not avovvedly exercised that cuivis licet supplicare protestari yet the late Parliament concluded contrary to the lavv of nature and nations That petitions vvere seditious and treasonable So that hovv arbitrarily soever King or Parliament yea or Council or any deputed by them did rage or should opprresse injure the Subjects vvhether in conscience body or goods there vvas no remedy nor hope of redresse no petition or supplication how humble soever might be once presented by the grieved subjects yea nor durst they meet together to poure out their complaint unto the God of heaven the hearer of prayers the righteous judge of heaven earth What height of opprression tyranny this is Let all the vvorld judge Twelvethly It is uncertaine yea much doubted if Sr. Iames Turner that singular instrument of barbarous cruelty had any commission form King or Council impovvering him to such illegal exorbitancies whatever he might have had under hand from some Members of Council vvho had most sold themselves to cruelty and to the utter extirpation of all who would not run vvith them to the same excesse of riot sure if any such thing be the records vvill manifest it but since they cashired him and some of his associats and made an offer of causeing him ansvvere for vvhat he had done it is very probable he had no formal commission for vvhat he did and yet since he and others are permitted to live after such crueltyes barbarities and un heard of vvickednesses and no reparation made to the persones injured it is certane he is but too vvell approved in all he did and of vvhat use this shall be vvill appeare afterward Thirteenthly The intent and designe of those poor people who rose in armes was not to dethrone the King to enjure him or to lessen his just and legal authoritie but to resist repel and defend themselves from unjust violence and oppression and to seek reparations of the wrongs done them and the removal of that detestable and abjured Hierarchy the establishing and upholding of which as it was is a great provocation of the anger of God against the land so it was the fountaine and rise of all these horrid oppressions which they suffered and of the making of such grievous statutes and establishing iniquitie into a law and was to be a lasting cause and occasion of violent unjust and illegal oppressions and intolerabel vexations to all the faithful of the land and withal to have security for their lives lands libertyes consciences and Religion conforme to the agreement made with his Majesty and the National Covenant and the Solemne league and covenant which he solemnely swore once and againe and vowed and promised to defend and prosecute in all their ends and that for this end all such lawes made for prelacy and against the work of God and the reformation which through Gods blessing we had attained to might be repealed annulled and rescinded This and nothing else could be the intent and designe of these valient though naked worthyes That they intended no harme to the King or to his just lawful government authority is notoure by the last speaches testimonies of such as were apprehended publickly executed the petition Which they sent in to the Council with William Lauwry Tutor of Blakewood doth aboundantly testify that they would have had the free exerciso of their covenanted Religion freedom from the domeneering tyranny of Prelats their adherents their renewing of the League Covenant doth sufficiently cleare that they intended no insurrection or rebellion against the Kings just and lawful authority for they swore to defend the Kings Majestyes person and authority in the preservation and defence of the True Religion and libertyes of the Kingdoms From these considerations we shall now lay downe the true state of the question thus Whether or not when the whole body of a land Magistrats higher and lower People are engaged by solemne vowes made to the most high God joyntly severally to promove a reformation and to extirpat Prelats the same covenanted work is becom a chief corne stone of the constitution of the Kingdom and one of the mane conditions on which the King is installed on his throne and when these same Magistrats Supreme and inferiour renunce their covenant with God and with the People overturne the work of reformation formerly sworne to make lawes and statutes to fortify this defection to compel all their subjects to run to the same excesse of perjury and wickednesse and execute these lawes upon the faithful stedfastly loyal subjects not in a civil orderly manner but most imperiously and tyrannically with meer force cruelty and the edge of the sword of souldiers leavied of purpose for this very end to crush and oppresse all such as made any conscience of their vowes and engagements unto God and when these barbarous souldiers exceed their commission or oppresse plunder harash spoile rob and pillage the people and lay waste the land without law or expresse order from King or Parliament yea contraire to the expresse letter of the law and when the oppressed have not so much as liberty to supplicate or petition for help or releefe may privat persons without the conduct of a Parliament stand to their owne defence against unjust illegal oppression and tyranny and oppose such as without expresse commission endeavour their utter ruine and destruction though pretending warrant from the superiour Magstrats and allowed of them and seek a redresse of these grievous intolerable injuries and liberty for the free exercise of the covenanted reformed religion with the extirpation of abjured Prelats the spring and fountane of all these miseries already come and to be feared while in the mean time they intend no harme to the supream Magistrat's person or just authority but sweare to mantaine the same in the defence of the true religion and liberties of the Kingdome Or a if you will have it shorter Whether or not when King and Parliament and Council have abjured a covenant overturned a reformation which they solemnely swore to defend in their places capacities and made their subjects do the same and now with illegal force compel the subjects to the like perjury and wickednesse may these privat subjects when there is no hope or possibility otherwise of releefe stand to their owne defence and withstand the mercylesse cruelty of their bloody Emissaries acting without their commission or with their allowance yet contrare to expresse law and seek releef and security for Religion lives lands and liberties having no intention to wronge the King's person or just government That this is the true state of the question is abundantly cleare from the particulars forementioned and I think no Scottish man who knew the then state of affaires and hath not renunced common sense and resolved to beleeve nothing though he should both heare it see it and feele it and it were as
the 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
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
faction which hath now destroyed the work of God and those Rules mentioned And what lyeth latent under board the Lord knoweth 4. He asketh the question if any of the People of the Land be spoiled of their lawful civil libertyes As if a man should enquire if the Sun were risen at twelve houres of the day Our Religion reformed in doctrine Worshipe Discipline and Government which was one of our maine civil most lawful libertyes is taken from us The liberty of supplicating which the Law of God the Law of Nature and the Law of Nations allow it taken from us The liberty of free election of Members of Parliament was taken away Liberty of protesting in Parliament was taken away The Kings prerogative is screwed up to such a hieght that it overturnes the true native libertyes of the Subjects Many honest Subjects are cast into prisone no transgression being once alledged far lesse proved against them The due exercise of their Religion as was covenanted is taken away Lawes are not executed in a civil manner as they ought to be among free Subjects Iudicatories are set up and erected without the consent of the People or their Representatives Libertyes and Privileges of brughes and such incorporations are taken away unlesse they will renounce and abjure a lawful religious and necessary Covenant The free exercise of justice especially against Nobles is stopped The Lieges are not ruled by the Lawes of the Land but by the arbitrary will and lust of few Prelates and the privy Council Will he ask now if our libertyes be taken from us or will he call these unlawful 5. He asketh in the next place what one thing the King hath done without consent of the Peoples Representatives in Parliament at vvhich any may except as a grievance It seemeth he is either of a very short Memory or he thinks the High commission-court a very small inconsiderable businesse for the consent of Parliament vvas never had unto this inquisition-court neither of old nor of late And yet this was such an heavy yoke of bondage that made all the land to groan and against which as a most intolerable grievance all the corners of the countrey could give in their exceptions And as for this late Representative so called they have enacted many things contrare to their power and turst as vve have shewed No power under heaven could enact what they have enacted No power under heaven could anul condemne and rescinde lawful Covenants made with the most high God They were not in tuto to rescinde and anull unalterable lawes more firme and fixed then any Lawes of the Medes and Persians For lawes confirmed with oathes and solemne vowes to God are not ambulatory as other politick lawes And therefore all the lawes being good and necessary in their owne nature by the supervenient addition of an oath confirming and ratifying the same became absolutely unalterable by any Man or company of Men whatsoever So that all the lawes made by King and Parliament to the prejudice of the Covenanted work of reformation are intolerable grievances dishonourable to God and prejudicial to the welfare of the Subject and to which neither People nor their Representatives real of supposed could ever lawfully consent 6. He asketh what burden he hath laid upon their Estates but by Law But this is a vaine florish seing all that know what that Parliament was know how prone and ready it was to devote if it could unto the lust of the King the Souls Consciences Estates and all which the Subjects had little regairding either the true liberty or reall advantage of the People CAP. XVII The Objections of others examined WE have now examined all which this Surveyer hath said against us in the poynt of resistence yet that we may satisfy if possible all persons and partyes touching the lawfulnesse of this act of private persons defending themselves and their Religion from manifest Tyranny and oppression we shall remove likewise such other objections as some others are pleased to make use of and which our Surveyer hath possibly forgotten to adduce 1. Obj. Subjects are obliged to performe all dutyes of obedience and fidelity unto their Magistrates and albeit the Magistrates turne a manifest Tyrant every one cannot loose that obligation at his owne hand Hoen Disp Pol. 9. Thes 55. Ans 1. Subjects as we have seen are but conditionally obliged to performe these dutyes unto the Magistrate and not absolutely whether he play the Tyrant or not by Hoenonius his owne confession 2. Though each particular person can not loose the obligation when he will yet when a Tyrant hath by his acts of tyranny loosed the obligation upon his part a body of a People or a considerable part thereof may defend themselves against his tyranny as if there were no obligation betwixt him and them 3. Though the obligation stand uncancelled and not abrogated resistence may be granted for a Sone may resist his Father and a Wife her Husband though the obligation continue firme and not dissolved Obj. 2. By this meanes a window should be opened to all seditions conspiracyes and rebellions Hoen ubi supra Ans Incommodum non tollit argumentum The abuse of a liberty doth not destroy the liberty 2. By this argument absolute and unlimited obedience might be pressed lest if private persones might refuse obedience a door for all sedition and disobedience should be opened 3. By the contrare assertion a door shal be opened to all Tyranny and oppression which should tend not only to disquyeting of the peace but to the ruine and destruction of the Common-wealth Obj. 3. Subjects are to pray for their Magistrates Hoen ibid. Answ True but the consequence is naught Therefore I may not resist them when they tyrannize and oppresse unjustly it doth not follow I must pray for my equalls and inferiours and open enemies whose unjust violence I may notwithstanding resist Obj. 4. A son may not do violence to his Father though never so unworthy for no impiety can be punished by paricide Far lesse may violence be done to the Prince who is the Father of the Countrey Hoen ib. Answ 1. This simile helteth as we have shewed 2. If the Father abuse his power the law will deprive him of it L. 6. Lenones L. 7. C. de Inf. expos L. 2. C. de Parent qui Fil. distrax L. 2. de his qui sunt sui vel alieni Iuris § sed Domin Iust. D. Titul L. ult si quis a Parente manumissus 3. The simile is for us who plead only for resistence as we shewed not for killing and destroying Tyrants 4. If the Sone be a Judge and the Father a malefactor the Son must execute judgement on the Father Obj. 5. Destroying of the head though it be sickly and tender tends to the destruction of the whole body Hoenon ibid. Answ There is no such connexion betwixt King and Subjects as betwixt Head and Members of our natural bodyes A Tyrant may be
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
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
Wife And say that he had an equal power over his Subjects with that which the Husband hath over his Wife which is false yet the connexion will be firme as to a lawfulnesse in this case as wel as in the other 3. If there be not such a connexion betwixt the Soveraigne and his Subjects as is betwixt the natural Head and the Body Then it can no more yea far lesse be an unnatural thing for Subjects to defend themselves against the violence of distempered Princes Who seek directly to destroy the Commonwealth when necessity doth urge Then it is for the members of the Body to defend and fortify themselves against danger paine or sicknesse occasioned by a distemper of the braine yea and with violence seek to cure remove that distemper in the head that is like to destroy the whole body 4. If the Soveraigne hath not a Lordly domination masterly power over his Subjects but they be is Brethren not his Slaves and if the very Law will allow Servants to defend themselves against their Lords and Masters L. Minime 35. de Rel. sumpt funer and no man with us will account it unlawful for servants to defend themselves against the unjust and violent assaults of their Lords and Masters Then farr lesse can it be accounted unlawful for private Subjects to defend themselves when constrained with necessity against the unjust assaults of the Soveraigne or his emislaries But the Antecedent is cleared and confessed Ergo. 5. If the Soveraigne have no despotick or Masterly power over the goods and heritages of his Subjects as we have proved Them very lawfully may they defend their lands goods and heritages from the violent and unjust oppressions of the Prince or his emissaries sent out to plunder rob destroy their corns cattel goods land summes of money c. 6. If the Kingdome be not his proper heritage nor he proprietor thereof as was shewed Then when He or his Emissaries come to destroy a considerable part of the Kingdome and to alienate the profites and emoluments thereof unto others then the proper owners and proprietors unjustly Then may that part of the Kingdome lawfully resist these unjust oppressours and invaders defend their owne 7. If He be not so much as an usufructuary of the Kingdome then when He laboureth by his Emissaries to waste and destroy the Kingdome or any part thereof by unjust violence private Subjects may resist that unjust violence and oppose his oppressing Emissaryes If a Master may hinder his usufructuary tennants who would deteriorate the land which they possesse by compact Then much more may subjects resist the Princes Emissaries when labouring utterly to spoile and lay waste these lands whereof he is not so much as an usufructuary 8. If the King's power be only fiduciary as is shewed Then when that power is manifestly abused and the pawne which he hath gote to keep in imminent and manifest danger lawfully enough may he be resisted When the Lives the Liberties of the People or their Religion is committed unto him as to a publick Tutor Watchman or Servant He what through negligence what through wilful wickednesse laboureth to destroy and undoe and overturne all very lawfully may Subjects in that case of extreame necessity seek to secure the Necessary and desireable things and resist his fury and unjust violence who contrare to his oath and promise seeketh to have all overturned and ruined Althusius pol. cap. 38. n. 39. speaketh well to this saying Octava ratio sumitur a natura contractus mandati quo summa Magistratui administratio est delata à populo ad hoc ut Reip proâ—it non ut noceat Rom. 13. Vasq lib. 1. c. 44. n. 6. c. 1. 2. Illust Contr. quando igitur mandatarius fines mandatiexcedit non illi obligatus est mandator § 15. qui Just de Mand. Luc. 16 1 2 3 c. quando conditio status fortuna mandatarii mutatur in deterius L. si quis cum de procur L. cum quis desolut Aut mandatum a mandante revocatur vel ipse mandans agere tractare negotium incipit ut tradunt J. CC. Vide Vasq Lib. 1. c. 43. n. 5. c. 4 n. 12. Illust Controv. What he addeth is worth the reading CAP. VIII The Peoples saifty is the supreme Law The King is not absolute Hence some Moe Arguments THat salus populi est suprema Lex is asserted by the law of the 12 Tables The worthy author of Lex Rex hath fully confirmed this truth and vindicated it from the exceptions and false glosses of the Royalists Quaest 25. And therefore we need say lesse to it especially seing this Surveyer hath nothing against it that I have observed That it is a truth That the peoples saifty is the cardinal law hence appareth 1. That the attaineing of this end was the maine ground and motive of the peoples condescending upon the constitution 2. They levelled at his end in makeing choyse of such a forme and not of another for had they thought another fitter for their temper and more conduceing for their good they had not pitched on this but on that 3. with an eye to the saife and sure attaineing of this end proposed and designed they made choise of such persones and of none else 4. upon this account did they condescend upon that manner of conveyance of the supream authority which they thought best 5. For no other end was it that the Prince was limited and bound unto conditions 6. The end being alwayes preferable to the meanes as such The Peoples saifty which is the end must be preferred to all such things as are made use of as meanes conduceing to this end 7. By the very Law and institution of God the Magistrate is ordained for the Peoples good Rom. 13. ver 4. and to this end next to the glory of God unto which we alwayes give the preference is he direct all his publick actions as a Magistrate and by this is he to stirre his course in governing the helme of the Republick 8. Hence it is that all the municipal lawes of the Land are made renewed corroborated explained or rescinded and annulled so as they most conduce to this great end which is ever anima ratio Legis 9. Hence also it is that no law in its letter tending to the hurt and detriment of the Realme is or can be of force 10. Hence it is that the Soveraigne in cases of necessity may neglect the strick observation of the letter of the lawes and for the good of the community neglect private mens interests Finally the very law of nature requireth this as Boxhornius Inst Polit lib. 1. Pag. 25. tells us Doctor Sanderson in his book dc obligatiâ—ne conscientiae praelect 9. 10. laboureth to put another glosse upon this axiome But he may be easily answered for we shall readyly grant with him that by saifty here is not meaned dignity or liberty in
of their accounts should imbrace professe and practise the truth of God and the true Religion reformed in doctrine vvorshipe discipline and government Though King Parliament and Council should reject and condemne the same and countenance or command and authorize the practice of idolatry superstition or any false way in the vvorshipe of God or in the doctrine and discipline For no lavv of man can vvarrand iniquity no act or constitution of any Magistrat under Heaven can rescinde or invalidate the mandats of the King of Kings or exempt People from obedience due thereunto No true Christian whatever court flatterers atheists may do can deny this 7. Nor can it be denyed That in Kingdomes or Commonvvealths vvhere once the True Religion reformed in doctrine vvorshipe discipline and government hath been received publickly imbraced approved and countenanced by authority ratified by lavves statutes acts declarations proclamations oathes vovves and engagements Though the Magistrates Superiour and inferiour should turne Apostates from that Reformed and received Religion and by their lavves condemne the same and establish corruptions and enforce corrupt practices by penaltyes yet it vvere the duty of all Subjects vvho had any regaird to the matters of their ovvne salvation to adhere to the truth once received and established and vvorshipe and Serve God after the right manner and refuse to obey these iniquous lavves Will any deny such a truth as this except such as have sold soull consciences and all unto the lust of Men or think there is no Religion but vvhat King and Parliament vvill have and consequently if they should enjoyne the imbraceing of Mahomet's Religion or the vvorshiping of Sun Moon and Starrs or of Satan himself obedience must be yeelded 8. If in the forementioned case The Magistrates Superiour and inferiour should combine together and conspire against Christ and his interest and should not only by their acts and statutes banish him and his glorious interests out of the Kingdome but also by their cruel executions labour to force constraine and compel all their subjects or a part of them to the renunceing of the formerly received and avowed truthes and to the imbraceing of the introduced corruptions and so to run with themselves unto the same excesse of iniquity perjury and abhomination Then it is lawful for these Subjects so oppressed persecuted and abused for their constancy in adhereing to the truths once received contrare to all engagements vowes and Covenants to defend themselves against that unjust tyranny and rage and maintaine the reformed truth which is unjustly violently taken from them by force when there is no other probable meane left for them to essay nay when liberty to supplicate or petition is inhumanely and severely under the very paine of Treason discharged The reasons are 1. because we have shewed above that it is most lawful for Subjects to maintaine their lives persons and Estates against the unjust violence and tyrannical oppression of their enraged Magistrates And if that be lawful this must also be much more lawful for as the soul is much more precious then the body so matters that concerne the soul should be preferred to such things as concerne the body And therefore Religion which is necessary for the life of the soull should be with no lesse Zeale care and industry maintained and preserved pure and uncorrupted then what concerneth the lives of our bodyes 2. It is lawful for Subjects to maintaine their natural and civil libertyes by force when no other way can be used lest they and their posterity after them should be redacted unto a state of perfect slavery and bondage worse then that of the Israilites in Egypt And shall it be unlawfull to fight for the defence of Religion wherein is comprised all true and desireable liberty and to save posterity from tyranny and bondage in their souls and consciences much more dreadfull and terrible then the most insupportable and bitter bondage of the body imaginable Shall men be allowed to fight to preserve their owne bodyes and the bodyes of their posterity from the slavery of men and shall they not be allowed to fight that they may preserve their owne soulls and the souls of their posterity from the tyranny of Satan Who but such as either think they have no soulls more then beasts or know not the worth of their souls will deny this consequence 3. It is lawful for Subjects to defend their lives and libertyes in order to the defence of the true Religion and the interests of Jesus Christs when their losseing of these should certanely tend to the losse of Religion Ergo It cannot be unlawful to defend Religion which is the maine and principal thing 4. If it be lawful to maintaine the interests of a King against an usurper whether a stranger or an inferiour Magistrate who is under the King and is seeking to eject him and his interest contrare to his faith and trust Then much more must it be lawful to defend Christ Iesus and his interest when King and Parliament contrare to their sworne allaigance unto him have rebelled and are seeking to dethrone him by their wicked Lawes and Ordinances and to banish him and his interests out of the Kingdome by their tyrannical cruelty inhumane and mercilesse executions Will any deny this but ingrained Atheistical Malignants whose chief character hitherto hath been to preferre man's interest unto Christs Or such as have renounced all faith and loyalty unto the King of Kings and have set up a creature as their only God whom they minde to Worshipe and adore and for whom they minde to fight against all breathing and against the God of heaven also But their weapons shall fall out of their hands when They shall feel the lighting downe of his arme with the indignation of his anger and with the flame of a devouring fire and with scattering and tempests and hailstones and when he shall cause his glorious voyce to be heard If any should Object That because Christ's Kingdome is not of this World therefore his Servants should not fight for him It is easily answered That as hence it will follow that Religion cannot be forced by the sword upon any So it will not follow that Religion should not be defended for then Magistrates should not defend Religion nor Christians should not defend their Religion against the Turks Which is false And hence 5. If it be lawful for People to defend their Religion against an army of infidells Mahometans or Papists invadeing the Land of purpose to spoile us of our Religion and to force us to imbrace heathenisme Turcisme or Popery Then it must be lawfull to defend the same true Religion against King and Parliament when they seek to rob the People thereof and force corruptious upon them because King and Parliament have no more authority from God to oppresse the consciences of their Subjects to corrupt Religion and force corruptions upon them then the Turk or the Pope hath and
therefore no lesse lawfully may they be resisted 6. If privat persons may resist and withstand the Prince and Parliaments when they sell them and their land and heritages unto a forraigner to the Turk or such an adversary Then much more may they withstand them and defend their Religion when they are selling it by their apostatical acts and thereby selling them and their Souls unto Satan the God of this World 9. When Religion by the constitution of the Kingdome is become a fundamental law and a maine article and cardinal condition of the established Politie and upon which all the Magistrates Supreme and Inferiour are installed in their offices Then may that Religion be defended by private subjects when their Magistrates have conspired together to destroy the same to enforce the corruptions of their owne braine The reasons are 1. because it is lawful to defend the just and laudable constitution of the Realme in so far as Religion which is a principal fundation-stone of this constitution is subverted the constitution is wronged and the fundations thereof are shaken 2. In so far the Magistrates are no Magistrates And therefore they may be resisted Magistrates I say in so far as they overturne the constitution are not Magistrates for that is a maine pairt of their work to maintaine it For upon the constitution hang all the libertyes and all the good and necessary Ends which People have set before their eyes in the setting up of governement and His owne being as such the subversion of that subverts all and declareth the subverter to be an enemy to the Commonwealth and an overturner of the polity and this is inconsistent with being a Magistrate 3. In so far as they overturne or shake the fundations they cannot be seeking the good of the Community but their owne with the destruction of the Common good and this is the mark and true character of a Tyrant And when they seek not the good of the Community they cannot be looked upon as Magistrates doing their duty but as Tyrants seeking themselves with the destruction of the Commonwealth Therefore in so far they may be resisted 4. In so farr The compact the ground of the constitution is violated and as Magistrates in this case in so far fall from their right in so farr also are People liberated from their obligation so that if They become no Magistrates the Subjects become no Subjects for the relation is Mutual and so is the obligation as was shewed above Therefore in this case Subjects may lawfully resist and defend their Religion which is become the principal condition of their constitution and of the compact betwixt King and Subjects 10. Where Religion is universally received publickly owned and countenanced by persones in authority ratified approved and established by the lawes and authority of the land There every person is bound and obliged before God to maintaine and defend that Religion according to their power with the hazard of their lives and fortunes against all who under whatsoever colour and pretence seek to subvert and overturne the same and to hinder any corruption that King or Parliament at home or adversaries abroad would whether by subtilty or power and force bring in and lay hold on the first opportunity offered to endeavour the establishment of Truth and the overturning of these corrupt courses which tend to the perverting thereof And the reasons are because 1. When the True Religion is once embraced and publickly received That land or Commonwealth is really dedicated and devouted unto God and so in a happy condition which happy condition all loyal subjects and true Christians should maintaine and promove recover when nearby or altogether lost And therefore should do what they can to hinder any course that may tend to recal this dedication to deteriorate the happy condition of the Realme and to give up the land as an offering unto Satan 2. By this meanes they endeavour to avert the wrath and anger of God which must certanely be expected to goe out against the land if defection be not prevented and remedyed For if but a few should depairt wrath might come upon the whole much more if the Leaders turne patrones of this defection But of this more in the next chapter 11. Much more must this be allowed in a Land where Reformation of Religion in doctrine worshipe discipline and governement is not only universally owned publickly received and imbraced nor yet only approved authorized ratified and confirmed by publick authority and the lawes of the Land But also corroborated by solemne vows and Covenants made and sworne unto God by all ranks and conditions of People from the King to the meanest of the subjects in a most solemne manner and that several times re-iterated in which Covenants all sweare to Maintaine and defend this Riligion with their lives and fortunes and to labour by all meanes lawfull to recover the purity and liberty of the gospel and to continow in the profession and obedience of the foresaid Religion defend the same and resist all contrary errours and corruptions according to their vocation and to the uttermost of that power that God puts in their hands all the dayes of their life as also mutually to defend and assist one another in the same cause of maintaining the true Religion with their best Counsel bodyes meanes and whole power against all sorts of persons whatsoever And Sincerely really and constantly endeavour in their several places and callings the preservation of thereformed Religion in doctrine worshipe discipline and government The extirpation of Popery Prelacy Superstition Heresy Schisme Prophannesse and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse And to assist and defend all those that enter into the same bond in the maintaining pursueing thereof And shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terrour to make defection to the contrary party or to give themselves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdomes and the honour of the King but shall all the Dayes of their lives Zealously and constantly continue therein against all opposition and promote the same according to their power against all lets and impediments whatsoever Now I say in such a case as this when after all these engadgments and covenants a courte of defection is carryed on by a strong and violente hand by King and Parliaments and there is no meane left unto Private Persones when violented and constrained to a complyance by acts and tyrannical and arbitrary executions of either preventing their owne destruction in soull and body or preserving the reformation sworn unto or recovering the same when corrupted and of purging the land of that dreadful sin of perjury and defection They may lawfully take the sword of just and necessary defence for the maintainance of themselves and of their Religion This
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
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
difference in the cases Unto this I finde no ansvvere in special returned by the Surveyer unlesse Pag. 267. he mean Naphtaly vvhen he sayes But the Apolog. very paradoxically will maintain Pag. 159. That there is more reason to resist our own Magistrates then forraigners because our owne being bound to maintaine our profession his invasion upon the same is aggravate and he is rather to be resisted by violence then others for I finde no such thing in that place of the Apolog. by him cited and that vvhich I just novv mentioned out of Naphtali is indeed in Pag. 159. and though he miscite the vvords and vvrest them after his vvonted manner yet the Reader may see it probable that he intendeth Naphtaly Hovvever let us see vvhat he ansvvereth Thinksâ—e sayes he That it were soundly said that if parents should make disorder in the house that the children and rest of the family should use violence rather against them when they miscarry or waste the goods of the family then against a thief or a robber breaking in into the house Answ To passe by the unsuteablenesse of this Reply unto Naphtali's answer as if Naphtaly had concluded that there was much more reason for resisting our owne Magistrats then Forraigners while as an equality would have satisfied him as his words clearly import We say this to his reply That when he hath demonstrated to us that Children and Servants have as great right unto the goods of the family and as great power and privilege in setting up their Parents the heads of the family and of calling them to account for their mismanagement as we have proved Subjects have in the common good and in setting up of Soveraignes and in calling them to an account then shall his reply be noticed as having some parallel but till then we dismisse it with this answere that the simile as to our poynt is prorsus dissimile and can conclude nothing Yea let us turne is owne weapon against himself and say Seing Children and Servants may lawfully with force with hold the heads of the family when they in a fit of phrensy are labouring to destroy all to burne the house above their heads or to cast all the goods in the house into a fire and resist them no lesse then open enemies and robbers thinks he if soundly said That if Kings in a fit of madnesse Tyranny shal seek to destroy the common wealth wholly overturne all Religion to set up idolatry heathenisme the Subjects may not withstand them prevent their owne ruine and the ruine of Religion with force of armes when no other meanes can availe What will he say to this Will he deny this consequence If not have not we enough But he addeth The Authors error is this that he looks meerly to the obligation of the Magistrate to us and not at all to our obligation to him even when he fails abuseing his power Answ He looks meerly to the obligation of the Magistrate to us when he mentioneth the aggravation of his guilt of invasion upon that account And whatever be our obligation to the Magistrate which Naphtaly did not forget though he was not called expresly to mentione it then there it will not follow that it is an obligation unto an illimited and stupide Subjection to him in all cases and if the Surveyer prove not this vvhich I suppose he vvill not do he vvill prove nothing against us What more sayes he to this place of Scripture Pag. 267. after he hath given us in his vvay the meaning of these vvords of Christ to vvit That Christ proves his Kingdome not to be of this world by this Medium that if it were so his servants in the quality of his Servants should take up outward armes and fight for him c. Then he concludes that this text will enforce that Christ's Subjects meerly as they are in the capacity of his Subjects are not to use the sword against Magistrates that are over them in his behalfe And then sayes he allowes well of Mr. Hutcheson's note upon the place Christ sayeth he by hindering his servants to fight vvho vvere but private men as to any civil povver hath taught that private men are not vvarranted to dravv the svvord vvere it even in defence of Religion but they ought to maintaine it by suffering when called to that extremity Answ 1. We have showne already how this man's glosse and Mr. Hutchesons do not every way quadrate 2. If this text enforce that Christ's subjects meerly as they are in capacity of his subjects are not to use the sword in Christ's behalfe then He must either say that people even under the conduct of a lawful Magistrate can not defend Religion by armes which yet immediatly thereafter he granteth of say that when they defend Religion so they act not meerly in the capacity of Christ's subjects 3. As for Mr. Hutcheson's note which he opposeth to all our rebellious fancies we say we wish that that worthy author who hath given great proof of his dexterity in deduceing poynts of doctrine from the text had been after his usual manner more acurate here and had guarded his assertion better that it might have had a more clear rise every way answering the ground it was deduced from for sure I am this ground if it be at all against defensive armes in matters of Religion will as much speak against a defence used by Magistrates upon this account as by privat Subjects for the ground is the same to wit that Christ's Kingdome is not of this world and alike concerning Magistrats and people and is no more a temporall Kingdome in regaird of Magistrats then in regaird of private persons And upon the ground that Christ would not suffer his Disciples to fight for him at that time upon the same ground he would not have suffered even Magistrats to fight for him for he behoved to drink the cup that his father gave him And neither Magistrates nor privat persons could have hindered that by force or would have been permitted to do it by him And if it be said that from other passages it is clear that Magistrates who are noursing parents to the Church are allowed to use the sword We answere That we have also proved from scripture and reason that people in some cases may use the sword of defence for Religion Againe it if be said that his Disciples were but private persons as to any civil power and therefore it is only to be understood of these It is answered That it will as well follow That because they were fisher-men therefore it is to be meaned only of these and of none else or that because they vvere Church officers therefore only they must not use the sword and so all others may The last place which Naphtaly mentioned was Math. 5 v. 27. to the end where it is said Resist not evil but whosoever shall smite thee c. with the parallel places specially Rev.
13 v. 10. Unto which he answered That as these places do enjoyn either patience when the clear call and dispensation of God do inevitably call unto suffering without which patience were no patience but rather stupidity of c. So thence to inferre that Men should give way to all violence and sacrilege to the subverting of Religion and righteousnesse is after the manner of Satan to cheat and abuse men by the holy Scriptures The Surveyer replyeth thus I meddle not with his impertinent reflections and scurrile jibes nor vvith his groundlesse inferences vvhich vve have so oft met vvith in the former part The scope is to shew the unlawfulnesse of private revenge for injuries done to us and the place will condemne plainely enough violent retaliating the Magistrate when we think he doth us wrong Answ The scope of the place is obvious and doth no more condemne private persons retaliating the Magistrate then Magistrats retaliating privat Subjects unlesse Magistrates be exempted from this precept and consequently be not to be reckoned among Christ's followers And as from this place it will not follow that one independent King may not make war against another and thereby defend his rights nor that one private person may not defend his rights and just possessions against an invader no more will if follow that Subjects may not defend themselves and their Rights Libertyes and Religion against the violent oppression and Tyranny of Magistrats Next sayes the Surveyer Pag. 269. That every Man in his calling ought to withstand violence and Sacrilege to the subverting of Religion and Righteousnesse is granted Yea privat Men may resist the unjust violence of private Persons and being under the conduct of the Magistrate may resist any that offereth violence in lesser concernments then these are But we still maintaine that this text forbids all revenge or violent retaliation upon the Magistrate though he abuse his power Answ The question is not what he will still maintaine that this text doth forbid but what he can evince that this text will prove against us How will he prove that this text doth more forbid private persons to resist the unjust violence of Magistrats then to resist the unjust violence of privat persons or to resist the unjust violence of any having Magistrats to conduct them Is there any exception in the text Doth not the text speak to all in reference to all To wit that they should resist none out of a Spirit of private revenge Againe though the text forbid all revenge or violent retaliation upon the Magistrate though he abuse his power will it therefore forbid privat Subjects to defend themselves by force in case of necessity from manifest and unjust violence and Tyranny No no more then because the text doth forbid even Magistrats to revenge or retaliate from a Spirit of revenge wicked Malefactors It doth therefore forbid them to execute justice upon them Naphtaly did add that this was grosly to exceed that signal rule mainly in these places intended to wit that we should be perfect even as our Father which is in Heaven is perfect Who though he filleth the Earth with his goodnesse yet doth he love righteousnesse and helpeth and delivereth the oppressed and commandeth the Zeal of his owne glory wherein he himself doth often eminently appeare by the hand of his people to take vengeance on his adversaries To this the Surveyer replyeth What strange argueing is this that because God Almighty executeth vengeance upon his adversaries therefore private persons should follow his perfection in doing the like albeit they have not his warrand or command Answ Naphtaly's Argument ran mainely upon helping and delivering the oppressed Neither doth he conclude what private persons may do without God's warrand or command This he supposed because he had evinced it Then Naphtaly closeth saying Let us therefore in the consideration of what is said Rev 13 v. 10. He that leadeth into captivity shall goe Into captivity He that killeth with the sword c. Both possesse our souls in patience under all the former sufferings and hope and rejoyce in the faith of the succeeding delivery there subjoyned Upon this sayeth the Surveyer he would found the consolation and patience of his party in all former sufferings and his hope and joy in the succeeding delivery Answ And why might he not That word sayes he Rev. 13. toucheth not nor threatens the Magistrate in the executeion of justice but rebels who use the sword without God's warrand against the Magistrate may read their reward in this text Answ We say not that it threatens the Magistrate executing justice But let such see to it who instead of executing justice pervert justice and execute the innocent people of God And after the manner of the Beast there spoken of maketh war with the Saints And so may all rebels against God who use the sword without his warrand But as for privat subjects defending themselves by the sword of innocent self defence against unjust violence and intolerable tyranny and oppression we have proved that they want not God's warrand and therefore they may look for another reward And as for his hope and confidence after expressed we let it passe as not worth the mentioning for when the hope of the Hypocrit perisheth his is like to give up the Ghost Having thus answered all which this surveyer hath said whether in his first part or now in his second against the truth which we have maintained we may saifly say that these valient worthies were basely and unworthyly murthered that there was no just cause to take their lives This man pag. 260. c. Will not have them justified and adduceth for the most part such reasons as make me doubt whether he can be the same man that drew up the first part of this Survey because they are the very same things we heard before in the first part and is it possible the man could have forgotten himself or think that we could so soon have forgotten what we heard in the first part and had answered And if he be a distinct person I wonder what the man meaned to give us the same thing over againe did he ever read these in the first part or had he forgotten that ever he saw them Or thought he that they would have the weight of gold coming from his Mouth while they had not the weight of stuble being uttered by his collegue He beginneth that discourse with palpable untruthes saying That they suffered not upon the account of owneing the covenant Whereas the maine Argument of their indictment was That all convocations and riseing in armes or subjects entering in leagues without or against the King's authority are treasonable Then he tels us That all which they can say for their riseing was that the Magistrate by moderat penaliyes according to law was pressing them to attendance upon the ordinance of God which is an indispensible duty This we heard before and is answered Chap. XVI
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
obey him in the Lord. Peter Martyr also sayeth that not only King and People covenanted with God but the King also with the People and the People with the King and thereafter that the King was bound to rule the People according to the Lawes equity Secundum Iura Leges and the People promised to obey him Zanches more fully tells us there was a Covenant betwixt the King and the People as uses to be betwixt the Prince and Common-wealths The Prince undertaketh to defend the Kingdome Lawes Equity and to be a keeper and defender of the Countrey and of Religion And upon the other hand People promise obedience and fidelity and such expenses as are necessary for keeping up the Majesty of the Prince c. Now what sayes our Surveyer to this He tells us Pag. 96. That it was also made upon an extraordinary occasion extraordinaryes cannot sound ordinary rules Answ How doth he prove that it was meerly upon the extraordinarynesse of the occasion that this Covenant was made he might as well say that the crowning of him giving him the testimony making him King and making a Covenant betwixt the Lord and the King were extraordinary and so could not found ordinary rules yea and that it was extraordinary for the People to sweare allegiance unto him But he hath two things remarkable to his purpose as 1. That he is crowned made King before the Covenant is made which crosseth the antimonarchists who assert the King cannot be made King until he make the Covenant with the People that he gets the crowne and royal authority covenant wise and conditionally Answ Antimonarchists properly so called are against all Monarchs limited or absolute or doth he account them all antimonarchists who say that the King is a limited Magistrate then we know what to think of the Monarchists and Royalists of him and his party 2. He knoweth himself that the series or order of the relation of a complex businesse is not alwayes just according to the series of the things done but be it so this maketh for us in the former instance of David's Covenanting with Israel Which is mentioned before their making of him King 3. But suppose the King had refused to enter into Covenant with the Lord or with the People for mention is made of both Covenants after his Coronation might they not for all their solemnities in crowning of him have refused to have ownned him as King 4. But to put the matter beyond all debate we finde compareing the two places together That beside the Covenant betwixt Iehojadah and the Rulers of Hundereds c. mentioned 2. King 11. 4 and 2 Chron. 23. 1. which was rather a Covenant betwixt themselves to depose Athalia and to set up joash to put down Idolatry and to set up the true worshipe of God as the English annotations the Dutch say then a Covenant of fidelity or allegiance to the King as he would have it we finde 2 Chron. 23. 3. a Covenant made betwixt the Congregation and the King and this was before he was crowned or made King which Covenant as the English annotators say was a mutual stipulation betwixt the King and Them That the King should maintaine the true worshipe of God the peace of the Kingdome and privilege of the subjects and that the People should maintaine the King and yeeld unto him his due The next thing he sayeth is That it is not told us what the tenor of this covenant is Diodaâ— seems to say that Iehojadah made them sweare allegiance and fidelity to the King but how shall it be cleared that it was conditional with a reserve of coactive punitive power over him Answ Of this coactive power over Kings we are not now speaking and he but playeth the fool to start such questions without ground 2. That it was a conditional Covenant the scope of the place cleareth for if they had not expected thaâ— their condition had been better under his reigne then under Athaliah be like they had never resolved to have ventured their lives and estates for him and if the Covenant had not been conditional they could have had no rational expectation of the bettering of their condition from the young King Againe if it was not a conditional Covenant The King could with no more certainty have expected their dutyful obedience then They his faithful government 3. It is true the matter and tenor of the Covenant is not expressed but the nature of the act doth abundantly cleare what it was and that it was such as the English annotators have expressed 4. If Diodat say it was nothing else but the Peoples swearing allegiance he speaketh without ground for it was a mutual Covenant a Covenant betwixt King and People But sayes he suppose all the Kings of Judah made such covenants with the People yet will any judicious man force the Particular customes of that Nation on all Nations that might be best for that Nation that was not simply best their customes without a law of God bearing a standing reason cannot be obligatory on others lest we judaize too much Answ 1. We are not now pressing their practice as our only warrand but by their practice we prove the lawfulnesse of the King 's being brought under conditions and obligations to the people which Politicians Lawyers and Divines use to do 2. He must show why such a practice was best to them not also to other nations 3. We Judaize not more in this then in crowning and making of Kings though I grant they do who use the ceremony of anoynting with oile 4. We have the Law of Nature which is the law of God bearing a standing reason of this as was shewed above 5. Yea that lavv of God mentioned Deut. 17. 15. c. Limiting the Prince shovveth that it was the Peoples duty unto whom that is spoken when they were to set a King over themselves to provide for these conditions so that as they might not de jure set a stranger over them neither might they set any over them who vvould not engage to keep the conditions vvhich they were to required of him v. 16. 17. 18. 19. and these Conditions of the King being held forth unto them sayes that they were impowered to stipulate such of the King whom they were to create and that poynts forth a Covenant to be made betwixt them and their King power also in them to restraine the King from transgessing these conditions as Iosephus tels Ant. Lib. 4. cap. 14. Si autem fuerit alias c. â— e. But if otherwise a desire of a King shall adhere unto you let him be of your stock let him make much of Justice and other vertues and let him know that there is most wisdome in the lawes and in God let him do nothing without the advice of the High priest Elders neither let him assume to himself many vvives nor seek after abundance of riches nor
disput but what right Kenneth had to the crowne Now sure it is that before this conquest made he was crowned upon the same ground that his predecessours were his future conquest then uncertaine could not alter the ground of his receiving of the crowne when his father Alpin died 2. What ever superiority he might challenge over these Subjects unto whom he gave these new conquest lands it had no influence upon his holding of the crowne and that his very next successour and brother Donald knew who being given to his pleasures lost a noble victory which they had obtained over the Englishes and after he returned from captivity following his old life was cast in prison by his owne Subjects And his Son knew it also for he was put by the crowne conforme to the old law until this Donald died So that notwithstanding of all this new purchase the people knew that the conveyance of the crowne did still run in the old channel and was held of them after the old tenor His 4. Instance is of Robert Bruce whom our Lawes of Regiam Majestatem call Conquestor Magnus He re-conquered the Kingdom after the Nobility of Scotland had first at Berwick then at S Andrewes in plaine Parliament sworne homage to the King of England who will assert there were pactions betwixt him and the People Answ We know out of History what a miserable condition the Land was brought unto through occasion of that division and sad disput that was in it concerning the nearest in the line and this was the bitter frute that Scotland reaped of the change of that laudable custome established near the beginning of he constitution whereas had not that been changed in the dayes of Kenneth the third the fitest person to governe might have been chosen and that had prevented all this confusion and misery which the Land was brought unto 2. Though Bruce at length recovered the Kingdome yet he received not his crowne upon that account but before he attempted it's recovery out of the hands of the Englishes he was crowned King at Scone in Aprile 1036. and there received the Kingdom from the Scots upon the old account and according to the old tenor 3. Though he be tearmed a great conquerour as having recovered the Land out of the hands of the Englishes as if it had been a conquest when as it was really but a recovering of what he was bound by his place and power to recover yet we never finde that he claimed a right to the Land upon that ground of conquest but stood upon the old basis His fift last instance is of this King It is known sayes he our Nation was totally subdued by the English and continued so for the space of then yeers The Representatives of Shires and Cities and Townes combined into a Commonwealth government and sent their commissioners to the meeting thereof at London where the King's interest was disclaimed yet in a wonderful way God brought him in againe and finding us at his coming a fully conquered and subdued nation restored us to our freedome from the bondage of forraigners Answ 1. Through too great haste he hath forgotten a maine particular of this Instance Before we were totally subdued by the Englishes the King was crowned at Scone in as solemne a manner as ever any of his Predecessours except that he was not anoynted with holy Oyle nor gote the Pop's benediction and while crowned was solemnely engaged to the People by Covenants vowes and oathes to defend Religion according to the National Covenant and Solemne League and Covenant and to prosecute the ends of these Covenants and upon these conditions took his Crowne and Scepter Were we a conquest then 2. Ay but we were conquered afterward and our Representatives disclaimed the King's interest But how many were there of these Representatives And had these Representatives power commission from the Land to renunce his Interest Or were these all accounted Enemies to the King How is it then that so many of them are now accounted his most loyal Subjects and more loyal then such as suffered much because they would not take that Tender disclaming his interest how comes it that that Arch-knave Sharp sufficiently now knowne by that name and notion both to King Court and Countrey who was the only Minister so far as I know in all Scotland that took that tender is advanced unto in stead of a gallowes an arch-prelacy and primacy But 3 when the King returned did he make a re-conquest of us what meaned then that compact betwixt Monck and the Nobles and others of Scotland whom he sent for unto the borders and to the end he might more closely carry his businesse made them all to abjure Charles Stewart and his interest a sad presage of what would be our Epidemick distemper when our change or turne begane with manifest perjury did he not a acquante them with his designe and had he not their concurrence and if he had wanted this and had thought that Scotland would have been an adversary unto his designe would he or dursl he have attempted it 4. What way did the King restore us seing if he would speak the matter as it was it was Monck that restored him and us both as to any restauration we gote vvere not vve and he restored together What did he for our restauration vvas He not as passive as we were and some what more 5. Hence then it is false that he found us at his coming a fully conquered and subdued nation He rather left us so as found us so for we were restored to what we gote pari passu vvith himself 6. It is true at his coming though not by him vve vvere freed from the bondage of forraigners but as for the freedome we vvere restored unto vve are yet ignorant of it and see and feel heavier bondage both as to Church and State then vve did under strangers of forraigners But he addeth If any will say That it was upon his account the Nation was brought to the suffering of that bondage and that there did lye bands upon him as our sworne King to free ws when he should be in capacity to do it It may be answered 1. It is knowne that when the faâ—al stroke that sunk us into bondage was given there was an expresse disowneing of his right by publick judicatories of the land in the quarrel with the English Sectaryes before Dumbar Answ He should first have removed this objection It was upon the Kings account that the English army did invade us had we forborne to have sent commissioners to have called Him home The Englishes would never have invaded us for that was their only quarrel Because we had taken the Head of the Malignant faction Into our besome and so had we for-borne to have owned his quarrel we had neither been invaded nor subdued by them and there had not been so much of our blood shed as there was And is this all the thanks that
and therefore afterward when he came to be crovvned and formally installed he did also formally and expresly take on the obligation And vvhether he did ever shrink from the observance of that godly oath let this perfidious man avovv vvhat he vvill many vvill assert it as certane in some poynts and too too probable in other 9. But though he should doubt vvhether any King before King Charles the second did svveare any oath or Covenant vvith the People yet he cannot doubt of vvhat this King Charles the second did It being being beyond all denyall and contradiction That he swore both that Oath which was injoyned in King Iames the siâ—t his dayes and also the National Covenant and the Solemne League and Covenant and that according to these the Subjects did sweare obedience unto Him Here was then a mutual conditional Covenant explicitly and in plaine tearmes with all the solemnities imaginable entered into and what needs more to cleare all which we have said and to ground all which we would inferre to justify the late action For as for his vaine inferences they concerne not us and more shall be spoken of them afterward 10. Though this Surveyer be ready to avow that this King hath never swerved from the observation of that oath enjoyed Anno 1567. yet all the World seeth that he hath not as he ought to have done maintained the true Religion nor right preaching and administration of Sacraments Neither hath he according to his power abolished and withstood all false Religions contrary to the same as appeares by the great indulgence and toleration if not countenance granted to Popery and Papists Neither hath he ruled us according to the will of God but rather persecuted us for adhereing to the Word of God nor hath he ruled us by the laudable Lawes and constitutions of the realme but hath with a packt Parliament principled to his minde overturned our lawes libertyes hath framed established iniquity by a law 11. But what sayes he to the Nat. Cov. League Cov. Dar he avow that he hath not broken these If he had not we had not been troubled this day with a Popish Prelatical and Malignant faction nor had we seen these abjured and foresworne Prelates nor had we seen the work of reformation of religion in worship Doctrine Discipline and Government so overthrowne overturned and trode upon as it is this day 12. So then seing he cannot deny but the King took and solemnely swore these Covenants and that now he hath openly and avowedly broken them it is undenyable that he hath broken the conditions on which he was made King yea seing these were the maine conditions and the only conditions considerable and were become the fundamental law of our constitution he hath violated the principal and only conditions covenanted and what we shall hence inferre we shall now show Having thus vindicated and cleared the premises we shall draw out our arguments and conclusions thence and 1. If People propose conditions and tearmes unto Princes to be by them acquiesced in and submitted unto and upon which they are to accept their Crowne and Scepter Then if the Prince of King violate these conditions which he once accepted and contrare of his promise and engagement destroy what he promised to build up The People may very lawfully defend themselves and these good ends which they endeavoured to have secured by proposeing these conditions unto the Prince when he is seeking to destroy all even by force vvhen there is no other remedy But such is our case The King vvas formally and expresly engaged by Compacts and Covenants to secure the Reformed Religion in Doctrine Worshipe Discipline and Government to secure all these vvho owned the same and adhered to the Covenants and to ratify and approve all lavves made for these Covenants and for the security of such as entered into these Covenants and novv notvvithstanding of these conditions agreed unto by him the Covenant and vvork and all is overturned People persecuted meerly upon the account of their adhereing to these Covenants all conditions are violated all Covenants Vowes Compacts Engagements and vvhat could be devised for security of the reformation and of the ovvners thereof are broken Who then can condemne even privat persons if they stand to their defence in this case See Althusius polit cap. 38. n. 30. 2. If People may lavvfully and laudably defend the fundamental lavves of the Kingdom on vvhich the constitution of the Kingdome standeth and on vvhich the security of vvhat is dear to them as men and as Christians relveth Then the late act cannot be condemned because in defending themselves they stood for that vvhich vvas the maine and principal tearme of our constitution But the former is true because the Prince violating these destroyeth the constitution and because He cannot do this as a Prince having already engaged as a Prince to maintaine the constitution he must do it as a private person or an enemy to the constitution and whole body of the land Therefore he may wel be resisted even by private persones see this fully made out by Althus Pol. cap. 38. n. 37. both out of Lawyers and Divines 3. If a People even by resistence may defend their personal libertyes and rights secured unto them by Compacts with the Prince or by the fundamental lawes of the land which the Prince as Prince is bound to maintaine Then the late act cannot be condemned because by it they were but defending that which the King had secured unto them by his compact and which was secured unto them by the fundamental law of the land But the former is true because a privat person is allowed by law to maintaine his Lands and Rights even though some in the Kings name should come under whatsoever pretext to robe and dispossesse him and shut him to the door Therefore this late act though of private persones cannot be condemned 4. If a Prince violating all or he maine conditions upon which he was made Prince becometh stricto jure no Prince but falleth from his benefice not having done the offices in consideration of which he gote that benefice conferred upon him non enim sayeth Althus ubi supra commodum debet sentire ex contractu quem vel omittendo vel committendo quis impugnat Then lawfully enough such an one may be resisted even by Private persones as is cleare But the former is made clear above and such is our case now for the King hath broken palpably and avowedly the maine and principal conditions on which he was made King having overturned the work of reformation which if he had not promised vowed and covenanted to maintaine he had never been crowned or admitted to the exercise of that Government Who then can blaime a People standing to their owne defence when oppressed and tyrannized over by his emissaries who hath thus violated the principal and only conditions of the compact and is forceing them to the
15. Iam. 6. c. 2. Parl. 23. Iam. 6. Act. 1. Parl. 1. Char. 1. and act 14. 15. of the same parl act 13. parl Anno 1661. Charl. 2. and this is reckoned by the forementioned politicians among the prerogatives Volgm pag. 57. Hoen pag. 129. Bodin pag. 244. Timpl. ubi supra 4. Nor doth it belong to him alone to appoynt the value of money as is cleare by our acts act 67. parl 8. Iam. 3. act 93. 97. parl 13. Iam. 3. act 23. parl 1. Iam. 1. act 33. parl 8. Iam. 2. act 59. parl 13. Iam. 2. act 2. parl 1. Iam. 4. act 17. parl 2. Iam. 4. act 40. parl 4. Iam. 4. act 17. parl 1. Iam. 6. act 20. of the same parl act 249. parl 15. Iam. 6. c. 9. parl 16. Iam. 6. yet the forecited authors reckon this also among jura Majestatis 5. He must not rule us by his meer will but by the lawes of the land act 79. parl 6. Iam. 4. act 130. 131. parl 8. Iam. 6. and not by any special grant or privat privileges act 48. parl 3. Iam. 1. 6. He is not the proper judge of all causes in the first instance act 45. parl 2. Iam. 1. act 62. parl 8. Iam. 3. 7. Some causes are fully exempted from his judgment and determination act 105. parl 14. Iam. 3. 8. The Lords of the Session may finally decide causes according to the act 65. parl 3. Iam. 1. without any liberty granted to the party to appeal to the King act 63. parl 14. Iam. 2. and this privilege of the Session in ratified act 93. parl 7. Iam. 5. act 1. parl 2. Mar. act 170. parl 13. Iam. 6. act 183. of the same parl act 211. parl 14. Iam. 6. act 23. parl 1. Carol. 1. act 23. parl Anno 1661. Charl. 2. Yea the judges are allowed to discerne according to equity notwithstanding of any write of the King 's to the contrary act 92. parl 6. Iam. 6. act 47. parl 11. Iam. 6. act 79. of the same parl 9. He is limited in granting remissons sic act 46. parl 2. Iam. 1. act 51. parl 3. Iam. 1 act 75. parl 14. Iam. 2. act 42. parl 6. Iam. 3. act 94. parl 13. Iam. 3. act 62. 63. parl 6. Iam. 4. act 174. parl 13. Iam. 6. 10. He is limited in alienating of lands possessions or moveable goods act 2. parl 1. Iam. 2. act 41. parl 11. Iam. 2. act 70. and 71. parl 9. Iam. 3. act 112. parl 14. Iam. 3. act 5. parl 1. Iam. 4. act 10. parl 2. Iam. 4. act 22. ejusd parl act 50. parl 4. Iam. 4. act 90. parl 6. Iam. 4. act 84. parl 6. Iam. 5. act 115. and. 116. parl 7. Iam. 5. act 6. parl 9. Iam. 6. act 176. parl 13. Iam. 6. act 159. ejusdem parl act 203. and 204. parl 14. Iam. 6 act 236. parl 15. Iam. 6. act 242. and 243. ejusdem parl act 1. parl 16. Iam. 6. cap. 4. parl 23. Iam. 6. act 10. parl 1. Carol. 1. 11 So is he limited in erecting Royal brughs act 43. parl 11. Iam. 2. 12. He is limited in appoynting publick offices for admininistration of justice act 44. parl 11. Iam. 2. 12. He may not passe gifts signatures or remissions but with the consent of the privy Council act 12. parl 2. Iam. 4. 14. He hath been aftentimes admonished of his duty by the Parliament see act 23. parl 1. Iam. 1. act 5. and. 6. parl 3. Iam. 2. act 14. parl 6. Iam. 2. act 92. parl 13. Iam. 3. act 8. parl 2. Iam. 4. act 29. parl 3. Iam. 4. act 17. parl 1. Iam. 6. If this Surveyer hath a minde to defend the King 's civil prerogative royal or his absolute power Let him take all these particulars to his consideration but we goe on to our purpose From what hath been said concerning this limited power of the Kings we draw these particulars for our purpose 1. If the King be a limited Prince Then he may in some cases be lawfully resisted Gerhard himself de Magistrat Pol. § 484. pag. 1303. in answering of that quaestion what shall Subjects do if a Magistrate who is an infidel or an haeretick doth force them unto a false religion sayeth That such a Magistrate who hath absolute and unlimited power and is under no compacts may not be resisted by such as are meer Subjects So that he would grant in this case That it is lawful for meer private Subjects to resist a limited Prince who is bound by compacts and contracts It is true when he cometh afterward to speak of resisting a Tyrant and proponeth the quaestion § 486. whether such who have absolute power and turne Tyrants may be resisted after he hath cited some sayings of Papists he tells us § 487. That all the arguments of iunius Brutus Rossaeus Buckerius are solidly answered by Barclaius Albericus Gentilis Cunerus and Arnisaeus and this passage our Surveyer bringeth in Pag. 89. But who seeth not that it cometh not at all home to our purpose seing our King is not a King of absolute power though he hath his Kingdom by succession but is limited by conditions and stipulations And further every one may see the weaknesse of Gerhard's reasons and how inconsistent he is with himself For. 1. Sayeth he such is only under Gods jurisdicton But alas 1. May not I resist a person vvho is not under my jurisdiction 2. Royalists will say the same of all Princes even Barclaus and Arnisaeus Againe he sayes The People have translated their whole power unto such a Prince cannot recall it But 1. They have never translated over unto him a power to inslave themselves for that was not in their power to do Nor 2. Could they ever give away the power of self defence which is their birth right 3. Sayes he Subjects in this case want God's command and a Superiour power But 1. They have God's command in nature no lesse then these who are under limited Princes 2. They have a superior virtual power in cases of necessity 4. Sayes he He is a Father of the Republict and not a Tutor only and therefore as Children have no power over their Parents no more have Subjects over their Princes But 1. Are not even limited Princes as well Fathers to the Commonwealth So that by this argument it shall be as unlawfull to resist these which he will not say 2. Yea such absolute Princes Look rather to be Tygers and stated enemies unto the Common-wealth then Fathers 3. They have no proper Parental power as we shewed but Metaphorical 4. Even natural parents may be resisted Ergo much more they 5. We are not speaking of giving judgment against Tyrants but of resisting of them and if he grant this vve have our desire And his question vvas touching resistence § 485. Quest. 4. 2. A Limited and pactional Prince may be legally resisted Ergo also with force when a legal resistence cannot be had The antecedent is true
defend themselves and are mutually bound to assist and deliver one another So it now comes to be considered that seing the maintainance of truth and the true Worshipe of God were and are the principal ends and motives of contracting of Societyes and erecting of Governments whereunto both the People and Rulers are not only separatly every one for himself but joyntly obliged for the publick advancement and establishment thereof And that God doth therefore equally exact and avenge the sin of the Rulers only or of the People only or of any part of the People only upon the whole body of Rulers and People for their simple Tolerance and connivance without their active complyance with the transgressours of necessity both from the principles deduced and from the most visible judgments of God agreeable thereto there must be a supeperior and antecedent obligation to that of submission incumbent upon all both joyntly and separatly for the maintainance vindication and reformation of Religion in order to the promoving of these great ends of the publick profession of truth and true Worshipe which the Lord doth indispensibly require By vvhich any vvho read vvith judgment and attention and consider vvhat preceedeth and vvhat follovveth may see vvhat vvas that Authors scope and intention viz. to shevv in few vvords the lavvfulnesse of Peoples standing to the maintainance and defence of truth and the true Worship of God vvhen violated and enjured by these vvho by their places and callings should endeavour the establishing and perfect security thereof both from adversaries vvithin and vvithout as vvel as to the defence of their persones and libertyes vvhen wickedly persecuted for adhereing to God And that as it vvas not his scope and intention so nor will the words give ground to any vvho is not utterly blinded vvith prejudice and resolved to pervert the fairest and smoothest expressions that can be used to the end they may pervert truth deceive the simple who readily beleeve every thing to think that he pleadeth for any magistratical authority and povver to give out mandats and enjoyn execution upon transgressours in poynt of reformation of Religion unto privat persones Far lesse that he pleadeth for a povver due unto them to rise against and throvv dovvne King and all Magistrates supreame and subordinate and to use the vindicative punishing reforming povver of the sword even in case of defection in matter of Religion If any vvill but look to the end of that Paragraph they shall see this fully confirmed vvhere he is applying vvhat he said to the purpose he vvas upon viz. in vindication of vvhat vvas done by our first Reformers in the dayes of Mr Knox of whom only he is speaking in that part of his book for thus he speaketh and had not our Reformers great reason to feare and tremble least the manifest toleration of proud cruel and flattering Prelates who had perverted the lawful powers into bloody persecutors and of idolatrous Priests whose wickednesse and idolatry had corrupted the whole Land might involve not only themselves but the whole Nation in destroying and overflowing indignation Was there any such thing pretended or assumed by these Reformers but a power to defend and maintaine the true reformed Religion and their reformed Preachers against the malice of powers perverted and enraged against them by the bloody and pestilent counsel of the these idolatrous locusts and to hinder open and avowed idolatry which provoked God against the whole Land Did they ever arrogate to themselves the magistratical vindicative punishing and reforming power of the sword against all Magistrates Supreame and Subordinate Or doth Naphtaly say any such thing And yet this Surveyer because he cannot confute what is there nervously vindicated asserted and demonstrated That he may not be seen to do nothing for his hire he will thraw Naphtaly's words as he thinketh best and falsly and most impudently assert Pag. 83. That Naphtali sayeth Any party of meer private persones may rise against resist throw downe King and all Magistrates Supreame and Subordinate and in their Phinehas-like motions use the vindicative punishing reforming power of the sword especially in case of defection in matter of Religion and that there is a joynt obligation laying upon the people and every party thereof to vindicate and reforme Religion in a publick punitive way even against all Magistrates and Nobles and against the plurality of the people So that if any part of the people do think the Magistrates all of them or the plurality of the people patrons of abhominations any private party that think they have power enough may flee to the vindicative punishing and reforming sword and falt upon all Rulers and other whom they think to be in a defection and will boldly say that in truth they are so Who seeth not what perverting of truth is here When Naphtali only asserts that in case the Magistrate to whom the vindicative and in case of backslideing the reforming power is committed and who should make this his maine work shall turne the principal perverter and chief patron of these abhominations some other thing is required of the people then submission there lyeth upon them some obligation antecedent to that even an obligation to the maintainance vindication and reformation of Religion Which may be and is something distinct from that vindication and reformation which is incumbent on Magistrates even a vindication and reformation by way of maintainance of the received truth and hindering of idolatry and blasphemy or what is dishonorable to God pernicious to the commonwealth opposite to the true reformed Religion which may be done without arrogateing in the least that power which God hath committed to the Magistrates And this is far from useing the sword against the Magistrate and from throwing him down It is incumbent to the Magistrate to defend private subjects from Robbers and if they spoyl and robe a man's house to recover what is by robbery taken away but if he neglect this and rather patronize such Robbers It is a duty on the subject to defend his owne and vindicate and recover his goods the best way he can and who will say that it is an usurping of the Magistrates sword whereby he should punish Robbers defend the innocent and recover the goods of the spoyled or a riseing up aginst the Magistrate to dethrone him There is a private maintaining vindicateing and recovering of goods stollen which yet is active and may be effectual and there is a publick authoritative and magistratical defending vindicating and recovering The other may be incumbent to private persones in some cases when yet they do not usurpe this So in the Matters of Religion there is a private yet active and real maintaining vindicating and reforming of Religion when corrupted and there is a publick authoritative and Magistratical maintaining vindicating and reforming The former may be assumed by private persons in some cases without the least hazzard of incroaching upon this far more without
Nero because they wanted temporal strength But might not that excuse be good in itself though Bellarmine made use of it I suppose upon second search it will be found that they had not such a capacity as he it may be supposeth But of this afterward It brings to his minde also what Creswel the Jesuite said against the Edict of Q. Elizabeth But all this is nothing to the purpose for neither we nor Naphtaly joyne with the Iesuites whatever he say as to the deposeing and throwing downe of Princes and all Magistrates and punishing them by private hands But if he think this condition in private persons resisting of violence Iesuitical viz. if they be in a probable capacity to do it He must give us leave to say It is very rational and he is more then brutish to think otherwise For will he say that it is an indispensable duty for Ten private persones though they had their Magistrates with them to go and resist an army of Ten Thousand unlesse they have an extraordinary particular peremptory cal of God Sure then he but shewes his folly to carpe at such things as these let him read Luk. 14 31. Next let us see what he hath Pag. 84. 85. 86. Where he sayeth 1. That albeit it be God's holy will that in erections of civil government his Truth sincere worshipe and glory in these should be mainly minded and intended by men and it is mens duty so to do yet it is clear that in many places de facto it is not so although men in the general professe aiming at Truth and right worshipe yet there are aberrations in the particular Answ 1. This is very true and not only do we see that it is so de facto but also that where conscience hath been made of mindeing Gods truth sincere vvorshipe and glory and these so twisted in and interwoven with the constitution of the civil government that they became to the subject a piece of their National patrimony secured by all meanes imaginable not only these necessary things are not minded but they are sought to be overturned and destroyed 2. Since he grants that it is men's duty so to do how can he condemne what the honest Parliaments of Scotland did and what the king consented to and owned Was that any thing else but to establish and secure the reformed Religion in Doctrine worshipe discipline and government for the glory of God and the good of the nations Next he sayes Albeit there be in the poynt of truth and the worshipe of God anotable perversion and swerving that doth not at all invalidate the authority nor break the obligation thereunto although it be injurious to favourers of Truth and right Worshipe for although Religion be not minded as it ought to be God will not have the Commonwealths where justice between Man and Man is maintained for his glory casten loose nor have men think themselves loosed from obligation to the government for neither must they be heard who hold that civil dominion is founded on grace nor they who say That infidel heretical or excommunicate Magistrates fall from their power or that the subjects obligation to them ceaseth Answ 1. Yet vvhere the maintainance of Truth and of the right vvorshipe is a fundamental pillar of the constitution and a maine article of the compact betwixt Magistrates and subjects a failing here is a loosing of the government and of the Subjects obligation if not in vvhole yet in so far 2. A pleading for the observation of the compact and maintainance of the Truth and Worshipe of God conforme to sworne compacts is no breaking of the obligation but rather a way to have it strengthened and made more firme Much lesse can they be charged with this who plead only for a liberty of defence of the same Truth and Worshipe against manifest injuries contrary to Covenants vowes and compacts 3. Such as resist the unjust violence of Magistrates do not therby loose themselves from the obligation to government otherwise every woman who in defence of her chastity resisted the prince should die as a Traitor 4. We abhore both that opinion that dominion is founded on grace and that other of the Papists we stand upon other grounds as hath been and may yet be furder shewed The summe of what he says in the 4 place for what he hath said in the 3 place is but some concessions which are touched already is this That to reforme in a publick coactive way by the use of the vindicative and punitive sword belongeth alone to the Magistrate so that persones of meer private capacity cannot use that sword against all Magistrates and their fellow subjects to violent them in matters of Religion or which they account Religion and punish them for not being of their Religion Answ It is but his groundlesse calumny to say that Naphtaly sayes all this and so it is nothing to the question in hand which is concerning privat persons maintaineing their Religion and endeavouring to have corruptions removed which may wel be without the least incroachment upon the Magistrates and since he speakes not to this he either declares himself unable to confute what we say or he fowlely prevaricates to the palpable betraying of his owne cause or both Then he tells us further That the great mistake in all this matter is That we think the Magistrate People are as to their Covenant with God debtors bound in a band conjunctly and severally for one sum so that in the deficiency of the one the other must pay all and hath power to distresse the deficient whereas they binde but for their several moieties of a sum so that if the People reforme themselves and keep themselves pure from abhominations the Magistrates deficiency which they tolerat with grief shall not be imputed to them Because God giveth them not a calling to intrude into the Magistrates office there lyes no obligation on them to force the King or their fellow subjects to external meanes of Worship and Religion Answ This is the summe of what he spendeth many words about but it may be easily answered For 1. By this simile he will wronge the Magistrate for as the People may not presse the Magistrate to pay his moyety how may He presse the Subjects to pay their moyety 2. If the Magistrate break to God and will not pay his moyety of the summe he cannot presse the Subjects to break also and not to pay their part but whether he will or not they are bound to keep Covenant and if he force them his violence is unjust and illegall for no law can warrand People to break their Covenant with God and may lawfully be resisted and this is enough for us 3. A better lawyer then he Althusius pol. cap. 28. n. 18. tels us that in those Religious Covenants Magistrates and People are bound conjunctly and severally so that the whole summe may be required of either of the corrëi Ita sunt corrëi
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
I have said to declare himself an enemy to that which so highly provoketh the wrath of God against the whole People For where Moses sayeth Let the city be burned c. he plainly doth signify that by the defection and idolatry of a few Gods wrath is kindled against the whole which is never quenched till such punishment be taken upon the offenders that whatsoever served them in their idolatry be brought to destruction because that it is execrable and cursed before God and therefore he will not that it be reserved to any use of his People I am not ignorant That this law was not put into execution as God commanded but what did thereof ensue and follow Histories declare viz. plague after plague till Israel and Iudah were led into captivity as the Books of the Kings do witnesse The consideration whereof maketh me more bold To affirme that it is the duty of every man who desireth to escape the plague and punishment of God to declare himself Enemy to idolatry not only in heart hateing the same but also in external gesture declareing that he lamenteth if he can do no more for such abhominations of these premises I suppose it be evident That the punishment of idolatry doth not appertaine to Kings only but also to the whole People yea to every member of the same according to his possibility For that is a thing most assured that no man can mourne lament and bewail for these things which he will not remove to the uttermost of his power And a little thereafterâ— And therefore I feare not to affirme that the Gentiles I meane every City Realme Province or Nation amongst the Gentiles imbraceing Christ Jesus and his true Religion be bound to the same league and Covenant that God made with his People Israel when he promised to root out the Nations before them in these words Exod. 34 12 13 14. to this same law and Covenant are the Gentiles no lesse bound then some time were the jewes vvhensoever God doth illuminate the eyes of any multitude Province People or City and puteth the sword in their ovvn hand to remove such enormities from amongst them as before they knevv to be abhominable Then I say are they no lesse bound to purge their Dominions Cities and Countreyes from idolatry then vvere the Israelites vvhat time they received the possession of the Land of Canaan And moreover I say if any goe about to erect and set up idolatry or to teach defection from God after that the verity hath been received and approved that then not only the Magistrates to vvhom the svvord is committed but also the People are bound by that oath vvhich they have made to God to revenge to the utmost of their povver the injury done against his Majesty So in his admonition to the Commonalty of Scotland Pag. 36. Neither would I that you should esteem the reformation and care of Religion lesse to appertaine to you because yee are not Kings Judges Nobles nor in authority Beloved brethren you are God's Creatures created and formed to his owne image and similitude for whose redemption was shed the most precious blood of the only beloved sone of God to whom he hath commanded his gospel and glade tidings to be preached and for whom he hath prepared the heavenly inheritance so that yee will not obstinately refuse and disdainfully contemne the meanes which he hath appoynted to obtaine the same for albeit God hath put and ordained distinction betwixt King and Subjects yet in the hope of the life to come he hath made all equal and therefore I say that it doth no lesse appertaine to you to be assured that your faith and Religion be grounded and established upon the true and undoubted word of God then to your Princes or Rulers for as your bodyes cannot escape corporal death if with your Princes you eate or drink deadly poison although it be by ignorance or negligence so shall ye not escape the everlasting if with them yee professe a corrupt Religion and this is the cause that so oft I repeate and so constantly I affirme that to you it doth no lesse appertaine then to your King or Princes to provide that Christ Iesus be truely preached among you seing without his true knowledge you cannot attaine to salvation More to this purpose may be read there CAP. X. Arguments taken from the hazard of becoming guilty of the sin of others and of partaking of their Judgments And from the duty of relieving the oppressed c. IT is not necessary for our purpose to dip much into that question concerning Gods imputing of the sin of one unto others and therefore we shal shortly hint at some few particulars from Scripture and after we have considered what this Surveyer sayeth we shall apply them to our purpose That God doth punish some and that most justly for the sinnes of others the Scripture doth abundantly verifie Not to insist on the instances of his punishing of whole families for the sinnes of the Head of the family as the family of Pharaoh Gen. 12 v. 17. of Abimelech Gen. 20 v. 17 18. of Corah and his companions Num. 16 v. 27 32 33. of Achan Ios 7 v. 24 25. of Ieroboam 1 King 14 v. 10 11. Cap. 15 29. of Ahab 1 King 21 v. 21 22 24. 2 King 9 v. 8. of Baasha 1 King 16 3 4. of Iehoram 2 Chron. 21 14. Nor on the instances of his punishing of Servants for the sinnes of their Masters or the Children and Posterity for the sinnes of their Parents as in the 2 Command where he threatneth to visite the iniquities of the Fathers upon the Children unto the 3 and 4 generation So also Levit. 26 ver 38 39. Deut. 28 v. 18 32 45 46. So the Children of such as were drowned in the flood Gen. 6 7. The posterity of Canaan Gen. 9 v. 24 25 26 27. The children of the Egyptians Exod. 11 v. 5 6. of the Israelites Num. 14 v. 33. Psal 106 v. 27. of Dathan and Abiram Num. 16. of the Canaanites Deut. 3 Cap. 20. of the Amalekites 1 Sam. 15. of Saul 1 Sam. 21. of Cehazie 2 King 5 ver 27. of the Babilonians Esai 14 ver 21 22. of Semaia Ier. 24. v. 32. Hence true penitents acknowledge are humbled for not only their owne sinnes but the sinnes of their Fathers Ezra 9. Dan. 9. Job sayes Cap. 21 v. 19. God layeth up his iniquity or the punishment of his iniquity as it is in the margine for his children But to passe these we finde moreover 1. That People have been punished for the sinnes of their Pastors or in hazard to be punished therefore When Nadab and Abihu had provoked the Lord with their strange fire Moses spoke unto Aaron and to his other two Sones and sayd Levit. 10 v. 6. Vncover not your heads neither rend your cloathes lest you die N. B. and left wrath come upon all the People So that their sin would
contrary criminal and guilty with your Princes and Rulers in the same crimes because you assist and maintaine your Princes in their blind rage and give no declaration that their tyranny displeaseth you This doctrine I know is strange to the blinde world but the verity thereof hath been declared in all notable punishments from the beginning vvhen the Original vvorld perished by vvater vvhen Sodome and Gomorah vvere punished by fire and finally vvhen Ierusalem vvas horribly destroyed doth any think that all vvere alike vvicked before the vvorld Evident it is that they vvere not if they be judged according to their external facts for some were young and could not be oppressours nor could defile themselves with unnatural and beastly lusts Some were pitiful and gentle of nature and did not thirst for the blood of Christ and his Apostles but did any escape the plagues and vengeance which did apprehend the multitude let the scripture witnesse and the histories be considered which plainly do testify that by the vvaters all flesh onâ—arth at that time did perish Noah and his family reserved That none escaped in Sodome and in the other cities adjacent except Lot and his tvvo daughters And evident it is that in that famous city of Ierusalem in that last and horrible destruction none escaped God's vengeance except so many as before were dispersed And what is the cause of this severity seing that all were not alike offenders let flesh cease to disput with God and let all men by these examples learne betimes to flee and avoyd the society and company of the proud contemners of God if that they list not to be partakers of their plagues The cause is evident if we can be subject without grudging to God's judgments which in themselves are most holy and just for in the original world none was found that either did resist tyranny nor yet that earnestly reprehended the same In Sodome was none found that did gain-stand that furious and beastly multitude that did compasse about and besiege the house of Lot and finally in Ierusalem was found none that studyed to reprepresse the tyranny of the priests vvho vvere conjured against Christ and his Evangel but all fainted I except ever such as gave vvitnesse vvith their blood or flying that such impiety displeased them all keeped silence by the which all approved iniquity and joyned hands with the Tyrants and so were arrayed and set as it were in one battle against the almighty and against his Son Christ Jesus for whosoever gathereth not with Christ in the day of his harvest is judged to scatter and therefore of one vengeance temporal were they all partakers will God in this behalf hold you as innocents be not deceived dear Brethren God hath punished not only the proud tyrants filthy persones and cruel murtherers but also such as with them did draw the yoke of iniquity vvas it by flattering their offences obeying their unjust commands or in winking at their manifest iniquity All such I say God once punished vvith the chief offenders Be ye assured brethren That as he is immutable in nature so will he not pardon you in that which he hath punished in others and now the lesse because he hath plainly admonished you of the dangers come and hath offered you his mercy before he poure forth his wrath and displeasure upon the disobedient So in his Exhortation to England P ag 107. No other assurate will I require that your plagues are at hand and that your destruction approacheth then that I shall understand that yee do justify your selves in this your former iniquity absolve and flatter you who list God the Father His son Christ Jesus his holy Angels the creatures sensible and insensible in heaven and earth shall rise in judgment and shall condemne you if in time you repent not The cause why I wrape you all in idolatry all in murther and all in one and the same iniquity is that none of you hath done his duty none hath remembered his office and charge which was to have resisted to the uttermost of your power that impiety at the beginning but you have all follovved the wicked commandement and all have consented to cruel murther in so far as in your eyes your Brethren have most unjustly suffered and none opened his mouth to complaine of that injury cruelty and Murther I do ever except such as either by their death by abstaining from Idolatry or by avoiding the realme for iniquity in the same committed and give testimony that such an horrible falling from God did inwardly grieve them But all the rest even from the highest to the lowest I feare no more to accuse of idolatry of treason committed against God and of cruel Murthering of their brethren then did Zecharias the son of Iehojadah 2 Chron. 24 ver 20. feare to say to the King Princes and People of Iudah Why have yee transgressed the commandements of the Eternal God it shall not prosperously succeed unto you but even as ye have left the Lord so shall he leave you And againe Pag. 109. But let his holy and blessed ordinances commanded by Jesus Christ to his Kirk be within the bounds so sure and established that if Prince King or Emperour would interprise to change or disannul the same that he be the reputed enemy of God and therefore unworthy to reigne above his people Yea that the same Man or Men that goe about to destroy God's true Religion once established and to erect idolatry which God detasteth be adjudged to death according to God's commandement The negligence of which part hath made you all these only excepted which before I have expressed murtherers of your Brethren denyers of Christ Jesus and manifest traitours to God's Soveraigne Majesty Which horrible crimes if ye will avoyd in time comeing then must yee I meane the Princes Rulers and People of the realme by solemne Covenant renew the oath betwixt God and you in that forme and as Asa King of Iudah did in the like case 2 Chron. 15. This is thy duty this is the only remedy O England to stay God's vengeance which thou hast long deserved and shall not escape if his Religion and Honour be subject to mutation and change as oft as thy Rulers list The-reader may consider also what he sayes to this in his discourse with Litingtoun who was of this Surveyer's judgment History of Reformation Lib. 4. This is consonant likewise unto our confession of faith authorized by King Iames and Parliament Anno 1567. Act. 14. where among good works of the 2 table these are mentioned To honour Father Mother Princes Rulers and Superiour powers To love them to support them yea to obey their charge not repugning to the commandement of God to save the lives of innocents to represse tyranny to defend the oppressed c. the contrary whereof is To disobey or resist any that God hath placed in authority while they passe not over the bounds of their office to
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
by their declarature This is hard if true for then a Parliament might sell them and their posterity for bondmen and bond women to the Turk for ever But we see no more reason for asserting an infallibility or absolutenesse of power in Parliaments then in Princes What furder But to say that all not only obedience but allegiance and fidelity due to any created power is indispensably restricted to this qualification in defence of Religion and liberty viz. of the Subjects is a most false assertion Answ He said not restricted to this qualification but thus qualified and thus restricted This must be either ignorance or worse in this pamphleter thus to wrong the author But vvhat vvas the authors meaning vve have shevved Let us heare The pamphleting Prelate It is knowne sayes he that a restriction excludes all other cases which are not in the restrictive proposition included c. Answ All this is founded upon his either wilfull or ignorant mistake for the author took not the restriction so as we have seen as to exclude all fidelity or obedience except in things tending immediatly and directly unto the good of Religion and Liberty of the Subject But so as that we might do nothing in prejudice of Religion and Liberty nor yeeld obedience to him in any thing tending to the hurt of either thus is our obedience to be restricted or qualified We deny not obedience even when the act of obedience cannot be properly directly said to be either in defence of Religion or the liberty of the subject So that we crosse not what the ministers said unto the doctors of Aberdeen for we take not that clause as exclusive that is that we shall never defend his person and authority but when he is actually actively defending Religion Libertyes but only as a restriction or qualification thus that we shall defend his person authority so far as may consist with Religion Libertyes And thus we agree also with the general assemblie 1639. for we say it is the Subjects duty to concurre with their friends and followers as they shall be required in every cause that concernes his Majesties honour yet so as that they do nothing to the prejudice of Religion or Libertyes But furder sayes he as to the poynt of allegiance or fidelity that is another matter then obedience Answ True when men will become very critical but the scope of the place showeth in what sense he took it not only as includeing an owneing of him as lawful and rightful King c. but as includeing also a promise of active concurrence in defending of him and his interest and so while this is urged in an absolute illimited unqualified or un restricted way he made it all one with obedience It is true a man may keep allegiance or fidelity to the King when he cannot obey his commands yet the clause of the Covenant respects allegiance as well as obedience in so far as we are not to defend his person and authority absolutely but in defence of the true Religion and Liberties of the Subjects Allegiance then is a comprehensive thing not only taking in an owneing of the King as rightful King and fidelity to his person crowne and dignity against conspiracyes and treasons but also an active concurring to promove his honour and dignity and to defend his person and authority And so all who say allegiance must be qualified according to this restriction do not meane every thing in allegiance but that which is expressed in the Covenants So that it is his ignorant inference to say That that which Naphtals sayeth is contrary to the confession of saith Cap. 23. § 4. which sayeth is difference in Religion doth not make voyd the Magistrates just and legal authority nor free the people from their due obedience to him unlesse he think the article of the Covenant interfereth with the confession of faith which he dar not assert but if he do assert it let us hear by his next what he will say to the Apologetical Relation Pag. 386. 387. 388. 389. 390. where that clause of the Covenant is vindicated He addeth It is the Lord's way for keeping humane societies from grosse disorders to allow to such as are in supreme power by lawful calling the honour due unto their place although in the maine things they pervert the Ends of government dishonouring him by a false Religion or seduceing others to their evil way Answ Do we say that honour is not due unto Magistrates of another Religion because we say that we must promise allegiance and obedience to them in the Lord and must not concure with them nor contribute our power unto them to the manifest detriment of Religion and Libertyes This is like the rest of this Man 's foolish inferences Or doth he think that we cannot give to Caesar the things vvhich are Caesar's unlesse vve give him also the things which are God's and are the Peoples Then he citeth Calv. Instit. Lib. 4. c 20. § 25. 27. But He speaketh nothing contrare to the businesse we are upon Doth he think that Calvin was of the judgment that People are bound to sweare absolute Subjection allegiance or fidelity and obedience to all wicked princes whatever right they may have to the place That subjects are bound to obey and to sweare allegiance in the Lord unto wicked Kings who denyeth do vve say that vvicked Kings because vvicked are eo ipso no Kings nor to be acknowledged as Kings What then doth this testimony make against thus But 2. will he stand to what Calvin sayeth Then he must condemne vvhat King and Parliament have done in taking the life of the Marquise of Argyle and say that they are guilty of innocent blood for by vvhat Calvin here sayeth vve were as much bound to acknovvledge Cromwel then vvhen he did Reigne as now to acknowledge the King for he speaks of all qui quoquo modo rerum potiuntur How will he then free himself from treason For sure in Calvine's judgment Argile did but his duty though he had done more and yet he was condemned as a Traitour can he reconcile this with Calvine's judgment So then our promiseing and swearing alleagiance fidelity and obedience to the King being with a reserve of our alleagiance fidelity and obedience unto the Supreame King of Kings and Lord of Lords and according to that due subordination and thus limited and restricted that we may do nothing against God or in prejudice of his interests no person can with any colour of law or conscience challenge or accuse any of Treason or Rebellion against the King when they preferre the interest of God unto Man's and labour to secure Religion and the interest of Christ unto which they are absolutely and indispensably obliged and from which obligation and alleagiance no authority of man can loose them nothwithstanding that in so doing they postpone the authority of man and their alleagiance thereunto and lay it by seing
it is of no force when it cometh in competition with the authority of God and is stated against that Religion which by divine authority they are bound to maintaine with hazard and losse of their lives goods and fortunes And therefore the late act of defence being according to their sworne alleagiance to God a necessary defence of Religion cannot be condemned of Treason or Rebellion though it wanted that formality of the authority of Subordinat powers As postponing the authority of inferiour Magistrates in act of obedience and duty of alleagiance unto the Superiour can be no proper disloyalty or rebellion so nor can the postponing of the authority of Superiour and inferiour Magistrates in poynt of obedience and performing alleagiance unto the most Supreame be really treasonable seditious or rebellious 2. If we be sworne to maintaine the King's person and authority in the defence of the liberties of the subject Then who ever preferre the Liberties of the Subject unto his person and authority are not Traitours or Rebels And so the late act of defence being for the liberties of the subject when they were basely betrayed sold and given away by a company conjured into a conspiracy against the same and were trode upon and violently plucked away cannot in conscience or in the law of God or according to any just law of man be accounted or condemned as an act of Treason or Rebellion CAP. XII Some moe Arguments Briefly proposed and Prosecuted WE have in the preceeding Chapters proponed and considered such arguments as gave us occasion to meet with what this Surveyer allaidged We shall here ere we come to consider his objections briefly summe up other arguments The worthy author of Lex Rex Quest 28. and 31. hath some which we shall here set downe partly because that book is not in every mans hand and partly because this windy man pretends to have answered much of that book though he hath not so much as offered to make a reply unto the six hundereth part thereof 1. Pag. 261. thus he argueth That power which is obliged to command and rule justly and religiously for the good of the subjects and is only set over the people on these conditions and not absolutely cannot tye the people to subjection without resistence when the power is abused to the destruction of lawes religion and the subjects But all power of the law is thus obliged Rom. 13 ver 4. Deut. 17 ver 18. 19. 23. 2 Chron. 19 ver 6. Psal 132. ver 11. 12. and 89. ver 30. 31. 2 Sam. 7 ver 12. Jer. 17 ver 24 25 And hath been may be abused by Kings to the destruction of Lawes Religion and Subjects The proposition is cleare for the powers that tye us to subjection only are of God 2. Because to resist them is to resist the ordinance of God 3 Because they are not a terrour to good works but to evil 4. Because they are God's ministers for our good But abused powers are not of God but of men are not ordinances of God they are a terrour to good works not to evil they are not God's ministers for our good 2. ibid That power which is contrary to law and is evil and tyrannical can tye none to subjection but is a meer tyrannical power and unlawful and if it tye not to subjection it may lawfully be resisted But the power of a King abused to the destruction of Lawes Religion and subjects is a power contrary to law evil and tyrannical and tyeth no man to subjection wickednesse by no imaginable reason can oblige any man Obligation to suffer of wicked men falleth under no commandement of God except in our Saviour A Passion as such is not formally commanded I meane a physical passion such as is to be killed God hath not said to me in any moral law be thou killed tortured beheaded but only be thou patient if God deliver thee to wicked mens hands to suffer these things 3. Ibid There is not a stricker obligation moral betwixt King and People then betwixt parents and Children Master and Servant Patron and Clyant Husband and Wife The Lord and the Vassal between the pilote of a shop and the passengers the Phisitian and the Sick the doctor and the Schollar But law granteth 1. minime 35. De Relig. sumpt funer If those betray their trust committed to them they may be resisted If the Father turne distracted and arise to kill his Sones his Sones may violently apprehend him bind his hands spoile him of his weapons for in that he is not a father Vasq lib. 1. illustr quaest Cap. 8. n. 18. Si dominus subditum enormiter atrociter oneraret princeps superior vasallum posset ex toto eximere a sua jurisdictione etiam tacente subdito nihil petente Quid papa in suis decis parliam grat decis 32. Si quis Baro. abutentes dominio privari possunt The Servant may resist the Master if he attempt unjustly to kill him So may the wife do to the Husband If the pilot should wilfully run the ship on a roke to destroy himself and his passengers they might violently thrust him from the helme Every Tyrants is a furious Man and is morally distracted as althus sayeth polit cap. 28. n. 30. seqq 4. Pag. 262. That which is given as a blessing and a favour and a scrine betwixt the Peoples Liberty and their bondage cannot be given of God as a bondage and slavery to the People But the Power of a King is given as a blessing favour of God to defend the poor needy to preserve both tables of the law and to keep the People in their libertyes from oppressing and treading on upon another But so it is that if such a power be given of God to a King by which actu primo he is invested of God to do acts of Tyranny and so to do them that to resist him in the most innocent way which is self defence must be resisting of God and rebellion against the King his deputy Then hath God given a royal power as incontrollable by mortal men by any violence as if God himself were immediatly and personally resisted when the King is resisted and so this power shall be a power to waste and destroy irresistably and so in it self a plague and curse for it cannot be ordained both according to the intention and genuine formal effect and intrinsecal operation of the power to preserve the tables of the Law Religion and Liberty Subject and lawes and also to destroy the same But it is taught by Royalists That this power is for Tyranny as wel as for peacable government because to resist this royal power put forth in acts either of Tyranny or just government is to resist the ordinance of God as Royalists say from Rom. 13 1 2 3. We know to resist God's Ordinance and Gods deputy formaliter as his deputy is to resist God himself 2 Sam. 8. ver
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
for as Lex Rex sheweth The Church of God was to bear with all patience the indignation of the Lord because she had sinned Micah 9 10 11 12. and yet she was not obliged to non-resistence but rather obliged to fight against here Enemies David beare patiently the wrong that this Sone absolome did to him as is clear by 2 Sam. 25 ver 25 26. and Cap. 16 v. 10 11 12. Psal 3 v 1 2 3. Yet did he lawfully resist him and his forces So we are to beare sicknesse paines and torments which the Lord sendeth on us and yet very lawfully may we labour and use all lawful meanes to be freed from them 10. Christ's Rule to us Math. 5 v. 39. is that whosoever shall smile us on the right cheek we should turne the other to him also and what more patient subjection can be required by a Magistrate of his subjects and yet this will not make it altogether unlawful for private persones to defend themselves from unjust violence offered them by their equalls or inferiours No more will it follow from that patient subjection that we owe to Rulers that in no case we may resist their unjust violence and defend ourselves there from 11. I hope notwithstanding of any thing that is spoken in these passages he will allow children when wronged by their Parents and Servants when iniured by their Masters liberty to complaine to Magistrates who are over both and yet this is the useing of a legal resistence and as much opposite if at all opposite to the patience and subjection injoyned as is violent resistence when that legal resistence cannot be had as suppose when Father and Son and Master and Servant are living in no Community where there are Rulers and Judges over them and if this be lawful in this case as it cannot be denyed then must it also be lawfull for subjects to repel the unjust violence of Princes with violence Because there is no political Rulers over both King People But People must make use of that Court and tribunal of necessity which nature hath allowed and by innocent violence repel the unjust violence of Princes seing there is no other remedy His second ground out of Scripture is taken from Mat. 5 ver 10. 1 Pet. 4 ver 14 17. and the like places Where there is a commended suffering for Christ and Righteousnesse sake and consequently a sort of commanded suffering a suffering contradistinct from suffering for evil doing even a cleanly submission to suffer in and for well doing when God in his providence permits Rulers so to abuse their power which passive subjection or submission is not grounded on the Rulers abuse of his power through his corrupt will but upon the peculiar command of God enjoyning submission in such cases Answ 1. These the like speak nothing at all to the poynt For as we may be persecuted for righteousnesse sake by equalls Yea and by inferiours so we are to suffer that persecution when God in his providence calleth us thereunto with patience and humble submission of Spirit But is this a good argument to prove that it is unlawful for us to resist and repel injuries offered to us by equals or inferiours And if it will not prove it unlawful for us to resist our equals or inferiours neither can it hence be inferred that it is unlawful for us to resist Superiours 2. By this same reason the King if a Christian is bound to submit as well to his subjects as they to him at least he is not bound to resist a foraigne King invading him for Religion which I know not who will grant 3. That God alwayes calleth us to submissio nor passive subjection when in his providence he permits Rulers to abuse their power is the thing in question and this argument doth no way prove it 4. We grant that God calleth us to suffer for righteousnesse sake patiently and Christianly whether at the hands of Superiours or at the hands of equals or inferiours when in his providence we are so stated as that we must either suffer or sin by denying a testimony for his truth and cause But that when a door is opened for eshewing suffering and God in his providence seemeth not to call us thereunto as he never doth when he giveth a faire way of preventing it we are called to suffer and bound to choose suffering at the hands of any is denyed and not proved by him But furder he tells us That Lex Rexquaest 30. Leers at passive obedience as a chymaera as a dreame and as involving a contradiction And he thinks sayes he he speaketh acutely in saying God never gave to any a command to suffer for well doing nor at all to suffer suffering depending on the free will of another without us and not on our owne free will and so not falling under any command of God to us but he reasones sayes he very sophistically inferring that because meer suffering which necessarily depends on the action of another is not commanded to us therefore subjection to suffering or passive obedience is not commanded when the Magistrate inflicts suffering Ans The worthy Author of Lex Rex was there answering the objection of Royalists who alledged such places where they supposed we were commanded to suffer and among several assertions which he laid down to solve this he had this assertions That suffering formally as suffering nor non-resisting passive could fall under no formal law of God except in two cases 1. in the poynt of Christ's passive obedience and 2. indirectly and comparatively when it cometh to the election of the witnesse of Iesus whether he will suffer or deny the truth of Christ so that this alternative must be unavoydable otherwayes sayd he no man is to expect the reward of a witnesse of Iesus who having a lavvful possible meane of eshevving suffering doth yet cast himself into suffering needlesly Novv vvhat a meer vvrangler must this be vvho sayeth that that vvorthy Author did reason sophistically in so inferring vvhileas he is only ansvvering the objection and hereby he doth it sufficiently for if it be evinced as he hath unansvverably evinced it that passive obedience or passive subjection is not formally commanded then their arguments proving this passive subjection to be our duty are null and so they cannot hence inferre that non-subjection passive is forbidden And vvhat have they gained then out of these places Can this Surveyer affirme that passion as passion or suffering formally as such cometh under a command of God no he dar not but must vvith Lex Rex say that it is impossible that meer passion as to be whipped to be hanged to be beheaded should be the object of an affirmative or perceptive command of God Why then is he offended vvith Lex Rex Why jeers he at that worthy Author saying he thinks he speaks acutely is this to answere Lex Rex to jeer at what is there sayd aud then be forced or speak
King of Persia did flee to the Romans to seek their help upon which and some other causes a war arose betwixt the Romans and the said King It is true they made not head against the King while they remained in his countrey because they were not able otherwise they had not run to the Romans for help Our Surveyer cannot deny that they sought the Emperour's help but he saves This will not necessarily Import that they stirred them up to invade their King in their behalf but that having come to them they might have the help and benefite of their protection But vvhether they stirred up the Empâ—rour or not is not much to the matter seing they came as suppliants and as Socrat. sayes Lib. 7. Cap. 18. craved that they vvould pity their case and not suffer them to be so oppressed and the Emperour made this one cause of the vvar vvhich he undertook against him and vvas one of the causes as the historie tells us that made the Romans angry with them and vvhen the Persian King demanded back his fugitives it vvas ansvvered they vvould not do that yea and that not only they vvould endeavour to set the suppliants at freedome and deliver them from their oppressours but also that they vvould undergoe any thing for the good of the Christian Religion and as socrat sayeth lib. 7. c. 18. they purposed not only to aide them but also with all might possible generally to maintaine the quarrel in the behalf of Christian Religion Againe our Surveyer tels us that the Persian Kings had once submitted to the Romans Which whether true or false is not mentioned in all this history either as the ground moving the oppressed Christians to flee to the Emperour Theodosius for help or moving Theodosius to wage vvarre against them And so by this example of theirs we see that oppressed subjects may run and seek releef from strangers when they cannot help themselves Thus we see this Surveyer's argument is many wayes weak and against himself Moreover 4. When Athanasius was forced to flee out of Alexandria and Gregorius was brought thither with armed souldiers and put in possession of the Church the Citizens of Alexandria not withstanding of Syrianus the captane under the Emperour his being there with five thousand armed men were so displeased with what was done that they set St. Denis Church on fire See Socrat. Hist Eccles Lib. 2. Cap. 8. Or cap. 11. after the greek copy 5. When the honest People at Constantinople had chosen Paulus to be their Bishop after the death of Eusebius the Emperour Constantius sent Hermogenes the captaine to thrust Paulus out of the Church and when he came to execute his commission with force the People prepared themselves to aide their Bishop forced the house where Hermogenes was and pulled him out by the eares and killed him See Socrat. Lib. 2. Cap. 10. 6. When Paulus was againe placed in Constantinople the Emperour sends Philip the president to remove him and to appoynt Macedonius the Arian in his stead But Philip was so affrayed of the People that he went straight unto the publick bath called Zenxippus and sends for Paulus and being in fear of the multitude who being suspicious flocked thither conveyes him secretly out a back window Then he and Macedonius went unto the Church and were guarded all alongs by souldiers with naked swords and when they came to the door the throng was such that they could not enter till there were some thousands Killed If Philp the Emperours Lievtenant had not been afraid of the People he had not done as he did So for fear of the People the Lieutenant of Valens the Emperour durst not execute these fowrscore priests who had come 〈◊〉 supplicate the Emperour in name of all the rest in Nicomedia and were commanded to be killed by the Emperour See Socrat. Lib 4. Cap. 13. all which sayes it was no rare thing for People to resist even with force the Emperours Emissaries sent to execute his unjust decrees 7. Socrates tells us Hist Eccles Lib. 7. Cap. 14. hovv divers Monks inhabiting mont Nitria espoused Cyril's quarrel and coming to Alexandria assaulted the Lieutenant in his Chariot with stones so that his guaird was forced to flee away 8. About the year 404. when the Emperour had banished Chrisostome the People flocked together about the palace so that the Emperour was necessitated to call him back againe from his exile See Hist Tripare Lib. 10. Cap. 13. 9. When Ambrose was banished by Valentinian the Emperour at the instigation of his Mother Iustina the People did resist such as came to carry him away such was their Zeal for the truth and love to their injured Bishop see Hist Tripart Lib. 9. Cap. 20. and they would rather lose their lives as suffer their pastor to be taken away by the souldiers that were sent to pull him out of the Church and thurst him away by force See Ruffini Histor Lib. 11. c. 15. Now let the Surveyer tels us what he thinks of their practice And if he think their practice any other commentary to Rom. 13. then our glosses and if it be any thing different from our practice in these dregs of time as he loveth to speak We proceed now unto his Reasons which are but the same things we have heard formerly The summe of the first is this That doctrine cannot be of God which to the eye of sound reason doth unavoidably if practised overthrow God's order for setling Societyes and open a gap to perpetual seditions against Magistrates and will please wicked malefactors well being a proclamatoin to them when condemned to violent the Magistrate for the matter is referred to each particular person to judge of his owne suffering and his discretive judgement must determine him to resist Answ Here is a heap of words but no sinewes of an argument This man is good at catching poor simple ones that cannot discerne his tallacies But such as are wise will smile at his confidence in reasoning after this manner For. 1. His doctrine not ours overthroweth God's order It is God's order that Commonwealths be preserved from ruine and destruction that Magistrates should lay out themselves and all their power for the good of the Realme over which they are for as Ciecro sayeth eo referenda sunt omnia its qui praesunt aliâ—s ut â—i qui erunt eorum in imperio sint quam beatissimi and elsewhere ut gubernatori cursus secundus medico salus imperatori victoria sic moderatori Reipublica beata Civium vita proposita est But by his doctrine if the Soveraigne will and how mutable and inclineable to tyranny the will of Princes is all ages hath witnessed The Commonwealth is remedylesty gone if he will destroy the same there is no help if he turne Tyrant and one wreatched Counseller may in a short time by asse a Prince that is not otherwise wel balasted to this ruine is unavoydable But by our doctrine there is
a remedy to preserve the commonwealth from ruine more regaird is to be had to this which is the end then to the Prince who as such is but a medium to this end 2. Such as plead for the good of humane Societyes should as much labour to prevent the utter overturning of the same as to prevent seditions Good phisitians will labour more carefully to prevent death then to prevent a little distemper or sicknesse yea and will cause a distemper to prevent destruction but this montebank if he procure with his prescriptions present ease careth not though the patient die the next day But 3. How doth our doctrine open a perpetual gap to seditions Because sayes he by our way every private person is made judge not only his owne actions but of his sufferings and he must suffer no more then he thinks meet But 1. would he have all the Subjects becomeing more senselesse and stupide then beasts Would he have them casting away their soul judgment that they should have no more use of their reason to judge what either is commanded or imposed by penalty If he grant a judgement of discretion in actings how will he salve the Magistrat's credite and honour and prevent rebellion and sedition if there be such a necessary connexion betwixt the exercise of this judgement and the consequent he dreameth of For disobedience is a resistence as well as non-submission to the punishment 2. Though we allow to every one a judgement of discretion yet we allow no man's judgement to be the rule of his walking We say not that an erring judgment is a rule to walk by and therefore we say that a subject is bound to obey the Magistrates lawful commands though he in his private judgement should account them sinful so we say he is bound to submit to punishment which is just and justly inflicted though he judge otherwayes Yea we grant furder he is bound to submit to unjust sentences patiently when he cannot by faire and possible meanes shun them Yea moreover we grant that in matters of smaller moment he may lawfully beare with the losse of a little to redeeme more or save more from hazard But our question is if the Body of a land or a considerable part thereof ought stupidly to submit to the losse of Life Lands Libertyes and Religion when not only they judge these to be in hazard but when all who have eyes in their head see it it is undenyable being written on all the Acts actings of these in power palpably too too sensibly felt by al such as desire to keep a good conscience to be keeped free from the rageing wickednesse aposrasy of this generation 4. Though I know few malefactors who when attached arraigned condemned would not do what they could to deliver themselvs from death though this question had never been started yet our doctrine will not warrand such to do violence to the Magistrate For we judge it not enough that they say they are innocent and deserve on punishment Our case is a case that is manifest and not our and a publick injury avowed and maintained And will he think that because a Malefactor justly condemned to die may not resist the Magistrate executing his office Therefore a Land may not defend themselves against the Kings Emissaries sent out to execute unjust sentences tending to the ruine and destruction of Religion and Liberties His 2. Reason Pag. 44. is in summe this That by this way Magisirates in doing their duty cannot be secured for it is not enough to say let Magistrates rule rightly and not oppresse because that in the holy permissive providence of God oft the best princes are not best used some crossing of the will of a forward and furiâ—â—s party may move them to fancy ther Prince a Tyrant and thereupon account themselves free to offer violence And from resistence they will goe to revenge the fury of evil consciences instigating them in histories it will be found that hardly did ever people resist a prince but in end it came to revenge and of times the best princes have been worst used at least as evil as the naughtiest as may be seen a mong the Roman Emperours and Christian Emperours and Kings and amongst our own Kings c. Answ Lend us this argument and we shall see what to make of it By his doctrine people can never be secured from unjust violence or from continual oppression and slavery for it is in vaine to say let them do that which is right and Magistrates will do their duty for albeit it be true that faithful and honest subjects may in the way of their duty expect from God that he will incline the hearts of Magistrates to respect and encourage them yet in the holy permissive providence of God it comes often to passe that the best people are not best used by their princes And this all histories both ancient and moderne abundantly demonstrate This court divine is all for the secureing of the Prince in all his tyrannies oppressions and speaks nothing for guarding the saifty of the people which is the end for which Magistrates were appoynted And this is to pervert the order of nature so to secure the meane as to destroy the end For that is to make the meane the end and no more the meane 2. We justify not Subjects as are unruly seditious against good Magistrates doing their duty nor do we plead for Subjects riseing up in armes against their Magistrates for every small injury or when they deviate in a little from the right way Let him grant to us That subjects may oppose their Magistrates and resist unjust violence with violence when in stead of being Magistrates they become wolves and Tygers and in stead of being pastors of the people they become lyons seeking to destroy and devoure them and when they overturne the ends for which they were appoynted and destroy the liberties of the Subject overturne the Religion which they were obliged sworne to defend in their place and according to their power and we desire no more 3. If any under pretext of repelling of violence shall unjustly injure the Magistrate we approve not such we justify them not let them answere for that themselves This is nothing to our question if he say that our doctrine openeth a gap to this He is mistaken for such as say that the sinful and unjust commands of Magistrates should not b e obeyed do not open a gap to all disobedience even in the most just commands And since he will grant that unjust commands ought not to be obeyed let him close the door here so that from this there shall be no hazard of mocking the Magistrate when commanding just and necessary dutyes And with the same engyne shall we close the door so that when we say that Magistrates destroying Religion Libertyes and what is dear to Subjects may be resisted we shall secure the
State is a maine article of their new faith to do so is one of their new commands added to God's For 1. It never was a certane truth nor ever was reckoned among the immovables of Religion except by Court divines base flattering Sycophants whose maine and only Religion was and is to please the King that he might full their bellies that absolute and illimited subjection was due to Princes by the whole body of the People so that if he should send our Emissaries like so many wild Beares to kill Man Wife and Children Without colour and pretence of Law or reason People should do nothing but cast open their brests and hold up their throats that they may be devoured at once what sound Divine sayeth so What sound Divine putteth this brutish subjection among the ancient land marks Yea what sober Royalist that is not with this surveyer intoxicate with Royal gifts till his braines be crack't and his rationality brutified dar positively averre that this is to be put among the immoveables of Religion 2. This principle which he calleth new and as false as new is an old truth verified by the practices of all ages and is as true as old which he might easily see if his new dignities and gifts had not blinded his eyes and made him as false and perfidious as he is notour 3. He tells that our principle tends to confound both Church and State because we plead against Tyranny either in Church or State a pretty reason Because we plead for that which tendeth to the preservation of Church and State in being and purity therefore we plead for confounding Church and State whereas his principle of Tyranny in Church and State is the readyest way imaginable to destroy both as hath been seen by many sad and dreadful examples before our dayes 4. This man who hath perfidiously renunced his Covenant with God and avowed his perjury to all the World and his palpable breach of and casting behind his heels the third command talks of our adding new articles to our faith and a new command to God's because we will not deny the principles of nature nor grant that free-born subjects are slaves or brutes And with him Tyranny is the ancient Land-mark and the chief poynt of his Religion and a maine article of his faith and one of the grand commands of the time But many know at whose girdle his faith and his Religion hangs But we will choose none of his Religion principles articles of faith or commands For they change with the Court and we know Court Divinity is a coat of many colours faire and fashionable but such as will neither keep from cold nor cover our nakednesse far lesse save from God's wrath in the day of accounts CAP. XV. Some other Particulars alledged by the Surveyer against us examined HAving in the two preceeding Chapters answered his maine Cardinal Arguments our labour will not be great in confuteing what followeth He says Pag. 22. We shake hands with any Papists asserting that any person unjustly pursued by Magistrates may defend himself by armes and slay them if he cannot otherwise escape no lesse then Robbers or cut-throats Thus Becan Tom. 2. contr Tract 3. quaest 8. Swarez contra Reg. Angl. Lib. 6. cap. 4. § 6. So Aquin. 2. 2. qu. 70. Art 4. c. To which we answere 1. That the question which these Papists speak to is different from ours We speak not concerning vvhat a privat single person may do vvhen arraigned and unjustly condemned but concerning what a community may do when unjustly oppressed persecuted by Magistrats contrare to their trust and oath 2. We speake not of private persons killing Magistrates at their own hand but of privat persons or a community their defending themselves against unjust violence and this truth which we maintain was owned and practised before ever any Papist put pen to Paper Next he tells us That Mr Calvsn is of another judgment Inst Lib. 4. cap. 20. § 26 31. To which we answere 1 Mr Calvin is asserting that wicked men may be Magistrates and that such though wicked while they are in office should be acknowledged as God's deputyes for so sayes he § 25. In homine deterrimo honoreque omni indignissimo penes quem modò sit publica potestas praeclaram illam Divinam potestatem residere quam Dominus justitiae ac judicit sui Ministris verbo suo detulit proinde à subditis eâdem in reverent â dignatione habendum quantum ad publicam obedientiam attinet qua optimum Regem si daretur habituri essent And in the following Sections sheweth that such ought to be so accounted who are in the possession of the Throne whatever way they have attained to it as Nebuchadnezzar who yet was but the hammer of the earth Ierem. 50 ver 23. Belsazer and the rest of that Kinde and therefore § 29. he sayeth Hunc reverentiae atque adeo pietatis affectum debemus ad extremum prafectis nostris omnibus qualescunque tandem sint And would have us § 31. carefull not to rub contempt upon or to violent the office or ordinance of God even in such which we easily assent unto Because that this is not repugnant to a sinlesse self-defence and resistence made to their open Tyranny when seeking to destroy Religion Libertyes and every thing that is previous and deare unto the Subjects It is true some-where his expressions seem to condemne resistence but that which we have mentioned is the maine thing he presseth and he doth not speak to the case of resistence particularly 2. Though we should grant that in this particular Calvin is not ours yet the Surveyer must know that § 31. he is against him also for the Surveyer putteth Parliaments all inferiour Magistrates in the same condition with private Subjects and yet Calvin sayeth that such as are as the Ephori among the Lacedemonians the Tribuns of the people among the Romans and the Demarchi among the Atheniens and the Estates of Parliament may and ought to suppresse the Tyranny of Princes And so in this matter Calvin shall be more for us then for him 3. It would be noted both in reference to the testimony cited out of Calvin and to the testimonies of other following That the case which they speak to is different far from ours For with us both King and Subject are bound in a solemne Covenant to God to maintaine and promote a work of Reformation and upon these tearmes did out King imbrace the Scepter and became obliged by conditions unto his People And sure more may be said for our defending our selves our Covenant and our Religion when unjustly persecuted by the King then for other privat Subjects who are by Gods Providence under Heathen Princes or conquerours or under Princes of a different Religion and who have no security or immunity covenanted unto them by these Princes Then the citeth some passages out of Peter Martyr's Loc.
concerning all the land no lesse then these who jeoparded their lives for the same no man in reason can condemne these few that undertooke the interprise the profitable effects of which would have redounded to the whole When a city is on fire no man will think the few that hazard their lives to quench the same are to be blamed though the rest doe lye by and will not concurre The men of Ephraim Benjamin and Issacher who followed Deborah and jeoparded their lives upon the high places of the field that they might deliver the whole land from under the Tyrranny of Iabes King of Canaan though Reuben God and Zebulon did not concurre according to their duty were not the more to be blamed but are the more praised and commended and such as came not put to the help of the Lord against the mighty were under a bitter curse The common tye of Christianity and brotherhood and other supervenient obligations did oblige all the Land as was shewed above to concurre as one man to endeavour the deliverance of he Land from dreadful oppression and tyranny and because the greatest part like Issacher in an other case loved to couch under the burden and refused to contribut their help for their owne delivery and proved enemies shall these few who ventured their lives and Estates and all which they had for the liberation of the land be the more upon that account condemned What hight of absurdity were this Had the Men of Ephraim good reason to challenge Iephthah Iudg. 12 ver 1 2. c. because he fought with the Midianites without them when he sayes that he had called them and they would not come out If an Enemy invade the land and such provinces as are furthest from danger shall neglect or refuse to concure with the rest to expell them yea shall strengthen the invadeing enemy shall these be blamed who are next to the danger to take the alarme at the first and do what in them lyeth for their owne saifty and the saifty of the whole land Therefore seing the cause which these few owned was of common concernment and equally respecting the whole land since the rest would not concurre as they were bound to do they are more praise-worthy then blame-worthy that ventured all for the good of the whole land and did what in them lay to redeem the whole land from that oppression and bondage under which it was lying If it had been some small petty particulare of their owne it had been more lyable to the censures of men but the cause being Common which they did owne a Covenant sworne by all ranks of People and a Covenanted work of reformation and liberty from tyranny both in Church and State was a cause not peculiar unto them but common to all the land it is the hight of absurdity illegality yea and inhumanity to accuse them of Treason of sedition or to condemne their interprise upon that account So that though the major part of the land turne so corrupt as to imbrace a corrupt abjured course see their privileges taken from them the vvork of God overthrovvne lavves ratifying and approving Religion reformed in doctrine vvorshipe discipline and government and secureing people in their peacable and Christian possession of these novv abolished rescinded and annulled their libertyes as civil scotish men and as Christians sold avvay their fundamental compact and the cardinall clause of that contract betvvixt King and Subject cancelled and shamefully brocken Tyranny and oppression of consciences bodyes and Estates established and no legal remedy or redresse apparent or probable and shall notwithstanding of all this love to sit still not to be stirr themselves according to their places power for secureing Religion lawes libertyes For extirpating abjured prelacy and malignancy and restoreing the Ordinances of Christ to their wonted purity delivering the land from slavery bondage from stupenduous apostasy defection at which the Heavens may stand astonished and all men and angels may wonder Shall their negligence and deficiency in duty binde up the hands of the wel affected and render them utterly incapable in law to minde themselves and the good of the whole land the good whereof they are obliged by many bonds and obligations to seek by all farie meanes possible Neither doth the lawes of Nature the lawes of God nor particularly the bond of Christian love to their Native land to their Mother Church and to their Christian oppressed brethren nor the bond of their Covenants solemne vowes and engadgments so limite this duty and loose them from all endeavour after a performance But by the contrare if God give any probable capacity upon all these considerations they are the more obliged to lay out themselves to the utmost and to account themselves the more indispnesably obliged thereunto that as the hazard is greater the losse is the more certane and irrecoverable Wherefore seing the ground and ends of the riseing of these few was not particular but general and national the good and benefite of the interprise redounding unto all no lesse then to themselves and being that whereunto all no lesse then they were obliged by solemne vowes and moral bonds their case must be otherwise considered then the case of a few malcontented persons who because of some particular injuries done to themselves and for some particular ends proper and peculiar to themselves alone arise in rebellion against the lawful Magistrate The Royalists themselves allow it lawful for any privat person to kill an usurper or a Tyrant sine titulo and why But because the good of this action doth redound not to himself alone But to the whole Land So in some places a reward is promised to all such as shall kill a Bear or any such noysome beast because the good and frute of this action concerneth moe then themselves and therefore though all were bound to do what they did yet they are not blamed but rewarded for what they have done So should these rather have been revvarded then blamed or condemned for vvhat they did interprise for the universal and national good of the vvhole Land As for the third Objection so much hath been spoken of that already whether we mean the particular sufferings and oppressions of the People of Galloway The Naphtaly is full to this purpose or the general calamity by reason of apostasy defection perjury oppression in Religion and libertyes which is so noture that none who hath not renunced common sense together with Religion honesty can deny it or pretend ignorance thereof that we need do no more here but give a short reply to what the Surv. hath said to this matter only we would adde this That if That learned lawyer Althusius in his politikes Cap. 38. n. 5. c. give the right characters of a Tyrant and of Tyranny we may have good ground to say that our land beareth many blae marks of that tyranny for sayeth he there is
one kinde of Tyranny which consisteth in violating changeing or removing of fundamental lawes specially such as concerne Religion such sayes he was Athalia Philip the King of Spaine who contrare to the fundamental Belgick lawes did erect an administration of justice by force of armes and such was Charles the IX of France that thought to overturne the Salicque law and whether our King be not in this guilty in overturning the fundamental lawes concerning our reformed Religion let the world judge Next sayes he when he keepeth not his faith and promise but despiseth his very oath made unto the people and who is more guilty of this then King Charles the 2 â— n. 9. He giveth us this mark when the supreme Magistrate marketh use of an absolute power and so breaketh all bands for the good of humane society and are not the bonds both of piety and justice novv violated n. 11. He tels us a Tyrant doth take away from one or moe member of the Commonwealth free exercise of the orthodox Religion and n. 12. that for corrupting of youth he erecteth stage-playes whore houses and other play-houses and suffers the colleges and other seminaries of learning to be corrupted and n. 15. that living in luxury whoredome greed and idlenesse he neglecteth or is unfit for his office How these sute our times we need not expresse Then n. 16. He sayes he is a Tyrant who doth not desend his Subjects from injuries when he may but suffereth them to be oppressed and what if he oppresse them himself n. 19. who sayes he by immoder at exactions and the like exhausts the subjects Jer. 22 ver 13. 14. Ezech. 34. 1 King 12 19. Psal 14 4. and n. 10 who hindereth the free suffrages of Members of Parliament so that they dare not speak what they would how much of this we finde to be true in needlesse here to expresse Then n. 23 24 c. he tels us he is a Tyrant who takes away from the people all power to resist his tyranny as armes strengthes and chief men whom therefore though innocent he hateth afficteth and persecuteth exhausts their gods and lively-hoods without right or reason all which he confirmeth by several Scriptures And how apposite these are to our present case all know who is not an utter stranger to our matters So that when we have so many things to alledge none can justly blame us for saying that vve are oppressed and borne dovvne vvith insupportable tyranny and now we goe on to consider what he sayes And as to the first he tells us Pag. 68. That their life and blood was not sought upon any tearmes there was no forceing them to idolatry nor false worshipe nor frighting them to any thing of that kinde upon paine of their lives only for contempt of the outward ordinances of God purely administred in an orthodox Church they were put to pay such moderate fines as the publick lawes had appoynted Without any actual invasion of them or their persones They were the first aggressors murthering the Kings Servants and seiseing on his chief officer They had never before that assayed supplicating which was not forbidden them to do if so be they would have done it without tumults and combinations but flew to the sword and marched on to mock authority with armed petitions as they mocked God by sinful prayers to prosper their evil course Answ 1. What intention there was to seek the life and blood of these People God koweth But sure all who knew their case saw that their life was only left them that they might feel their misery So were they oppressed and harassed that death would have been chosen rather then life Were they not beaten wounded and bound as beasts their goods and substance devoured before their eyes were not their lands and tenements laid waste and many redacted to beggary Besides other inhumane barbarityes which they were made to suffer 2. We see he would allow it lawful to resist if the King should force to idolatry and false worship and what will he do then with his arguments which will not allow that exception as they are urged by him He must necessarily grant that they are inconcludent that it holdeth here Argumentum nihâ—l probat quod nimium probat 3. How beit they were not forced to idolatry yet by the same law reason and equity or rather Tyranny and inquity they might have been forced to that as to what they were forced That is by the law of Tyranny and violent oppression They were pressed to owne and countenance perjured prophane wicked and debauched Curates thrust in upon them contrare to their Privileges as lawful and duely called Ministers and thereby to owne and approve of Prelacy which was abjured and cast out of the Church with detestation and so to concurre in their places and stations with and give their testimony unto a most wicked and unparallelable course of defection and Apostacy from God and his holy wayes and works and thereby to condemne the Reformation of Religion in doctrine Worshipe Discipline and Government which God had vvonderfully vvrought amongst us and vvhich all ranks of People vvere solemnely svvorne to maintaine and defend 4. He talketh of the outvvard ordinances of God purely administred vvhen all knovv how these profane vvretches made all vvho ever knevv vvhat the service of the true and living God vvas to abhore the offering of the Lord For they despised the Name of the Lord and offered polluted bread upon his altar and made the table of the Lord contemptible they offered the blinde the lame and the sick and torne and thus they vovved sacrificed unto the Lord a corrupt thing Yea their administration of ordinances vvas and is to this day rather like histrionick acts and scenes then the service of the true and living God And vvhat sober serious Christian yea vvhat soul that hath any beleeving apprehensions of the Majesty of God can be vvitnesse let be a concurring actor in and consenter unto such abhomination and idol-like Worshipe 5. He talkes of an orthodox Church vvherein perjury and such like abhominations are approved and countenanced maintained and avovved and vvherein the vvork of Reformation of Religion in Doctrine Worshipe Discipline and Government is condemned a Covenant abjureing Popery Prelacy Prophanesse Schisme and Heresy and whatsoever is contrary to sound doctrine and the power of godlinesse condemned and annulled and wherein Atheisme wickednesse ignorance licentiousnesse and all sort of prophanity yea and blasphemy aboundeth and wherein there is so much Popery and idolatry countenanced and connived at and such abhominations reigneing Our first confession of faith recorded in Parliament Cap. 18. giveth this as one note of a true Church viz. That in it Ecclesiasticall Discipline be uprightly ministred as God's Word prescribeth whereby vice is repressed vertue nourished But now there is a discipline repugnant to Gods Word administred whereby vice is nourished virtue suppressed 6. He sayes that
all which he hath to this purpose For as touching his application of this pag. 9. and 10. all alleging that there is no perversion of the Ends of government now it hath been spoken to already and his adversaries in this position if there be any such which I am ignorant of will think and make out that the ends of government are so far perverted that if there were no other thing lying in the way of a secession then vvhat he hath said they vvould think it of concernment to minde this outgate vvhich they had no thoughts of before And the King should then think himself little obliged to this man and his defences and wish that he had been sleeping when he wakened such a debate and himself had bestowed his gold another way For sure if such a thing were upon the heart of people now as I hope am confident it is not they will professe themselves obliged to this Surveyer for putting it into their head first and that all which he hath said against it would rather invite and encourage them to it then discourage them from it May not then this Man be ashamed to take his Majesties Money and do so bad service for it as he hath done But Some will possibly say what could any persons have said more Well though some should think me officious to take his Majesties part and defend his cause un-hired yea and undesired yet I will propose one thing which I am confident shall be more effectual for preserving the immemorially setled frame of this Nation and the union of all his Majesties Dominions to all generations without dissipation or dissolution or any hazard or feare thereof Then what this Pamphleting Prelate hath said Or will say though he should write volumes at this rate What is that you will say It is no great secret yet if heartily followed it shall prove infallibly effectual Let his Majesty Turne to the Lord with all his heart and repent of his fearful perjury and defection and minde his oath made unto the great God and performe his vowes and fulfil his Covenant which he swore with hands lifted up to the most high God and solemnely promised to owne and prosecute as he should answere to God in that day when the secrets of all hearts shall be disclosed and execute judgment on the Apostate Prelates by hanging them up before the Sun that the fierce anger of the Lord evidenced by moe as twice three Yeers famine of the word may be removed and on all others who have been authors and abettors of this norrible course of defection and unparallelable apostasy which makes these lands an hissing and a by-word to all nations and let him honestly and with an upright heart prosecute the ends of these holy Covenants and with that Godly King Asa 2. Chron. 15. Enter into a Covenant that whosoever will not seek the Lord God of Israel shall be put to death whether small or great whether Man or woman And let his successours follow his footsteps in this and he and they shall finde no imaginable bond so sure to tye his Kingdomes together perpetually as an indissoluble Society then these holy Covenants particularly that solemne league and Covenant In which all his subjects in Scotland England and Ireland did sweare in a most solemne manner to maintaine and promove reformation of Religion in Worshipe Doctrine Discipline and Government and endeavour to bring the Churches of God in the Three Kingdomes to the nearest conjunction and uniformity in Religion Confession of faith Forme of Church government Directory for worshipe and Catechiseing c. that they and their posterity after them may as brethren live in faith and love and the Lord may delight to dwell in the midst of them and that the Lord may be one and his name one in the three Kingdomes and to endeavour the discovery of all such as have been or shall be incendiaries Malignants or evil instruments by hindering the Reformation of Religion divideing the King from his People or one of the Kingdomes from another or make any faction or partyes among the People contrary to this League and Covenant that they may be brought to publick tryal and receive condigne punishment And that they should each one of them according to their place and interest endeavour that the Kingdomes may remaine conjoyned in firme peace and union to all posterity And that they shall not suffer themselves directly nor indirectly by whatsoever combination perswasion or terror to be divided withdrawne from this belssed union and conjunction Now what bonde more strong to unite and keep together his Majestie 's Dominions can the wit of Man imagine And shall not the owneing and prosecuting of this Covenant Appear to all rational persons the most infallible meane to effectuate this indissoluble union and lasting Conjunction that can be invented CAP. XIX How weakly and foolishly the Surveyer defendeth his Majestie 's Life is shewed THe surveyer finding how poorly he had defended the cause now mainly controverted viz. The unlawfulnesse of Peoples defending themselves and maintaining their Religion against manifest and intolerable oppression Cap. 2. That he might do something for his money would start another question wherein he thought he should do his Majsome acceptable piece of servicé and secure his life when all came to all Though he could not cudgil with his railing for he can move none with his reason the People into a stupide and irrational subjection so that let the King rage worse then ever Nero did they should not lift a hand to resist and withstand him He thinks he shall do the next best viz. he shall fortify his Majestie 's person and set such a guard of impregnable reasons about him that no man no company of men yea no judicatoure shall ever approach to touch his sacred person or to spoile him of his life a guard of reasons like lyon rampants be-like he thought them more invincible and saife then a legion of the most valient Champions that his Majestie 's kingdomes can aford But poor man he may dreame that such armes are impenetrable and proof because they are the best in his armory or that his dull head could hammer out But no man of reason will think so yea all who know that belongeth to this controversy and are not professed adversaries yea and the most ingenuous of them too will upon second thoughts be forced to say That never any put pen to paper in the King's quarrel who hath so foolishly and childishly managed that disput and how little he deserveth thanks let be a reward for his paines such as are sober will judge when they consider how little ground he had to move such a question now seeing the wronging of the King's Person or his just authority was not intended by those worthies who arose for the maintenance of Religion as such of them who were publickly put to death did openly upon the scaffold confesse and avow and
they were Was there any masse monger fined to this day Yet we know that precious worthy Christians have been rigidly inhumanely handled and mulcted for hearing an honest and worthy Minister of the Gospel preaching the Gospel in a privat place Ay but now he thinks he hath exonered himself and discharged a piece of duty both for himself and all his fraternity by saying It were to be wished Rulers looked to it And is this all the remedy he prescribeth What will He do May he not dar he not grieve or vex his Elder Brethren What shall we then say of his inspection Is it lawful or is it of Gold which is wholly imployed and exercised in persecuteing of the honest seekers of God's face and countenanceth and encourageth Papists No certanely That power whose proper work is to root out piety as haveing that only in commission and which fostereth and incourageth profanity and Idolatry is a power of Satan tending to advance his work and interest in the Earth and to establish and enlarge his Kingdome What further But truely sayes he when she Spirit of such writeings as this is considered it will be found there is cause to feare unlesse the wisdome and goodnesse of Cod and the prudence of the King and Governours under him prevent it That as one way the Roman Antichrist may come in So some furious Successour of John of Leyden under pretence of a Phineas like Spirit come in another way upon our Church and Land to lay it waste and to make it a field of confusion and blood Answ Were there no Papists in Scotland or was there no appearance of the approaching of the Roman Antichrist before these books came abroad What a Spirit I pray is that which is in these books which can give any cause of feare that the Roman Antichrist may come in upon that account What tendency I pray hath any thing that is asserted in these books to the introduceing of Popery His needle head shall never be able to poynt this forth Yea let the true designe of these books be once obtained and I promise him that ere few weeks passe there shall be few or none in all Scotland who shall be so bold as to professe either Popery or Prelacy These must be strange books which open two contrary doors at once upon the one hand a door for the Roman Antichrist and upon the other hand a door for some furious Successour of Iohn of Leyden but both are alike true that is both are manifestly false Though his fear for the coming in of the Roman Antichrist be first named yet it is the least of the two with him for the thing which most affrighteth him is this last but he needeth not fear it let King and inferiour Governours joyne piety and true divine Zeal for God his glory with their prudence and set themselves to establish the covenanted Religion as it was reformed in Doctrine Worshipe Discipline Government purge out such things as offend especially that bitter root of Prelacy which we abjured and prosecute the ends of the Covenants and the vvisdome and goodness of God shall preserve both Church and State But so long as there is no repentance of the horrible Apostasy and defection vvhereof King and all ranks are guilty And particularly that Apostate pack which care neither for Church or State King or Counâ—rey but in subordination to their ovvne bellies and bese lusts is not extirpated vvithall their adherents vve have no ground to expect that God shall preserve either Church or State from destruction and ruine Because vve have forsaken the Lord God of our Fathers vve can not but fear that he shall forsake us and cast our carcases upon the carcases of our idols and his soul shall abhorre us and he shall lay our cityes waste bring our Sanctuaryes into desolation and shall not smell the Savour of our sweet odours yea and shall scatter us among the heathen and draw out a sword after us and our Land shall be desolate and our Cityes waste c. Though we had all the security imaginable that never one of the furious brood of Iohn of Leyde should arise to lay the Land waste as indeed nothing asserted in these books may put rational Men in feares thereof from that hand though his lieing mouth addeth that the seeds of future miseries being too visibly sowne by this Man and his Complices whose mouths are full of blasphemies as their hearts and â—ands are full of blood and in so saying is like the whore in the common proverbe who calleth her honest Neighbour whose first whole mouths are more full of blasphemies their or ours all may judge who either read their writeings or heare their speaches in publick or in private And whose hearts and hands are more full of blood theirs or ours dayly experience will suffer no Man of common sense who marketh both once to put it to a question At length he apologizeth for his slowensse in comeing forth with his Survey telling us That this libel and like are not more quickly followed with meet animad vertsions is not to be marvelled at by any who knowes they are like the pestilence that walks in darkensse and that hardly do they come to the hands of any but such as are willing to be deceived by them being intended for the blinding of these not for the opening of the eyes of others But truly He might have for borne to have made such an Apology For it may be some who have most imployed him and rewarded him too for his paines will think that he hath but too quickly followed with his animadversions and possibly shall wish that they had never seen the light since he hath done so little good by them to the cause which he becometh a Patrone unto both in starting needlesse and dangerous debates for the Kings Throne and Kingdomes yea for his Life in managing these debates so poorly as he hath done to speak nothing of his weake defending of the maine cause controverted which is abundantly discovered by this vindication Whereby also he hath occasioned the more accurate ripeing up of that debate touching defensive armes and laying it open and naked unto the judgment and capacity of the meanest so that the truthes which he endeavoured to shake and overturne are now more firmly then ever riveted in the hearts of all vvho search after truth Yet sure had be been able he â—ight have brought forth this brood of his braine sooner to light for he had time enough after the publick Proclamation vvas made that such a book vvas come forth by the fire prepared of purpose at the crosse of Edenbrâ—ugh to consume it into asses before which time I suppose very fevv knevv of such a thing And by this solemne fiery Proclamation the curiosity of some was kindled to enquire after the book who othewise vvould have used no great diligence to have obtained one of them yea possibly would never have learned that there was such a book in the World and so could have been in no hazard to have been infected thereby And before this time that they met vvith this solemne recaption there vvas not as is sufficiently knovvn many of them abroad for it came but too soon into the hands of such as put that honour on it which vvas expected and thereby helped forvvard the Authors designe Is it any wonder that such pieces must keep themselves as long as they can out of such fiery hands Seing the first salutation they meet vvith is a brief sentence of condemnation by the Council and a 〈…〉 or execution rather by the hand of the Hangman in the â—â—repared of purpose for that solemne Disput Let him if he â—ar or can procure a free imprimatur for such necessary and useful books and liberty for stationers to expose them to open sale and then it will be seen whether they or his shall hide themselves longest in the corner of shopes and be at lengh laid aside for other uses then at first they were intended for He sayes they were intended for the blinding of these into whose hands they come not for the opening of the eyes of others But he speaks like himself They were really intended for the opening of the eyes of all who would but read and seriously consider what is said and would not willingly shote out their owne eyes And as for his Pamphlet I verily beleeve what ever was his intention it shall deceive none but such as are already deceived or very willing to be deceived shall open the eyes of none unlesse per accidens by making them to apprehend more clearly then formerly they would truth upon the other side by discovering the childish frivolous and weak evasions and exceptions which he is necessitated to make use of In the last Page He giveth us a short hint of what he mindeth to do in the following part of this his elaborate work where we are like to finde him as impudent and shamelesse a Patron of perjury as here we have found him a pleader for Tyranny But we shall forbeare to say more at this time till God offer an opportunity of considering and answering what he shall say further upon these heads and digressions The Lord establish truth in the Earth visite his owne inheritance and send a plentiful raine to confirme the same when it is weary for his owne names sake AMEN FINIS
non-sense to affirme the same thing that is there asserted But sayes he Pag. 34. Subjection to the passion may fall under a command and this is called passive obedience which implyes more then meer passion or suffering even a disposition and motion of the heart to lye under that lot with an eye to God whose ordinance is used upon the sufferer only it is called passive obedience because as to the precise suffering the punishment there is no external action done enjoyned by the law or command of the Magistrate as there is in active obedience although there be some dispositive or preparatory actions in order to suffering not inferring a direct preparation to a mans owne suffering which he may and ought to do as going to a gallowes on his owne feet or up a ladder or laying down his head on a block that it may be strucken off Answ That subjection to the passion might fall under a command was granted in some cases by Lex Rex as was said but that it falleth under a command when God openeth a faire door to eshew it he is not able to prove 2. Hovv proper it is to call that submission passive obedience is not worth the while to enquire Lex Rex tolde us and he cannot confute it that it was repugnantia in adjecto to call it obedience since obedience properly so called is relative essentially to a law Now there is no moral law enjoyning this for no man is formally a sinner against a moral law because he suffereth not the evil of punishment nor are these in hell formally obedient to a law because they suffer against their will 3. As for that disposition and motion of heart which he speaketh of that is nothing but what Lex Rex said viz. That modus rei the manner of suffering was under a command and indeed obedience to that was and is obedience to a moral law But the Surveyer called it an errour to say that only the modus rei is commanded or forbidden and why because sayes he That same command that forbids resisting the Magistrate in doing his duty enjoyneth submission and passive obedience to him although we were able by force to deliver ourselves out of his hand Answ Then by him there is no medium betwixt this submission to passive obedience and positive resistence And so either he must say that flying is resisting which yet Pag. 41. he calleth a monster of a Stoical paradox or he must say that flying and refuseing to submit to this passive obedience is a submitting to this passive obedience And whether this will not rather look like a monster of a Stöical paradox let all men of common sense judge 2. Is the guilty person bound by any moral law to suffer death or whipping if the Magistrate will not execute the sentence upon him Or is every one in that case bound to deliver up himself to the Magistrate accuse himself and pursue the accusation until the sentence be executed If not how doth this passive submission fall under a moral law If he say when he is apprehended or in hands he is not to resist but submit to the stroke Answer 1. Will not any see that then the res ipsa is not commanded but the modus rei and so Lex Rex said true Pag. 318. That passive obedience to wicked Rulers was enjoyed Rom. 13. only in the manner and upon supposition that we must be subject to them and must suffer against our wills all the evil of punishment that they can inflict Then we must suffer patiently But 2. Though we be bound to submit to the Magistrate doing his duty and inflicting just punishment will it follow that therefore we are bound to submit to the Magistrate doing not his duty but inflicting unjust punishment Or doth the same passive obedience to powers punishing unjustly fall under the moral law How doth he prove either the consequence or the consequent We assert sayes he Pag. 53. That a private person though wrongfully afflicted by the lawful Magistrate proceeding according to law let it be so that it is lex malè posita or an evil law is hound not only to Christian patience in suffering but unto a submission without repelling of violence by violence and that in conscientious respect to the ordinance of God wherewith the lawful Magistrate is invested although abuseing it in this particular and with a tender regard to the prevention of seditions and confusions in humane societies Ans 1. This is dictator-like to prove the conclusion by asserting it what a ridiculous fool is he to come with his assertions and yet give us nothing but the very thing controverted Is not this a very hungry empty man to beg when he cannot better do the very thing in quaestion 2. Then it seemeth he will grant that a privat person may resist the lawful Magistrate when proceeding contrary to law where is then the conscientious respect to the Ordinance of God wherewith the lawful Magistrate is invested and that tender regaird to prevent sedition c. which he talketh of Sure in the one case the Ordinance is but abused as it is in the other 3. Let me ask if there were a just judge sitting who would execute justice and judgement for God and were summoning him to answere for his perjury apostasy and other villannies which he is conscious to himself of and some others are privie to and could witnesse against him would he compeare or rather would he not run from under the reach of justice and secure himself or if apprehended would he not labour an escape to save his neck from the rope If so as all who know him will veryly belveeve he would where would then this submission be which is due unto the Magistrate And where would his conscientious respect to the Ordinance of God not abused but very rightly used in that particular be 4. If a Magistrate abuseing his power to the destruction of the Subjects should be resisted what inconvenience would follow thereupon Seditions sayes he and confusions would be unavoydable if every one as he thinks himself wronged shall be allowed to use force upon the lawful Magistrate proceeding by law the greatest Malefactors being ready to justify themselves and to violate the justest Megistrates in their just proceedings Ausw This is but the old song chanted over and over againe to us and may therefore be dismissed with a word viz. That as the Magistrat's abuse of his power in a particular will not make the power it self unlawful as he will grant so nor will the abuse of this resistence in a particular make resistence it self unlawful 2. We plead not for resistence by every one who thinketh himself wronged but for resistence when the wrongs are manifest notour undenyable ◠grievous and intolerable and done to a whole land to God's glory to Christ's interest to a Covenant sworne and subscribed by all to the Fundamental lawes of the land to the compact betwixt King and
Subject to Religion Lawes Libertyes Lives and all which is dear to People These wrongs as they are no petty injuries so nor are they quaestionable or uncertane but as manifest as the sun at the nonetide of the day 3. What if the Magistrate or his Emissaryes proceed not according to law And what if the law which they pretend be no law de jure or a law made a non habente potestatem as shall be manifest to be our case should there no resistence then be used but a stupid submission out of a pretended and supposed regaird to the prevention of seditions and confusions 4. Since he thinks that so much regaird is to be had to the prevention of seditions and confusions in societies sure he should think that as much regaird is to be had unto the prevention of the utter ruine destruction of societies Now if magistrates abuseing their power to the destruction of Societyes might not be resisted hovv shall they be preserved from utter ruine vvhich is much more carefully to be prevented then seditions and confusions in societies And since he thinks vvithout ground that our doctrine is so evil and scandalous and openeth a vvide gap for all vvicked seditious persones to vvork confusion in the Commonvvealth and to overthrovv the best and justest Magistrates vve have just ground to think that his doctrine is not only evil and scandalous but most perverse vvicked and adhominable opening a vvide door to all tyranny oppression cruelty and an encouraging of all vvicked Tyrants to deal vvith their Subjects as so many Brutes or vvorse vvithout all fear of opposition and to destroy utterly all Commonvvealths or make them meer prison-houses for slaves c. And if this doctrine of his tend not more to libertinisme then ours let all judge His last ground out of scripture is that knovvn passage Rom. 13 ver 1 2. vvith 1 Per. 2 Ver. 11. I think it should have been ver 13. Concerning vvhich he sayes Such subjection is there commanded to the Powers then existing or in being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as were Caligulae Nero Domitian monstrou Tyrants enemies aud persecuters of God's People as is opposed to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stand in order against them the word is from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a military tearme every soul is commanded to be subject or to stand in order under them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for bidden to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stand in military order against them either defensive or offensive By powers which are not to be resisted are clearly meant the persons in power as the Apostle afterward extones himself v. 3 4. calling them Rulers and Ministers of God he meanes undoubtedly certane supposita and her sons invested with power and cannot meane the abstract ordinance of God c. Answ 1. That subjection here required is a standing in order under them and is opposite to the resisting or contra-ordinatnesse here meaned is granted For 1. vve do not say that Christianity destroyeth Magistracy or exempteth Christians from subjection unto Magistracy and Magistrates As some Hereticks then did abuseing their Christian liberty to destroy Magistracy as Heathens objected unto Christians ' as Gerhard de Magist Polit. n. 34. thinketh vvhich as some think vvas the occasion of Paul's asserting the ordinance of Magistracy Nor 2. do vve say That it is unlavvful for Christians to be subjects unto Heathen Magistrates vvhich because Christian Gentiles might have drunk in from some jevves particularly the Gaulonites vvho held it unlavvful to yeeld any subjection unto Roman Emperours or to strangers might have been the occasion of Paul's discourse of this Ordinance And therefore to confute these mistakes The Apostle sayes Let every soul be subject unto higher powers c. that is acknowledge even such lavvful Magistrates though they be heathens and yee christians vvhether jevves or gentiles and think nor yourself exeemed from the duty of subjects tovvards such So that this makes nothing against us and the subjection here required upon this account is not the subjection novv in quaestion for a resisting of open and notour tyranny othervvise unavoidable doth vvell consist vvith this subjection viz. an acknovvledgment of Magistrats as lavvful powers ordained of God for the good of the Subjects 2. The vvord subjection being thus taken in a general comprehensive sense as containing in it all that duty which is required of Subjects tovvard their Superiours The opposite tearme resistence or counter-orderednesse must also be taken in a general comprehensive sense as including all the contrary evils Now as obedience is a special poynt of subjection unto Superiours So disobedience is a special poynt of contra ordinatnesse But as an universal and unlimited obedience in all poynts is not here required so neither can an universal and unlimited subjection to suffering be here required for as it can not be proved that every act of disobedience is a resistence here condemned that every act of obedience is a part of the subjection here required So nor can it be proved that every act of resisting or refuseing passive obedience is here condemned and that every act of submitting to passive obedience is here commanded But only that that obedience is commanded which is due to Magistrates and that resistence vvhich is unlawful is opposite unto that subjection required is prohibited So that this place cannot prove that all resistence is unlawful because non-obedience is resistence or a contraordinatnesse and yet all non-obedience is not here prohibited Againe the subjection comprehends that honour and respect which is due unto Superiours and which is both inward in the heart minde and thought and outwardly expressed in words gestures carriage c. So must the word resistence comprehend within it self all that is opposite there unto Now as by this place it cannot be evinced that it is unlawful to resist abused power or persons abuseing their power to tyranny and oppression in our thoughts and by our words for then it should be unlawful to abhore detest the oppression and tyranny of cruel tyrants or for the Messengers of the Lord to rebuke them for the same or for People to pray supplicat to God against them which is utterly absurd and false So nor can it be evinced by this place that it is unlavvful to resist such abuseing their povver by bodyly force for the text speaketh no more against this then against the other and yet the other is lavvful and therefore so may this be for any thing that is here said The one is resistence as vvel as the other though not so great but majus minus non variant speciem And therefore if this text to not condemne all resistence it cannot be evinced that it condemneth the resistence vvespeak of 3. Not withstanding of the Resistence that here seemeth to be prohibited yet we know that the Senate not only resisted Nero but proceeded against him by way of
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