Murderers vested with such a power from God actu primo if they be irresistible when they do so seeing every power that is irresistible is the Ordinance of God. Hence also when a Blessing turns a Curse it is no more the Ordinance of God but to be resisted But when a King turns a Tyrant overturning Religion Liberty then a Blessing turns a Curse Ergo 2. Means are to be Resisted when they are not useful for but destructive to the ends they were appointed for But Governours overturning Religion Liberty are Means not useful for but destructive to the ends for which they were appointed Seeing then they are neither for the Glory of God nor the good of Mankind Ergo 3. If all powers Prerogatives of men are only means appointed for and should vaile unto the Supreme Law of the peoples Safety and all Laws be subordinate to and corroborative of this Law and when cross to it are eatenus null no Laws and all Law-formalities in Competition with it are to be laid aside and all Parliamentary priviledges must yeeld to this and King Parliament both conspiring have no power against it and no Soveraign power by virtue of any resignation from the people can comprize any Authority to act against it Then it is duty to obey this Supreme Law in Resisting all powers Prerogatives all Laws Law-formalities and all conspiracies whatsoever against this Supreme Law the Safety of the people But the former is true as was proven Head. 2. Ergo 4. That power which is obliged appointed to command rule Justly Religiously for the good of the people and is only set over them on these conditions and for that end cannot tye them to subjection without Resistence when the power is abused to destruction of Laws Religion and people But all power is so obliged appointed Therefore whensoever it is so abused it cannot tye people to subjection but rather oblige them to Rejection of it 10. From the Obedience required to Government It may be argued thus 1. If we may flee from Tyrants then we may Resist them But we may flee from Tyrants Ergo we may Resist them The Connexion I prove 1 If all grounds of Justice will warrand the one as well as the other then if the one be duty so is the other But the former is true For the same justice equity that warrands declining a Tyrants unjust violence by flight will warrand Resistence when flight will not do it The same Principle of self defence that makes flight duty when Resistence is not possible will aso make Resistence duty when flight is not possible The same Principle of Charity to Wives Children that makes flight Lawful when by Resistence they cannot avoid Tyranny will make Resistence duty when by flight they cannot evite it The same Principle of Conscience to keep Religion free that prompts to flight when Resistence will not save it will also prompt to Resist when flight is not practicable 2 If to flee from a just power when in Justice we are obnoxious to its sword be to resist the Ordinance of God and so sin then to flee from an unjust power must be also a Resisting of the abusing of it and so duty for the one is Resistence as the other but the difference of the power resisted makes the one Lawful the other not Again if Royal power may be resisted by interposing seas and miles why not also by interposing walls armes both is resistence
without sedition withhold the fruits profits which your false Bishops Clergy most unjustly received of yow Upon which he subjoins the preceeding Arguments Yet now a dayes these have no weight but such as refuse either to pay Oppressors exactions or Curats stipends are condemned for giddy fools Again we find that when they were challenged for duty they would never decline a declaration of its righteousness nor do any thing directly or indirectly which might seem a condemning of it And therefore they wold receive no pardons for these things which they could not confess to be offences Iohn Knox challenged for offending the Queen had her promise that if he would confess an offence his greatest punishment should be but to go within the Castle of Edinburgh and immediatly to return to his own house he refused absolutely But now if our Pardon-mongers prudent men had been so circumstantiate surely they could have helped themselves with their distinctions they might confess be pardoned for offending the Queen thô not confess it to be a fault in their Conscience But Mr Knox had not learned that then When they were pursuing the Murder of King Henry of Darnely the Queen finding her self not strong enough offers to forgive pardon that insurection The Earle of Morton in name of all the rest did not only refuse a Cessation but told her they would not ask a pardon But now sufferers for refusing of these base unmanly aswell as unchristian Complyances are much condemned Finally because this strictness especially in their severity against their Enemies may be accused of Iewish rigidity inconsistent with a Gospel Spirit of Lenity which also is imputed to the much condemned sufferers of Scotland at this time for their Testimonies against Toleration Liberty of Conscience Let us hear what Knox sayes whatsoever God required of the Civil Magistrate in Israel or Juda concerning the observation of true Religion during the time of the Law the same doth He require of Lawful Magistrates professing Christ Jesus in the time of the Gospel And Cites a large Testimony out of Augustine to this purpose And afterward objecting to himself the practice of the Apostles who did not punish the Idolatrous Gentiles he answers That the Gentiles being never avowed to be Gods people before had never received his Law and therefore were not to be punished according to the rigor of it to which they were never subject being strangers from the Commonwealth of Israel But if any think after the Gentiles were received in the number of Abrahams children and so made one people with the Jewes beleeving then ●hey were not bound to the same obedience of Israels Covenant the same seems to make Christ inferior to Moses and contrare to the Law of His heavenly Father for if the Contempt and transgression of Moses's Law was worthy of death what judge we the contempt of Christs ordinance to be And if Christ be not come to dissolve but to fulfill the Law of His Heavenly Father shall the Liberty of His Gospel be an occasion that the special glory of His Father be troden under foot and regarded of no man God forbid And therefore I fear not to affirme that the Gentiles be bound by the same Covenant that God made with His people Israel in these words Beware that thou make not any Covenant with the Inhabitants of the Land but thou shalt destroy their Altars c. When therefore the Lord puteth the Sword in the hand of a people they are no less bound to purge their Cities Countreyes from Idolatrie then were the Israelites what time they received the Possession of the Land of Canaan III. For the head of Resistence of Superior powers we have no clearer instances in any Period then in this where of the above mentioned hints give some account to which in their sentiments arguments may be here subjoined They prised and improved this principle so much that they put it in their Confession of faith Art. 14. To save the Life of Innocents to repress Tyranny to defend the oppressed are among the good works of the Second Table which are most pleasing acceptable to God as these works are commanded by Himself And to suffer innocent blood to be ●hed if we may withstand it is affirmed to be sin by which Gods hot Displeasure is kindled against the proud unthankful world And if there were no more to render the late Test of Scotland detestable that condemns all resistence of Kings upon any pretence whatsoever this may make all Christians all men abhor the contrivance of it that that same Test that confirms this Thesis doth also impose the Antithesis upon Conscience It obliges to this Confession in the first part of it and to deny it in the Latter But no wonder that men of feared Consciences can receive any thing thô never so contradictory to it self And that men who deny sense and that principle irradicated in humane nature may also deny Conscience make a fool of it in sowdering Contradictories But not only did our Reformers assert this Truth for which now their children adhering to their Testimony suffer both rage and reproach but also gave their reasons for it As 1 Mr Knox in his first Conference with the Queen argues thus There is neither greater honour nor obedience to be given to Princes than Parents but so it is that the father may be stricken with a phrensie in the which he would slay his oun children now if the children arise take his weapon from him bind his hands do the children any wrong It is even so with Princes that would murder the Children of God subject to them their blind zeal is nothing but a very mad phrensie and therefore to take the sword from them and cast them into prison till they be brought to a more sober mind is no disobedience against Princes 2 In his Conference with Lithingtoun he proves the same point from the consideration of the justice of God punishing the people for not resisting the Prince The Scripture of God teacheth me saith he Ierusalem Iuda were punished for the sins of Manassoh If you alledge they were punished because they were wicked and not because the King was wicked the Scripture sayes expressly for the sins of Manasseh yet will I not absolve the people I will grant the whole people offended with their King but how to affirme that all Iuda committee the acts of his impiety hath no certainty who can think that all Ierusalem should turn Idolaters immediatly after Hezekias notable Reformation One part therefore willingly followed him in his Idolatry the other suffered him so were criminal of his sin even as Scotland is guilty of the Queens Idolatry this day In the same Discourse he makes it plain that all are guilty of Innocents murder who do not oppose it from Ieremies words in his defence before the Princes Know ye for certain if ye put me to death ye
Antichrists Interest And therefore having gotten the Supremacy devolved upon him by Law for which also he had the Popes dispensation to take it to himself for the time under promise to restore surrender it to him as soon as he could attain his end by it as the other Brother succeeding hath now done he would now exert that usurped power and work by infnaring policy to effectuate the end which he could not do by other means Therefore seeing he was not able to suppress the Meetings of the Lords people for Gospel Ordinances in house fields but that the more he laboured by violent courses the greater more frequent they grew he fell upon a more Craftie device not only to overthrow the Gospel and suppress the Meetings but to break the faithful and to divide between the Mad-cap the Moderate Fanaticks as they phrased it that he might the more easily destroy both to confirm the usurpation and to settle people in a sinful silence stupid submission to all the Incroachments made on Christs Prerogatives and more effectually to overturn what remained of the Work of God. And knowing that nothing could more fortifie the Supremacy than Ministers their homologating acknowledging it Therefore he offerd the first Indulgence Anno 1669. Signifying in a Letter dated that year Iune 7. His gracious pleasure was to appoint so many of the outed Ministers as have lived peaceably orderly to return to preach exercise other functions of the Ministrie in the Paroch Churches where they formerly served provided they be vacant and to allow Patrons to present to other vacant Churches such others of them as the Council should approve That all who are so Indulged be enjoyned to keep Presbytries and the Refusers to be confined within the bounds of their paroches And that they be enjoined not to admitt any of their neighbour Paroches unto their Communions nor Baptize their Children nor marry any of them without the allowance of the Minister of the Paroch and if they Countenance the people deserting their oun Paroches they are to be silenced for shorter or longer time or altogether turned out as the Council shall see cause And upon Complaint made verified of any Seditious discourse or expressions in the Pulpit uttered by any of the Ministers they are immediatly to be turned out and further punished according to Law And seeing by these orders all Pretences for Conventickles were taken away if any should be found hereafter to Preach without Authority or keep Conventickles his Pleasure is to proceed with all severity against them as Seditious persons Contemners of Authority To salve this in point of Law because it was against former Lawes of their oun and to make the Kings Letter the supreme Law afterwards and a valid ground in Law where upon the Council might proceed enact and execute what the King pleased in Matters Ecclesiastick he therefore caused frame a formal Statutory Act of Supremacy of this Tenor. That his Maj. hath the supreme Authority Supremacy over all Persons and in all Causes Ecclesiastick within his dominions and that by virtue thereof the ordering disposal of the external Government of the Church doth properly belong to him his successors as an Inherent right to the Croun And that he may settle enact emitt such Constitutions Acts Orders concerning the Administrating therof and Persons employed in the same and concerning all Ecclesiastical Meetings Matters to be proposed determined therein as he in his Royal wisdom shall think fit which Acts Orders Constitutions are to be observed obeyed by all his Maj. Subjects any Law act or custom to the contrary notwithstanding Where upon accordingly the Council in their Act Iuli● 27. 1669. do nominate several Ministers and appoint them to Preach and exercise the other functions of the Ministrie at their respective Churches there specified with Consent of the Patrons The same day also they conclude enact the forementioned Restrictions conform to the Kings Letter above rehearsed And ordain them to be intimat to every person who is by Authority foresaid allowed the exercise of the Ministrie These Indulged Ministers having that Indulgence given only upon these termes that they should accept these Injunctions and having received it upon these termes also as an essential part of the bargain Condition on which the Indulgence was granted accepted as many following Proclamations did expressly declare do Appoint Mr Hutcheson one of the number to declare so much In Acknowledging his Maj. favour Clemency in granting that Liberty after so long a restraint And however they had received their Ministrie from Jesus Christ with full Prescriptions from Him for regulating them therein yet nothing could be more refreshing on earth to them than to have free Liberty for the exercise of their Ministrie under the Protection of Lawful Authority And so they purposed to be have themselves in the discharge of the Ministrie with that wisdom that became faithful Ministers and to demean themselves towards Lawful Authority notwithstanding of their known judgment in Church affairs as wel becometh Loyal subjects And their prayer to God should be that the Lord should bless his Maj. in his person Government and the Council in the publick administration and especially in the Pursuance of his Maj. mind in his Letter wherein his singular moderation eminently appears Afterwards they issued out Proclamations reinforcing the punctual observation of the forementioned Injunctions and delivered them into the Indulged In the mean time though Cruel Acts Edicts were made against the Meetings of the Lords people in houses the fields after all these Midianitish wyles to suppress them such was the presence of the Lord in these Meetings and so powerful was His Countenance Concurrence with the Labours of a few who laid out themselves to hold up the Standart of Christ that the number of Converts multiplyed dayly to the praise of free Grace and to the great encouragment of the few hands that wrestled in that Work through all humane discouragment Therefore King Council was put to a new shift which they supposed would prove more effectual To wit because there was a great number of Non-conformed Ministers not yet Indulged who either did or might hereafter hold Conventickles therefore to remeed or prevent this in time coming they appoint ordain them to such places where Indulged Ministers were settled there to be confined with allowance to Preach as the Indulged should employ them thinking by this means to incapacitate many to hold Meetings there or elswere And to these also they give injunctions restrictions to regulate them in the exercise of their Ministrie And to the end that all the outed Ministers might be brought under restraint and the Word of God be kept under bonds by another Act of Council they Command that all other Ministers not Disposed of as is said were either to repair to the Paroch Churches where
like lightning or like the Sun in its Meridian beauty discovering so the Wonders of Gods Law the Mysteries of His Gospel and the Secrets of His Covenant and the Sins Duties of that day that a numerous issue was begotten to Christ and His Conquest was Glorious Captivating poor slaves of Satan and bringing them from his power unto God and from darkness to Light. O! who can remember the Glory of that Day without a melting heart in reflecting upon what we have lost and let go and sinned away by our Misimprovements O that in that our day we had hearkened to His voice and had known the things that belonged to our peace A day of such power that it made the People even the bulk body of the People willing to come out and venture upon the greatest of hardships and the greatest of hazards in pursuing after the Gospel through Mosses Moors inaccessible Mountains Summer Winter through excess of heat extremity of cold many dayes night-journeyes even when they could not have a probable expectation of escaping the Sword of the wilderness and the barbarous fury of bloody Burrio's raging for their prey sent out with orders to take kill them it being now made Criminal by Law especially to the preachers Convocaters of those Meetings But this was a day of such power that nothing could daunt them from their duty that had tasted once the sweetness of the Lords presence at these persecuted Meetings Then had we such Humiliation-dayes for personal publick Defections such Communion-dayes even in the open fields and such Sabbath-Solemnities that the places where they were kept might have been called Bethel or Peniel or Bochim and all of them Iehovah-Shammah wherein many were truly Converted more Convinced and generally all Reformed from their former immoralities That even Robbers Thieves and Profane Men were some of them brought to a saving subjection to Christ and generally under such restraint that all the severities of heading hanging c. in a great many years could not make such a Civil Reformation as a few dayes of the Gospel in these formerly the Devils Teritories now Christs Quarters where His Kingly Standart was displayed I have not Language to lay out the inexpressible Glory of that day But I will make bold to say two things of it first I doubt if ever there was Greater dayes of the Son of Man upon the Earth since the Apostolick times than we enjoyed for the space of Seven years at that time And next I doubt if upon the back of such a lightsome day there was ever a blacker night of darkness defection division confusion and a more universal impudent Apostasie than we have seen since The world is at a great loss that a more exact complete account demonstrating both these is not published which I am sure would be a fertile Theme to any faithful pen. But this not being my scope at present but only to deduce the steps of the Contendings of Christs Friends His Enemies I must follow the threed of my Narration Now when Christ is gaining Ground by the preached Gospel in plenty in purity power the Usurpers Supremacy was like to stagger and Prelacy came under universal Contempt in so much that several Country Curats would have had but scarce half a dozen of hearers and some none at all And this was a General Observe that never failed that no sooner did any poor Soul come to get a serious sense of Religion and was brought under any real Exercise of Spirit about their Souls Concerns but as soon they did fall out with Prelacy and left the Curats Hence to secure what he had possessed himself of by Law and to prevent a dangerous Paraxisme which he thought would ensue upon these Commotions the King returned to exerce his innate Tyranny and to emit terrible Orders and more terrible Executioners bloody Emissaries against all Field Meetings which after long patience the people at length could not endure but being first chased to the Fields where they would have been content to have the Gospel with all the inconveniences of it and also expelled from the Fields being resolute to maintain the Gospel they resolved to defend it themselves by Armes To which unavoidable necessity in unsupportable extremity did constrain them as the only remaining remedy It is known for several years they met without any Armes where frequently they were disturbed dispersed with Souldiers some killed others wounded which they patiently endured without Resistence At length the Ministers that were most in hazard having a Price set upon their heads to be brought in dead or alive with some attending them in their wanderings understanding they were thus appointed for death judged it their duty to provide for the necessary defence of their lives from the violence of their Armed Assaulters And as Meetings increased diverse others came under the same hazard which enforced them to endeavour the same remedy without the least intention of prejudice to any Thus the number of Sufferers increasing as they joyned in the Ordinances at these persecuted Meetings found themselves in some probable Capacity to defend themselves and these much endeared precious Gospel Priviledges to preserve the Memory of the Lords great Work in the Land which to transmit to posterity was their great design And they had no small encouragment to endeavour it by the satisfying sweetness comfort they found in these Ordinances being perswaded of the justness of their Cause and of the groundlessness of their Adversaries quarrel against them And hereunto also they were incited prompted by the palpableness of the Enemies purposes to destroy the Remainder of the Gospel by extirpating the Remnant that professed it Wherefore in these circumstances being redacted to that strait either to be deprived of the Gospel or to defend themselves in their Meetings for it And thinking their turning their backs upon it for hazard was a cowardly deserting duty and palpable breach of Covenant-Engagments abandoning their greatest Interest They thought it expedient yea necessary to carry defensive Armes with them And as for that discouragment from the difficulty danger of it because of their fewness meanness it did not deter or daunt them from the endeavour of their duty when they considered the Lord in former times was wont to oune a very small party of their Ancestors who in extremity jeoparded their lives in defence of Reformation against very potent powerful Enemies These now ouning the same Cause judged themselves obliged to run the same hazard in the same circumstances and to follow the same method durst not leave it unessayed leaving the event to God considering also that not only the Law of Nature Nations doth allow self defence from unjust violence but also the indissoluble obligation of their Covenants to maintain defend the true Religion one another in promoving the same made it indispensible to use
Machinations of Adversaries to crush it and all the Methods of Backsliding Professors to quench it And the mean which most effectually preserved it in life vigour was the expedient they fell upon of Corresponding in General Meetings to consult informe confirme one another about common duties in common dangers for preservation of the Remnant from the destruction contagion of the times and propagation of the Testimony Laying doun this General Conclusion for a foundation of Order to be observed among them in incident doubtful cases emergent Controversies that nothing relative to the publick and which concerns the who●e of their Community be done by any of them without harmonious consent sought after rationally waited for and sufficient deliberation about the best means manner In the mean time the Duke of York as Commissioner from his brother held a Parliament wherein he presided not only against all righteous Lawes that make a bloody avowed Papist incapable or such a Trust but against the Letter of their oun wicked Lawes whereby none ought to be admitted but such as swear the Oaths yet not only was he constitute in this place but in the whole Administration of the Government of Scotland without the taking any Oath which then he was Courting to be entailed Successor and heir of the Croun thereof And for this ●n● made many pretences of flatteries and feigned expressions of love of doing many acts o● kindness to that ancient Kingdom as he hath made many dissembling protestations of it since for carrying on his oun Popish Tyrannical designs But what good-will he hath born to it not only his acts actings written in Characters of the blood of Innocents declare but his words do witness which is known when and to whom he spake when he said It would never ●e wel til all on the southside of Forth were made a hunting field However in that Parliament anno 1681. he is chiefly intended and upon the matter by a wicked Act declared legal lineal Successor and a detestable Blasphemous and Self-contradictory Test is framed for a Pest to Consciences which turned out of all places of Trust any that had any remaining measure of common honesty And when some was speaking of a bill for securing Religion in case of a Popish Prince the Dukes answer was notable that whatsoever they intended or prepared against Papists should light upon others whereby we may understand what measures we may expect when his designs are ripe And to all the Cruel Acts then before made against the People of God there was one superadded regulating the execution of all the rest whereby at one dash all Civil Criminal Justice was overthroun and a foundation laid for Popish-Tyranny that the Right of Iurisdiction both in Civil Criminal Matters is so inherent in the Croun that his Maj. may judge all Causes by himself on any other he thinks fit to commissionate Here was Law for Commissionating Souldiers to take away the lives of Innocents as was frequently exemplified afterwards and may serve hereafter for erecting the Spanish Inquisition to murder Protestants when he thinks fit to commissonate them Against which wicked Encroachments on Religion Liberty the Faithful thought themselves obliged to emit a Testimony And therefore published a Declaration at Lanerk Iannary 12. 1682. Confirming the preceeding at Sanquhair and adding reasons of their Revolt from the Government of Charles the Second 1. For cutting off the neck at one blow of the noble Constitution of Church State and involving all Officers in the Kingdom in the same perjurie with himself 2. For exalting himself into a sphere exceeding all measures Divine humane Tyrannically obtruding his will for a Law in his arbitrary Letters so that we are made the reproach of Nations who say we have only the Law of Letters instead of the Letter of the Law. 3. For his constant adjourning dissolving Parliaments at his pleasure 4. For his arrogantly arrogated Supremacy in all Causes Civil Ecclesiastick and oppressing the Godly for Conscience duty 5. For his exorbitan● Taxings Cessings grinding the faces of the poor dilapidating the rights revenues of the Croun for no other end but to imploy them for keeping up a Borthel rather than a Court. 6. For installing a successor such an one if not worse as himself contrare to all Law Reason Religion and framing the Test c. And in end offer to prove they have done nothing in this against our Ancient Lawes Civil or Ecclesiastick but only endeavoured to extricate themselves from under a Tyrannous yoke and to reduce Church State to what they were in the year 1648 and 1649. After which Declaration they were more condemned by them that were at ease than ever and very untenderly dealt with being without any previous admonition reproached accused and informed against both at home abroad as if they had turned to some wild unhappy Course For which Cause in the next General Meeting they resolved to delegate some of their number to forreign Churches on purpose to vindicate themselves from these Calumnies and to represent the justness of their Cause and the sadness of their Case and provoke them to some Sympathie abroad which was denied at home And withall to provide for a Succession of Witnesses who might maintain the Testimony which was then in appearance interrupted except by Martyrdom Sufferings Therefore by that means having obtained access for the instruction of some young men at an University in the United Provinces in process of time Mr Iames Renwick received Ordination there and came home to take up the Standart of his Master upon the ground where it last was left and to carry on the Testimony against all the oppositions of that day from open Enemies backsliding Professors an undertaking more desperate-like than that of Unus Athanasius contra totam orbem and like that of a Child threshing doun a Mountain Which yet against all the outragious rage of ravening Enemies ranging ravaging hunting chasing pursuing after him through all the touns villages cottages woods moors mosses mountains of the Country and against all the scourge of tongues contradictions condemnations obliquies reproaches cruel mockings of incensed Professors and generally of all the Inhabitants of the Land he was helped to prosecute by many weary wanderings travells and traversings through the deserts night day Preaching Confering Catechising mostly in the cold winter nighrs in the open fields until by the Blessing of God upon his labours not only was the faithfull Witnessing Remnant that joyned in the Testimony further cleared confirmed and encouraged and their number much encreased by the coming in and joyning of many others to the fellowship of their settled Societies but also many others in but as soon as it grew dark all hope lost they dispersed every man shifting for himself only a few keeping together all the nixt day had a skirmage with a
Party of the Enemies in which they slew the Captain and about 12 or some moe of his men and afterwards they dispersed themselves also The Enemies searching the Country gleaned up the E. of Argyle himself Col. Rumbol an Englishman Mr Thomas Archer Minister Gawin Russel an David Law who were all condemned execute at Edinburgh and many others who were banished to America and about some 20 in the Highlands who were hanged at Inerarie In England the D. of Monmouths expedition though it had more action yet terminated in the same success the loss of many hundred lives many killed in Battel And afterwas by the mercy of the Duke of York several hunderds in the West of England were carried about and hanged before the door of their oun habitations and to make his Captains sport by the way according to the number of the hours of the day when the murdering humour came in their head so many of the poor Captives were hanged as a prodigious monument of monstrous Crueltie This was the Comencement of the present Tyrants Government In the mean time the Wanderers in Scotland thô they did not associate with this Expedition upon the account of the too promiscuous admittence of persons to trust in that Partie who were then and since have discovered themselves to be Enemies to the Cause and because they could not espouse their Declaration as the State of their Quarrel being not concerted according to the constant Plea of the Scots Covenanters and for other reasons given in their late Vindication yet against this Usurpation of a bloody Papist advancing himself to the Throne in such a manner they published another Declaration at Sanquhair May 28. 1685. Wherein Approving adhering unto all their former Declarations And considering that Iames Duke of York a Profest Excommunicate Papist was proclaimed To testify their resentment of that deed And to make it appear unto the world that they were free thereof by concurrence or connivance They Protest against the foresaid Proclamation of Iames Duke of York as King In regard that it is the choosing of a Murtherer to be a Governour who hath shed the blood of the Saints that it is the hight of Confederacy with an Idolater for bidden by the Law of God contrarie to the Declaration of the Gen. Ass. of the Church Iulij 27. 1649. And contrary to many wholesome laudable Acts of Parliament and inconsistent with the safety faith Conscience Christian Libertie of a Christian People to chuse a subject of Antichrist to be their Supreme Magistrate and to entrust an Enemy to the Work People of God with the Interests of both And upon many important grounds reasons which there they express they Protest against the validity Constitution of that Parliament approving ratifying the foresaid Proclamation And against all kind of Poperie in General Particular heads as abjured by the National Covenant and abrogated by Acts of Parliament and against its entrie again into this Land And every thing that doth or may directly or indirectly make way for the same Disclaiming likewise all Sectarianisme Malignancy and any Confederacy therewith This was their Testimony against Poperie in the season thereof which thô it was not so much condemned as any former Declarations yet neither in this had they the Concurrence of any Ministers or Professors who as they had been silent and omitted a seasonable Testimony against Prelacy and the Supremacy when these were introduced so now also even when this wicked Mysterie Conspiracie of Poperie Tyrannie twisted together in the present designe of Antichrist had made so great a progress and was evidently brought above board they were left to let ●lip this opportunity of a Testimony also to the reproach of the declining far degenerate Church of Scotland Yea to their shame the very rabble of ignorant People may be brought as a witness against the body of Presbyterian Ministers in Scotland in that they testified their detestation of the first Erection of the Idolatrous Mass and some of the souldierie and such as had no Profession of Religion suffered unto death for speaking against Poperie and the designs of the King while the Ministers were silent And some of the Curats and members of the late Parliament 1686. made some stickling against the taking away of the penal Statutes against Papists while Presbyterians from whom might have been expected greater opposition were sleeping in a profound submission I cannot without Confusion of Spirit touch these obvious dolorous reflections and yet in candor cannot forbear them However the Persecution against the Wanderers went on and more cruel Edicts were given forth against them while a relenting abatement of severity was pretended against other Dissenters At length what could not be obtained by Law at the late Parliament for taking off the Statutes against Papists was effectuated by Prerogative and to make it pass with the greater approbation it was convoyed in a channel of pretended Clemency offering a sort of Liberty but really introducing a licencious Latitude for bringing in all future snares by taking off some former as arbitrarly as before they were imposed in a Proclamation dated Feb. 12. 1687. Granting by the Kings Soveraign Authority Prerogative Royal and absolute power which all Subjects are to obey without reserve a Royal Toleration to the several Professors of the Christian Religion afternamed with under the several Conditions restrictions limitations aftermentioned In the first place tolerating the Moderate Presbyterians to meet in their private houses and there to hear all such Ministers as either have or are willing to accept of the Indulgence allanerly and none other And that there be nothing said or done contrare to the wel peace of his reign seditious or treasonable under the highest pains these Crimes will import nor are they to presume to build Meeting houses or to use out-houses or barns In the mean time it s his Royal will pleasure that Field Conventicles and such as Preach at them or who shall any way assist or connive at them shall be prosecute according to the utmost severity of Lawes made against them In like manner tolerating the Quakers to meet exercise in their forme in any place or places appointed for their Worship And by the same absolute power foresaid suspending stoping disabling all Lawes or Acts of Parliament Customs or Constitutions against any Roman Catholick subjects So that they shall in all things be as free in all respects as any Protestant subjects whatsoever not only to exercise their Religion but to enjoy all Offices benefices c. which he shall think fit to bestow upon them in all time coming And cassing annulling discharging all Oaths whatsoever and Tests and Lawes enjoyning them And in place of them this Oath only is to be taken I A. B. do ackowledge testifie declare that Iames the Seventh c. is rightful King Supreme Governour of these Realms and
Security indispensibly required of him before at his entry to the Government Yet this Liberty cannot be Complyed with without recognoscing his Authority that he arrogates in giving it Seeing he tenders it to all his good Subjects and gives it by his Soveraign Authority and to the end that by the Liberty thereby granted the peace security of the Government in the practice thereof may not be indangered And in the Declaration to England it is offered as an expedient to establish his Government on sach a foundation as may make his Subjects happy and unite them to him by inclination as well as duty to which indeed the Acceptance thereof hath a very apt subserviency seeing it implies not only ouning of the Government out of Duty but an union joyning with it and him by inclination which is a cordial Confederacy with Gods enemie and a cooperating to the establishment of his Tyrannie that the peace security thereof may not be endangered And in his former Proclamation he gives them the same security for their Rights Properties which he gives for Religion And in the English Declaration addeth that to the perfect enjoyment of their Propertie which was never invaded c. Which to accept were not only to take the security of a manifest lie but to prefer the word of a man that cannot must not will not keep it without going cross to his principles to the Security of Right Law which is hereby infringed and to acknowledge not only the Liberty of Religion but the Right of Property to his grant which when ever it is removed there must remain no more Charter for it but stupid slavery entailed upon Posterity and pure perfect Tyranny transmitted to them The sin absurdity where of may be seen demonstrated Head. 2. 4 Considering the Fountain whence it flowes they cannot defile themselves with it In the English Declaration it flowes from the Royal will pleasur● which speaks a Domination Despotical Arbitrary enough but more gently expressed than in the Scots Proclamation where it is refounded on Soveraign Authority Prerogative Royal and Absolute Power Proclaiming by sound of Trumpet à Power Paramount to all Law Reason Religion and outvying the hight of Ottoman Tyranny A Power which all are to obey without res●rve A power to Tolerate or Restrain the Protestant Religion according to his Royal will or pleasure An Absolute power which can not be limited by Lawes nor most Sacred Obligations but only regulated by the Royal lust whereby indeed he may suffer the Protestant Religion but only precariously so long as he pleases and until his Royal pleasure shall be to command the establishment of Poperie which then must be complyed with without control Whereby all the tenure that Protestants have for their Religion is only the Arbitrary word of an absolute Monarch whose principles oblige him to break it and his ambition to disdain to be a slave to it Now the Acceptance of this Grant would imply the recognizance of this power that the Granter claims in granting it which utterly disolves all Government and all security for Religion Liberty and all the precious Interests of men Christians Which to acknowledge were contrare to Scripture contrary to Reason and contrary to the Principles of the Church of Scotland particularly the Declaration of the Gen. Ass. Iulij 27. 1649. See pag. 89. c. and contrary to the Covenant 5. Considering the Channel in which it is conveyed they cannot Comply with it Because it comes through such a Conveyance as suspends stops disables all penal Lawes against Papists and thereby everts all the Securities legal Bulwarks that Protestants can have for the establishment of their Religion yea in effect leaves no Lawes in force against any that shall attempt the utter subversion of it but rati●ies leaves in ful vigour all wicked Lawes Acts of Parliament against such as would most avowedly assert it and stops disables none of the most cruel bloody Lawes against Protestants for the most cruel are such as have been made against Field-Meetings which are hereby left in ful force vigour Hence as he hath formally by absolute power suspended all Lawes made for the Protection of our Religion so he may when he will dispense with all the Lawes made for its establishment and those who approve the one by such an Acceptance cannot disallow the other but must recognosce a power in the King to subvert all Lawes Rights Liberties which is contrare to Reason as wel as Religion and a clear breach of the National Solemn League Covenants 6. Considering the Ends of its Contrivance they dare not have any accession to accomplish such wicked Projects to which this Acceptance would be so natively subservient The expressed ends of this Grant are to unite the hearts of his Subjects to him in Loyaltie and to their Neighbours in love as in the former Proclamation And that by the Liberty granted the peace security of his Government in the practice thereof may not be endangered as in the latter Proclamation And to unite the Subjects to him by inclination as well as duty which he thinks can be done by no means so effectually as by granting the free exercise of Religion as in the English Declaration Whence we may gather not obscurely what is the proper tendency of it both as to the work worker to wit to incline induce us by flatterie to a lawless Loyaltie and a stupid contented slavery when he cannot compel us by force and make us actively cooperate in setting settling his Tyranny in the peaceable possession of all his Usurpations Robberies Encroachments upon our Religion Lawes Liberties and to incorporate us with Babylon for wbo are the Neighbours he would have us unite with in love but the Papists against whom all the Lovers of Christ must profess themselves irreconcileable Enemies The English Declaration does further discover the design of this device in one expression which will most easily be obtained to be beleeved of any in it viz. that he heartily wishes that all the People of these Dominions were members of the Catholick Church which clearly insinuates that hereby he would entyce them to commit fornication with that Mother of harlots which entycing to Idolatrie if we consult the Scripture should meet with another sort of entertainment than such a kind thankful Acceptance which is not an opposing of such a wicked wish but an encouraging corroberating of it And further he sayes that all the former tract of Persecutions never obtained the end for which it was employed For after all the frequent pressing endeavours that were used to reduce this Kingdom to an exact con●ormity in Religion it is visible the success has not answered the design and that the difficultie is invincible Wherein we may note his extorted acknowledgment that all former endeavours to destroy the Work of God have been
is nothing seen but a fearful hardening in profanity ignorance Atheisme so that many that seemed to have somewhat like Religion before through hearing of them are turned loose laxe in all Duties yea never can it be instanced these 27 years that they have brought one soul to Christ from darkness to light and from the power of Satan unto God but many instances might be given of their murdering souls as indeed they can not be free of it who cannot warn nor declare the whole Counsel of God. Hence these who cannot but be soul-Murderers may not be heard nor intertained as Soul-Phisicians But the Curats cannot but be soul-Murderers Again we can expect no good from them but a great deal of hurt Seeing their Ministrie is not the Lords Ordrnance which He will approve and no performances can be acceptable unto the Lord which are not in manner as well as in matter aggreeable to His will hence the wickedness even of the Lords Lawful Priests not only caused the people to abhor the offerings of the Lord but even the Lord Himself to abhor His Sanctuary and to account their incense an abomination so that He could not away with the Calling of their Assemblies which yet upon the matter were duties Should not we then hate that which the Lord hates and withdraw from that which He hath forsaken But the Meetings of the Curats for Administration of Ordinances in their way the Lord hates and hath signally forsaken Therefore we should hate forsake them This is confirmed by what Mr Durham sayes in that digression about hearing Revel 1. pag. 55. in 4 to seeing edification is Gods gift can it be expected but in his way Or can that be accounted His way which He hath not warranted VII As we would not partake of their Judgment in countenancing of their Administration of Ordinances so we would keep our selves free from all participation of their sin For we must not be partakers with any in sin nor have fellowship with the unfruitful works of darkness that we must reprove and that we find the Lord reproves condemns Eph. 5. 7 11. And not only Ministers in ordaining but people in hearing may be in hazard of partaking of some mens sins who enter into the Ministry 1 Tim. 5. 22. we must keep at the greatest distance from sin Hence if we cannot hear the Curats without partaking of their sin then we must not hear them But we cannot hear the Curats without partaking of their sin Therefore we must not hear them The Minor I prove If hearing of them be a Tessera of our Incorporation with them ● Test of our Submission to them a badge of our comp●yance with them and sign of our Approbation of them then we cannot hear them without partaking of their sin But hearing of them is such The Major cannot be denyed if Prelacy conformity therewith be sin as is in part proven above for if these be sins then we must not incorporate with nor submit to them nor comply with them nor approve them The Minor I prove by Parts 1. Hearing of Curats is a Tessera of our Incorporation with them For Communion in Sacred things doth infer an incorporation of the Communicants or Joiners in all cases both in Lawful unlawful Communions 1 Cor. 10. 17-20 All partakers of the bread are one body and they which eat of the Sacrificies are partakers of the Altar And also they that partake of the Sacrifice offered to Devils though they do not offer it so themselves yet they are incorporate and have fellowship with Devils And 2 Cor. 6. 14-17 where they that do not come out and are separate from unlawful Communions are expostulated with as making an unequally yoked fellowship between righteousness unrighteousness light darkness Christ Belial the Temple of God Idols Hence then if we cannot partake of their Sacred things without partaking of their Altar and becoming one body with them and making such an unequally yoked Mixture with them then we must be separate But the first is true from these places This Argument concludes with equal force against joyning with any deeply engaged in the gross defections of the time 2. Hearing of Curats is a Test of our Submission to them Complyance with them for so it is required by Law as the Acts themselves say that a chearful concurrence countenance assistence given to such Ministers and attending all the ordinary Meetings for divine worship is an evidence of a due ackowledgment of hearty complyance with his Maj. Government Ecclesiastical civil as now established by Law within this Kingdom Act of Parl. Iul. 10. 1663. And themselves look on all such as obey this Act as their friends Hence if this be sinful to submit to them and comply with their establishment in obedience to a sinful Act of Parliament then it is sinful to hear them But the former is true as hath been shown Ergo 3. Hence it followes by native consequence that hearing of Curats is a sign of our Approbation of them for he that gives that which is required accepted Interpreted as an evidence of a due acknowledgment of complyance with the Government Ecclesiastical gives the sign of his Approbation of it But the hearer of Curats does that in obedience to the Act requiring accepting expressly interpreting it so Therefore c. VIII As we would be free of their sin in approving of complying with their course so we must endeavour to stand at the greatest Distance from all appearance of sin in our selves either by commission or omission in which our Joining with them in these circumstances would involve us For we must astain from all appearance of evil 1 Thess. 5. 22. and from every thing that circumstances may make sinful for otherways suppose a thing might be materially Lawful not simply sinful yet circumstances may make it sinful and a countenancing it so circumstantiated doth infer a Communion in these Circumstances that make it sinful They that eat of the sacrifice are Partakers of the Altar and if the Altar be not of Gods Approbation the thing offered though otherwise Lawful to be eaten cannot justify the eaters so circumstantiated An Idol is nothing and that which is offered in Sacrifices to Idols is nothing yet they who eat of it when they know it is so circumstantiated have fellowship with Devils 1 Cor. 10. 18 19 20 21. And it is called Idolatry comp vers 14. which provokes the Lord to jealousie vers 22. Especially when an action is so circumstantiated that it would infer an omission of our Duty and a declining from or denying of our Testimony then it is clearly sinful For whosoever shall deny the Lord before men him will He deny before His Father Math. 10. 33. And we must hold fas● the Profession of our faith without wavering Heb. 10. 23. and keep the word of His patience if we would be kept in the
discovered above 8. Althusius in the place above quoted makes this an other mark when he keepeth not his faith promise but despiseth his very oath made unto the people What shall we say of him then who not only brake but burnt and made it Criminal to assert the obligation of the most solemnly transacted Covenant with God and with the people that ever was entered into who yet upon these termes of keeping that Covenant only was admitted to the Government And what shall we say of his Brother succeeding who disdains all bonds whose professed principle is as a Papist to keep no faith to Hereticks 9. In the same place he makes this on Character a Tyrants is he who takes away from one or moe members of the common wealth the free exercise of the Orthodox Religion And the Grave Author of the Impartial inquiry into the administration of affairs in England doeth assert pag. 3 4. whensoever a Prince becomes depraved to that degree of wickedness as to apply employ his power Interest to debauch withdraw his subjects from their fealty obedience to God or sets himself to extirpate that Religion which the Lord hath revealed appointed to be the rule of our living the means of our happiness he doth ipso facto depose himself and instead of being ouned any longer for a King ought to be treated as a Rebel Traiter against the Supreme Universal Soveraign This is the perfect Protracture of our Princes the former of which declared an open war against Religion all that professed it and the Latter did begin to prosecute it with the same cruelty of persecution and yet continues without relenting against us though to others he tolerates it under the Notion of a Crime to be for the present dispensed with until he accomplish his design 10. Ibid. he tells us that for corrupting of youth he erecteth stage plages Whore-houses other Play-houses and suffers the Colledges other Seminaries of Learning to be corrupted There was never more of this in any age than in the conduct of our Court which like another Sodom profess it to be their design to debauch mankind in to all villanies and to poison the fountains of all learning virtue by intruding the basest of men into the place of teachers both in Church University and precluding all access to honest men 11. Further he sayes he is a Tyrant who doth not defend his subjects from injuries when he may but suffereth them to be oppressed and what if he oppress them himself It was one of the Lawes of Edward the Confessor Quod si Rex desit officio nomen Regis in eo non constabit If the King fail in the discharge of his Trust office he no longer deserves nor ought to enjoy that name What name do they deserve then who not only fail in the duty of defending their subjects but send out their Lictors bloody Executioners to oppress them neither will suffer them to defend themselves But Althusius makes a distinct Character of this 12. Then in fine he must certainly be a Tyrant who will not suffer the people by themselves nor by their Representatives to maintain their oun rights neither by Law nor force for sayeth my Author Forecited he is a Tyrant who hindereth the free suffrages of members of Parliament so that they dare not speak what they would And chiefly he who takes away from the people all power to resist his Tyranny as Armes strengths chief men whom therefore though innocent he hateth afflicteth persecuteth exhausts their goods livelyhoods without right or reason All know that our blades have been all alongs enemies to Parliaments and when their Interest forced to call them what means were used always to pacque prelimit them and over-aw them and how men who have faithfully discharged their trust in them have been prosecuted with the hight of envy fury and many murthered thereupon And how all the armed force of the Kingdoms have been inhanced into their hand and the people kept so under foot that they have been rendered incapable either to defend their oun from intestine Usurpers or forreign Invaders All that is said amounts to this that when ever men in power do evert subvert all the ends of Government and intrude themselves upon it and abuse it to the hurt of the Common wealth and the destruction of that for which Government was appointed They are then Tyrants and cease to be Magistrates To this purpose I shall here append the words of that forecited Ingenious Author of the Impartial Enquirie Pap. 13. 14. There can be nothing more evident from the light of reason as well as Scripture than that all Magistracy is appointed for the benefite of mankind and the common good of Societies God never gave any one power to reign over others for their destruction unless by His providence where He had devoted a people for their sins to ruine but on whomsoever He confers Authority over Cities or Nations it is with this Conditional Proviso Limitation that they are to Promote their Prosperity good and to study their defence Protection All Princes are thus far Pactional And whosoever refuseth to perform this fundamental condition he degrades deposes himself nor is it rebellion in any to resist him whensoever Princes ceases to be for the common good they answer not the end they were instituted unto and cease to be what they were chosen for 6. It will not be denyed but when the Case is so circumstantiate that it would require the arbitration of judgment to determine whether the King be a Tyrant or not that then people are not to disoune him for if it be a question whether the people be really robbed of their rights Liberties and that the King might pretend as much reason to complain of the people their doing indignity to his Soveraignty as they might of his Tyranny Then it were hard for them to assume so for the umpirage of their oun Cause as to make themselves absolute judges of it and forth with to reject his Authority upon these debateable grounds But the Case is not so with us no Place being left for doubt or debate but that our fundamental rights Liberties Civil Religious are overturned and an absolute Tyranny exactly Characterized as above is established on the ruines thereof Hence we have not disouned the pretended Authority because we judged it was Tyrannical but because it was really so Our discretive judgment in the case was not our rule but it was our understanding of the rule by which only we could be regulated and not by the understanding of another which cannot be better nor so good of our grievances which certainly we may be supposed to understand best our selves and yet they are such as are understood every where To the question then who shall be Judge between these Usurping Tyrannizing Rulers us we answer
he is not nor can not be our Crouned King and therefore we must not be his Liege subjects ouning fealty obedience to him For according to the National Covenant as all Lieges are to maintain the Kings Authority consistent with the subjects Liberties which if they be innovated or prejudged such Confusion would ensue as this realme could be no more a free Monarchy So for the Preservation of true Religion Lawes Liberties of this Kingdom it is statute by the 8 Act. Parl. 1 repeated in the 99 Act. Parl. 7. ratified in the 23. Act. Parl. 11. and 114 Act. Parl. 12. of King Iames 6. and 4 Act of K. Charles 1. that all Kings Princes ● at their coronation reception of their Princely Authority shall make their faithful Promise by their solemn Oath in the presence of the Eternal God That enduring the whole time of their lives they shall serve the same Eternal God to the utter-most of their power according as He hath required in His most holy Word contained in the Old new Testaments and according to the same Word shall maintain the true Religion of Christ Jesus the preaching of His holy Word the due right Ministration of the Sacraments now received Preached within this realme according to the Confession of faith immediatly preceding and shall abolish gainstand all false religion contrary to the same And shall rule the people committed to their charge according to the will Command of God revealed in His fore-said Word and according to the Laudable Lawes Constitutions received in this realme no wayes repugnant to the said Will of the Eternal God And shal procure to the uttermost of their power to the Kirk of God whole Christian people true perfect peace in all time coming And that they shall be careful to root out of their Empire all Hereticks Enemies to the true Worship of God who shall be convicted by the true Kirk of God of the foresaid Crimes Now this Coronation Oath he hath not taken he will not he cannot take and therefore cannot be our Crouned King according to Law. As there be also many other Lawes incapacitating his admission to the Croun being a Professed Papist and no Law for it at all but one of his oun making by a Pacqued Cabal of his oun Complices a Parliament wherein himself presided as Commissioner enacting matterially his succession and rescinding all these Ancient Lawes which Act of Succession which is all the legal right he can pretend to in Scotland because it cannot be justified therefore his right cannot be ouned which is founded upon the subversion of our Ancient Lawes But as he cannot be our Legally Crouned King so he is not so much as formally Crouned And therfore before his Inauguration whatever right to be King whom the Representatives may admit to the Government he may pretend to by hereditary Succession yet he cannot formally bemade King till the people make a Compact with him upon termes for the safety of their dearest nearst Liberties even though he were not disabled by Law. He might as they say pretend to some jus ad rem but he could have no jus in re The Kings of Scotland while uncrouned can exerce no Royal Government for the Coronation in Concret according to the substance of the Act is no Ceremonie as they who make Conscience it self but a Ceremony call it nor an accidental ingredient in the Constitution of a King but as it is distinctive so it is Constitutive it distinguished Saul from all Israel and made him from no King to be a King it is dative not only Declarative it puts some honour upon him that he had not before 3. Though the Lawes should not strike against his Coronation And though the Representatives Legally should take the same measures with him that they took with his brother and admit him upon the termes of the Covenant yet after such doleful experiences of such transactions with these Sons of Belial who must not be taken with hands nor by the hand it were hard to trust or entrust them with the Government even though they should make the fairest Professions Since they whose Principle is to keep no faith to Hereticks as they call us and who will be as absolute in their promises as they are in their power have deservedly forefeited all Credit Trust with honest men so that none could rationally refer the determination of a half Croun reckoning to any of them far less oune them their Government in the Managment of the weightiest affairs of State since their Male-versations are written in such bloody Characters as he that runs may read them At least it were wisdom is our duty to take our Measures from the General Assemblies Procedure with the other Brother before his admission to the Government to suspend our Allegiance to him until Authority be Legally devolved upon him and founded upon bounded by termes giving all security for Religion Liberty 12. As I said before wary Prudence in waving such an impertinent Ticklish Question cannot be condemned since what ever he may be in conscience no man in Law can be obliged so far to surrender the common Priviledge of all Mankind to give an account of all his inward thoughts which are alwise said to be free And as in nothing they are more various so in nothing they can be more violented than to have our opinion sentiments of the current Government extorted from us a declining of which Declaration of thoughts where no overt Act in project or practice can be proven against it cannot be Treason in any Law in the world So a Cautelous Answer in such a ticklish entrapping imposition cannot be censured in point of Lawfullnesse of expediency even though much be concedded to stop the Mouths of these bloody Butchers gaping greedily after the blood of the Answerer if he do not really oune but give them to understand he cannot approve of this Tyranny But as these poor faithful Witnesses who were helped to be most free have alwise been honoured with the most signal Countenance of the Lord in a happy issue of their Testimony So those that used their Prudentials most in seeking shifts to sh●n severity and studying to satisfie these Inquisitors with their stretched Concessions were ordinarly more exposed to snares and found less satisfaction in their Sufferings even though they could say much to justify or at least extenuate their Shiftings I knew one who had proof of this who afterwards was ashamed of this kind of Prudence A short account of whose managing of Answers to this Question because it may conduce somewhat to the explication of it may here be hinted The question moved after the usual forme was Do ye onne the Authority of King Iames the 7 In answer to which he pleaded first for the immunity of his thoughts which he said were not subject to theirs or any Tribunal When this could
1. They cannot be taken in any sense though never so good if we consider the absolute illegality of their arbitrary imposition It will be confessed that Oaths should be very tenderly imposed upon consciences not only lest the Name of God be prostitute to profanation in matters light trivial or dubious uncertain but lest a Tyrannical Jurisdiction be exercised over the Souls of men which are not subject to any power that Mortals can claim So it cannot be denied but that the Constitution of our Government requires and Reason as well as Religion sayes it is necessary that no Ruler hath right to enjoin an Oath which is not first enacted into a Law And it was alwayes accounted a good plea for refusing Oaths when there was no Law for them And some have been charged with Treason for exacting Oaths without a Statute ordaining them Which might be brought in as a Charge against all the Imposers of Our Oaths the most part of which have been exacted extorted without any colour of Law some of them being never ordained by any Act of Parliament and others of them before they could obtain such a Mischief framed into an Act for them and all of them neither ever legally administred nor righteously enacted by such who had power to make Acts for as for the pacqued Parliaments that made them no consciencious Man could ever oune such a Company of perjured Traitors to be their Parliamentary Representatives Yet abstracting from that I say the Oaths that have been imposed without and against Law could never be taken in any sense without consenting to their treasonable breach of Law for which they have forfeited their lives to Justice when ever there shall be a Judicatory to revise their administrations And these that have been imposed by a pretended Law could never be taken without justifying of that Law that ordained them which hath been nothing but a mischief framed into a Law by a Throne of iniquity 2. They cannot be taken in a good sense with a safe conscience considering either what is plain in them or what is more ambiguous What is plain and capable but of one sense that is alwayes either constraining to a clear Sin to renounce some part of the Covenanted Reformation in profession or practice Or Restraining from a clear duty that we should not do that which we may or ought to do There is nothing in all of them plain but what obliges to one of these two Again what is ambiguous in them as it ought to be refused for its ambiguity so when it is explained according to the Imposers mind meaning the sense will be found alwayes pernicious though the words may be plausible As when they require an obligation to Allegiance or Loyaltie or peaceableness or Orderlyness and other smooth words signifying excellent things in an abstract Notion these will be found to carry quite another sense if we inquire into the Imposers meaning in which only Oaths Bonds must be taken The only way to find out their meaning is to consider either their Acts or Actings or their designs intentions as they are discoverable by any man of Prudence or consideration If we consult their Acts or Actings practically only legally explaining them for a commentary then by Allegiance we can understand nothing else but an ouning of their Absolute Tyranny by Loyaltie nothing but an absolute implicite Obedience of their absolute Commands without reserve as the late Proclamation for the Tolleration expounds it by peaceableness nothing but a stupid subjection to them leting them do what they please without resistence or control and by Orderlyness nothing but a disorderly Complyance Conformity with them in going along with the Corruptions Defections of the time for their Acts Actings expound them so If we consider their designs intentions according to which they are all uniformly calculate and equally levelled He is blind who hath not seen they have been driving all this time at these designs to which all these Oaths Bonds have been adapted successfully subservient and by which they have been promoted to the present pass to overturn gradually all the degrees of our Covenanted Reformation to establish Tyranny and advance it unto greater degrees of Absoluteness and to introduce Poperie slavery So that by Allegiance Loyaltie can be meant nothing else but an obligation to oune obey and never to oppose the design of advancing Tyranny And by Peaceableness Orderlyness nothing else can be intended than an obligation never to oppose either the present Settlement or future establishment of Poperie arbitrary power upon the ruines of the Reformation and our Civil Religious Rights Liberties Whence they that can take these Oaths Bonds in any other sense and plead for the inoffensiveness of the terms in a more abstract notion and sense alledged more legal without regard to that of the Imposers practically explained by their administrations and so looking more to the briberies of their blinded reason and wordly Interest than to the Dictates of conscience please themselves with such notions quibling evasions do but Mock God deceive the world illude the enemies and delude themselves And all these debatings for Accommodations Expositions in another sense are but foull fairdings of conscience-beguiling Compoundings in and pitiful priggings for a base Complyance But it is usual for a guilty Son of Adam to sow fig-leaves 4. Let it be considered that all these Oaths Bonds that the Land hath been debauched with these 27 years are all condemned by and contradictory to anterior binding Orders the Acts of the General Assembles requiring no Oaths in the common cause to be taken without the Churches consent as was cleared in the Historical part upon the fifth Period pag. 82. And that especially they are condemned as being contradictory to violatory of prior Oaths of continuing indispensible Obligation being designed pressed imposed on purpose to delete the same out of the minds memories of the present Generation I mean the National and Solemn League Covenants and other former Nationally binding Publick Engagments Which because they are not only broken burnt but declared Criminal to be ouned and because the ouning of their obligation is ordinarly inserted in the Indytments of our Martyrs I must touch upon them more particularly It was cleared above Head. 1. Arg. 11. from the Form the Object and from the Ends of the Covenant which are all Moral and of indispensible obligation that it is of perpetual and unalterably binding force obliging the present and all future Generations as well as that which did first come under the bond of it And to confirm this I shall adde more particularly these many consideration 1. The National Engagments are National promises plighting pledging the Nations publick faith for the preservation propagation of Religion Liberty to succeding posterity which if succeeding Generations may reverse then the
not Gods Ordinance and there is no hazard of damnation for refusing to obey their unjust commands but rather the hazard of that is in walking willingly after the Commandment when the Statutes of Omri are kept So that what is objected from Eccles. 8. 2-4 I counsell thee to keep the Kings Commandment c. is answered on Head. 2. And is to be unsterstood only of the Lawful commands of Lawful Kings 2. Rebellion is a damnable sin except where the word is taken in a laxe sense as Israel is said to have Rebelled against Rehoboam and Hezekias against Sennacherib which was a good Rebellion and clear duty being taken there for Resistence Revolt In that sense indeed some of our Risings in Armes might be called Rebellions for it is Lawful to Rebel against Tyrants But because the word is usually taken in an evil sense therefore would have been offensive to acknowledge that before the Inquisitors except it had been explained But Rebellion against Lawful Magistrats is a damnable sin exemplarly punished in Korah and his Compan● who rebelled against Moses and in Shebah and Absalom who rebelled against David for to punish the Just is not good nor to strike Princes for equity Prov. 17. 26. And they that resist shall receive to themselves damnation Rom. 13. 2. So that this Objection brought from this place as if the Apostle were commanding there subjection without Resistence to Nero and such Tyrants as it is very impertinent It is fully answered above Head. 2. Here it will be sufficient to reply 1. He is hereby vindicating Christianity from that reproach of casting off or refusing subjection to all Magistrats as if Christian Liberty had destroyed that Relation or that they were not to be subject to Heathen Magistrats Whereupon he binds this duty of subjection to Magistrats for conscience sake in general And it is very considerable what Buchanan sayes in his book de jure regni that Paul did not write to the Kings themselves because they were not Christians and therefore the more might be born with from them tho they should not understand the duty of Magistrats But imagine that there had been some Christian King who had turned Tyrant and Apostate to the Scandal of Religion what would he have written then Sure if he had been like himself he would have denyed that he should be ouned for a King and would have interdicted all Christians Communion with him and that they should account him no King but such as they were to have no fellowship with according to the Law of the Gospel 2. He speaks of Lawful Rulers here not Tyrants but of all such as are defined qualified here being powers ordained of God terrours to evil works Ministers of God for good Yea but says Prelats and their Malignant Adherents these are only Motives of subjection to all powers not qualifications of the powers I answer they are indeed Motives but such as can be extended to none but to these powers that are so qualified 3. He speaks of Lawful powers indefinitely in the plural number not specifying any Kind or degree of them as if only Kings Emperours were here meant It cannot be proven that the power of the sword is only in them Neither was there a plurality of Kings or Emperours at Rome to be subject to if he meant the Roman Emperour he would have designed him in the singular number All the reasons of the Text aggree to inferiour Judges also for they are Ordained of God they are called Rulers in Scripture and Gods Ministers revengers by Office who judge not for man but for the Lord And inferiour Magistrats also are not to be resisted when doing their duty 1 Pet. 2. 13. yet all will grant when they go beyond their bounds and turns litle Tyrants they may be with-stood 4. He does not speak of Nero concerning whom it cannot be proven that at this time he had the Soveraign power as the learned Mr Prin shewes Or if he had that he was a Tyrant at this time and if he meant him at all it was only as he was obliged to be de jure not as he was de facto All men know and none condemns the fact of the Senate that resisted Nero at length without transgressing this precept Yea I should rather think the Senate is the power that the Apostle applies this Text to if he applied it to any in particular 5. The subjection here required is the same with the honour in the fifth Command whereof this is an exposition and is opposite to the Contraordinatness here condemned Now subjection takes in all the duties we owe to Magistrates and Resistence all the contraries forbidden but unlimited obedience is not here required so neither unlimited subjection 3. We may allow Passive subjection in some cases even to Tyrants when the Lord layes on that yoke and in effect sayes He will have us to lie under it a while as He Commanded the Jewes to be subject to Nebuchadnezzar of which passage adduced to prove subjection to Tyrants Universally Buchanan ubi supra infers that if all Tyrants be to be subjected to because God by His Prephet Commanded His people to be subject to one Tyrant Then it must be likewise concluded that all Tyrants ought to be killed because Ahabs house was Commanded to be destroyed by Iehu But passive subjection when people are not in capacity to resist is necessary I do not say Passive obedience which is a meer Chimaera invented in the brains of such Sycophants as would make the world slaves to Tyrants Whosoever suffereth if he can shun it is an enemy to his oun being for every natural thing must strive to preserve it self against what annoyeth it and also he sins against the order of God Who in vain hath ordained so many Lawful means for preservation of our being if we must suffer it to be destroyed having power to help it 4. We abhor all war of subjects professedly declared against a Lawful King as such all war against Lawful Authority founded upon or designed for maintaining Principles inconsistent with Government or against Policy Piety Yea all war without Authority Yes when all Authority of Magistrates supreme subordinate is perverted and abused contrary to the ends thereof to the oppressing of the people and overturning of their Laws Liberties people must not suspend their Resistence upon the Concurrence of men of Authority and forbear the Duty in case of necessity because they have no● the peers or Primores to lead them for if the ground be Lawful the call clear the necessity cogent the capacity probable they that have the Law of Nature the Law of God and the fundamental Laws of the Land on their side cannot want Authority though they may want Par●iaments to espouse their quarrel This is cleared above Head. 2. Yet here I shall adde 1. The people have this priviledge of nature to defend themselves and their Rights Liberties as well as
Peers and had it before they erected and constituted Peers or Primores There is no distinction of quality in interests of Nature though ther be in Civil order but self defence is not an act of Civil order In such Interests people must not depend upon the priority of their superiours nor suspend the duties they owe to themselves and their neighbours upon the manuduction of other mens greatness The Law of Nature allowing self defence or the defence of our Brethren against unjust violence addeth no such restriction that it must only be done by the conduct or concurrence of the Primores or Parliaments 2. The people have as great Interest to defend their Religion as the Peers and more because they have more souls to care for than they who are far fewer And to be violented in their Consciences which are as free to them as to the Peers is as unsupportable to them yea both are equally concerned to maintain Truth and rescue their Brethren suffering for it which are the chief grounds of war and if the ground of the defensive war be the same with them and without them what reason can be given making their Resistence in the one case Lawful and not in the other Both are alike obliged to concur and both are equally obnoxious to Gods threatened Judgments for suffering Religion to be ruined and not relieving rescuing Innocents It will be but a poor excuse for people to plead they had no Peers to head them What if both King Nobles turn enemies to Religion as they are at this day shall people do nothing for the defence of it then Many times the Lord hath begun a Work of Reformation by foolish things and hath made the least of the flock to draw them out Ier. 49. 2. and 50. 45. and did not think fit to begin with Nobles but began it when powers Peers were in opposition to it and when He blessed it so at length as to engage the publick Representatives to oune it what was done by private persons before they never condenmed 3. The people are injured without the Nobles therefore they may resist without them if they be able for there can be no Argument adduced to make it unlawful to resist without them which will not equally make it unlawful to do it with them 4. It s true the Primores are obliged beyond others and have Authority more than others to concur but Separately they cannot act as Representatives judicially They have a Magistratical power but limited to their particular Precincts where they have Interest and cannot extend it beyond these bounds And so if they should concur they are still in the capacity of subjects for out of a Parliamentary Capacity they are not Representatives 5. All the power they can have is Cumulative not Privative for deterior conditio Domini per Procurationem fieri non debet Why then shall the Representatives betraying their Trust wrong the Cause of the people whose Trustees they are Nay if it were not Lawful for people to defend their Religion Lives Liberties without the concurrence of Parliaments then their case should be worse with them than without them for they have done it before they had them and so they had better be without them still 6. People may defend themselves against the Tyranny of a Parliament or Primores or Nobles Ergo they may do it without them for if it be Lawful to resist them its Lawful to wave them when they are in a Conspiracy with the King against them 5. We disallow all war without real indeclinable Necessity and great grievous wrongs sustained and do not maintain it is to be declared or undertaken upon supposed Grounds or pretended Causes And so the Question is impertinently stated by our Adversaries Whether or not it be Lawful for Subjects or a party of them when they think themselves injured or to be in a capacity to Resist or Oppose the Supreme power of a Nation For the Question is not if when they think themselves injured they may Resist but when the injuries are real Neither is it every realitie of injuries will justify their Resistence but when their dearest nearest Liberties are invaded especially when such an invasion is made as threatens in●luctable subversion of them Next we do not say that a parties esteeming themselves in a Capacity or their being really in a Capacity doth make Resistence a duty except caeteris Paribus they have a Call as well as a Capacity which requires real Necessity and a right to the action and the things contended for to be real legal Rights really illegally encroached upon their Capacity gives them only a Conveniency to go about the duty that is previously Lawful upon a Moral ground No man needs to say who shall be Judge the Magistrate or people For. 1. All who have eyes in their head may judge whether the sun shine or not and all who have common sense may judge in this case For when it comes to a Necessity of Resistence it is to be supposed that the Grievances complained of and sought to be redressed by armes are not hid but manifest it cannot be so with any party only pretending their suffering wrong 2. There is no need of the formality of a Judge in things evident to Natures eye as Grassant Tyranny undermining overturning Religion Liberty must be Nature in the acts of necessitated Resistence in such a case is Judge party Accuser Witness all Neither is it an act of Judgement for people to defend their oun Defence is no act of jurisdiction but a priviledge of Nature Hence these common sayings vim vi repellere omnia jura permittunt And defendere se est juris Naturae Defensio vitae necessaria est a jure Naturali profluit 3. Be Judge who will the Tyrant cannot be Judge in the case for in these Tyrannical Acts that force the people to that Resistence he cannot be acknowledged as King and therefore no Judge for it s supposed the Judge is absent when he is the party that does the wrong And he that does the wrong as such is inferior to the innocent 4. Let God be Judge and all the World taking cognizance of the evidence of their respective Manifesto's of the State of their Cause 6. We condemn Resing to revenge private injuries whereby the Land may be involved in blood for some petty wrongs done to some persons great or small And abhor revengful Usurping of the Magistrats sword to avenge our selves for personal injuries As Davids killing of Saul would have been 1 Sam. 24. 10 12 13. 1 Sam. 26. 9 10. To Object which in this case were very impertinent for it would have been an act of offence in a remote defence if Saul had been immediatly asaulting him it could not be denied to be Lawful and it would have been an act of private revenge for a personal injurie and a sinful preventing of Gods promise of Davids
to death while it is yet morning Judg. 6. 31. Moreover as Mr Mitchel adduces the example very pertinently we see that the people of Israel destroyed Idolatry not only in Judah wherein the King concurred but in Ephraim and in Manass●h where the King himself was an Idolater and albeit they were but private persons without publick Authority for what all the people was bound to do by the Law of God every one was bound to do it to the uttermost of his power Capacity Mr Mitchel offers this place to vindicate his fact of shooting at the prelate Deut. 13. 9. Wherein sayes he it is manifest that the Idolater or intycer to Worship a false god is to be put to death by the hand of those whom he seeks to turn away from the Lord Which precept I humbly take to be Moral and not meerly Iudicial and that it is not at all Ceremonial or Levitical And as every Moral precept is Universal as to the extent of place so also as to the extent of Time persons The chief thing Objected here is that this is a Judicial precept peculiarly suited to the Old Dispensation which to plead for as a Rule under the New Testament would favour of Jewish rigidity inconsistent with a Gospel Spirit Ans. How Mr Knox refells this and clears that the Command here is given to all the people needs not be here repeated but it were sufficient to read it in the foregoing Representation Period 3. Pag. 30. as it is also cited by Ius Pop. Pag. 212. c. But these General Truths may be added concerning the Iudicial Laws 1. None can say that none of the Judicial Laws concerning political Constitutions is to be observed in the New Testament for then many special Rules of Natural Necessary equity would be rejected which are contained in the Judicial Laws of God Yea all the Laws of equity in the World would be so cast for none can be instanced which may not be reduced to some of the Judicial Laws And if any of them are to be observed certainly these Penal Statutes so necessary for the preservation of Policies must be binding 2. If we take not our measures from the Judicial Laws of God we shall have no Laws for punishment of any Malefactors by death juris Divini in the New Testament And so all Capital punishments must be only humane Constitutions and consequently they must be all Murders for to take away the life of man except for such Causes as the Lord of our life to whose Arbitriment it is only subject hath not approven is Murder as Dr Ames saith de homocidio Conscience Lib. 5. cap. 31. quest 2. For in the New Testament thô in the general the power of punishing is given to the Magistrate yet it is no where determined neither what nor how Crimes are to be punished If therefore Penal Laws must be taken from the Old Testament the Subject of executing them as well as the Object must be thence deduced that is what is there astricted to the Magistrate must be so still and what is permitted to the people must remain in like manner their Priviledge since it is certain the New Testament-Liberty is not more restricted as to Penal Laws than the Old. 3. Those Judicial Laws which had either somewhat Typical or Paedagogical or peculiar to the then Iudacial State are indeed not binding to us under that formality thô even these Doctrinally are very useful in so far as in their general nature of equity of proportion they exhibite to us some Documents of Duty But those Penal Judgements which in the matter of them are appended to the Moral Law and are in effect but accurate determinations accommodations of the Law of Nature which may suit our Circumstances as well as the Jewes do oblige us as well as them And such are these Penal Statutes I adduce for that Blasphemy Murder Idolatry are heinous Crimes and that they are to be punished the Law of Nature dictates and how and by whom in several cases they are to be punished the Law judicial determines Concerning the Moral equity even of the strictest of them Amesius de Conscienc lib. 5. de Mosaicis appendicibus praeceptorum doth very learnedly assert their binding force 4. Those Judicial Laws which are but Positive in their forme yet if their special internal proper Reason Ground be Moral which pertains to all Nations which is necessary useful to Mankind which is rooted in and may be fortified by humane reason and as to the substance of them approven by the more intelligent Heathens those are Moral and oblige all Christians as well as Jewes And such are these Laws of punishing Idolaters c. founded upon Moral grounds pertaining to all Nations necessary useful to Mankind rooted in fortified by humane Reason to wit that the Wrath of God may be averted and that all may hear fear and do no more so wickedly especially if this Reason be superadded when the case is such that innocent honest people cannot be preserved if such wicked persons be not taken order with 5. Those Judicial Laws which being given by the Lords immediate Authority thô not so solemnly as the Moral Decalogue are neither as to their end Mortuae dead nor as to their use Mortiferae deadly nor as to their nature Indifferent nor in any peculiar respect restringible only to the Jewes but the transgressions whereof both by omission commission are still sins and were never abolished neither Formally nor Consequentially in the New Testament must be Moral But such as these Penal Laws I am speaking of They cannot be reputed among the Ceremonial Laws dead as to their end and deadly as to their use or indifferent in their nature for sure to punish the Innocent upon the account of these Crimes were still sin now as well as under the Old Testament and not to punish the Guilty were likewise sin now as well as then If then the matter be Moral and not abolished the execution of it by private persons in some cases when there is no access to publick Authority must be Lawful also Or if it be Indifferent that which is in its oun nature Indifferent cannot be in a case of extreame necessity unlawful when otherwise the destruction of our selves Brethren is in all humane consideration inevitable That which God hath once Commanded and never expressly Forbidden cannot be unlawful in extraordinary cases but such are these precepts we speak of Therefore they cannot be in every case unlawful Concerning this case of the obligation of Judicial Laws Ames de Conscienc lib. 5. cap. 1. quest 9. 6. Those Laws which are predicted to be observed executed in the New Testament times cannot be Judicial or Judaical restricted to the Old But such is this In the day that a fountain shall be opened for th● house of David for sin for uncleaness which clearly points at Gospel-times It is said the
to himself what shall I do in the case Shall I obey and be free Or disobey and suffer Here is Election choice upon mature deliberation And so the deed becomes truly voluntary This will be confirmed if we consider the Law of God Deut. 22. 25. concerning Rapes Where to make the unvoluntareness of the betrothed Virgin she must not only be supposed to strugle resist the attempt made upon her chastitie honour by the villain but she must cry for assistence in that resistence without which she is held in Law willingly to consent to the committing of that wickedness And moreover if we consider the Law vers 13. it will be manifest in order to her escaping of death that when violented and the villain hath committed this villany she is to carry as Tamar when defiled of that beast thô of the blood Royal did 2 Sam. 13. 19. that is to complain cry and crave Justice against him and be wanting in nothing that may bring him to condign punishment This doth aptly correspond to our Case Scotland is the betrothed Virgin We were espoused to Jesus Christ and joyned to Him by a Marriage Covenant never to be forgotten But the Rulers and with them the body of the Land have treacherously broken it yet there is a Remnant that adhere to Him as Head Husband because of which these called Rulers incensed against Him will violently commit a Rape upon them and have them prostitute their bodies their fortunes yea their Souls Consciences to their lusts and thus they will needs ravish the Queen in the Kings presence And so while with displayed banner they declare they will drive our Covenanted Husband out of the Nation and destroy all who will oune Him as such they call for our Assistence Complyance to enable them to accomplish this wickedness Now either must we make all the Resistence that is in our power or the Law judgeth us willingly to consent and because of that we fall in the hands of the righteous Judge and have neither the evidence of our Resisting nor Crying nor pursuing the wicked for this violent Rape to produce and plead upon why Sentence should not pass and the Laws just severity be execute upon us What Alas do they declare they will stone our Husband Ah! for which of His good deeds is this done And shall they make a Law whereby we shall be obliged to furnish them with stones to do it And shall they be obeyed Is this our strugling Is this our Crying Is this our endeavour that the wicked may be brought to condign punishment Oh! let us meditate terror lest we be brought forth as willing Consenters For whatever vengeance the jealous just God shall execute upon them who have committed the Rapt shall equally in its crushing everlastingly confounding weight fall upon them who do not by their-Refusing their Resisting make their unwillingness manifest which in the present Case is their strugling their Crying and calling God and man to witness they are not Consenters but continue constant loyal in their love to their betrothed Husband 6. A formal Consent to the wickedness of these Impositions were the less matter if the payment of them were not also a Concurrence to assist them and a strengthening their hands in it But this is so manifest that the paying of the Cess Locality Fynes Fees c. is a Concurrence with and a Contributing towards the promoving the wicked designs for which they are imposed that he must have a conscience of brass and in a great measure seared who will run upon such a formal Engagement against the Lord and His anointed King in Zion If it was Aarons sin which made the people naked and which brought so great a sin upon them to take and the peoples sin shame to give that Contribution of Golden ear-rings for making a Calf Exod. 32. 3. c. And if it was Gideons sin to take and Israels to give that Contribution of the ear-rings of their prey to make an Ephod Iudg. 8. 25. Then as it is our oppressors sin to take so it must be our sin shame to give their demanded Exaction to help them in erecting such Idols of Jealousie as they have set up and are commanding al● to bow to to provoke the Lord to Jealousie especially when they affrontedly require such Contributions to be payed both as punishments for not assisting and as means to assist in their establishment Should we thus help the ungodly and love them that hate the Lord And will not this bring doun wrath upon us from the Lord 2 Chron. 19. 2. Alas instead of Arguing it were more fitt to fall a weeping when it s come to be a question amongst us whether in stead of coming to the help of the Lord against the Mighty we shall really help the Mighty against the Lord and that while they call for our assistence formally upon this declared account As the very inscription of their Acts does carry it in their front requiring a supply to his Majestie c. If this be not a Casting in a Lot among them who can tell what it is Sure it is a preparing a table for that troup and a furnishing a drink-offering unto that number Isai. 65. 31. Seeing it is a supplying them with necessaries to solemnize their Idolatrous fest vities who forsake the Lord and not only forget but lay waste His Holy Mountain for which all that have any accession to it are threatned to be numbered to the sword If any thing be a strengthening the hands of evil doers Ier. 23. 14. certainly this is For as they cannot accomplish their cursed ends without these Exactions so the payment of them is all the present personal publick Concurrence in wageing this war with Heaven that is required of the Nation to wit such a summ to furnish them with all necessaries and maintain the Executioners of their hell-hatched and Heaven-daring Decrees Orders And the Law requiring no more but contributing what is appointed looks equally upon all the Givers as followers of the Command and active Concurrers in complying with its end and carrying on promoving its design and so assoils them from all the statute serverities in case of Deficiencie 7. If it were only a Concurrence in their wickedness to pay those their Exacted supplies it were more easily comported with But I fear it shall be found a hire reward for their wicked service At first they were only enacted exacted as Helps to capacitate this Popish Prelatical Malignant faction to prosecute the war they had undertaken declared against Christ But now having thereby been enabled to carry it through this length that they have almost got all visible Appearances for Christ in ouning His Gospel and propagating His Testimony quite suppressed by means of these Impositions and having got the fields cleared of those that formerly opposed their Course Career and all obstacles