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A61509 Jus populi vindicatum, or, The peoples right to defend themselves and their covenanted religion vindicated wherein the act of defence and vindication which was interprised anno 1666 is particularly justified ... being a reply to the first part of Survey of Naphtaly &c. / by a friend to true Christian liberty. Stewart, James, Sir, 1635-1713. 1669 (1669) Wing S5536; ESTC R37592 393,391 512

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the inbringing of forraigne furious forces into the heart of our Land It were needlesse seing we had raised up in our owne bosome as cruel bloody mercylesse furious and mad forces as any forraigners could be or these were wherein lyeth the difference then O sayeth he We can avow it in the presence of God that we contend for that same Faith and Religion that our predecessours stood for against the Powers of that time and will maintaine the same against all Novators who upon account of a piece of Church order allowed by our Reformers now re-established instigate any private persons who have power enough to destroy all Magistracy and order in the Land because of the owning thereof It is not much matter what such men say they can avow in the presence of God who have openly and avowedly broken their vowes and renunced that Covenant which they swore oftiner then once with hands lifted up to the Most High God No wise Man will think that such will stoutely contend for the Faith and Religion who have renunced all faith and Religon and abjured these Covenants which were strong bulwarks to guaird and defend that Faith and Religion Ay but he will maintaine it against Novators as he calleth them That is indeed a new way of maintaining truth to maintain it against such as stand for the defence thereof and all the bulwarks thereof against him and his fraternity who are dismantling the walls undermining them opening the gates to adversaries intertaining them kindly in their bosome He speaks an untruth when he sayes that the Reformers owned such a Church order rather Church-bane and Church-confusion as these worthyes are now contending against and is now re-established So vvhen he sayes that these Novators and that Naphtaly do instigate any private persones vvho have povver enough to destroy all Magistracy and order in the Land and to occupy their Roomes We hope there shall be a Magistracy and good order in the Land vvhen that abjured Hierarchy the bane of that Church and State shall be utterly abolished vvith all it is adherents I must not let that passe vvhich he hath Pag. 119. Some sayes he have said Religion would never have been reformed if violence had not been used upon Magistrates But why should men take on them to limite God Hath he not shewed his power in several parts of the world in working on the hearts of the Supreame Magistrates and causing them to goe befor others in reformation of abuses Answ We know no violence● was used then upon Magistrats only with violence the godly withstood the unjust violence of Magistrates so as they gote not their furious purposes executed we shall be far from limiting the Holy Oe of Israel therefore dar not say but he hath moe wayes then one of bringing about his holy purposes And as at the first spreading of the Gospel it was not his way to work on the hearts of the Supreame Magistrates and cause them to goe before others in the reformation so a way may be his way which is different from that way whereunto he would limite the Lord. We do not deny but God may vvhen he thinks good stir up Magistrates to goe before others in that vvork but it hath not been his way of recovering us from Popery and we have not found the Supream Magistrates ever since so cordial as vve could have vvished for the vvork of Reformation And yet God hath carryed on his ovvne vvork vvhether they vvould or not And he who wrought then is the same God yet as mighty and povverfull as ever I vvish he vvould take the follovving vvords to himself and his party for they quadrate vvell Men are too apt to be bold in anteverting Gods vvay and to follovv their ovvne carnal prudence and affections in that vvhich they are set upon and thereupon vvhen they prosper to fancy a divine approbation of their vvay So self-loving are men Ordinarly From these particulars mentioned and from vvhat vve have replyed unto this Surveyer It is put beyond contradiction That vvhosoever shall condemne this late act of defence in maintainance of Religion and Libertyes must of necessity also condemne vvhat vvas done Anno 1648. and Anno 1638 1639. Yea and what was done at the beginning of the Reformation in the dayes of Mr Knox and strick in with all the rabble of the sworne Enemies of our Church and Reformation and speak the language of the Ashdodites ingrained Malignants our inveterate adversaries and speak downe right vvhat this bitter apostate the Surveyer dar not in plaine tearmes expresse And so condemne all those vvorthies vvho valiently ventured and hazarded all for the truth as Traitours and Rebels and say that such of them as lost their lives in that cause died as fooles die in rebellion and under the crime of treason and that all the blood of those vvho valiently died in the bed of honour in the maintenance of their Religion and Christian Privileges or vvho jeoparded their lives in the high places of the fields in defence and prosecution of that cause is to be required at the hands of Mr Knox and other noble reformers vvho actively bestirred themselves in this matter then and of late Yea they shall condemne all the Prayers Teares Sighs Groanes Fastings Supplictions and other such like meanes as vvere used in these exigences Which guilt vvise Men vvill vvell advise ere they take unto themselves The next thing is to adduce some authorities Pareus on the Rom. Cap. 13. dub 4. Hath this fourth proposition It is lavvful for private subjects if the Tyrant set upon them as a robber or ravisher and they can neither obtaine help of the ordinary povvers nor shun the danger in that present exigent to defend themselves and theirs against the Tyrant as against a privat Robber 1. Because against whomsoever a defence is lavvfull by the help of Magistrates against the same privat defence in case of necessity is also lavvful vvhen the defence by Magistrates cannot be had because in such cases Kings themselves do arme private persons But in the case of necessity defence by the inferiour Magistrate against the Superiour is lawful Therefore also private defence is lawful 2 Because if we take away both publik and private defence against the cruel rage of Tyrants the boundlesse licentiousnesse of Tyrants should be strengthenned hereby the civill society should be openly destroyed yea and chiefly the Church bacause the most wicked part should destroy the better But without doubt the Law of God doth not so establish the licentiousnesse of Tyrants as that thereby humane society should be destroyed Therefore God doth not forbid in all cases resistence to Tyrants oppressing people in their lives and saifty to satisfy their lusts Thus He. But it may be Out Surveyer will reckon him in amongst his Pseudomartyres because his book was confuted by a Hangman and a fiery fagot at the command of King Iames Yet both the book and the Author
ground sufficient for some actions whereto there is no extraordinary call Answ Though this be sufficiently answered before yet we say 1. That order is already ruined when the Magistrat destroyeth what he should preserve and so crosseth his commission and who teach that in such an extraordinary case when God's order is violated and broken and all in hazard to be overturned such things might be done which needed not to be done if God's order and appoyntment were observed do not take a way to ruine all order but rather to preserve that vvhich order it self is appoynted as a meane to preserve 2. We plead not for such formal imperate acts in matters of Religion as due to privat persones as we have said But for a povver according to the ability God puteth into their hands to hinder him from being dishonoured to defend their ovvne profession and Religion to hinder an universal apostasy and to endeavour in their capacities to have things righted vvhich are out of order And vvhen private persones are carrying themselves thus vve deny that they are runing out of their rank and calling nor can he prove it 3. Will he say that no actions can be sufficiently justified because done in extraordinary necessities and vvithout an extraordinary call Then he shall condemne the Covenants which David made vvith the men of Israel 2 Sam. 5. and vvhich Iehojadah made betwixt the King the People For he told us that both these vvere in extraordinary occasions and he cannot shovv us any extraordinary call He addeth If Magistrates be deficient privat persons are sufficiently discharged if they keep themselves pure and do vvhat possibly they can for advanceing Religion in their privat capacities and by their Elicite acts if a mans eyes be put out his eares or other senses will goe as far to supply that defect as may be yet cannot help the body by elicite acts of seeing So whatever length private persons may goe for the good of the body they must not goe to exercise and exert formally acts magistratical Answ All alongs we heare nothing but dictatings This and this he sayes and there is an end a noble patron of a desperat cause and worthy of a great hire But. 1. The question still abideth undiscussed how far privat persons capacity doth reach for that they must do more then keep themselves pure we have shevved 2. If they may do what possibly they can for advanceing Religion in their capacities they may do more then he will have them doing for then they may defend Religion with the sword and with violence hinder idolatry and superstition and what of that nature provocketh God to wrath All this and more is within their capacity and possibility as he would easily grant if the Magistrate vvould but countenance it yea and though he should oppose say vve But he will say these are not elicite acts And vvill he grant nothing else to privat subjects but elicit acts Then he vvill not grant them liberty to disput for Religion to exhort rebuke and admonish c. for these are not elicite acts more then disputing vvith the svvord and so vvith his Philosophick distinctions he vvould charme us into a perfect acquiescence vvith vvhat Religion the King vvill enjoyne 3. Eares and other senses never set up the eyes and gave them povver to see for their good But the People set up the Magistrates and may do when the Magistrate layeth downe his sword or avowedly betrayeth his trust what they might have done before they made choice of him 4. By this Simile it would follow that the People cannot only not do the Magistrate's Imperat acts but not so much as the Elicite acts which he may do vvhich is false 5. Though they cannot exert or exercise Formally acts Magistratical if they may do it Materially we seek no more In end he tell us That it is a dangerous and destructive tenent to be held forth to be beleeved by People That in all cases whether concerning Religion or Liberty when they account the Magistrate to pervert the government that they are Eatenus in so far even as if they had no King and that the royalty hath recurred to themselves and they may act and exercise it formally as if they had no King at all and this he tels us is the expresse doctrine of Lex Rex Pag. 99. 100. Novv that all may see vvhat a shamelesse and impudent man this is and how little reason any have to give him credite I shall recite the authors very words But because sayeth he the Estates never gave the King power to corrupt Religion and presse a false and I dolatrous worshipe upon them Therefore when the King defendeth not true Religion but presseth upon the People a false and Idolatrous Religion this is some other thing then when they account the Magistrate to pervert c. in that they are not under the King but are presumed to have no King eatenus so farre are presumed to have power in themselves as if they had not appoynted any King at all If an incorporation accused of Treason in danger of the sentence of death shall appoynt a lawyer to advocate their cause if he be stricken with dumbnesse because they have losed their legal and representative tongue none can say that this incorporation hath losed the tongues that nature hath given them so as by natures law they may not plead in their owne just and lawful defence as if they had never appoynted the foresaid lawyer to plead for them The King is made by God and the People King for the Church and People of God's sake that he may defend true Religion for the behove and salvation of all If then he defend not Religion NB in his publick and Royal way It is presumed as undenyable That the People of God who by the law of nature are to care for their owne soull are to defend NB in their way true Religion which so nearly concerneth them and their eternall happinesse Now let any judge if this be so dangerous and destructive a tenent As he would make his reader beleeve But it is easy for him who hath no shame to pervert sentences which he cannot confute and then call them dangerous and destructive and thus he will make the rabble of the degenerate clergy and other simple ones beleeve that he hath confuted Lex Rex And thus dealeth he with Naphtaly as we have shewed already Having thus considered all which the Surveyer hath here and there spoken against that which we have said let us now come to apply what hath been said unto our present purpose of vindicating the late act of defence which by what we have said we finde cannot be justly condemned as treasonable or rebellious but rather approved and commended as loyall service to God and the Countrey For 1. Thereby they were professing their constancy in adhereing to the reformation of Religion in doctrine worshipe Discipline and Government which was
law and under the gospel not onely at home but also abroad When Naphtali said That it was a cleare beging of the question to suppose that the late riseing vvas only in pretence of Religion This Surveyer answereth That it is a very poor quirck And why so He should know sayes he that in ordinary language a thing is said to be done under pretence of another whether the pretension be yet dubious or under controversy or whether it be falsely made or trely Answ Such language as this may be ordinary with him it may be and his complices that corrupt fraternity with whom pretences are real and real things are pretences but sure to all such as understand plaine language this queree did praesuppose that the riseing was not really but in pretence for Religion Did ever these in power make it out or offer to make it out that it vvas not really for Religion Naphtali said more over That the Queree it self seemed to imply aud grant That for subjects to rise in armes really for the defence of Religion against the invasion of the powers under the pretence of lawful authority is both lawful and laudable This sayes the Surveyer is as vaine a quirck How so for sayes he let it be so that the objection was meaned only of riseing upon meer pretences of Religion will this inferre that therefore there might be a riseing upon real intentions for Religion against the Magistrate Answ Sure to all of common sense it sayes that the proposers of the objection did yeeld so much having hinted nothing to the contrary Did they say giving but not granting it lawful to Subjects to rise in armes really in defence of Religion c. Why then might it not have been taken for granted that the objecters durst not condemne this especially seing the maine stresse did lye upon that supposed pretence Ay but he tels us That he affirmeth That upon neither of the two insurrection against the Magistrate is lawful and that these people did not rise really for Religion but to maintaine themselves in the course of atheistical contempt of Religion and God's ordinances to pull down all authorities in the ●and as their advocat pr●fesses and justifies their so d●ing and to destroy these in their innocency whom they had appoynted to death Answ His affirmations and assertions are but weak and beggarly proofs though he strengthen them with manifest and notorious lies And whether there be a truth in what he here affirmeth or not we leave the Reader to judge when he hath read and considered what we have said in the following vindication Next Some texts of Scripture vvere objected as 1. that 1 Sam. 15 ver 25. Rebellion is as the sin of witchcraft To which sayes Naphtali Pag. 156. One of themselves did roundly and clearely answere that the sentence being spoken by the Prophet to the King because of his disobedience and contempt of the command of God and not to Subjects would sooner conclude his accusers then himself to be a rebel This the Surveyer Pag. 264. calleth a very poor answer And yet so pertinent and plump that it stopped the mouth of the accusers filled their faces with shame But why was it such a poor answere For albeit sayes he that high rebellion immediatly againsi God be principally meaned yet the soveraigne Magistrate being the Lord's deputy and bearing the image of his Soveraignity upon Earth whom he commands to reverence and obey and of whom he hath said yee are Gods Psal 82. the despiser of the Soveraigne Magistrate a rebel against him doing his duty is a rebel against God Answ Those words Doing his duty were very well added But sure when such are rebelling against God enacting things diametrically opposite to his law and testimony persecuting the Subjects because of their adherence to the lawes of God to their vowes and Covenants and by force cruelty overturning the covenanted Religion destroying the interests of Christ the true and lawful liberties of the people and the common good they are not doing their duty nor carrying themselves as the deputies of God bearing the image of his Soveraignity but rather as manifest and avowed Rebels to God And therefore what ever can be said from this place to prove it rebellion and as the sin of witchcraft for subjects to despise the Soveraigne Magistrate and to rebel against him doing his duty neither from this place nor any other can it be demonstrate that the late Risers vvere guilty of Rebellion Did not the author of Naphtali tell him 2. That riseing up against authority it self the Ordinance of God and disobeying the powers therewith vested standing and acting in their right line of subordination is indeed rebellion and as the sin of witchcraft but to resist and rise up against persons abuseing sacred authority and rebelling against God the Supream is rather to adhere to God as our liege Lord to vindicate both our selves his abused ordinance from mans wickednesse and tyranny What meaned he then to say the same thing which Naphtaly had said Is this to answere his adversary And not rather to yeeld the cause Ay but left we should take these words doing his duty as importing any confession He addeth Yea suppose we are never to follow the Magistrate when his commands are contrary to God for that were to leave our line● of subordination to God yet when he swerves and goes out of his line to take the sword against him is but to study to cure his sin by our owne And because the King one way leaveth his line of subordination to God therefore to leape out of our owne line in that subordination in another way Answ This Man speaketh contradictions when he maketh a supposition that we are not to follow the Magistrate when his commands are contrary to God and yet sayeth if we do follow we leave our line of subordination to God We see what the Man's Spirit would have carryed him to if he durst have vented it But how proveth he that this is our sin or a leaping out of our line of subordination to resist tyranny and men abuseing their authority to the subversion of Religion libertyes and the common good of the Subject we have proved the contrary and answered all which he or his collegue the author of the former part hath said and shall be ready to say more when any nevv ground is given The next passage of Scripture which was objected was Mat. 26 52. To which said Naphtaly it was sufficiently answered without any reply by one of these impeached whom they accounted distracted though without the least appearance of impertinency by opponeing Luke 22 36. What now fayeth the Railing pamphleter Certanely sayes he This libeller seemeth not to be far from some measure of distraction while he alloweth the distracted man's answer as sufficient Who of sound judgment will think that a scripture is sufficiently answered by produceing another which seemeth contradictory thereto
difference in the cases Unto this I finde no ansvvere in special returned by the Surveyer unlesse Pag. 267. he mean Naphtaly vvhen he sayes But the Apolog. very paradoxically will maintain Pag. 159. That there is more reason to resist our own Magistrates then forraigners because our owne being bound to maintaine our profession his invasion upon the same is aggravate and he is rather to be resisted by violence then others for I finde no such thing in that place of the Apolog. by him cited and that vvhich I just novv mentioned out of Naphtali is indeed in Pag. 159. and though he miscite the vvords and vvrest them after his vvonted manner yet the Reader may see it probable that he intendeth Naphtaly Hovvever let us see vvhat he ansvvereth Thinks●e sayes he That it were soundly said that if parents should make disorder in the house that the children and rest of the family should use violence rather against them when they miscarry or waste the goods of the family then against a thief or a robber breaking in into the house Answ To passe by the unsuteablenesse of this Reply unto Naphtali's answer as if Naphtaly had concluded that there was much more reason for resisting our owne Magistrats then Forraigners while as an equality would have satisfied him as his words clearly import We say this to his reply That when he hath demonstrated to us that Children and Servants have as great right unto the goods of the family and as great power and privilege in setting up their Parents the heads of the family and of calling them to account for their mismanagement as we have proved Subjects have in the common good and in setting up of Soveraignes and in calling them to an account then shall his reply be noticed as having some parallel but till then we dismisse it with this answere that the simile as to our poynt is prorsus dissimile and can conclude nothing Yea let us turne is owne weapon against himself and say Seing Children and Servants may lawfully with force with hold the heads of the family when they in a fit of phrensy are labouring to destroy all to burne the house above their heads or to cast all the goods in the house into a fire and resist them no lesse then open enemies and robbers thinks he if soundly said That if Kings in a fit of madnesse Tyranny shal seek to destroy the common wealth wholly overturne all Religion to set up idolatry heathenisme the Subjects may not withstand them prevent their owne ruine and the ruine of Religion with force of armes when no other meanes can availe What will he say to this Will he deny this consequence If not have not we enough But he addeth The Authors error is this that he looks meerly to the obligation of the Magistrate to us and not at all to our obligation to him even when he fails abuseing his power Answ He looks meerly to the obligation of the Magistrate to us when he mentioneth the aggravation of his guilt of invasion upon that account And whatever be our obligation to the Magistrate which Naphtaly did not forget though he was not called expresly to mentione it then there it will not follow that it is an obligation unto an illimited and stupide Subjection to him in all cases and if the Surveyer prove not this vvhich I suppose he vvill not do he vvill prove nothing against us What more sayes he to this place of Scripture Pag. 267. after he hath given us in his vvay the meaning of these vvords of Christ to vvit That Christ proves his Kingdome not to be of this world by this Medium that if it were so his servants in the quality of his Servants should take up outward armes and fight for him c. Then he concludes that this text will enforce that Christ's Subjects meerly as they are in the capacity of his Subjects are not to use the sword against Magistrates that are over them in his behalfe And then sayes he allowes well of Mr. Hutcheson's note upon the place Christ sayeth he by hindering his servants to fight vvho vvere but private men as to any civil povver hath taught that private men are not vvarranted to dravv the svvord vvere it even in defence of Religion but they ought to maintaine it by suffering when called to that extremity Answ 1. We have showne already how this man's glosse and Mr. Hutchesons do not every way quadrate 2. If this text enforce that Christ's subjects meerly as they are in capacity of his subjects are not to use the sword in Christ's behalfe then He must either say that people even under the conduct of a lawful Magistrate can not defend Religion by armes which yet immediatly thereafter he granteth of say that when they defend Religion so they act not meerly in the capacity of Christ's subjects 3. As for Mr. Hutcheson's note which he opposeth to all our rebellious fancies we say we wish that that worthy author who hath given great proof of his dexterity in deduceing poynts of doctrine from the text had been after his usual manner more acurate here and had guarded his assertion better that it might have had a more clear rise every way answering the ground it was deduced from for sure I am this ground if it be at all against defensive armes in matters of Religion will as much speak against a defence used by Magistrates upon this account as by privat Subjects for the ground is the same to wit that Christ's Kingdome is not of this world and alike concerning Magistrats and people and is no more a temporall Kingdome in regaird of Magistrats then in regaird of private persons And upon the ground that Christ would not suffer his Disciples to fight for him at that time upon the same ground he would not have suffered even Magistrats to fight for him for he behoved to drink the cup that his father gave him And neither Magistrates nor privat persons could have hindered that by force or would have been permitted to do it by him And if it be said that from other passages it is clear that Magistrates who are noursing parents to the Church are allowed to use the sword We answere That we have also proved from scripture and reason that people in some cases may use the sword of defence for Religion Againe it if be said that his Disciples were but private persons as to any civil power and therefore it is only to be understood of these It is answered That it will as well follow That because they were fisher-men therefore it is to be meaned only of these and of none else or that because they vvere Church officers therefore only they must not use the sword and so all others may The last place which Naphtaly mentioned was Math. 5 v. 27. to the end where it is said Resist not evil but whosoever shall smite thee c. with the parallel places specially Rev.
162. thinketh othervvayes and proveth that self defence is lavvful to a private person against the Magistrate for the lavv vvhich allovveth to repel violence vvith violence maketh no distinction betvvixt a publick person and a privat person and the law of Nature alloweth it against every one for it knovveth no difference And as to that vvhich some vvould say That his death would be hurt full to the Commonwealth He answereth That he who resisteth the Prince doth intend no hurt to the Republick and it is not per se but per accidens that he standeth in the way of the good of the Commonwealth and if he should suffer himself to be killed he should transgresse against the Law of Nature Yea I much doubt if the Surveyer himself would not rather kill in this case as be killed and with Naphtaly account Self-defence a principal rule of righteousnesse however now he would disprove this assertion if he could And would let that passe of loving himself more ad finem suum ultimum and suam virtutem Finally what he sayeth against this assertion of Naphtaly is to no purpose for the Author of Naphtaly will readyly grant that in some cases not only a man but a compauy of men may yea ought to preferre the preservation of others unto the preservation of their owne life because of a divine command to defend Religion Libertyes Posterity and Countrey from the unjust invasion and violence offered by wicked Emissaries But he shall never prove That the Body of a land or a considerable part thereof is to hold up their throats to be cut by the Kings cut-throats when he they are seeking to root out the Covenanted-work of Reformation to destroy the Libertyes of the land and to make all perfect slaves both in soul and body CAP. III. A fourth Argument Vindicated taken from Scripture-instances Our fourth argument shall be taken from instances of opposition and resistence made unto the Soveraigne or his bloody Emissaries by private subjects without the conduct or concurrence of their Representatives recorded in scripture and which we finde not condemned by the Spirit of the Lord So that whosoever shall condemne the late vindicators must also condemne these instances As. 1. They must condemne the Iewes standing for their lives against their Enemies armed against them with a commission from King Ahasuerus sealed with his ring which no man might reverse in the dayes of Mordecai Esther But some vvill say That they had the King's commission which did warrand them to take the sword of defence against any that should assault them under pretence of the former decree I Answere If their having of the King's commismission did in poynt of conscience warrand them It had been utterly unlawful for them to have withstood the King's butchers if they had not abtained that commission and warrand But what man of common sense will say this This later decree did in poynt of law warrand them to gather together with saifty and security that they might the more easily not only defend themselves from their Adversaries assaulting them but also to destroy to stay and to cause to perish all the power of the people and province that would assault them both little ones women and to take the spoile of them for a prey Esth 8 11. But didnot could not make their selfdefence against such manifest bloody cruelty lawful in poynt of conscience if otherwise it had been unlawful Though every instance will not in all poynts quadrate for nullum simile est idem yet vve have here in this instance these things for our purpose 1. private subjects without their Ephori or Representatives arming themselves for defence that 2. against bloody Emissaryes of the King 3. bloody Emissaries armed by a formal commission decree and vvarrand from the King 4. A commission formally never reversed but standing in force as the decrees of the Medes and Persians that might not be altered 5. and this defence as lavvful in it self in poynt of conscience for if it had not not been so the King's vvarrand had never made it so so declared lavvful in poynt of lavv by a decree from the King after better thoughts In imitation of vvhich It had been a commendable practice in the King and Council if they had been so farr from condemning these innocent self-defenders since as they thought in poynt of honour and credite they vvould not retract or reverse their decrees and commissions once granted that they vvould have authorized them and absolved them in poynt of lavv since in poynt of conscience no man could condemne them for standing to the defence of their Estates Lands Libertyes Lives and Consciences unjustly oppressed by mercylesse Emissaries 2. They must condemne the people their rescueing of Ionathan from the sentence of death unjustly given out against him by King Saul 1 Sam. 14 44. In ansvvere to this instance our Surveyer sayeth Pag. 65. That the people used no violence against Saul when he went about to put to Death innocent Jonathan but in the heat of souldiery boldnesse do effectually interpose with Saul and mediate for the life of Jonathan moving Saul to Wave respect to his rash oath and to regaird what was just and right Answ 1. The matter came not the length of violence but had the King pertinaciously adhered to his rash and sinful resolution and by force had offered to draw the innocent Man to death that which they did spoke clearly they would have resisted him for whether the King would or not yea contrare to his oath they sweare in the face of the King that Ionathan should not die 2. It is but gratis dictum that only in the heat of a souldiery boldnesse they did mediate beside that there seemeth to be a material contradiction here for souldiers mediating and interposing especially in the heate of souldiery-boldnesse useth not to be with humble supplications intreaties but with violence or with what will usher in violence 3. We heare of no arguments they use to move bloody Saul to change his purpose but this as the Lord liveth there shall not one haire of his head fall to the ground He sayes Pag. 66. That the people did not oppose an oath to Saul's oath for Junius exposition may passe well that they spoke not by way of swearing but by way of reasoning abhorring the destruction of such a person absit ut vivit Jehovah an cadere debet Ans The word which they use is no other way translated here by Iunius then elsewhere and elsewhere it hath clearly the import of an oath as may be seen Iudg. 8. 19. 1 Sam. 19 16. and 20. 3 21 25 26. and in many other places 2. The People spoke these words as Saul spoke them ver 45. and therefore they are directly an oath of the people opposed to Saul's oath 3. Iunius himself sayeth that they opposed a just oath to Saul's hypocritical oath Sanctius in locum sayeth the people
for as Lex Rex sheweth The Church of God was to bear with all patience the indignation of the Lord because she had sinned Micah 9 10 11 12. and yet she was not obliged to non-resistence but rather obliged to fight against here Enemies David beare patiently the wrong that this Sone absolome did to him as is clear by 2 Sam. 25 ver 25 26. and Cap. 16 v. 10 11 12. Psal 3 v 1 2 3. Yet did he lawfully resist him and his forces So we are to beare sicknesse paines and torments which the Lord sendeth on us and yet very lawfully may we labour and use all lawful meanes to be freed from them 10. Christ's Rule to us Math. 5 v. 39. is that whosoever shall smile us on the right cheek we should turne the other to him also and what more patient subjection can be required by a Magistrate of his subjects and yet this will not make it altogether unlawful for private persones to defend themselves from unjust violence offered them by their equalls or inferiours No more will it follow from that patient subjection that we owe to Rulers that in no case we may resist their unjust violence and defend ourselves there from 11. I hope notwithstanding of any thing that is spoken in these passages he will allow children when wronged by their Parents and Servants when iniured by their Masters liberty to complaine to Magistrates who are over both and yet this is the useing of a legal resistence and as much opposite if at all opposite to the patience and subjection injoyned as is violent resistence when that legal resistence cannot be had as suppose when Father and Son and Master and Servant are living in no Community where there are Rulers and Judges over them and if this be lawful in this case as it cannot be denyed then must it also be lawfull for subjects to repel the unjust violence of Princes with violence Because there is no political Rulers over both King People But People must make use of that Court and tribunal of necessity which nature hath allowed and by innocent violence repel the unjust violence of Princes seing there is no other remedy His second ground out of Scripture is taken from Mat. 5 ver 10. 1 Pet. 4 ver 14 17. and the like places Where there is a commended suffering for Christ and Righteousnesse sake and consequently a sort of commanded suffering a suffering contradistinct from suffering for evil doing even a cleanly submission to suffer in and for well doing when God in his providence permits Rulers so to abuse their power which passive subjection or submission is not grounded on the Rulers abuse of his power through his corrupt will but upon the peculiar command of God enjoyning submission in such cases Answ 1. These the like speak nothing at all to the poynt For as we may be persecuted for righteousnesse sake by equalls Yea and by inferiours so we are to suffer that persecution when God in his providence calleth us thereunto with patience and humble submission of Spirit But is this a good argument to prove that it is unlawful for us to resist and repel injuries offered to us by equals or inferiours And if it will not prove it unlawful for us to resist our equals or inferiours neither can it hence be inferred that it is unlawful for us to resist Superiours 2. By this same reason the King if a Christian is bound to submit as well to his subjects as they to him at least he is not bound to resist a foraigne King invading him for Religion which I know not who will grant 3. That God alwayes calleth us to submissio nor passive subjection when in his providence he permits Rulers to abuse their power is the thing in question and this argument doth no way prove it 4. We grant that God calleth us to suffer for righteousnesse sake patiently and Christianly whether at the hands of Superiours or at the hands of equals or inferiours when in his providence we are so stated as that we must either suffer or sin by denying a testimony for his truth and cause But that when a door is opened for eshewing suffering and God in his providence seemeth not to call us thereunto as he never doth when he giveth a faire way of preventing it we are called to suffer and bound to choose suffering at the hands of any is denyed and not proved by him But furder he tells us That Lex Rexquaest 30. Leers at passive obedience as a chymaera as a dreame and as involving a contradiction And he thinks sayes he he speaketh acutely in saying God never gave to any a command to suffer for well doing nor at all to suffer suffering depending on the free will of another without us and not on our owne free will and so not falling under any command of God to us but he reasones sayes he very sophistically inferring that because meer suffering which necessarily depends on the action of another is not commanded to us therefore subjection to suffering or passive obedience is not commanded when the Magistrate inflicts suffering Ans The worthy Author of Lex Rex was there answering the objection of Royalists who alledged such places where they supposed we were commanded to suffer and among several assertions which he laid down to solve this he had this assertions That suffering formally as suffering nor non-resisting passive could fall under no formal law of God except in two cases 1. in the poynt of Christ's passive obedience and 2. indirectly and comparatively when it cometh to the election of the witnesse of Iesus whether he will suffer or deny the truth of Christ so that this alternative must be unavoydable otherwayes sayd he no man is to expect the reward of a witnesse of Iesus who having a lavvful possible meane of eshevving suffering doth yet cast himself into suffering needlesly Novv vvhat a meer vvrangler must this be vvho sayeth that that vvorthy Author did reason sophistically in so inferring vvhileas he is only ansvvering the objection and hereby he doth it sufficiently for if it be evinced as he hath unansvverably evinced it that passive obedience or passive subjection is not formally commanded then their arguments proving this passive subjection to be our duty are null and so they cannot hence inferre that non-subjection passive is forbidden And vvhat have they gained then out of these places Can this Surveyer affirme that passion as passion or suffering formally as such cometh under a command of God no he dar not but must vvith Lex Rex say that it is impossible that meer passion as to be whipped to be hanged to be beheaded should be the object of an affirmative or perceptive command of God Why then is he offended vvith Lex Rex Why jeers he at that worthy Author saying he thinks he speaks acutely is this to answere Lex Rex to jeer at what is there sayd aud then be forced or speak
State is a maine article of their new faith to do so is one of their new commands added to God's For 1. It never was a certane truth nor ever was reckoned among the immovables of Religion except by Court divines base flattering Sycophants whose maine and only Religion was and is to please the King that he might full their bellies that absolute and illimited subjection was due to Princes by the whole body of the People so that if he should send our Emissaries like so many wild Beares to kill Man Wife and Children Without colour and pretence of Law or reason People should do nothing but cast open their brests and hold up their throats that they may be devoured at once what sound Divine sayeth so What sound Divine putteth this brutish subjection among the ancient land marks Yea what sober Royalist that is not with this surveyer intoxicate with Royal gifts till his braines be crack't and his rationality brutified dar positively averre that this is to be put among the immoveables of Religion 2. This principle which he calleth new and as false as new is an old truth verified by the practices of all ages and is as true as old which he might easily see if his new dignities and gifts had not blinded his eyes and made him as false and perfidious as he is notour 3. He tells that our principle tends to confound both Church and State because we plead against Tyranny either in Church or State a pretty reason Because we plead for that which tendeth to the preservation of Church and State in being and purity therefore we plead for confounding Church and State whereas his principle of Tyranny in Church and State is the readyest way imaginable to destroy both as hath been seen by many sad and dreadful examples before our dayes 4. This man who hath perfidiously renunced his Covenant with God and avowed his perjury to all the World and his palpable breach of and casting behind his heels the third command talks of our adding new articles to our faith and a new command to God's because we will not deny the principles of nature nor grant that free-born subjects are slaves or brutes And with him Tyranny is the ancient Land-mark and the chief poynt of his Religion and a maine article of his faith and one of the grand commands of the time But many know at whose girdle his faith and his Religion hangs But we will choose none of his Religion principles articles of faith or commands For they change with the Court and we know Court Divinity is a coat of many colours faire and fashionable but such as will neither keep from cold nor cover our nakednesse far lesse save from God's wrath in the day of accounts CAP. XV. Some other Particulars alledged by the Surveyer against us examined HAving in the two preceeding Chapters answered his maine Cardinal Arguments our labour will not be great in confuteing what followeth He says Pag. 22. We shake hands with any Papists asserting that any person unjustly pursued by Magistrates may defend himself by armes and slay them if he cannot otherwise escape no lesse then Robbers or cut-throats Thus Becan Tom. 2. contr Tract 3. quaest 8. Swarez contra Reg. Angl. Lib. 6. cap. 4. § 6. So Aquin. 2. 2. qu. 70. Art 4. c. To which we answere 1. That the question which these Papists speak to is different from ours We speak not concerning vvhat a privat single person may do vvhen arraigned and unjustly condemned but concerning what a community may do when unjustly oppressed persecuted by Magistrats contrare to their trust and oath 2. We speake not of private persons killing Magistrates at their own hand but of privat persons or a community their defending themselves against unjust violence and this truth which we maintain was owned and practised before ever any Papist put pen to Paper Next he tells us That Mr Calvsn is of another judgment Inst Lib. 4. cap. 20. § 26 31. To which we answere 1 Mr Calvin is asserting that wicked men may be Magistrates and that such though wicked while they are in office should be acknowledged as God's deputyes for so sayes he § 25. In homine deterrimo honoreque omni indignissimo penes quem modò sit publica potestas praeclaram illam Divinam potestatem residere quam Dominus justitiae ac judicit sui Ministris verbo suo detulit proinde à subditis eâdem in reverent â dignatione habendum quantum ad publicam obedientiam attinet qua optimum Regem si daretur habituri essent And in the following Sections sheweth that such ought to be so accounted who are in the possession of the Throne whatever way they have attained to it as Nebuchadnezzar who yet was but the hammer of the earth Ierem. 50 ver 23. Belsazer and the rest of that Kinde and therefore § 29. he sayeth Hunc reverentiae atque adeo pietatis affectum debemus ad extremum prafectis nostris omnibus qualescunque tandem sint And would have us § 31. carefull not to rub contempt upon or to violent the office or ordinance of God even in such which we easily assent unto Because that this is not repugnant to a sinlesse self-defence and resistence made to their open Tyranny when seeking to destroy Religion Libertyes and every thing that is previous and deare unto the Subjects It is true some-where his expressions seem to condemne resistence but that which we have mentioned is the maine thing he presseth and he doth not speak to the case of resistence particularly 2. Though we should grant that in this particular Calvin is not ours yet the Surveyer must know that § 31. he is against him also for the Surveyer putteth Parliaments all inferiour Magistrates in the same condition with private Subjects and yet Calvin sayeth that such as are as the Ephori among the Lacedemonians the Tribuns of the people among the Romans and the Demarchi among the Atheniens and the Estates of Parliament may and ought to suppresse the Tyranny of Princes And so in this matter Calvin shall be more for us then for him 3. It would be noted both in reference to the testimony cited out of Calvin and to the testimonies of other following That the case which they speak to is different far from ours For with us both King and Subject are bound in a solemne Covenant to God to maintaine and promote a work of Reformation and upon these tearmes did out King imbrace the Scepter and became obliged by conditions unto his People And sure more may be said for our defending our selves our Covenant and our Religion when unjustly persecuted by the King then for other privat Subjects who are by Gods Providence under Heathen Princes or conquerours or under Princes of a different Religion and who have no security or immunity covenanted unto them by these Princes Then the citeth some passages out of Peter Martyr's Loc.
one kinde of Tyranny which consisteth in violating changeing or removing of fundamental lawes specially such as concerne Religion such sayes he was Athalia Philip the King of Spaine who contrare to the fundamental Belgick lawes did erect an administration of justice by force of armes and such was Charles the IX of France that thought to overturne the Salicque law and whether our King be not in this guilty in overturning the fundamental lawes concerning our reformed Religion let the world judge Next sayes he when he keepeth not his faith and promise but despiseth his very oath made unto the people and who is more guilty of this then King Charles the 2 ● n. 9. He giveth us this mark when the supreme Magistrate marketh use of an absolute power and so breaketh all bands for the good of humane society and are not the bonds both of piety and justice novv violated n. 11. He tels us a Tyrant doth take away from one or moe member of the Commonwealth free exercise of the orthodox Religion and n. 12. that for corrupting of youth he erecteth stage-playes whore houses and other play-houses and suffers the colleges and other seminaries of learning to be corrupted and n. 15. that living in luxury whoredome greed and idlenesse he neglecteth or is unfit for his office How these sute our times we need not expresse Then n. 16. He sayes he is a Tyrant who doth not desend his Subjects from injuries when he may but suffereth them to be oppressed and what if he oppresse them himself n. 19. who sayes he by immoder at exactions and the like exhausts the subjects Jer. 22 ver 13. 14. Ezech. 34. 1 King 12 19. Psal 14 4. and n. 10 who hindereth the free suffrages of Members of Parliament so that they dare not speak what they would how much of this we finde to be true in needlesse here to expresse Then n. 23 24 c. he tels us he is a Tyrant who takes away from the people all power to resist his tyranny as armes strengthes and chief men whom therefore though innocent he hateth afficteth and persecuteth exhausts their gods and lively-hoods without right or reason all which he confirmeth by several Scriptures And how apposite these are to our present case all know who is not an utter stranger to our matters So that when we have so many things to alledge none can justly blame us for saying that vve are oppressed and borne dovvne vvith insupportable tyranny and now we goe on to consider what he sayes And as to the first he tells us Pag. 68. That their life and blood was not sought upon any tearmes there was no forceing them to idolatry nor false worshipe nor frighting them to any thing of that kinde upon paine of their lives only for contempt of the outward ordinances of God purely administred in an orthodox Church they were put to pay such moderate fines as the publick lawes had appoynted Without any actual invasion of them or their persones They were the first aggressors murthering the Kings Servants and seiseing on his chief officer They had never before that assayed supplicating which was not forbidden them to do if so be they would have done it without tumults and combinations but flew to the sword and marched on to mock authority with armed petitions as they mocked God by sinful prayers to prosper their evil course Answ 1. What intention there was to seek the life and blood of these People God koweth But sure all who knew their case saw that their life was only left them that they might feel their misery So were they oppressed and harassed that death would have been chosen rather then life Were they not beaten wounded and bound as beasts their goods and substance devoured before their eyes were not their lands and tenements laid waste and many redacted to beggary Besides other inhumane barbarityes which they were made to suffer 2. We see he would allow it lawful to resist if the King should force to idolatry and false worship and what will he do then with his arguments which will not allow that exception as they are urged by him He must necessarily grant that they are inconcludent that it holdeth here Argumentum nih●l probat quod nimium probat 3. How beit they were not forced to idolatry yet by the same law reason and equity or rather Tyranny and inquity they might have been forced to that as to what they were forced That is by the law of Tyranny and violent oppression They were pressed to owne and countenance perjured prophane wicked and debauched Curates thrust in upon them contrare to their Privileges as lawful and duely called Ministers and thereby to owne and approve of Prelacy which was abjured and cast out of the Church with detestation and so to concurre in their places and stations with and give their testimony unto a most wicked and unparallelable course of defection and Apostacy from God and his holy wayes and works and thereby to condemne the Reformation of Religion in doctrine Worshipe Discipline and Government which God had vvonderfully vvrought amongst us and vvhich all ranks of People vvere solemnely svvorne to maintaine and defend 4. He talketh of the outvvard ordinances of God purely administred vvhen all knovv how these profane vvretches made all vvho ever knevv vvhat the service of the true and living God vvas to abhore the offering of the Lord For they despised the Name of the Lord and offered polluted bread upon his altar and made the table of the Lord contemptible they offered the blinde the lame and the sick and torne and thus they vovved sacrificed unto the Lord a corrupt thing Yea their administration of ordinances vvas and is to this day rather like histrionick acts and scenes then the service of the true and living God And vvhat sober serious Christian yea vvhat soul that hath any beleeving apprehensions of the Majesty of God can be vvitnesse let be a concurring actor in and consenter unto such abhomination and idol-like Worshipe 5. He talkes of an orthodox Church vvherein perjury and such like abhominations are approved and countenanced maintained and avovved and vvherein the vvork of Reformation of Religion in Doctrine Worshipe Discipline and Government is condemned a Covenant abjureing Popery Prelacy Prophanesse Schisme and Heresy and whatsoever is contrary to sound doctrine and the power of godlinesse condemned and annulled and wherein Atheisme wickednesse ignorance licentiousnesse and all sort of prophanity yea and blasphemy aboundeth and wherein there is so much Popery and idolatry countenanced and connived at and such abhominations reigneing Our first confession of faith recorded in Parliament Cap. 18. giveth this as one note of a true Church viz. That in it Ecclesiasticall Discipline be uprightly ministred as God's Word prescribeth whereby vice is repressed vertue nourished But now there is a discipline repugnant to Gods Word administred whereby vice is nourished virtue suppressed 6. He sayes that
the fines were moderate But more immoderate fines and exorbitant penaltyes vvere never imposed by Rulers except such whose designe was to Tyrannize over the soules and consciences of poor people and to the payment of these transcendently exorbitant penaltyes they were constrained not in a legal manner as it ought to be in a civil and free republick but in a military compulsive constraineing way whereby their persones and goods were tyrannically and inhumanely invaded plundered destroyed and ruined 7. It is true providence so ordered it that the first that was vvounded was one of the souldiers But Naphtali tels him that the countrey men were necessitated thereto in their ovvne defence for vvhen they but desired the souldiers to loose the poor man vvhom they had bound hand and foot like a beast they vvere assaulted vvith drawne swords and so first and last they vvere invaded and provocked were not the first aggressours beside that was but a meer accidental emergent though they had formally without that occurrent provocation joyned together to have repelled unjust violence none in reason could have called them the first aggressours being so long before that time at two inrodes beside this last so barbarously and inhumanely used by Sr Iames Turner that bloody executioner of illegal tyranny and brutish beastly Doeëg who having renunced all humanity compassion raged like a wilde beare to the laying waste of that countrey side So that here was no violent re-offending used without a previous actual invasion made by companyes of armed men sent to eat up root out and destroy a worthy and precious countrey-side An imminent danger sayes the law is a sufficient ground to take up armes and that is not previous strokes but the terrour of armour or threatning L. sed si ff ad Leg. Aquil. l. 3. quod qui armati ff de vi vi armâta Sure here was enough to warrand a Community to stand to their defence and to prevente their utter ruine and destruction which was certanely expected and this was to them the last and most inexorable case of necessity And so the places which he citeth out of Lex Rex do partly confirme this and partly are not to the purpose being spoken of a single person buffeting his master after he hath been buffeted or having received deaths wounds seeketh to revenge himself on his aggressor 8. He tels us they should have first supplicated these in power But they had supplicated already Sr Iames Turner and their case was made worse and not the better thereby and all joynt petitioning was condemned as treasonable and what could they then have done The most peacable manner of supplicating if it had been in a joynt manner that could have been devised had been interpreted tumultuous And Since it was so what could they do but after the example of our progenitors advance with armes in the one hand and a petition in the other 9. The Prophane man talks of their mocking God by their prayers and of their spoyling loyal persons but as they have the testimony of all among whom they were that they were not to be charged with plundering taking nothing unlesse it were a few horses and such things as were necessary for the defence of their lives and for the welfare of the Countrey wherein many do suppose they were but too too spareing seing the benefite was common to all and they were to venture their lives not for themselves alone but for the whole Countrey So the Lord gave proof that he hath accepted their endeavours though it was not his appoynted time to restore our Kingdome in that he did so signally ovvne and countenance such as vvere honoured vvith martyrdome for the Testimony of Iesus and for his interest and cause But this man speakes like himself vvhen he addeth that both they and others have cause to blesse God that they had no successe which might have been a snare and stumbling block to them and others also For vve knovv indeed that it is no small mercy not to thrive in an evil vvay and therefore vve think that He and his vvicked fraternity on whom the Lord is raineing snares by suffereing them to thrive have great cause to lament the blak day that is coming and to tremble both for the imminent judgments and for the dreadful plague and judgement of hardnesse of heart vvith vvhich they are already visited of the righteous God Yet vve knovv That a vvay may be his vvay vvhich he vvill not prosper for a time till the cup of the Amorites be full and he hath attained his other holy ends vvhich he designeth in casting his Church into a furnance And if he judge of causes alvvayes by the event he shevveth himself a stranger to the Soveraigne vvay of the Lord in all ages As to other thing he speaketh Pag. 10. and sayeth doth not the true protestant Religion as it is held forth inscripture and was publickly confessed by our first reformers which confession is Registred Parl. 1. K. James 6. through God's mercy continue with us without variation from it in the least Doth not the Kings majesty protect and advance this blessed Truth of the Saving Gospel and encourage and invite all according to his power to imbrace it Is he not willing and desirous that the lawes be vigorously executed against papists and all perverters of this sound doctrine are any spoiled of their lawful civil libertyes What one thing hath he done without consent of the Peoples Representatives in Parliament at which any may except as a grievance what burden hath he laid upon their Estates but by law or by their owne consent in a necessary exigence Answ 1. If the protestant Religion continue without variation in the least vvhat meaneth then the bleating of the sheep and lowing of the oxen in every ones eares what meaneth the many Jesuites and Seminary Priests that goe up and downe the land what meaneth the many masses that are used in several parts of that land and in the very heart thereof in and about Edinbrough What church discipline is used against these belike the Prelates have no will to trouble their old brethren the native and faithful children of their catholick Mother the whore of Rome because they minde yet once againe to take a drink of the cup of her fornications and to returne as prodigal Children unto their former dear Mother the bloody harlote the mother of fornications And hovv cometh it that one Mr. Tyry formerly a knovvn papist is admitted to a prefessorshipe in St. Andrewes vvho not only cannot be reconciled to that minister who motioned the giving to him that Head to handle de anticbristo Romano but even in his theses did assert that the Pope was not Antichrist But what is become of the Religion of the Church of Scotland as it was reformed in doctorine worshipe discipline and government What is become of these Covenants vvhich were our strong bulvvarks against propery and vvhat is
become of the many acts of Parliament ratifying and approving these Covenants Are not all these cast avvay are not vve cast open unto the assaults of that bloody Beast what meaneth the great increase of the number of papists so that the very Parliament it self in their statute 8. sess I. a mok-act never put into execution sayd that the number of Iesuites Priests and Papists did now abound more then ever they did under the Government of his father and grand father What meaneth the rescinding and anulling the first act of the 12. parl of K. Iames 6. holden Anno 1592. in all the heads clauses and articles thereof in their act 1 sess 2. whereas that act did not also ratify and approve presbyterial government but did also ratify and approve all privileges libertyes immunityes and freedoms granted by his hieghnesse his Regents in his name or any of his predecessours to the true and holy Kirk established within the Realme and declared in the first act of Parliament Anno 1597. and all and whatsomeever acts of Parliament and statutes made before by his Highnesse and his Regents anent the liberty and freedome of the said Kirk and particularly the first act of parl Anno 1581. and all other particular acts there mentioned and this act Anno 1581. ratifieth all preceeding acts particularly that made in the reigne of Queen Mary Anno 1567. anent abrogating all lawes acts and constitutiones canons civil and municipal with other constitutions contrare to the Religion then professed and all posteriour acts namely such as abolished the Pope and his uspurped authority that anulled the acts made against God's word and for maintainance of Idolatry the act ratifying the confession of faith of the protestants of Scotland the act abolishing the Masse and for punishing hearers and sayers of the same acts made anent the admission of them that shall be presented to benefices having cure of ministry anent the King's oath to be given at his coronation anent such as should beare publick office hereafter anent teachers of schools anent the jurisdiction of the Kirk anent the true and holy kirk anent the ratification of the liberty of the true Kirk of God and Religion anent such as are declared not to be of the true Church And also the said act Anno 1592. ratifieth all other acts made in favours of the Kirk since the yeer 1581. So that by this late Act made Anno 1662. all the acts made in favours of the Church and of the protestant Religion are annulled and rescinded for there is no exception added but the said act in all its heads clauses and articles is declared null and voide Where is then our legall security for our protestant Religion and Libertyes of the Church Sure these things presage no good to the protestant Religion But 2. What way the King doth advance this blessed truth of the saving gospel if he meane hereby the protestant Religion we are to learne For his publishing in print that the Papists have been faithful subjects to him and his father whilest others under pretence of Religion had involved the Kingdomes in blood and by these Papists meaning with others the irish rebells who for promoving the Romish bloody designe executed that bloody Massacre in Irland the report whereof made all protestants to tremble and to stand astonished giveth us but small hopes that so long as he is of that minde he shall ever do any thing effectually for promoving or maintaineing the Protestant interest His advanceing of Papists to greatest places of publick power and trust England in Parliament Council Court Counteyes and the Army speakes rather an encourageing and inviteing of persons to turn Roman Catholicks His provideing a house for Fathers and friers speaks out no good intention and designe Let the Surveyer read what is said to this purpose in the Preface to Naphtaly 3. He tells us that the King is willing and desirous that the lawes be put in execution against Papists and perverters of sound doctrine But how cometh it then that there are no sayers of Messe and seminary Priests sentenced according to the law Did ever the King write to the Council for suppressing of Popery as effectually as he hath done for suppressing of conventicles Or did he ever chide the Council or depose any member thereof or any other inferiour Magistrate upon the account of their negligence in this But be it whose fault it will sure we are there is more care taken to search out conventicles then the meetings of Papists or Quakers Is the Towne of Edinburgh under such a bond to suppresse meetings for Masse and others of the like nature as they are for suppressing of honest Protestants meeting for the Worshipe of God according to the purely reformed Religion Did ever any Arch-Prelate procure an order from his Majesty to stirr up the leazye council to diligence in this matter Wherein I pray doth either the Kings willingnesse or the vvillingnesse of the Council or of other Inferiour Magistrates to have the lawes against Priests vigorously put into execution appear And where are we then when all Magistrates from the highest to the lowest connive at if not encourage countenance and approve of Papists and Popish idolatry and the true Worshipers of God are hunted out cast into prisones banished into America and Tangyr and made to suffer such inhumane Barbarities and all to pleasure the perjured Prelates who are more afrayed of a few honest seekers of God then if legions of Papists were swarming in the Land knowing how soon they would be willing to imbrace these serpents in their bosome and joyne with them to root out the Protestant interest whileas they hate the truly godly with a perfect hatred as being of principles irreconcileable with theirs and having ends before their eyes diametrically opposite to what these intend Yea where are we when almost all the Rules proposed by Adam Contzens the Jesuite for introduceing of Popery in his Polit. Lib. 2. Cap. 18. are so exactly followed as when he adviseth that 1. They proceed as musitians do in tuneing their instruments gradually and piece by piece 2. That they presse the Examples of some eminent Men as a meane to draw the rest 3. That Arch-heretikes that is most Zealous Protestants be banished all at once or if that cannot be done saifly by degrees 4. That such be put from their dignities and all place power of trust 5. That Protestant Religion be made odious by loading such of their opinions as are most obvious to a harsh construction 5. That they foment the quarrels that are among Protestant and strengthen that party that is most ready to comply with Rome 7. That they discharge and hinder all private conventicles of Protestants 8. That severe Lawes be made and rigorously executed though not against all yet against the most dangerous Who seeth not what a conformity there hath been and yet is betwixt the practices of this Apostate Popish Prelatical and Malignant
word of ● King is there is power and who may say unto him what dost thou Ans I. Will it hence follow that we must obey all the Kings unjust unlawful and iniquous commands No true Christian can say so Neither will it hence follow that in no case he may be resisted 2. Kings way not de jure do what they please but they have power to execute the Law in way of justice which is the thing that they as Kings should and do please And therefore we should not stand in an evil matter 3. Notwithstanding of this Princes have been rebuked 2 Sam. 12 ver 7. and resisted 2 Chron. 27 ver 17 18 19 20. and so the meaning is no man must question his just actions warranted by his lawfull authority Or it is but folly for a man to strive with such an one as is able to execute his cruelty and to do what he will see the English notes on the place and Mr. Iackson's but as this doth not justify Kings in their oppressing so neither doth it condemne a resisting of their tyranny more then the resisting of the oppressing violence of some mighty robber who hath power to do what mischief he will whom yet lawfully we may resist if we be able Obj. 19. The author of an appeal to conscience adduceth that place Psal 105 ver 15. Touch not mine anoyneted Answ Hence it clearly followeth that Kings and Princes should not enjure the Saints and Servants of God for this was meaned of Abraham Isaac and Iacob and of their Wives and Families who were sojourning as strangers from Nation to Nation as the context cleareth and the words following and do my Prophets no harme And so relateth to vvhat vve heare Gen. 12 v. 10 to 20. 20 1. c. 26 1. c. is not meaned of Kings and Princes as such So that this anoynting is such as is common to Priests and Prophets to all the saints vvho are spiritually anoynted and so become Kings Priests unto God 1. Pet. 2 5. Rev. 1 6. and 5 10. Obj. 20. D. Ferne Resolvig of conscience vvould prove from 1 Sam. 8 ver 18. that subjects may do nothing against Tyrants but cry to the Lord. So Grotius Answ Subordinata non pugnant We may both cry to the Lord and resist as Iudg. 10. Exod. 14. 2 Chron. 32 v. 20. 2 King 19. 2 Chron 14 v. 9. c. and 13 14 15 * 16. 2. The text saith not they should have no other remedy left them but crying or that it should be lavvsul for them to do no other thing We finde that they resisted this King vvhen he vvas about to kill innocent Ionathan 3. The vvords at most but import a prohibition of attempting to have the government changed from King to judges 4 Suppose it vvere so yet it importing only a punishment unto them for their importunat and headstrong affecting of a King vvill not in reason reach other Nations not guilty of this crime Yea 5. This praediction could not bind up their owne hands from a defence but at most import That all their resistence or defence should be in vaine through God's not hearing or helping them in resisting Obj. 21. The author of an appeal to thy conscience proposeth this argument That evil Kings and Tyrants are afflictions and punishments inflicted on us by God Therefore we should submit patiently and not resist Answ The consequence is nought for so are forraigne enemies the riseing up of inferiours against us sicknesse and paines on our bodyes and the like and yet these may very lawfully be resisted Obj. 22. Equals have no power over equals much lesse have inferiours over Magistrates Alber. Gentil in dispp regalib Answ Superiority is not requisite to lawful defence as is said 2. A Tyrant as such is no Magistrate but a privat person Obj. 23. No punishment for Tyrants but vexation of conscience id ib. Answ All evil doers may expect that punishment as well as Tyrants and yet they may be resisted yea and punished with civil punishments Obj. 24. The removing of a Tyrant occasioneth civil warres which makes the remedy worse then the disease id ib. Answ 1. We speak not of removing Tyrants but of resisting them 2. This is the way to prevent ruine and destruction to the Commonwealth even to resist Tyranny 3. A civil war may be more advantagious for Religion and the libertyes of the subjects and so preferable to a brutish submission to illegal tyranny And every kinde of evil is not to be endured for avoyding a worse in probability 4. Desperat diseases must have desperat cures and it is better to hazard some thing in a warr then lose all We know not what the event may be we are bound to defend Religion and the libertyes of the countrey and commit the event to God 5. It hath been found that the putting away of a Tyrant hath proved very advantagious to the Countrey and to Religion and hereby all their losse by warr was more than abundantly repayed yea and sometimes this hath been obtained without much shedding of blood CAP. XVIII How weakly foolishly The Surveyer maintaineth the Union of his Majestie 's Dominions is cleared HAving thus discussed all which the Surveyer hath in his railing pamphlet said against this truth which we have maintained and having sufficiently as we suppose vindicated the Peoples right to defend themselves and their Covenanted Religion from manifest and intolerable violence and oppression we might without the least injury imaginable to our cause wave the examination of what he Principally aimeth at Cap. 1. 3. 4. as being extrinsick to the present question and because we are not necessitated to maintaine these opinions which he setteth himself against in those chapters our question being distinct from those and easily maintained without touching upon those rockes But yet because this windy man would faine make his Majesty beleeve that he had not gotten his reward for nothing but that he had done some notable piece of service vvorthy of it And had discovered some rare secret the discovery of which is of no small advantage but of great use both for the preservation of the union of his Majestie 's dominions and for the saveing of his life from the stroke of adversaryes vve shall manifest hovv little ground he hath to father any of these assertions on Naphtali and then discover hovv vveakly and foolishly he maintaineth his Majestie 's cause in both these that al the world may see that he hath come short of performing that service to his Maj. which he here undertaketh that he hath been so far from laying the devil after he had raised him that he hath done his Maj. no small piece of disservice in starting questions so dangerous to his Majesty's Kingdomes and life when he had no ground given him and after he had moved the question left it worse then he found it and so did little lesse then invite such as
for their defence and preservation Then much more may they lavvfully novv joyne and associate together for their defence and preservation without making any such rupture or new erections but endeavouring to keep the old Society firme and intire undissolved and unweakened So that though his glosse should be admitted he doth but bewray the ignorence of his capricious braine to take the Medium for the conclusion And the antecedent will be granted by politians and is expresly asserted by Althusius Polit Cap. 20. Num. 20. in case the Prince keep not his promise but violate his faith and Covenant 5. Suppose also that this which he alledgeth had been the authors positive assertion can he hence inferred with any colour of reason that it was or is the designe of the author and his party to dissipate and dissolve the old setled frame of this Kingdome and erect new Commonvvealthes vvith nevv distinct Soveraignes Seing every one knovveth that many things are lavvful vvhich are not expedient convenient nor necessary that it vvere the result of no mature deliberation but of madnesse and folly to intend and designe such a thing vvhich though lavvful in it self yet all things considered vvere very inexpendient and unnecessary yea not only not advantageous to their ends and purposes but quite destructive thereof Novv since the Surveyer hath dravvne in this controversy by the eares and set it in the front of his learned and elaborat pamphlet vve must suppose him one vvho is vvell versed in this topick and can give a good account of his politick notions touching this quaestion But alas if he had a real adversary to deal vvith as novv he doth but faigne one to himself it is easy fighting against a man of stravv or one of our ovvne making his ridiculous and yet audacious folly vvould easily be made to appear his adversary vvould laugh as indeed he vvould have cause at the shakeing of his spear He maketh this the thesis which he undertaketh to confirme That when politick bodyes are setled in voluntary associations or whatever way in the course of divine providence they have been reduced to live under the same lawes and authorities and have continued long in the union of a common interest under the protection of magistracy to break off from the body in seditious secessions cannot but be displeasing to God and they are no other then firebrands confounders of humane society fighters against God and his ordinance who instigate People to cut off themselves from the body of the Common wealth whereof they are members But would not his adversary tell him that he had granted as much in the words immediatly preceeding as would make him and his position both ridiculous For he hath granted That the Lord hath not by any precept particularly determined the bounds of every embodied Political society There being some greater and some lesser acting under their several heads and souveraigne Magistrates And seing neither God nor Nature hath determined the quantity and extent of each Republicki or embodyed Politick Society what more affinity hath it with sinful sedition to say that greater bodyes may be divided and subdivided into lesser Republicks then to say that moe lesser bodyes may associate together to make one greater especially seing Politicians tell us that the ends of government are more easily attained in a lesser Republick then in a greater and that a mid way commonwealth neither too larg● nor too little is the best as being lesse subject to vices and greater calamities as was to be seen in the Roman Republick before it was enlarged in the dayes of Marius Sylla Pompey and Caesar and is to be seen this day in the Commonwealth of Venice and the like as Althusius shewes us Polit. Cap. 9. num 11. The time was when all the World was under one head and after they were multiplied they became distinct Republicks without any sinful or seditious secession The time was when all thess westerne parts were under one Emperour and was nothing but a seditious secession caused by firebrands the ground of their becoming many and distinct Republicks The time was when Scotland England and Irland were distinct Kingdomes and under distinct Soveraigne Magistrates and what repugnancy were it either to the Law of God or nature to say they might be so againe So were there once Seven Kings in England at once and moe then one King in Scotland at once and by no reason can he prove that it should always be as it is at present but by the same reason his adversaries could prove him guilty of treason for he behoved to say that because we were once all under one Emperour we ought to be so still and that the King must either hold his crowne of the Emperour or be an usurper and a seditious rebel for in the course of providence we were then reduced under the same Lawes and Authorities and continued in the union of a common interest for some good space of time Yea and observe many of these civil Lawes yet Thus we see whither this advocate will drive the matter and how little service he doth his Majesty for all his rich recompence But it may be his arguments are cogent and binding He hath many words Pag. 4 5. to prove that this is contrary to Religion The sum is this Never greater perversion of government then in the times of many of the Prophets and in the dayes of Christ and his holy Apostles and primitive Christians and yet this was never their doctrine or sense Answ Is this all that he can say to prove that this is contrary to Religion Sure his adversary will think that he hath little Religion who sayth so and that he hath farlesse loyalty to his Master the King of Great Britane for why Because contrare to the doctrine of Christ and the Apostles and the sense of all the primitive Christians he acknowledgeth the King of Britane to be a distinct King from the Roman Emperour and not to depend upon him They never taught that Britane and Irland should be ruled by a King distinct from him and that these Islands should be separate from the Roman Empire and so the King holds his Crowne by usurpation and by an irreligious secession from the Empire which neither Christ nor his Apostles ever taught and must not this man and not we acknovvledge Iudas of Galilee and Theudas to be his Masters For they taught especially the first as Iosephus and Ruffinus out of him shevv us that no tribute should be given to the Roman Emperour and he vvil do the same and say that it should be payed to king Charles the II. Next his adversary vvould tell him that if this were held and maintained as a poynt absolutely necessary to salvation then his argument vvould say something But seing it is only held as lavvful and according as providence determineth it to be convenient or inconvenient to be practicable it is sufficient if the doctrine of the
all which he hath to this purpose For as touching his application of this pag. 9. and 10. all alleging that there is no perversion of the Ends of government now it hath been spoken to already and his adversaries in this position if there be any such which I am ignorant of will think and make out that the ends of government are so far perverted that if there were no other thing lying in the way of a secession then vvhat he hath said they vvould think it of concernment to minde this outgate vvhich they had no thoughts of before And the King should then think himself little obliged to this man and his defences and wish that he had been sleeping when he wakened such a debate and himself had bestowed his gold another way For sure if such a thing were upon the heart of people now as I hope am confident it is not they will professe themselves obliged to this Surveyer for putting it into their head first and that all which he hath said against it would rather invite and encourage them to it then discourage them from it May not then this Man be ashamed to take his Majesties Money and do so bad service for it as he hath done But Some will possibly say what could any persons have said more Well though some should think me officious to take his Majesties part and defend his cause un-hired yea and undesired yet I will propose one thing which I am confident shall be more effectual for preserving the immemorially setled frame of this Nation and the union of all his Majesties Dominions to all generations without dissipation or dissolution or any hazard or feare thereof Then what this Pamphleting Prelate hath said Or will say though he should write volumes at this rate What is that you will say It is no great secret yet if heartily followed it shall prove infallibly effectual Let his Majesty Turne to the Lord with all his heart and repent of his fearful perjury and defection and minde his oath made unto the great God and performe his vowes and fulfil his Covenant which he swore with hands lifted up to the most high God and solemnely promised to owne and prosecute as he should answere to God in that day when the secrets of all hearts shall be disclosed and execute judgment on the Apostate Prelates by hanging them up before the Sun that the fierce anger of the Lord evidenced by moe as twice three Yeers famine of the word may be removed and on all others who have been authors and abettors of this norrible course of defection and unparallelable apostasy which makes these lands an hissing and a by-word to all nations and let him honestly and with an upright heart prosecute the ends of these holy Covenants and with that Godly King Asa 2. Chron. 15. Enter into a Covenant that whosoever will not seek the Lord God of Israel shall be put to death whether small or great whether Man or woman And let his successours follow his footsteps in this and he and they shall finde no imaginable bond so sure to tye his Kingdomes together perpetually as an indissoluble Society then these holy Covenants particularly that solemne league and Covenant In which all his subjects in Scotland England and Ireland did sweare in a most solemne manner to maintaine and promove reformation of Religion in Worshipe Doctrine Discipline and Government and endeavour to bring the Churches of God in the Three Kingdomes to the nearest conjunction and uniformity in Religion Confession of faith Forme of Church government Directory for worshipe and Catechiseing c. that they and their posterity after them may as brethren live in faith and love and the Lord may delight to dwell in the midst of them and that the Lord may be one and his name one in the three Kingdomes and to endeavour the discovery of all such as have been or shall be incendiaries Malignants or evil instruments by hindering the Reformation of Religion divideing the King from his People or one of the Kingdomes from another or make any faction or partyes among the People contrary to this League and Covenant that they may be brought to publick tryal and receive condigne punishment And that they should each one of them according to their place and interest endeavour that the Kingdomes may remaine conjoyned in firme peace and union to all posterity And that they shall not suffer themselves directly nor indirectly by whatsoever combination perswasion or terror to be divided withdrawne from this belssed union and conjunction Now what bonde more strong to unite and keep together his Majestie 's Dominions can the wit of Man imagine And shall not the owneing and prosecuting of this Covenant Appear to all rational persons the most infallible meane to effectuate this indissoluble union and lasting Conjunction that can be invented CAP. XIX How weakly and foolishly the Surveyer defendeth his Majestie 's Life is shewed THe surveyer finding how poorly he had defended the cause now mainly controverted viz. The unlawfulnesse of Peoples defending themselves and maintaining their Religion against manifest and intolerable oppression Cap. 2. That he might do something for his money would start another question wherein he thought he should do his Majsome acceptable piece of servicé and secure his life when all came to all Though he could not cudgil with his railing for he can move none with his reason the People into a stupide and irrational subjection so that let the King rage worse then ever Nero did they should not lift a hand to resist and withstand him He thinks he shall do the next best viz. he shall fortify his Majestie 's person and set such a guard of impregnable reasons about him that no man no company of men yea no judicatoure shall ever approach to touch his sacred person or to spoile him of his life a guard of reasons like lyon rampants be-like he thought them more invincible and saife then a legion of the most valient Champions that his Majestie 's kingdomes can aford But poor man he may dreame that such armes are impenetrable and proof because they are the best in his armory or that his dull head could hammer out But no man of reason will think so yea all who know that belongeth to this controversy and are not professed adversaries yea and the most ingenuous of them too will upon second thoughts be forced to say That never any put pen to paper in the King's quarrel who hath so foolishly and childishly managed that disput and how little he deserveth thanks let be a reward for his paines such as are sober will judge when they consider how little ground he had to move such a question now seeing the wronging of the King's Person or his just authority was not intended by those worthies who arose for the maintenance of Religion as such of them who were publickly put to death did openly upon the scaffold confesse and avow and
when a beanch of judges in civil matters conspire together to oppresse by their unlavvful and unjust decreets palpably such and not our to all vvhen they are deposed and others put in their places the oppressed may get his cause righted and reparation of dammage of them Or vvhen a justice generall manifestly palpably murdereth the innocent he may be made to ansvvere before another put in his place if this may be done as I judge in poynt of conscience it may so may the other be done with Parliaments 3. If Parliaments conspire to overturne Religion Lavves Liberties and thus destroy the Republick I judge vvith L. R. Pag. 240. that the sounder part if they be able may resist and hinder so far as they can that destruction and ruine of the Republick Neither ever shall he prove that this is a ground for Eternal confusion O sayes he Any lesser part when they have or think they have will and s●rengh enough to through their businesse will undoubtedly call themselves the sounder part and labour to beare downe the corrupt plurality Answ This remedy to prevent destruction and ruine to the Common-wealth may be of the Lord though it should be abused by sinful men for the best thing may be abused And it is not the meane allowed by God and Nature which layeth a ground for eternal confusion but the abuse of the meane maintained whereof we are not guilty But we have had abundance of such rotten consequences from him who knoweth better what it is to deceive the simple with sophistications then to satisfy the judicious with solid reasons Then he addeth But the Christian Reader may easily see how hard this Author is put to it and for all his saying that according to God's Law Kings must be punished as well as others yet is he forced to acknowledg a Supremacy of power in some not punishable by any but by God Ans This is but what we heard just now and whether true or false it helpeth him nothing Have that Supremacy of power which is not punishable by any but by God who will if the King have it not the King's life is not secured And if he say if any have it the King must have it True if this rotten malignant and parasitical ignoramus can make no bad inferences but he hath already so often discovered vanity in this way of argueing that we cannot account him infallible And therefore let him prove his consequence for we know him better then to take any thing from him upon trust Well what way doth he clear this of Lex Rex For sayes he Pag. 389. when he hath given all power to the Parliament over the King he objecteth to himself who shall punish and coërce the Parliament in case of exorbitance He answeres posterior Parliaments and Pag. 211. he sayeth by the people and conscience of the people are they to be judged let all our Nobles and Parliaments hearken to this Answ In the first place cited Lex Rex is not speaking of Parliaments power over the King as this squint-eyed Surveyer thinketh but is handling that question whether or not Monarcy is the best of governments And is shevving in vvhat respects it is best and in vvhat respects it is vvorste and shevveth hovv a mixt Monarchy is best and then ansvvereth some objections And to that vvhich some might object That Parliaments might exceed their bounds and who should coërce them He ansvvered That posteriour Parliaments might do it and so there vvas a salvo in that mixture of governmemt 2. In the other place he is shevving vvhat relation the King hath to the Lavv and that he is not the sole Lavv maker nor sole supreme judge And ansvvereth that objection That the three Estates as men and looking to their owne ends not to Law and the publick good are not fundamentalls are to be judged by the King viz. That they are to be judged by the people and the conscience of the people Why calleth ●e the Nobles and Parliaments to hearken to this What abs●●dity inn reason is here Who ever head of this sayes he that one Parliament posteriour should punish the prior Their acts they may retract indeed but to punish them for their acts is most absurd because the prior Parliament in the capacity of that judicatory had as much povver as the posterior States men vvill vvonder at this doctrine that Members of a Parliament should be punished for their free votes by a succeeding Parliament and far more at the subjecting them to the conscience of the People Answ 1. It is no small punishment and cöercion to a Parliament to have all their designes consultations and conclusions overturned which may be done by posteriour Parliaments 2. If Parliaments by their free votes sell Religion and the Liberties of the land unto the Turk and so destroy the same and betray their Trust I see not vvhy they ought not be punished for their paines If they should enact and put to execution the act vvhen made That all vvho vvill not bovv and burn incense to an idol should be brunt quick I see not vvhy they may not by a posteriour Parliament be questioned and punished for that innocent blood vvhich they have shed 3. His reason to the contrary is not good for they never had povver or commission for overturning the ends of government and destroying the Commonvvealth if the Magistrates of a Brugh betray their trust dilapidate the rents and revenues of the city sell and dispone the rights and privileges thereof may not the succeeding Magistrates call them to an account for that notvvithstanding that in the capacity of that judicatory they had as much povver if any as the posteriour 4. Wonder at it vvho vvil that vvhich is right is right and it is consonant to equity that the consciences of the People be so far judges of vvhat is done by their Representatives as not to suffer them in their name and by any povver borrovved from them to destory the Commonwealth and to overturne the fundations of Religion and Liberty c. But then sayes he another objection he makes posteriour Parliaments and People both may erre He ansvveres All that is true God only must remede that What can he make of this Well then sayes he if Parliaments or People destroy or murther persons innocently God only must remeed that there is no povver on Earth to call them to an account Who sees not that at length the author is driven to acknowledge a power which if it deviate cannot be judged by any on earth Answ Lex Rex is not there speaking of particular acts of injustice Or iniquity but of the whole ends of government And so if Parliaments and People concurre and joyne together to overturne all the world sees that there is no remedy on Earth Neither needed he to say that he was driven to this seing it was so obvious to all who have eyes in their head Though God hath appoynted
Magistrate from violence and opposition when he keepeth within his sphaere and doth his duty 4. If the matter passe from resistence to revenge we approve it not if the pride and haughtinesse of the spirit of Princes be the cause of this let them see to it and labour to prevent it by condescending to the just equitable demands of their oppressed and grieved subjects 5. We do not deny but God may stir up an Absolome and other conspirators against a Gracious David for his owne holy ends But in ordinary providence it is to be seen that good Princes while alive and when dead have had more respect of their Subjects then others who have been most flagitious and wicked The books of the Kings Chronicles demonstrate this That good Kings have been much honoured and reverenced while living and much lamented when dead and upon the contrare vvicked King 's have either been cut off or when dead have not been desired nor burned with the burnings of their fathers nor buryed in the sepulchre of their fathers whatever forced submission outward respect they might have had while living 6. As for the difference that God in his providence hath put betwixt Heathenish and Christian Kinges see what Evagrius sayeth Eccles histor cap. 41. speaking against Zosimus he hath these words worth the marking Let us see if thow will how the Emperours which were Hethnickes and Panimes maintainers of Idolatry and paganisme and how on the contrary such as cleaved unto the Christian faith ended their reigne was not Cajus Julius Caesar the first Emperous slaine by a conspiracy did not certane souldiers with naked swords dispatch Cajus the nephew of Tiberius was not Nero murdered by one of his familiar and dear friends Had not Galba the like end Otho Vitellus who all three reigned only Sixteen moneths what shall I speak of Titus whom Domitianus poisoned although he was his owne brother what sayest thow of Commodus what shall I say of Marcinus did not the souldiers use him like a captive about Byzantium and cruelly put him to death what shall I say of Maximinus whom his owne army dispatched were not Gallus and Volusianus murdered by their owne army had not Aemilianus the like miserable end But since Constantine began to reigne-was there any one Emperour in that city Julian a man of thine own Religion-only excepted that was murthered by his owne subjects It were an endlesse work to run thorow histories and show how for the most part contrare to what he sayes these Kings who have been resisted by their Subjects whether in the time of Heathenisme or since Christianity was professed have been most flagitious and wicked Sure if we should goe no further but to our owne history we shall finde this put beyond all question the Surveyer himself being witnesse who sayes Pag. 78. that the instances of opposition made unto the Scotish Kings adduced by the Apolog. were but the insurrection of Nobles against the Kings and violent oppressions of such of them as have been flagitious and tyrannous And thus he contradicteth what he just now said But to what purpose is all this stir He sayes but can he prove that we assert That any party of the people when strong enough may get up against the King and all Magistrates when they judge that they deal wrongously and injuriously with them Sure the thing which we affirme is far contrary to this as hath been often times shewed We know that the evil wit of a seditious party can soon paint the Best King as a black and ugly Tyrant and vve know also that the evil wit of a hired court-parasite and bese flatterer can paint out the blackest Nero or Caligula or a Heliogabalus as a brave and virtuous prince And this is nothing to our case when the acts of Tyranny and oppression are as legible as if written with the sun-beames It behoved to be strange virmilion that would serve to make the apostasy perjury oppression and tyranny of the novv Prince and Rulers appear vvhit and comely and he needs no great vvit vvho vvould painte out these grosse acts under the forme of ugly Tyranny Yet vvith all vve shall vvillingly grant to him that All the fearers of God should rather indure some acts of real tyranny then by doctrine or practices of resistence open a door to the destruction of good Kings by a party not of their spirit but lurking under their pretences and to the continual dissolution concussion and desolation of humane societies for this is not the thing vve are against Some acts of Tyranny vve are vvilling to endure provideing he vvill grant us liberty both to teach practise resistence vvhen the acts of tyranny are not one or two but many nor acts of Tyranny in smaller and lesse considerable matters but such as tend to the destruction of the true Libertyes of the Subject to the overturning of a Covenanted vvork of Reformation svvorne-to by all rankes and degrees of people hovvbeit men of corrupt principles and of another spirit should lurk under these pretences Is it not reasonable that vve also demand of this Surveyer vvhile he is in a good mood That he vvould evidence so much fear of God as not to condemne resistence unto real tyranny so as to open a gap to all the ingrained bloody Ner●es and such prodigious Canibales to vvaste destroy at pleasure the best of Subjects What follovveth concerning obedience active and Subjection passive hath been spoken to formerly and it is needlesse fill up pages vvith repetitions as he doth only vvhereas he citeth Apolog. Pag. 376 377. granting that subjection is necessary and supposeth that this is repugnant to vvhat Naphtali sayeth He vvould knovv that he is in a great mistake for the question there is concerning obedience in things indifferent or of submitting to the penalty and that by a few privat persones and though in this case a single person who will not obey the Magistrate in these matters must yeeld the penalty and so acknowledge his subjection it will not follow that a multitude or a Community forced under intolerable penaltyes to acts of impiety and hainous transgression and who can defend their rights and just privileges palpably and iniquously violated may not repel such unjust force with force resist intolerable tyranny abusing the ordinance of God to all acts of wickednesse and to the overturning destroying the very ends of government And to this Naphtaly speaketh Pag. 28. So that he but gives vent to his profane Spirit to cry out as he doth Pag. 46. and say Good God! to what times are we reserved to see so certane truths that may be reckoned among the immoveables of Religion and the ancient land marks removed by an upstart furious Crue who by their new principles as false as new seek to confound both Church and State The lawfulnesse of privat men's counter acting and violent resistence to a whole Church a whole