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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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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
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.
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
not avovvedly exercised that cuivis licet supplicare protestari yet the late Parliament concluded contrary to the lavv of nature and nations That petitions vvere seditious and treasonable So that hovv arbitrarily soever King or Parliament yea or Council or any deputed by them did rage or should opprresse injure the Subjects vvhether in conscience body or goods there vvas no remedy nor hope of redresse no petition or supplication how humble soever might be once presented by the grieved subjects yea nor durst they meet together to poure out their complaint unto the God of heaven the hearer of prayers the righteous judge of heaven earth What height of opprression tyranny this is Let all the vvorld judge Twelvethly It is uncertaine yea much doubted if Sr. Iames Turner that singular instrument of barbarous cruelty had any commission form King or Council impovvering him to such illegal exorbitancies whatever he might have had under hand from some Members of Council vvho had most sold themselves to cruelty and to the utter extirpation of all who would not run vvith them to the same excesse of riot sure if any such thing be the records vvill manifest it but since they cashired him and some of his associats and made an offer of causeing him ansvvere for vvhat he had done it is very probable he had no formal commission for vvhat he did and yet since he and others are permitted to live after such crueltyes barbarities and un heard of vvickednesses and no reparation made to the persones injured it is certane he is but too vvell approved in all he did and of vvhat use this shall be vvill appeare afterward Thirteenthly The intent and designe of those poor people who rose in armes was not to dethrone the King to enjure him or to lessen his just and legal authoritie but to resist repel and defend themselves from unjust violence and oppression and to seek reparations of the wrongs done them and the removal of that detestable and abjured Hierarchy the establishing and upholding of which as it was is a great provocation of the anger of God against the land so it was the fountaine and rise of all these horrid oppressions which they suffered and of the making of such grievous statutes and establishing iniquitie into a law and was to be a lasting cause and occasion of violent unjust and illegal oppressions and intolerabel vexations to all the faithful of the land and withal to have security for their lives lands libertyes consciences and Religion conforme to the agreement made with his Majesty and the National Covenant and the Solemne league and covenant which he solemnely swore once and againe and vowed and promised to defend and prosecute in all their ends and that for this end all such lawes made for prelacy and against the work of God and the reformation which through Gods blessing we had attained to might be repealed annulled and rescinded This and nothing else could be the intent and designe of these valient though naked worthyes That they intended no harme to the King or to his just lawful government authority is notoure by the last speaches testimonies of such as were apprehended publickly executed the petition Which they sent in to the Council with William Lauwry Tutor of Blakewood doth aboundantly testify that they would have had the free exerciso of their covenanted Religion freedom from the domeneering tyranny of Prelats their adherents their renewing of the League Covenant doth sufficiently cleare that they intended no insurrection or rebellion against the Kings just and lawful authority for they swore to defend the Kings Majestyes person and authority in the preservation and defence of the True Religion and libertyes of the Kingdoms From these considerations we shall now lay downe the true state of the question thus Whether or not when the whole body of a land Magistrats higher and lower People are engaged by solemne vowes made to the most high God joyntly severally to promove a reformation and to extirpat Prelats the same covenanted work is becom a chief corne stone of the constitution of the Kingdom and one of the mane conditions on which the King is installed on his throne and when these same Magistrats Supreme and inferiour renunce their covenant with God and with the People overturne the work of reformation formerly sworne to make lawes and statutes to fortify this defection to compel all their subjects to run to the same excesse of perjury and wickednesse and execute these lawes upon the faithful stedfastly loyal subjects not in a civil orderly manner but most imperiously and tyrannically with meer force cruelty and the edge of the sword of souldiers leavied of purpose for this very end to crush and oppresse all such as made any conscience of their vowes and engagements unto God and when these barbarous souldiers exceed their commission or oppresse plunder harash spoile rob and pillage the people and lay waste the land without law or expresse order from King or Parliament yea contraire to the expresse letter of the law and when the oppressed have not so much as liberty to supplicate or petition for help or releefe may privat persons without the conduct of a Parliament stand to their owne defence against unjust illegal oppression and tyranny and oppose such as without expresse commission endeavour their utter ruine and destruction though pretending warrant from the superiour Magstrats and allowed of them and seek a redresse of these grievous intolerable injuries and liberty for the free exercise of the covenanted reformed religion with the extirpation of abjured Prelats the spring and fountane of all these miseries already come and to be feared while in the mean time they intend no harme to the supream Magistrat's person or just authority but sweare to mantaine the same in the defence of the true religion and liberties of the Kingdome Or a if you will have it shorter Whether or not when King and Parliament and Council have abjured a covenant overturned a reformation which they solemnely swore to defend in their places capacities and made their subjects do the same and now with illegal force compel the subjects to the like perjury and wickednesse may these privat subjects when there is no hope or possibility otherwise of releefe stand to their owne defence and withstand the mercylesse cruelty of their bloody Emissaries acting without their commission or with their allowance yet contrare to expresse law and seek releef and security for Religion lives lands and liberties having no intention to wronge the King's person or just government That this is the true state of the question is abundantly cleare from the particulars forementioned and I think no Scottish man who knew the then state of affaires and hath not renunced common sense and resolved to beleeve nothing though he should both heare it see it and feele it and it were as
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
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
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
consonant to the word of God and publickly received with all solemnities imaginable notwithstanding of acts and lawes made to the contrary and no true Christian will say That subjects should imbrace any Religion which Magistrates will countenance and prescribe be what it will or upon that account 2. As they were thereby declareing their soul abhorrence of these corruptions which were countenanced and authorized by sinful acts and statutes so they were defending to the utmost of their power the reformed Religion according to their Covenant and vow to God And that such a defence as this is lawful we have shewed 3. They were defending themselves against intolerable and manifestly unjust violence offered because of their adhereing to the cause of God and to the reformed Religion which King Parliament and all rankes of People in the land were solemnely sworne to owne and avow all the dayes of their lives really sincerely and constantly as they should answere to God in the great day no lesse then they 4. They were mindeing their Oath and Covenant made with God with hands lifted up with solemne attestations and protestations the Covenants which they did make and renew in the presence of Almighty God the Searcher of all hearts with a true intention to performe the same 5. They were endeavouring in their places and stations according to the latitude allowed in times of such necessitie and in matters of such weight and moment to have the Church and Kingdome purged of these abhominable and crying corruptions and grievous abhominations which provoke the Lord to wrath against the whole Church and Kingdome 6. They were defending the maine fundamental law and constitution of the Kingdome and that maine article of Agreement and Compact betwixt Soveraigne and Subject which all the members of the Nation were no Lesse bound unto then they 7. They were joyning together as detasteing that detestable indifferency and neutrality abjured to defend and assist one another in the same cause of maintaining their reformed Religion with their best counsel bodyes meanes and whole power against the old inveterate and Common enemie that malignant spirit and rage according to their Covenants 8. They were repenting of their National sin in complying by their sinful silence not giving open faithful and faire testimony when the Truth of God was openly and violently trode under foot with that dreadful course of backslideing which was violently carryed on They were calling for justice and valiently pleading for truth sinfully and tyrannically borne downe and oppressed They were with zeal and courage valiently interposeing labouring to put a stop to the begun and far-carryed-on defection when truth was failing and he who depairted from evil made himself a prey that God might pardon and look in mercy on the land They were endeavouring to stand in the gape and make up the hedge and pleading with their Mother Church or a malignant faction in her shamefully departing from God when there was no other way or meane to be followed or essaved When all these things are duely considered and laid together It will appeare to impartial and unbyassed persones That the late act which is so much condemned and cryed our against is not so hainous and unpardonable a crime as this Surveyer and his wicked party vvould give it out to be but vvas a noble and laudable interprize for the glory of God the good of Religion Church and Kingdome beside that it vvas a most necessary and unavoydable act of self defence Since the Scriptures formerly cited vvill allovv more unto private persons then vvhat this Surveyer restricketh them unto as vve have shevved in a time of defection Then vvhen there vvas no other vvay left to do these dutyes there required and vvhen vvith all several other things did call aloud to a mutual conjunction in armes for defence of one another and repelling of unjust violence and prosecuteing the holy and necessary ends of the Covenants vvhich they svvore no man in reason can suppose that such a vvork is repugnant to Scripture or right reason but rather most consonant to both And though many do and will condemne the same even as to this interprize of Reformation upon what grounds and motives themselves best know yet Our worthy and Noble Reformer famous Mr Knox if he were living this day would be far from speaking after the language of such For he in his appellation Pag. 22. c. hath these words The second is that the punishing of such crimes as are idolatry blasphemy others that touch the Majesty of God doth not Appertaine to the Kings and chief rulers only but also to the whole body of the People and to every member of the same according to the vocation of every man and according to that possibility and occasion which God doth minister to revenge the injury done against his glory when that impiety is manifestly knowne And that doth Moses plainly speak Deut. 13 v. 12 13 14 15 16. in these words if in any of the cities c. plaine it is that Moses speaketh not nor giveth charge to Kings Rulers and judges only but he commandeth the whole body of the People yea and every member of the same according to their possibility And who dar be so impudent as to deny this to be most reasonable and just for seing that God had delivered the whole body from bondage and to the whole multitude had given his law and to the twelve Tribes had he so distributed the inheritance of the land of Canaan that no family could complaine that it was neglected was not the People and every member addebted to acknowledge and confesse the benefites of God Yea had it not been the part of every man to have studyed to have keeped the possession which he had received Which thing God did plainly pronounce they should not do except that in their hearts they did sanctify the Lord God that they embraced and inviolably keeped his Religion established and finally except they did put away iniquity from amongst them declareing themselves earnest Enemies to these abhominations which God declared himself so vehemently to hate that first he commanded the whole inhabitants of that Countrey to be destroyed and all monuments of their idolatry to be broken downe But in such cases Gods will is that all creatures stoup cover their faces and desist from reasoning when commandement is given to execute his judgement Albeit I could adduce diverse causes of such severity yet will I search none other then the holy ghost hath assigned first that all Israel hearing of the judgement should feare to commit the like abhomination and secondly That the Lord might turne from the fury of his anger might be moved towards the People with inward affection be mercyful unto them multiply them according to his oath made unto their Fathers Which reasons as they are sufficient in God's children to correct the murmuring of grudging flesh so ought they to provoke every man as before
murther or to consent thereunto to bear hatred or to let innocent blood be shed if we may withstand it c. Citeing in the Margine Ezech. 22 1 2 3 4. c. where the bloody City is to be judged because she relieved not the oppressed out of the hand of bloody Princes v. 6. And to what Ambrose sayeth de office Lib. 1. c. 36. saying qui non repellit a socio injuriam si potest tam est in vitio quam ille qui facit i. e. he who doth not repel an injury from his brother when he may isas guilty as he who doth the injury And this he cleareth by Moses his deed defending the Hebrew against the Egyptian CAP XI Of our qualified alledgiance to the King Our Arguments hence THe author of Naphtaly Pag. 177 said That all powers are subordinate to the Most high and appoynted and limited by his holy will and commandement for his owne glory and the Peoples good and our allegiance was and standeth perpetually and expresly thus qualified viz. in defence of Religion and Liberty according to our first and second Covenants all allegiance obedience to any created power whatsoever though in the construction of charity apparently indefinite yet in its owne nature is indispensably thus restricted By which words any who will duely consider the scope which that author doth drive at will see That his meaning was That as obedience and allaigeance is to be given to Magistrates only in the Lord So the same ought to be promised with this qualification or limitation so far as it is not contrary to Religion and Liberty of the Subject thus we all swore to defend his Majesties person and authority in the preservation and defence of the true Religion and Libertyes of the Kingdomes and it is plaine to all who will not shut their eyes that the foresaid author putteth no corrupt glosse upon that necessary clause and qualification for while he is dissuadeing from taking of that bond which was urged upon the People of Edinburgh he useth the words cited furder addeth To renew the same or take any the like oath of allegiance purely and simply purposely omitting the former and due restriction especially when the powers are in most manifest notorious rebellion against the Lord opposition to his cause and Covenant is in effect equivalent to an expresse rejecting and disowning of the same limitation and of the Soveraigne prerogative of the Great God and King over all which is thereby reserved as much as in plaine tearmes to affirme That whatever abused authority shall command or do either as to the overturning of the work of God subverting of Religion destroying of Rights and Libertyes or persecuting of all the faithful to the utmost extremity we shall not only stupidly endure it but activly concurre with and assist in all this tyranny What could have been spoken either more full or plaine both for explicating the genuine import of that restriction or qualification or the authors Orthodox sense thereof Yet behold how this wrangling pamphleter because he can get nothing to say against the truth asserted must wrest words and sense and all that he may have something to say against the straw-adversary of his owne setting up Therefore he tells us Pag. 6. Can this assertion subsist that neither alledgiance or fidelity nor obedience is to be given to any created power but in defence of Religion and Liberty As if Naphtaly had meaned That no alledgiance fidelity or obedience was due or to be given to the created powers but when and in so far as they did actually owne and contribute their utmost for the promoving or establishing of Religion and the Liberties of the People Whileas his meaning is clearly seen to have been this That as all powers are subordinate unto God the great King over all So all alledgiance fidelity or obedience is to be promised and given unto them with a reserve of the allegiance fidelity and obedience due to God the Highest of all and that man's interest is not to be preferred unto God's but alwayes acknowledged in subordination thereunto So that when earthly powers are stated Enemies to Christ and his interest no absolute allegiance fidelity or obedience is to be promised But alwayes with this restriction or limitation Neither are the Subjects bound to concurre or assist them while in such a stated course of opposition to the King of King's and while actively endeavouring to destroy his great interest in the world But what sayes our Surveyer furder That obedience is not to be given unto any creature on earth against Religion or the revealed will of God shall be easily granted we ahhore the very thought of so doing Ans Though he abhore the very thought of so doing yet many will say that he hath not abhorred to do it It is against God's expresse and revealed will to commit perjury and renunce a Covenant sworne with hands lifted up to the most high God and yet he knowes who is guilty of this maketh the will of a creature the Law of the Conscience when the appendix is a full belly Againe sayes he it shall not be said that obedience is to be given to powers against the liberty competent to us as subjects and consistent with Soveraignity yet so that the measure of that liberty must not be made by every man's private will but by the declarature of the Parliament representative of the Subjects which best knowes what thereunto belongs Answ This royal liberal man would seem to yeeld something in favours of the liberty of the People but with his annexed clause and restrictions he takes all back again For 1. sayes he it must be consistent with Soveraignity and how wide a mouth this Soveraignity hath in his and his complices estimation many know and we have seem in part even so wide as that is shall swallow up all the Peoples liberties like one of Pharaohs leane kine that eates up the fat and yet is never the fatter Then 2. it must be determined by the Representatives as if the Representatives were not ex officio bound and obliged to maintaine the Liberties of the People which belong to the People ere the Representatives have a being and as if it were in the power of the Representatives to sell and betray the Libertyes of the People or as if no more were competent to the Subjects de jure then what they will Hath a man no more right to his lands aud heritages then what his advocate who betrayeth his trust for a larger summe of money alloweth him or declareth We know Parliaments can basely betray their trust and sell away the Libertyes of a People contrare to their vow and oath to God and their obligation to the People whose trustees they should be and shall People have no more liberty competent to them then what a perfidious company conspired against the good of the Commonwealth to pleasure a sinful Creature determineth
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
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
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.