vve fee that if he loose the old fundations he shakes the throne more then he is a vvarre of And as in many other things through this pamphlet so in this he doth his Master no good service notvvithstanding of the great fee he hath gote for his paines The summe of what followeth Pag. 92 93. is this That none before King James 6. did at their installing enter into Covenant with the People except what one sayeth of Gregory the great who swore to defend the libertyes of the Christian Religion c. which then was Popery and neither did King James himself do it but only Morton and Hume in his name promised somehing like it nay it is doubted if King Charles the first did sweare that oath of if he did he was the first and yet he was aught yeers our King before and it is to be beleeved on good ground that if he had thought his taking of that oath should have subjected him to the coactive and punitive power of the Subjects in every case wherein they or any party of them being meer private persons might think him deficient he would rather have endured any death but it shall be avowed that he did never shrink from the observation of that Godly oath neither hath his Majesty who now reigneth swerved from the observation of that oath hitherto and we are hopeful God's grace shall preserve him hereafter from any such thing Answ 1. We cannot expect that Buchanan studying much brevity would set downe all the formalityes that were used at the coronation of the Kings he only satisfying himself with a series of the succeeding Kings and with a relation of some of the most remarkable passages And therefore it is no good argument to conclude that no such thing was because he doth not make mention thereof 2. other historians name some other Kings beside that Gregory who tooke an oath at their coronation as Corbred the 21. King who swore se majorum consiliis acquieturum That he should be ruled by the counsel of a Parliament whom he accounted his Superiours So in Macbethus his dayes it vvas ordained by the Estates that the King should sweare to maintaine the community of the Realme 3. Whether they did actually sweare an oath at their coronation or not it is not much to the matter for a virtual and implicite Covenant will ground all which we desire and that there was this much cannot be denyed seing Kings who could not reigne was layd aside others who corrupted government were pursued sentenced punished imprisoned and killed in battle or otherwise made to promise amendment And seing we finde bonds laid upon Kings as that in the dayes of Finnanus the 10. King That Kings thereafter should do nothing of any great concernment without the authority of their publick Councel and should not rule the Kingdome according to the Counsel of his Domesticks That he should manage no publick businesse which belonged to the King without the advice and conduct of the Fathers and should neither make peace or war enter into Leagues or break Leagues by himself without the concurrence and command of the Fathers Heads of tribes This was a fundamental Law of the Kingdome and all who accepted of the crowne thereafter must have accepted it upon these tearmes though they had not been in plaine tearmes expressed So Durstus his Successour did sweare the same and therefore in Mogaldus the 23. King his dayes this is called the ancient custome for he ad consilia Seniorum omnia ex prisco more revocavit did all by a Parliament according to the ancient and received custome And because Conarus the 24. King neglected or refused to follow this received custome he was cast into prisone So that the not observing of these conditions made them obnoxius unto the coactive power of the People So was Romachus censured by the Parliament for the same crime So we read of many others censured for their misdemanurs as Constantine the 43. King Ferchardus the first the 52. King Ferchardus the 2. the 54. King Eugenius the 62. King Donaldus the 70. King all which instances many such like do abundantly cleare that the Kings of old were under bonds and obligations if not explicite yet tacite unto the People 4. Whatever can be said concerning the ancient Kings yet now it is past doubt that all our Kings are bound to sweare an oath at their coronation and so are under conditions and Covenant-tyes and obligations and this is enough for our present purpose 5. It was thought suffificient in point of formality legality that the Earle of Mortoun and Hume should sweare in name of the King at this coronation That he should observe the Lawes and according to his power should preserve the doctrine and rites of Religion which were then taught and publickly received and oppose himself to all which was repugnant thereunto And this was the very summe of that oath which was afterward concluded in Parliament to be received by all Kings at their coronation And the reason why they did not put King Iames to that oath thereafter was because he was but once crowned and the oath was to be sworne at the coronation and when King Iames was crowned It was done by others for him as is said 6. Though this man make a question whether King Charles did swear this oath or not at his coronation yet it is notoure that he did and though he beleevetâ— that if the King had thought that his taking of that oath should have been so far mistaken by his Subjects as that he should have been thought thereby to have submitted himself to their coactive and punitive power in every case wherein they or any part of them might think him deficient he would rather have endured any death then so to have cast himself away at the pleasure of malcontented partyes amongst the People taking advantage against him by that oath all which we may give him good leave to beleeve for we assert no such thing yet he must suffer us to beleeve also upon as good ground That if King Charles had absolutely or peremptoriely refused to have taken that oath or had said That he would rule as he listed and have no regaird to the established lawes and whould bring in what Religion he pleased though it were Machometanisme or Poperie or that he did not account himself obliged to the Subjects by any oath he could take The Nobles and others would have scrupled to have given him the Crowne and acknowledged him King And their after practices declared that they looked upon him as a King obliged by tearmes and conditions unto them which when he broke they maintained their right against him with their sword when no other meane could prevaile 7. Though it be true that King Charles the first was acknowledged King sometime before he was crowned yet that was with respect to the same conditions unto which he was by his taking the place virtually obliged
Survey of that book entituled Naphtali and of several doctrines in Lex Rex and the Apolog which had been at rest for some considerable time especially Lex Rex after they had been burnt into ashes as being judged no otherwayes answerable but by a fiery faggot till this Man began to rake in the ashes of these dead Martyres and finde some bones of doctrines yet unburnt which he thinketh now to honour with a more solemne burial But with what evidence and demonstration of truth he hath managed the questions handled in this first part thou mayest judge by what is here replyed in vindication of that solemne truth which he endeavoureth according to his poor strength to dethrone and tread under foot Though we have not followed the Surveyers Methode disireing to be as succinct as might be and to cleare that maine question controverted touching the lawfulnesse of privat persons defending themselves and their Covenanted Religion from the manifest violence tyranny and intolerable oppression of the Soveraigne and inferiour Magistrats to the edification of all yet we have not dealt with him as he hath done even with Naphtali the book which mainly he setteth himself against For he is so far from answereing that book of which he offereth a survey that the most part of the grounds and arguments made use of there to prove the thing intended are not so much as touched by him in all this voluminous pamphlet But we have fully examined and answered all which he hath asserted leaving not one material sentence which was to the purpose in his whole book untouched The judicious Reader will finde this true upon search And no man will think we were called to answere the same thing oftener then once though he was pleased to fill up many pages with meer repetitions The methode we have followed all who know what it is to cleare controversies vvill acknowledge to be the most solide satisfying succinct and perspicuous and such against which no man can justly except We suppose also That we have been as plaine and cleare as the nature of this controversy vvould suffer us and some possibly vvill think VVe have been too too plaine but they knovv vvhom to blame for giving us this occasion for vve made it our designe to bring this question vvhich did concerne common people no lesse then the learned seing it was a matter of life and death unto them no less then unto others home so far as was possible to the capacity of the meanest that they might know and be distinct in the knowledge and perswaded of the lawfulnesse of the grounds of their acting in such a vindication of their Religion and libertyes The truth we have confirmed by many arguments reduceing them to their several heads the better to cleare and confirme the matter and to settle the judgments of all in the apprehension of the Truth and all of them we have so framed that every one of the lowest reach may see how they plainely and peremptorily force home the poynt cotroverted with a demonstrative perspicuity and irrefragable strength So that whosoever shall undertake to draw this saw againe must not think to leave any one of all the arguments which are here adduced if he reckon aright he will finde moe then a hundereth which I shall make good if put to it un-examined for if any one hold And I am not afrayed that many of them shall be found feeble the cause vvhich vve contend for is uncontrovertably yeelded seing one reason which is unanswerable is enough to captivate the judgment unto an assent unto the truth one argument deserted of the adversary declareth his cause desperate We have also dealt faithfully and ingenuously touching on every thing vvhich vvas offered to us and vvich vve thought might conduce unto the clearing of this contraversy because we finde some thing belonging unto this question said by the author of the Second part of the Survey vvhich is now come to hand in the last chapter Pag. 263. c We shall a little touch upon that here reserving the examination of the rest of this 2. Part until a fitter opportunity when if the Lord will we shall discover the weaknesse of all his reasonings and vindicate the truths vvhich he setteth himself against vvith as much clearnesse and succinctnesse as may be He cometh in the place now named to consider the defence made by the impanelled unto what was objected or what further defence Naphtali whom after the old manner he stileth the Lybeller makes for them And 1. He tells us They were posed where they had learned that under pretence of Religion it is lawful for Subjests to rise in Rebellion against lawful authority And then addeth That to this Queree this advocate declines to give a direct answere where such a thing is read or could be instructed Answ Who doth not see That this was a Queree utterly unbecomeing such as pretended to occupy the places of lawfull judges in such matters to propose to persones Empanelled upon their life it being nothing but a meer caption like unto that which is called Multiplex interrogation unto which both the impanelled and this Advocat as he calleth him might lawfully have declined to give a direct answere Because it supposed 1. That their riseing was against lawful authority Whereas it was rather a riseing for lawful authority while against persons abuseing their authority and not walking in the right line of subordination unto the Supream Magistrate and Governour of Heaven and Earth but rebelling against him in makeing lawes contrary to his lawes and executing them contrary to his will and command 2. That their riseing was in rebellion while as it was rather in loyalty to God and the Countrey against such as had erected a Standart of rebellion against the High and mighty Prince Jesus Christ our Lord and Supream Governour and were destroying his interests And in loyalty to that Supreme law The saifty of the People defending themselves against manifest and intolerable tyranny 3. That it was in pretence of Religion when as it was really and unquestionably for the re-establishing of our religion reformed in doctrine worshipe discipline government confirmed ratifyed and approved by Solemne Covenants Subscriptions vowes oathes engadgments declarations professions publick actings acts and Statutes of King Nobles persons of all ranks Parliaments and judicatories Higher Lovver Whereas the true Queree was this Where they had learned to rise in their owne defence and in the defence and maintainance of the true reformed Religion against Such in power who were tyrannically oppressing them and destroying the Established Religion contrare to Vowes Covenants Promises Compacts Declarations Protestations Solomne Engagements Subscriptions c. And if the Queree had been thus proposed it might have received a direct answere To wit That they had learned this from the law of God the lavv of Nature the civil lavv the lavv of Nations Sound reason and the practices of Christians both under the
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
of their accounts should imbrace professe and practise the truth of God and the true Religion reformed in doctrine vvorshipe discipline and government Though King Parliament and Council should reject and condemne the same and countenance or command and authorize the practice of idolatry superstition or any false way in the vvorshipe of God or in the doctrine and discipline For no lavv of man can vvarrand iniquity no act or constitution of any Magistrat under Heaven can rescinde or invalidate the mandats of the King of Kings or exempt People from obedience due thereunto No true Christian whatever court flatterers atheists may do can deny this 7. Nor can it be denyed That in Kingdomes or Commonvvealths vvhere once the True Religion reformed in doctrine vvorshipe discipline and government hath been received publickly imbraced approved and countenanced by authority ratified by lavves statutes acts declarations proclamations oathes vovves and engagements Though the Magistrates Superiour and inferiour should turne Apostates from that Reformed and received Religion and by their lavves condemne the same and establish corruptions and enforce corrupt practices by penaltyes yet it vvere the duty of all Subjects vvho had any regaird to the matters of their ovvne salvation to adhere to the truth once received and established and vvorshipe and Serve God after the right manner and refuse to obey these iniquous lavves Will any deny such a truth as this except such as have sold soull consciences and all unto the lust of Men or think there is no Religion but vvhat King and Parliament vvill have and consequently if they should enjoyne the imbraceing of Mahomet's Religion or the vvorshiping of Sun Moon and Starrs or of Satan himself obedience must be yeelded 8. If in the forementioned case The Magistrates Superiour and inferiour should combine together and conspire against Christ and his interest and should not only by their acts and statutes banish him and his glorious interests out of the Kingdome but also by their cruel executions labour to force constraine and compel all their subjects or a part of them to the renunceing of the formerly received and avowed truthes and to the imbraceing of the introduced corruptions and so to run with themselves unto the same excesse of iniquity perjury and abhomination Then it is lawful for these Subjects so oppressed persecuted and abused for their constancy in adhereing to the truths once received contrare to all engagements vowes and Covenants to defend themselves against that unjust tyranny and rage and maintaine the reformed truth which is unjustly violently taken from them by force when there is no other probable meane left for them to essay nay when liberty to supplicate or petition is inhumanely and severely under the very paine of Treason discharged The reasons are 1. because we have shewed above that it is most lawful for Subjects to maintaine their lives persons and Estates against the unjust violence and tyrannical oppression of their enraged Magistrates And if that be lawful this must also be much more lawful for as the soul is much more precious then the body so matters that concerne the soul should be preferred to such things as concerne the body And therefore Religion which is necessary for the life of the soull should be with no lesse Zeale care and industry maintained and preserved pure and uncorrupted then what concerneth the lives of our bodyes 2. It is lawful for Subjects to maintaine their natural and civil libertyes by force when no other way can be used lest they and their posterity after them should be redacted unto a state of perfect slavery and bondage worse then that of the Israilites in Egypt And shall it be unlawfull to fight for the defence of Religion wherein is comprised all true and desireable liberty and to save posterity from tyranny and bondage in their souls and consciences much more dreadfull and terrible then the most insupportable and bitter bondage of the body imaginable Shall men be allowed to fight to preserve their owne bodyes and the bodyes of their posterity from the slavery of men and shall they not be allowed to fight that they may preserve their owne soulls and the souls of their posterity from the tyranny of Satan Who but such as either think they have no soulls more then beasts or know not the worth of their souls will deny this consequence 3. It is lawful for Subjects to defend their lives and libertyes in order to the defence of the true Religion and the interests of Jesus Christs when their losseing of these should certanely tend to the losse of Religion Ergo It cannot be unlawful to defend Religion which is the maine and principal thing 4. If it be lawful to maintaine the interests of a King against an usurper whether a stranger or an inferiour Magistrate who is under the King and is seeking to eject him and his interest contrare to his faith and trust Then much more must it be lawful to defend Christ Iesus and his interest when King and Parliament contrare to their sworne allaigance unto him have rebelled and are seeking to dethrone him by their wicked Lawes and Ordinances and to banish him and his interests out of the Kingdome by their tyrannical cruelty inhumane and mercilesse executions Will any deny this but ingrained Atheistical Malignants whose chief character hitherto hath been to preferre man's interest unto Christs Or such as have renounced all faith and loyalty unto the King of Kings and have set up a creature as their only God whom they minde to Worshipe and adore and for whom they minde to fight against all breathing and against the God of heaven also But their weapons shall fall out of their hands when They shall feel the lighting downe of his arme with the indignation of his anger and with the flame of a devouring fire and with scattering and tempests and hailstones and when he shall cause his glorious voyce to be heard If any should Object That because Christ's Kingdome is not of this World therefore his Servants should not fight for him It is easily answered That as hence it will follow that Religion cannot be forced by the sword upon any So it will not follow that Religion should not be defended for then Magistrates should not defend Religion nor Christians should not defend their Religion against the Turks Which is false And hence 5. If it be lawful for People to defend their Religion against an army of infidells Mahometans or Papists invadeing the Land of purpose to spoile us of our Religion and to force us to imbrace heathenisme Turcisme or Popery Then it must be lawfull to defend the same true Religion against King and Parliament when they seek to rob the People thereof and force corruptious upon them because King and Parliament have no more authority from God to oppresse the consciences of their Subjects to corrupt Religion and force corruptions upon them then the Turk or the Pope hath and
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
the oppressed truth and cause of God and valiently seek and plead for the truth and with their Mother the Church when all is corrupted left a bill of divorce be given her And this is something more then our Surveyer will allow And vvhat way this shall help us vve shall see aftervvard Novv vve must examine What the Surveyer sayeth He Pag. 46. after some rambling after his wonted manner misrepresenting of the thing wich vvas said in Naphtaly as any judicious reader will perceive so that we need not trouble ourselves to discover the same unfaire dealing so oft as vve meet with it lest vve should waiste paper and paines as he hath done in repeating the same things over and over againe He tells us That It is not to be doubted that Religion is the chief interest that men and Christians should look after and where it becomes a legall right and the Magistrate who beares the sword leads the way no doubt privat persones may follow in the violent defence of it against all opposeing the Magistrate the law and themselves in owneing of it Answer This cold laodicean will give Religion the best word but no more He granteth that it is the chief interest that men and Christians should look after and yet so cautious is he in showing the manner how they should look after it that in effect he doth postpone it unto many other lower concernments For 1. it must become a legal right ere they defend it 2. And when it is become a legal right they cannot defend it unlesse the Magistrate lead the way But what if a virgine hath not a legal right unto her chastity by such a law as that leacherous King Ewen the 3. made shall she not be allowed to defend the same And if she shall shall not men be allowed to maintaine their Religion though some iniquous act of Parliament take the legal right of it away Yes doubtlesse if it be the chief interest Againe what if an unjust act take away a man's right to his heritage shall he not be in case to defend it against robbers 2. By his second caution it would appear that if an army of Turks or Tartars were landing in Scotland to robus of our Religion we might not resist unlesse the Magistrate did lead the way But might we not in that case defend our lives and lands If he should deny it I know few that will be of his opinion and if he grant it he must not account Religion the chief interest Againe what if the Magistrate shall permit Subjects to defend their Lives and Libertyes against invaders though he should not lead the way Will he allow it in that case Then he must preferre these unto Religion for Religion he sayes must must not be defended but when the Magistrate leads the way Neither sayes he can it enter into a Christian heart that it is to be surrendred unto the arbitrement or pleasure of any power in the world nor of any Magistrate over us as this man wickedly suggests is done Answ The Surveyer is this wicked person who not only suggests but upon the matter affirmes it and avowes it for what is it else then to surrender our Religion to the arbitrement of Magistrates to say that we may not stand to the defence thereof unlesse they will both authorize it with their law and also lead the way when any oppose it That which we will not maintaine without the approbation and conduct of another we wholly give up to the disposeing and pleasure of that other What he sayes concerning our present case shall be considered in end once for all Then Pag. 47. Whatever may be said concerning private mens resisting the powers that urge them to idolatry or false Worshipe or invading their lives if they will not so do comes not home to the present case Answ He would do well to speak plaine and not look with a double face Either he thinks it lawful in this case to resist or he thinks it unlawful if he think it unlawful to what purpose doth he make mention of it as a different case from what is presently under debate And will not any see that if he deny this to be lawful our Religion is wholly given upto the arbitrement of the Magistrate If he think it lawful he must then grant that Religion may be defended even when the Magistrate who bears the sword doth not lead the way and why then it should not come home to our present case I do not see for he doth not lay the stresse of his answers on the inconsiderablenesse of the ground of the resistence though here and there He hint at that but upon the unlawfulnesse of resisting the Magistrate who beares the sword Now this ground faileth him here But he ads Yet Lactantius word Lib. 5. c. 20. is to be well remembered by all private persones Defendenda est Religio a privatis omnibus non occidendo sed moriendo Answ Then according to Lactantius it must be unlawful to defend Religion even when the Magistrat urgeth to idolatry invading lives if they will not do it yea if this be generally received as a truth The People of Scotland might not defend their Religion against an army of Pagans Turks or Tartars if the Soveraigne should not concurre Which I know not who would assent unto But he will come off with a few notes Pag. 47. c. That whereas Naphtali said That to be violented in Religion which cannot be without an unjust force either on mens persons or on their goods is the most wicked and insupportable of all injuries He thinks such a word should have been better guarded lest all coactive power of the magistrate in matters of Religion might seem to be disowned which would favoure such as are for absolute toleration But what needed this Could he think that the author of Naphtaly did imagine That to be violented in any Religion whether true or false was such an insupportable injury Or that it was his minde to plead for an universal toleration What ground had he for so thinking Sure that had been prejudical to his hypothesis which this Surveyer himself will not call a false Religion will it not suffice to say he meaned a violenting in the true Religion No sayes he for what Sectary will not pretend that he is violented for the true Religion which he will avow is so according to his conscience and it is this man's principle that every man in his discretive judgment is judge of the justice or in justice of his owne sufferings and accordingly must determine a nent his resistence to the violence Answ 1. Then it seemeth his guairding of it in his owne words saying It is true to use violence upon any in their persons or goods to bring them to an external false Religion or to drive them from the true otherwise Religion cannot be violented is the greatest of injuries Is not sufficient to salve the Magistrates
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
allovv vvhy shall it be unlavvfull for a considerable part of the land to defend their Lives and Estates their Libertyes and Religion by forcible resistence made unto the Magistrat's Emissaries cruel bloody souldiers vvhen that moral resistence by petition vvhich yet no rational man can account resistence it being rather an act of subjection is contrare to all lavv and equity denyed and also the legal resistance by plea in court is not admitted Doth the municipal lavv of the land permit the one resistence aud vvill not the lavv of nature and nations vvhich no municipal lavv can infringe be a sufficient vvarandice for the other in case of extream necessity If it be said The Soveraigne hath law and right upon his side in this case which he hath not in the other till the law discusse it Ans The Law and Right which he hath on his fide in this case is but meerly pretended as in the other case and is lis sub judice Neither is he to be both judge and party in this case more then in the other againe if it be said that in this case He acteth as a Soveraigne executeing the lawes but in the other case he acteth only as a private person It is answered 1. That even in the other case He may pretend to be acting as a Soveraigne following executeing the lawes as well as in this 2. The Soveraigne as Soveraigne cannot oppresse nor do wrong therefore even in this case when he doth manifest injury unto the subjects contrare to his place vow and promise he acteth but as a private person and not as Soveraigne 2. If it be lawful for private person to warde off and defensively put back personal injurious assaults to the manifest and immediat peril of life without any colour of deserving of reason of law or judicial proceeding Why shal it not also be lawful for private persons to ward-off and defensively put back the injurious assaults of Emissaries to the manifest peril of Life Libertyes States Lively-hoods Consciences and Religion without any rational or real colour of deserving of reason of law of God or nations or judicial proceeding Shal it be lawful for one private person in the defence of his owne life to warde off such illegal extrajudicial and irrational assaults of the Soveraigne himself and shall it be unlawful for a body of a land or a considerable part thereof in the defence of their lively-hoods and so of their owne lives and of the lives of their posterity of their Consciences of their Libertyes and Religion all secured unto them by all bonds vowes Covenants Statutes and Actes imaginable to warde off the irrational furious illegal extrajudicial and mad assaults of the Soveraign's bloody Emissaries Sure rational men vvill see that vvhatever reason vvil evince the lavv fulnesse of the resistence in the former case the same vvill more strongly and plausibly conclude the lavvfulnesse of resistence in this case 3. If it be lavvfull for a private vvoman to defend her chastity dearer to her then life by violent resisting the Soveraignes attempts lest by non-resistance she should be guilty and oh if all the vvomen of the nation vvere of this temper Shall it not also be lavvful for private persons to defend their Lives Liberties Consciences and Religion dearer to them then their Lives yea and defend their chastity too by violent resisting of the furious attempts of the Soveraignes bloody Emissaries sent of purpose to constraine and compel them to perjury vvhen their non-resistence according to their povver and opportunity could not but be interpreted a voluntary and base quiteing of the cause and truth vvhich they vvere bound before God to maintaine vvith their lives and fortunes 4. If it be lavvfull to resist habited notour and compleat tyranny against all appearance of lavv manifestly tending to the destruction of a body of a people or a greater part thereof by hostile furious actions Shall it be utterly unlavvsul to resist notour tyranny yea compleat and habited though not as to re-iterated acts yet as to the ground laid dovvne of a most compleat and habited tyranny against all appearance of divine lavv or just and right humane lavves vvhich should be consonant thereunto tending to the destruction of the Covenanted-libertyes privileges and Religion of the vvhole body of the people and also unto the actual destruction of the libertyes states lives and lively hoods of a great part thereof by hostile furious actions 5. If resistence be lavvful in the case of violent attempts or destruction of all known legall libertyes and the beeing of religion according to lavv Shall resistence in our case be unlavvsul vvhen all the true libertyes of the subjects once established by lavves re inforced by vovves Covennants solemne engadgments and all bonds imaginable and the very being of our Religion as reformed in doctrine vvorshipe discipline and government ratified approved established and confirmed by lavves oathes Covenants vovves and promises vvhich lavves so re inforced vvith oathes protestations attestations declarations solemne vovves and Covenants are by all right divine and humane irrepelable being not only in themselves good and necessary but also becoming hereby sacred vovves to God vvhich must be payed being also fundamentall tearmes of the constitution of the reformed Republick 6. If in the case of Vendition Alienation of and giving the Kingdome to strangers violent resistence be allovved shall it not also be allovved in our case vvhen a land that vvas solemnely devoted consecrated and given avvay to God by solemne vovves and Covenants and the same ovvned approved ratified and confirmed by publick acts edicts proclamations declarations lavves and statutes of plenary and even as to all formalities compleat Parliaments made up of all the Estates of the Realme and the King also is novv treacheroussly and iniquosly forced to depart from their former principles to abjure their former vovves and Covenants to change their God to condemne his vvork and by most abhominable and ever to be-abhorred acts and statutes sold and alienated unto a popish prelatical and malignant faction and designe under vvhich the faithful and true seekers of God's face have and can expect lesse liberty for their consciences then if the whole Kingdome vvere delivered up into the hands of the great Turk Thus vvee see these concessions help our cause vveaken the adversaryes not alittle let us novv proceed to speak to another particular vvhich vvill help us also 2. The authors of Lex Rax and of the Apologetical Relation have sufficiently proved that the late vvarre carryed on by the Parliament of Scotland against the King vvas lavvful both in poynt of lavv and conscience And if that vvas lavvfull as it vvas and shall be found to be vvhen he and all his complices have done their utmost vvith all their lying cavills false calumnies reproaches and vvhat not that Hell can hatch to disprove condemne the same a vvarre raised by the subjects in their owne sin-lesse self
the King had violated the conditions made had caused burne by the hand of the Hangman a paper containeing explications of some tearmes used by him in the treaty of Peace had denyed accesse to their commissioners afterward when he had signified his willingnesse to heare such as they should send such as were sent were committed to prisone and one of them viz. The Lord Lowdon ordained secretly to be beheaded in the Towr of London and in the meane while warre was concluded against the Realme of Scotland in the King's Council The Earle of Northumberland was made General a Parliament was convocated both in England and Irland for raising of subsidies to the carrying on of this warre The Deputy of Irland with some there had promised much assistence The Prelates of England had offered great summes to carry on this Bellum Episcopale as they named it Scottish shipes were intercepted their goods taken away and the seamen cast into prifsones and miserably handled The sea ports were closed up with frigots The castle of Edinbrugh oppressed the City with their shot and killed many both young and old Were all these things no beginnings of a warre nor no acts of hostility How can he or any else then say that the King was not the first aggressor or that Scotlands warre was not purely defensive 2. As to these things wherein he would make his reader beleeve that the Honest people of Scotland were the first invaders what a malitious fool doth he manifest himself to be for 1. How or what way was his authority invaded was it because they would not receive a masse book in English obtruded upon them by his sole authority without the concurrence of Church or State 2. What lawes were troden upon Weknow no lawes but acts and statutes of a lawful Parliament made for the glory of God and the good of the land and what such were trode upon 3. What way were his proclamations despised Is it to despise a King's proclamation for free subjects to vindicate them selves of what is unjustly laid to their charge in this proclamations by faithful and humble protestations of their innocency 4. What were those castles seised upon Some be like in Vtopia for before this warre was begun Anno 1639. The Covenanters seised upon none of the King's castles When they savv the King bore a hostile minde against them and intended no good they watched the castle of Edinbrugh that more ammunition and provision should not be carryed into it And this was all they did until they were necessitated to put themselves into a posture of defence then they seised upon some houses here there the lawfulnesse of which is demonstrated by Lex Rex the Apology 5. What illegal courts were those which were set up Sure those tables as they were called were no courts assumeing to themselves any judicial determination in any matter of State civil or Ecclesiastical nor conventions for disturbance of the peace or usurpation against authority but meer meetings allowed by the light and law of nature for consultation and advice anent the matter and manner of supplications which they were to present to his Majesty and his Council and of propositions to be presented to the lawful State and Church-judicatories 6. Who were those subjects walking according to the lawes who were persecuted We know of none who were troubled at that time except the Prelates the Troublers of our Israel and all the persecution they met with was that the honest Covenanters did give in complaints against them and offered to make good what they allaiged upon the highest perill and did supplicate the Council whereof some of them were Members that they might not fit there as judges but stand as Rëi and answere for themselves and that the General assembly indicted by his Majesty after mature deliberation and full examination did excommunicate them for high and notorious crymes to be seen in the registers of that Assembly But 2 will these things to judicious persons lay the ground of a lawful warre by the Magistrate against his owne subjects Are these who cannot yeeld obedience unto unlawful commands who humbly protest for their owne innocency who meet together for drawing up supplications and ordering matters thereanent and who give in complaints against the Pests Troublers of the land and exerce Church censures upon the scandalous invaders of the Soveraign's authority And when a King upon these grounds invadeth his subjects with an army of armed men can any man of common sense think that his war is not an invasive vvarre Hath not Magistrats other lavvfull vvayes to defend their ovvne authority and lavves and orderly subjects and to reduce the disorderly then fire and svvord Sure for a King to cut off his subjects is to diminish and annihilate his authority and lavves both And for a King to vvage vvarre against the Body of a land to pleasure Fourteen of a fevv of the basest and most unvvorthy of all the subjects vvould seem to be the result of no grave and sage Council nor vvould it appeare to be much for the Kings honour to have his Soveraigne authority imbarqued vvith a fevv abjects so as if they did sinke to the bottome of the sea It could not swime The next thing and that is the 2 hypothesis he allegeth is That they represent him in their virulent he should say nervous writeings as Nerone ipso Neronior a great persecuter of Religion intending the total ruine and destrustion of the protestant profession and the total ruine and destruction of the whole people of the land Answ They represente him no othervvayes then his owne publicke owned and avowed deeds and declarations did represente him to all the world What was his secret intentions God knoweth but his deeds did declare that he minded no good to the poor Church and State of Scotland for to pleasure a few abjects that had drunken in much Popery and Arminianisme and stirred him up to urge upon our Church 2 Popish publick service book of canons and ordination Popish ceremonies and such Romish trash he sought by fire and sword to reduce us to ashes We shal not now trouble his Urne by speaking to what this Surveyer sayeth afterward This we knovv That he died but vvhether as a glorious Martyr for the true Religion of God vvhich yet may admit several senses so ambiguous is it though vve let it passe in the best and lavves and liberties of the people as he sayeth many doubt At length he closeth his digression thus If there was any thing that could not have a favourable interpretation in that unhappy book that gave therise to the troubles how timely was it retired and great satisfaction and security given for religion If through default of Ministers of State any thing had creeped in that could not abide the test of law how willingly was â—treformed yet all could not sist begun course of violence till through God's dreadful indignation against a sinfull
because he had forsaken the Lord God of his Fathers and the Edomites loved not the true Religion but the meritorious cause on Jehorams part is poynted at Answ The text it self and Commentators to vvhom vve may add Iackson on 2 King 8. the Dutch Annot Ibid. give this as the impulsive cause and only motive vvhich they had before their eyes 2. Any who read the text vvill see his reason very unsound for v. 8. it is said that in his dayes the Edomites revolted from under the dominion of Iudah and made themselves a King and no word of this as the impulsive cause there of v. 10. mention again is made of their revolt upon occasion of Iehorams seeking by force to reduce them under his dominion and then in a new period mention is made of Libnah's revolt with the cause and only motive thereof Because he had forsaken the Lord God of his Fathers Then he asks if his adversary thinks that the laying aside of the presbyterian frame is the forsaken of the Lord God of our Fathers and a sufficient cause for any one Towne in the Kingdom to revolt from the King though he do not persecute them nor force them to his way as there is no evidence that Libnah was so used shall a Kings swerving in that one point or if there be greater infidelity be sufficient ground of defection from him Ans I nothing doubt but all such as have imbraced this present course of apostasie are guilty of a grievous revolt having impudently and avowedly departed form a sworne Covenant from a covenanted sworne Religion reformed in Doctrine Worshipe Discipline Government and have in a great part forsaken the God of our Fathers that covenanted God whom our Fathers and we both owned and imbraced as our God and is sufficient cause for any City or Company of men so far to revolt from the King as to refuse to concurre with him in this horrible defection and course of perjury and resist his unjust violence pressing and compelling them to a sinful compliance 2. As it is more then probable that Libnah was no better used then were the people of Iudah by this Tyrannous King and is asserted by the Dutch Annot. on 2 Chron. 21 10. So whatever this lyer suggesteth it is notour that the King hath persecuted and doth persecute and force honest people to follow his way and apostatize with him contrare to their consciences and sworne allegiance unto God and if he add this clause as an exception then seing the truth of the thing is notour he fully accords that there is sufficient cause given for any Town in the Kingdome to revolt which is more then we desire At length he tells us That their revolt was sinfull But when not only thiâ— revolt is recorded as done but such and impulsive cause and motive is added by the Spirit of the Lord without the least hint of any expression condemning the same we dar not be so bold as is this Surveyer Nor are we so foolish as to receive his word contraire to the testimony of so many expositors Hence we have a strong argument For if it be lawful for a part of the people to revolt from a tyrannous Prince making defection from the true and received Religion and forceing his subjects to a sinful defection and complyance with him in his apostasy It must also be lawful for a part of the people to defend themselves by force against the Emissaries of a King departing from his faith and foresaking the Religion which He hath sworne to owne and maintaine sent forth by him or any under him to force by cruel oppression and violence them to a compliance with his sinful way And the antecedent is cleare in this place 3. They must much more condemne Azariah and the fourescore Priests who being commended as me of courage valour resisted Vziah the King 2 Chron. 26 17. c. they expelled him with force stood against him the lxx say they resisted him deturbarunt eum ex eo loco sayeth Vatablus they forced him forth and compelled him to goe out they caused him make haste sayeth Ar. Mont. festinate expulerunt eum sayeth Hieron When he went in the temple to burne incense upon the altaar of incense on some solemne day as Iosephus thinketh So that there is more then a resistance of him by words as some Royalists say even resistence by force and violence Hence we argue if private subjects may by force resist withstand and with violence hinder the King from transgressing the Law of God Then may they much more lawfully resist him and his bloody Emissaryes when He seeketh to oppresse unjustly and to draw people off from the wayes of the Lord. If any say with doct Ferne that because of an expresse Law of God being a leper he was put out of the congregation Then we see that the Prince is subject to Church-censure and so Subjects may judge him and punish him we see also that Princes were subject to ceremonial lawes as well as any of the subjects and why not also to the moral Lawes and if because of a ceremonial Law the King was to be ceremonially punished why also for the breach of moral Law may he not be punished morally Hence will it undoubtedly follow That a Prince rageing and tyrannizeing contrare to all equity and reason may be resisted and his violence repelled with violence even by private subjects Worthy Mr Knox in his debate with Lithengtoun doth form this instance gather That subjects not only may but also ought to withstand and resist their Princes whensoever they do any thing that expresly repugnes to God his Law or holy Ordinance Lithingtoun objected That they were not private subjects but the priests of the Lord and figures of Christ and such have we none this day to withstand Kings if they do any thing wrong He answered that though the High Priest was a figure of Christ yet he was a subject For said he I am assured that he in his Priesthood had no prerogative above these that passed before him now so it is that Aaron was subject to Moses and called him Lord Samuel being both prophet and Priest subjected himself unto Saul after he was inaugurated of the people Sadoc bowed before David c. And whereas you say we have no such Priests this day I might answere that neither have we such Kings this day as then were anoynted by Gods commandement and sate upon the seate of David and were no lesse the figures of Christ Iesus in their just administration then were the Priests in their appointed office and such Kings I am assured we have not now no more then we have such Priests for Christ Iesus being anoynted in our nature of God his Father both King Priest and Prophet hath put an end to all external unction and yet I think you will not say that God hath now diminished his graces from these whom he appoynts
the law of the XII tables so it was in force whatever forme of government was exerced But syes he Prael 9. § 19. Hence it will not follow That People may when they perceive or cry out that they perceive their libertyes hurt in some things take armes without the Princes leave and violate all lawes and dutyes and so raise tumults and seditions Ans Neither do we say so nor resolve to draw any such conclusions therefrom but this is cleare that when the covenanted work of reformation is overturned laudable lawes establishing the same contrary to oath and solemne Engagement rescinded libertyes palpably violated People in humanely persecuted for adhereing to their Covenants c. and unjustly oppressed by the Kings emissaries people may then take armes in their own defence though the King should refuse to consent or should countenance the oppressours carry on that inslaving course Againe he sayes let any read and read over againe that sentence of Cicero and search every pairt of it where vvill he finde any vvarrand for Subjects to rise up against princes to injure them or dethrone them Ans We do not intend to search the sentence for that end it vvill suffice us if hence vve finde ground to conclude the lavvfulnesse of Peoples defending themselves against tyrannizeing Princes in cases of necessity and let him or any for him read and better read that vvhole period and narrovvly consider and examine every sentence and vvord in it and see if he can finde this condemned Ere I come to speak to the other particular I shall from this draw some few things useful for our purpose and 1. It is irrational and meer flattery to cry up and exalt the Soveraignes prerogative in prejudice and to the destruction of that for which both He and His Prerogatives are and were appoynted as subservient meanes the saifty of the People That being de jure his maine end and it being for this cause end that he is endued with such power and hath such privileges and prerogatives conferred upon him and allowed unto him He and his Prerogatives both should vaile unto this Supreame Law the saifty of the People so that when they come in competition The Peoples saifty of right is to have the preheminence 2. Since all other lawes municipal made and established in a free Realme must be subordinate unto this Principal and Cardinal law and have tendency to promove corroborate and establish it Then when any of these Lawes in their letter strick directly at the root of the saifty of the People and thoward and crosse that maine and highest law That law is Eaienus null and really no law So that it is but childish scrupulosity to start at the letter of a law when the Commonwealth is in hazard and it is but brutish ignorance to object the letter of a low against such as are endeavouring the saifty of the people which is the maine businesse and to preserve the Commonwealth from ruine and destruction against which no law is or can be of any force or value but null and of no effect for here it holdeth true that summum jus is summa injuria 3. Since Lawes themselves when in their letter they crosse this maine law must be accounted as no lowes really and de jure and may saifly be neglected and passed over when the Peoples saifty is in no small hazard by the strick adhereing to the letter thereof Then much more may punctilioes and law formalities be laid aside when the Commonwealth is in danger When there is a fire in a City all the formalities of order are not strickly to observed 4. Since The privileges and lawful prerogatives of the Soveraigne must vaile in cases of necessity unto this High and Supreame Law the saifty of the People Then no lesse must the privileges of a Parliament yield unto this for whatever privilege they enjoy it is in order to this end and the meanes must alwayes have a subserviency unto the end and when they tend to the destruction of the end they are then as no meanes unto that end nor to be made use of for that end 5. Though King and Parliament both should conspire together against the good of the Land yet di jure they have no power or authority to destroy that End and whatever they enact or doe tending to the ruine of this maine and principal good which they should have before their eyes as their end is ipso facto null 6. When acts and actings of King and Parliament tend directly and are made and done of purpose to destroy and overthrow the work of reformation in doctrine worshipe discipline and government which was owned and established by lawes with all formalities of law and was avowed by solemne vowes Covenants attestations protestations declarations and engagements of all ranks of People from the highest to the lowest and courses are laid doune to force and constraine People to renunce their Covenant with God to turne perjured apostates and when by acts and actings the fundamental tearmes conditions of our reformed constitution confirmed by unrepelable lawes by the King 's accepting of his Crowne and Scepter and all other Magistrates accepting their places upon these tearmes are overturned and when by an arbitrary and illegal tyranny no man hath security for his life his lands his libertyes nor his religion is not the saifty of the People in danger No man needs to say who shall be judge The Magistrates or the people For all who have eyes to see may judge whether the Sun be shineing or not and all who have common sense may judge in this case When these things are done and avowed they cannot be denyed and no man of reason or religion will deny the inference Hence then it is cleare that no man in reason can condemne the late act of defence which was the only meane left for preserving of that which all government and Governours should level at viz. The saifty of the People both in soull and body their Religion Lives Liberties Privileges Possessions Goods and what was deare to them as men and as Christians howbeit it vvanted the formality of the authority of Soveraine Parliament or Councel No man vvho vvill not deny this axiome can condemne them as Traitors seing they vvere noble Patriots and loyall to that Supreame lavv The saifty of the People As to the other particular concerning the absolute power of the Soveragne We say 1. That the Soveraigne is under obligations to his People and bound limited by conditions we have shewed above which conditions he is bound to observe see Hoen Disp Pol. 9. 2. That the Soveraigne is not exempted from the lawes of God none but profane gracelesse vvreatches vvill deny since he is a creature of God's and a subject to him and his servant Rom. 13. and therefore must not transgresse his lawes under the paine of high treason and laese Majesty It was but a base saying of an impudent whore Iulia
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
7. Mat. 10 ver 40. as if God were doing personally these acts that the King is doing and it importeth as much as the King of Kings doth these acts in and through the Tyrant Now it is blasphemy to think or say That when a Kings is drinking the blood of innocents and vvasting the Church of God That God if he vvere personally present vvould commit the same acts of Tyranny God avert such blasphemy and that God in and through the King his lavvsul deputy and vicegerent in these acts of Tyranny is wasting the poor Church of God If it be said in these sinfull acts of tyranny he is not God's formal vicegerent but only in good and lawful acts of Government yet he is not to be resisted in these acts not because the acts are just and good but because of the dignity of his royal persone Yet this must prove that these who resist the King in these acts of Tyranny must resist no ordinance of God but only that we resist him who is the Lord's deputy What absurdity is there in that more then to disobey him refuseing active obedience to him who is the Lord's deputy but not as the Lord's deputy but as a man commanding beside his Master's warrand 5. Pag. 263. That which is inconsistent with the care and providence of God in giving a King to his Church is not to be taught Now God's end in giving a King to his Church is the feeding saifty preservation the peacable and quyet life of his Church 1 Tim. 2 2. Esai 49 ver 23. Psal 79 7. But God should crosse his owne end in the same act of giving a King if he should provide a King who by office were to suppresse Robbers Murtherers and all oppressours and wasters in his holy mount and yet should give an irresistible power to one crowned Lyon a King who may kill a Thousand Thousand protestants for their religion in an ordinary providence and they are by an ordinary law of God to give their throats to his Emissaries and bloody executioners If any say the King will not be so cruel I beleeve it because actu secundo it is not possible in his power to be so cruel we owe thanks to his good will that he killeth not so many but no thanks to the genuine intrinsecal end of a King who hath power from God to kill all these and that without resistence made by any Mortal man Yea no thanks God avert blasphemy to God's ordinary providence which if Royalists may be beleeved putteth no bar upon the illimited power of a Man inclined to sin and abuse his power to so much cruelty Some may say the same absurdity doth follow if the King should turne papist and the Parliament and all were papists in that case there might be so many Martyres for the truth put to death and God should put no bar of providence upon this power more then now and yet in that case King and Parliament should be judges given of God actu primo and by vertue of their office obliged to preserve the people in peace and godlinesse But I answere If God gave a lawful official power to King and Parliament to work the same cruelty upon Millions of Martyrs and it should be unlawful for them to defend themselves I should then think that King Parliament were both ex officio and actu primo judges and Fathers and also by that same office Murtherers and butchers which were a grievous aspersion to the unspotted providence of God 6. Pag. 331. Particular nature yeelds to the good of universal nature for which cause heavy bodyes ascend aëry and light bodyes descend If then a wild bull or a goaring Oxe may not be let loose in a great market confluence of people and if any man turne so distracted as he smite himself with stones and kill all that passe by him or come at him in that case the man is to be bound and his hands fettered and all whom he invadeth may resist him were they his owne sones and may save their owne lives with weapons Much more a King turning a Nero King Saul vexed with an evil spirit from the Lord may be resisted and far more if a King endued with use of reason shall put violent hands on all his subjects kill his sone and heire yea any violently invaded by natures law may defend themselves the violent restraining of such an one is but the hurting of one Man who cannot be virtually the Commonwealth but his destroying of the community of men sent out in warres as his bloody Emissaries to the dissolution of the Commonwealth 7. Pag. 335. By the law of Nature a Ruler is appoynted to defend the innocent Now by Nature an infant in the womb defendeth it self first before the parents can defend it Then when parents and Magistrates are not and violent invading Magistrates are not in that Magistrates Nature hath commended every man to self defence 8. Ibid The law of nature excepteth no violence whether inflicted by a Magistrate or any other unjust violence from a Ruler is thrice injustice 1. He doth injustice as a man 2. As a member of the Commonwealth 3. He committeth a special kinde of sin of injustice against his office But it is absured to say we may lawfully defend our selves from smaller injuries by the law of Nature and not from greater c. These and many moe to this purpose may be seen in that unansvverable piece But I proceed to adde some mo◠here 9. If it be lawful for the people to rise in armes to defend themselves their Wives and Children their Religion from an invadeing army of cut throat Papists Turks or Tartars though the Magistrates Superiour and inferiour should either through absence or some other physical impediment not be in a present capacity to give an expresse warrand or command or through wickednesse for their owne privat ends should refuse to concurre and should discharge the people to rise in armes Then it cannot be unlawful to rise in armes and defend their owne Lives and the lives of their Posterity and their Religion when Magistrates who are appoynted of God to defend turn enemies themselves and oppresse plunder and abuse the innocent and overturne Religion presse people to a sinful compliance there with But the former is true Therefore c. The assumption is cleare Because all the power of Magistrates which they have of God is cumulative and not privative and destructive it is a power to promove the good of the Realme and not a power to destroy the same whether by acting and going beyond their power or by refuseing to act and betraying their trust 2. No power given to Magistrates can take away Natures birth right or that innate power of self defence 3. It can fare no worse with people in this case then if they had no Magistrates at all but if they had no Magistrates at all they might lawfully see to their owne self
to them to procure their good and defend them from evil so subjects ought to have such hearts to their King as Children have to their fathers giving them speical reverence subjection and obedience from their very soul and inward affection Answ All this sayes that as Kings are metaphorical Fathers so Subjects are metaphorical Children But as it doth not say that Kings should become Tyrants not carry fatherly affection tovvards their Subjects so it doth not say that Subejcts may not resist their tyrannical rage and fury vvherein they acte not as fathers but as Tygers 2. It is true special reverence subjection obedience is due to Magistrats but alvvayes in the Lord The relation is mutual if they carry not as official fathers seeking the good of the subjects and defending them but as devouring Lyons seeking the destruction of their Subjects both in soul and body they cannot expect according to vvhat he sayeth that hearty subjection and obedience vvhich othervvise they might have 3. Being but official fathers appoynted by the subjects and set over them by their vvill and consent they must have lesse povver to vvronge the Subjects then Parents have to vvronge their Children vvho have not that relation by vertue of any formal compact with or consent of their Children So that when they do injuries Subjects are in a greater capacity to help themselves then Children are vvhen their Parents to injure them He addeth Although some times they are not such as they ought to be yet they ought to account their persons sealed with Gods ordinance and the image of of his Soveraignity sacred and inviolable resolving to suffer any thing of them rather then be guilty of parricide although under the colour of self defence Gods law in the fift command hath injoyned reverence subjection to Princes under the title of Parents Calv. Iustit Lib. 4. Cap. 8. c. Answ We are not speaking of doing violence unto the persons of Soveraignes or of committing parricide but only of the matter of resistance and of natural sinlesse selfe defence vvhich is far different from Killing of Kings If he think the one of the same nature vvith the other he vvrongeth the King's life more then he is avvare of Though Children as Children may not Kill their parents yet they may defend themselves from their unjust violence 2. We grant Kings are comprehended in the fift commandement under the title of parents as Calvin doth and not only Kings but all Superiours yet he will not say I suppose that we are not to resist the unjust violence of any superiour but that they are all so sacred and inviolable as that in all things they must be subjected unto without the least resistence and therefore what he addeth is not to the poynt 4. We have shewed above that there is a vaste disparity betvvixt Masters and Kings in reference to their slaves and subjects He himself acknovvledgeth this Pag. 31. Yet sayes he though there be these differences betwixt the dominative or masterly and the Royal or Magistratical power the inferiours subjection in suffering even wrongfully if God permit in his providence the power to be abused is no lesse under the one power then under the other by vertue of Divine Law Subjects serve the Soveraigne though they be not slaves and not only conquered people are called Servants 2 Sam. 8 v. 14. but also ordinary subjects 2 Sam. 11 V. 24. 1 King 12 V. 4. Though he also be in a sense their servant not in relation of an inferiour to a superiour for so the Magistrate is only the Minister of God for the Peoples good and never called their Minister but in relation of the meanes to the end as Angles are ministring spirits for the heires of salvation and Ministers are Servants to the People c. Answ That the subjection is alike in both these relations can with no colour of reason be asserted for it is absurd to say that Subjects who set up the Magistrate who limite his power who binde him by Covenants and designe their owne good in setting him up do it in a voluntary way are the same way subject to their Princes as slaves who are as other goods for the profite of the Master are both in bodyes goods otherwise subject unto their Masters and that in a manner against their will either being sold or redeeming their life in war by giving themselves up as slaves 2. As there are various Kindes of Superiours so the relation varyeth and is more or lesse closse and efficacious and the subjection must accordingly vary I am not alike subjected to every one that is over me as I am subjected to my Soveraigne nor am I so subjected to him as to my natural parents or as a wife is to her husband 3. Though the Subejcts in some sense call themselves servants to the soveraigne which yet is often a tearme of civil respect for Naaman called himself Elisha's servant 2 King 5 15. and Obadiah said the like to Elijah 1 King 18 9. yet if they be not slaves they must have more allowance then slaves have and so have more povver to resist unjust violence then they had 4. If the Magistrate be the peoples servant in relation of the meanes to the end then the relation betvvixt him and his Subejcts is not such a relation as is betvvixt Parents and Children or betwixt Masters and Slaves for the end of these relations is not the good of Children and slaves And next Subejcts must have more power allowed them to see to the end which is their owne good and to see that the means prove not destructive of the end and if the meanes prove no meanes the relation falleth and he is no more a servant seeking their good but a Tyrant seeking his owne 5. It is sooner said then proved that the People who set up the King are not superiour to the King He should have aswered Lex Rex as to this but it is like he thinketh that his saying thus is more firme and irrefragable then Lex Rex reasonings to the contrary But I know not who will think so with him 6. There is a great difference betwixt Angels serving the saints or rather serving God that way and the King serving his People The saints have no hand in setting up angels to protect them as People have in setting up Magistrates 7. If they be servants as ministers are then though in regard of their official power they should not be subject to the People yet they may be resisted as was shevved above and this is all vve presse for 5. There is a great difference betwixt suffering of Buffettings and correction and such like petty private personal injuries at the hands of Parents or Masters and the suffering of losse of Liberties Life Lands Religion and such like which tend to the ruine of the Commonwealth To this our Surveyer replyeth two things Pag. 32. as 1. The grounds that such men
thought upon no motive according to him is here made use of except one and yet none can reade the place but they will finde it otherwayes Sure the causal for ver 3 and 4. is as clear a ground of a motive as the for v. 1 2. By his way all the rest of the arguments used ver 3 4. have no influence on the subjection and non-resistence pressed and yet the text giveth this reason why such as resist the power receive to themselves damnation viz. for Rulers are not a terrour to good works but to the evil c. and this with what followeth hath no small force to presse submission and non-resistence 3. It is true if he abuse his place he must answere to God for it but that will no more prove that passive subjection or obedience as he calleth it is alwayes due to him then it will prove that active obedience is alwayes due unto him 4. We grant that the abuse of the power in a particular doth not nullifie the power Yet when the abuse is such as destroyes the maine ends of the power sure if it be not wholly it is in a great part nullified de lure But whether the power be nullified or not wholly it may be resisted in case of necessity when it is palpably abused For then the power which is of God is not resisted But only the abuse of the power or that which is not the power ordained of God 5. Subjection it is true of one sort or another is due to him because he is in officio and therefore so long as he is in officio he is to be acknowledge to be in officio and to be obeyed in things lawful Honour reverence tribute and custome is due to him and in matters of smaller moment his penaltyes are to be endured when there is no faire way to shun them But hence it will not follovv that he must never be resisted even when he intends nothing but the destruction of Libertyes and Religion and overturneth the ends of government and crosseth the maine and principal ends of his office and power Then he tells us ibid. That among many things wrong Lex Rex hath that true word Pag. 325. We are to suffer evil of punishment of Tyrants some other way and in some other notion then we are to suffer evil of equals for we are to suffer evil of equals not for any paternal authority they have over us as certanely we are to suffer evil of Superiours Thus he And this is all we require to suffer evil of the Magistrate or superiour without violating his person upon the account of his paternal authority which though in a particular abused hic nunc remaines the ordinance of God and in a respective reverence to that ordinance wherewith they are invested we are humbly to suffer wrong from them if we cannot by petitions move their for bearance neither justifying in our consciences the wrong which they do to us nor judging them to have a commission from God as to this wrong doing but regarding both God's providence and God's ordinance in their persones which ceaseth not to be his although abused in a particular act towards us Answ 1. It is strange hovv this corrupt fountaine as he calleth it else vvhere Lex Rex can send out good and svveet vvaters 2. Lex Rex is there ansvvering this quaestion whether any passive subjection at all be commanded as due to superiours Rom. 13. And ansvvereth 1. None properly so called that is purely passive only we are for fear of the sword to do our duty 2. We are to suffer ill of punishment of Tyrants ex Hypothesi that they inflict that ill on us some other way c. Novv vvhat it there here that makes for him Sayeth Lex Rex that vve are to suffer absolutely all the evil of punishment vvhich they vvould inflict upon us No such thing sayeth he 3. If he seek no more then vvhat Lex Rex sayeth here vve are agreed but sure he must then recal vvhat he hath formerly said 4. Ay but sayeth he this is all we require to suffer evil of the Magistrate without violating his person upon the account of his paternal authority But 1. there is a difference betwixt suffering evil indefinitly and absolutely and suffering evil ex Hypothesi that it be inflicted Lex Rex said this last and not the former 2. We may refuse to suffer evil of the Magistrate without violating his person every resistance of unjust violence offered by Magistrates is not a violating of his person nor necessarily accompanyed therewith for the violence resisted may be and oft is committed by his Emissaries 3. Though we are bound to suffer ex Hypothesi that we do suffer of Tytants upon the account of a paternal authority yet it will not follow that such may not be resisted for though the Son is to suffer evils at the hands of his father when he inflicts these upon a paternal account yet in some cases the parent may be resisted even by the Children as is said 4. No respective reverence to the ordinance doth absolutely bind us to suffer for he will grant we may flee and here he sayeth we may by petitions move a forbearance 5. What if the evil be great and imminent and flying is not practicable and not only there is no moving of forbearance by petitions but very supplicating is discharged under highest paine Are we then humbly to suffer that wrong and so give up all our Necks our Liberties and our Religion to the lust of a Tyrant without any resistance This is the quaestion and we are waiting for proof of it 6. It is true when providence so ordereth matters that we cannot shun suffering then we are to regaird both God's providence and respect that ordinance which is abused and so suffer such evils of these under another notion then of equals and yet it will not hence follow that we are absolutely bound to suffer and never allowed to resist Thus we see in end which I would have the reader specially to notice that he cannot urge this place against us but he must the same way hence enforce an absolute and universal obedience in all things whatsomever and also condemne other Royalists and it may be himself also Who as we heard above did grant it lawful in several cases to resist Tyrants Yea and condemne that which formerly he durst not positively condemne viz. resistence by the Parliaments and primores Regni and thus also condemne Calvin and other divines granting and positively affirming this all which though we had said no more is enough to cut the sinew of any argument which he hath adduced or yet can adduce from this passage and so we passe to examine his other grounds for absolute submission CAP. XIV The Surveyers grounds for absolute Submission to suffering taken from the primitive Christians and reason examined Our Surveyer cometh next to speak of the example of the primitive Christians
pleased to doe what he alledgeth Naphtaly and his complices had a minde to do The first question which he speakes to Chap. 1. Is touching the dissolving of humane societies which in some cases politicians will yeeld to see Althus pol. c. 38. n. 76. And the thing he driveth at is to fasten on the honest party a resolution and designe to dissipate and dissolve the immemorially setled frame as he loveth to speak Pag. 9. of that Nation and Kingdome which through divine providence hath in many generations subsisted under our lawful Soveraignes for the common benefite of subjects at home and to the honour and renown of the Nation abroad yea and to the glory of divine providence which hath through many stormes in several ages preserved us in this comfortable constitution And this he deviseth of his owne wicked heart of purpose to make these cordiall lovers of Religion and of their Countrey hateful to all the world if he could and therefore he would represente them as men of strange principles purposes But wo to such as make lyes their refuge This man thinketh to make the King glade with his lyes but we know that the mouth of such as speak lyes shall be stopped But sure one would think that he behoved to have some clear ground to walk upon in asserting this of us and especially when he is at the paines to spend a whole chapter to confute it And yet vvhen he hath rambled up and downe that book of Naphtali to seek out a ground for this assertion he can not adduce any one sentence that even with half an eye doth look there away except one which yet hath no such designe or import The sentence is this Pag. 150. That through the Manifest and notorious perversion of the great ends of Society and government the bond thereof being dissolved the persons one or moe thus liberated therefrom do relapse into their primeve liberty and privilege and accordingly as the similitude of their case and exigence of their cause doth require may upon the very same principles againe joyne and associate for their better defence and preservation as they did at first enter into Societyes For clearing of which these things would be observed 1. That the author there is only adding a few observations to cleare the innocency of these noble witnesses who died owneing the interest and cause of Christ and to shevv hovv free they were of the crime of rebellion with which they were charged Now all know that as these worthies had no designe of erecting themselves into a distinct common-wealth nor to make such a civil politick separation from the rest of the land so the way which they took did directly tend to have the whole land united unto God and among themselves as one for God and to God in the bond of the solemne league and covenant Had they designed such a separation they behoved also to have chosen more apposite fit meanes then these were which they did use as any of halfe a judgment may perceive 2. That as the maine and only designe of these worthies was to defend themselves and their Covenanted Religion from manifest oppression and tyranny and to have the land recovered from that wofull course of backsliding and departing from the Lord whereof it was guilty and wherein it had lyen for many dayes So This author is only clearing their innocency as to that and therefore in the first observation Pag. 147. He cleareth the native ground of self preservation and in the 2. How the perverting of the ends of government doth not destroy this native right but that then people are as free to defend themselves as ever even against the oppressing Powers who in that case according to King Iames his testimony and practice become Tyrants and are to be resisted and in the 3. How all powers are obliged if not expresly yet tacitely to walk in a due subordination to God and to prosecute these great ends of government and particularly in the 4. How our king is bound by the lawes of the land and by his coronation covenant oath to Rule for God and the good of the People And in the 5. How all even the most Malignantly affected would assent to this as an undoubted truth in their owne particular cases And cometh in the 6. Place to the words cited which must have the same import and tendency to wit to clear the innocency of private persons self-defence and defence of Religion when the powers which should minde and study according to their place power to promove the great ends of society and government viz. the glory of God and the good of the Subjects in soul and body do manifestly and notoriously pervert these ends and preferre themselves and their owne lusts unto the will and glory of God and to the good of the People The same is also cleare from the following observations which do manifestly poynt at the clearing of people being bound in duty to defend themselves and their Religion conforme to their engagements vowes and Covenants which still stand in force notwithstanding of any thing done to the contrary of late in their acts rescissory and condemnatory 3. The very words themselves to any who is not utterly blinded with prejudice can import no more then that when through the notorious and mainfest perversion of the great ends of society and government the bond thereof is dissolved and the persons now relapseing into their Primeve liberty and privilege may no lesse now joyne and associate together to defend Themselves and their Religion then at first they entered into societes For as their entering into societies was for this end and their setting up of Magistrates over themselves was for this end so when the Magistrates crosse their end and rule and thereby annul the relation or make it invalide for the ends they may joyne together now for these ends as they might have done before the formal institution of Government And who can deny this to be a truth Or who can hence inferre but he who is of a perverse spirit and for his perverse ends seeketh to pervert all things that he pleadeth for the lawfulnesse of Peoples crumbling together in lesser fractions and petty commonwealthes 4. Suppose the words should be capable of that glosse ' which the Surveyer putteth upon them yet as they lye connected with what preceedeth and with what followeth they can at most be but a Medium for proving the intended conclusion and so must be considered as founding an argument a Majori ad minus from the more to the lesse to this purpose if when through the manifest and notorious perversion of the great Ends of society and government the bond thereof is dissolved and persons relapse into their primeve liberty so that according as the similitude of their case and exigence of their cause requireth upon the same principles they may againe associate and combine into new and distinct Societies and Commonwealthes
for their defence and preservation Then much more may they lavvfully novv joyne and associate together for their defence and preservation without making any such rupture or new erections but endeavouring to keep the old Society firme and intire undissolved and unweakened So that though his glosse should be admitted he doth but bewray the ignorence of his capricious braine to take the Medium for the conclusion And the antecedent will be granted by politians and is expresly asserted by Althusius Polit Cap. 20. Num. 20. in case the Prince keep not his promise but violate his faith and Covenant 5. Suppose also that this which he alledgeth had been the authors positive assertion can he hence inferred with any colour of reason that it was or is the designe of the author and his party to dissipate and dissolve the old setled frame of this Kingdome and erect new Commonvvealthes vvith nevv distinct Soveraignes Seing every one knovveth that many things are lavvful vvhich are not expedient convenient nor necessary that it vvere the result of no mature deliberation but of madnesse and folly to intend and designe such a thing vvhich though lavvful in it self yet all things considered vvere very inexpendient and unnecessary yea not only not advantageous to their ends and purposes but quite destructive thereof Novv since the Surveyer hath dravvne in this controversy by the eares and set it in the front of his learned and elaborat pamphlet vve must suppose him one vvho is vvell versed in this topick and can give a good account of his politick notions touching this quaestion But alas if he had a real adversary to deal vvith as novv he doth but faigne one to himself it is easy fighting against a man of stravv or one of our ovvne making his ridiculous and yet audacious folly vvould easily be made to appear his adversary vvould laugh as indeed he vvould have cause at the shakeing of his spear He maketh this the thesis which he undertaketh to confirme That when politick bodyes are setled in voluntary associations or whatever way in the course of divine providence they have been reduced to live under the same lawes and authorities and have continued long in the union of a common interest under the protection of magistracy to break off from the body in seditious secessions cannot but be displeasing to God and they are no other then firebrands confounders of humane society fighters against God and his ordinance who instigate People to cut off themselves from the body of the Common wealth whereof they are members But would not his adversary tell him that he had granted as much in the words immediatly preceeding as would make him and his position both ridiculous For he hath granted That the Lord hath not by any precept particularly determined the bounds of every embodied Political society There being some greater and some lesser acting under their several heads and souveraigne Magistrates And seing neither God nor Nature hath determined the quantity and extent of each Republicki or embodyed Politick Society what more affinity hath it with sinful sedition to say that greater bodyes may be divided and subdivided into lesser Republicks then to say that moe lesser bodyes may associate together to make one greater especially seing Politicians tell us that the ends of government are more easily attained in a lesser Republick then in a greater and that a mid way commonwealth neither too largâ— nor too little is the best as being lesse subject to vices and greater calamities as was to be seen in the Roman Republick before it was enlarged in the dayes of Marius Sylla Pompey and Caesar and is to be seen this day in the Commonwealth of Venice and the like as Althusius shewes us Polit. Cap. 9. num 11. The time was when all the World was under one head and after they were multiplied they became distinct Republicks without any sinful or seditious secession The time was when all thess westerne parts were under one Emperour and was nothing but a seditious secession caused by firebrands the ground of their becoming many and distinct Republicks The time was when Scotland England and Irland were distinct Kingdomes and under distinct Soveraigne Magistrates and what repugnancy were it either to the Law of God or nature to say they might be so againe So were there once Seven Kings in England at once and moe then one King in Scotland at once and by no reason can he prove that it should always be as it is at present but by the same reason his adversaries could prove him guilty of treason for he behoved to say that because we were once all under one Emperour we ought to be so still and that the King must either hold his crowne of the Emperour or be an usurper and a seditious rebel for in the course of providence we were then reduced under the same Lawes and Authorities and continued in the union of a common interest for some good space of time Yea and observe many of these civil Lawes yet Thus we see whither this advocate will drive the matter and how little service he doth his Majesty for all his rich recompence But it may be his arguments are cogent and binding He hath many words Pag. 4 5. to prove that this is contrary to Religion The sum is this Never greater perversion of government then in the times of many of the Prophets and in the dayes of Christ and his holy Apostles and primitive Christians and yet this was never their doctrine or sense Answ Is this all that he can say to prove that this is contrary to Religion Sure his adversary will think that he hath little Religion who sayth so and that he hath farlesse loyalty to his Master the King of Great Britane for why Because contrare to the doctrine of Christ and the Apostles and the sense of all the primitive Christians he acknowledgeth the King of Britane to be a distinct King from the Roman Emperour and not to depend upon him They never taught that Britane and Irland should be ruled by a King distinct from him and that these Islands should be separate from the Roman Empire and so the King holds his Crowne by usurpation and by an irreligious secession from the Empire which neither Christ nor his Apostles ever taught and must not this man and not we acknovvledge Iudas of Galilee and Theudas to be his Masters For they taught especially the first as Iosephus and Ruffinus out of him shevv us that no tribute should be given to the Roman Emperour and he vvil do the same and say that it should be payed to king Charles the II. Next his adversary vvould tell him that if this were held and maintained as a poynt absolutely necessary to salvation then his argument vvould say something But seing it is only held as lavvful and according as providence determineth it to be convenient or inconvenient to be practicable it is sufficient if the doctrine of the
Prophets and of Christ and his Apostles do not condemne it as simply sinful And that by this argument of his it should be utterly unlawful now for Frame and Holland and other adjacent Countreyes to joyne together in one and proclame King Charles their Soveraigne Lord and King because neither Prophets nor Apostles taught any such doctrine that many several societies should joyne together under one head And who is a friend to the Kings greatnesse now If this man be worthy of his wages let all the World judge Moreover they would tell him that in the dayes of some of the Prophets there was a greater dissipation and secession then any that is now desired when the Ten tribes separated themselves from the other two in the dayes of Rehoboam and erected themselves in a distinct Republick under a distinct Supreame Magistrate and we finde not this reproved by any of the prophets yea we finde a Prophet sent to tell Ieroboam that God would give him Ten Tribes 1. King 11 ver 21. c. and when Rehoboam would goe and reduce them under his subjection by the power of the sword we finde another Prophet sent to disswade him in the Name of the Lord 1 King 12 ver 22 c. and saying that that was from the Lord. And sure this positive is as forcible as his negative And furder even in the dayes of the primitive Christians the Roman Empire was divided and how it is now subdivided and re-subdivided into many fractions we all know and can he shew us where any of the godly zealous Christians and servants of God spoke against this as a seditious practice But is may be that he vvill prove this assertion though not dissonant to Religion yet dissonant to sound reason Let us hear hovv he doth it For sayes he Pag. 5. it hath a clear tendency to break in pieces all humane societyes which no wit of man can preserve from dissolution if this principle be drunk in For by this Man's opinion the judgement of the pervesion of the ends of government is put over to the discretion of the sufferers of prejudice and they are accordingly to determine their actions and nothing should hinder them but want of probable capacity to through their work But poor Man as he hath made shipevvrack of faith and of a good conscience so hath he made shipvvrack of his reason also for his adversary vvould novv think the cause vvon For grant once that a secession and separation may be made vvhen the ends of government are manifestly perverted and they vvill seek no more for they vvill readily grant it ought not to be vvhen there is no just cause suppose that a great part should in their discretion judge there were real cause And where is he now Where is the position that is so dissonent to Religion and Reason Will he also owne it Did Naphtaly say that when ever a few of a society thought in their judgement of discretion that the ends of government were perverted they were replased into their primaeve state of liberty and free to make separations from the old society and associate into new combinations And since he did not say so how can this advocate make his position appeare dissonant either to Religion or Reason But the man let him be never so well hired is obliged to reason no better then he can Let him grant and he cannot well deny it that it is lawful for a great society to divide into two or moe lesser when the ends of government are really and manifestly perverted in that greater society so united and his adversaries will soon satisfy him if he be rational or a man fit for society who will be ruled with reason concerning the judgement of that perversion He but exposeth himself to pity when he cryeth out taking also God's name in vaine To what times are we reserved wherein the unmeasureable and aciousnesse of Men dar present such poyson to a Christian People and to attempt the breaking them in pieces by such doctrines which both Religion and sound Reason abhorres For no body hath either seen Religion nor found Reason alleged against that position which he sayeth Naphtaly setteth down But we will see more of this vaine Man's ridiculous ranting in the following words Dar this libeller so speaketh this non-sensical railer say that this is a fundamental constitution of political societies that at the arbitrement and lust of any minor part of private persons pretending a perversion of the ends of government a pretence that will never be wanting to Malecontents and Malapert wicked ones Even Katherines and highlandish theevs and it is real to them if they themselves be admitted judges they may make secession from the society in which they are imbodied and renunce their obligation to the government thereof Now he soares high in his scurril rhetorik and as ornaments of his discourse he must bring in his Katherines and Highlandish theeves but to what purpose is all this superfluity of vaine empty words Where or when said Naphtaly That that was the fundamental Constitution of politick societies What rational Man ever said so Is this the only thing which he denyeth Sure he is an ill maintainer of the union of his Majesties dominion for his adversaries will grant all this and yet say and be able to maintaine for any thing that he hath said that when the Ends of government are maniâ—estly and notoriously perverted people relapseing into their primaeve liberty and privilege may according as the exigent of their case requireth associate into new societies for their defence and preservation But he addeth pag. 6. Suppose there be a breaking off upon that pretension which will never be wanting to cover sedition and confusion of perversion of the ends of government the party making secession may haply meet with the same measure they gave for if a minor party arise among them with the same accusations must they not have the same privilege And where shall there be a stand His adversaries would soon reply that whatever be in that absurdity it doth not concerne them for they plead not for a dissolution upon a meer pretension of this perversion And beside they plead not for it even where there is a real and not our perversion as a thing necessary which they must goe about never once consulting whether it be expedient or inexpedient and whether they see a more feazable way of attaineing the ends of government without such perversion after the separation is made them before or not But only as a thing lawful which may be done when they see it most convenient for the ends of government And when they walk by this rule and principle they will soon see where to make a stand For they will finde that the crumbling of Societies into too many and too small bodyes would put them as far from attaineing the ends of governments as they were while associated in a greater body And this is
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 sâ—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 â—e the Nobles and Parliaments to hearken to this What absâ—â—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
teaching should be so far transported as to take the circumstantials of Religion for the greater and weighty matters of Law and Gospel without which known and beleeved none can come to God Can we think or can any but this wretch who feareth not God think that the observing of sacred Covenants made about the life and substantials of Religion as well as more external things is no great and weighty matter of the Law No humble understanding seeker of God but though he knoweth there is a difference betwixt the circumstantialls of Religion and the weightier matters of Law and Gospel yet as He will not account every thing circumstantial which this circumstantially substantial Prelat vvil call so so He vvill have a tender regard to every thing vvhich Christ hath appoynted in his house But I pray vvho can take his Man for one of these meek people vvho hath the promise of God's teaching vvho to obtaine a bishoprick a circumstantial in his account but really to him and his collegues a substantiall sappy thing to sensual carnal Epicures and bellygods and to such as care for no other portion but one in this life hath sold and given away the most weighty matters of Law and Gospel both And how he shall then come to God unlesse he repent I see not It may be the needle headed casuist hath found out a new way and if not sure and saife yet to his experience easy and honourable viz. by ascending from a Presbyter to a Prelate But whither next Exitus acta probat either backward or headlong downe the precipice Againe Who can think sayes he that an intelligent people should account that the concernes of Christ's Kingdome and their owne salvation do lye with so much stresse upon this poynt that the weakest and most ignorant Minister shall have a potestative parity with the Man of greatest gifts learning and knowledge that the minister weakest in his prudentialls should have equal authority in the managing of the matters of God's house with the wisest and one of the most noted prudence that the youngest rawest and most unexperienced Minister should have as much power in ruleing the house of God as the Man fullest of years whose judgment is consolidated and ripened for government and who hath for a long time given such documents of good and wise behaviour that makes him fitter to rule the younger sort then to be ruled by them Answ No doubt but ye are the people and wisdome shall die with you yee are the Men of greatest gifts learning and knowledge viz. to devoure cups loose the knots of Govenants and to lead people the broad way to hell you are the wisest and most noted for prudence in that carnal wisdome which is enmity to God and in that worldly way of selling soul and conscience to purchase greetings in the high wayes high places honours revenues Court stations Court rewards and Court complements c. You are the Men fullest of years whose judgment is consolidated ripened for government giving for along time documents of good and wise behaviour having not only your judgments stupidly blinded but consciences seared and ripened for a dreadful plague and of this have you for a long time given sufficient documents by shewing how chamelion-like you can change all colours and how wittily you can turne with all tydes and have a behaviour suteable for all companyes but the company of God's people O ye Seraphical Divines or or rather Dunces O ye sufficiently qualified for a bacchus barrel O ye sublime Doctors of the blake art of perjury O ye learned Clerks in the mysteries of the Kingdome of Darknesse O ye whose prudence is to saile with all windes O ye Men of judgment consolidated into a stone having no conscience and far lesse piety Doubtlesse you are the Men the only Men fit for the sole possessing of that potestative power and authority to manage the matters of God's house and to rule the young stirplings But every tree is known by its frute and whether your singular Antichristian supereminency or the Apostolick parity hath best mannaged the matters of Christ's house the present overflowing and abounding of Idolatry Superstition Sodomy Adultery Uncleanesse Drunkenesse Atheisme Ignorance Profanity malignancy hatred of piety persecution of godlinesse and such like abhominations and the villannies of these debauched creatures the Curates will to all serious and soberâ— onlookers determine And by the present face of affaires together with all that which what is already come doth presage compared with what was seen while Presbyterian government was in any vigour and integrity will make all that feare the Lord see that more of the concerns of Christ's Kingdome and their owne salvation lyeth upon that very poynt of the discipline of Christ's house then by many hath been thought and will be a sufficient confirmation that this parity and not their domineering superiority was the only forme of government established by Christ and his Apostles Moreover he sayes Or who can see the prejudice to Christ's Kingdome and precious souls if such a worthy person as is described be intrusted with inspection over other Brethren and Churches in a reasonable bounds not with a dominative or lordly power but paternal and fatherly not to do after his owne arbitrement and as one unchallengeable in his actions but to be regulated by acts of the Church and Land and to be responsible to his Super tours in case of maleversation not to rule solely but with the consent and Counsel of Presbysers Answ By this Tyranny in the Church all may see what prejudice doth dayly come to Christ's Kingdome and to precious souls who will but open their eyes By what authority should any clame that power of inspection over others and that in a most unreasonable bounds Is the power of the present Lordly Lord Prelates paternal Sure they must be step Fathers then and that of the cruelest kinde Have not the present Lordly Prelats as much dominative and Lordly power as ever they had in Scotland And do they not rule and domineer in the Church after their owne arbitrement Who is to controle them unlesse the good King but a gentle curb in some or their jawes to make way for greater rage and Tyranny What acts of the Church are these which regulate them Be-like the lawes acts which their owne lusts make within their owne breasts for they are the Church the holy Clergy and who but they Who are over them as Superiours Sure none but the King in their account and to him must they be responsible and if they forget not the Court-art but laboure to keep some chief courtiers on their side they know all will be well and they will hear no rebukes but well done good and faithful Servant but no Church judicatory is over them But Zion's King is above them and their Superiour also and he will call them to an account for their usurpation and Tyranny He tells us they rule
co-active power in matters of Religion for notwithstanding of what he sayes the pleaders for universal toleration have the same door open they had 2. If he will deny this discretive judgment in matters of sufferings he must deny it also in matters of acting for if no man must judge whether the violence offered him be just or unjust why should a man judge whether the commands enjoyned him be lawful or unlawful And so as he may not so judge of the violence offered him in the matters of Religion as to repel unjust violence with violence neither must he judge of the lawfulnesse of the commands concerning Religion so as to refuse obedience to unjust commands And then it will follow that subjects must yeeld blinde obedience to all the commands of the Magistrate in matters of Religion and never question any of them This I grant is not to plead for absolute toleration but it is clearly to plead for absolute tyranny over consciences fit to be heard and received by Atheists but by none else 3. We know the most lawful thing may be abused and he dar not say that every one who pleads for a lawful thing pleads also for the abuse of it He who sayes a man must not change his true Religion at the command of the Magistrate doth not say that a man must not change that Religion which he thinketh in his conscience is the true Religion and is not at the command of the Magistrate So he vvho fayeth a people may defend their true Religion when the Magistrate is violenting them in it Sayeth not that every Sectarian company may defend that Religion which they take to be true and is not when the Magistrate is violenting them in it We say not that an erring conscience obligeth or that a man's thinking that he is injured in the true Religion is sufficient ground to engage him in violent resistance And he himself dar not say the Religion as reformed in doctrine worshipe discipline and government which the late defenders owned is a false Religion Nor dar he say that the corruptions which they opposed were the only true and necessary Religion He seems to chant some other thing here and there in this part of his pamphlet but we look for more in the following parts where we shall have his minde more fully Sure the Religion they owned and we stand for was the Religion he himself once owned and all the Magistrates Supreme and inferiour sealed and approved with their oathes and subscriptions And the corruptions they and we oppose were once by himself and all ranks of people of the land abjured oftner then once So that all this is but to raise dust in peoples eyes to the end they may mistake the way Againe sayes he does not this man plainely professe to stir up all with whom he can prevaile to violente others Magistrates Church-men people and all in the matter of their profession Answ Their profession is manifest and professed perjury for they have renunced the reformed Religion which they once owned and avowed with hands lifted up to the Most High and their extant subscriptions beare witnesse against them and all the congregations and publick meetings in which this Religion was owned are witnesses above all exception And they have with the dog licked up their vomite which once they spewed out with an oath of abjuration 2. But wherein are they violented Do they that stand to the defence of their Religion and labour or endeavour to have corruptions formerly abjured purged out incurre the crime of violenting others Yes for sayes he even private men are stirred by bloody exhortations to be revenged on and punish all Magistrates and others whose blood they thirst for because of their not being of their way which they call Religion Answer This is but one of many of his bloody assertions savouring neither of Christianity nor prudence but much of cruelty and tyranny and we see his teeth and his tongue both But the judge of the innocent heareth and seeth 2 Did not this perjured wretch and his fraternity call this way Religion and the true Reformed Religion when they swore those Covenants will he now come speak thus O but he must have a brazen face an abdured conscience Ay but he tells us afterward Pag. 48. that Whether truth lye on our side or his as to the poynts of Church government is the question and if we will not admit publick powers and authorities to be judges in that matter far lesse have they reason to admit of privat persones Answ 1. It seemeth it is past question with him that the vomite which he hath licked up is the most fatning morsel that ever he gote but the most fatning food is not alwayes the most wholesome And I fear this shall prove so to him if he repent not when for it the wrath of God and the long broad curse shall enter into his dwelling place and into his very soul 2. We are content the stresse of the businesse lie upon that question and shall be glade to hear what spirits his new food hath put into him to maintaine that condemned and abjured cause 3. We look not upon our publick powers and authorities as Judges competent in that matter nor did they judge as Judges should have done when they set up that abhomination but as men mad on their idols so did they run to please he knoweth whom 4. This is the very thing which Papists say anent the judge of controversies save that he puts the civil Magistrate in place of the Pope 5. This controversy is not to be judged till now and privat persones may be sufficient judges of what was sworne and subscribed by King and all rankes of People and must have more solide grounds and motives to induce then to renunce what they have been fully perswaded was truth and have owned as such under the paine of damnation by their solemne Oathes and vowes then the meer vvill and command of a Creature as obnoxious to errour mistakes as another And as for vvhat he hath a minde to say upon that head it is novv a little too too late unlesse he be able to do vvhat never one before hath done viz. prove that forme of government the only necessary government Iure Divino perpetually binding all in all ages but the vulgar vvill have a sufficient antidote against all vvhich he can say by seeing hearing vvhat they have seen and heard these yeers bygone both vvhen this abhomination vvas but about to be introduced and since it hath gote up to its pinacle though nothing should be said of the abhominable scandalous carriage of such as have imbraced that Antichristian course a true historical relation of vvhich vvould make the eares of all true Christians to tingle His 2. note is upon the probable capacity which Naphtaly spoke of this brings to his minde Bellarmin's excuse why the ancient Christians took not armes against
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