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A89562 A copy of a letter written by Mr. Stephen Marshall to a friend of his in the city, for the necessary vindication of himself and his ministry, against that altogether groundlesse, most unjust, and ungodly aspersion cast upon him by certaine malignants in the city, and lately printed at Oxford, in their Mendacium Aulicum, otherwise called Mercurius Aulicus, and sent abroad into other nations to his perpetuall infamy. In which letter the accusation is fully answered. And together with that, the lawfulnesse of the Parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of Scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie.; Plea for defensive arms. Marshall, Stephen, 1594?-1655. 1643 (1643) Wing M750; Thomason E102_10; ESTC R21572 25,726 33

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Kingdome let us not through our covetousnesse or cowardize selfe-love or sloth betray our Lawes Liberties Lives Religion into the hands of men from whose hands we befoole our selves if we expect more mercy or lesse misery then the poore Christians of Constantinople found with the Turkes when thankes to their owne niggardlinesse O let it never be so with England they fell into their hands Oh let us labour to prevent their Swords thrusting into our bodies and their Swords into our Soules let our God doe with us what he will let us doe what we should and while we have any money in our purses any blood in our veines or any spirits in us devote all to the maintenance of this rightfull cause and if we perish we perish Nor doe I feare to be for this condemned by any right discerning man as an incendiary to a Civill War I know the miseries of a Civill War Warre is the severest of all Gods judgements and Civill War the cruellest of all Warres where is the greatest hatred the deepest treachery the most unnaturall butcheries where the father murders the sonne the sonne the Father the brother embrues his hands in his brothers blood and whoever gaines all are loosers Quis suror O cives quae tanta licentia belli Oh the madnesse of our age and Countrey if England have such a lust to War can we find no forraigne Enemies but we must Warre against ou● selves and at this time too Cumque superba foret Babylon Spoliand● trophaeis When the proud Turrets of the whore of Babylon are to be levelled with the Earth when Germany when Jreland are to b● rescued out of her bloudy pawes Can we finde no fitter Obj●●● for the fury of the Cannon then our Townes Houses Bodies Bu● alas The Generation with whom we have to deale had rather ● thousand times see the glory of England in the dust then the pride o●Rome And though a civill War be miserable yet no such misery as the peace which they would beteeme us a Sicilian vespers or a Parisian massacre from which good Lord deliver us Save Lord let the King heare us when we call Thus Sir you have my thoughts at large you may either lay this Letter by you or communicate it for the satisfaction of others at your own pleasure I blesse God I am gathering strength and hope ere long by my returne to my Lord and the Army if God please not to smile upon us with a safe Accomodation in the meane time to give a reall proofe that my judgement is the same that formerly it hath been and I hope you believe my affection is the same still to you and therefore without further trouble I subscribe my Selfe Your loving friend Stephen Marshall FJNJS Luther tom 8. 〈◊〉 pag. 206. Iudg. 3. Acts and Monum● vol. 1. p 8 Barcl lib contra ●…narchom Grotius iure bel●… l. 1. c. 4. ●… Answer 〈◊〉 the 19 p●●position ●Chron 〈…〉 to 22. ●● Chry●… Matthias po●●… lib. 3. Sect 3. Sleid. hist l●b. 18. Abbot 〈◊〉 Laliso d●mon stra●… Antichr●… 6. 7. Bils●… differ between Christia●… Bed●…s letter to Wadsworth Rom. 13. 1. ● Pet. 2. 12. Object● Answ. 〈…〉 〈…〉 Ob. 3. Answ. Ob. 4. Answ. Object Matth. 26. 52. Answ. Object Eccle. 8. ● c. Answ. Mercer ad Locum Object Prov. 8. 15. Answ. Num. 16 Object 1 Sam. 8. 11. Answ. ●bject Ob Ans. 〈◊〉 Go●●●●… A●●●●… 〈◊〉 Demon stra●●● Antichr c. 7. Euseb. 10. c. 8. 9 Niceph. Niceph. 9. 42 Socrates 2. c. 10. Socrates l. 5. c. 11. Zo●omen 7. 13. Evagri l. 5. c. 7. Object
by their ayds of men and money their distressed and oppressed Brethren and Neighbours in the like case and now in our own sight both the King and States have acquitted the Scots as having done nothing in their late defence but what became good Subjects And what the judgement of this Nation was in the time of Popery is plain enough by their practice in their usuall taking of Armes and not leaving till they had compelled their Princes to ratifie their Priviledges and Charters which through ill Counsellors they had infringed And observeable it is that because the Bishops and Clergie of those times saw the Princes go about to take down their pride they were ever the most forward to justifie the proceeding of the State and I suspect in case the Tables were turned and we had a King endeavouring to take downe the Bishops to take away Pluralities Non-Residents c. and a Parliament seeking to maintain them the world would hear another Divinity from many of them who now crie out that all our defence is damnable But lest I might be thought not to have weighed the Scripture and reasons of both sides equally I will give you a further account what my thoughts were and are concerning the Scriptures usually pleaded against this resistance and the reasons deduced from them The strongest hold they pretend to is built upon Romans 13. 1. c. 1 Peter 2. 13 14. where we are enjoyned subjection to the Higher Powers especially to the King as Supreme and all know that Nero the then supreme Governour was no better then a Tyrant Answ. First it is observable that this objection and almost all the rest taken out of the Scripture make the case of all Subjects in all Kingdoms to be alike that although as I touched before there are hardly two Kingdoms in the world but do differ in Laws Customs and Constitutions bounding the Kings authority and the Subjects obedience yet if any of these would change the the bounds of his authority for instance If the King of Denmarke or Sweden or Polonia would invade the liberty of his Subjects and make himselfe as absolute not onely as the King of England but as the King of France or Spaine or the Great Turk this argument tyes all their Subjects from resisting let any man shew an outgate for the Subjects of the one which will not let out others and for my part I will yeeld the cause If they say these Kings tooke their Crowns upon those termes and the Subjects indented to have libertie of resistance in such cases then they grant that where the Laws of the Kingdom allow a liberty of resistance resistance may be used notwithstanding these texts which is as much as we plead for If any people have covenanted in no case to resist let them seek another answer in the mean time these Texts tie not those from resisting by their own answer who have not tyed themselves Secondly I appeal to their own judgements whether these Texts forbid all forcible resistance Suppose a Prince in his rage should go about to kill himselfe or runne some innocent man thorow with his sword might no man take the sword out of his hand and if it be lawfull for a private man to dis-arme him of the weapons wherewith he would kill one may not the State take such weapons out of his or the hands of his Instruments wherewith they goe about to destroy all Thirdly both Texts lay the same charge for subjection to inferiour Magistrates who likewise have their authoritie from God though under the Superiour As our Saviour said to Pilate who was but a Deputy thou couldst have no {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} no power at all against me if it were not given thee from above And may no resistance be made against the unjust violence of inferiour Officers if there may it is sufficient sure I am the Texts have not one word to allow the one and prohibite the other Fourthly what one syllable in either of these Texts so much as looks towards the forbidding of a people to resist Tyrannie but onely that we resist not the Magistrates in the rightfull exercise of their authority given them by God the Texts speak not of their persons but of their power not of their dictates but of their legall commands no more of Kings than of an higher Power in an Aristocracie or Democracie binding all persons to subject themselves to that Power and Authoritie which in the severall places where they live is the Highest or Supreme power Object But Nero was a Tyrant Answ. Not in his five first years nor secondly was he a Tyrant in all things he had authoritie to rule according to Law that was not his Tyrannie his Tyrannie was what he usurped contrary to the Law nor thirdly were all his under-Officers Tyrants many of them could say with Festus Acts 25. It is not the manner of the Romanes to deliver any man to die before that he which is accused have the accusers face to face and have leave to answer for himselfe and would accordingly dismisse them if they had done nothing worthy of death or of bonds Object 2. But doth not the thirteenth Chapter of the Romans plainely binde mens hands from resisting the Supreme Power Answ. By the Supreme power must be meant that power which by the originall and fundamentall Constitution of any People and Nation hath authoritie to make Lawes which shall binde the whole Nation to dispose of the estates and lives of any person or persons for the good of the Nation to judge every person and persons in the Nation determinatively and conclusively so as from that judgement there is no appealing that power it self being subject to the judgement and authoritie of none but God and Aristotle makes three distinct Branches of this power 1. The power of making and repealing Lawes a Legislative power 2. The power of making Warre and Peace of imposing Customes and Tributes 3. The power of judging Causes and Crimes ultimately and decisively where these three meet and make their residence whether in one person as in absolute Monarchs or in many as in mixed Monarchies or Aristocracies or in the body of the people as in the ancient Roman Government there is the highest power which every soule is forbidden to resist But now what ever be the higher power in England most certain it is that the Kings absolute or illegall will is not the highest power that hath neither power to make Laws nor repeale Laws that hath not power to acquit or condemne nor may men appeal from the Kings lawfull judgement Seate to the Kings absolute will but his legall will in the highest Court or the King and Parliament may make Lawes or repeal Lawes may engage the whole Nation in a Warre and command both the Bodies and Purses of men unto the service is the highest Court of Iudicature to which all may appeal and
A Copy of A LETTER Written by Mr Stephen Marshall To a friend of his in the City for the necessary vindication of himself and his Ministry against that altogether groundlesse most unjust and ungodly aspersion cast upon him by certaine Malignants in the City and lately printed at Oxford in their Mendacium Aulicum otherwise called Mercurius Aulicus and sent abroad into other Nations to his perpetuall infamy In which Letter the Accusation is fully answered And together with that the lawfulnesse of the Parliaments taking up Defensive Arms is briefly and learnedly asserted and demonstrated Texts of Scripture cleared all Objections to the contrary answered to the full satisfaction of all those that desire to have their consciences informed in this great controversie HOSEA 4. 1 2 3. 1. Heare the word of the Lord ye Children of Israel for the Lord hath a controversie with the inhabitants of the Land because there is no truth nor mercy nor knowledge of God in the Land 2. By swearing and lying and killing and stealing and whoring they break out and blood toucheth blood 3. Therefore shall the Land mourne c. LONDON Printed for JOHN ROTHWELL at the Sunne in Pauls Church-yard 1643. SIR YOur letters brought not the first tidings of the continuance and encrease of those strange reports concerning me they filled the City even while I was there and I perceive pursue me into the Countrey it is a lying spirit which God hath permitted to haunt me for my triall as it hath done others of his servants before me You know what a book Bolsec wrote of the life and death of Mr. Calvin Beza lived to write a confutation of a book written of his renouncing his religion and turning Papist And concerning Luther the Priests had long reported that he had his call from the devill and to confirm it filled Italy with a rumour of his death and that at his death hee was carried away by the devil soul and body which they good souls divulged not to discredit the man but in gloriam Iesu Christi to the glory of Christ and comfort of the godly The like usage my self have lately met with in some degree for being afflicted with a deep cold and distillation from my head upon my lungs and some feverish distempers my learned loving and carefull Physitian finding that the too importune visits of my many loving friends occasioned too much speech and thereby too much expence of spirits advised me to remove to the house of my Noble Lord of Warwick where I should have more ayre and lesse company hereupon a report was immediately spread about the City that I was distracted and in my rage constantly cried out I was damned for appearing in and adhering to the Parliament and Kingdom in this defensive warre which when I first heard I looked upon as a calumny invented by some simple adversary though malicious enough to my person and ministry who finding it the readiest way to reproach me betook himself to this But afterwards observing how studiously it was maintained how laboriously propagated how handed from Court to City from City to Countrey from England to forraign parts Mercurius Aulicus printed it and a great Officer of State having sent it into other Kingdoms with his letters assuring the truth of it and that not nine dayes no not a month did allay it I then perceived the plot was not so much to disgrace me for alas who am I that they should trouble themselves so much about me but through me to wound the cause in which my poore labours have been engaged This rumour it seemes yet lives and as your letter confirmes encreases from my going down into the Countrey they have taken occasion not only to report me distracted but dead yea that I died crying our of my appearing in this cause and this is so confidently reported by some that it is almost as confidently beleeved by others even thousands you say which makes you earnestly to presse me to write unto you whether I have not at least changed my former judgement about our defensive armes and this not as you professed to satisfie your selfe but that you might have something under my owne hand to shew for the satisfaction of others Sir your ancient love to me and present desires to vindicate me from these aspersions but especially your care that the publike cause might not suffer doe all command me to be your servant in this thing I know it will satisfie you that I solemnly protest unto you that in all these fourteen weeks keeping in I never had an houres sicknesse nor lost a nights sleep nor had any distemper in my head nor saw any cause of sorrow for my adhering to the Parliaments cause but esteem it a great honour and mercy from God that he should move his Excellency my Lord to require my service in this great expedition and that I have even therefore exactly followed the Doctors prescriptions out of an earnest desire to be sitted for my work that I might returne to my most Honoured Lord being fully resolved if God say Amen to it never to give it over untill either there be an end of that work or an end of my dayes This I think will satisfie you and it is possibly as much as you desire for the satisfaction of others to have this under my hand Take this concerning the cause and concerning the report spread of me what Luther said of those above mentioned concerning himselfe fateor testor hâc meâ manu c. I professe and testifie under my hand that I entertained this fiction of my distraction and death laetaque mente hilari vul●●… very chearfully But since your love hath compelled me to put pen to paper I shall compell you to read the largest letter that ever I wrote being resolved to give you a full account both of my ground and warrant of entring upon my office and how farre I am from changing my judgement upon the present view of things When his Excellency vouchsafed to require my service for God knows I offered not my selfe in this great work there were but two questions beside my care to walk aright in my ministry for my conscience to be resolved in First whether upon supposall of the truth of the Parliament votes viz. That his Majesty seduced by wicked Councell did levie warre against the Parliament the Scripture did warrant them to take up defensive armes Secondly Whether the Parliament was not misinformed about such his Majesties purpose and practice The first is a mear question in Divinity viz. Whether a people especially the representative body of a State may after all humble Remonstrances defend themselves against the unlawfull violence of the Supream Magistrate or his Instruments Endeavouring and that in matters of great moment to deprive them of their lawfull liberties The Second is a question mearly of matter of fact For the first Before the beginning of these unhappy differences I