sf^/fa^1 Q^C-S^^ ^ JUS POPULI VINDICATUM OR * The peoples Right , to defend themfelves and their Covenanted Religion , vindicated. Wherein the A& of Defence and Vindica- tion, which was interprifcdAnno 1666. is particularly juftified : The lavvfulnefle of private Perfons defending their Lives , Libertycsand Religion, againft manifeft Oppufliorf, Ty- ranny and violence, exsreed by Magiitrats Suprcam and Inferiour, contraretoSolemneVowes, Covenants, Promifes, Decla- rations , Profcffions , Subfcriotions , and Solcmnc Engadgmcnts , is demon rtraVeji by many -Argument^.. leing a fullRffy to (b'efirfi tyU of the Survey tf+tftiphtalj- ~£f c. By a Friend to true Chriftian Liberty. VsAl, LXXIV. ver. 20,11,22,25. Have refpeft unto the Covenant ; the dark, placet of the earth are full of the habi tat tons if cruelty 0 let n * •ppre/Jed retttrne ashamed : Let the poor and needy pratfe thy name. c lxix. Christian Reader. Twill not (Ifuppofe) be very neceflary , tc n any full Relation or large Deduction ol the occa- fionand firft rife of this debate 3 The fame, being not only fresh and recent to all both Friends and foes , who have been Spectators of the great and wonderful workings ofGodinour Land; but ^K^B^JBLO^I the mem6ry thereof ( it- it could be fofoon obliterate ) is revived a fresh, by the con- ftantly renewed a&s of Tyranny and oppreifton, which, from yeer to yeer , The Powers > afted by the fame Spirit of Eni- mity to the Caufe and Intereft of Chrift , are exci ceing , up- on the account thereof: So that the Continual rage and Conftantoppofition, which the ingrained adversaries c Glory and Kingdome of our Lord Jefus Chrift are dayly afting and making againft all whodefiretokeepaconii: void of offence both towards God and Man , and to re :\ ber with fome fenfe and fearc their folem: Sacred engadgments unto the Mod Hi^h , will not fuffer us to forget, how that After our Land was foL vouted untoGod, by Solemne Covenants and tod Bonds; and the defence of the Reformed Religion, in ftrine, Worshipe, Difcipline and Go\ -iome a maine condition , yeathebafis, of our political conftitu . tion^ Th* King not only by his folcmne and (a * i Epiflle to the f wearing, and by his hand writeing fubfcribing, and fo ful- ly ovvneing and approving the fame; but upon theietear- mes and conditions accepting the Royal Crowne and Scep- ter , in the day ofhisfolemne inauguration, 7 he People alfo upon the fame tearmes promifeing all fubjeftion and obe- dience in the Lord : And afterward in full Parliament con- firming, ratifying, and approving the fame; and thereby giving ail the fecurity, which either Reafoij, law, or Religion could expert or require, That all the Ends of thefe holy Covenants should have been , in all time comeing, really , fincerely and conftandy profecuted by King and Nobles 5 and all ranks of perfons within the Land , with bne heart and minde \ and confequently That the evils , particu- larly That accurfed Hierarchy, fully and for ever abjured in thefe Everlafting Bonds , should never be countenanced , owned or favoured, far lefle re-intro-duced andeftablish- ed : and after , for our ovvneing of thefe neceffary things , and of the Kings intereft in fubordination thereunto , we were invaded by thz £ngltsh, and (the Lord, who for his his o wne holy Ends , faw it neceflary , and doth whatfoever he will in Heaven and.in Earth, fo difpofeing ) overcome, and brought into bondage full Ten Years ; and at length , The King, who was forced to flee out of all his Dominions, returning , in fuch a remarkable and fignal way , without blood, as might have engaged his heart more firmely then ever unto that God, who had done fuch rare, and unexpected things for him , and made him more then ever hxtCilyre- folve toowneHimand his holylnterefts , according to his former Vowes, Oathes, Subfcriptions , Covenants, and Declarations ; and rationally afcertaned his Subjefts , that thefe neceflary and good things, should not only never be overturned and ranverfed ; but alfo with greater Zeal, and refolutioneftablished , confirmed and profecuted, then ever formerly : & how , in Head of this, Ko fooner did the report of his Majefty's returne come abroad,but all the generation of malignants , who had ever been heart enemies to the work of God, which was carryed on in the Land, did lift up their head, inru!t over the People of God with all their might, accoidirg Chriflian Reader. according to their ordinary infolency, spew out their Venome againft the work of God, and at length obteaning p raze the fame unto the very foundations , anull and refcindc all Acts, all Covenants , all Refolutions and Concluiions, which had been made and taken for fetlingand fecureingthe Reformed Religion in Doctrine, Worshipe, Difciphne , and Government •> condemneall which had been done i rying on the Work of Reformation , as pure and ma Rebellion j and having re-intro-duccd and eftablishedab. jured Prelacy with all it's concomitant abhominations , did enact and enjoyne moft tyrannically a full confoi mity unto all thefe abhominations , andpreiTe, in a moft horrid and arbi- trary manner, the faithful Servants andfeekers o£G did , by their arbitrary and barbarous executions , what by their High commiifion or inquifition-court ( arbitrarily and illegally ere&ed ) what by cruel & bloodv Souldiers commiifionated withoutLaw or order for that effeft, opprefle, pillage, plunder, haraflei imprifone, fine and confine , impoverish, beat, binde like beafts, the faithful and loyal Subje&s ofChrift, and make their life m ore bitter unto them , then if they had been under the feet of Turks or Pagans . Under w hich intolerable , in- credible and unexpreffible bondage the godly of the Land, ef- pecially in and about Galloway , did for a long time groane, & cryed unto him whoheareththecryof the opprefled , thathc would judge and plead their caufe, and open fome door of outgate, that they might be delivered from under the feet of tkofe cruel taske Mafters , and have an opportunity put into their hands of vindicating the Liberty of their Reformed and Covenanted Religion , and of ufeing their lawful and vowed endeavours to free the Land of this horrible defeft ion and A- poftafy , that the fierce anger and wrath of God might be turned away therefrom , and Church and State fetled upon their former folide and Chriftian foundations. At length, the wonderfully wife God thought good to put them once to the tryal to fee what they would hazard and venture for the recovering of the interefts of Chrift, together with their O wne Liberty j and unexpectedly in his holy and divine Pro- vidence feemed to them to impofea necelfity upon them,both to run together, in their o wne neceflary defence > andtoenr deavour , with the extirpation of the abjured abhominations, the bringing back of the captivated ark of God : For about the middeft ofNcvgmberi666. when two or three Countrey Men providentially paffing by, did fee a poor old Man bound hand &foot like a beaft by the Souldiers, fent out for that Lf- feft by Sr. James Turner that bloody Atheift,being commoved with patfion did calmely and friendly defire the Souldiers to loofehim, but they accounting this fuch a High indignity, in I Chnftian Reader. in their rage & fury aflault them with drawne fvvords, where- upon the Countrey men were neceflitate to their defence in their defence did wound one ot the Souldiers, at which the reft caftdowne their armes : And being certanely per fw. chat for this neceflary defence they would be perfecuted to the death > the next day with 6. or 7. more they feife upon other 1 o. or 12. of the Souldiers , whereof one was killed, the reft rendering their armes: Hereby the Countrey a jout being alarmed , & knowing that their tyrannous opprelTours would be enraged more then ever , & account this a crime fcarce ex- piable by the blood and ruine of the whole Countrey free &c unfree, gather together to the numberof ^4. Horiemenand fome few footmen &: advance to humfrtes^ where they quyet. ly feife upon Sr lames Turner and the reft of the Souldiers who were there , without any harme except the wounding of one who obftinatly did refill. Thereafter by divine providence they were led towards Agr,8c while within the Sherifdome of Am, where they ftayed the fp ace of- fevendayes , feveralof the Countrey groaning under the fame opprellion , and long- ing for an opportunity of publick appeal eing for the caute Sc intereftof Chrift.againft the Popish Prelatical and malignant faftion,laid hold on this occafion.tojoyne with their brethren, to help theLord againft the mighty -, ib that their numbe: increafed > though not to fuch a quantity as would have I expected,partly through the want of fufficient previous adver- tishment, (notwithftanding of what diligence had been 1 from the day of their appearance at Dumfries \o give no: 1 all who cordially loved the welfare of Zion ot the diftrefle ) partly throw the difftniion of one who had I chief inftrument iirapprehending Turner , and thercatu deferted them,&partly through otherdifcourasements : few yea very few landed Gentlemen or Minifters, with them or for them, which had no little influence alio on thedifcourageingofleveral who came, together with tin petuous raines which lafted night & day , irh -.any wonder that they did not wholly break and difi mighty power of God on their Spiiits , andthe li> of their duty , made the meft part to ho! * 4 come Epiftle to the come Unto them ( befide fome who were upon their wiyind invincibly hindered from comeing at them ) as they marched thorow cl/dfdde , where at Lameckxhty folemnely renewed the Covenant, & thereafter marched Eaft ward to Bathgate & Colf»gtot4»,theEnemy in the meane time purfueing them at the heels: While they were there, there came twoGentlemen un- to them ! pretending a verbal commiifion from che Enemy (theoneof whichGentlem. they thought should h3vecome along with the reft of that Countrey, and joyned himfelf with them, as a favourer of the godly,) toprefle their disbanding upon promife of indempnity, & this they urged, but they faw no call of God to deferte the worke fo: At lengths thatGentle- man conveyeth the other , Early in the morning before break of day,thorow their guairds,towards the Enemy,who (as ma- ny think ) advenifed the Enemy of the way they were to march to mono w^yet notwithstanding before they marched, theyfent with that Gentleman a letter to the General of the King's forces , showing the occafionof their being together in that place and in that poftour, to wit, to prefente their grie- vances unto the Council ( fcing there was no other accefle for petitioning ) & therefore definng a blank pafle to fuch of their number , as they would fend with their fupplication unto the Council. When the Gentleman ( who had told the Honeft party ,that he had taken upon him,in their name (though with- out their vvarrand ) to promife vnto the General that, He en- gageing not to mbve further towards them, until he returned the next morning, They should do the like) returneth to the General with his letter , he found him marching contrare to his promife : The honeft party, having not engadged to ftay, marched as they faw opportunity Weft ward toward VentUnd. The Enemy being advertifed, very probably , as is faid , call themfel ves in their way, fo that they came shortly in the view of other. The honeft party ,at this time were hardly 700 horfe & foot; among the Horfemen fcarce one hundereth were fix- ed in arms. The footmen, befide fome fvvords, had only fome broken picks, ill appointed firelocks or muskets, many corne forks, and fome had fyths. And at this time all of them, were much vvearyed with long and toilfome marches, hunger (for thefe Chriftian Reader. thefe parts of the Countrey j thorow which they came, ran bear wicnefs to then fobriety and moderation , refufeing even to take what was offered > becaufe they had not money to pay for it ) and cold (by reafon of the continual and ex- ceeding great raine ;) while they are thus in the view of other, The Enemy fendeth forthapartvor choifemen , who were met withbyatroupof the honeft party , and after fbinc did put, moftly by fwords , were put to the flight, and fled alongs the edge of the hill by sheep- rodes, fothat there was no ac- cede to purfue by horfes , but a party of foot was commanded to follow the purfute , whereupon the Enemies hordes were forced to quite their ground and betake themfehes to other ground no lefTe inacceflable by the honeft party. After near two houres, the Enemy, perceiveing that neither party could approach to other as they flood, becaure of a precipice be- twixt them, came towards a plaineat the foot of the hill, an3 drewupinbattalye . The honeft party now .: the Enemy was willing to offer battel, and that if they should withdraw, the Enemy would be encouraged , and many of themfelvesunavoydablydifcouraged , & it they should delay till to morrow^ the fun being now near fetting ) ieaied that many should fainte & flee av\ ay in the night time , and others should be lcfle able to fight thoro w hunger & cold , way how to relieve themfelves with neceflanes at tha gent, refolved toimbracethat occafion, & fee what the Lord of Hofts would be pleafed to do ; and therefore reio prayer to draw off thehiil towards the Enemy , kec what advantage of ground they could: when thus ^approached, the Enemy fend forth a troup , which rancountered with another of the honeft part'. g into their body, fomewhat ( as fome think inconfideratly upon the part or the purfuers. Thereafter the Enemies fend off another party to relieve the former , which was met with by another of the Honeft party , But with fome difaf vautage to the Honeft party , becaufe ihdj ap- proach neare unto the very body of the could prove a relicfc unto their former party ; * 5 Epiftle to the the help of the Lord, they made their adverfare -party flee shamefully. The enemy perceiving how they had been beaten three times in end , in fighting by partyes , and feeing fcow the ftrength of the Honeft party , flood in thofe troups which had not as yet rallied, nor returned to their ground in order , advanced with their whole body of horfe , inafullbreaft, with a pretty gallop , upon the two troup* as they were fcattered, and dravethem back upon the body: and thus , (the only wife God , who doth all things after the councel of his owne will , ordering it j in a short time broke them all. And yet it is obfervable that moe were killed by the countrey men in their efcapeing , then on the fields. The Enemy ftayed on the fields all night and buryed their dead > who were not afew , The prifoners which were taken were earryedintoEdinbrough, and though by thefe in power, in- humanely enough ufed^ yetbyfome, (whofe labour of love both towards the dead on the fields & to the prifoners , the Lord will not forget) tenderly provided and cared for, thoughinaclandeftine way. Of thefe prifoners who were taken on the 'fields. & others afterward apprehended by Coun- trey men, there were Six and Thirty or thereby publickly hanged at f-d^brough^ GUfgow, Mre and other places ; and their heads and other members of their body are upon poles unto this day , to keep the memory of this Noble ex- ploits fresh upon the Hearts of the Godly. I shall not further zecapitulat what is faid concerning this by N/tphaU : Only I would fay this , That though many might have been tempted to think , & poilibly the Enemy might have imagined , That now their caufe was confirmed with a witnelTe, & the honeft patriots condemned by God the righteous judge; yet after experience made it appeare, that the honeft caufe was never more confirmed then by the death and fufferings of thefe, u horn they cruelly rnurthered as traitours and rebels, The Lord fo vifibly owneing them to the conviftion ofon lookers, cut chey were no more afrayed of death then of a quiet reft in their beds , being afcertaned of the Lord's accepting of them and their weak endeavours , to reftote the Kingdome, however He, who is wife in counfel , thought it not for his Chriftian Reader. his glory , to profpere them in their undertaking , at that time: And this very confideration did much help to reftrainethe remainder of the wrath of the adverfary , who wereioen- raiged * that few thought they should ever have lifted , till they had executed all who were their captives. Yet the generation of the prelaticall and Malignant facti- on , (judicially hardened by this difpenfation , becaufe as fo many carnal fenfualifts, if they beleeve at all that there is a Cod , they meafure him and his wayes by their owne yaird , and judge of his approving or difproveing of actions by out. ward difpenfations , to whom I shall fay no more, but caret* ftucejfibus of to , 4jti$ fonts ab cventu facia not andafntet) did not ceafeto chant after the determinations of the cruel & bloody Council , and cry out upon thoie Noble and worthy patriots, ( whofe memory shall be in everlafting remembrance) as Trai- tours and Rebels juftely condemned and executed. Where- upon the author of Napbtaly thought himfelf called of God, to write in justification of thefe innocents'. And becaufe he faw it was the fame Spirit of madneffe and malig- nancy , which had raged againft the work of Reformation , from the very beginning > that did aft thofe in power againft thefe worthies > and that there was no material or fubftantial difference betwixt the way which thefe late worthies took, and the way which our fore- fathers , in the valient main taineingthe interefts of 'Chrift , and promovein^, the work of Reformation in our land, had followed in their genera- tion i therefore he thought it necefTary and ufeful to make a Iclearedeductionof theoppofition, which that poor Church met withat the hands of a Popish Prclatical, and Malig- nant faftion; And of theconftancy , valour and Zeal of the Lovers of God and of his intereft , in adhereing thereto, and maimaincing the fame , againft all the rage and fury of the adverfary j & of the Lord's blelllng their Noble endeavours with fpecial and remarkable feccefle : And all alongs did clear their innocency, and vindicate them from the afperfions that wicked Enemies could lay againft tL actions from fuch objections as wickcdnefleic fell orcouM make againft them ; And at length aftei a Epiftle to the r defireing to be as fuccinft as might be , and to clearethat maine queftion controverted , touching the lawfulnefle of privat per fens defending them fe Ives and then Covenanted Religion* from the mansfeft violence, tyranny and intolerable opprejjion of the Soveratgne and inferiour Magiftrats to the edification of all , yet we have not dealt with him , as he hath done even with Naphtali , the book which mainly he fetteth himfelf againft : For he is fo far from aniwereing that book of which he ofFereth a Survey , that the moft part of the grounds , and arguments made ufe of there * to prove the thing intended j are Chriftian Reader. *renot fo much as touched by him in all thisvoluminons pamphlet: £ut we have fully examined and anfwered all which he hath alTerted, leaving not one material fentence, which was to the puipofe, in his whole book , untouched. The judicious Reader will finde this true upon fearch ; And no man will think we were called to anfwere the fame thing oftenerthen once, though he was pleafed to fill up many pages with meer repetitions. The methodewe have followed > all who know what it is to cleare controverfies , will acknowledge, to be the mod folide, fatisfying, fuccinft I andperfpicuous ; andfuch, agairft which no man can juftly except* We fuppcfe alfo That we have been as plaine and cleare as the nature of this controverfy would fuffer us j (and I fome polUbly will think we have been too too plaine \ but ! they know whom to blame , for giving us this occafion , ) ! for vve made it our defigne , to bring this queftion, which did concerne common people no leiTe then the learned, ( feing it was a matter of life and death unto them , no lefs then unto others) home, fo far as was poflible, to the capacity of themeancft, that they might know, and be diftinftin the knowledge , and perfwaded of thelawfulnelTe , of the grounds of their afting in fuch a vindication of their Reli- gion and libeityes. The truth we have confirmed by many arguments , reduceing them to their feveral heads , the better to cleare and confirme the matter, and to fettle the judg- ments of all in the apprehenficn of the Truth : and all of them we have fo framed , that every one of the lowed reach > ; may fee how they plainely and peremptory force home the poynt controverted , withademonftrativeperfpicuity , and h irrefragable ftrength. So that whofcever shall undei I to draw thisfaw againe , muft not think to lea\e any one of blithe arguments which are here adduced ( & it he reckon aright he will finde n.ce then a hundercth , which I shall makegood if put to it) unexamined; forif anyone hold , ( And I am notafrayed that many of them si. .. found feeble) thecaufe which vve contend for lsuncontro- ycrtably yeelded , feing one realcn , which is unanlwt rablc, is enough to captivate the judgment unto a. :othc truth Epiftle to th& truth: Sc one argument deferted of the adverfary , declareth hiscaufedefperate* We have alfo dealt faithfully and ingenuoufly , touching on eveiy thing j which was offered to us, and which we thought mighc conduce unto the clearing of this contraverfy: &becaufe we rinde fome thing belonging unto this queftion , faid by the author of the Second fart of the Survey (which is now come to hand) in the laft chapter Pdg.i6$. &c, We shall a little touch upon that here , rcferving the examination of the reft of this 2. part until a fitter opportunity, when, if the Lord will, we shall difcover the weaknefieof all his reafonings', and vindicat the truths which he fetteth himfelf againft* with as much clearnefle and fuccin&nefle 3 as may be. He cometh,in the place now named, to confider the defence made by the impanelled unto what wasobjefted, or what further defence , Naphtals ( whom after the old manner he ftileth the Lybeller) makes for them. And 1. He tells US. [They werefo fed, where they had learned y that under pretence of Reltgton , // is lawful for Sub)eBs , to rife m Rebellion againft lawful authority.] And then addeth. [That to thts Queree> this advocat declines to give a dtrefl an (were , where fucha thing , it read or could be mflrucled.] Anfw. Who doth not fee, That this was a Queree utterly unbecomeing fuch as pretended to occupy the places of lawful judges in fuch matters , to propofeto perfones Empanelled upon their life; it being nothing but a meer caption, like unto that which is called Multiplex mterrogattoy unto which , both the impanelled , and this Ad vocat ( as he calleth him )might lawfully have declined togiveadire&anfwere : Becaufe it fuppofed i. That their rifeing was agamfl lawful authority. Whereas it was rather a rifeing for lawful authority , while againft perfons abufeing their authority, and not walking in the right line of fubor- dination unto the Supream Magiftrate and Governour of Heaven and Earth , but rebelling againft him in makeing lawes contrary to his lawes, and executing them contrary to his will and command. 1. That their rifeing was in rebellion whileasit was rather in loyalty to God and theCountrey, againft Chriltian Reader. againft fuchas had ere&ed a Scandart of rebellion againft the High and mighty Prince Jefus Chrift our Lord and Suprcam Governour , and were deftroying his rnterefts : And in loyalty to that Supreamelaw Jhefarfty of the recple , defending themfelves againft manifeft and intolerable tyranny. 3. That it was in pretence of Religion , when as it was really and unqueftionably for the re - eftablishing of our religion reformed in dodrine, worshipe , difcipline, & government, confirmed, ratifyed and approved , by Solemne Covenants, Subicriptions , vowes , oathes , engadgments , declarations, profeffions , puMick aftings , afts and Statutes , of King , Jsobles, perfons of all ranks, Parliaments and judicato- ries Higher & Lower: Whereas the true Queree was this U he re they had learned to rtfe tn their ovne defence > and tn the defence and matntatnance of the true reformed Religion , againft Such ts* fovxr vho uere tyranni tally opprejfir.g them , and deslroymg the £fla~ bit shed Religion , contraretofevesy Covenants-) frcmifesyCcrnpaflsj Declarations, Proteflaticns , Sclimne Engagement 's , Subfctip- ttensy &c. And if the Queree had been thuspropofed, it might have received a direft anfwere > To wit , That they had learned this from the law of God, the law of Nature, the civil law j the law of Nations , Sound reafon, and the practices of Chriftians , both under the law, and under the gofpel not onely at home but alio abroad. W hen Xafktah faid That it was a cleare beging of the quefticn to fuppofe that the late rifeing vvas only in pretence of Religion. This Smveyer anfwereth That // // azeiypocr qutrc]^. And why fo ? JHe should knew (fayes he) that tn ordinary language , a thng $s faid to be dene under pretence of anciher , P'hether the pretenfon be yet, dubious cr under controxerfy , cr whether it be faljely made or tritely t 4n[w. Such language as this may be ordinary with him , it may be , ar.d his complices, that corrupt fraternity, with wheni pretences are real , aod real things are pretences; but fure toallfuch, asundeiftar.d plaine language , this queree did pi sefuppoie that the rifeirg Was not really but in pretence for Religion: Didcverthefein power, make it out , or offer to make it cut , that it cot really for Religion? av/>/y*m ad DorcorerTlwfe I Epiftle to the it [elf fee me d to imply attd grant , Th.it for Subjecls to rife inarmes re Ally , for the defence of Reitgton , againfi the invafon of the powers , under the pretence of lawful authority, is both lawful and laudable. This 5 fayes the Stsrveyer, is as vatne a qutrcJ^ How Co? for, (fayes he )Ut it be fo , that the objection was meaned only of rtfetng upon meer pretences of Reitgton , mil elistnferre > that therefore there wight be a rtfewg upon real tntenttws for Religion , agatufl the Magtfirate ? /infi. Sure to all of common fenfe? it fayes that the propofers of the objection did yeeld fo much, having hinted nothing to the contrary. Did they fay gt-vtngbutmt granting it lawful to Subjecls to rife in armes really tn defence of Re- itgton, (5c. Why then might it not have been taken for granted ; that the objeftersdurft not condemnethis, efpe- . daily feing the maine ftrefTe did lye upon that fuppofed pre- tence. Ay but he tels US , That he ajfirmeth That upon netther of the two, tvfut reel ion againfi the Magtfirate ts lawful , and that theft people did not rife really for Religion , but to matntaine themfelves m the courfe of athetflteal contempt of Religion and God's ordinances , to pull duwn all authorities tn the land (as their advocat frcfefjes and juft/fes their fo dci -g ) and to deffroy thefe tn their innocency whom tiey had appointed to death. ] Anfw. H is affirma- tions and afTertions , are but weak and beggerly proofs , though he flrengthen them with manifeft and notorious lies : And whether there be a truth in what he here affirmethor not, we leave the Reader to /udge, when he hath read, and confideied what we have faid in the following vindica- tion . Next Some texts of Scripture were objected, as i. that I Sam. 1 5 : ver» z 5 . RebelU:n ts as the fin of witchcraft. To which (fayes Naphtalt Pag. 156.) One of themfelves dtd roundly and clear ely anfw ere , that , the fenterxe bang fpokp* by the Prophet to t\oel\tng, becaufeof his dt (obedience and contempt of the command of 'Cod , and not to Subjecls , would fooner conclude lots accttfers then htmfeif to be a rebel. This the Smyeyer , Pag. 264. calletha very poor anfrer. And yet fo pertinent and plump that it flopped the mouth of the accufers , & filled their faces with shame : £ut why was it fuch a poor anfwere ? icr albeu , (fayes he) tfyuhtgh itbsliton r/nmcdtatly again ft God be principally meaned > yet the foveratg^e Magtftran betvg the Lord'; deputy , and bearmg the image Chriftian Reader, image of his Soveratgnity upon Earth , whom he commands to reve- rence and obey , and of whom hehath [aid > yee are Gods. Pfal. 8 2,. the defptfer of the Soveraigne Magistrate, & a rebel agatntl htm doing his duty, ts a rebel again ft 0 cd An fa. Thofe words Doing hi f duty were very well added : But fure when fuch are rebelling againft God , ena&ing things diametrically oppofite to his law and teftimony : perfecuting the Subje&s becaufe of their adherence to the lawes of God > to their vowes and Cove- nants^ and by force, 8c cruelty overturning the covenanted Religion, deftroying the interefts of Chrift , the true and lawful liberties of the people > and the common good , they are not doing their duty 3 nor carrying therafelves as the deputies of God » bearing the image of his Soveraignity > but rather as manifeft and avowed Rebels to God : And therefore, whatever can be faid from this place to prove it rebellion, and as the fin of witchcraft? for fubje&s to defpife the Soveraigne Magiftrate, and to rebel againft him doing his duty , neither from this place nor any other can it be demonftrate , that the late Rifers were guilty of Rebell ion. Did not the author of Naphtalt tell him. 2, Thatrtfemg up Jgainft authority it (elf, the Ordinance of God , and d'tsdeytmgthe f overs therewith vefJed , (landing and acling tn their right hne of fubordtnatson , */ indeed rebellion , and as the fin of witchcraft ; but to re/7 ft and rife up againft per fonts abufttng facn d authority , and rebelling againft God the Supream, ts rather to adhere to God a* our liege Lord > & to vindicate both our fives > £5" W* abufed ordinance, from mans wicl^ednefie and tyranny , what meaned he then to fay the fame thing which Naphtaly had faid ? Is this to anfwere his adverfary ? And not rather to yeeld the caufe ? Ay , but left we should takethefe words dung its duty as importing any confellion. He addeth. Yea fuppofe 3 ve Are never to follow the Magiftrate , vhen his commands are contrary toi cd {for that were to leave our line of fubordinatton to God-, ) jetwh fwerves and goes out of his limy to takj the ford ags.mftltm, is but to ftudy to cure his fin by our ow/.e ; And becaufe the l\tng one *>ay leaveth hts hne of fubordtnation to God j therefore to le.tpe out of ourowne line tn that fubordtnation tn another way. Anfw. This 2Vlan fpeaketh contradictions , when he maketh a fuppoilcion that Epiftle to the that we are not to follow the Magiftrate , when his com- mands are contrary to God , and yet fayeth if we do follow > we leave our line of fubordination to God. We fee what the Man's Spirit would have carryed him to , if he durft have vented it. But how prove th he that this is our fin , or a leaping out of our line of fubordination , to refift tyranny , and men abufeing their authority to the fubverfion of Religion , libertyes, and the common good of the Subjeft? we have proved the contrary ? 'and anfwered all > which he or his collegue, the author of the former part hath^faid > and shall be ready to fay more when any new ground is given. The next paflage of Scripture which was obje&ed , was Jlfff. 16 ; 5 1. To which (faid Naphtaly) it was fuffctently an fared {without any reply ) by one oftbefe impeached [whom they accounted difiracled > though without the lea ft appearance of impertinency , by opponemg Luke 22: 36.] What now fayeth the Railing pamphleter? Certanely (fayes he) [This libeller feemetb not to be far from fome meafure of dsftraclscn^ while he dlloweth the d/praciedmans anfxver as fufficient : Who of found judgment wdl thinks that afcr'tpture is fupc icnfly anfwered by producemg another > vhich fecmeth contradictory thereto ? 7 his is not to five an argument from fcrtpture f but to fet the Scriptures by the eares together.'] Anfw. Naphtaly did not look upon that man as , nor yet fay that he was, diftra&ed , andfure his anfwere being foappofiteand pertinent, as that it did confound the obje&ers > fo as they had not what to reply, might have more then fufficiently con- vinced them of their en our , feing thereby they might have perceived , that when they little regairded the folid and unan- swerable confutations which God (uggefted to fuch 3 as they could not but fuppofe both wife and fober, God would prompt one whom they accounted diftrafted? to give fuch a rational ? folide, and binding anfwere , as all their wit Sc learning could not frame a reply unto ; It feemeth if this Surveyer had been rideing on Balaam's afle , he would have been more furious and mad after the reward, then was thar wicked wretch > and would have thought himfelf more brutish then the afle, to hearken to what the Lord did put in the Chriftian Reader. the mouth of the a(Te to fay , by way of rebuke. Thinks he that no man of found judgment will think a fcripture futfici- ently anfvvered , by produceing another -y And that this is but to fet the fcriptures by the eares ? Then it feemeth vvirh him, no man of a found judgment muft think that our Lord Jefus did fufficiently anfvvere that paflage of Scripture which Satan abufed, by adduceing another , x*a:.*. But that Chrift did nothing but fet the fcriptures by the eares , is this far from blafphemy ( I wonder where was the devils wit that he had not this reply to make unto Chrift's anfwer , which this Surveyer here maker h { It feemeth our Surveyer can eaiily out-wit the devil himfelf , and declare himielf better worthy of the chaire. But enough of this here > feing it is obviated chap,X VII. Obj. 15. The author of A Uphtali did further give thefeanfwers. 1. That frcmtheplace it felf\ ($ alt the Euangeltfts 3 ft ts wo ft evident , that thdt command was gtz>en> and the fe words fpo^en by our Lord , only for t§ testify htsvoluntare fuhmtffion unto the fathers will , by laysng down of his life for fulftltng the Scripture , as ts clear from Math. 26. ver. 54. and Job. 18 1 II. Otherwsfe the context being confidered , ( that not only tn Luke. 22: 36. cited > He , forewarning kss dtfciples cf bayard to come , advtfeth them to provide f words and weapons. And Mat. 26. averts his power to have called n Legions of angels t$ hs ajfi fiance , which clearly tmplyes the lawfulnejfe thereof) thts Scripture objected doth more confirme then tmpugne the Lxwfulneffe cf defenfve armcs.~] What fayeih our Surveyer to this ? He fayes 1 . Thatpaffage, Luke. 12: 36. ts perverted by htm. why fo ? Became Beza , Diodat , and Ianfenius acknowledge that fpeach to be wholly alUgnrickj And then addeth > that tn very dead tt cannot fufta'tne that Chrift should here en]oyn them to bay fwords cf outward mettal-i fetng tt was not Chrifl s mtnde tl.tt at that ttme thy should ufefuch fwords y no not tn defence of his owne per f on , would he have them fell their deaths to buy fwords > ar,d then nit ufe tl.em ? Anfw. Though we have obviated this reply , in the place cited Chap. XVII. and fully vindicated our argument from this paflage Chap. XII . Arg. 1 3 . beginning Pag.xto. Yet sve shall adde this , that fure Chrift's Diiciples tooke him to be fpeak- ing of weapons & fwords of out ward mcttal, when they laid ** 2 CO Epiflle to the to him here 4re two; and as fare it is , that Chrift's reply faying it is enough, hinteth at no fpiritual armour, othcrvvife we muit fay that hisDifciples at this time were fuffkiently fortified againft all Spiritual wars and combats; and yet after expe- rience proveth the contrary : And no lefse fare is it that if Chrift had here meaned spiritual armour, he would have been loath to have left his Difciples in fach a miftake, which was of fo great concernement for all timecomeing, now efpecially when he was shorthly to be taken from them : And where do we rinde him rectifying this miftake of the Difciples , or faying, That he meaned no fach fvvords ; his faying it is enough , Importeth fome other thing > as is faid : Againe,if thisfpeechbe wholly allegorick, what way will they expone thefe words, But noia> he that hath a purfe let htm take it \ and hkewtfehx Scrips 2 But as we fee no ground for an allegory here , fo we may not expone Scripture by allegories when we pleafe ; all know how dangerous it is to do fo with- out clear warrand. And as for this Surveyed s reafon added , it is of no weight to force us to accept of fach an interpreta- tion , for though it was not our Lords minde > that they should ufe thofe fwords further at that time \ yet he might have taught the lawfulnefle of felf- defence in other cafes where there was no pofitive command to the contrary? by thus faying unto them, He that hath no [word, let him fell his gar* mem and buy one^y Since he had not made ufe of fach forcible defence before, to have showne them the lawfulnefle thereof, as he did of flight) which alio at this time? he would not make ufe of; and that they might fee how voluataryly and ofhisowne accord he laid downe his life, in obedience to the command which he had received of his Father, who would not make ufe even of that meane which he had de- clared lawful , by ad vifeing them toprovidefwords. Againe theiS^rz^frreplyeth, Thequefltcn u new ancnt the lawfulnejje of frruat mens ufting defenfive arms agatnji all Magtfrats 5 without any shaddow cf authority : And to prove this he alledges that God by his ab folate power might fend 1 1 . Legions of Angels to help Chrtft I Cod hath authrity above all authorities in the World , and he may imploy 'Angels or Men , as \he fleafth > and then thy have a good wan and and Chriftian Reader. 4nd Authority \ But what makes this for any privat Merit ufetng the Cword agamli the M 'agtfir ate ^without authority either ft cm God gt.k en} It is wonder out reafomng from Gods abfolnte power , O the efficacy cf Chrtft's prayer-* -^- to argue the lavfulnefie ofprivatMens re/ijunce of the lanful Magiflrate without any varr and from God. Anfw. This is to us, no ftrange way of replying, feing we have met with the like fo often before . No Man fayeth , let be under- taketh to prove whether by this or any other argument , that it is lawful for privat perfons , yea or for Kings and all in authority, to refift whether lawful Magiftrats or others, without a warrand from God. What a non - fenfical contra- dictory conclufion,shouid this be ? But this we fay, That it is not in every cafe unlawful nor wanteth it a warrand fromGod, even for privat Subjects to defend themfelves from the Ty- ranny of thofe in power , by forcible refiftence ? notwith- ftanding that Chriit would not fufFer his followers to make ule thereof, in his cafe, which was finguhr: And, among other things , his faying , that he could obtaine by prayer ofthe Father \i Legions of Angels, for his fuccour, doth continue it: For it he might not make ufeof mens :. neither might hefeekthehelp of Angels : So that we argue not from God's abfolute power, but from Chrift'sprofe: he might, if he would, obtaine the help of Angels, we show- that in itfelf abftraft from a particular pofitive command to the contrary , it w as hot unlawful , for the Difciples to de- fend themfelves and their Matter , nor for Chrift to make ufe of their help, as it was not in itfelf unlawful to make ufe ofthe help of Angels. Which yet in that cafe he would not do . g, Hereplyeth, Albeit one fart of our Loidsdefgme^ts to/ejn; willing fubmtjfion , to the pleafure of hu lrathtr, yet teat u n: for by occajtonof this prohibition to Peter , he give*' ha ge ail hts Difciples being privat Men , and to all private Men , they should not take the fvordt God not giving therm Author m^j: Anfw. If he meane by Authority, publick Magiftratical au- thority, Hebutbegsthequeftion; and if hemeine a law- tul warrand, we gram all: For though privat perfons not the JVlagiftraucal power ofthe fword; ye we bavel - Epiftle to the ficiently proved that they have a warrand,in cafes of necelfity, tomakeufe of the fword of defence or refiftence, in their o wne defence: And Chrtft'sWordfpeaks nothing againft this. And if he should fay, That Chrift's fentence being general admits of no fuch exception , I would gladelyknow, how he will falve the lawfulnefle of publick perfons taking the fword, for Chriftipeaks in general to his Difciples , He nho ta^tth the fword shall per uh by the fword : and I fuppofe he will not exclude Kings &Magiftrats from the roll of Chaff s Dif- ciples . If he fay , he meaneth all thefe unto whom God fiveth no authority Magiftratical. How shall he prove this? f he fay he fpeaketh to his Difciples who were private Per- fons. True, but it is as true, That he fpeaketh to his Dif* ciples who were Minifters ♦ Ergo shall it concerne only Minifters ? And that he fpeaketh to his Difciples who were Chriflians. Ergo it muftalfo concerne all Chriftians St Magi- ftrats as well as others. Thus we fee his evafions are naught : And the true meaning is , that all fuch as makeufe of the fword, without God's warrand (which the Difciples no w wanted , having God's minde revealed to the contrary in that particular, ) shall perish by the fword: and with this reilriftion wcadmitofit, and he cannot rejeft it : And then irvvijl make nothing againft us , as is faid & proved. Napktaly anfw^reth 3 . Is tt poffible that men should be fo far demented by flattery, as tothtn^ that tt was unlawful for lefus Chrtfl , the mtghty Cod and Lor dovetail , to have defended himfelf by the ajfifence of hps Dtfctples , againft the horrid wtcl^edneffe and infurrecHtcn of the vtlefl of ha creatures , had it net been that it was necejjary that the Scriptures concerning him should be accomplished } The Sttvveyer fayeth, He ts mfolent m faying fo : Whyfo? Becaufe, al- bert a be true , Chrtft as God , could have deflroyed by himfelf or his tnflruments all the -vile creatures that rofe up agasnB htm ; yet Chrtft as Man , fubmttting htmfelf tn our nature to fulfil all righteoufnefje, fubmitted himfelf to Magtftracy , as the ordinance of God • and whatever by Cod's Law was unlawful for afubjeft to do? (as rebellion again ft lav full powers is ) the Son of God in the ft ate of hi* humiliation (ubmstted that the same should be unlawful to htm as Man fSc An{w. It is true Chrift as Man became Subjeft to the Clinician Reader. dieLawandtoMagiftracy as the ordinance of God. But :o fay that therefore He might not defend himfelf againft the vileft of his creatures , who rofe up to take his life , though abftraft from that particular cafe wherein he had a particular ;ommandof God to lay downe his life, becaufe that would aave been rebellion, isbuttobeggthequeftion, and we have faid enough to prove the contrary. Kaphtaly had a 3 . anfwer :hus. where out Lord fayethtnthe place cbjecled , all they that take thefword &C as he thereby only condemneth unjuft and of- fend ve war \ So thefaysng ttfelfby its later part, doth taettely imply the lawf*ine fit & jufltce of both defenfive & vindicative arms , the fame being otherwifejufth founded. Unto this The Surveycr re- plyeth 1 .That the firft part is falfe j for then, fayes he,Thatfen- tence shwld not be pertinently applyed to Peter's fact or fault, for his ufewgofthe fwordvas defenfive and objectively ]uft on his part , to wit j tn defence of his mafter , whom they did invade ; yet he is reproved as wanting lawful authority. yinfw. Peter's wanting avvarrand for any further ufe of the fvvord, made, it is true , his war unjuft yea and offenfive , for all lawful war (except where God giveth a particular command to deftroy a nation or people, as he commanded the ifraelues to deftroy the canaamts , and Saul to deftroy the Amdekttes<>) is in a manner meerly defenfive, as fundiy politicians averre> thinking no ordinare war lawful , but what is defenfive : Andfo this war being contrare to the revealed will of God , was unlawful , and fo condemned by this fentence. But to gather hence , that every defenfive war of Subjects is hereby condemned, is to put more in the conclufion , then is in the prcmiiles. His 2 reply is That the later is mojlftlfly concluded* if hemtane defenfive and vindictive armer againft the Afagiftrate 5 for albeit defenfive and vindictive amnes be otherwayes jrifth founded, the defeel of a lawful authority m.tj^s them unjuft and finful '. it is utterly againft Chrtfis mtnde , and f cope of the text , to allov defenfive as well as vindictive armts againft the AfagiftrJ^ Peter wat defending htmfclf and his M after , and revengi tnvafion made by Malchus the Af.tgi(tr.its fervant ufon thrifts and yet he is reproved f. /n(n\ To fay that th< a lawful authority (as he underftandah it) makech a djfcniiv j Epiftle to the war in fubje&s againft their Magiftrats , otherwife lawful, isbuttobegthequeftion, and is not proVed by any reproof Peter gote , becaufe as we have often tolde him , that was i particular cafe j it being neceflary that the Scriptures con- cerning Chrift should be accomplished , which is only added by our Lord , as the ground of his difcharging Peter to pro- ceed : Chrift never tels him that it was againft the lawful Magiftr'ates , and therefore might not lawfully be : Yea that which made Peter's Defence in this cafe unlawful, would not Permit I.C. to pray to his father for aid or deliverance: now if he will conclude from Chrift's difcharge of Peter to make ufe of the fword , that it is (imply unlawful for perfons not cloathed with publick Authority , in any cafe , to defend themfelves from the unjuft violence of Magiftrates, then let him conclude alfo fromChrift's example that it is unlawful for them to pray for help from God when they are opprefled : for Chrift gives one reafon for both. We are willing to grant him all that can be drawne from the fcope of the place , to wit, that when God hath fo plainly declared by his provi- dence , that there is not fo much as place left for praying that the thing wherewith we are threatned may be avoided > but that we muft fufftr, and that then it is our duety to feek to be ftrengthened with all might, according to his glorious power, &c That in this cafe, to take the fword is un- lawful , this I fay we willingly grant ; but if he would vvreftthe words further to make them fay what he would have them.he erreth not knowing the fcriptures nor attending to their fcope : Yea, it may be queftioned if the Chiefe Frie{h, Scribes and Elders whofentout that band of fouldiers , were lawful civil Magiftrats , at this time , having power and authority from God, to ufe fuch civil force and coa&ion , and not rather ufurpers . But we need prefle this no further , having ground fufficient , to maintairie what we alTert , even yeelding this unto the adverfaries. After that Napbtalt had confidered thefe paflages of Scrip- ture which were obje&ed to the impaneled , He propofed s wo other to be examined: The firft was/ok 18; 3*. „If 3; my Chriftian Reader. i',ttiy Kingdome were of thisvvorld, then would my fcrvancs ,> fight that I should not be delivered to the jev ves , ymo » ^Japhtaly an fined tktu. As the intent &fcope of our Lord's „anfvver was to clear himfelf of that calumny objected „againfthimby the iewes > that he made himfelf a King in 3> oppofition to Cxfar ; So the meaning of it is plaineand 7, obvious , to vvit> That our Lord's Kingdome is not of * , the Nature , and for the Ends , for which other Kingdoms ,,of this World were inftituted \ but wholly fpiritual , for ,3 declareing the Truth , & thereby gaining fouls unto glory : ?> Whence as our Lord would there inferre, that he came „ not to conquer to himfelf difciples by outward forc£ , and 5, thereby to gaine followers to the fpoiling ofc&ftr , and „ other Princes • So it is without all shaddovv of connexion, „ thence to conclude , that a people having received the ,, bleiiing of the gofpel, and Kingdome of Jefus Chriit, „ should without refiftance fufFerthemfelves (tothemanifeft P, dishonour of God, and the hazard of the eternal damna- tion of themfclves and their pofterity) tobeimpioufly and ,,facrilegiouflyfpoiledand deprived thereof, when they are „ in capacity to defend the fame. This the Surveyer acc,u?.tcrh >, Pag. 26B. an extravagant expoficionj and why? is not p(fyesbe) Chrift'splaine meaning, to declare the nature of „his Kingdome to be fpiritual , by this, that none of his >,fervants were engaged meeily upon this account, and „ under this formality , that they were his Servants , to fight ?, violently for him i This was fecurity enough to C&far , » & all Magiftrats for ever , that none of his fubje&i should i>takeuparmesinhis quarrel againft them , but should only '>dofovvhen Religion came to be a Lawrtgbt, defenfible o under the Magiftrats proteftionagainftallforreigncis- But )> there is not the leaft hint of his laying, that he came not oto conquere difciples to himfelf by outward force, his » intention being meerly to give aflurance , that violent re- »f]fteiice to our proper Magiitratcs, even in his be 55 unfuteable to his Kingdom.] Anfvv. i.Mrll mtbepUteteUwi that C hnpsfcope here u exprcfly to jnlvvcre Epiftle to the y\ to the accufation concerning his Kingdome, andfpeaksfo „ much- of it negatively , as might fatisfy Pilate , That [it „ might well enough conlift with the faifty of the Roman ,, State. Therefore he sheweth that his Kingdome was not ,> a vvordly Kingdome \ and for proof thereof , he inftanceth ?, how far he was from afpireing to a Kingdome by force 3>of armes,in that he would not fo much as permit his fervants 5, to fight in his defence, as they offered to do, when the >,jewescameto take him.] This , inmyappi'ehenfion, is not one and the fame with the Swtveyers glofle, andlefledif- crepant from Ar<*/^//j glofle, then is his* z> What though it should be granted, that none of Chrift's fervants were engaged, meerly upon that account , and under this forma- lity , to fight violently for him ? Will it hence follow that Chriitians in a Kingdome, may not ftand to the defence of the profefled Religion , received and fworne to by King and all rankes , againft manifeft tyranny and oppreffion ? 1 fee not the confequence, feing they may do all this as civil Subjects , good countrey men , and loyal patriots : and this Is enough for us. 3. Himfelf dar not deny , but even Chri- ftians, fubje&s of Chrift , may take up arms in his quarrel, in fome cafes , for he granteth it may be in this cafe , when religion cometh to be a Law right defenfible under the Magi- ftrates protection againft foreigners ; But , is there any ground for this exception alone in all Chrift's anfvvere ? 2. iftherebe no ground more for this then for others, why may not we put in our exception , as well as our adverfary puttethinhis 1 3. If it become a Lawrighy whymay itnot as well be defended by private fubjects , as other Lav: rights and civil libertyes, are a,nd may be, even againft Magiftrates? 4 Shall it not be defended even when it becometh a Law r/ght, againft foreigners , but under the protection of the Magi- ftrates ? Then , if Magiftrates will not concurre , private peribns may not defend their Religion by force of armes , againft an army of Turks Papifts or Heathens , comeing to prefle all to Mahometanifme, Idolatry or Heathenifme ? What height of abfurdity were here? 5. Since Chriftian Maeiftrats are Servants to Chrift, as ;ve!l asChriftian fub- b jecis j * Chriftian Reader. jects , Why shall it be more lawful for them to engage in ChnfVs quarrel under this formality , that they are his fer- varus, then for meer fubje&s; feing Chrift maketh no ex- ception here , of one or other ? nor diftin&ion among his Servants ; and feeing this feemed to be as little fecurity for Cdfar as the other , if the fcope mentioned by the furveyer be the true fcope i 4, The particular mentioned by Naphtaii is more futeable to the true fcope , then this which the Swveyer raentioneth : For the queftion was not touching reliftcnce to our proper Magiftrates in ChrifVs behalfe. But whether Chrift was a King or not: to which Chrift anfvvered That howbeit He was a King , yet his Kingdome was con- fiftent with Caftrs Kingdome : And as he come not to conquere Sub/efts to himfelf by outward force , fo he minded not to erect a temporal Kingdom by armes. Naphtaly did adde further. The truth thereof, together with tbe hypocrtfy cf our adverfartes , may foon be dtfcoveied, if the que ft ton be but jiated tn the te arms of one fcrraigne and independent prince's invading another 3 meerly upon the account of the Christian faith >; ay. d whatever folut ton or tvafion they shall herein make 5 "will as exactly quadrate to the cafe tn hand, it betngalmoft ridiculous to conceive , th it the greatest- aggravations of mvjfior.s of thu i^nde^ to wit, that it is made by a prince upon his cwne fubjecls , {who ft \pr of ejfton he him ftlf is principally bound to mdir.tatnc) should trnp^t any feciality and difference to the cafes. Unto this I flnde no ;anfvvere in fpecial returned by the Surveyer, unlefTe /v^. 167. \he mean A aphtaly whenhefayes, But the Apolog. zery para- doxically vill maintain Pag. 159. That there is mere reafon to ref ft lur own Magtjiratts — thenforratgners , it c.iufe our ownt being bcut.d tomatntdinc our prof ejfton , his tnvafion upon the fame is aggrazsj.-e , and he is rather to be refilled by violence then others, ] for I flnde no fuch thing in that place of the **p*lcg. by him eked , and that which I juft now mentioned out ofKaphtalsisinc inPag. 15$. and though he mifcite the words 3 and v\ them after his wonted manner, yet the Reader may fee it probable that he intendeth Kaphtaly . However let us fee what he anfwereth, Ihm^sU (fayeshe; ihu it were fundly Epiftle to the ' and not at all to our obltgatton tc him , even when he fails abufetng his power. Jnfw» He looks meerly to the obligation of the Magiftrate to us, when he mentioneth the aggravation of his guilt of i^vafion upon that account \ And whatever be our obligation to the Magiftrate: { which a aphtaly did not forget though he was not called ex* prefl) Chriftian Reader. prefly to metitione it then Sahere, ) it will not follow that it is an obligation unto an illimited and ftupide Subjeft ion to him, in all cafes 3 and if the Survey prove not this ( which I fuppofe he will not do) he will prove nothing againft us. What more fayes he to this place of Scripture? Pag.%67. after he hath given us, in his way, the meaning of thefe Words of Chrift, to wit, 7bat Chuff proves hts fyKgdcme not to heofthtsworldby this Medium , that $f it were fa , his fcrvants (in the quality of hts Servants) should take Hp outward armes afidfigkt forhim, &c. Then he concludes that this text viilenforce _ that Chris? s Steels [mealy as they are in the capacity of htsSubfecls) arencttoufe the fword aga/nft M ag/fl rates , that are ovtr them, $n hts behalf*. And then fayes , he allowes well of Mr. Hutche- (on's note upon the place ■» Chrtfl fayethhe by hindering his fervanrs to fight, who were but private men , as to any civil power, hath taught that private men are not warranted to draw the fword, were it even in defence of Religion, but they ought to maintaine it by fuffering , when called to that extremity] ^n(w. 1. ty7e have showne already how this man's glofle > and Mr. htutchtfovs do not every way quadrate. 2. If this text enforce that Chrift's fubjefts , meerlyasthey are in capacity of his fubjefts, are not to ufe the fword in Chrift'sbehalfe; then, He muft either fay that people even j under the conduft of a lawful Magiftrate can not defend Re- 1 ligion by armes (which yet immediatly thereafter he grant- lcth)orfay , that when they defend Religion fo, they aft inotmeerlyin the capacity of Chrift' s fubjefts. 3, As for , Mr Huuheforis note which he oppofeth to all our rebellious fancies, we fay, we wish that that worthy author who hath given great proofof his dexterity in deduceing poynts of doftrincfrom the text, had been , after his ufual manner,more acuratehere, and had guarded his afiertion better, that it might have had a more clear rife, every way anfwering the ground it was deduced from : forfurelam, this ground (if it be at all againft defenfivc armes in matters of Religion) will as much fpeak againft a defence ufed by Magiftrates , upon this account , as by pri vat Subjects \ for the ground is the fame, to wit, that Chiift's Kingdome is not of this /I; world, and alike concerning Magiftratsaud people, and is no Epiftle to the no more a temporall Kingdo.me in regaird of Magiftratsi then in regaird of private perfons. And upon the ground chat Chrift would not fuffer his Difciples to fight for him , at that time > upon the fame ground he would not have fuffered even Magiftrats to fight for him , for he behoved to drink the cup that his father gave him: And neither Ma- giftrates nor privat perfons , could have hindered that by force , or would have been permitted to do it, by him : And if it be f aid that from other paflages it is clear, that Magi* ftrates, who are nourfing parents to the Church, are al- lowed toufe thefword. We anfwere That we have alfo proved from fcripture and reafon, that people, in fome cafes? may ufe the fword of defence for Religion* A gaine if it be f aid , that his Difciples were but private perfons, as to any civil power, and therefore it is only to be underftood of thefe. // %s angered, That it will as well follow, That becaufe they were fisher-men , therefore it is to be meaned only of thefe, and of noneelfe; or that becaufe they were Church officers, therefore > only they mull not ufe the fword , and 10 all others may. The lalt place which Naphtaly mentioned , was Math. {: v.17. to the end , where it is faid, Re/ijl not evil but whofiever shah fmttethee &c. with the parallel places, fpecially,2to/.i3: v. io# Unto which he anfwered , That as thefe places do enjoyn eithei fat fence, when the clear call and diffenfation of God do inevitably cai unto fuffer mgjvithout which patience were no patience but rather ftupi- dtty or QJc. - - - So thence to tnferre that Men should give way to al violence and facrilege ( to the fub verting of Religion and righteous* ne[]e ) /'/ after the manner of Satan , to cheat and abufe men by the holy Scriptures. The Surveyer replyeth thus , ( I meddle not with! ' his impertinent reflections , and fcurrile jibes , nor with hi;!* groundlefle inferences , which we have fo oft met with irf the former part. ) The f cope is , to shew the unlawfulneffe of pri -oate revenge > for injur tes done to h* , and the place will con- demn platnely enough violent retaliating the Magtftrate , when wt thmkjhe dath M wrong. Anfw. Thefcopeof the place is obvi- ous ; and vdoth no more condemne private perfons retaliating the Magiftrate, then M3gifxrats retaliating privat Subjects unlefl Chriftian Reader. unlefle Magiftrates be exempted from this precept, and con- sequently be not to be reckoned among Chrift's followers . And as from this place, it will not follow , that one inde- pendent King may not make war againft another, andthere* by defend his rights , nor that one private perfon may noc \ defend his rights and juft pofleffions againftan invader, no more will it follow , that Subjefts may not defend them- selves and their Rights, Libertyes , and Religion, againft the violent oppreilion and Tyranny of Magiftrats . Next fayes the Survey tt , Pag. 169. That eveiy Man in his calling ought to withstand violence and Sacrilege to the Jubverttng of Religion and E tghteotunefle, is granted : Tea privat Men may rejsji the tipjujt vio- lence of private Perfons , and being under the conduct of the Magi- I prate , may refijl any that efferetb violence , in leffer concernments then thefe are^j I But xs>e fltll masntatne that this text forbids all re* venge or violent retaliation upon the Magiftrate though he abufe his I fover. An[w. The queftion is not what he will ftill maintaine ' that this text doth forbid; but what he can evince that this jj text will prove againft us. How will he prove that this text *l doth more forbid private perfons , to refift the unjuft violence of Magiftrats, then to refift the unjuft violence of privat perfons , or to refill the unjuft violence of any , having Magi- ftrats to conduft them \ Is there any exception in the text > ' Doch not the text fpeak to all in reference to all ? To wit, that ' they should refift none out of a Spirit of private revenge? :. Againe though the text forbid all revenge or violent retalia- t on upon the Magiftrate , though he abufe his power \ will "^ it therefore forbid privat Subjefts to defend themfelves by :ce, in cafe of necellity, from manifeft and unjuft vio- ' nee and Tyranny ? No: no more then becaufe the text doth >rbid even Magiftrats to revenge or retaliate, from a spirit TJof revenge , wicked Malefaftors, It doth therefore forbid 'them to execute juftice upon them. M Kaphtaly did add > that this was ,, [grofly to exceed that fignal rule mainly in thefe places intended, to wit ,] '\ that we should be perfeft even as our Father which is in , Heaven is perfect ; „ [ Who though he filleth the Earth *,>wich his goodnefle , ■ yet doth he love rightcouf- ,5 neflc Epiflle to the 33neffe, andhelpethanddelivereththeoppre/Ted? and com- ,>mandcththe Zeal of his owne glory (wherein he himfeli ,> doth often eminently appeare) by the hand of his people, 35 to take vengeance on his adverfaries. To this the Surveyci replyeth. „ [What ftrange argueing is this , that becaufe ,3 God Almighty executeth vengeance upon his adverfaries , 3> therefore private perfons should follow his perfection in 3,doing the like albeit they have not his warrand or command Anfr. Naphtaljs Argument ran mainely upon „ [helping and ,, delivering the opprefied ] Neither doth he conclude what private perfons may do withoutGod's warrand or com- mand. Thishefuppofed becaufe he had evinced jt. Then Naphtdy clofeth faying, ,3 [Let us therefore in the confidera- 5,tionofwhatis faid, Rev. i$:v. io.] He that leadeth into captivity shall goe Into captivity. He that killeth with the fword&c. 3» [Both poflefte our fouls in patience, under all the 3, former fufferings , and hope and rejoyce in the faith of the >j fucceeding delivery there fubjoyned. ] ,5 [ Upon this 3, (fayetk the Survejcr ) he would found the tonfolation , and ,3 patience of his party in all former fufferings 5 and his hope 5,and joy in the fucceeding delivery. ] Anfo . And why might he not t „[ That word (fayeske) St&.if. toucheth „not , nor threatens the Magiftrate in the execution of j.u- 3>ftice ; but rebels 3 who uie the fword without God's 3, warrand 3 againft the Magiftrate 3 may read their reward ,, in this text. ] Anfo. We fay not that it threatens the Ma- giftrate executeing juftice. But let fuch fee to it, who in- ftead of executing juftice 3 pervert juftice 3 and execute the innocent people of God. And, after the manner of the Beaft there fpoken of, maketh war with the Saints : And fo may all rebels againft God who ufe the fword without his war- rand. But as for privat Subje&s defending themfelves by the fword of innocent felf defence, againft urrjuft violence, and intolerable tyranny and oppreilion 3 we have proved that they want not God's warrand 3 and therefore they may- look for another reward. And as for his hope and confidence afterexpre(Ted3 we let it paffeasnot worth the mentioning; for when the hope of the Hypocrit perisheth , his is like to give up the Ghoft. Having Chriflian Reader. Having thus anfwered all which this Surveycr hathfaid, whether in his firft pare , or now in his fecond, agafnftrhe truth which we have maintained , weraay faifly fay that thefe valient worthies were bafely and unworthyly murthered , & that there was no iuft caufe to take their lives. This man Pag. i6o. (3c- Will not have them juftified, andadduceth > for the mod part , fuch reafons , as make me doubt whether he can be the fame man, that drew up the firft part of this Survey* becaufe they are the very fame things we heard before in the fiift part ; and is it poffible the man could have forgotten himfelf , or think that we could fo foon have forgotten what we heard in the firft part, and had anfwcred ; And if he be a diftinft perfon ; I wonder what the man meaned , to give us the fame things over againe: did he ever read thefe in the firft part , or had he forgotten that ever he faw them ? Or thought he that they would have the weight of gold coming from his Mouth , while they had not the weight of ftuble being uttered by his collegue ? He beginneth that difcourfe with palpable untruthes , faying That they fujfered rot ufcm the account of ownemg the covenant. Whereas the maine Argu- ment of their indictment was. That all convocations andn- femg in or met , or fubjefls entering in leagues without or agatnji the Kjngs authority are trcafonable. Then he te!s US. That all which they can fay for their rtfemg was that the Magtftrate , by moderat fen alt yes according to lav , was fr effing them to attendance uym the cr- •dtnance of God -> which is an tndt (pen fible duty. This we heard before and is anfwered Chap. XVI. Pag. 3^8. £5V. Neither was the penal tyes moderate , nor were they exafted according to law, nor were they thereby prefled to attend that ordi- nance which is an indifpenfiblc duty ; Eut they were prefled to a finfulcomplyance with abjured prelacy, contrare to their vow and Covenant , by barbarous tyranny. Then hefayes. Their lives were not (ought upon any tearmes. See the place now mentioned where that is fpoken to alfo : and to all of common fenfeit was notour, that their cafe was a cafe of moft inexo- rable necelfity , their mifery being fomuch the greater that their lives wfire left them to fee themfelvcs miferable \ as if *** the Epiftle to the the barbarous enemy had intended onely to make them liveto fee it. Neither was there any flying for a whole countrey fia C: with their wives and children , and therefore what Lex Rex fayeth Pag. 3 2 7, 3 28, 3 %$. confirmeth the lawfulneffe of this. As to their not fupplicating mentioned by him next, it is fpoken to alfo in the place cited : And however he may think now to incruftate that tyrannical and irrational aft, forbidding all joynt fupplications ; yet the whole land kno w- eth, that if that opprefled Countrey had attempted any fuch thing, they had been accounted guilty of LafeMajefty. An4 had gotteajrio other relief of all the illegal impofisions which infenour officers did lay on. Thereafter he cals it a notable contradiction to fay that their rife was indeliberate, and yet Lawful , lufi , holy , exemplary , neceffary : And that the godly an- cients never enrolled them among martyr* > who by then ovne rashneffe had occafioned thetr cwne fuffertngs . Anfv. As if an aft ion might not be both lawful ]u& and necefiary , though the firft rife there* of might have been unexpefted 3 and a meer furprifal of pro- vidence : And as if every aftion were finfully rash which were not long and deliberatly before contrived. So then by their rashnefs they did not occafion their fufferings \ but , by a furprifal of providence > being called to their owne de- fence , and to a vindication of their libertyes and Religion , while they were murthered upon that account , they may very lawfully be enrolled among the Martyrs. Then Pag. 26 1 . he fay es. 7 hey were thefrft-aggrejjors , and frft flew one of the fyngi fcrvants. This was told us in the firft part , and is anfwei ed : And who knoweth not that the firft aggreflbr may be firft killed. See what is faid to this rag. 350. Then he fayes the 2STOvatians£jDonatifts were not accountedMartyrs albeit fmetmes they were drawn to death by fcrfecuting pagans -fmh afcul Statne did theyfeeinsdifme. ^nfw. And indeed upon the fame ground, if any of this corrupt apoftat fcfton , which hath made de- fection from the received Religion, reformed in doftrine worshipe difcipline and Government, and fworneuntoby our whole Church 3 were drawne to death by pagans ? under thecemmon notion and name of Chriftians , they could not be Chriftian Reader. be accounted Martyres , becaufe of their (infill and perfidious renting of the body of Chrift. They, and not the honeft party who adhere to their principles , are thefchifmaticks , The Novatiant and Donates who departed from the truth , & not the honeft Chriftians who remained conftant, were the true fchifmaticks. Nor doth Naphtaly fix them in a fchifme when he teacheth , that they were indifpenfibly tyedbythe Covenant, to abhorre a complyance with thefecourksof defection, more then the honeft fathers of old did fix the honeft party in a fchifme , by teaching that they were not to imbrace the principles and practices of the Donates and Ko- vattans. The 6. And laft particular which he mentioneth /><*£. 162. is but a heap of groundleffe calumnies, to wit, that their defigne was to put downe all authority, to deffroy all *ho would not accept of their fenfe of the Covenant . to place them- (elves tn the chatre of authority , of which fluff we have had enough in the former part , and shall fay no more now , but that it is plaine , their caufe is defperate and gone, when they muft flee to lies for refuge , but to show how perfectly they are affimulat to the fpirit which drives him, they will be both lyersandmurtherers. And now. Noble patriots (for to you would Ifpeaka word erelclofe) though I have, in fome weak meafure, endeavoured, tovindicat the lawfulneflTe of your noble and heroick enterprife, to ratfe up th* virgin ofifrael-, who -was fallen , and for fallen upon her land, yet you ftand not in need of the help of any fuch weak advocat , as I am , your viweffe »#/ tn Hedven , and your record on high : it ts he who jvjjsfyeth , and therefore though now you be hunted , at partridges on the Mourn aine , and be a People robbed and f polled , fnared in h$lt/ , hsd in prtfon honfes , and be fr a prey , and none deltvneth , for a \rposley and none ftyeth re(iore , you need not be troubled who icondemne you > This being your rejoycesng , evert thetejltmjny of tour conference , that in fimplictty and godly fncerstjj not wsthflesUy is (dome 5 but by tit grace of God , you have h*dyour couvet fatten nthe world , and more abundantly in this particular. And there- fore may you depart from the preface of Councils ( when brought ** * 1 before Epiftle to the before theni, upon this account) rejoyccing that you are counted worthy to [offer shame or what elfe , for his name. Stumble not at the wife difpenfations of God > nor thinks tt ftrage concerning the fiery try al which is to try jot* (and dayly experience telleth us that this continued tryal maketh new difcoveryes)^ tf fm§ ftrange thing bapved unto you , what ever ftrangers to God and fuchas jucigeofhim, and of his holy, fublime and wife dit penfations by carnal fenfe , may think , but rejoyce m as much as yeeare partakers cf chttfts fujfmng. That when his glory shall be revealed (if not m this world dureing our dayes , yetinthe world to come ) you ?nay be glad alfo with exceedingly : Yea // you be reproached for the name of Chrift y much more if yoube put to harder fuffcrings, happy are'yee, fir the f pint of glory tf of Codreftethcn you; fince it is undenyable , that on their part who are your Enemies , he is evil fpolgn of, but on your part he is glorified. Though men think that you fuffcr as mat deters , or as theeves , or as e-vtl doers , or as iufy ho dyes in other mens Matters. Yet havingan undoubted ground of perfuafion , thztyoufujfer aschrifttans, for ovvneing Chad's intereft, and his Cove- nanted work in the land, you need not he ashamed , butkist eaufe to glorify Cod on this behalf e. And tinceyou (ujfer according to the will of God , commit the keeping of your fouls to htm > tn wel domg as unto a faithful Creator . Be war of inares and finful bonds , for the fame fpirit of Malignancy and enmity to the interefts of Chrift,, acteth in thefe, which afted in that bloody perfection : the fame defigne is carryed on , to wit , the conftant banishing of Chrift and his interefts out of the land, and the eftablishing of thefe grand images of jealoufy which provoke to jealouiy* O for that truely divine zeal which would more eate us up , forthehoufeofGod which is defo- late, and his precious interefts which are perfidioufly fold : and wickedly trode under foot, and which would make us never to fitdownefatisfied with any conceilions » or favours* howfpeciousfoever, until we faw our King reftored to his owne, and brought back to his throne and Kingdome with shoutings and acclamations of joy. O dearly beloved ftand fuft: Andbewarelfayoffnares} but hay eing done all ftand with' Chriftian Reader. *ithyour loins girt about with truth 3 and your feet shod with the preparation of the gofpel of peace y as you have not been frowned out of your integrity , fo take head ye be not flattered out of it,be not fo fimple as to beleev every word that is fpoken jfor he muft shut his eyes and love to be blindfolded, who doth not perceive, that while the men that lye in wait for your halting > and defigne to draw you into a compliance with their courle of opposition to the work of God , ipeake fair, there are feven abominations in their heart* Let your eyes be in your head : Hold faft what ye have , that no man take your crowne i The devil is changeing weapons upon you , with a defigne to give you a parting blow : be vigilant* refill him under every shape whereinto he transfcrmeth himfelf, that he may aflfault & overcome you j fo shall heat laft flee from you, and ye shall be more then conquerours through him who hath loved you : your £xtt> though upon a fcaffold, will be unfpeakably ;oy ous , and full of glory , and when ye have made it appcare (if called thereto) that ye love his inter- efts fo well , that ye continue not to love your owne lives unto the death -, then shall ye be aflbciat withycTur blefled brethren, and fellow fufferers, who overcame the fame enemy that continues to make war with you and the remnant of the vvomans feed , by the blood of the lamb , & the word of their teftimony ? Ye have not only the advantage of all your perfecuters , but of many oftheprofefled yea real friends of thevvoric, a great many of whom , when called by the fame providence to appeare with you, unto the help of the Lord agaiiift the mighty, did couch under their burdens, and abode amongft the sheepfolds , to hear the bleatings of the flocks, while like true Kazhrals's ye jeoparded your lives in the high places of the field, fome of whom it may behave added grief to your forro w , & have condemned your i lfcing, to juftify their owne finful shifting, and fitting that opportu- nity ; againft whom we know ye meditatno other revenge , then ftill to love many of them as brethren , & pray that their leaving you alone may never be laid to their charge. And of fome alio who pretending refpeft to the caufe , did a great deal * * * Z worfc ; Epiftle to the worfe, by aflbciating themfelves with that enemy, who with open mouth did come upon you to eat you up, the ex- pectation of whofe heart may be dreadful , when he cometh to make inquifition for the blood of his faints , and they may tremble at the thoughts of being led out with thefe workers of iniquity , with whom they joyned themfelves in the day of your diftrefle. I wish chat repentance may prevent this ruine : ye have I fay the advantages of thefe , & have obtained mercy of the Lord, to doe and fuffer for his fake while many of your brethren have fainted and fled. Keep your ground , for ye are Satans great eye fore ; he feeks you , to shake and winnow you with the fmooth & flattering infinuations of the men whofe great defigne is to fecure and fetle themfelves on theruines of the work of God, and feem to offer fome thing , if ye will give them fecurity for your keeping the publick peace, that is, if ye will never offer to put out your handtoftrip them of the fpoilesof ChrifVs honour , vvher- vvith they have cloathed themfelves ; this is to keep their publick peace , to let them live in a peacable pofTeHion of what they with wicked hands have taken from Jefus Chrift * and never to trouble that watch which they have fet about thegraveof his buried interefts , for fear of its refurreftion. But I hope that he who hath delivered your foul from death, and preferred you while they hunted for your precious life, will alfo deliver your feet from falling , that ye may , holding ftill your integrity , walk before God in the light of the liveing. And though the Lord think good to hide his face for a time , Let us watte on htm who htdeth his face from the houfe of ifrael , and let us look, for htm , who knovves but he be waiting that he may be gracious , and that he writ be exalted that he may have mercy ufen us : For the Lord is a God of judgment y blefled are all they that watte for htm . Who knoweth but the zit/ton be only for Art appoynted ttme , and at the end tt shall fpeal^ and not Ite , therefore though it tarry , let us watte for tt ; becanfe it wtll frrely come and wtll not tarry. Then they who* are our enemies shall fee it 0 and shame shall cover them who fatd * * * * 4 unto Chriftian Reader. unto us > tfhcrt is the Lord your God ? Our eyes shall h child them , and they shall be troden down as the mitre cfthefireetsy We shall no more be tear med for fallen , nettber shall our land be rearmed any more defolate , but ve shall be tailed Hephzibah , and our land Beulah ■ when our Lord shall delight $m usy and our land shall be marryed I Let our King come, and make hafte. To him be glory for ever and ever. Amen. ERRATA. ERRATA. PAg. 3. Lin. 34. Read fincerely, p. n. /. 18. rM there may. p. $4.1.6. fw this r. his. p. 38. l.n. r. from a: ibid.l.n. r. difference, p.71.1. to. r. mightily, p.79. /.i7.f. precedents, ^.83./. 13. r. Ariftocracy. p.^s./. 34. r. Kings, p.i+i.l. 17. r.at. ^. 151. I. penult, for is r. his. />. 188. / 4. r. politician. ^. 114. 1, 13, r. precipice, p. 13 7./. 3 3./oronly ?. cheif. /m?£. /. if.r.abfurd. p. 311./* i3./flrvirmilionr.nitre. p.42^./. 31. r. hiscaufe. ^437. /. 7.7. this. Reader, IF in fome Copies thou findefomemoefuchlike^rfome other, through the tranfpofition of Points or Letters, or one Xe//fr for another ^ as ».for«. or*, for r. or /.for/ or the like , that will not readily marre the fenfe j thou may eft be pkafoi to correct thefe , as thou readeft. jusi Pag. i JUS POPULI VINDICATUM. O R The Peoples right, to defend themfelves and their covenanted Religion, vindicated. Cap. I. The Queftion cleared and dated . H E Surveyer 3 taking but an oveilye, flight and fu- perticial vieu ot the books , he would make the world beleeve, he confuteth, mea- fuieth out- and treadeth down (as any of ordinary capacity, compareing his wordy but unworthy pam- phlet, with what, is orderly & methodically let downe* and ftrongly and unanfwe- rably conhrmed ( as the :vent shall demonfV'ate ) in thefe books , which he unman- ike fnarleth at , rather then anfwereth ) thinketh it of his ad- vantage (as it is the advantage of all who delire not to be feen in their own colours , nor to have plaine truth difcov crcd, and :heir pernicious errours and practices futeable thereunto , un- blded , to caft a mift before the eyes of iuch as would oW hem, orraiiefome/^»///^/«:^tomifguidethem, & take them )fftliej^jy) to ufe his out -molt endeavour to deceive liisun- A vvarry a The Queltion Cap- L warry&inadvertant reader, &leadhim> (who is fo Ample *s to beleeve every thing which he and his fraternityfay , though they have manifeftly and undenyably forefaulted all faith and credite, with all who know what is the fundamental bonde of allfocietyand commerce) into the fame finful and irrational abhorrency, of an exploite and interprifefoconfonant tola i- pture, law, equity and reafon , andtothepra&iceoi w rthy Zelots abroad 3 and at home, from the very beginnngot the work of reformation • and for this caufe , as he hath foolishly and ignorantly paralleled thefe worthies , ( whofelatepiattice weshall, godwilling, abundantly vindicate, from all which this flaunting and windy adverfary , who cometh forth to shake his fpeare , as if he were another Goliah , hath faid here againftit) with the irrational, furious , and brutish rabble of Anabaptiftswho followed l\rimer doling and lohn of Ley &e*\ So allalongsinhisdifcourfe; he hath not only fnarled^C, picked out, and miferably wreftedfomeexpreilions in thefe books he would confute , efpecially in the Kayhtdt , and then run away with a cry vent, vid't , vm% as if he had gained the day; which way of dealing with an adverfary, is, to all men of judg- ment and underftanding, very un-faire , bafe and puerile , no way befeeming a man pretending to plead for truth, and to difcover verity , as he pretendeth to do , yea judicious perfons "will , from fuch dis-ingenuous& unhandfome way of anfvve- teing, eafily perceive on whofe fide truethftandsfirme & un- shaken -y But ( which is yet more palpable and groffe ) he hath either ignorantly , or fraudulently 5 perverted the true ftate of thequefticn, both in 7k// , and in hjpothc/t. which isafufficient proof of the difperatnefle of the caufe which he would maintaine, and of the mans purpofe to wrangle , when he cannotanfwere , and to buske up an advtrfary of ftraw to himfelf to fight againit, whenhecannot, darnotjook his real adverfary in the face; and a ground more then fufficient to make wife men judge, that he hath rather confirmed the hands of his adverfaries and ftrengthened their caufe, then, in the leaft, weakenedthefame,"forallhishidiousout-cryes, and dexte- rous heaping up of many words to little or n^pfirpofe , unleflc to take with fuch? as think the beft caufe? is on tt^ir fide, ^ whd Cleared and ftated. j who have the manyeft, mod darring, big andplaufibleex- preilions , but are not able to judge righteous judgement , not* difcerne whether or not there be true gioud for fuch confident exclamations, and bold aflertions. I am confident chat all who have not proftituted their judgements and underftandings $ to a blinde and irrational beleef of what, fuch as have un-manned themftlves , and voluntarily given away chat rnafculine con- ftancy and fidelity , which men , but of ordinary fpirits , would account the height of bafeneiTe • and have now adorn- ed themfelves with a more then feminine levity, yea, and em- broidered themielves with fuch a dale of intolerable falshood, uniaithfulnefle, impiety and perjury? as would make Heath- ens , ( though none of the bed refined ) account them un- worthy ot humane fociety, do, with more thenDrdmaryconru dence, and bold audacity, afTertandmaintaine. That I may not, after the a methodical methodeof this difputer , who loveth to walk in by-wayes , ftill keep the Reader in the dark, I shall firft cleare the true ftateof the queftion, confirme the truth, and vindicate it from what he here aflerteth , anfwereth , or objecteth , that is appofite to the purpofc ; forbearing once to take notice of his many fcur- rilous, bale, unchriftian.yeaandun-manlyexpreifions, which shew what fpiritheisof: and aiterward I shall confider and examine his excuriions which have not fuch a clorTe connexion with the prefent queftion , as he would make his Reader be- leeve, left he should yaunt,as having fpoken that which no man can anfwere. That it may appeare what is the true ftateof thequeftion, we would prcmite thefe tew things as neceiTary tobeconli- dered . tnft. That the whole body of the people of Scotland were engadged to God* by lolemne Covenants, vowes, purpofes and promifes , frequently renewed , to owne and endeavour , really, fincerily, and conftantly, through the grace ofGod, in their feveral places and callings, with the hazard of life, tads goods , and all what they had , the prefervation of the reform cd Religion* in the Church of Scotland, in doctrine, worshipe, discipline and government; and without refpect of perions, the A z * extirpation 4 The Queltioii Cap. I. extirpation of Popery, Prelacy,Superftition, Herefie, Schifme* Prophanefle* and whatfoever shall be found to be contrary to found do&rine, and the power of Godlineffe , left they should partake in other mens iinnes, and thereby be in danger to re- ceive of their plagues: and that they should mutually, with the Privileges of Parliaments , preferve and defend thelibertyes of the Kingdome: and in this common caufe of religion,liberty, & peace? aliift and defend all thofe, who would enter into thefe bonds , in the maintaining and purfueing thereof. Secondly. Not only did the body of the commonalty fub- fcribe, and folemnely with hands lifted up to the Moft High God , fvveare thefe Covenants and engagements , at the com- mand of Magiftrats ; But the Magfftrats themfelves , both fuperior and inferior, did take on them, in a moft folemne man- ner, thefe fame vowes and engagements , and folemncl pro- mifed, as they should anfwere to God in the great day, topro- move this covenanted work of Reformation, and to profecute, in their places , ftations and capacities , the Ends of the Cove- nant . Thirdly. When this King (who did fvveare and fubferibe thefe Covenants , before he came to Scotland) was crowned* and folemnely inaugurated , He not only renewed thefe lo- lemne vowes and engagements ; But upon thefe termes and conditions , was he admitted ; the people declared their wil- lingneffe to admit of him , as King , the fvvord was put in his hand and accepted , the People did fvveare fidelity , and alle- giance, according to thefe Covenants; the like did the Nobles one by one , viz iweare to be true andfaithfull to htm, according to the Nationally and fclcmne League and Covenant. And all this was afterward , when the King attained the age of z i years compleat, ina full and free Parliament, ratified concluded, and enafted by King and all the Eftates of Parliament: where- by as NafhtaU, Pag. yi. well obferveth. the fame did pafle into a perpetual law , and became one of the principal fundamental lavves of the conftiturion of our Kingdome , whereupon all the rights and privileges, either ot King or People, arepvinci- pally bottomed and iecured. Thefe things, as to matter of faft, cannot be cienyed. Fourtlj* Cleared and ftated. ^ Uwtthly. Whatever was done of late, by King or Parliament* or enacted, and concluded contrary to thefe covenants, vowes and engagements , was ( as unlawful ? fo ) a real and formal fubverfion of the fundamental conftitution of our Chriftian and reformed Kingdome ; This none will deny who knoweth the true nature of thefe covenants , and the real intereftthcy had, and yet have dejure, in our conftitution, before this late revolution, as was now expreffed. Fiftly. Notwithftanding of all that hath been done by King and Parliament, of late, in refcinding, abjuring, andloofeing ot the obligation of thefe National bonds , and divine co- venants , yet they remaine Covenants , and National tyes per- petually obligeing, before God, the King, Nobles, & People of all rankes; and will do , fo long as Scotland is Scotland. This is abundantly made out, by the s4pehg$(i \ and is a fixed and ever- laftingly confirmed truth, in the hearts of all who fear God > and looke for his appearing as a fwift witneff againft all fuch as fwearefalfly. Stxtly. That nothing was allaiged or allaigeable, againft thofe perfones in Gallovay , and places adjacent, as ground , or caufe, or occafion of all that extremitie and rigour of iniquity , that was exercifed againft them, but their fimple non-obedience to theactenjoyning conformitieand obedience to theEcclefufti- calauthoritietheneftablished, which was diametrically op - pofiteunto their vow and promife, in their folemne and Na- tional covenants. So that really, upon the matter , their fuf- fering was meerly becaufe of their confcience making, and faithful endeavouring to adhere, through the grace of their God , unto their covenants and engagements folemnely fworne and taken. Seventhly. It will be eafily granted by all rational perfons, That in all Kingdomes and Common wealths,a free people not reda&ed unto a ftate of bale bondage and flavery , should be ruled and governed civilIy,accordmg to the civil and municipal of theland , and not by military force and cruelty. Ty- rants ufe to lay afide the wholefome and eftablished lawesof theland, and to rule in an arbitrary manner, by the cruel and mercy lefle fword;becaule they neither intendjnor feek the good A 3 of 6 The Queftion Cap. I. of their fob je&s -, But only their ownc ambition and bafe ends; But Magiftrats who ought to feek the good of the common- wealth and preferre it to their ownc particular ends, will have refpeft to the lawes , and accordingly rule their fubje&s, and not by an arbitrary cruelty, and force ofarmes, which are ufed againft enemies. Esghtly. The very law enjoyning this conformity, prefcribeth I the way how the fame shall be put to due execution,viz. [That „forthis end theCouncil shall call before them all fuch perfons, „ as after admonition of the Minifter, in piefenceof twofuf- „ficient wiineflTes, and by himfoattefted, shall be given up to » the Council as tranfgreffours of this ad -- and the lame after ?, hearing of partyes, being duely found, to decerne & inflift the • ?, cenfures and penalties] And although the very law it 1 elf be fo iniquous and intolerable, as would undoubtedly bring fudden mine, to all fuch as would not obey the fame, and that in a very short time ; yet if this legal manner of procedour , had been followed, the execution , (though cruel, and fufficiently barbarous , the penalty having no futeable correfpondence with , nor proportion unto , the fuppofed tranfgrellion \ for , can any think that a perfons abfenting himfeli twice or thrice from his owne parish Church , can be a tranfgrellion of fuch a high nature, as no penalty lefle then the fourth pairt of his Eftate, can compenfate ? ) had not feemed fo arbitrary or tyrannical j but when fuch a grievous law, is more gi ievoufly executed , and that arbitrarilytand illegally ? is not this a very intolerable oppref Hon ? A^/^Mtisnotourly knownc and unqueftionably clear, and alas too 'too wel demonftrated by black, Tragical andinde lible characters of ruine, extirpation, and beggery of many honeft families , yea , and of landed and fufficiently provid* cd Gentlemen and others, fo that none will , or can , (if he hath not refblved to beleeve neither what he feeth > nor what he heareth ) deny it : That Sr lames Turret , and his fouldiers , under pretence of executeing this law , ufed fuch inhumane crueltyes, favage barbarities , unparallelable exorbitancies, by illegal amercements, fincings, quarterings, pluaderings, beatings, dragging to prifon^S; wounding, binding Cleared and dated. 7 binding men like beafts, chafeing them to moors and moun- taines, laying waite their lands, houfes , and habitations , devouring what they could with horfe, dogs, & men, burning filenishing. utenfils and other neceiTaries m houfes , and thus aying whole parishes and almoft countreyfides wafteandde- folate, and that without refpect had to confcience humane, lee beChnftian, to law divine, civil, or municipal grievous or not grievous , yea without refpeel had to peribnes guilty or not guilty^for when they had confumed the Landlord,they op- prefled the Tennants though not guilty, & when they had ruin- ed the Tnenants, fel upon the Landlord, though a conformift, avowing and profelling they came to deftroy , and they would deftroy j nor having any refpe&topoor or rich, widow es or marryedperfons;old or young,yca,or to fuch as flouped forage, to fick, or bedrid creples , or to one or other ; yea and did fefTe and quarter, till perfons were forced to pay fuchfummes , as the civil judges , before whom the caufe was depending, had not determined to be juftly addebted by them. All which is fully . and particulary laid open by Naphraly, and will appeare to all who have not renunced humanity , tobemorethenleffer injuries , as the Survcyer pag. 70 is pleafed to account them » and tobemoftunjuft , though he make a queftion thereof, yea and fuch grievous and intolerable oppreftions , the hundereth part whereof (as Ar*pktaly faid well.) would make him and his complices curfe both God and their King. Ttnrhlj. To all thefe forementioned cruelties and barbarities, Headdedthis,thathewouldfurTernomantocomplainetohim of any wrong they had fuffered by the brutish and barbarous fouldiery, nay nor fupplicatefor relief, and if they did, their caufe was helped by doubling their miferies , yea , and which might exceed all beleef (if its notoriety were not undenyable) forced them, after all thefe horrid, cireadful, inhumane, and brutish outrages and opprefTions, to fubferibe an acknow- ledgment , That hebddmfedthtm ctv$ttyandd>fcictlj-y anUhere by neceflitated them to deny what was as notcure as the fun at noonday , and their very common fenfe and feelings , and alfo to prejudge themfelves of all hope or poflibility of getting rc- 'dreflebylaw. A 4 llcvcntlly. 8 The Quemon Lap. I. Eltvemhly Though' this forementioned acknowledgemen: had neither been asked nor granted, yet their condition was irremediable: for neither they, nor any in the land > migh: Supplicat King or Councel , either for relaxation of the rigc- roufnefle of the lawes, or for a more civil, moderate, yea or 10c a ftrick and legal execution of the iniquous and grievous lawes made , under the paine of treafon and lefe Majejiy. Though it was an old received maxime , and is to this day , where ty- ranny is not avowedly exercifed, that cmvis Ucet fupp!uare($ frotejtart.: yet the late Parliament concluded , contrary to the law of nature and nations , That petitions were feditious and treafonable. So that how arbitrarily foever King or Parlia- ment , yea or Council, or any deputed by them , did rage, or should opprelTe & injure the Subjefts ,■ whether in confcience, body or goods, there was no remedy, nor hope of redrelTe, no petition or fupplicationhovv humble foever,might be once pre- fented by the grieved fubje&s: yea nor durft they meet together to poure out their complaint unto the God of heaven, the hea- rer of prayers, & the righteous judge of heaven & earth. What height of oppreilion & tyranny this is,Let all the world judge. y-i?eke?kly. It is uncertaine , yea much doubted, if Sr lames Turner , that Angular inftrument of barbarous cruelty, had any commiifionfrom King or Council, impovvering him tofuch illegal exorbitancies ( whatever he might have had, under hand, from fome Members of Council who had moft fold themfelves to cruelty , and to the utter extirpation of all who would not run with them, to thefameexceiTeof riot)fureifany fuch thing be , the records will manifeft it ; but fince they cashired him and fome of his alTociats , and made an offer of caufeing him anfvvereforwhathehad done, it is very probable, he had no formal commilEon for what he did; and yet fince he and others are permitted to live, after fuch crueltyes, barbarities , and un heard- of wickednelTes , and no reparation made to the per- fones injured, it iscertaneheis but too well approved in all he did, and of what ufe this shall be, will appeare afterward. ihtrteenthly. The jntent and defigne of thofe poor people who rofe inarmes , was not to dethrone the King , to enjure him, or to leflenhisjuft and legal authorities but to refcfi, repel* and Cleared and ftated. 9 and defend themfelves from, unjuft violence and oppreffion ; and to leek reparations of the wrongs done them j and the re- moval of that deteftable and abjured Hierarchy , the establish- ing and upholding of which, as it was, & is a great provocation ot the anger of God againftthe land, fo it was the fountaine and rife of all thefe horrid oppreiiions which they fuffered > . and of the making of iuch grievous ftatutes , and eftablishing iniquitie into a law , and was to be a lafting caufe and occafion of violent, unjuft and illegal oppreilions, and intolerable vexa- tions to all the faithful of the land j and withal, to havefecunty for their lives, lands, libertyes, confciences,and Religion, con- forme to the agreement made with his Majefty > and the Na- tional Covenant, and the Solemne league and covenant, which he folemnelyi wore once and againe, and vowed and promifed to defend and profecute, in all their ends: and that for this end, all fuch lawes made for prelacy, and againft the work of God and the reformation, which through Gods bleifing we had at- tained to, might be repealed > annulled and refcinded. This and nothing elfe could be the intent and defigne of thefe valient though naked worthves. That they intended no harme to the King, or to his juft & lawful government & authority , is no- toureby the laft fpeaches & teftimonies of fuch as were appre- hended & publickly executed ; & the petition Which they lent in to the Council with WtlUam Lau&ry Tutor of BLiJ^vood doth aboundantly teftify that they would have had the free exercifo of their covenantedReligion &freedom from the domencering tyranny of Prelats&their adherents -^their renewing of the Lea- gue &Covenant doth fufticiently cleare that they intended no infurreition or rebellion againft the Kings juft and lawful au- thority ; for they i wore to defend the Kings Majeftyes perfon and authority , in the prefervation and defence of the True Religion , and libertyes of the Kingdoms. From thefe confiderations, we shall now lay downe the true ftateofthequeftion, thus. ,,Whetheror not, when the wfac le body of a land, Magiftrats 55 higher and lower, and People, are engaged by iolemue j> vowes, made to the moft high God , joyntly& feverally to » promove a reformation, and to extirpat Prelats , & the fame A J ,, coven lo TheQueflioti Cap. L i, covenanted work is becom a chief corne ftone of the conftita 5,tioa of the Kingdom , and one of the mane conditions , on » which the King is inftalled on his throne -y and when theie 3, fame Magiftrats Mipreme and inferiour, renunce their cove- 3, nant with God, and with the People , overturne the work of >, reformation formerly fworneto, make lavves and ftatutesto 33 fortify this defeftion , & to compel all their fubje&s to run 3, to the fame excefle of perjury and wickednefle , and execute 3,thefe lawesupon the faithful & ftedfaftly loyal fubje&s, not 3, in a civil orderly manner , but moft imperioufly and tyranni- 3jcally, with meer force & cruelty, and the edge of thefword 33 of fouldiers , leavied of purpofe for this very end, tocrush 33 and opprefle all fuch as made any confcience of their vowes 33 and engagements unto God ; and when thefe barbarous 3? fouldiers exceed their commiflion , or opprefle, plunder, ha- s, rash , fpoile, rob and pillage the people, and lay wafte the 3, land, without law or exprefle order from King or Parlia- 3>ment 3 yea contraire to the exprefle letter of the law; and a? when the opprefled have not fo much as liberty to fupplicate >3 or petition for help orreleefe; may privatperfons without 3 j the conduft of a Parliament , ftand to their owne defence, a- 33gainft unjuft & illegal oppreflion and tyranny, andoppofe 3,fuchas3 without exprefle commidion, endeavour their utter 33 mine and deftru&ion , though pretending warrant from the ,3fuperiour Magiftrats 3 and allowed of them ; and feek a D3redrefle of thele grievous & intolerable injuries, and liberty 33 for the free exercife of the covenanted reformed religion, 3, with the extirpation of abjured Prelats, the fpring and foun- 33tane of all thefe miferics already come, and to be feared, 3, while in the mean time they intend no harme to the fupream 3, Magiftrat's perfon or juft authority, but fweare to mantaine 3, the fame, in the defence of the true religion , and liberties of 33 the Kingdome ? Or a if you will have it shorter. „ Whether or not, when King ar.d Parliament and Council 3, have abjured a covenant, &'overturned a reformation, which 3, they folemnely fwore to defend, in their places & capacities, 3, and made their fubjefts do the fame, and now with illegal 9) force, compel the fub/e&s to the i'ke perjury and wicked- .,nefle Cleared and ftatecl H 3>ne(Te, maythcfe privat fubje&s, when there is no hope or „ poilibility oiherwife of releefe, Hand to their owne derencc, 3, and withftand the mercylefle cruelty of their bloody Kmifla^- 3)ricsafting without their commiHion,or with their allowance, ?, yet contrare to expreffe law ; and feek releef, and lecurity for 3: Religion, lives, lands and liberties, having no intention, to 3, wronge the King's perfon or juft government i That this is the true (late of tne queftion, is abundantly cleare from the particulars forementioned , and I think na Scottish man , who knew the then ftate of affaires , ana hath not renunced common fenfe, and refolved to beleeve nothing (though heshould both heare it, fee it, andfeeleit, anditwerc' as notoure as the light when the Sun shineth ) whichisforthe vindication of thele poor people , will with any face, or shew of reafon, be able to deny this to be the true ftate or affaires, 8c of the prefent queftion. Hence we fee, how the Surveyor fophiftically & fraudulent- ly prefents the ftate (which he may well call the great fyce, as being no way loofed and laid open by him. as it ought to have been j of the queftion Pag. i p. when he fayes [„ Whether meer 3> privat perfons, one or moe, feparatly or joyntly, when they 3>are, or think themfclves unjuftly afflicted, and extremly inju- riously handled , by the Magiftrate or Supreme power pro- ?> cecding according to lawes aggreed to, betwixt himfelf and )? the body of the community f Whether or not (upon fup- 3>-pofition that thefe lawes are not juft and right ) may private >>perfons defend themfelves, againft the violence of the Magi- » urate thus proceeding , even by violent re-offending ; yea, >3 in order to their owne defence , cut off the Prince or Magi- >,ftrat whatfoeyer , or their Minifters and officers {landing in >) their way, or when they are punishing them andafHifting ti them according to law?] &againe Pag. 21. he fayes [The »true ftate of the queftion at this time is, when the corruption wof thefe who are in power leads them to abufe their authority, j, either in making unjuft lawes, or punishing according to » thefe. whether meer private fubjecls should with violence >, oppofe all Magiftrats , under whom they are , from the n higheft to the Iqwcft , together with the plurality of the bo- „dy iz The Queftion Cap. I 3>dy of chat community whereof they are members, yeaanc 55 in their ovvne defence, deftroy them all (if they be in proba- 35 ble capacity for fuch work , and if they cannot efchew this 55 and preferve themfelves) yea farther? after thev have fubduei 35 (providence fo permitting or ordering ) all the magiftrati 35 cal power3 and major part of the people 5 they may ufea vin 33dicative, avenging and punishing power upon ail? .beinj 55*only perfons of privat capacity ) and to be fure he repeats 3 j the fame over againe Pag. 14. and fayes Pag. 26. [That th( 33 way which we clearly ovvne is , That every privat perfor 33 (when & fo long as they are able , or are in probable capacity >3 to aire violently againft the Magift ate ) ought to coun-§ 35 ter act him violently , when he thinks the Magiftratt 53 wrongs him, ( forthismuftbe referred to every mans pri 33 vat difcretive judgment) and more to this purpofe there, anc 33 againe pag.ij* he tells us [The queftion is what duty is owec ,3 by the fubjeft Unto the Magiftrate (^efpecially the Supreme 53for may there be remedies had againft the injuries of the infe1 35riour by appellation; In cafe of his mal-adminiftrationv 33 & unjuft lavves and fentences according to thefelawes , oi ,3 executions according to fentence; whether they mayvio 33 late or violent the perfon inverted with authority, andnoi ofubmit unto him , but counter-aft him by force in felf de 33 fence againft his violence. Or if they be bound in confer 33ence, or by any law of God, to fubmit humbly to whai 33 he inflicts (although unjuftly) if they can neither move hirr ,7 by their humble petitions, nor can flee from his wrath 5 01 9y goe out of his dominions ] and then addeth- That the 55 author of Naphtaly and his complices [Maintaine 3 That ii 35 the Magiftratabufehis power in making unjuft lavves, oil „ punishing according to thefe, any private man , or company! „ of men , that think themfelves ftrong enough for the Magi- 3, ftrate ought never to fuffer, but ufeforciblerefiftence againfl 3, the Magiftrate abufeing his power: &that ai the patience thai „ is required of Chriftians toward oppreiling Magiftrats , i; 3, only to beare fuffering patiently 3 when they are out of capi 93 city of afting, and may not better do, and to fuffer pati i, ently yvhen they fee they cannot reprefle the violence o: „th< Cleared and ftated. i y the unjuftly - dealing Magiftrate with a iufficient contrary violence.] That it may appeare1 ( though none who underftandeth ic controverfy, & readeth what heallaigeth, is the ftate of the [ueftion , can readily be ignorant of his deceit , but may eafily •erceive his fubdolous fophiftication ) how far he hath mis- eprefented the bufinefle , let thefe few particulars be pon- lered. i. 1 1 is one thing, to fay that private perfons. may rife and ake the fvvord of defence in their hand , and refill their Ma- giftrats , upon the ground offuppofed wrongs, or when they chink in their privat judgments of difcretion , that the Magiftrat injureth them : It is another thing to fay , This /vay of defence may be ufed when the injuries are real, and [lotfuppofed, or judged fo by their private and erring judge- ment of difcretion only, • He cannot have the fore-head to fay that we maintaine the former ; nor can he with any colour afhalfareafoninferre, that fuch as maintaine this laft, do con* fequentially maintaine the former,as men of underftanding will safiely perceive , and shall be more fully fpoken to afterward in due place. Yea fuppofe that fuch a confequence could be drawne , it were not faire , but utterly difingenuous , and un-becomeing a faire difputant , to bringaconfequent which he wire-draweth from his adversaries pofition or aflertion, into the ftate of the queftion, and make the world beleeve , that his adverfary doth, pofitively, clearly &: avowedly aflat, what indeed he doth not affirme, nay nor granteth to follow from what he holdeth. 2. It is one thing, to fpeakofrefiftencemadetolawcsini- jquoufly made > and yet but tending to the hurt of fome private perfons in fmaller matters : it is a far other thing, to (peak of refiftance made to lawes, whereby the eftablished religion, and jthe fundamcntall rights, and balls of theconftitutionof the (real me is overturned; and fo not only mens goods , or fmaller J matters , but their liberties , religion , confeiene | and every thing that is dear unto them, is in inevitable hazard: ic mere an impudent calumny to fay that we maintaine the former. 3. It 14 The Queltion Cap. j. It is one thing, to lay that any private perfon alone, anc feyeraliy, may refill, and repel unjuft violence offered byth< 3Vlagiftrats or the land : and another thing, to fay, thataconfi- 4 derable company , joy ning together , upon juft grounds, maj endeavour their ovvne tairty. Though the lavvesofourlanc will iuffer a privat fubjeft to hinder any , in the Kings name, tc poffeffe themfelves of his heritage,or of any tiling he pofleffeth; till the queftion be difcufled by the civil judges ; yet weftatci not our difput concerning what a private fingle perfon may do, in cafe of oppreilion. 4. It is one thing, to fpeak of unjuft lavves in the general \ and another thing, to fpeak of unjuft lawes made by Magiftrats i preingadged by folemne vowes and Covenants never to make it iuch lavves, and who have given the people allthefecuritj c imaginable, that they should never be troubled with iuch ini quous lawes : This lali is our cafe. . 5. It is one thing , to fpeak of lawes f though iniquous anc grievous, yet) executed legally , civily, by way of formal legal procedure. But it is another thing , to fpeak of lawes J inthemfelves grievous and iniquous , yet executed inanun-i formal, illegal, arbitrary, tumultuous, cruel and bloody wayi by armed, mercylefle and bloody fouldiers , which looketh rather like the execution of a bloody aft, for maflacreing, then of a law made for the good of the Commonwealth. This laft toucheth our cafe> as was showed. 6 It is one thing, to fpeak of refitting and offering violence to the very perfon of the Magiftrate: and another thing, to r: fpeak of refilling his bloody Emiflaries. 7. So it is one thing to fpeak of refilling his bloodvEmif faries cloathed with a commiifion to exaft the penalty impofed; bylaw : But it is adiftin&thing, toipeak of refiftinghi^ bloody Emiflaries , exorbitantly exacting what they pleafe without any regaird had to the ftanding unrepeledlaw, though fuificiently grievous- 8. It is one thing, to fpeak of what privat perfons may? 01 ought to do when injured & opprefled, & there is fomedooi open to get themfelves eafed or thefe oppreifions > by conv pLineing, or appealing to the fuperior Magiftrats^ or by fimi P1 r Cleared and ftated. i $ pie petition and fupplications. But it is a far other thing, to [peak 01 what a People may do,when all door of hope is doled, and whenfimple fupplicating would make themlyable to the crimeot kfi M^jcfiy 3 which was their cafe. 9. It is one thing, to fpeak of what a company of private perfons may do > in their owne particular cafe , without the concurrence of the reft of the community, who arc not con- cerned in their cafe , nor particularly engaged to help and con- curre with them, in that particular : and another thing , to fpeak ofwhatprivat perfons , 'though the minor part of a cominu- nity , may do, in a cafe which concerneth not themfelves alone, but is common to all, though it mav be, theyfuffer moftoftheheatof perfecution , upon theaccount of that com- mon caufe, and in a cafe, wherein all the whole community is bound and obliged to other , to ftand to , and nr.intaine one another , in the defence of that common caufe, and that by folemne bonds, vowes and Covenants- Is'owthis was their cafe. 10. It is one thing, to fay that the minor pairt of a commu- nity may rife in armes, againft ail the Magiftrats, andfeekto exauctorate them , and overturne their power ; and againft all the reft of the body%jgpd prehe them to be of their rainde: and another thing, to uy they may take annes in their owne felf defence, when tyrannically opprefled for adhering to that Cove- nant and caufe, which the whole body of the land was engadg- ed to maintaine, with lives and fortunes, no leife then they , without any intention to wronge the Magiftrat s Juft power and authority , or to do the leaft injury to any of the commu- nity , who would not carry in a hoftile manner towards them : Now fuch was the cafe and carriage of that poor people. 1 1. It is one thing, to fay that private perfons when injured bvuniuftlawes, and when able to relift and oppofe the Magi - ftrate, may never iubmite unto undue penaltyes, ( which he falfly fatherethonA.^/;/j/j.) But it is a far other thing, to fay that in fome cafes htciZnu.c privat perfons may rellit theun- iuft and illegal force of Magiftrats, or, that it is falfe, to fay dbuc in n9 $k uaaiiuuble>priYatc perfgns may refill unjuft vio- lence i6 lhe Queltion Cap. I. lence offered to them by Magiftrats. Or > which is all one3f that in every cafe whatfomever , it is the duty of privat per- i fons , to fubmit unto the moll iniquous , illegal , and tyran- V nical impofitions , pcnaltyes , and exactions ; or unto ty- d rannical and unjuft laWes. Now this is the true ftate of the tl queltion mthcfi, and if this be granted , we feck no more, as to li thar , being perfuaded the hyporheft will follow clearly from i the thefts andhingonit, without many knots of arguments to * fallen it. 1 2. It is one thing, to fay that private perfons may call their k fuperiour Magiftrats , when making defection , to an account, i judicially procefle them , and formally give out fentenceag- ^ ainft them , which he injurioufly allaigeth upon Naphtaly , as I any, who will impartially confult the places by him cited : i will finde. But it is a far other thing, to fay that private per- f fonsinfome cafes in way of defence and maintenance of the re- 1 formed Religion , may ftand to its vindication a and this is all I the vindicative power which Kathtdt.y P<*g- 18, 19. f thetf places which he citeth ) fpeaketh of, as incumbent to private jp perfons. From thefe things it is apparent , to any of an ordinary R reach, in thofe matters, how far thafcwhich he makeththet knot of the queltion, is from the true, paine, full and reall ftate I of the bufinefTe now controverted , which we have laid I dovvne. And what unfaire dealing we way expeft , thorovv fc the reft of his pamphlet, any may judge by what we here finde; i in the very ftateing of the controverfy. But he will fay, that the Author otNaphtait (whom he ignorantly, tearmeth the libeller but in truth > the honeft vindicator of the innocency of the fuf- I fering people of God ) hath fo ftated it , in his book. It is ^ true, this Surueyer fayeth fo Pag. n. But why did not he dire& f his reader u nto the page where fuch a ftate of the queltion was | tobe founds I appeale to any whoever read that book , to judge, whether this man fpeaks truth or not. Ay butyoii vvilfay, He hath cited /^. 13, £2 14. Naphuliet very words; £; and hath cited the pages where thefe are to be found, out of I which words, the State of the controverfy as by him propofed * may bedrawne, I Anfwer It is one thing to draw conclufions *i O) Cleared and ftated. 17 jt confequences from the words of an adverfary while he is profecuting his arguments, andoutoftheferaifea ftateof l controverfy ; and another thing > to fay that his adverfary iorh fo ftate the controverfy , while as he fpeaks no fuch :hing: now both thefe are foloecifmes, the one in morality, the other in W3y of difputing : and of both he is guilty , rirft it is an un truth , to fay that Saphtalt doth fo ftate the queftion isheallaigethhedoth; and it is no better , to fay that Naph- bdt dorhlo ftate the queftion bec2ufehere and there in his 30ok:he hath feme expreflions that fecin to look there away: Agame, it is an abfurd way of difputing, and intolerable , to draw the ftateof a queftion out of a mans expreilions here £ there uttered in theprofecution or his arguments; Whereas :heftace of the controverfy is that which all his arguments >rove& conclude. But what if al thefe expreilions which he nth raked together out of Napktdy , will not bot tome his a£ ertions, or the ftate of the queftion as he propofeth it ? fure fyery one muft take him, for a meer wrangler, & an impudent tnordmus in the matter of handleing a controvert', if it be fo. knd whether it be fo or orherwayes let us now try. Thd vordsheciteth firft , are out of Pa?.)*>. w£. thefe (which I hall not curtaile as he dQth , but fet downe fully , ) And it '.'til alfo Appear that the nece/Jity $f convocations and combinations though not only without , but even again f} authority , jet bang m rdcrto fuel: ncceffary And jusl ends ) did ftijftciently warrand third efore God and all men , from the ireach of any law of acl then ft and- ng again y? the fame > wherewith they might have been charged.] iut what can he hence inferre ? Will he ituei hat the Author of Naphtaly , either feyeth or thinketh . 7hat any part of the people, ( though no Magiftrate be mongft them ) may take armes againft all Magfftrats , and iolently refift them , when they think their lawes cither un~ aft , or the punishment executed unjuft, ( ashefayeth lie oth. ibid. Pa*. 13. ) By what medium will he couple the otecedent and confequent together i May not a man dif- llow that any part of the people, though they had all the vlagiftrats with them , except the Supreame, may take up jrmes againft ch: SuprcaiiK » and violently refill him , v. I B fo. i8 The Queftion Cap. I. foever they think that the lawesare unjuft , or the punish- ment executed unjuft (as I verily think the Author of Naph- tdly will) and yet fay, That when ftrong and inevitable ne- ceility urgeth, in order to neceflary and juft ends , people may have their owne convocations , even againft authority, and de jure be guilty of the breach of no Handing law againft the fame , feiog all know that falus popuit efl fuprema lex , and that no law or act, when the ftrikobfervation thereof, tend- eth to the detriment of the Republick , { for the good of which, all lav ves are made,) is of force. The next paflage he citeth is out of Pag. 14. where Naphtaly hath thefe words : [ That the right and privilege of felf defence , is not only founded in , iut is the very fir ft tnftncl of pure nature , and ffrmg of all wot ton andaclicn. 1. That it was competent to , and exercifed by > every tndividual , before that cither foctety or government were known • 3 . That it was fo far from being funendred and fuppreffed ley the erecl- tng of thefe , that it was and is the great end , and motive , for which all voluntary fecietyes and poltcyes were introduced , and are continued. 4. That tt is a principal ( and not the principal as he mifctteth tt ) rule of rigkteoufnejje , whereunto that great command tflove to our neighbour , by the law of God , and by the L ord himfelf isrefolved, and whereby it is interpreted.'] And then addeth, [ So it doth infallibly fellow , that the fame right and privilege , is yet competent to all men whether feparatly or joyntly, and needeth no other pre-uquifte , but that of intolerable injury { which for a man tofuffer tinder pretence of the good of the Commonwealth , would be , for the delujion of an empty name, only for the lufl of others , really to de- prive himfelf of hs whole share (3 inter efl therein ) and is compleatea for exerctfe by fuch a probable capacity , as may encourage the afferten thereof, to undertake it.] Thus I have fet down his words truely and wholly, and I would faine know what is there here, that will ground theforefaid*fcr/&? Muftamanthai fayeth thus , neceflarily fay, That it is lawful for|privat fub~p jefts to take armes againft their Magiftrats ( when they ar even as he hath minced them , and thrawoe them io that they look with another face, then their ov\ne, That, B a Naphtaly ao The Queuion Kapbtaly aiu'rtah 5 That private perfons may 5 when they think or imagine , in their privat judgment, that theMagi- ftrats and the reft of the land are in a defe&ion, arife in armes againft them, vindicate Religion , judge and condemne fuch as'are guilty j and fo ufeimperata&s of reformation by vindication. Sure thefe words in Naphtaly , [Of necejjity loth f torn tie principles deduced , and from the mo ft vtfhle judg- merits cf Cod arte able tkreto , there muftbe a fupencur and ante- cedent obis gat ion 5 to that of fuhmtfron , incumbent upon all , both joyntly (3 feparady , fsr the maintasnance , vindication , and reformation ificligton+m or dtr to the promoting *f theft great ends of [the pubb\ froj '•fflon of truth , ahd true worshipe , witch the Lord doth tndifenfably require] to fober 3 judicious , intelligent, and impartial readers > will have a far other import. So, what can he inferre from that which kapltaU faid Pag. 28. viz . [That none pleadeth for absolute fulmtjjicntn the people , ar.d txemftLn mthepnr.ee ? but fuch as have predated their confetences to the Princes arb. name: J , in a blind e and abfolute obedience ] and that [fetng fuhjeclion is principally enjoy ned , for , and in order to cbedience , -a hat fever reafon or authority can be adduced to per fwad an abjtlute ar.d tndtfperftblc fub^eclion , will far more rationally and flaufbly inferre an tilimited and abfolute cbedience ] Can he , with any colour of fenfe or reafon , inferre that he maintaineth that fafftve fubjeclion to unjust laves and punish mer.t s , where there ts power to ma\e acl>ve violent ft ffer.ee , // agieater fntVcn afttve cbedience to unlawful cor/.mamis of ' Magifrats ? Is this a fair e tvayofdifputing, to fay that one maketh that the ftate of the quefticn, which he draweth from theafiertionofhisadver- ry? Kapltaly allaigeth that abfolute fubjec~tion is as repug- nant to reafon, as abfolute obedience; doth he therefore make this the ftate of the queflion, (or give ground for it3) That abfolute fubje&ion is more flnful theh abfolute obe-i diencer Againe, what can he draw out of thefe words ofNaph- taly Pag. 1 5 7. [Secondly it ts answered That rtfeing up agat?? ft au- thority it f If, the ordinance cfCod , and dif obeying the peve rs t\ ere- With vefed , funding and acltng in their rigl.t line of fuiordi nation . is indeed rebellion , a? d as the fin of witchcraft ; but torefD andrifi up ttgatnft per fens abufetng facud authority , and rcbelitng again fi God< Cleared and fhted. 21 Cod theSitpreame, is rather to adhere to Cody as our Liege Lord, and to vindicate both cur felves and his abused ordinance form mans vicJ(- edneffe and tyranny] Can he hence mferre that Naphtaiy judgeth it no rebellion , forprivatfubjects, todifobey PowerSoft- ing in a right fubordination, when they in their judgements of difcretion, judge that they deviatfrom that line of fub- ordination i Sure he mult have fome needle head that can fowethefetwo together. Thefeare the particulars whereupon this Snraeyerthinkcth tobottpme his falfely-ftatedqueftion , and by this we may judge [utcxungHeieomm) what faith he is worthy of, whfn he iayethimmediatly thereafter lag. 14. [But what needs infilling on his juftifying of any number of private perfons rifeingup and refilling the whole Magiftrates, & tiodyof the people, when ever they think they havecaule \ Seing this is the maine fcope of his book , and more too . even to ftate them in a punitive powerof all who are againftthcltJ , and a power to pull downc all authorities, that are in their way. ] Alas ! poor foul , fuch impudent untruthes , not much ftrengthen his caufe, in the judgment of fuch as iiciousj and many will think that fuch way of dealing declares him to be unworthy of his wages: for, may not all who read that book , fee a cleare other fcope there intended then what he here fancyeth; and know that from no fen- tence in all that book , can fuch conclnhons be drawne , as he here fayethis the maine fcope of it. O ! but he muft be audacious and affronted , to fay that tie author o£ Kafitaly {not only makes ap-cdamattjK to all ?necr Private ft r{ones [n:t hav- ing avy Niblet and Magiflrdtsamvrgft them ) to m.t^e twfnm again-] all Magtjlrats from the highest to :lxe laaxfl , and a gat .(I the plurality of 'the Pes fie ifthcytktnl^ them (elves tn n "'y>) -, fo j but gtveth to them a liberty to full all Afsyf;rates cut $f their feats 3 to mflal themfelv.s, aid 1 as he f lyes) have fit f anted i ,:cf~\ as he doth Pag 1 1 . What wil not fu adventure to avcirc , with the greatdl continence i L\:: fuch as are wife will no: belec -lias hive made shipwrakof faith and of a good coj ii 3 lUYC %% Our arguments from Cap. II. have poffcffed themfelves of a debauched confcience5have the impudency toaffirme without blushing. Cap. II. ThreeArguments propofed,taken i .from the Conceflions of Adverfaryes- z The refiftence of Parliaments: x. The Light & Law of Nature. HAving thus cleared the true ftate of the queftion , we shall now fall about the confirming of the affirmative ; and lo take occafion to examine what this Surveyor fayeth , as he cometh in our way: and though there should not be great neceffitie to continue om hypthejls , or the prefent queftion under debate, untofuch, as have not proftituted their foull unto a brutish beleef of an abfolute and indifpenfible fub- jeaion, or fubmiiiion in all cafes whatfomever, unto the lufts and rage of men abufeing their power and places? and overturning that good order which uod only wife eftabish- ed in his love and favour, for the good ofmankinde; yet becaufc this feemeth to be an age, wherein the fpirits of many orfunkbelow that of beafts j andmenofnoconfciences, or, I atbeft, debauched confciences , have willingly furrendered their privilege as men, and afliimed the (lavish difpofition of bond-men , that for their ovvne bafe ends^ a little mafe of pottage , they may gratify fuch as are nothing lefle , then what they ought to be; it will beneceffarytofpeakalittle more to it. Our firft argument then shall be taken from the concef- fionsof adverfaries, and from what this fame Surveyor, feem- e^i {if not exprefly anddireftly to grant , yet ) not to deny or condemne altogether. BarcUrms centra Monarchm : lib. i . c 8 . granteth to the people liberty to defend themielves from injury j and to refill: euavdo tmmamffvitia fer****r andW.4. c i6. he doth fully andplainely acknowledge [That the King falleth from the right to hisKingdomes,&that the people may notonly refia hirn;& refill? obedience untg hi«i,but may alio remove I Conceffions o£Adverfaries. * 23 remove him from theathrone, if without the fubiech confenr. he should fubje&e the Kingdome to another, or be transported with an hoftile minde againft the Commonwealth. [Docl.ferne alfo acknowledgeth [ That perfonal defence is lawful, againft the fuddaine and illegal aflaults, of the King's meffengers, yea of the Prince himfelf, thus farre, to ward his blowes , to hold his hands ; fo when the aftault is inevitable ] and elfe where he grants it lawful [ to refift the Kjng* scut -throats.'] So Arm fas de author : prinnp. Cap. t. n. 10. granteth it lawful to private perfons , to refift the King, when he að extraju- dicially. And Cretins dejur. beL& pac.ltb. i.c.+.n.y. feemeth .to fay that the law of non-refiftence dothmot oblige.in certane &extreame danger,feing fome divine la wes3though generally propofed , have this tacitc exception of extreame neceifity; and giveth this for a ground. That the law of non-reft fence feemeth to have flowed from them , who fir ft combined together tut o dfociety, and from whom fuch as dtd command , did derive their power : now if it had been asked of fuch 5 Whether they would choofe to die , rather then in any cafe to refift the Super 'tours with armes , / know not ( fayeth he ) if they WciAd have yeelded thereunto , un- lefje with this addition j if they could not he refitted, but with the great 'eft perturbation of the Commonwealth , and dtftruclton of many in- nocents . And a little thereafter He hath thefe words [Atta- men tndifriminattm damnarey Aut singulos , Aut partem mi - KOiiiM , qu/t ultimo neceffitatis prrfdto fie utatur , ut interim , ($ communis boni refpeclum non defer at , zix a;fim] It is true, Ifl the end of that Se&ion, he feemeth to fay that nothing is now left to chriftians , but flight, yet§ 10.& 11. healientethto Bar clams his concelTions. Let us next fee what oar Swrvijtf feemeth to yeeld Pag. 13. 2.4. [ whatever majhefttd (fayeth he) of moral or legal feif defence* againft tbe Souveratgne: by way of petition , or plea in curt, fir fiifij of a mans Perfcn or Eftite \ dnd whatever may be fit d of warding off, and defnfively fitting bachj perfonal injurious a/faults , to the mantfeft and immedtat peril (flffe ; without any colour of deftrvivgy of reafc* , of law > or judical pro- ceedin? ; or of aw imans violent refift mg attempts , ajatnft t'ehon- cur of her ch.tftity ( dearer to her then life ) and tending tjinfuare bit alfo & fin 3 againft Coi {whereof her non-reffttnee md^film 15 4 form- $4 Our Arguments from Cap. IT. formally guilty ) and whatever may be done in the cafe §f mop ha-r *• btted , notour e and compleat tyranny , agatnft all appearance cf law , maniftftly tending to the deftruclion of the body of a people, or gre- ater part thereof ', by ho ft tie fur sons acltons , or tn the cafe of violent attempts , or depruclion of all knowne legal libertyes , and the beetng ofReltgtM) according to law \ or in the cafe cf vendition , altenar* tion of7 and giving a whole Kjngdome to fcrra/gsers > or ftt -anger < , or fomefuch like j whatever 1 fay in fuch horrid cafes [which for mosl part can?ict btfal a prince , in his natural and right wits , (a cafe wherein provijion may be made , that he hurt not himfelf , n:f his dominions ) may be dene , c ernes not at ail wtthm the compare of our aueftion ; although mosl dtfngenuoufly , the difcontented and feditsous, do ftrive on all occafons , to aggravate matters fo , that the cafe concerning them, mayfecm co- incident with thefe , or the li^ey that fd they may jxftify their violence against the powers .] But howbeit this Surveyer think that thefe concellions make little for our advantage ; yet to underftanding perfons , it will be clear e in general. 1 . That He , and the reft of the Royal fociety of Court parafites and flatterers , fpeak moft inconfequentially unto themfelves ; They cry up in their writtings an abfolute , and indifpenfible fubje&ion , unto the Supreame Magistrate , due by all his fubjects ; and yet when they are fore pinched , they muft clap their wings clofer , And drawe in their faire failes, & grant that in fuch & fuch cafes, not only his E miffaries & fuch as have his coinmiilion,but Himfelf maybe refilled not only by the Ephort , (3 Pnmores Regm , but by very private fuhjedrs. Did we not but juft now heareour Sur- veyer crying out againft A^/W>,for laying That wfrat r eafons could prove an abfolute & indifpenfible fubjedticn, willalfo prove an abfolute & unlimited obedience, as being unwill- ing to heare any thing fpoken againft an abfo!ute& vaft fubje- Ction; and yet behold here, he is as willing as the reft, tq clip the wings of this inviolable foveraignity, & fet forth un- to us a limited Sc retrenched fubieftion due to the Supreame Magiftrate , even by private perfons. 2. That by thefe conceiiions , He and the reft cut the fioewes of their owne arguments, and caufe th^m to half ere Conceffions of Adverfac yes. 25 re they aflfaultus, and teach us away ot rejecting oranfwer- ing them ; For, when they produce their arguments? rvhether fromreafon, or authorities , they cannot but make hem conclude univerfally , and then they are neceilitated :hemfelves to anfvvere thefe univerial arguments , or Kherwife retract their conceilions ; and whatever way they think to evade with their conceilions, and fuppofed cafes, we will finde roome enough to efcape with our cafe; isforexemple, vvhenthis Surveyor urgeth that fub/cciiou fpokento, Rem* 13. He muft either grant, that it mull be reftricted to fuch and fuch cafes \ or elfe plead for an uni- verfal, abfolutc, unlimited and indifpcniiblefubje&ion, and fo retrad his conceilions; and if he take the liberty to ufe his redactions , and fo interpret the place, as that it shall not reach his cafes excepted, he muft grant us the fame li- berty, to fay that our cafe is not there meaned , or con demned. 3. By thefe conceilions vve have this advantage , that the diftinction which is made , inth«queftionof reiiftence, be- twixt the Magiftrate as fuch, and theperfoncrman, who is the Magiftrate , is not fo abfurd and ridiculous , as the Royalifts give it out to be ; for here vve finde them forced to ufe the fime, fo that if it be adefileing diftinction they can- not be clean , more then vve : and wc fee that refiftence may be uied againft the perfon of, or the man who is , the Magi- ftrate , v vithout the leaft contempt , or wrong done unto the holy Ordinance of God , othervvife they muftof neceility fay , that in all the forementioned cafes , the very Ordinance of God is refilled ;♦ and how then they shall reconcile that, with Rom. 1 j. I fee not. 4. Wefeealfo, That the Prerogative Royal, which they fcrevv up unto a tranfeendent abiblutcneiTe and fupreinacy above law , is but a meer chmxr* , which thcmfclves muft; abhominate as a loatMome brat. ?. We fee that f*lus popult eft funcnu. ks , the peoples Cufty is fuch a royal thing, that the King himielf, and all his prerogatives , yea and municipal lavves too, muftvailc the cap unto u , iheiafciYes being judges Pi 6. W* z6 Our Arguments from Cap II, 6. We fee alio, that they muft grant a court of neceflity in which private perfcfnes, may judge theSupream Magi- ftrat , in order to their refitting of him ; for, I hope , they will grant , that in thefe cafes, the people aft with judgment j andas rational men; andiffo, they muft fay, that the people muft firft judge andeondemnc the Supream Magiftrate , as erring, and doing arriifle, before they can lawfully refilt him. 7. We have this advantage , That the Arguments by which , They can prove it lawful to refill the Magiftrate > in the cafes granted by them , will not be a little Readable to us, in our cafe; and for shame they will not condemne their owne arguments , becaufe in our mouthes. 8. It will be eafily granted by all, that our cafe, which Vye have truely ftated, will come nearer the cafes, which adverfaries do except , then the cafe which he hath fett downe; and fo, However he think the cafes mentioned by him , do not come within thecompafleofthcqueftion which he hath fet dowries yet underftanding perfones vvil fee , they are not altogether without the compaffe of that which is the truequeftion, andtrueftateofthecontro- troverfy; and that he hath no juft caufe to fay, that we (however he account us difcontentedandfeditiousj do moft aifingenuofly ftrive , on all occafions , to aggravate matters, fo that the cafe concerning us , may feem co-incident with thefe or the like. But next, more particularly, Thefe conceflions are much for our advantage . For , 1 . If it be lawful for a private perfon to defend his life or eftateina moral or legal way, by petition, or plea in com t, againft the Souveraigne, (yea and by aftual force, if the So- veraigne, or any in his name, shal come to poind, or take pof- feflion illegally, as our lavves will allow , ) why shall it be unlavvfull , for a confiderable part of the land, to defend their Lives, andEftates, their Libertyes and Religion , by forcible refiftence , made unto the Magiftrafs Emiflanes, cruel, bloody fouldiers , when that moral refiftence by pe- tition , ( which yet no rational man can account refiftence , it being rather ana&oi fubje&ion) is, CQiware to 41 law and :.- Conceflions of Adverfaryes/ 27 and equity, denyed \ andalfo, the legal refiftance > by plea in court , is not admitted ? Doth the municipal law of the land permit the one refiftence , aud will not the law of nature and nations ( which no municipal law can infringe) be a fuflkient vvarandice for the other, in cafe of extream neceffity { If it be faid, The Soveraigne hath law and right upon his fide> in thiscafe, which he hath not in the other , till the law difcuffeit. stnf The Law and Right which he hath on his fide in this cafe, is butmeerly pretended, as in the other cafe ; and is /// fi& judtce Neither is he , to bs both judge and party in this cafe, more then in the other: againe, if it be faid that in this cafe^He afteth as a Soveraigne, executeing the lawes, but in the other cafe, he afteth only , as a private perfon. Itisanfwered. i.That even in the other cafe He may pretend to be afting as a Soveraigne , following & executeing the lawes, as well as in this. t. The Soveraigne as Soveraigne cannot oppreffe nor do wrong , & therefore even in this cafe , when he doth manifeft injury unto the fubjefts, contrare to his place, vow and promife, he afteth but as a private perfon , and not as a Soveraigne. 2. If it be lawful for a private perfon towardeofT, and defenfively put backperfonal injurious affaults, to the ma- nifeft and immediat peril of life, without any colour of de- ferving , of reafon , of law , or judicial proceeding. Why $hal it not alfb be lawful for privat perfons to ward - off, and defenfively put back, the injurious affaults of Emif- fcrics, to the manifeft peril of Life, Libertyes, States, Li- vely-hoods, Confciences and Religion , without any ra- tional, or real colour of deferving, of reafon, oflaw, of God, or nations, or judicial proceeding? Shal it be lawful for &ne private perfon , in the defence of his owne life, to warde afffuch illegal, extrajudicial and irrational affaults of the Soveraigne himfelf ; and shall it be unlawful for abody oia land, or a confiderable part thereof , in the defence of their ively-hoods, and fo of their owne lives , and of the lives of rheirpofterity, of their Confciences, of their Libertyes and Religion , all fecured unto them by all bonds, vowes, Cove- wnts , Statutes and A&es imaginable, to warde offthe irra- tional as Our Arguments from Cap tional , furious , illegal , extrajudicial and mad affaults the Soveraign's bloody Emiflaries t Sure rational men wr fee that whatever reafon will evince the lavvfulneffe of th refiftence in the former cafe, the fame will more ftrongl; andplaufibly , conclude the lavvfulneffe of refiftence in thi cafe*. 3 . If it be lavvfull for a private woman to defend he. chiftity, dearer to her then life, by violent refilling the So veraignes attempts, left by non-rcfiftance , she should bf guilty ( and oh if all the women of the nation were of thi: temper. ) Shall it not alfo be lawful for private perfons u defend their Lives , Liberties , Confciences and Religion dearer to them then their Lives; yea and defend their chaftiq too , by violent refifting of the furious attempts of the So veraignes bloody Emiflaries , lent of purpofe to conftrairu and compel them to perjury , when their non-refiftence , ac cordiag to their power and opportunity , could not but be interpreted a voluntary and bale quiteing of the caufeanc truth? which they were bound before God , to maintain* with their lives and fortunes ? 4. If it be lavvfull to refill habited , notour and complear tyranny, againft all appearance of law , manifeftly tending to the deftruftion of a body of a people , or a greater pan thereof, by hoftile furious actions: Shall itbeutterlyun lawful to refill notour tyranny , yea cornpleat and habited (though not as to re-iterated a&s , yet as to the ground laid downe of a mod cornpleat and habited tyranny) againft all appearance of divine law , or juft and right humane lavvesj which should be confonant thereunto, tending to the de- ftruction of the Covenanted-libertycs , privileges and Re ligion, of the whole body of the people; and alfo unto the a&ual deftru&ion of the libertyes , ftates , lives and lively hoods of a great part thereof, by hoftile furious actions £ j . If resilience be lawful in the cafe of violent attempts , or deftru&ion of all known legall libertyes , and the beeing of religion according to law : Shall refiftence in our cafe be unlawful , when all the true libertyes of the fubjects , onceeftablishedby lavves, re inferced by vowes* Coven- nana Concefllons of Adverfaricj. ^g jants, folemne engadgmcncs , and all bonds imaginable; and he very beeing of our Religion , as reformed in doctrine, 'vorshipe, diicipline and government , ratified; approved, :ftablished, and confirmed by lavves, oathes , Covenants, owes and -prom iies , vvhick lavves To re inforced with >athes , protcftations , atteftations , declarations , iblemne /owes and Covenants 3 are, by all right divine and humane, rrepelable , being not only in themf elves good and necefia- y, but alfo becoming hereby facred vovves to God, which :nuft be payed , & being alio fundamental! tearmes of the conftitution of the reformed Republick i 6. If in the cafe of Vendition , Alienation of , and giving rheKingdome to ftrangers, violent refiltcnce be allowed; uull it not alfo be allowed in our cafe, when a land that /vas folemnely devoted , confecrated , and given away to God by folemne vovves and Covenants , and the fame own. id , approved , ratified and confirmed by publick acts , .'diets, proclamations, declarations, lavves and ftatutes of Jenary , and ( even as to all formalities ) compleat Par- iaments, made up of all the Lftates of the Realme, and iic King alio, is now treacheroully , andiniquoufly , for- :ed to depart from their former principles, to abjure their brmer vovves and Covenants , to change their God , to con- iemne his work; and by moil abhominable, and ever to* )e -abhorred acts and ihtutes , fold and alienated unto a popish prelatical and malignant faction and defigne, under .vhich, the faithful and true feekers of God's face, have, md can expect , leffe liberty for their confeiences , then if the ♦vhoIeKingdome were delivered up into the hands of the neat Turk. Thus weefeethefeconceilions help our caufe,& weaken :he adverfaryes not alittle: let us now proceed tofpeak to mother particular which will help us alio. 2. The authors of Lex Rex, zr^oil\\Q.^fclogtt)cARcluioti fufficiently proved, that the late wane can yed on by the Parliament of bcetland againftthe King , was lawful > bothinpoyntof lawandconlcience ; And if that was law- tull (as it was, and shall be found to be, when he and all his 3 a Our Arguments from Cap. II, his complices have done their utmoft, with all their lying cavills, falfe calumnies 5 reproaches, and what not, that Hell can hatch, to difprove& eondemne the fame; ) a warre raifed by the fubje&s in their owne fin^lefle felf defence 7 without the conduct of their reprelentative , cannot in every cafe be condemned ; particularly not in our cafe now. The antecedent , I fay, is abundantly proved in the books mentioned , which this windy man thinks needleffe to run out upon ( but he might rather fay , he thinks impoilible tg anfwere , and beyond his poor ftrength to graple with ) as hefayeth Pag.io. we muft then take fome notice of what* in that Page ( which he thinks fufficient tooppofe unto the many arguments produced by them) he is pleafed to prefent * [What fen ft (fayeshe) the people of Scotland (when they have come to liberty) have of thefe armes, their late reprefentative have declared , and it were to be wished , that the memory of fuch wayes J were buryed , that the pofterisy rmght never look, *p** them as ex* tmplary \ Their progenitors havefo dee ply drun fc of the bitter fruites of the fame, the re fait of them having been fo m%ch fin , shame and forrow> va&ation confufion and defru&ton to Princes and People,' I anfvver , i . What that liberty is , which the people oi Scotland are now come to, who can fee it, for the perfett fla- very and bondage they are fold unto i A freedome he talkej of 3 when all our libertyes are fold , and we given up as bone men and bond women unto the luft of a Man, andaredenyec the very liberty, which is the privilege of all free fub. jefts , yea and that which is the birthright and native privi lege of all men, viz. to fupplicate, petition or to pray: wha liberty can he then meane , unlefle the liberty ( which is li centioufnefle ) to forfake God and our Covenant , to turn< Apoftats from his truth and our profeilion, to fweare & fori fweare, to drink, debauch, whore, commit fodomy , & a fort of wickednefle , without curb or controll ? Is this tl liberty he underftandeth ? Sure, all true chriftians and fuc! as feare the Lord account that develish fla very and bondage z. We know what his late Reprefentatives have done, bu whether therein they have acted the part of Reprefentatives and given the true fenfe of the people of Scotland, will (i Concefiions of Adverfaryes. 51 nay be) be confidered, when He and I both are rotten. Sura hey never had any expreffe, yea nor tacitecommiifion from he people of Scotland , to give up all their necks to the trokeot the axe, as treatours and rebels, for doing nothing >ut ftanding to their owns defence > againft manifefttyrran- ly , and opprelfion of both foul and body ; and to condemnc hem ani their worthy progenitors who valiently ftoodfor :he truth , and the libertyes of Church and State , to the olTe of their lives and fortunes ; and to proclame and declare :hemfelves guilty before God and Men , of all the blood that jvas shed in that warre, though moft lawful and laudable. j. We are perfuaded , let him wish what he wiU , the memory or thefe memorable wayes shall never be buried, out shall ftand as exemplary monuments to fucceeding ge- nerations, when God shall think it meet to animate them with chefpir it of courage, to free the land of tyranny, andof domineering abjured prelats, withal their taile and traine : md wife men will think that his Reprefentatives have not taken a courfe fit for burying the memory of thefe wayes \ but rather a way to revive afresh the memory of them, and to commend them more to the thoughts and hearts of all who love and pray for the comeing of our Lord's Kingdome. 4. What bitter frutes thefe are, which, he fayeth, our progenitours have drunk fo deeply of, we know not, They lived and died , fuch of them as owned, andftedfaftly adhered rothat caufe and Covenant, in honour and peace; and their names shall be in perpetual remembrance , when his, and the names of the reft of this perjured. Malignant apoftate faftion shall rot. We needed not have feared that either fin , shame , forrow , vaftation , confulion , or de- ftruction, should have come to Princes or People, if we had profecuted the ends of our Covenants, with Zealand faithfulnefle according to our manifold vovves , promifes , ifolemne oathes and ingagments : But whatever of thefe have followed, should be, and will berightly fathered on ourde- feftionandlofeofzeal: And what tin and shame, andfor- irovv, & vaftation, &confufion, & deftruftion shall now fol- low bothtp Princes aiki people^ (if they repent not) upon this 3* Our Arguments from Cap. II. this unparcelable defection & Apoftafie, whereof now they are avovyedly guilty, none, who is not an utter ftranger unto ,God, his faithful word, anddifpenfations, but may ^ with' out any extraordinary Spirit of Prophecy, foretell. Next he tells us, That thcfe difputes proceed upon a moft untrue and malitious mifreprefentation of matters of fad , 8c upon two falfe hypothefes : Let us heare what are thofe l I As tf (fayeshe ) the/(jng had been the fit ft invader of 'the Na. tifon y whereas it is kjjorvn , hts authority was fir ft invaded , his laves I troden upon , his proclamations openly defpifed , his catties vtAcntly i fitfed 'y his amies he tooJ{_ v ere not tnvaftve againft the Nation , but £ defenfivc of hts otvne authority , of hts larves , ard the per fines of crderly walking fubjec7s> and far reduce tngthefe rvht> grayed from that duty.^ Anlvv. Quis fulcra Cracchos de fedtttone querent est Who would fufferiuchamanifeftnotorius lyartofay , that t others made mifreprefentations of matters of fact t But > |i i. Do not all who then lived, and yet read the publick pa- g pers, and other afts that pafled then, know that through; it the inftigation of fome falfe, perfidious, fugitive prelates, i the King was ftirred up to make warre on Scotland, ere ever I they thought of any fuch thing ? Was not warre concluded k both by fea and land ? Was not free tradeing taken away im Were not the Scottish Nobility at court made to abjure thq ia National Covenant , and the General AfTembly at Glasgow i y was there not a declaration emitted Feb. 2 7. & publickly read n in all the Churches o£ England* -wherein the faithful fubje&si rts and Covenanters in Scotlaud were tearmed Rebels ? Were k not Berwik and CarUle frontier cities ftrongly fortifyed and ty garrifoned ? Was not the Earle otHuntly made Governour n of the North of Scotland, and had fome foufe or fivethom m, fand men in armes , for the King ? Was not Aberdeen forti- ^ fyingit felf, to take in the King's navy of shipes, when its ^ should come \ Was not the Marquts of Douglas * & Lord u Hans ready to rife with the Papifts in theSouth of Scotland i, fe Was not the Deputy oilrelansi prepareing men to land them in L the Weft of Scotland i Was not the Baric of Arundale made L the Kings General ? and was not the King to have his reni L dezvouzatr*r^in^r//o and all the English Nobility com- L mandedl Conceflions of Advcriaries. 3 j nanded to attend him there by a letter written Ida. 26. be- 'ore the faithful People of Scotland had any army in readinelTe? ftfhat impudency is this then to fay , the King was not the irft invader of the Nation ? And as for the fecond expedi- ion, Anno Dom. 1640. managed, andcarryedon, by the Parliament, it was abundantly verified by their publick pa- >ers, that it was purely defenfive. And it is notour, that >efore the leavy was made , and appointed , the King had riolated the conditions made ; had caufed burne by the hand >f the Hangman a paper containeing explications of fome earmes ufed by him in the treaty of Peace \ had denyed ccefle to their commiiFioners , & afterward, when he had ignificd his willingneffe to heare fuchas they should fend, iich as were fent were committed to prifone , and one of bem, \iz. The L carry on this BeHum Eptfcopale , as they named it ; Scottish lipes were intercepted, their goods taken away, and the amen call into prifones and miferably handled ; The fca Drts were clofed up with frigots ; The caftle of Edir.brugh 3pre(Ted the City with their shot , and killed many both mngand old. Were all thefe things no beginnings of a arre, nornoa&s of hoftility > Howcanhe, oranyelfe en, fay that the King was not the firft aggreflbr , or that :otlands warre was not purely defenfive ? 2. As to thefe ings wherein he would make his reader beleeve , that the oneft people of Scotland, were the firft invaders , what a alitiousfooldothhemanifefthimfelftobe; for 1. How what way was his authority invaded ? was it , becaufe ey would not receive a mafic book in English , obtruded •on them by his folc authority without the Concurrence of lurchorState? 2. What lawes were troden upon ? We- C know 34 The Argument taken Cap. II. know no lavves , but afts and ftatutes of a lawful Parliament! ' made for the glory of God , and the good of the land : and what fuch were trode upon ? 3 . What way were his procla- mations defpifed i Is it to defpife a King's proclamation, for free fubjects to vindicate them felves of what is unjuftly laid to their charge in this proclamations , by faithful and humble proteftations of their innocency ? 4. What were thofe caftles feifed upon > Some be like in Vtopa ; for , be- fore this wane was begun Anno 1639. The Covenanters feifed upon none of the King's caftles : When they favv thq King bore a hoftile minde againft them and intendedno good they watched the caftle of £dsr>irugh that more ammunition and provifion should not be carryed into it : And this was all they did, until they were neceffitated to put themfelves : into a polture of defence>& then they feifed upon fome houfe? here & there, the lawfulnefle of which, is demonftrated by Lei Rex, GStkedpology. 5 . What illegal courts were thofe whicl werefetup? Sure thofe tablet , as they were called, wen no courts aflumeing to themfelves any judicial determinatioi in any matter of State civil or Ecclefiaftical, nor conventions for dlfturbance of the peace > or ufurpation againft authority but meer meetings (allowed by the light and law of nature for confutation and advice anent the matter and manner o fupplications , which they were to prefent to his Majefty and his Council \ and of propoGtions to be prefented to th lawful Stateand Church- judicatories. 6. Who werethof fubjeds walking according to the lavves , who were perfecu ted ? We know of none , who were troubled at that time except the Prelates j theTroublersofourlfrael, and all th perfecution they met with, was that the honeftCovenantei did give in complaints againft them 5 and offered tomafc good what they allaiged , upon the higheft perill , anddi iupplicate the Council (whereof fome of them were Men bers) that they might not fit there as judges, but ftand as Rt and anfwere for themfelves , and that the General aflemb) indifted by his Majefty, after mature deliberation , and fu examination , did excommunieate them , for high and note riouscrymes, to be feen in the regifters of that Aifembl fa From refiftence of Parliaments. 3 5 But 1 will thefe things , to judicious perfons , lay the ground of a lawful warre by the Magiftrate , againft his owne fut> jefts } Are thefe who cannot yeeld obedience unto unlaw- ful commands , who humbly proteft for their owneinno- cency , who meet together for drawing up fupplications » and ordering matters thereanenr , and who give in complaints againft the Pefts & Troublers of the land, and exerce Church ceniures upon the fcandalous , invaders of the Soveraign's authority > And when a King upon thefe grounds invadeth his fub;e&s , with an army of armed men , can any man of common fenfe think that his war is not an invallve warre 1 Hath not Magiftrats other lavvfull vvayes to defend their owne authority and lavves and orderly fubjefts, and tore- duce the diforderly , then fire and fv vord ? Sure, for a King to cut off his fubje&s, is to diminish and annihilate his autho- rity and lavves both : And for a King to wage warre againft the Body of a land * topleafure fourteen or 2 kvv of thebaf- eft and moft unworthy of all the fubjefts, would feem tobetherefult of no grave and fage Council; nor would it appearetobe much for the Kings honour , to have his So- veraigne authority imbarqued with a fevvabje&s, foasif they did fmke to the bottpme of the fea , It could not fwime. The next thing , (and that is the 2 hypothefis) he allegeth IS, [That they reprefent htm, tn their virulent ( he should fay ner- VOUS) vriteingt , as Xeronetpfo Ncronioi^a great ferfe cuter cf Rcli- , gion , intending the total rutne and deftruflsou of the proteftant frofeffiony and the total rutne aud deftruclion , of the vholc people if thcland.'] Anfv. They reprefentc him no other vvayes, then his owne publicke , owned , and avowed deeds , and declarations 'did reprefente him to all the world. What was his fecret intentions God kno weth, but his deeds did de- clare that he minded no good to the poor Church and State of Scotland-, for, topleafure a fevvabjecls, that had drun- ken in much Popery, and Arminianifme , and ftirred him up to urge upon our Church a Popish publick fervice » book of canons, and ordination, Popish ceremonies, and fuch Romish trash , heTought, by fire and fword to reduce us C z to 36 The Argument taken Cap. II. to ashes. We shalnotnow trouble his Urne , byfpeaking to what this Survey er fayeth afterward : This we know, That he died , but whether as a glorious Martyr for the true Religion of God (which yet may admit feveralfenfes> fo ambiguous is it , though we let it pafle in the beft) and lawes and liberties of the people , (as J*e fayeth) many doubt. At length he clofeth his digreffion thus, [if there was any thing that could not have a favourable interpretation tn that unhappy bool^ that gave the rtfe to the troubles , how timely was it retired , and great fit is fads :n and fecurtty given for religion ? J f through de" fault of Ministers cf State , any thing had creeped in , that could I n:t abide the ttft of law 7 how willingly was it refrmed i yet all could ll not ft ft the begun courfe of violence, till through God's dreadful in* dignaiton again ft afirfull people , his fatal end wight be brought ony not becaufe he had been a Tyrant , but becaufe he had not been fuch] *<4nfw. That book which was unholy , as well as , unhappy in giying the rife to fuch troubles, had not only fomethings in it j that could not bear a favourable interpretation, but the whole of it, was theextraft and quint eflence of the Ro- mish mafle book, bookof ritualls, &c. And howflowly it was retired, and fatisfa&ion and lecurity glvetw for our re- ligion, and how foon conditions covenanted and condefcen- dedupon, were broken, the hiftory of thofe times doth * fufrkiently declare; as alfo how unwillingly any thing was «c reformed that had creeped in, whether through the default, fe of Miniftersof Stateor others, But how can this bafe ca- lumniator infinuat that the Kings loyall fubje&s in Scotland had a hand in bringing, him to his fatal end > feing even the lateReprefentatives, though they would willingly have raked hell for it, could not finde a man, in all Scotland, to be charged with that crime. That he came to his fatal end , we know; but that it was through Gods dreadful indignation againfta finful people (if he mean the faithful and honeft Co- venanters) I know none, except bafe ignorant fycophants, that will fay it : Thatit was not becaufe he had been a Ty- rant, many wiil doubt. And when he fayes , that it was becaufe he had net been a Tyrant. I am fure , he giveth non cast* fampro caufai and who can underftand howGod in his dread- ful u. ft fc til! refiftence of Parliament. 3 7 ful indignation againft a (infill peopIe,doth take away aPrince who was not a Tyrant, feing upon that account hegiveth fuch Tyrants fometimes. Having thus vindicated the Antecedent from what this Survcyer had to fay againft it , we shall now fpeak a word to the confequence of the argument. And i. The wholeCabal of the Royalifts will grant it; for, with them, bothRe- prefentatives and People are put into one and the fame cate- gory , viz. of meerfubjecb; ib that if the Antecedent ftand good , ( as it shall , for all which they have faid , or all which this their new collegue or young raw difciple , can lay to the contrary) the argument is good adhommsm. t. Such as grant it lawful for aLand having their Reprefentatives with them , to defend themfelves againft tyranny ; But deny it to privat fubje&s , in cafe of neceility , when they cannot have the condutt and concurrence of their Reprefentatives , can adduce no argument againft this laft, but fuch, as will weaken their afiertion in the former : Asforexemple Hcmo- msis politic, dtfp. 9. thef. 55. difprovcth refiftence in this laft cafe , by thefe arguments. 1 . becaufe, Subjects arc obliged to pay to their owne Magiftrats, the duty of fidelity and obedience, 1 . Becaufe , by this meanes a gap would be opened to feditions and rebellions. 3. Becaufe the fcripture commandeth fubjecte to pray for their Magiftrats. 4. The fon may not wronge his father how wicked fo ever he be. 5. Violence done to the head, though fickly,tendeth to the ruine of the whole body. 6. It is better to have a fickly head :hen none. 7.Thereis greater danger toCaftoffaTyrant,then to Tolerate him. 8- A Tyrantcannot berefifted but de- truttion will follow tothercfifters. 9. God punished the wicked Kings of the jewes by ftrangers. 10. \trcmtM did lot ftirre up the jewes againft Ktiuchadne^dr but allowed :hem to pray. 11. Chrift commanded to pay tribute unto :he Prince. 1 2 , P.iul will not have an evil Prince to be curled »vith words, ij. Kings are from God , and fuch like. But •vho feeth not, that thefe , if of any force , ( as indeed they are of none, as shall afterward be made appear, in due time ) :onckide asmuchagainit a peoples oppoicing and refifting 2 C 5 Tyii:ic 38 The Argument taken Cap II Tyrant, even when they have their Reprefentatives with them , as when they are left alone : and yet this fame Hotm* mHSHbifufra thef. 45 . granteth it lawful yea arid neceflary for the Efhwi and the Eftates of a land to refill the Tyrant. 3, If our Surveyer will grant the cafe different now, from what it was then, when the primates Regni wereingadged in the oppofition , (as he doth Pag. 1 1 . ) and grant that when the fnmores Regni concurre , the oppontion is lawful (ashe'muft grant , in cafe the Soveraigne become Tyrannical , and be the firft-aggreflbr , becaufe only upon the contrary fuppofi-* tion he condemneth the laft refiftence , which was made to the King by Scotland) Hemuftof neceifity feekout oth arguments then what we fee he hath, to condemne this refi- ftence of private perfons , in cafe of neceifity \ or other wayes contradift himfelf; for, as may eafily be feen * this being granted, all his arguments shall be eafily difcuffed. 4. It he grant the cafe now , to be much different from what ii was then, fo as then, it was a lawful refiftence, but notfc now ( as he muft grant , otherwife , we cannot fee what this is to the poynt , and wherein his much diferemce doth lye) how can hefave himfelfa from contradiftion \ for h< muft put adiffencebetwixta refiftence made by the peopli with their frimores , and a refiftence made by the People with their Representatives in Parliament^ orelfefay, That what- ever the Nobles of a land do , is the fame with what a Par- liament doth ; and that wherever they are t there is a Par. liament , and the peoples Reprefentatives : Now this he darre not fay , left he should be hiffed at; and therefore he muft grant it lawful , for a people to defend themfelves , when they want the condufl: and concurrence of their Repre fentatives, afting "authoritatively, or elfe retraft, what he hachfaid , and planely confefleThat the cafe to be notic- ed now , is not different from what it was then- 5 • I hope no man willfaythat a vvarcarryedon, orarcfiftence made againft the Soveraigne, by the Reprefentatives of a people?' Is eoipfo lawful, unle'fle the ground of the warre, or refiftance, be reall and valide : And if the ground be valid , and good 1 whereupon a People unjuftly opprefled and tyrannized over are Prom reiiiience of Parliaments. 3 9 ire allowed to defend themfelves , haveing their Reprefen- tatives to goe before them, why shall not the fame ground ftand valid and fufficient, to warrand them to defend them- telves, when they have uot the concurrence of their Repre- fentatives * I would gladly heare a reafon , making the defence in the one cafe lawful, and not in the other, feing the ground remaines the fame , the fame necellity abideth , yea , it rather increafeth when the Reprefentatives , who should be a fcreen unto the people , betray their truft , and either neglect to vindicate with their authority and condud , the innocent opprefled people , or turne adverfaries to them, andopprefToursofthem , themfelves. 6. Since Parliraents ve the peoples Reprefentatives , no man will fay That de yne their power is privative , or deftruftive ; but rather cu- mulative and helpful ; fo that the peoples Reprefentative cannot, de jure, make them more liable to irremediable tyranny and oppreflion , then they were: they being pro- pcvly ex natter a ret and exm^ttutioney (3 tnfittuentnim tnter.ttcne* ordained and appoynted , for the greater faifty , and good of the people. And therefore , if the Reprefentatives betray their truft , the People , in fo far , are as if they had no Re- prefentatives, and may no lefle defend themfelves in ex- treame neceifity , then if the officers of their army , whom they had chofen and appoynted to defend them, againftan invadeing enemy , should revolt to the enemy , they might lawfully rife up in their owne defence , and oppofe the idverfary. 7 The law fayeth that detertcr conditio domtnt per proem atore m fieri non debet L . tgnoranttsff. de procurator thus . The procurator or advocat his knavery , cannot prejudge the Client or wronge his caufe. And why then shall the per- fidy of the peoples Reprefentatives, or their betraying of their truft , wronge their caufe , and prejudge them of their juft right? 8. All will grant, That it is as lawful, for an oppreffed people to defend themfelves from the injuryes of a Parliament, as from the injuries of a Soveraigne , if noc more : and if it be lawful 1 for a people to defeude themfel- ves againft the Tyranny of a Parliament ( as is more then fuf- ficiencly proved by all fuch arguments as have hitherto , by C 4 any, 40 The Argument from the Cap. II. any, been made ufe of, to prove it lawful , to refift a So- veraigne oppreiling and tyrannizing ; no man of common fenfe, will deny it lawful to a people to defend themfelves ! againft oppreilion and tyranny , when they but want the concurrence or countenance of thefe Parliaments. 9. If ^ny should allaigc that this is againft the law of the confti-. tution of the Kingdom. We know no fuchlaw: bcfide,' that though there were anyfuch; yetneceJlityknoweth.no law; and in cafes of neceility , fuch lawes are not to be obferv- cd, fayeth the law L. ut gradattm §. 1. de runner: & honor. The lawes of nature are irrevocable and cannot be refcinded by municipal lawes : for the law tells us that ctvilis ratio jura na/uralia cormmpere non pot eft L , eas obltg . D. de cap. prtvat. Now the lavv of nature allowing felf defence againft unjuft vio- lence, addethnofuchreftriftion, viz. that it be done by the conduft , and concurrence of the Pnmorcs or Parliaments. 10. The very conceflions of our adverfaries fore- mention- ed , will confirme this confequence , for in xhefe cafes, they will grant the fame liberty to a People without , as to a People with their Reprefentatives, to defend themfelves: for the weight and ground is not laid upon the manner, or way of conduft , or managing of the refiftence and defence ; but upon the caufe , and that is alv vayes the fame. Yea, the neceflity (as was faid) is greater ( though, it may be, the difficulty is alfo greater ) when Reprefentatives defert fucr| as they do reprefente, and inftead of helping them witH counfel and conduct , in their neceflity , do either defertc them, or turne enemies unto them. Our 3 argument is taken from the law and light of naturt which alio weth to beafts , power and ability to defend them- felves , againft violence. An argument made ufe of , not only by Lex Rex and the Apology^ but by Divines, Canoniftsi Lawyers and others who write of this fubjeft. The civil law it felf tells us That this neceflary defence of life, flow- eth from the law of nature L. nt vim.ff. dejuft. ($ jure. But here cometh out a green ftatift , and takes on him to cty shame on all who ever wrote on thatfubjeft, andavowes Pag. 15. That it is WP groffe divtiHty to bring fnth an argument from Law of nature Vi ndicated. 4 1 frimhcafts. We muft therefore fee whether this Man be rational in rejecting fuch an argument taken from beafts; and not rather more irrational then a Brute , to deny that to a Rational creature, which he cannot but grant to Beafts, and Creatures without life , as we fee he doth Pag. 14. 15. We shall readily grant with/him , That God hath given this felf defending or preferviog power and propenfion , otherwayes to Men , then to inanimate creatures , or unto beafts , which are under no law, but that bfmeer nature , and there- fore , they are not to defend themfelves c oeco impetu , but rationally \ and ought to fubordinate this natural propenfion to felf defence unto , andlimiteit, by the higher lawes of reafon and of God. Doth he think that fuch as make ufe of this argument, do fuppofe That in every cafe andinevcry manner of way , men are to ufe and exercife this natural pro- penfion to felf defence , m which and after which, Beafts are to ufe it ? Sure he is in a great miftake , and he wrongeth the authors of Lex Rex and of the Apolog. Sec. when hefay- eth Pag. if. [That they bring arguments ft 'cm beafts , ( who being under no laW of reafon nor grate, to limite their propenfion s y may alvayet , in all imaginable cafes , defend themfelves v/th force) to perfwade men , that they may do the like , and that their propenfion for then externall prefervatson , U no more under any reflrasnesng ■rule, to ftopetheexerctfe of tt , then that of Beafts ts •] For, they intend no fuch thing , nor are they , intheleaft, necellitated, to ufe that argument fo : They only make ufe of it to dis- prove Xhat irrational, and more then brutish pofitionand maximeof abfolute, unlimited and indispenfible fubje&ion of fubje&s to their Soveraigne, fo that in no cafe , they may or can refill , which all the Cabal and royal fociety of Roya- lifts, parafites , court flatterers and cavalliers, who, becaufc they themfelves, in hopes of fome crumbs of allowance, havebrutishly, without regaird had to the Law of God , or right reafon , fold and devouted themfelves, not only in matters concefning their body, but in foul matters, unto 1 the meer luft and pleafure of a creature or clay , think all i others should play the beafts with them , do furioufiy & ob- ! ftnucely maintauie. And as to this , the argument hence G 5 dc 44 l he Argument irom the C a p. I L deduced is moft rational and irrefragable: for it is irrational to think That God (who taketh much more care of man, thenof beafts i Co**. 9: 9. Mat. 6:30.) should allow and give unto the inanimate 'creatures , and to the beafts , a power and propenfion to defend themfelves againft violence , and should deny the fame to Man; fo that in no cafe he should be allowed to exerce that natural propenfion , to defend him - felfe 3 and to refill un juft violence with violence. So then we might let his reftri&ions pafie , as being no thing to the pre- lent purpofe; for, it is but his groundlefle imagination to think that we would equalize M#i with Beafts,becaufe we will not, with him and his party, deprefle them into a condition below beafts; yet we shallshortly run over them. His firft is this, wl en it tsfeen to be to'no purfofejby reafon of a pbs/ical force. But alas doth he think this' reftri&ion of the natural propenfion for felfe prefervation is upon men only, & not upon Beafts alfo ? did he not fay in the fame Aigc, that Major vis and a greater phifical force would hinder this even in Beafts ? His next reftriftion is this , A man juftly condemned to death, both ac- cording to a juft law , and by a juft ft ocefi according to lav , may not tife violent felf defence againft the Magiftrate* with reoffending him. Anf. It is granted, what then i will it therefore follow , that this principle of felfe prefervation is fo reftrifted , as that a whole Land , or a confiderable part thereof, being un- juftly condemned, both by an unjuftlaw, andbyanunjuft procefle according to , or without that unjuft law, may not defend themfelves againft the Magiftrate's Emiflaries , fenc to deftroy , without refpeft had either to law or confeience ? Then he tells us That Lex Rex is too bold and comethtoo tieare to blafpheme God, by faying [That it were a mighty defect tn dtvtne providence > that men should not have as large a liber- ty to defend themfelves violently ,' as Beafts have\ and that men were in a worfe condition then beafts , if as Beafts have alwayes power so defend themfelves violently , wtth their horns , heels, teeth ($c* £0 men should not have as large a liberty, in every cafe to ufe violence upon Magijlrates , putting the?n to vexation , or perhaps troubling them in life ft ates £J<\] But where findes he thefe words in Lex Rex i The author of Lex Rex fayeth Pag. 3 3 4. [// were a mighty Law of nature Vindicated. 43* g mighty defctt in providence to man, if dogs, by nature , may defend \$hemfeives agatnft Wolves , Bulls agatnft Lyons , doves againft banks s 3 if a man in the ah fence of the lawful Magijlrate , (hould not defend himfelf agatnft unjuft violence, but one man might rasfc armyes of paptftsficl^ for blood, to deftroy innocent men] but this is far from [as large a liberty, in every cafe ] and Cometh no way near toblafphemy, but is a real truth. Suppofe Lex Rex had laid fo ( which I finde not ) it had not been appofite to his poynt now, while heisfpeakingof oppofeing Magiftratcs not puting to vexation, or perhaps troubling in life,ftate, &c- but rightly executeing a juft law, againftaiiialefa&or, which the worthy author of Lex Rex would never have owned , but would have faid. That the Magiftrate was bound to execute Gods Law againft men-fworne Apoftats , fuch as he and his fraternity are,& that they were bound to fubmite to the ftroke of juftice. Thrsdly he fayes Pagy 16. may not the exeritfe of felfe defence and violent refiftence , be refrained by the grace of God, and the power of hit command for fubmtffion , abiding upon a mans f pit tt \ As in Ifaac's cafe , who didnotrefisl his aged father going to facts* fee htm. Anf. Whether ifaac made any forceable refiftence or not, we know not, fcripture is filent ; but it tels us his father bound him , we acknowledge God is Lord of life , but no man is ; and he may rcftraine by his will and working on the fpirit , fo as a man who lawfully might flee , and lave his life , shall not have power to do fo, but abide and glo- rify him by giving a faithful teftimony unto his truth when queftioned. But thinks he that fuch inftances are binding pre- cedents i Sure , then he shall contradict his o wne doctrine , Op. 4. Or thinks he, that a Body of a people or aconfide- rable part thereof, shall not exercife lawfully this privilege [>f felf defence & violent refiftence, when neither the Law [>fGod, nor fuch extraordinary force or reftraintof God :>n the Spirit , but the vaine pleadings of Court Parafites, would have it reftrained ? fourthly Pag. 17. He fayes , May **uhe defence of our temporal life , tn fome cafe , ce.ife , for the pre- servation of the eternal life of our Neighbour , when it comet to that 9 &4t the defence of the one shall be the ctrtane left of the other ? <*nf True* and therefore He and the reft of the perjured clergy 44 The Argument from the Cap. II, clergy should much more ceafe from the prefervation , o: rather ufurparion, of their places , livings , and dignities when fo long as they domineer , there is certane ruine to Re- ligion , and to the fouls of many thoufands. And againe , if a man may lay do wne his natural life, for the prelervationoi of the foul of his Neighbour, much more may he with others,1 hazard the fame in oppofeing unjuit violence, for the de- fence of the pure Religion, whereby thoufands of foulls may be eternally preferved . But doth he think that a Na- tion or a whole countrey - fide is to give up their lives to the fword of the Kings mercylefle Emiflaries , for to preferve the vaine pompe, and to fill the bellyes of a few drons , whofe God is their belly , though they should account i that their eternal life , and all their felicity ? F/fily , ^ layes he , doth not thss obligation ceafe , for the public^ good and & prefervation of the Commonwealth. Anfoer : What then i doth it fellow That Men should renunce their priviledge of felf defence , when their doing of that shall be fo far , from promoving the publick good, and prefervation of the Com- monwealth, that upon the contrare , their doing fo shall tend direftly to the ruine of the publick good and deftruftion of I the Commonwealth ? Sure if this be true , that a man should lay down his life for the good of the commonwealth. It is alfo true, that moe should hazard their lives for the good of the Commonwealth , and violently refift violence And doft Ames cafe mentioned Caf Qonfc. Ltb.^ . r.. 3 t. q. 3 . would fute the Prelates well , and their adherents : fothat if he and they loved the good of the Church and Kingdome of Scotland^ they should give up their necks to the ftroke of juftice, that the wrath of God may be turned away from the land: for till thefe be removed, we can not expeft any thing, but judgement upon judgement from the Lord, till we be deftroyed. Neither doth Naphtaly crofle D.Ames, for Naphtdy only fpeaksof a mans fuffering intolerable and inevitable injuries, under pretexto? the good of the Com- mon wealth • which indeed for a Irian to do , would be , for the delufion of an empty name, only for the Iuft of others really to de prive himfelf of his whole share and intereft there- in > Law of nature Vindicated. 4^ 9, neither would he have ground of hope cf getting a better tare, feing it were a great queftion and doubt \ i(9 in that :afe, he were in the way of his duty* What he addeth > Pag. 1 8 . of afouldiers going to a dangerous poll, at the com- nand of his General, is utterly impertinent; Natures in- ftnft vvil teach fome dog to ftand in the gap to keep out :he Bare. Hislaftreftridtion is this That/t muft ceafe to pre- rerve the Kjng* the Head of the Commonwealth , when the cafe is fo t fhat the Kjng muft either loft his life or the pri vate man his. Anf* I grant Lex ifcxfayeth [I think that a private man should rather fuffer the King to kill him , then that he should kill the King, becaufe he is not topreferre the life of a private nan, to the life of a publick man,] But I doubt that t is fo agreed among the learned. Sure P. Voeths de DueiUs Zap. 20. Pag. 162. thinkethothervvayes, and pro veth that elf defence is lawful to a private perfon againft the Magi- irate, for the law which alloweth to repel violence with violence , maketh no diftinftion betwixt a publick >erfon and a privat perfon , and the law of Nature al- ovveth it againft every one ; for it knoweth no diffe- ence: And as to that which fome would fay, That his death -vould be hurt full to the Commonwealth. He anfwereth> That he who refisttth the Prince doth intend no hurt to the Republic^ \nd :t it not per fc , but per accidens , that he ftandcth in the way ' f the good of the Commonwealth ; and if he should fuffer htmfelfto e lulled , he should transgrejfe against the Lav of Natures. ] Yea much doubt if the Surveyer him felt , would not rather kill , n this cafe , as be killed, and with Naphtaly account Stlf- Ufence a principal rule cfrigkreiufneffe, however now he would lilprove this aflertion if he could: And would let that pafle >f loving himfelf more ad fnem fuumultimuw , and fuam-nr utern. Finally; what he fayeth againft this alTertion of Vaphtsly is tonopurpofe ; for the Author of Napht.ily will eadyly grant that in fome cafes, not only a man, but a coa lyormen, may, yea ought to preferre theprelervationoi )thers, unto the prefervation of their owne life , becaufe >fa divine command to defend Religion, Liberty^, Poftc ityandCountrev, from the uniuftiiwalion and violence or- " feied 46 Arguments from Scripture Cap. II fered by wicked Emiffaries . But he shall never prove That the Body of a land or a confiderable part thereof, is t« hold up their throats , to be cut by the Kings cut-throats -when he & they are feeking to root out the Covenanted-wor] of Reformation, to deftroy the Libertyes of the land , an< to make all perfect (laves , both in foul and body. Cap. III. A fourth Argument Vindicated, taken from Scripture-inftances. OUr fourth argument shall be taken from inftances o oppofition and refiftence , made unto the Soveraigne or his bloody Emiffaries , by private fubje&s, without th ^onduft or concurrence of their Reprefentatives , records in fcripture , and which we finde not condemned by the Spi rit of the Lord : So that whofoever shall condemne the lat vindicators , muft alfo condemne thefe inftances. As. i. They muft condemne the lews Handing for thei lives againft their Enemies armed againft them , with a com million from King ^hafnerusy fealed with his ring , which n< man might reverfe , in the dayes of Mordecai Sc £pher. Bu fome will fay. That they had the King's commiition , whic did warrand them to take the fword of defence againft an that should aflault them , under pretence of the forme decree, I Anfvere. If their having of the King's commii million did in poynt of confcience warrand them , It ha been utterly unlawful for them , to have withftood th King's butchers , if they had not abtained that commiffio and warrand : But what man of common fenfe will fay this This later decree did , in poynt of law, warrand them t gather together with faifty and fecurity , that they might th more eafily , not only defend themfelves from their Advc faries aflaulting them ; but alfo to deftroy, to flay, andt caufeto perish, all the power of the people and province cha Arguments from Scripture. 47 hat would aflault them, both little ones & women, and to take the fpoile of them for a prey£/?fc.8 : 1 1 . But didnot, could not , make their felfdefence agamft foch manifeft 5c bloody cruelty, lawful in poynt of confeience, if, otherwife it had been unlawful. Though every inftance will not in all poynt s quadrate [for nullum fimtle eft idem) yet we [have here in this inftance thefe things for our purpofe, i . private fubje&s with- out their Efhoii or Representatives , arming themfelves for de- fence: & that 2. againft bloody Emifiaryes of the King: 8c g . bloody Emiflaries armed by a formal commiifion, decree and warrand from the King. 4. A commiffion formally never reverfed, butftandingin force, as the decrees of the Medes and Perfans that might not be altered. 5 . and this defence , as lawful in it felf in poynt of confeience, (for if ithadnot been fo, the King's warrand had never made it fo) fo declared lawful in poynt of law , by a decree from the King , after better thoughts. In imitation of which, It had been a commendable praftice in the King and Council, if they had been fo farr from condemning thefe innocent felf-defenders , (fince , as they thought, in poynt of honour and credite , they would not retraft or reverfe their decrees and commilfions once granted) that they would have authorized them , and abfolved them in poynt of law , fince in poynt of confeience > no man could condemne them , for Handing to the defence of their Eftates, Lands, Libertyes, Lives and Confciences, un- juftly opprefled by mercylefle Emiflaries. 2, They mull condemne the people their refcueingof I Jonathan from the fentence of death, unjuftly given out againft [ him, by King Saul 1 Sam. 14: 44. In anfwere to this in- ftance, our Surveyer fayeth Pag. 6 5 . [ That the pcofle ufed no vkm lenceagatnfi Saul when he vent about to put to Death tnnocent Jona- than , but in the heat of fouldiery boldnejfe , do effeclually inter pofe with Saul, and mediate for the life 0/Jonathan , movtng Saul to Wave refpefl to his rash oath , and to regatrd what was jufl and nght. ] jinfv. 1 .The matter came not the length of violence; but had the King pertinacioufly adhered tohisrashandfinfulrefolu- tion , and , by force , had offered to draw the innocent Man to death , that which they did, fpoke dearly, they would have 48 Arguments from Scripture. Cap. 1 1. 1 have refilled him ; for , whether the King wbuld or not , p yea contrare to his oath , they fweare in the face of the King, that Jonathan should not die. 2. It is but gratis dtttum , that only in ihe heat of a fouldiery boldnefle, they did mediate; be- fide, that there feemeth to be a material contradiction here* for fouldiers mediating and interpofing efpecially in the heate of fouldiery- boldnefTe,ufeth not to be with humble Amplica- tions & intreaties, but with violence or with what will usher in violence. 3 . We heare of no arguments they ufe to move bloody Saul to change his purpofe 4 but this > as the Lord liveth there shall not one haste of hss head jail to the ground. He fayes Pag. 66. That [the people dtd not oppofe an oath to Saul's oath , for Junius expojttson may paffe veil ; that they fpol^e not by way of [wearing, butbyway of re afonsng^ abhorring the deftruflion of fucha per [on , abfit , ut vivit Jehovah > an cadere debet. ] Anf The word which they ufe is no other way tranflated here > by fontus , then elfevvhere ; and elfcwhere it hath clearly the import of an oath , as may be feen iudg.%. ip. 1 Sam. 19: 16. and 20. 3> 2i> 2$, 16. and in many other places. 2. The People fpoke thefe words , as Saul fpoke them , *ver. 4f. and therefore they are dire&ly an oath of the people oppofed to Saul's oath* 3. lumus himfelf fayeth, that they oppofed a juft oath to Saul1* hypocritical oath. Sanflius in locum, fayeth> [ the people oppofed to the Kings ■ oath,a publick oath, & fwore that they would not fuffer that any evil should be done unto him.] The dutch Annotat call ! it an abrupt kinde of oath in ufe among the Hebrews. But t „ (fayes he) [It is a wonder to fee underftanding men argue 3, from this place , for violence and forcible refiftence to ,, Kings , efpecially when a&ing according to lavves , con- ■ 5,fented to by private perfones] Anf This place prbVeth clearly that princes may be refilled 5 and refilled when they ufe violence and oppreilion , and that by private perfones > even when the opprelfion , or iniquity is afted according to a pretended law, orfomething equivalent to a law. Let us fee where the difference lyeth. here (fayes he) the i\sng is not afliug according to law , but prtfecutsng the execution of a foolish and rash oath] **»[»> x . Neither did our King's bloody Eraiflarics aft p $ Arguments from Scripture. 49 rft according to law, but were profecuting the execution of I develish and rash refolution, to root out and deftroy a whole Sountrey fide , i. If Royalifts fpeak truth, Sauls word, lee )e his oath , was as good as a law : and Sancltus fayeth it was Dtcrctum decreed. And whatever it was formally* it was ma-^ terially a law, unto which they had all tacitely aflented, ^.24. Sc which they durft not tranfgrefle v. 26. \Here (fayes he) the 9/rpofrton made to the IQxg is byway oftntercefficn &earneft reasoning that he ought to rcgatrd what was r/ght more then hts rash oath.) Anfr* No reafoning we heare but a peremptour telling of the King , to his face, that he should not get his will, notonehaireof Jonathans head should fall to the ground , if he should attempt anything, againft Jonathan , it should be over their bellyes: Their words look like club-arguments. [Here (fayes he) thetr tppo/itton was acceptable and welcome , acqutefced tn and yeelded to] 4nfr. It is like it was condefcention by force and conftraint , for whether he would or not, he faw he could not get his mil , and therefore paffed from what he intended , 2* His icquiefcence fayes the refiftence was more forcible then aicer intercellion would be ; for, he was another fort of bloody Tyrant, then to yeeld to petitions, when he thought [lis honour flood upon it [ Here ( fayes he ) the oppofitton is made >) the Princes of the land, Captatns cfThoufands &c.) Anfw. The jext fayes The people refcutd Jonathan. Who ever they were Jc whatever they were, they acled not here as the Supreame Janhedrin, nor^s a court of judicatour haveing power of government , but as private peifones , according to their >owerand capacities. And fo all this makes much fora >arty of private perfones( for here was not all the land) their efiftingof the King's bloody emiflaries executing cruelty, lot fo much as according to an iniquous law , but contrare to II law, right and reafon [let (fayes he) Peter martyr be looked \pon this place \ and he {peaty notably welly hts owne words wsll dtfeovet ow notoui ly he ts falffed by Lt R. p. 349.] Anfv. Lex. Rex. dealt ngenuoufly with his reader concerning him, telling him, in he margine that wtthadoubt hefaid, ft tftaftdtttofefecerunt nulla lodoexcufar'tpoffunt. And that he faidthey might Suffrages. vith their fuffrages free bim . Why did not the Survey* fet D down 5C Arguments from Scripture. Cap. III. down his words i did Lex Rex falfify alfo Chryfoftome homiL 14. ad Pop. Antioch. Junius: Corn, a lapide: SanfltusiLjra: Hugo Cardin. lofepkus L.6. antiq.c.j. and Althuf. Polit. c . 3 8 n.109. 3. They niuft condemne zuz//^ , for nis refitting of King Saul, with armed men , which yet the fpiricofGod doth not condemne,but rather approve,in commending fuch as helped him 1 cbron. 12: 1.2.8. &c. and infpireing Amazja who was chief of the captaines to fay Thine are we David-, and onthyftde-, peace , peace be unto thee , and peace be unto thy helpers , for thy God helpeththee. So did he intend to keep out the city i\etla a- gainft the King, andconfultedGod thereanent, and had his anfwere, that the city would betray him . Now if it had been unlawful for him to have defended himfelf by fuch forcible refiftence> we cannot think that he would have goten fuch anfvvers as he gote. Grotius himfelf approveth this deed ofz>A//d\f. All Which this Surzeyer fayeth againft this Pag. 67. is , That Davids unclion did fo difttngittsh htm from private per fens , as that it made it lawful for him to reft ft violence wttbvtolence: But, the law of nature reftrið not this law- ful felf-defence to anoynted perfons. 1. If his anoynting made him no private perfon, what did it make him > it could not make Him King, otherwife he might not only have re- fitted s**«/,but have taken his life as atraitour;or elfe we muft fay, there were two Kings at once in ifrael. 3. David neve pleads this as the ground of his refiftence *sor is there an; hint of this in the text. 4- They muft condemne the city Abel i. Sam, 10. which: refilled loab, Davids General, and his forces, when they be. fiegedit, till the matter came to a capitulation, ioab shoulc have offered tearmes unto the city,before he had threatned tc to deftroy it; and should have communed with theMagiftrates 00 concerning the delivering up of the Taitour, before he hat is refolved to deftroy the whole city, for one Traitours caufe and therefore juftly did they defend themfelves againft his un juft invafion notwithftanding he was armed with a com nnffion from the King: and remarkable it is, that after th capitulation , they were never challenged for traitours i refitting , with dgfed gates , and fenfed walk , the King'fc Ge z i Arguments from Scriptufe. 5 1 beneral and army. So that here is a private city Handing DUt for a time, againft the King's fouldiours , unjuftly feek- ing to deftroy them , becaufe of one Traitour arnon<* them. 5 . They muft condemne the Prophet £//^for rsfifting^/?*- zjatii bloodyEmiilaries fent by him,in an angry moode,co ap- prehend him and to compell him , in a i pite full manner , and to take him prifoner,as fay the Dutch Annot. on the place, For (peaking fuch things as he did? unto the meffengers of the King, who were fent to Baal z,ebtib the God or Ekron, to enquire if he should recover of his defeafe ; and to bring him to the King by violence , if he would not come willingly, as Jofephx* faycth antiq. Ltb. 9 . c. 2 . t K/»£. 1 . No w he refilled fuch as were fent, and killed two Captanes & their fifties * withfirefrom heaven, which inftance doth iiifficiently de- clare that it is lawful for private fubjects , in fbme cafes , to refill the unjuft violence of the King's Emiflaries, though armed with his commilfion. It is true, the manner of his refiftence, and of killing thefe, was extraordinary , by way of a miracle ; yet the refiftence it felf , was not ex- rraordinare, as we have feen by other inftances , and shall kt :learedbymoe. 6. They muft condemne the prophet Elisha who refilled 30th the King and his Emiflaries in his ovvne defence z Kjngs 6:32. faying to theElders who fate with him ftejee how h$4 Sone of a mntdtrer hath fent to take away >/iy head i tool^wbeti Jx Meffenger cometh , shut the door , and hold kfm f.tji at the door f J not the fdund of his Makers feet behsnde him* Here was un- luft violence offered to the innocent Prophet, anEmifiary cnt to kill him without caufe: and the Prophet refiftethhis violence , caufeth hold him at the door , and violently preiTe rim, or prefle him betwixt the door and the wall, vvich pcaketh violent refiftence ; keep him (fay the Dutch Ar.n:r.) >y force at the door : yea Jojephu* thinketh that the King bllovvcd quickly after , left the Prophet should have :illed his fervant. This clearly fayes that it is lawful for •rivat perfones (for the Prophet was no other but a pri- tfc fub/ecrj to refift unjuft violence offered them by tnt D * Kins* 5 z Arguments from Scripture. Cap. lit King or his Emiflaries , and with violente refiftence, to defend themfelves. 7. Much more will they condemne other inftances oi greater oppofition > made to the rage and tyranny ofPrin, ces , which we linde recorded in fcripture, and not con dcmned. As 1. That oppofition made by theTen tribes to Rehoboatn, when they revolted from him, after they had a rough and tyrannical anfwere unto their juft and lawful demands 1 f the caufe was from the Lord, that he might, perfoi me his faying which he fpoke by Ahqah, and yvhen Rehoboam raifedanarmy to reduce them againe undei l his power and command, the word of God came unto^ta " matah faying ffea^ unto Rehoboam ($c. and fay thus ftjeth th Lord 3 j e e shall nctgoe up , n or fight agatnffycur brethren? the chil- dren of Jfr/tel 3 returne eztery wan to his hcufe , for this thing tsfrorn me. It was done by the will of God fayeth iofephus Ant/q Lib. %.c. 11. And therfc is not one word, in the textim. porting that this was condemned by the Spirit of the Lord tor, as for that word 1 Kjng.1z.19. SoJfrael rebelled agaml the houfe ofDavtd. It may be as vvel rendered, as it is in th< n: inargine, they fell avay \ and fo doth the dutch render it and Junius dtficaunt^ they fell away? or made defe&ion, anc the original word is of a larger fignification then T)? whicl pioperlyfignifieth/ verum ufque $d at as , 0 cum tllam terrammhabttandam a deo, eo foedcre , ha- . butjjenf, ubitllumjuxtaejusverbumcolerenty jure ejus idololatrtam admtttere, non debuerunt ,] Thus he approveth of their revolt in this cafe. What fayes our Surveyer to this [this (fayes he) imports not the imptdfive caufe of the revolt \ or motive tvhtch tfsej had before their eyes ( for , in that fjme verfe & period , itt is fatd the Edomites alio revolted from him > becaufe he had forfaken the Lord God of his Fathers , and the Edomites loved not the true Reltgton ) but the merit 'cr/ous caufe on Jehorams ftrtts poynted at.} Anfv. The text it felf and Commentators, to y vhom vye may acid lackfon on 2 Kmg. 8. & the Dutch An- not.ibtd. give this as the impulfiye caufe, and only motive which they had before their eyes. 2. Anv who read the text yvill fee his reafon very unfound ; for v. 8* itisfaid, that tn hts dayes the Edomites revolted from under the dominion cfludsh , and made themfehes (though he do not ferfecute them , nor force them tohitway , as there ts no evidence that Libnah vat fo ujed) shall tl\tngsfwervmgtn that one poynt , or tf there be greater infidelity , be fiffictct ground of defeclton from htm * ] 4nf I nothing doubt, bit all fuch as have imbraced this prefent courfe of apoftafie re guilty of a grievous revolt, having impudently and avow- edly departed from a fworne Covenant , from a covenanted & fvvorne Religion, reformed in Doctrine,Worshipe,Difci- p'.ine, & Government ; and have in a great part forfaken the God of our Fathers , that covenanted God whom our Fathers, and we both owned, and imbraced as our God; and is fufficient caufe for any City , or Company of men , fo fat to revolt from the King,as to refufe to concurre with him, in this horrible defe&ion and courfe of perjury, and refill his unjuft violence pretfing and compelling them to a finful compliance. 2. As it is more then probable, that Ltbnah was no better ufed, then were the people of fudah>by this Ty- rannous King , and is aflerted by the Dutch Annot. on z Chen. 21: ic. So whatever this Iyer fuggefteth, it is notour that the King hath perfecuted and doth perfecuteand force honeft people , to follow his way , and apoftatize with him , con- trare to their confeiences and fworne allegiance unto God, and if he add this claufe as an exception , then ( feing the truth of the thing is notour) he fully accords, that there is fufficient caufe given , forany Town in the Kingdome to revolt , which is more then we defire. At length he tells us. That their revolt was finfull. Rut when not only this revolt is recorded as done, but fuch an impulfive caufe and motive is added by the Spirit of the Lord, without theleail hint of any expreilion condemning the fame , we dar not befo bold , as is this Surveycr \ Nor are we fo foolish as to receive his word , contraire to the teftimony of fo many ex- pofitors- Hence we have a ftrong argument : For, if it be lawful for a part of the people , to revolt from a tyrannous Prince . making defeftion from the true and received Religion, and t'orccing his rubied s to a (infill defection and compliance D 4 with 56 Arguments from Scripture Cm III with him in his apoftafy: It mult alfo be lawful for a pan of the people to defend themfelves by force againfttheE- miflaries of a King departing from his faith and forefaking the Religion r vshich He hath fworne toowne and main* taine", fen.t forth by him, or any under him , to force , by cruel oppreilion and violence , them to a complyancc, with his finful way. And the antecedent is cleare in this {lace . 3 . They muft much more condemne' pariah > and th£ fourefcore Priefts who being commended as men of couragp & valour? refilled Vz^tah the Ring,2Ckron. 16: 17. &x. tfayex- felled htm with force , flood agdtnfl him ; the4xx. fay they refifltd him; detmhtoMiteumex eo loco, fayeth Vatahlus\ they forced him forth , and compelled him to goe out; they cmfed iim make hafle , fayeth At. Mont, feftmate exfulcrtmt eum > fay- eth Htenn. When he went in the temple to burne incenfe > upon the altar of incenfe, on fome folemne day ( as iofyhus thinketh. ) So that there is morethenarefiftance of him bywords, as fome Royalifts fay ; even refiftence by force and violence. Hence we argue j if private fubje&s may by force refrft, withftand, and with violence hinder the King I from tranfgreifing the Law of God ; Then may they much : ' inore lawfully rehft him , and his bloody Emiflaryes > when | ' He feeke th to opprelTe unjuftly and to draw people off frpm I ' the wayes of the Lord. If any fay with dott ferae, that be* | I caufeofanexprefleLawofGod, being a leper, he was put , out of the Congregation: Then we fee, that the Prince js fiibjeft tockurcb-ceafme , andfo Subje&s rnay judge him and ! punish him; we fee alfo that Princes were fubjeitto ceremo- nial lawcs, as well as any of thefubjefts; and why not alfo to I the moral Lawes ; and- if becaufe of a ceremonial Lawi the King was to be ceremonially punished , why alfo > for ' the breach of a moral La w , may he not be punished moral- ly? Hence will it undoubtedly follow , That a Princcj rageing and tyrannizeing contrare toall equity and reafon3 may be refilled and his violence repelled with violence , ever. by private fubje&s. Worthy Mr fQ.cx , in his debate with ttthtrgtofin 2 'dtzh iiwirahis"ii;ftance gather; That fub'j eft: not Arguments from Scripture. 57 >ot only may, but alfoougfrt to withftand and refift their P rinces whensoever they do any thing that exprefly repugncs to God, his Law, or holy Ordinance. Luhmgtoun objected That f they were not private Subjects 3 but the Prtefls of the Lord and figures ofChrtH , and fuch have we none this day , to wtthfiand 2Q»gs tf they do any thing wrong. ] He anfwered that though the High Prieft was a figure of Chrift , yet he was a fubjeft . [For ( faid he ) I am ajfured that he , tn his Priesthood , had no prerogative above thefe thatpafied before him\mw fo it ts, that Aaron jj as fubjeel to Mofes , and called htm Lord: Samuel being both frophet , and Prteft , fubjecled htrnfelfunto Saul 3 after he was in- augurated cf the people y Sadoc bowed befor$ David , &C. And whereas you fay j we have no fuch Vrtefts this day > 1 might anf- were , that neither have we fulh Kings this day , as thenwere anoynt- fd by Gods cemmandement , and fate upon the feate of David > and were no It ffe the figures of Christ Iefus , in their ju(t admin's ~ f ration, then were the ?rtefs , tn their appotrJed office ; and fuch I\ings ( / am ajjured ) we have not now , no more then we have fuchPnefls , for Chritl lefus being anointed tn our nature, of Cod his Father •, both lying, priest, and^rophet , hath put an end to all external unclton : and yet I thtnl^you will not fay , that God hath now diminished his graces from thefe wh.m he appoints Am- bajfadcurs betwixt him and his people , then he doth , from t\tngs and princes , and therefore , why the Servants of lefus Christ may not alfo justly with f and Ktngs and Princes who this day no lejfe offend Cods Majefty , then Uzziah did , 1 fee net; unit ffe that ye will fay , 7 hat we in the brtghtnefie of the Evangel , are not fojrraitly bound to regatrd Cods glory , nor his commandements , as were the Fathers who lived under the dat kjhaddoves of the Law. ] And when Ltthmg- toun fayd , That they only fpotg unto him without further violence in- tended. He anfwered, [ 1 hat they with flood bm , the text af- fures me y but that tl.ey did nothings but f pea l^, I cannot un. dtrftand , for theplatne text afftrmes the contrary , V*t+ ?hat tl.ey caufed r.tm haftily to depart from thefar.cluary^yta and 4 was compelled to depart ; which manner of fearing ( / am afiuied ) tn the Hebrew tongue import eth more then exhort$r:g , cr command- trig by word.] And when Letkmgtcun laftly objected that they did that after he was efpyd to be iept om . H e anfwered , [ 7 hey %r.hftood htm lefcre, fmrjet then last fad cenfrmu njj 58 Arguments from Scripture. Cap. III. fo evidently, that fuck as will oppofe themfelves unto it) muft needs op* fofe themfelves unto God • for my affertion is , That Kings have no privilege 5 more then hath the people > to offend Gods Majefty 5 and if fo they do , they are no more exempted from the punishment of the law* then is any other futyeft ; yea , and that fubjecls may not only law- fully oppofe themfelves to their Kings , whenfoever they do any thing that exprefly oppugnes God's Commandement > But alfo that they may execute judgment upon them , according to God's Law ; fo that tfthe King be a murtherer y an adulterer , or an Idolater , he should f*ffer , according to God's Law , not as a King , but as an offender : and that the People may put God's Law in execution , this Hiftory clearly proveth ; forfo foon as the leprofy appeared in his forehead* He was not only compelled , to depart out of the Sancluary ; but alfo he , was removed from all publicly foctety , and admtniftration of the Kmgdome , and was compelled to dwell tn a houfe apart , even as the taw commanded , and gote no greater privilege in that cafe , then any other of the people should have gote : And this was executed by the People -•- £5 therefore yet againe I fay that People ought to execute God's Law , even againsl their Princes , when their open crimes by God's Law defer ves punishment , but efpe daily when they arefuch as may infeel the reft of the multitudes . ] Thus that worthy Servant of God , and hence any may fee , how this paf- fage doth more then confirme what we are now about to prove . 4. They muft much more condemne fuch as arofe againft Amazjahwhcn he turned away from following the Lord, & purfued him to Lachtsh and (lew him there , 2 chron. 25:21. Concerning which I shall onlyfet downe what famous and worthy Mr Knox laid in that forementioned debate , which he had with Ltthington , [ „ The whole people ( fayes 5>he) confpired againft Ama&ah , King of /udah, af- p,tev that he had turned away from the Lord, and followed 3, him to Lachish , and flew him , and took XJztZ'*" an(l ,3 anoynted him King inftead of his father. The people had *, not altogether forgotten the League and Covenant, which „ was jpade betwixt their Kings and them , at the inau- 35 gurationof/0^ his Father > to wit, that the King and the ?, People should, be the People of the Lord, and then should » they Arguments trom icnprure. 59 ,,they be his Faithful fubjecls, from which Covenant, when ,,firft the Father and afterward the Son had declined, they ,, were both punished with death, loas by his ovvne Ser- vants, and AmazjAh by the whole People , vvhenLttbmgc „tcun (faid) he doubted whether they d/d veil cr not. He anivv. „[ It shall be free for you to doubt as you pleafe, but where „ I finde execution according to God's law, and Godhimfelf „ not to accufe the doers, I dar not doubt of the equity of their „ caufe. And further it appeareth to me -, that God gave „ fufficient approbation , and allowance of their fact , for ,. he blefled them with viftory , peace and profperity , the », If ace of fifty two years after ] and when Luhwgt • replyed That pre fpertty doth not alwayes prove that Cod approver h the facts of Men. Heanfwered f„Yes, when the fafts of Men agree „ with the law of God > and are rewarded according to his , ownc promife exprefled in his law , I fay that the profpe- , rity fucceding the faft, is amoft infallible afllirance, that , God hath approved that faft : Now fo it is , that God , hath pronunced in his law , That when the people shall ex- , terminate and deftroy fuch as decline from him , that he > will blefie them, and multiply them, ashehathpromifed > unto their fathers. Butfo it is , that Amtpa turned from >God, for fo the text doth witnefle, and plaineitis, that > the People flew their King , and like plaineitis, that God ? blefled them. Therefore yet againe I conclude that God 1 himfelf approved their fatt : and fo far as it was done ac- cording to his commandement , it was blefled according >to his promife.) And when Uthtngtoun replyed againe rhat he thought not the ground fo fttre a* be dttrfi butldhuconfct- *ce thereupon. He anfwercd ,, [ I pray God that your con- > fcience have no worfe ground then this is , when foever you » shall beginne the like work, which God in your owne * eves hath already blefled*] And if fo fas is very probable) nd learned Altbuf. pot. c. 38. n ic6. is of the fame judgment vith MrK»0*,weneed not trouble the reader with forming n argument thence to our purpofe , the fame being fo ob- 'tousandclearc, thathewno runneth may read it. CAp. fco Our Argument Cap. IV, Cap. IV. Our Argument from other approved in- ftances, and authorities , both abroad , and at home. THispra&ice, however it be now condemned by a ge- neration of perfidious Prelates , and Malignants , ene- mies to the glorious work of Reformation , from the be- ginning* & a company of bafe Sycophants and Court flatter- ers j as an unparallelableaft of rebellion and fedition; yet, as it is abundantly confirmed by precedents in fcripture, as we have feen , fo is it by the praftice of others j whom none, butmenofthefameftampe > vvilcpndemne- and by authorities of Divines abroad and at home, as we shall now shew. And, I. The hiftory of the Mdccabets, mentioned in that flory is a cleare example of private perfons refifting and defending themfelves from the iniquous aflaults of the Soveraigne , or \ his Emiflaries ; for when Ant'mhns Ethanes was compelling \ them to forfake God , and tyrannizing over them , Mat- thtds a prieft , and his fones made open refiftence \ and after- ward Mattathias & thofe with him> hearing'ho w Matthias, out ofanovernice fuperftition, would not fight in their ovvnede- »tr fence , on the Sabbath day , refolving upon all occafions to defend themfelves > their Lives , and Lawes, and to take all advantages of the Enemy , did accordingly aflault them and recovered their Cityes Lawes and Libertyes , fighting many battels with good fucceffe . And ofander Enchtrtd, ssntrov. c. 9. de mag, pol. teftifieth that this was done by the encouragement and aififtance of the Spirit of God. And if any should reject this inftance as impertinent > becaufethey llippofe Antiockxs was not their lawful Supream Magiftrate >| but only a Tyrant without title > let them heare what Gmttn\ de jure belli £J pads lib. r. c. 4. n. 7. fayeth to this i 35 Like 3, unto this appeareth that deed of the Maccabees ; for whereas 53 tome think to defend thefearmes> upon this gronnd, that ,, AntiochnA Prom other Inftances. 61 ^AnUichns was not Kingbut an invader , it feemeth foolish ►jtome, feingin all thehiftory oi the Maccabees } andoffuch P as took their part , they never name Amtochus any thing i, elfe, but their King, and that not without ground; for long o before this, the/ewes had acknowledged the authority of the ,} Macedonians, unto whofe power and place Antmhus did fuc- >, ceed. & as to that that the law forbiddeth that any ftran^er j3 should be fet over them , that is tobeunderftoodofavo- u luntary election and not of what the people might through r> neceility be forced to do. And , whereas others fay that » the Mauabees ufed only the right of the people cm cc*rorep/cc „ debere/tif. Neither is thatfoluie, for the jewes being at firft „ overcome by Ntbnch^tdne\ar , and fubje&ed to him, by ,, the law of warre , by the lame law they did obey the Medts n and Ferfians> who fucceeded unto the Caldeans , and all this „Impire came at length into the hands of the Macedonians : ■ hence it is,that r^f/r;//reckoneth the jewes amongft the baf- i) eft of fuch as ferved thefe s/tfyrtans, Medes and rerftans : 4 Nor did they require any thing by ftipulation from aUx- )>ander and his fucceffours , but without any condition »?gave themfelves up unto their power , as formerly they had „been under the command otDanus. And if at anytime h the jewes were permitted to ufe tjieir o wne rites , and law- u cs , that was but a begged right , which they had through i, the indulgence of the Kings, but not through any impe- rial law. So that there is nothing that can defend the ,, Maccabees but moft imminent and certane danger ] thus ie, i . The conftant practice of the Waldenfian protectants in P/edmonty doth shew that this late practice is not fo Itrange & uncouth > as adverfaryes would give it out to be *, for , they sever had a Reprefentative to be a fcreen betwixt them , and :he tyranny, of their princes , and yet how oftintimes have :hey valiently withftood fuch, as came toopprefiethem, n goods and lives, though cloathed with commiilion from ::he princes > In the yeer 15 80. being perfecuted by the \LordcfTr$nst^ and their popish Soveraignes, theyaiTemblcd folemnely together, to confult how to prevent the immi- nent '62 Our Argument Cap. IV* nent dangers, and after prayer and calling upon God for his grace , and fpint of counfel and direction , they refolved to enter into a folemne mutual Covenant', and to joyn in a League together , for defence of Themfel ves and their Reli- gion, and fo accordingly did aflift one another , in their defence, which they did with goodfuccefle; And that al* wayesfmce, whenever they were aflaulted by the bloody E* miflariesofthe/>«^of Savoy ^ as any may fee fully in their hiitory . So that whofoever will condemne the late de- fence, muft alfo condemne thefepooropprefledproteftantsy who have no other meane to keep them from utter extirpa- tion , but this innocent meane of felf defence > and of repell- ing unjuft violence with violence j for Bonds, Promifes& Covenants binde their Prince , as fuch obligations ufe to binde fome others viz. no longer then they iee it for their advantage. Neither have they any Reprefentative , Prince,' or Noble man , among them , to head their matters ; but meer neceliity puts them to ufe the beft expedient they can , and forcibly to relift their oppreiling Superiours, when they fend to fpoile them of their goods , lives and libertyes. 3 . Some particular cityes in Germany did defend themfel ves againft the Emperour unfitly invadeing their libertyes, and affaulting them, as maybefeen in thehiftoryof Germany , particularly the Cities of Madenburgh and Breme. 4, So in France? the Cities of Montobant and Rochclznd the Ifle of Ret with flood the King , when he was feeking to op- preffe them. And no man will condemne thefeforaftsof rebellion and fedition, unlefie they will alfo condemne our Kings , who , at leaft undertook , and offered to help and ■ ailiftthem. j. It was this oppofitionandrefiftenceof privatperfons I when tyrannized over , by Superiours , that ha»h brought 2c the Cantons oi Helvetia unto that ftate of freedome and liber 4 b| ty, which they have enjoyed for many yeers , and do enjoy *.: this day \ being now a free Republick, as simlems showeth k in his hiftory of that Republick. 9 m (5. But that we may come home, we finde fome remarked | ableinftances of this nature, whichnomaninreafon> who «u: shall From other Inftances. 63 iall condemne this late defence , shall be able to defend : id to beginne with what may be moft recent in our memo- es. In the year 1648. There are two fignal Inftances. he one was that violent refiftence ufed againft theParlia- ents forces at MaxMm- moor. Here was not only a re- ftence , in defence of the truth and caufe of God, then oight to be borne downe and opprefled, by a prevalent Ma- gnant faction in Parliament, without the concurrence or onduft of theReprefentatives of the land,buc directly againft lem : Here was a defence ufed by way of refiftence, by leer privat perfons without the company or concurrence ot ne Noble man; And yet a refiftence that never was con- emned by any , to this day , except ingrained Malig- ants j but was approved and commended highly , by he Parliament anno 1649. the beft Parliament ScotUnd did ee for many yeers. Againe thereafter in that fame yeer 648, The.forces of the weft Countreyarofe in defence of he Caufe and Covenant of God - and that not only without he conduct of a Parliament, but againft their reiblutions. t is true, there were fome Nobles & Parliament men among hem, andcountenancersofthem; butthefe aftednot, nor ouid act , by vertue of any Parliamentary power \ but only is privat fubjects, having , by reafon of their greater intereft .n the land, a greater obligation tolayoutthemfelves, and :o improve their authority and influence in the countrey , for the good thereof, and for the caufe of God. They had it is true, by their places and ftations , greater influence upon :he Countrey , and a greater backing , and fo being leading Tien, were in a greater capacity to defend the opprefled truths ixit all this gave them no publickMagiftratical power, nor put them in the capacity of a real and formal Representative : md yet alfthis was afterward approved,ratified and confirmed by Parliament , as good and neceflary fervice to the countrey, and to the caufe of God, A third notable inftance is that Anno 1639, There was then no publicke civil judicatory carrying on that defence, but Nobles and others, each in their capacity, and according to their power, concurred, for the promo veing of that neceflary work of defence. They did 64 Our Argument Cap. IV. did not a£le under the notion of any fuch judicature , nor did they aiTume to themfelves any fuch power and authority It is true , there were then a great number of Noble Patriots | and renowned Nobles , who laid the work of reformation tc hear^and laid out themfel ves to the utmoft of their power fot the fame, and becaufe of their concurrence? the work was th* more feaz ible and eafy to be carryedon; but Ithinktheftrefle of che la wfulnefle of that defenfive warre, did not lye wholly, upon their shoulders; fo that if they had withdrawne", all the reft of the body of the land, had been bound in confcience, to have deferted the fame alfo.lt is true,it was of great advantage unto the caufe , that God ftirred up the fpirit of the Nobler to owne the fame ( and is fpalwayes) upon many accounts,- and their concurrence had its owne auxiliary force, tojuftify theinterprife, for ahimdans caatcla non meet: But I remem- ber not that the lav vfulnefle of that defenfive war , was ftateo only or mainely on that particular. It is true? They are Tftmores Regm be vertue of their particular places and fta- tions , and be vertue of their eminency over others , and power by reafon of their eminency \ and fo are engaged & beyond others , to fee to the good of the Land , and of Re* ligion , for the goodof the fouls of fuch as are under them, and on whom they have or may have influence ; And , be reafon of this, may authoritatively even as fuch, do man) things, when there is no other conftitution of a Supreme Re- prefentative: But when a conftitution of a Supreme Publick Reprefentative is condefcended upon and fetled , it is certanei they cannot feparatly, yea nor joyntlya&in the power and I capacity of a formal Supreme Reprefentative, but when they fc are, with others, conftituent members of that Reprefenta- ro tive; and out of that Reprefentative (unlefife by power and I commiilion from it) they cannot aft judicially , orauthorU ^ tatively, nor in any other capacity formally , then as private i perfones , though as perfons of greater intereft, and share in the Commonwealth, and fo under greater obligations^ both by the Law of God and of nature, to oeftirre them. t felves more effe&ually for the good of the fame; and as per | fons of greater influence and conduit ; yet ftill ufidei v the " From other Inftances. 65 he notion of private perfons, private perfons Imeane, as >ppofite to perfons cloathed with publick authority and Parliamentary power. I grant they are borne- Heads and Magiftrats of the Countrey , as being in eminency above others , and as being by birth, conforme toourconftitu- :ion, borne-Members of Parliament, and fo in petextta frox- ma7 and in a nearer capacity then others are, to vote and iftein Parliament: but ftill I fay, confidered out of Par- liament, or when there is no Parliament, they cannot ex- erce any Parliamentary power., conclude or determine any :hing of that nature , more then others : It is a truth alio , :hat they have, by re3lbn of our hw and conftitution, a Magiftratical power , limited to fuch and iiich caufes over fuchand fuch particular places \ but that is only an inferiour, tnd fubordinat civil power, and cannot extend beyond that imited bounds , more then the power of Magiftrates nBroughs, or Sheriffs in Shires, or Baylies in Baylierves, >r the like , and is no part of that Magiftratical power which s commonly called the power of wane'. Y grant , that hey and all other infep'our Magiftrates, are tofeektopro- nove the good of the whole land, andtoconcurre, accord- ig to their power , for the fame, even becaufe of their in- ereft and share of that fubordinat power : But they cannot ft under that notion, nor do any thing be vertue of that articular power , nor exerce any acts thereof , out of the ounds of their feveral jurifdiftions ; But alltheydo, is by ertue of that fundamental power belonging to all the mem- ers of the Commonwealth , according to their feveral laces and relations. Hence therefore it it cleare, that our vorthyes then a&ed not , as a publick judicatory, or as ublick perfons cloathed with publick authority. So that vhofoever shall condemne this late aft of defence , upon the :count , that it was managed by meer private perfons , muft fo , in reafon , condemne that which thefe worthies did ; id foconfpire with the Malitious Malignants , ingrained wickednefle , and enmity to the way and work of God. fourth and laft inftance, is th.it of our tirft reformers in iC dayes of Mr. i{pox: for , at the beginning of there- L for- 66 Our Argument. Cap. IV# formation , there were but very few Nobles , who concur- red, as Mr. i(pox teftifyed in his fermon Nov. 7. i 759. in. thele words [when we were a few in number > in eomparifon of our Enemies, when we had neither Earle nor Lord (a few excepted) to comfort us, we called upon God, and took him for our protestor , defence and only refuge.] And, in the following words , he sheweth that it fared rather better with them , then worfe, when they wanted the con- currence of Nobles : For, fayeth he, [amengfi h*w and to the ouci pur fate cf the tyra;?n:cal enemy ; but fmce that our number hath htm thm mtdtiplytd , and chiefly fmce the Duke with his friends hath been jcyned with us , there was nothing heard , but this Lord will brixg thof&many hindered fpears , 7 his man can perfwade thu conntny , if this Earle b$ ours, no man in fdeh bom is will* trouble us : And thus the be ft cf us all , that before felt God's potcnth hand to cur defence , hath of late dayes put flesh to be our avme^ A ndjc as Mr. i(xcxizL&i fo ic was > much of their bufinefle wash carryed on without the concurrence of many Nobles. We •• hear of no nobles with the gentlemen of the weft , when $ they came from the border to the Queen, and when lames chal q, me rs of Gaitgtrth faid to her ( when they had heard . that she f: had catifedfummon the proteftant preachers) (Afadam,weknov ^ that this is the MaLce cf the jewel Is , and cf that bafiard ( meaning the Bishop of & Andrews ) that (iandcth byyow, but we shall ma^ Jn a day cf it. ihey epprefft ws , and mr tennants , for feeding and that the cruel , unjuft, and moft tyrannical murther intended again ft Ton ns and to ulii- tudeswasandts the only caufe of t'eir nvAt from their accustomed :btdience. J And when they wrote that other unto the Nobi- lity 5 wherein they faid (By your fainting and extracting cf ycut fupport , the E* emits are encouraged , thinking that they shadfinde no rejislcncr : m whtchpjynt y Cod willing % they shall be deceived , for tf they were T en thou fan I , and we but One thou fan d > they fkall not Murther the leaf if our brethren.'] From all which > and from the whole ftory of thefe times, it is undenyably apparent, that they a&ed for the defence of the truth , and of their op- prcfTcd brethren , and for the carrying on of the work of reformation, for fomeconfiderable time, without the con- currence and condud of a Parliamentary Reprefentative. From all which Infhncesof our predeceflburs , I would lave thefe things obferved. 1 . 1 1 is reirrarkeable That when God was to beginnc any work of reformation in our Land, whether from Popery or Prelacy , the powers then in being , were (landing in a •tated oppofition thereunto* This is notoure both in the iayes of Mr Knox> & in the yeer 1639. King, or Queen, and Counciles were ftated againft it, and oppofeing the fame, /vhat they could. 2. The only wife God , who is wonderful in counfel > ind excellent in working, thought fit, not to beginne with he Spirits of the Powcrsin being , tocaufethem firft appeare or the work \ but thought it more to his honour and glory , o make ufe of foolish things to confound the wife j and of veak things, to confound the things that are mighty ; and ife tjiings , and things which arc defpiied , and things E % which 68 Our Argument Cap. IV. which are not, to bring to nought things which are. Ic ieemed good in his eyes , who doth all things after the counfel of his owne will, toimploy theleaftot the flock ii> that bufineiTe according to that word let. 49. 20. ^^50.4^. and to raife up meane , and contemptible inftruments , that the work might more confpicuoufly appearetobehis, and. the glory thereof redound to himfelf alone. 3. As -they would have been glade, ( had it fo feemed good in the Lords eyes ) if the ftanding Reprefentatives , would have not only concurred and countenanced that work, but would have , according to their places , led on the valine, and shewed themfelves powers appoynted for God and his glory, byexerceing the power wThichGod had put- into their hands , for God and his intereft ; So the want of their encouragement and conduft , did not, in the leaft, brangle their confidence of the lawfulneiTe of their interprize, orfodifcouragethem, as to give ovej: their work, asdefpe- rate and hopleiTe. 4. Nordid they ever afiumeto themfelves any authorita- tive and Magiftratical power , to legitimate their actions ~ as if they had thought 3 that without that formality, their refolutions and motions had been condemned as unlawful in the Court of God , and Nature : but walked upon the P ground of that fundamental right , granted to all both higher and lower , to maintaine the Truth 6f God, upon all hazards, and to Hand to the defence thereof , and ofj1 themfelves, when unjuftly perfecuted , becaufe of their adherence thereunto , according to their power , and as God in his pi o\ idence called them thereunto. 5. Nor did their adverfaries objefting, that their afliens vvere treafonable and feditious , as being contrare to autho- rity and efhblishedlawes , fear them from their purpofesj in the leaft, having the teftimonyofa good confeiencewithj in them , that they had not the leaft purpofe or projeft , to I caft offlawful authority, or to diminish it *s juft right andj power; and knowing that the Povas out of whatever prin-j eiple , and upon whatfoever motives, relinquishing theirj duty, and oppofeing that truth and way, which by thekj places! From other Inflances. 6^ places and callings 5 they were obliged , before Cod , to maintaine, preierve , and promove , did not loofe their obligation , and exeem them from that duty , which God and nature had laid upon them- but rather did preflerhem to profecute their bufinefTe more viguroufly , as feeing the neceifity much more urgent, and the difficulty fo much the greater : And knowing that whatever lawes are iqa in a Chriftian Common wealth , should be for the glory of God , and the good of the fouls of the fubjefts mainly, and for their external welbeing only in fubordination unco thefe great Ends ; and when the obfervation of the ftrick letter of the law , did crofle the maine good , which princi- pally dt jure they aimed at, they were t$ tpfo> in fo far, null and voyd before God ; becaufe it alwayes holdeth good , tLu tt ts better to obey God, tkn Man , and mens commands or la wes , unto which obedience cannot be yeelded , without con- tempt of , and treafon committed againft the Higheft of all , who is King of Kings , are as no commands before God, and difobedience unto thefe , is no difobedience unto the lawful authority , but faithful allaigance unto themoft Supream. 6. Thefe poor weak beginnings , how bafe and con- temptible fo ever they appeared , yet God was pleafed , when the time to favour Ztm was come, fotoowne, coun- tenance and profpere, that the fame work at length came x>beowned, by PublickReprefentatives, and Parliaments, yea and the Kings themfelves were brought to a publick awneing and approving of the fame. And who knovveth , but, iPGod had thought good to blefle this late aft with fuc- ccflci it might have been followed with the like confequent I But his time was not come. 7, Jtisalfoobfervable, That whatever difafter, ordifap- poyntment they did meet with, in profecutionof the Re- formation, and in the prefervation and defence of .them- i, in the ovvneing of the truth of God ; though it put :o niourne for their iniquities before God , and to j*nong other finncb , their too much relying ttpoa cl of flesh j anduotreftingwichapure faith on 1 j his , p 70 Our Argument CAp. IV; his power and protection; yet it never made theinqueftion rheir call, or iufpeft the lavvf ulntfle of their work and bufi- nefle, as toitsfubftance, and end: for they knew well, that the work was the Lord's and that their call was divine, though for his owne holy ends , that they might be more humbled 5 and taught do depend with a fingle heart, on his word and promiie, and to purge out fuch^evilis as provok- ed the eyes of God's jealoufy ; he fuffered them to fall 8. When the work came at length to be owned by Par- liaments and Higher Powers, what was formerly done by perfons not in that capacity, was not condemned either as unlawful or illegal , nor did the valient aft orsftand in need ofanyindempnity, as if they had been tranfgrcflburs \ buc all was either virtually or exprefly approved: and the wor- thy aftors praifed and highly commended , as indeed they did defer ve.' 9. None ever condemned thefe actions as treafonable and rebellious, but fuch as were knowne to be real and heart- enemies to the work it felf; no tongues were everloofect {1 againft them, except the imbittered tongues of iwornead- verfaries, ingrained Malignants , Enemies to God and god- Iinefle, & haters of the power of it. Thefe and none but thefe who are of their father the devil , durft condemne the fame. J And many hollow hearted profeflours (among whom thisjfe Surveyer deferveth toberekoried) were forced againft their fa hearts, to approve of the fame Stjoyne in with the favourers |jf redeceffours, andfpevv out his venome, like another adder >f the fame fpavvne ; yet the overruling providence of 3od, hath fo curbed him, thathegotenot liberty to run the :ull length he would, and therefore he fayes* \Wttdmofj*Qi- ry all courfes that were ujed th:nfor earrytng on the w:r!^ if fcfima- 'ton~] and againe [if fometnjlrwnents thereof were g*dtj of fl 'tony cr ftcr/lege , cr felf 'faking and againe \jffinfidc9* were then ufed by men ) and againe Pag. 119. \Lctm*9* ft and. fuperfntiotifly ufon the l^ftfytng (fall thetr deeds n Who fees not :his wicked mans Mouth bridled, by the refiraincing power &f God , fo that he cannot , he dar not , plainely and ex- prefly call thefe courfes feditious or rebellious ; butcometh on with his ifs and tf fine tnftwments , and all tkesr ctmfts c.t>:- i*t be yifeified: as if, in the mod laudable work , to which nen might have a moft cleare call, fome accidental or cir- :umftantial a&ionsj might not abide theteft: and as if among 1 company , fome might not have by-ends , while a good rvori; was laudably and lawfully , as to the maine , carryed 3n. Ay, but this good man, you will fay , is mighly n 4ove*with the work of reformation , and blefleth God for t Pag. 118. 1 19. True, we finde him fay fo in words, :>ut God knoweth his heart: But is it not ftrange, that ince, he fayeth, he approve th the work, he will be more Mmde then was that poor man in the gofpel whom he men- :ioneth, who had his eyes opened loh. 9. for that blinde man, lid fee a divine power in the work wrought and laid v. 33. if this man verc?:ot cf u A he c aid donotht.?g, and will lot only, not fee the mighty hand of Gcd in the inftrunients, jut tefls us , he is not much concerned to enquire. But what leederh him much doubt of a divine call, confideringthc firorkit felf it's end& the direct tendency of the meases unto :hLs end? & the real & christian intentions, of the iniiruments, which he will not fee in the inftances he bringetb viz. of the wicked hands crucifying Chrift , ofpropha-ie and unfaithful Miniflers pre.iching, of a leprous hand foweing feed, of >f fornication and adultery? Why then dptii he ad.: (b impertinent 1 Wil he pioclame himfelr E 1 a too! 72, Our Argument Cap. IV. a fool of the firft magnitude in fo doing? Ay, but he would have us following the practices of the primitive chri- ftians , who never ufed any undutyful refiftence to , or violence upon the Magiftrats , rather then the precedents in thefe -dregs of time. But why will he not follow their practi- ces himfelf? Was it their pra&ice to abjure a lawful Co-! venant fvvorne for the maintainance of the Truth ? Was it their practice to renunce their former profeilion, andturne Apoftates from the truth, which once they avowed? Was it their practice to turne their back on Chrift and his intereft , for the wiir of creatures , and for a meafe of pottage > Was it their pra&ice to change their Religion with the court I Concerning the pra&ice of the primitive chriftians , in this poynt, and how imitable we shall fpeak afterward. If thefe were the dregs of time, wherein there was fomuchfaith- fulneffe. Zeal, conftancy , piety, finglenefle of heart, contempt of the world , what dregs of dregs of time are we now fallen in , wherein there is fo much infi- delity, atheifme, perjury? falshood, lukwarmnefle, incon- ftancy , imbraceing of this prefent world , and all fort of wickedneife andprophanity i [ But ( fayes he , Pag. 119.) Itt it befo thai much of the way of thefe , who were at firft inftrumen* tall tn the ne fir mat ton in this Land> were jufl/fiable upon the account oj f urging the Church > from the horrid grojjhejjeof idolatry 9 corruption of doclrine , tyranny and ufurpation over poor foullt wherewith the man of fin , had for many ages defiled and burdened the poor Church ; and upon the account of the open hoflility to the truth > where' in Magiftrats then ftood , together with the infringing offorraigne fu- rious forces upon us , even to the heart of our L and ; How unitize wot the cafe then , to what it is now t and how unable is the cafe now u be are the burthen of a condufion for fuch praflices as then were ufed * j Anf». But truely wife judicious Men will not fee thecaft then , fo far different from what it is now , as that the caf< now shall not be fd able to bcarc the burthen of a conclufiot for the fame practices ; Seing there is , this day, as mucl horrid groflhefTe of idolatry in the Land , as hath been at an; time , thefe hundereth yeers : And , as for corruption 0 do&rine, alas ! \yho doth not heareit, and fee it, tha hearet1 From other Inflances. 73 beareth thefe locuft - curates preach downeall piety and god- lineffe , and harden people in defc&ion and apoftafy rrom God? It is as great a corruption in doctrine, as needs to be, to pervert therein the right vvayes of the Lord , & to lead people into the broad way which leadeth unto definition: againe, what greater tyranny and ufurpation over poor fouls would he have 5 then is now exercifed, fince the perjured Prelates the kindely brood of the Man of finne , have defiled and burthened our poor Church. The apology and Naphtaly have abundantly manifefted and dayly experience confirmeth it , That the tyranny and ufurpation is infupportable , and as grievous , as it was then. Moreover , is not the open ho- ttilitytothetruthasmanifeftintheMagiftrats, this day, & as legible by fuch as run, on all their atts and aftings , as it was then ? whofeethnot this, but he who can not fee the wrood for trees j And as for the inbringing of forraigne fu~ rious forces , into the heart of our Land , It were needleffe > feing we had raifed up in our ownebofome, as cruel , bloo- dy, mercyleffe, furious and mad forces) as any forraigners could be , or thefe were \ wherein Iyeth the difference then? O (fayeth he ) [We can avow it, in the pre fence of God , that we contend for that fame Faith and Religion , that our predeceffours flood for y againtl tee Powers of that time : and will mamtame the fame , again ft all Kovators , who upon account of a pteje of Church order ( allowed by cur Reformers} new reeftabiuhed^ in frigate any pri- vate verfons > who have poxer enough > to deftroy all Mag/ftracy and order in the Land , becaufe of the owning thereof. ] It is not much matter what fuch men, fay, they can avow in the prefenceof s God, who have openly and avowedly broken their vowes , 1 and renunced that Covenant , which they (Wore oftincr then I once? with hands lifted up to the Moft High God. No : wife Man will think that fuch will ftoutely contend for ! • the Faith and Religion , who have renunced all faith and Religon , and abjured thefe Covenants , which were ftrong bulwarks , to guahd and defend that Faith and Re- ligion. Ay j but he will maintaine it againft Kovators, as he callcth them . That is indeed a new way of maintain- ing truth, to maintain it againft fuch as ftand for the defence cofi and all the bulwarks thereof againft him and his E f frater- k 74 Our Argument Cap. IV. .fraternity, who are difmanthng the walls, undermining them/ # -opening the gates to adverfaries Sdntertaining them kindly in * fc £heir bofome. He fpeaks an untruth, when he fayes, that the fc Reformers owned fuchaChurch order (ratherChurch-bane, ;* and Church - confufion ) as thefe worthyes are now con- tending againft , and is now re-eftablished . So when he fayes , that thefe Novators , and that Kaphtaly do inftigate any .private perfones , who have power enough , to deftroy all Magiftracy and order in the Land > and to occupy their a Roomes. We hope there shall be a Magiftracy and good order , in the Land , when that abjured Hierarchy , the bane of that Church and State, shall be utterly abolished) with all it is adherents . I muft not let that pafle which he hath ^£.119. [Some (fayes he) havefatd, Religion would | never have beentef or med$ if •violence had net been ufed upon Magi- ftrates : But why should men take on them to itmite uod i Hath he not shewed his power tn fever al parts of the world tnworknigon the' W hearts of the Supreame Magi ftrates , and caufing them to goe befof others m reformation ofabufes?) Anfw. We know no violence* xvas ufed then upon Magiftrates, only with violence the godly withftood the unjuft violence of Magiftrats, fo as theygote not their furious purpofes executed: we shall be far from limi- ting the Holy Oe of Ifrael , & therefore dar not fay , but he ,hath moe waves then one, of bringing about his holy pur- pofes : And , as at the firft fpreading of the Gofpel , it was not his way , to work on the hearts of the Supreame Magi- ftrates, and caufe them to goe before others, in the reforma- tion ; fo a way may be his way , which is different from that way, whereunto he would Itmite the Lord. We do not to be bold in ante- verting From other I nftanceS, * > and other noble Reformers , who a ftive- y beftirred themfelves in this matter, then , and of late : Yea hey shall condemne all the Prayers , Teares , Sighs , 3roanes , Faftings , Supplications , and other fucrf like neanes, as were ufed in thefe exigences: Which guilt, wife Men will v ell advife , ere they take unto themfelves. The nexr thing is to adduce fome authorities, rareus on the ^am. cdf. 1 3. dub. 4. Hath this fourth propofition . ,, [ k >is lawful for private fubjects , if the Tyrant let upon j them as a robber, or a ravisher, and they can neither ob- • taine help of the ordinary powers, nor shun the danger, >in that prefent exigent , to defend themfelves and • theirs, againft the Tyrant , as againft a privat Robb.r. \ i. Becaule, againft whomfoever a defence is lawful by the ijhelp of Magifkucs, againft the fame, privat defence, »in *7 lawful. . 2, Becaufe if we take a way bothpublik and pri- I j, vate defence , againft the cruel rage of Tyrants , the 1 >, boundleflelicentioufneffe of Tyrants should be ftrengthen- ,t; 35 ned , & hereby the civill fociety should be openly deftroy- L „ed, yea and chiefly the Church; becaufe the mod wicked i 5,part should deftroy the better. But without doubt , the | „ Law of God doth noc fo eftablish the licentioufnefle hb „ of Tyrants, as that thereby, humane fociety, should be I 3,deftroyed. Therefore, God doth not forbid, inallcaf- ^ 3>es, refiftence to Tyrants opprelling people in their lives, I ?, and faifty, to fatisfy their lufts. ] Thus He. But it ^ may be,OurSurvcyer will reckon him in amongft hisPfeudo- • martyres , becaufe his book was confuted by a Hangman fc and a fiery fagot , at the command of King lames : Yet , t both the book, and the Author are in great efteem with the fc reformed , and his praife is in all the Churches , and what-, ^ ever come of the book his reafons ftand firme and valide. In L theHiftoryof our Reformation, ^.397,398. (edit, in E 4 to Edtnb. ) wre finde that lohn i(nox had the Apology of ^ Magdeburgh fubfcribed by the Minifters there , declareing | the defence of the towne againft the^Emperour , to be molt. l: juft and lawful, and offered it to Secretary Litkwgtoun > whd I then was difputeing againft him, to read. And having now made Mention of Mr. Kpox , what was, 4. his judgmentin this poynt, that hiftory doth abundantly de- c rnonftrate. His words to the Queen are remarkable (fee hi-,n ftory of Reformation , Pag. 317.) When she asked himif he, ^ thought, That fubje&s having power might refift their ^ princes : Heanfvvered,,[If princes do exceed their bounds, j „ and do againft that, wherefore they should be obeyed,, j „ there is no doubt , but they may be refitted , even by powerj ^ „ for there is Neither greater honour \ nor greater obedi- ^ 5,encetobe given to Kings and Princes, then God hath t ,, com- From other Inftances^ fy , commanded to be given to Father and Mother. But fo i* vis That the father may be ftricken with a phrenzie , in the > which he v\ould flay his owne children : Now if the children arife, joyne themfelves together > apprehend the .father, take the iword or other weapon from him, and > finally, binde his hands, and keep him in prifone, till > that his phrenzie be over- pall, think ye Madame (faid he) 5 that the children do any wrong, or will God be offended , with them that have flayed their father from committing 5 wickednefTer It is even fo with princes that would murther > the people of God , that are fubjeft unto them : their > blinde zeal is nothing but a very mad phrenzie , and there- fore to take the fvvord from them, to binde their hands, , and to call them into prifone till that they be brought to a , more fober minde , is no difobedience againft princes , buc , juft obedience , becaufe it agreeth with the word of God) hus he , who knew not what is was to feare the face of any vreathing , in the defence of his Mailer's caufe and intereft : nd was an eminent ditine, a holy Man of God, living in lear communion with God, and was far above the repro- ches and calumnies of his adverfaryes. And it is confide- able , that this was a particular which he had frequent occa- ion to be thinking upon , and no doubt , this holy Man rvould be often reflecting upon the matter , and upon his >wne judgment ; and confulting God and his word there nent, that he might know whether his grounds were fuch, she would not have caufe to be ashamed of ,' when he was to appeare before his judge , being oft called to hew his judgment concerning that matter : And his ronftant pra&ice being confonant thereunto .• And yec rve never finde that his heart reproached him , for naintaineing any fuch opinion, while living, or while lying, nor did heeverchange his judgement thereof; jva > K>t when the maintaining thereof might have been a fuf- Scient ground of an accufation: and doubtlefle he would Defore hand examine, if he would lay downe his life upon uch a ground, yet conftant was he in that, coft him what ,t would, or could 3 he was no changeling, nor had he fa drunken ^8 Our Argument Cap. IV; drunken in truth. Yea in the end.of that conference vvitfr Lsthmgtounhe told them that he was not only fully refblved fi inconfcience, but alfohad heard the judgements of the moft \ godly and learned that he knew in £*rope in that particular, (1 and in all other things that he had affirmed [/came, Ar.no 1554- by Thomas de Fmtla Reftor of the Uni- verfity, and approved by vimemttm de Placenta as agreeable both to the law of God and man viz. [ 7 hat all Rulers be they Supreame or infer tour, may £5 ought to be reformed, or bridled > by them > by whom they are chofen or admitted to their office , focft as they breal^ that promt fe made by oath to the.r ftAje&s \ becaufe that the punce ts no lejfe bound by oath to the Subjecls , then the Sub jecls to the Princes & therefore ought it to bt peeped (5 n formed equal* ly according to law , and condition of the oath that ts made of either party] and when fome faid that Bonnoxta was aRepublick. He anfwered [ My judgement ts that every Kjngdome is , or at leaf} should be * Commonwealth , albeit that Every Commonwealth be not a /(jngdome : and therefore I thinly that in a Kingd me , nd IcJJe diligence ought to betaken > that lawes be not violated , then in) a Commonwealth \ becaufe that the tyranny of Princes who con* ttnue inaKingdome ts mere hurtful to the fub] eels > then ts the mi f government of thofeth^t ft ^m yeertoyeer are changed , tn free Commonwealths ; but to affure yaw and all others , that head was diluted to the utter-mo ft ^ and then m tle end , was concluded , That they fpo^e not offuch things as were done m diverge K/ gdomes and Nat 'tons , by Tyranny and negligence of people 5 but what ought to be done mall Kingdomesand Commonwealths, accordmgto the lav of God , and unto the jufl lawes of Man : and if by the neglige :ce of the People y by the Tyranny of Princes , contrary lawes have been made , yet may that Same people, or their poflertty jttslly crave all things From other Inftances; 79 tings t$ be reformed ace or ding to the original tuft it ut so* tfl(jngs and Commonwealths j and fuch as%tll not do fo, defer ve to ease thefrute f their ovnefoolssnefje. thus he: feQyHift.of Reform. Pag..$99-$CQ. Edic in 4. Yea this was the judgement of all the reformed ireachers at that time, as we fee witnefled by the Congi ega- ion> vindicating the doctrine of their preachers, concerning >bedience to be given to Magiftrats, in theie words (fee Vift. of reform. ]?agm 184.) [ In open audience they declare the ait- horstyiof Prsnces and Magsfi.r ate stole of Cod, and therefore they af~ ?rme , that they ought to bt honoured fea>ed and obeyed , evenfov jmfctence fal^e , provided that they command . nor require nothing txprefly repugning to Cod's commandement , and plasne will re* vealed in his word. Moreover they ajfsrme . That if wscked per [ones tbufcing the authority efabltshed by God y move Princes to command things mamfefly wicked, 7 hatfuch as can & do bridle the inordinate appetites of mtfled princes, cannot be ace u fed as reft fieri of the autho- rity which 11 God's good ordinance. To bridle the rage and fury of mtfled Princes, in free Kwgdomes and Realmes , they afitrme it ap- pertained to the Nobility fwurne and borne Counsellors of the fame } And alfo ( NB ) to the Barons and People: whofe votes and confentt are to be required in all great and weighty matters of the Common - trcalth j which if they do nor , they declare themfelves criminal vith their mtfled Princes , and fofubjeel to the fame vengeance of Cod vhich they defer ve^for that they pollute the fe ate of]uptce} and do> as ift were 3 ma 1^ God author ofsntqufty.~^ Thus we fee this lace practice is not without laudable and approved procedents , nor vvanteth it the approbation of the valient vvoithves of our land, vvho if they were living this [day , vvould fet to their feal to this truth , and be ready to feal it with their blood * andtheteftimony of one Mr. Kjtox , is more to be valued ? then the contrareaffettions, of all the perfidious Prelates in Butane , and of all their underlings, yea then of all the time-ferving , and men-pleafing court parafites, vvho firft have debauched theirconfeiencesintoa Uupide filence, and their judgment into the atheiftsbeleef that there is no God > and then devout ed foul , body , religion and all > unto the luft of a Gnf ul creature, Cat 8o Arguments from the Cap. V; 1 .C a p. • V. Of the Peoples power, in ere&ing Go- vernours : and feveral Arguments thence deduced. t WE Shall willingly grant? with the SnrveyerVag- 1. That God hath made man a Rational creature , and fit for fociety : And that God hath appoynted , befides oecono mical focietyes , the coalition of people into greater bodyes, confifting of many family es under one kinde of government and political head , for their mutual good in their neceifities J and for protection of the whole body, and every Member thereof: That Magiftracy is God's ordinance, he having ap* poynted Superiour Heads and Governours , to rule thefe bo* dyes that they might be preferved from mine and deftruction: fc And that he hath put this inftinft and di&ate of reafon into all ; Co that even barbarous people are led together into fucrt !>olitickaiTbciations, under their Governours, fortheirfub- iftence in general > for the mutual help one of another, and j fc for the protection of the weaker againft the injuries of the1 *) ftronger: And therefore we willingly fay with worthy O/- tt vm Lib. 4.. fxft. r. 20j §• 4* That [ Nullijant dubtum efle debet f qumcivilx^MeHa*} vccattoftnonmodo coram Deo ftxcla & km *• gttima> fed facer r'tmaettam, (Stntotamottdium vita , longeom* li mum konefl/jfima. Yet as to the right underftanding of the peoples intereft in ii the conftitution and ereftbn of civil Government, and of in civil Governours, unto whom they fubjectthemfelves, wch » would have thofe Particulars considered. 1. It will be readily granted, that therewasatime when p fuchpeople, as are now imbodyed in a politick ftate, wereU notfoimbodyed; but were either living feparatly in a wan- I) dering condition > or by providence call together in one E place, and cohabiteing together, and throw procefle of * time, increafeing in number , and filling that place of ground i i with their pofterity and ifliie; in which condition living with- k out peoples power in Ere&ing G o vernours. 8 1 it any eftablished civil order common to all , every one w to his owne matters the beft he could , and governed lefe, according to his beft advantage , having no other w to fquare his actions by, then the moral law, or law of iture. 2, Among this multitude or company, while in this con- ition, there was none, who by birth, or any other lawful lame, could challenge to himfelf any civill dominion, ower or authority over the reft, or could exercifeany Ma- iftratical power, whether by makeing civil lawes, orby securing the fame. I fpeake here of a civile power , for I eny not, but in that condition , parents had power over leir children , husbands over their wives , matters over their xvants; and, infomerefpeel, the Klder might have had >me power over the younger, the more ftrong and power ill over the more weak, the wifer over the more foolish id ignorant, and upon that account, a fort of natural prehe- linence : but this neither did, nor could intitle them unto a ivil fuperiority , and civil Magiftracy over thefe , farrlefle ver all the reft. I grant that even in that ftate of affaires, ome being endued of God with gifts and qualifications eyond others , and fo more fitted tor Government , then thers who wanted thofe advantages , might look liker le perfons , whom they ought to pitch upon and call for thaC 'ork; but notwithstanding of thefe enduements and a- ilityes , They could not upon that fole ground , lay lame unto Soveraignity , and aflume unto themfelves X .vil power and ju'ifdiftion over the reft: fo that as to any \ual , and formal right unto Magiftracy , and fuprcam go- rnment, all are by nature alike, though not alikequali- id thereunto, and fo, not in alike neare capacity for re- rption thereof". This, I fuppofe, will not need proof j icelam herefpeakingof the fiift, and moft undoubtedly wful , and ordinary conftitutions of Commonwealthes j id abftra&ing from that queftion , What Magittraticat >wer he may have , and aflume to himfelf, who tranfporteth d erecteth colonies ; as alfo , from that queftion , what lc or right to government, pure conqueft by amies, or a F lawful Si Arguments from the Cap. IV. lawful conqucft upon a lawful warre, may give, as being of no afHnicy with our cafe , though this Surveyorbt pleafed now to account us little better then a conqueft, of which afterward. 3 . When a multitude in this condition , do aflbciat to- gether, and considering , through the inftinft of nature, Jiowneceflaryitis, that fome way be condefcended upon > for the common faifty and prefervation of the whole body from forraigne adversaries, and inteftine divifions, and for the laifty and prefervation of every one in particular, from mutual injuries, anda&sof injuftice, dothinkofeftablisrwjR ing fomecivil government and governours , we cannot ratio-joi r.aliy fuppofe , that they goe about fuch a buiinelTe of mo-> roent, rashly, brutishly, inconfiderately and irrationally j If; reafon teach them that a government muft be erefted , for. their wel being, and move them to thinkof falling about it y\% we cannot rationally fuppofe them to afte in this matter irra- i tionally , They being, rational creatures, & not a company j of brutes , and through the inftinft of reafon taught k that this was a bufinefle both necelTary and of great con-; p eernment, cannot but be fuppofed to aft rationally inthi$;i matter. 4. Ic will not need much difput to prove, that by this con- rf ftitutiori of a Policy , and of Politick Governours , they kj should not be redafted unto a worfe condition , then that was* fc into which they were , before the conftitution was conde-f fe fcendedupon} farr lefle can it be fuppofed, that bythifc&i change they enjoy no more the common privilege of rational & creatures , but degenerate into beafts, or aredeprefled into 101 a condition , equal unto , if not worfe then that of beafts* « Sure it muft be granted that they remaine Rational creatures* fa and that Rational Creatures would never rationally yeeU i unto fuch a change as should deteriorate their condition , lei fe bebrutifythem, or make them rather choofeto bebeaftsifcp And that fuch a change into a civil ftate , if accompanyed f, with fuch confequents , could never be the inftinft of pure 7 nature ; nor can we fuppofe , that fuch a thing can be the ||; ordinance of God? appoynted for the good of mankindaL The-r Peoples power in ere&ing Govern. Si therefore this muftftand, as a firme truth , that the condi- tion of a people modelled into a civil ftatc , is not vvorfe then t was before , but rather better. 5. It will be nolefle readyly yeelded, That fuch , one or nore , as are chofen by the Community, to act the part of Magiftrates , notwithftanding of that change made in their :ondition , abide men of the like pallions and infirmities witli ihe reft (yea and fub ject to moe temptations and fo in greater uzard to mifcarry, then formerly ) 7 his change doth not rranfrorme them into Angels , or put them beyond the •each of injuries (as all will grant ) nor beyond a capacity )f doing injury , even to thefe over whom they are fet. No lumane power can fet any above God's Law, orloofehim rom the binding power thereof: and till this be; or They >ut of a capacity of tranfgrelling God's law ( which no hu* nane aft can do ) He Or They are ftill obnoxious to the (in >f injureing their neighbour, and tranfgrelling the law of ighteoufnefle , no lefle then others ; 6 It is Left to the People, in this cafe , to condefcend pon what forme of government they think moft expedient* nd moft futeablc to their temper , and to the condition pro- idence'hath caft them into , whether it be Monarchy or A- ofticracy or Democracy, or a mixed kinde: for though Cod nd Nature hath inftituted Government , yet not having ctermined any one firme, to be the only lawful forme; 'eopleare at liberty to walke here upon rational grounds , ad toconfult their owne advantage , next the glory of God; xl to make choife of that, which, all things confidered > romifeth moft probable felicity unto them ; and of the fe- eral formes or Kindes of government, (all lawful in them- klves ) to pitch upon what Kinde they think moftexpedient id conducing to their ends. Thisis aflenteduntobyall folitians : andfo it followeth, That it is meerly from e People , that this forme! and not another is made choife 7. As neither God nor Nature hath determined the par- :ular forme o\ government under which Men muft live> « hath left it, as was faid, to their free choife ; fo it is not F x deter- 84 Arguments from the Cap. V determined how large or how little, every politick fociety should be; nor whether a people living at fome confide- rable diftance from other, or more contiguously, should joyne together in one, and make up one body politick \ or whether they should ereft moe, diftinft, and independent Commonweakhes though pollibly of the fame extract f and languadge. Nature fayeth not that all in one Hand , of? one extract or of one language , should become one Politick Body under one politick head. We have heard of the time when there have been many Kings , diftinft and independent, in one England .- And how many Kings there was at one and- the fame time, in the land of Canaan, no vaft territory, fcrip- ture tells us Nor hath Nature determined that diftinft: bodyes or people, living in diftinft and far feparated places , yea having diftinft cuftomes, and languages, may not when they fee it for their advantage, aflbciate for fetting up one Supreame Soveraigne over all So that this alfo is ieft to the free choife and determination of the People. 8. When a free People have rationallv and deliberatly coi.defcended upon the forme , it is in their power to coru. defcendupon the time, how long that forme shall endure, and either prefix a certaine time , at which it shall evanish « if they fee it not expedient to continue it : or referve to themfelves a liberty to alter it when they vviH. Eachol the formes being in themlelves lawful , People may choofc vvhichthey think befty and though one Kindeof govern- ment will agree to foroe People, better then another , yei Bodyes of people , being lyable to cafual changes , an and the perfon which the people do pitch upon , is actually endued, be from God j yet till the People do fome thing , all thefe do not formally cloah a man with Magiftratical power, nor make him a lawful Magiftrate , noi authorize him, to af- i fume that place & charge: for, the prefent condition and tern - iper of a people may call for il4%M*thj? as moft tit, and .there may be among the Community, now aiTociated &: I combined into one body, moe perfones then one, alike well iqualifyedfor the charge \ yet no man will fay , that thefe, becaufe of their qualifications, become co tt>fo Monarchs, nor can one create himlelfe j for what ri^ht and power hath he more than his neighbour as we! qualified js he \ Therefore it muft be granted that the People create the Magiftrate , and 'his man King and not that man: Hence we often read in fcriptures of the Peoples making Kings ludg. 9: 6% 1 6am. \ii:u. 15. 1 I\j"i . 10: j. iChr$*.xz: 38. J#dl» il:8. 1 . x i\jng. 14.- ti. I $*m. 1 1: !. i Chro*. 13.3. The S sth to yeeld this, Pag. \)i. S F j t» 86 Arguments from the Cap. V, tif* §-49> ££ 89. Pag. 718, 719. Althnf Peli/ic. Cap. jj>. »*• 7ncr 103 3 £?c jo. 1 1 is from the People that this way ofeleftion, and not another is pitched upon: There being feveral wayes, how in constituted Republiks, or Kingdomes, theSuprea- mc Magiftrates doe fucceed to other: Some, at the death of the former, fucceed by way of free ele&ipn , andheischof- en who poilibly hath no relation to his predeceflbur ; ■ Some arechofen, who are of the fame family, but not as neareft inline, but as moft fit to exer^e the office of the Soveraignc, as it was for a confid^rable timeip Scotland \ In fome places the neareft in line, are chofen , if they be Males , as iri Trame, where? by the old Salicque Law, a Woman muft no.t command in chiefe j in other places the neareft in line fuc- ceed whether Male or Fernale , as in Bruanm now a dayes • iMow whence floweth this diverfity of wayes of inftaling the jfucceeding Magiftrate , or of rilling the place when vacant * Doth it not flow alone from the People I Might they not have pitched upon a way of conveyance of the Kingdome , by lineal fucceilion , when they made choife of continual e* I leftion ; or when they pitched on that , might they not have (j madechoifc of this ? And who will fay that a Supreame Magiftrate or Magiftrates, chofen by election are not asef- fentially Soveraignes , as tlufe who come to the place by lineal fucceilion , feing by all politicians , Eleftion is made one of the ordin^rie wayes of conftituteing of Magiftrates f and by many , preferred to Succeilion ? And feing thefirft of that Race had it by free eleftion , he muft be as eflentially and lawfully the Supreame Magiftrate,, as any of his Sue- ceflours. 11. Even where the way of lineal fucceilion is condeCr ,& cended upon and eftablished , the new Soveraigne , thpugh Jie feem to be full and compleat heire , hares ex aflc , unto his father or Predeceflbur ; Yet originally? and radically he is conftitute , and chofen by the People. For, vvhence & Cometh it but from the Peoples freechoifethatfuchafami- lie , or line is chofen , and not another j and that the Eldeft^ Qt rjeareft in the line is made chpite of & Succeflbur, and not Peoples power in Ere&ingGovern. S7 he, of that line, who is moftly qualified for that place and function ? So that in this cafe the Son hath not his King- dome from his Father j for he doth not fucceed imrt heredita- ria, fed vtlegts perquam prtmcgtnttus^ vei alius praxtwus fuccedere jubetur , as fayeth , Boxhormus de Majeftate Regum, Pag. i r, and iz. Now the Authors of this Law and conftitution , are only the people. See ^ Ukuf Polst. cap. 19.f7.90. I*. In all this, the People muft be fuppofed to have fome certane good End before their eyes : for a Rational People muft ad rationally , and rationally they cannot act , unldTe they have before their eyes fome certain good End ; Now this end which they Intend as men, muft be their outward Peace & Tranquillity, freedome from oppreilion from ftrang- ers or one from another , and the like ; and as Chriftians , the glory of God, the good of Religion, and of their fouls. Therefore the People fettech Magiftrates over themfelves, to promove the glory of God, the good of Religion , and their temporal felicity : And if they law that this meane had not a tendency unto thefe Ends , they would never have condes- cended upon it ; far lefTe if they had ken that it had a tenden- cy to deftroy thefe Ends: and therefore, in fo far as that meanc is perverted, and actually abufed to the deftruction of thofc ligh and noble Ends, they muft be interpreted as Non con - enters, and catenas de luxe , in no worfe condition, then they would have been into, iftheyhadnQterefted fach aconftitu- :ion, orfetfuchoverthemfelves. It is like the Surveyer, will from fome or all of thefe, iravviuchConclufionsas he hath done from fome innocent rxpreifions of A^'/^W?ill underftoodby him , and as ill ap- )Iyed > and fay that we drive at nothing clfe , but to have ill the parishes of the land cantonized into fo many free Re- :>ublicks , or little Kingdomes of /vetct. But is he an able , X if able , a faithful maintainor of the Union and integrity of lis Majefties dominions, who vvrefteth exprulions , far rontrary to the intent of the Author and fhrteth qiKjftions tn Hy^thefi, according to his fancy, and that he nuv confute the ■fit , falleth toule upon the Thefts which he fuppoleth without ground) was tkc inccnt.and defiirne of tlu Author F4 of 88 Arguments from the Cap. V J of K that (to ufe his owne exprcflions elfe where , or the like > ) fincehe raifed the Devil , he should have laid him better then he }iath done 5 both in his fir ft and in his third Chapter: and fome will think , that fince he had no cleare call to meddle withthoiequeftions, policy should have taught him either to have forborne, or to have confuted them better; And that for this very caufe , he should be punished as an igno- rant Traitor , and his pamphlet condemned to a fire, where- of it is much more worthy , then ieverals that have gote that meafure. But of his foolish and unfaire dealing in thofe par- ticulars , we shall fpeak more afterward , and shall now goe on & draw fome arguments for our purpofe, from what hath been fiid. And x. If People at the firftereftion of Government and Governours, acted rationally, it can never be fuppofed4that they refigned and gave their birth - privilege , and power of felf-derence away, fo as they might not lawfully ftand to their owne defence , incafesofneceffity , when that Go- vernment or thefe Governours, should cither come short of giving the affiftence expected in fuch cafes , or prove lets and impediments in their way , farlefle in cafe they should prove their avowed and open enemies: for is it imaginable that rational men would erect fuch a Government, or fetup fuch Governours, if it were told them, that fuch Would prove their bane , and that by appointing of them , and proceeding in that bufinc3e,they should denuae themfelves of that po wef offelf defence , which now they vverein pofleffion of, See ^ithuf. Pqitt. Cap. 3 8. num. 31. 2. If by this constitution, they were not brutified, they can- pot after the conftitution , be fuppofedto be in a cafe worfe then Brutes. Therefore Since Brutes may defend themfelves againft injuries , this liberty & privilege of felf defence , againft manifeft injuries , cannot be taken away from Ration- al Creatures, bv the ere&ion of a Government. Againe, i^ < Peoples power in eredting Govern. 89 by the erection , and new conftitution, the cafe of the people cannot be fuppofed to be made worfe , if it was la wfull unto them before , to defend themfelves againft injuries , and to repel violence with violence , it cannot become unlawful af- terward : itis true, itis the part ef the Magiftrate to defend them from injuries , and for this end , was he fet up by them, that they might be the more fecure and faife; but if he negle& his duty , they are not to forget themfelves , or to trunke that their hands are bound up j much lefle , if he himfelf turne an enemie unto them. 3. If the Erected Magiftrates remaine men , and finfiil men , and men that can do wrong and violence and injuftice , can oppreiTe innocents, deftroy, pillage, plunder, kill and perfecute unjuftly : Then the innocents may no lefle defend themfelves againft their violence , injuries , opprelfions f tnurthers, &c. then againft the violence, oppreifions, and injuries of others : for the wrongs and injuries they do, are as reall wrongs & injuries (and in fome refpeft greater) as the wrongs and injuries committed by others. Therefore the People are ftill allowed to ufe their privilege of felf defence ^ven againft them, and their unjuft violence, in cafes of nc« celfity , as wel as againft others. 4. If it was of the People that this forme of Government* and not another was pitched upon and made choife of , no man in reafon can thinke, that their condition should be worfe under that forme , then under any other , fince they afting rationally, made choife of that , as the beft and inoft conve- nient and conduceable to their ends j But that that torme should be every way as much for their peace, faifty, welfare* md fecurity, as any other , and ought no more tobindeup rhetr hands from neceflary felf defence , when urged there -• unto by inevitable neceility, then if they were free from under that forme. f. If itwasofthe Peoples owne accord, thatthey aflb- ciated with fuch or fuch , without any previous determination pf Nature, neceifitating them thereunto. Then ins rational to inferre that their aflbciatioy with fuch , should not be to tl)e«r detriment and nuniicft hurt , nor should it incapacitate them ^o Our Arguments from CAp. V. them for doing that in their owne defence, which, beforj l that aflbciation and combination, they were allowed todo.li So that if the equal half, major or minor part, should lye by , \i aad refufe to concurrc with the reft in their neceflary defence, Thofe who defire toftand to their owne defence, and repel violence with violence, arenot,inpoyntof confeience, juftly reftrained or bound up. If the equal half, or major or minor _ part of an army, betray the caufe , or revolt to the Enemy, the honeft party will be allowed in poynt of Law and Con- feience and Valour, toltandtothecaufe, and defend them- felves and their Countrey tothelaftman, yea even though the General hirafelf should become a Head unto that revolt- ing party. 6. If it was in the Peoples power to limite the time defi- nitely or indefinitly , how long luch a forme should continue, and therefore had power ( as Politicians will readily grant ) to change that forme , when the necellity of their condition did require it : Sure it cannot be repugnant to Reafon to fay , That the People have ftill a power to defend themfelves from the manifeft injuries , and intolerable oppreilion of that forme, or of thefewho are exerceing in that forme. If a people may lawfully change a forme of Government , when it becometh intolerably grievous , and not only not conduce- ing to the good of the Commonwealth , but clearly and fen- (ibly tending to its deftru&ion , they may no iefle ( if not more ) lawfully defend themfelves againft the manifeft and intolerable injuries thereof. Yea even in cafe they had by vowes or engagements fo bound up their hands, that they could not alter the forme -y it were not rational to thinke that their cafe should therefore be irremediably the vvorfe, but that rather God and Nature would allow them in that cafe-* fo much the more to make ufe of their primaevc privilege of felf defence, becaufethey could not ufe their power of alter- ing the forme, for their fecurity and {aifty, as other wife they might have done. 7. If the People make Magiftrates, and fet them over themfelves, then, though it were yeelded (which yet lawyers and politicians not a few will not grant, fee Aitkaf. pel, c^.38 . *<5>- Peoples power in ere&ing Govern. ^ n. 3 * . where he proveth ic by /. nemo qui 3 7. de teg. )wr. I 6.feUn* dcojfic.pYGCQnf i. i< dt re. jud.ncrutl.is . dc L ef. csu.c.i §. 1.) thlC they had no power to depofe them againe in cafe of male%ad- miniftration , and abufeing the power to the deftru&ion of the Commonwealth i yet ) it will undenyably follow, thac the people may defend themfelves againft their manifeft ty- ranny and oppreffion: for , it wil be granted that a People have more power > in creating a Magiftrate then in making 3 Minifies and it will be granted likwayes , that if the Mi- nifter tume heretical > and preach atheifme > Mahumeta- nifme, or the like, the People, though they could not for- mally depofe him , or , through the corruption of the times , could pot get him depofed by thefe who had power , yet they might lawfully guard themfelves from his unfound do&rine, and defend their fouls from his haerefie by with- drawing: and if he should ufe violence to force them to heare him, & acknowledg him as an orthodox teacher, they might repel violence with violence * and peremptorily maintame the Truth. 8. If it was from the People, That fuch a way of con- veyance of the Magiftratical power , was condefcended on, fo that when they pitched on this , they might have cholen any other j Then (as Lawyers will grant; they have ftill power to alter the fame as necellity requireth; much more then have they power to defend themfelves, againft the Ty. ranny thereof : aqd if either at the firft constitution or af- terward , fomething interveencd which laid fuch a reftraint upon them , that they could not change that manner of con- veyance > then fo much the more are they allowed to defend themfelves from the tyranny thereof, by recurring, in cafes of necellity , unto their primseve privilege , and this inward wall and bulwark ought to be the more fortified , that they want their outter fortifications. 9. If even where the conveyance runeth in a line, the Succeflbur cannot pretend to more dominion overthefub- jefts 5 then his Predeceflours had, and the People cannot ra- ! rionally be fuppofed to be in a worfe condition under the Suc- l^eflour, then they were under his Prcdcceflbur > fein^he holdeth jpx Arguments from the Cap. VJ fcoldeth the place , not jurehjeredttam ; but i*re legal/ or )urt $ *>n\\ttut$ ms : and therefore if they might lawfully reiift the * unjuft violence of his Predeceffour, or of the Firft ,n theU: Line ; no man, in reafon can deny k lawful for them to refift ^ his tyranny, who comet h to that place by venue ot the funda- mental conftitution ; and no otherwayes. 10 If uponpregnantconfiderations , and for good , lau- liable and neceflary ends, the People erefted a civil ftate, and iiich a forme of Government, and fuch Governours to fuc- . ceed to other in fuch a manner of way, as the apparent and probable meane, for the fure , faife , fpeedy and moft ef- ieftual way ot attaineing thefe ends* It were irrational to think that being difappoynted of their expectations and fruftratedof their hopes, of attaineing the defiredendsby fiich meanes , They were in an irremediable cafe , and had no meane left them of attaineing thefe neceflary ends , no not fo much , as that pure producf of Nature , felf-prefer- vation, and power to repel force with force . No man will fay, but that a People are loofed from their obligation to ufe fuch meanes which they formerly pitched upon for thefe neceflary and important Ends , when they not only prove not ufeful , as meanes for attaineing of thefe ends, but prove deftru&ive, and ftand in contra oppofition there unto; and in this cafe , muft be fuppofed , to have the fame liberty to ufe fuch meanes as they were allowed to ufe in their pri- meve ftate, that is, to joyne together and aflbciate, the i>eft way they can, for repelling of what deftroyeth theft; noble and important Ends , and defend their Religion, Lives and Libertyes. But it may be the Sutveytr , or feme for him will fay. That all this is nothing to the purpofe j becaufe The ftate of our government and conftitution is of a diftinft and far different nature Anf. As to this, ( referving what is further to be fpoken on that fubjeft unto the next chapter , where we shall fpeak of the obligation of the Soveraigne unto the People ) thefe things feeme cleare and undenyable. i . That before Fergus *he tirft , was chofen by the People , to be their King and Chiftanc , Peoples power inEre&ing Govern. 93 Jhiftane , there were a people living in Scotland, manage* ng their ovvne matters, the beft way they could 2 While hey were in this condition > weheare or none among thera^ lovvever poilibly excelling others in wealth , power, wif- iome and fuch like enduements, that took upon them the Soveraignity , otherwayes Fergus had not been trie firft .mg„ 5. When they thought of fending for Fergus , and of making him King , they were not afted as bcafts , but went rational- ly to work , confidering their prefent hazard from their idverfaries 3 and the advantage they would have by letting fuch over themfelves , and erecting a ftablished policy. 4. After the conftitution and erection of the Kingdoms » they remained rational creatures, fenfible of injuries done unto tnem, whether by their Kings or others , asafter expe- rience manifefted 5. Nor did their Kings , after their cle&iorv, become Angels > or Creatures above their reach* but for male adminiftration > oppreilion or tyranny, were made to know they were Men , as fubjeft to erring and doing wrong, fo to examination, tryal, and condigue pu- nishment for their injuries done to the Commonwealth- 6. When they condefcended upon k enardy , though , #> matters then ftood, they law it moft for their advantage to haveaKing; yet none will lay, butthev mighr, notvvith* ftanding of that exigent , have chofen an Vmflmty tor a ftandine forme of government. 7. When they compacted themfelves into a diftind body 5 and feparattd both from the Ptcts and from the hrttoms , they might , had they feen it for their advantage, either jovnedvvith the PtcJj or f.unnes^ and made one firmeCommo wealth with them ; or have divided themfelves into two or moediftincr Bodyes, and diftinft Republiks, as they had feen it convenient: r\o previous necetfity , fave that they f3vv it tor their only ad- vantage to do as they did, containing them to the one more then to the other. 8. When they made choileofa King, they might, if they had feen ft good , prefcribed the time how long that Government should have endured, whether until the death of tergus, or how long there after. 9. When they made choiic of Ftrgus who then vvasin/f- 94 Arguments from the Cap. V*V land* and Tent for him, they might ( without any injury done to any man ) have chofen any other, they had thought moft for their advantage •> and before they made choile of him > He could challenge no power or authority, over them, nor could He be accounted their King ; and when they made choife of him and made him their King , then , and not till then, was he their King. 10. It wasin their power to have named tergm without his fucceffburs by line > and fo have referved power to themfelves , to choofe of new another after his death : and though they did include his fuc- ceflburs by line \ yet their after pra&ife declared , that they had liberty to choofe the fitted of the family , when the neareft in the line, was not judged fit for government, which euftome continued above a Thowfand yeers , till the dayes of Kenneth the third: 1 1. And , when it afterward came to a lineal conftant fucceffion , The fone had no right but k by the conftitution condefcended on, in the dayes of this fe Hcnntth. 1 2 , That in all thefe refolutions and conftitution* % they levelled at nothing, but their owne good and iaifty, in & body and foul , is beyond contradi&ion . And finally $ K their after practices did declare that they looked not upon themfelves, as rendered incapable by all thofe foremention- ed refolutions , to defend themfelves againft manifeft and ! * unjuft violence , evenoftheKingandhisfollowers; though this Svrveyer Pag. 7 8 . accounts thefe nothing hut the M farreclio* j01 ofNables again H the fyngs , and violent opfrejfions of jack of them * ds have been flagmous and tyrannous . Yet they were cleare ' j (f- inftances of the peoples referving power to themfelves * not withftanding of the conftitution, to defend their libertyes and lives , from oppreifionand tyranny of flagitious and tyr- annous Kings , abufing their power ; and lubverting the endsofgovernment,anddeftroying what they were bound to maintaineand defend .tt: , — 1 bt: Cap. fc Cap. VI. Of the Covenant betwixt King and People. Our Arguments hence deduced . IT is no great wonder to fee this Survtyer labouring , to free the King from any covenant- obligation unto his Subjefts; ivhen he and his party have proclaimed him exempted from lis Covenant-obligation unto God : and fince they have nit both confeiences and wit upon the rack , to finde out bme plaufible grounds of evafion, that the King may be Free from the Covenant, which he fwore with hands lifted uj> :o the Moft High God oftener then once \ with which t lowever they may fatisfy fuch as love licentioufnefle y ind to live above God's Law, as well as man's , yet God tfill not be fo deceived, let men dream what they will ; xc rhould be no matter of aftonishment to us , to feethem ufe- ng shifts whereby to bring the King from under any Co- tenant tye unto his Subjefts : But it might feem ftrange to is ( if we knew not the Men ) that when lawyers and >olititianstellus, that the King, is abfolutely bound unto lis Subje&s, and the People obliged unto the King condi- Hially, fee Hocn$mus,d$fp. poltr. i. and Iumus Brutus vtndtct* ontra TjrdTtnos qudftii* a°d Althuf pot. c. 20. n. 3. 11, £5 ap. 38. m 30. They on the contrary should averrc , that he people were abfolucly bound unto the King\ & the King ;0t only not tyed conditionally, but not at all, unto the* 'eople. But, from what was faid in the preceeding chapter, it wil learly follow, That when a people doinftitutea Governc- nent , and do commit the Supreame Managmcnt of affaires into one ormoe. They do it upon certane tearmes and coa- litions, which conditions , politicians ordinarily c&XfuncU* fient/iit lanes, others think that name not proper enough, >ut whether we call them fo , or call them tearmes and con. Utions of the conftitution or compaft, it is all one thing* Thai $6^ Arguments from the Cov. Cap. VI. That there are certane tearmes and conditions on which the> Soveraigneischofen, iscleare from thefe grounds, i. The man who is made Soveraigne by the People , can pretend no right to the Soveraignity , ( as was shewed before; until he be named and chofen by the People. And this conftituting of him Soveraigne , muft be by compaft and contract be- twixt him and them ; for fuch mutual relations , as are be- r.wixt Prince and People, can arife from no other aft then a compaft , unlefle they fay 3 it arifeth from a free dona- tion^ but then they muft grant that the whole power cometh irom the People, and was theirs before, and might be given out by them, or not, as they thought fit} for no law can conftraine a man to give a gift: & further, if it was from them by free gift , the very nature and end of that Donation puts it beyond debate, that it was upon fome valueable confidera- tion, of which when fruftrated , they might recal their donation; andfoftillitwill be, a virtual compaft. But now it being by a real compaft and formal , either ex plicite or implicite , that this man and not that man is made Soveraigne , There muft be fome conditions on which this mutual compaft ftandeth : for a compaft cannot be without conditions. 2. We shew that in this Aft of conftituting a Government ad Governours> the People afted rationally ; and carryed themfelves in this bufinefle , not as. I irrational brutes , but as rational men ; and if fo 3 how is it » 4 imaginable that they would fet any over them withanilli raited power , without any tearmes and conditions to be condefcended unto by him ? Would rational men , afting i deliberatly about a matter of fuch moment and confequence , not to themfelves alone, but to their pofterity in after ages, fet a Soveraigne over them> without any limitations, condi- tions , or reftriftions -y fo as they might rob , fpoile , plund-^ »j er,murther, deflore, do aft s of mjufticeand oppreffion, and aft tyranny as they pleafed f 3. We shew that in this matter ; the People had certane , real > good and neceffary Ends before them : now , can it enter into the heart of any U man to think, that Rational men afting rationally, & laying. L; downe wayes for attaineing good audnecefliryEnds, would t!: fee ; Betwixt King and Subjeds. 97 eta Prince over themfelves , without any conditions orr£- frictions ; fince otherwife they could not rationally expect > ;kxt the meane which they had condefcended upon , could >ver attaine the End ? For every one of them might fairly lave judged of the Prince by themfelves , and leing they might have found in themfelves , an inclination to domineer, :oopprefleand tyrannize over others, they might rationally aave concluded that the Prince was , and would be but a Man of the lame pasfions and infirmities with themfehe. , and foas ready , if not more , to deborde and to do wrong : & therefore unleise they had made him Soveraigne upon tearmes and conditions , they could not have expected that :heir chooieingof him , could have been a meane fitted and iccommodated for attaining the Ends propofed : A Sove- raigne left at liberty to tyrannyze, to opprefse and to deftroy :he Subject, is no fit meane to procure their welfare, either .n foul or body , or to fet forward the glory of God. 4. We shew that their condition after the conftitution , was not to 3e worfe then it was before the confiitution. But if they had et up a Soveraigne without any conditions, their condition :ou;d not but be worfe ; and rational men could not but for fee that their condition would , of necesfity, be worfe ; for, :o fet up a Soveraigne without conditions , is to fct up a Ty- rant : fince if they do not limite him to termes and conditions, h.y give him leave to Rule as helifteth, and his will mull ;>e to them for a law • and what is that but to fet up a Tyrant; md if a Tyrant be fee up over a People, shall not their con- dition in that cale , be worfe then when they were at liberty :o manage, their owue matters , as they could belt J Moreover this may be cleared from other reafons , as 1. En all other relations , which arife from mutual confmt , md compact, there are alwives, tcarmes & conditions on ►vhich the contract or compact is concluded^ in the contract Detwixt Man and Wife, Matter and Servant, Tutoi & Pupil > Mailer &Scholer, & the like, Here alwayes are prelupj earms&conditions5on which the compact, the only fundatioii Df thefe relations , js founded ; for , no Man marryeth a wife, but upon condition > she carry as a dutyfull wife'* G and 98. Arguments from the Cov. Cap. VF, j and no woman maryeth a Husband but upon the like rear- 1 mes So 2 Mailer indenteth with his Sei vant , and his Ser- vantbindeth himfelt to him , upon tearmes. The Tutor jj is under obligations to his Pupil , and it he break iuchor [ fuch conditions , he lofeth his benerite, and moreover is1^ anfwerable as law wil. So is the Mafter obliged to perfoi me 1C, fuch and fuch conditions unto his Scholer. So aie there ; conditions betwixt the Lord and his Va$4h and betwixt / a(lm , and People. 2. This will be cleare from the Nature of that [ power and authority , which the Soveraigne hath over ike f' Subje&s, of which afterward. 3. Itisagainft Nature, to fet up any Tyrant, or one who is free from all conditions -T m for, that were 5 upon the matter, to fet up a Wafier, aa ™ Enemy to the Commonwealth, a bloody Tyger or Lyon , rc todeftroy all: kzMthuf.Pol c. 19.^3.3? .3/ 37. 4.Toima3i gine a King free of conditions unto his Subjects is to put them in among bona fortune and to fay, they are as the King's * gold , his sheep, his oxen, his lands and revenues, unto? which, he flan deth no way obliged. 5. If a People should \ fet a Soveraigne over them , without conditions, they . should fin againft the Law of God, which will have fuck, and fuch dutyes performed by them , who are Soveraignes • and they, by fetting up Soveraignes without thefe limitaJ j tiens, should fay > fuch and fuch shall be our Soveraignes t , contrare to the limitations of God's Law. 6. This is con- / firmed by the practice of all Nations , where a free People ' fet up Soveraignes : It is al waves upon tearmes and condi- f tions. The lerJLins ( as Xenuphon Itb. 8 . Cyrt P&d. tells US ) ' did thus Covenante withcy***, that he should lend aide to I them , out of his owne Countrey , if any should warre a- Z gainft them , or violate their lawes ; and they againe did L promife , that they should helpe him , if any would not | obey him , defending his Countrey • and therefore Xer.ophon ^ calleth this contractor compaa av^u^u. So the Spartan i\mg t (as the fame Xemphon tells us, at hep. Laced-. / did every Mon- cth Renew their oath unto the Ephon, &promifedtogoverne I them according to the lawes of the land,& the Ephort upon the! * other hand^promifed to Eftablish theKingdom in their hands.; ' We reade of a compact betwixt Romulus, and the people Betwixt King and Subjedb. • ^ f Rome Dtomf. Halicam. Lib. r. betvvixc the Senate 8c the tfirs idem Lib. i. It is notoure enough that the Emperont 'henheischofen, agrieth unto tearnaesand conditions; and [fo the King of Poland-, and hiftoryes tells us, whatcondi- onsare made betwixt King and People, at the coronation {Kings in England > frame, Boheme , Spaine , Portugal , S we- en? Denmark ($c 7. The praftice of our owne King- ome , doth futrkiently confirme this , of which more , ihen we confider what this.S'wi/ejyfrfayeth to the contrary. , Lawyers, Polititians & Divines tell us, that there are fuch ondkionscondefcended on in all free Republicks. f/ceno- tus Dtff. Pot. i. Thef 4. tells us that the Subjects do ftipulate 'om the Magiftrates, whether they will rule to as they may :ad a peacable and quyet life under them , and Tbefi 5. that le Magiftrates do absolutely promife j and rhe Subjefts pon condition promife what is their duty . So jUimfms tp. 38. Poltt. n. 31. and cap. 19. n. 15. 2^3 . 19. and Ttmpkrus •lu. Ltb. %. cap. 1. Quetr.^. proveth that there is a mutual bligation betwixt Magiftrates and Subjefts. See likewile erhard de Magtflrattt, 7hef.94.Pag.71*. Where he proveth ut it is no new thing, That Magiftrates and Subjects do lovenante with each other. Finally, This is cleared , from fome Scripture inftances , as rft The Covenant, which David made with the Tribes of rael , z Sam. 5. 3. 1 Qhron. 11. 3. So all the eldxrs of jjr.tt I \me to the King 10 Hebron, and King David made a league nvrh em m Hebron before the Lord, and they anoynted DaztdKtng tr \fratl. Sanchs on the place thinketh , He promifed to le them according to the law Cent. 17 i<. and that fan* :her things were contained in that Covenant, which did 1 e- e to theprefent ftate of alFaires,as concerning the w ar \vi:h eir near and infolent enemies 5 concerning an aft of ob- ion, and other things which they could think upon, in at troublefome ftace of affaires : and upon the other hand e People promifed fidelity and obedience , and what C is required in well conftituted Commonwealths ; and at this Covenant was fealed by oath of both pirties cornel -*p\ calleth it 4 mutual promife, wherein David Coven* G 2 ante ioo Arguments from the Cov. Cap. VI anted to governe the Kingdome faithfully , according tA the law ot God Dent. i7.i<5. &c Scifratly on the other hand, promifed to be obedient and faithful to him: The SmvtyA trycth many shifts to make this, no mutual Covenant , or conditional Covenant Vag. $+. ^5. He cannot deny but there was a Covenant here agreed upon , betwixt David and thefe Tribes of/froel. But he fayes [the Quaeftion is , what was the nature, the matter and import of that Covenant , The Scripture fayes not it was fuch a Covenant fas thefe men would have it ) I shall rule you rightly , if you obey me dutifullyj otherwifenot (upon the King's part) and (upon the peoples part ) we shall obey you and be fubjeft to you , if ye rule us rightly, otherwise we will not, but ufeour co-active power upon you, to dethrone, and deft roy you , and punish you. ] Anf If it be granted that here was a- mutual contraft , wherein the King accepted of conditions and obliged himfelf thereunto > ids enough for ourprelent purpofe, (& the Dutch Annotators on 1 Sam.^. 3. fay hereby they were bound_on both fides by oath, to performe their dutyes to other ) for we are not yet fpeaking of the nature and import of fuch Covenants , and what right or power the party keeping} hath over the party failing. 2- The Text doth notteil us what was the particular matter of this Co- venant} but from the Text, we may clearly fee , that this was a conditional Covenant, a Covenant wherein the King promifed fuch and fuch things, as fatiffied them, and in- duced them to accept of him as King, and anoynt him : fo that if the tearmes had not pleafedthem, they would not have accepted of him as King, If the King had faid , I will be an Abfolute prince to account youftill mine Enemies, and kill fuch of you 5 as I will , and keep a live fuch of you zs I will? and fo play the Tyrant, be like hehadgotethe anfwere that Rchoboam gote 7 0 your nnts 0 /frael: What portion have, ve tn David ? 3. How can he prove, That they did not minde toofferthemfelvesto David upon fuch tearmes [Tkey ( fayes he Pag. 9 5 ) reccgnofe , his right of reigning ovc them is cf the Lord , and that he was not fubjecle to be removed b mm > for they fay The Lord fayd to thee , thou shalt feed m; peopl r Betwixt King and Subjects. 101 people Ifrael, and thou shale be Ruler over them, and ins tdded Jhtrefre they came , £Jc] Anf. i. All this will ROt prove that this Covenant was not conditional, or that Da- v/d did not oblige himfelf to fuch and fuch conditions ; for if thefe reafons have any force, they will as well fay , that they should not have made a Covenant with him it all , but fubmitted without Covenant : and they knew his right by promife to the throne , before this, and yet for all that , they refuted to come till now , and now when they come ; Dcl- w^muft make a Covenant *vith them. i. The fame Tribes of ifrael did recognofce Rehoboams right to reigne j for they came to Shechcm to make him King, i i\ing% 1 1 . i . 2 chro??. i o. v. i . <5c yet when Reh.boam would not agree unto the tearmes propofed, They refufed to acknowledg him King. 3. That l chron. 11. 3. Therefore cam? is but the fame With So came , iSdm.j.i. anditmay be as well rendered, alfoov and came , for in the Original it is in both places ^^ and it is there told , that alfo the Elders of ifrael came , who were not men- tioned before. 4. Gods promife to David, gave him no power to play the Tyrant, nor was it to be fulfilled but fuch a way, God's purpofes concerning the End includeth the Meanes with the End, and his purpofe or promife was not that David should obtaine the throne without the Peoples confent , or that the People was obliged to fubmit unto him notwithftanding he should refufe to^Covenant with them , or promife to Rule them in righteoufnefle , and not to play the Tyrant over them : and hence it appeareththatit is not that the People gave the Kingdome to David condi- tionally (as he (ayeth/Vg. 101. ) for, if He fay thefe pro- rnifes or purpofes of God , did lay obligations on the People to accept Such upon air. he cannot coftckpnne the Ten Trvbes far accepting of itnUam , as hedothelfu i: 5. As for their coactive fiiperiority over him, we fpeafce not of it now , it not being our prefent bufiiufic, bill his reafons will notvalidehy conclude checontrair: for if] 2 promife or purpofe of God , &zvc Dsvidfuch a ) cafe, fuppoil' he h imaginable , & had ibid the Land of Canaan u G 3 cum I oi Arguments from the Cov. Cap. VI, cumcifed, or done fome fuch things the Elders of Ifrael had, had no coercive power to have with-ftood him? and de- throned him 3 then they might not .now have refilled to have fubmitced unto him: And by the fame re^fon, The elders of Ifrael might not have refufcd to have fub- mitted to lerolcun who alio hadapromife, which I know he will not grant. But it is enough to our prefent purpofe , if it be granted that David agreed with them upon tearmes. This he cannot get weildenyed, butfayeth. [„AlltheCo- ,j venant that can be fuppofed here > is upon the peoples part, „ an engagement to humble fubjeftion and homage \ & upon „ thcKmgs partjaCovcnant of indempnity for former oppofrv prions to him, wheiein thty had need to be comfortably fe- ,,cured.] sdnf. If it was fuch a Covenant , thenitfecuredall the People of Ifrael , and their Elders with them , ancj JDaz/d was bound to have keeped it , and did keep it . He did not then execute thereafter fome of them upon fcaf- fo!ds , and let up their heads upon poles , as Traitours. 2. We rinde nothing in the Text, of their acknowledging a crime done, fo as they needed an ad of indempaity : it is like caiul in a piece of holy policy , meet for that time, t,o gather together the fcattertd people oi God, ( toufethe Surveyor's woids, Pag.gq.) Would have been content to have palled an act. of oblivion, as lelTe irritateing > then an aft of indempnity ;. If they were now coming to be his Sub- jects who were not fo before, but were under another King (as he fayes himk\{ Pag. 9 a.) what neceijity was there,either for an aft of indempnity or yet an aft of oblivion? Ay [ „but it was fit ,, (ftjes he $b/d^ to give them fecurity, touching his good minde „ toward them, they having fo long flood it out , inarmesa- / gainfl him. ] ^zff.But was there no more requifiteto fecurc them touching his good minde towards them, andhis will- ingnelTe to accept or them as fubjefts, who before were en- emies , except this aft cf indempnity ? Since they were in open hoftility one againft another , and if upon this ground, theCovenant on David's part was of indempnity,why should it not be alfo a Covenant of indempnity on their part ; feing , as he confeiTed , they were not his fubjefts before , but un- der . Betwixt King and Subje .mfc. That is all I amfeeking , to \idi\cDav$u here obliged by Covenant, unto his vub;ects, to foch and fuch tearmes, as to Protea and Rule them a right # Aybutheadds L,,Yetfo> asnotfubjectinghimfelf to their „ cenfures , or co-aclion , or that they should be his iub/ects I only upon that condition, being other wife free to fail upon „ him.] str/fv>. This is not to our preient bufinefle. But yet how can he prove this? Is it enough to fay fo? Will his adverfary take that for an anfvvere ? Is there not here a mu- tual Covenant , wherein each party is bound to other > Are not the tearmes condefcended upon ? And is it not granted by all. that in mutual Covenants . the obferverhath a jis a- gainit the breakers? But fayes he [,,a Covenant may be to „ mutual dutyes, &: yet on neither fide conditional , but ab- *> folute3 eath party obligeing themlelves to their o wne duty ,abfo!utely,but not on condition chat the other party do : , duty. ] ^»/.Then it feemes /frael was bound to £<* W,whe thcr he would be a King to them or not j Yea even though he would fell them to morrow to thePhiliftinesforllaves an J bond men forever , and uavtd was bound to Protect and Rule them a right, whether they would be Subjects or not. 2. How can he prove, that this was fuch a Covenant i j- Yea, how can he prove that there is any fuch Covenant g menj or how can he expiaine fuch a Covenant*! [ '. a man bind himfeif by oath , to give w.: one hun- ,,dere:h pounds, &1 bind my (elfagainebyoathtbhira j to j him one hundereth pounds , without conditional pro- ,. v 1)10.1 that he pay mc the money he promifed mej albeit he 3 ? should fail in his oath , & not pw me \ yet mull not 1 fail » in mine but muft pay hi my oath is fepirate troip i it , and hath a feparau obli \ Oabfolute, yvhich notaileingof the other party to An(x», It IS true 7/2. "> fr.cAty and if till G 4 I 1 04 Arguments from the Cov. Cap. Vli rveyer give to one a hundercth pounds , He wiliknowit# for an hundereth pounds againe , or fomething better : and [ wish he should think himielf as wel bound by his oath , to ay the thing, he promifed to God abiolutely , as he thinks e is bound to pay to man what he had promifed abioluiely. But to our bufineffe, what fort of mutual Covenants can thofc be, which he here fpeaketh of? We hear of Pactions of Covenants where there arepromifes without aftipulation* but of a Covenantor Paction betwixt two , concerning mu- tual duties to be performed by each to other , wherein there is no ftipulation \ or which is no conditional Covenant , I have not yet heard. 2. Where heare we that fuch a transaction ( ifit can have that name ) wherein one perfon piomifethab- folutely to another to give him fuch or fuch a iumme of moneys and that other perfon againe promifeth abiolutely; to give to the firft another fumme, is called a Covenant ? 3 . Lawyers tell us that even PromtJJiones , promifes , if com- pleatand not mere Policitations, wil give a jus a right unto the perfon 5 to whom they are made to call for the perfor- mance , and fue the piomifer at Law : And if this be granted (as it cannot be denyed) he will lofe his caufe: For when the queftion cometh betwixt the Magiftrate and the Subjects, it is the fame cafe , as when thequeftion com- eth betwixt two diftinft Nations : For as there is notaSu- periour Judge over both Nations to determine the contro- verfy j .lb nor is thereaSuperiour ordinary Judge to decide the queftion that falleth out betwixt King and Subjects : And therefore? as the fwordmuft determine it, intheonecaie, fo in the other. 4. But how shall he evince that the Covenant, betwixt King & People »s not a reciprocal contract of things. to be done by each to other upon conditions: It is true, he tells us that fubjeftion is not promifed to Kings conditio- nally, but abfolutely \ but info faying, he doth onely beg the queftion. A better Polititian then he, ^Irhuftus VoYit. c\$\ rium.6->7. calleth it a mutual compaft betwixt Prince and People upon certaine conditions , and calleth it Comrafium mandati \ and he tells us , that in this contract the Prince is 2 Mcmd*t. Antimonarchifts properly fo called, areagainft all Monarchs limited orabfolute, or doth he ac- count them all antimonarchifts who fay chat the King is a limited Magiftrate i then we know what to think of the Mo- narches and Royaliils , of him and his party, z. He kno weth himfelf that the feries or order of the relation of a complex bufmefle , is not alwayes iulx according to the feries. of the things done \ but be it fo, this maketh for us in the former inftance of ^ avid s Covenanting with ifraely which is mentioned j before their making or him King. 3. But fuppofe the King had refufed 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 folemnities in crowning of him , have refufed to have own- nedhim, as King 3 4. But to put the matter beyond all debate, we finde , compareing the two places together, That befidc the Covenant betwixt /ch^da!? , and the Rulers of Hundereds &c. mentioned > r(i»g. 1 u 4, and 2 chron.i^ ,r. which was rather a Covenant bet wixt themfelves, todepofe ^thalta > andtofetup jotsb', to put down Idolatry, and to fet up the true worshipe of God, fas the English annota- tions & the Dutch fay ) then a Covenant of fidelity or alle- giance to the King, as he would have it, werindetc^*. 2.3.3. a Covenant made betwixt the Congregation and the King , and this was , before he was crowned or made King , which Covenant fas the English annotators fay) [was a mu- tual ftip ulation , betwixt the King, and Them , That the King should maintaine the true worshipe of God , the peace of the Kingdome, and privilege of the fubjecis ; and that •the People should maintaine the King, and yeelduntohim his duel The next thing he fayeth is [That it is not told us „Vh:u the tenor of this covenant is , Dtodat feems to fay that ,, /cbouid.th m.idetlem foe are allegiance and fidelity to the K^g but „ how shall it be cleared that it was conditional, & with a re- ,,ferveofcoactive, & punitive power over him ? }Amfv>. Of this coa:T:ive power over Kings, we are notnow fpeaking, auJ he but playeth the fool to ftart fuch queftions without ground. 2. f ha: it was a conditional Covenant , thefcope of : Betwixt King and Subje&s. 107 <>f the place cleareth : for > if they had not expected thar their condition had been better under his reigne , then under AthaitAfi-i be like they had never reiolved to have ventured their lives , and eftates 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 expefted their dutyfui obedi- ence , then They his faithful government. 3. It is true, the matter and tenor of the Covenant is notexprefled; but the nature of the act, doth abundantly cleaie what it was , and that it was fuch as the English annotators have exprefied. 4. If Dtodathy it was nothing elfe , but the Peoples fwearing allegiance, he fpeaketh without ground, for it was amutual Covenant , a Covenant betwixt King and People, But layes he,fuppofe [„all theKit>gs of Judah made fuch covenants with *, the People , yet will any judicious man force the Particular u cuftomes of that Nation on all Nations? that might be beft >, for that Nation , that w^s not fimply beft ; their cu- >> ftomes without a law of God bearing a ftanding reafon, 3, cannot be obligatory on others, left we judaize too much] -dnfo. 1. We are not now preiling their practice as our only warrand ; but by their practice, we prove the lawfulnefie of the King's being brought under conditions, and obliga- tions to the people; which'Politicians Lawyers, and Divi- nes ufeto do. 2. He muft show why fuch a practice was beft to them , ¬a!fo to other nations. 3. We [udaize not more in this, then in crowning and making of Kings (though I crant they do , who ufe the ceremony of anoynt- ingwith oile.) 4. We have the Law of Nature, which is the law of God , bearing a ftanding reaion of this , as was shewed above. 5. Yea that law of Godment oned Dciu. 17. i let him be of yourftock , let „ him make much of Juftice and other vermes , and let him v know that there is moft wifdome in the lawes and in God : „ let him do nothing without the advice of the High prieft , ?, & Elders: neither let him afliime to himfelf many wives > 0>nor feek after abundance of riches nor horfes;with the plean- „ ty of which things , he may wax proud & defpife the law- „ es; but left he have an earneft ftudy to be more mighty then ?> is convenient for your profite, ProhtbeAtur (fayeth the copy 33 at 2 oris) obflandum eB (fayeth another,) ne yotenttcr fi At qu Am 5> rebus vefiris expedif. i.e. he is to be imcdficat or refined in* cafe he should do fo. But then he tells us that theconftzntpracl/ce of the prophets and people of God fpeaks 'clearly that they never had fuch thoughts &c] Anf Though (aslfaidj it doth not concerne us to vindicate fuch a liberty in the People* 2s by vertue of this Covenant 5 to fall with violence on their Kings j our purpofe being only to vindicate a liberty in the People to defend themfelves againft unjuft violence ; yet he doth but weakly maintaine the King's head by this ; for he faid himfelf juft now? that none with Reafon could force the particular cuftomes of that Nation on other Nations J and with more reafon it may be faid, that none can force the Omiilions or non -practices of that Nation, as binding to- others. But %. We know the Ten tribes rejected &chob*djm & vve finde no Prophets ever condemning them in this 5 they never fuggefted that their obligation to fubjeftion unto their Supream MagiftrateorKing , vvasabfolute: had this been fuch a tin as he allegeth, no doubt (to ufehis ownc words ) God's Prophets would plainly and downright have told them of it , without circumlocutions ; but this they nemdid. Either that was no fin, or the Prophets were not li Betwixt King andSubjecls. • 109 :ot faithful in reproving it. Now let him anfvvere his ovvne trgument if he can , and this he muft do , or elfeconfefiehe is tn advocate for the King, worth no wages. 3. We finde hat the Prophets were fentofGod, to ftirr up Subjcftsa- jainft their wicked and tyrannous Kings: as a Prophet was ent to anoynt fcbm to goe againft his Matter , 2 *S**g+ 9* „LWhenattirft ( [ayes he) that people fought a King from s whe- ther equalls or inferiours. z. If by vertue of thefe Com- • - pafts Fetwixt King and Subje&s. ; i * bafts he were not oohged unto his Subjects , neither should b* obliged unto him by thefe compacts , fang in ci g wcniutution , and condefcending upon theie teenies* d 1 aey are equal? accordi g to that, Comtaclus mmmmm \r&jz*aies. j. The People in letting up a King ;-hculd x>t act rationally, if the King as King were not bound to ftaud to his conditions, ana really obliged unto them'. Could we imagine that Men in their v\ its , would Covenant withaMan, 10 make him King, enfuch andfuchtearmes , ir aftei he were made King, he were no more obliged unto rhem , then it there had been no compact with him i \. How could they think of attaineing thoieEnds, wliich :hey propofed, irhe were not bound unto them, toperforme :hefecondkions,whichthey thought necefTary to limitehim jnto for the better Snnorefure attaineing thefe Ends f 5-. This :ompactor Covenant being mutual, concerning conditions :o be mutually performed, fure, e2ch party mult be formally Dbliged to 4>ther. 6, If this be denyed, it mufi be aflerted, hataSoveraigne can do no wrong or injune unto his Sub- ects, can borrow no money from them , can not be engaged yy Covenant , Promife , or Bond unto them , which were noft ridiculous, and a do&rine as much tending to the real left; uction or JVlonarchs and Soveraignes,as anCelie: forxf hisholdgood , Subjects might never think themfelvcs Te- nure : And moreover that ordinance, could never be n ordinance of God, feing thereby Feople could never ex- pect the leaft rational ground of iccurity lor their lives , and vhat they have. -*ut we need not ftand on this , feing our Swr cur perceiving vel enough, what a gioundlefie and ii rational aflertion this )f the Rpyaliftl is, 1 inketh beftto ftnek in with 1 ex Kex nd giant ?ag. 100. ,7 hat where a Covenant is made be- ween a King and a Feople, the Covenant on the Kings >art , binds him 1 not only to God , in relation to the People, as the object of this duty, but doth bind him to eople formally. ] 4 Jt is alio clean, and undeniable, :hat in } n gdemes v.hichaie con n.cnly called hcuedita- y, the Sou is obliged to ptrfpimc the lame cc nations which 1 1 2 Arguments from the Cov. Cap. Vll which his father was obliged to perfome ) for as the law fayeth. Conditional^ Migatu tranfit ad h&redes L. ficjHts D.djt% Verborum obligatione. Rational People , condefcendmg ratio- nally upon the conftitution , did certanely pitch upon that way of conveyance of the Soveraignity, that might bell fecurethem, as to their Ends, and if none had been obliged | unco the conditions agreed upon, but the firft in the line > they had not rationally fecured thefe Ends. 9. It is no leffe cleare,That when the Soveraigne doth not performe thePrin- cipal , maine, and moft NecelTary Conditions condefcended and agreed upon , de jure he falleth from his Soveraignity. This all will grant, as flowing natively from the nature of a Compaft : for , qui non p\-&flAt offtcmm promiffum , cadit bene* fie to hac lege dato. He who doth not performe the conditions agreed upon , hath % 0 right to the bene fite granted upon condition of perform* ance cf thefe conditions. I do not here &y that every breach > or violation doth degrade him de jure ; but that a violation of all, or of the maine, moft neceflary, and principally intend- ed conditions, doth. 6 . Lawyers grant that every condition- jjf all promife giveth a right to the party to whom the promife is fc made , to purfue for the performance ; and this is the nature fe of all Mutual compacts. And therefore by vertue of this mutual compact , the Subje&s 3 have pis againft the King, a Right in law to purfue Jiim for performance. The worthy author of Lex Rex told US Bag 97. [ That even the Covenant be- tween God and Man is fo mutual I will be your God , andyee shall be my people , that if the people breaks the Covenant , Goa aj is loo fed from his part of the Covenant , Zach>\ 1. 10. and 1 7heO> ' i> en ant giveth to the beleeverafortofaclionoflay, and JUS quod* dam to plead with God m regard of his fidelity to (land to that Coven* ant, that btndeth htm by reafon of infidelity , Efa. 4. 3 • 2 ^ & 6 3 16. Dan 9. 4.?,] and hence inferred [7 hat fan more a Co- venant gtveth ground of a civil action or clatme to a People , andtbt free E fates y agatnjl a Xjng^ But fayes the Survey er Pag. io\, [It had been better Jaid , That upon this ground they might humbb plead with him , fupplicate and reafon with him, as Cod's depu( bearing the imprejfe cf his Soveraignity and Majefiy on earth : M as God cannot otherwtfe be pleaded with -> upon account of his promi( ( vhtretn be is bound not fo much to us as to his owne fidelity , to evi ^ dene Betwixt King and Subjects. 1 1 j ienceit, reddit ille debita nullidebens) and cannotlt pleaded nth bj force cr violence : So his deputies en earth , on reborn . under itmfelf) he hathfamped inviolable Alajejty , whatever they be, are not to be pleaded with byflr&g hand and force. ] Anfw. 1 1 he had shewed. i. That Magistrates could not mile any. 2. That Subjcfts had no hand in making thefe conditions in the Covenant betwixt Them and the King. 3. ISor any hand infetting up the King and conferring that benefite upon him, on iuch and fuch conditions > then his inference had had fome colour: but now hath it none. 2- lnferiour M-gi- ftrates are God s deputyes aswel as the Supcnour 3 and yet vvefinde no imprefte of Majefty or Sovereignity on them 5 but thev may be oppofed when doing injury. 3. This is 1 large afTertion , which 1 much doubt if any Royalift will defend That the Supream Magiftrats whatever they be , can in no cafe be pleaded with by ftrong hand and force. Sure we heard Qj*. 2. fome concefHons fmellingothervvife. 4.. Himfelf will grant that notwithftanding of all his Ma- efty and Soveraignity , a forraigne Prince may reilft him by Force, and plead his right with a ftrong hand, hovvdotli te then fave his Majefty inviolable? [But [ fayes he P 102. ) who wtU'iudge it mre reafon y that thefe who are plaint/ fes , mall be judges of the party they compleane of , more then t,:i pay t Prince, judge to them? Is notthts aperverjicn of all judgment ^ that in Vne and the fame b>dy politic^ the accuser and judge si: all be- co t>. ct^ \lent-> tn the fame perfon or per Cons.] Anf. This makes as much igainft the King, asagainltus; forbythis reafonthe King lath no ]ns over the People, more then they over him , and tan no more plead his caufe > then they can: for himfelf cannot be judge and plaintife both : and if this be the perver- fionof all judgment, we have feen enough of it, where the King hath been both judge and party purfucr by hisadvo- tate. But let him anivver this himfelf, and be will help us to anfwere alio. Againe he faycthinthat fame Page? [Though if be true , that all c ovenants snd ccntracls amcngf?r/.c n , tmbodyedtn a ( cicty, brings each of 'the contratfers under a I -w c aime% in cafe cf failing (coram judiceproprio) before Its ovne and c m~ detent Wdge : yet tt is not true , 7 hat any com raft y betwixt man H and ii4 Arguments from the Cov. Cap. VI, and man , in one and the fame fociety , giveth the party keeping cort\ trad, co-acltve pover over the party breakjng.] Anfw. He is but a raw lawyer that fayes Co , for if one Man fet a piece of land j to another? for fomany yeers, foisfomuchyeerly, and the other be bound at the expireing of thefe yeers, to remove without proceffe of law, The party fetter hath by contraft acoactive power, and may ufe Major w/and thrufthimout with the broad fword> without further a&ion of law. But (layes he P^g. 103.) [There is no judge over ail Magistrates, nor thtt Sxpreame Magiflrate , before whom a complatneing people can plead throng done to them. 7 his complaint elyeth before cod only to take order with it.~\ Anfw. When Atmf&tis objected that, The, worthy and Learned author of hex Rex anfwered , [7k the cenfequence "was not necejfary , no more then when the King of Judah and the !(jng of Jfrael make a Co venant to per for me mutual dutyes or:e to another ', // is necejfary there should be al(tj?g and fuper tour Ruler above both . who should compell each one to do a duty to hts fellow! f(ing and People are each of them above and below others , indtverfe « refers.] Butin cometh this SurveyerPag. ioo, and tells us, there is a great difference [God having allowed lav ful wars , al- lows feeding of reparation , or repelling of wrongs done by one Nation \ ft to another , by face of thefword , when no rational meartes can bring i ft the doers of the wrong to do right , and there being no other remedy , J] he him [elf, the Lord of ho fie s , and God of armies , fits judge and ^ moderator in that great bufinefje , and , in the ufe of war, is appealed \* *>, to as judge, there being no common judge en earth to Jit on the caufes .^ cf thefe independent Nations, But God having fet and established tn i 1 ene particular Nation and political foctety , hts owne ordmance of \ Magtflracy, to which every foul muft befubjefl, andall fubjeclto m the Supreme. &c.~\ Anf. T his fayes wel when the difference or? ^ difput is between two fubjefts, both under one Magiftrate ; but it fayes nothing to our cafe, where the difference is be- ,, twixt the Magiftrate and theSubje&s: for in the other cafe i| there is a judge over both eftablished , unto whom both are, ^ fubje&s, but in our cafe there is no judge on earth Com- " mon to both, or who can fit and judge in fuch caufes: fori the King muft here be no more both judge and party then the / People . and fo the cafe i$ irremediable unleffe there be an . . allowance Betwixt King and Subjc&s. i ij Ilovvance of repelling force with force : for in our cafe here are no rational meanes which can be ufed to bring the ?rince to do right unto the injured Subjects : and therefore if 3od allow war, in the ufe of which, he is appealed to as udge , betwixt two Nations , he wil allow alfoaneceffary ieienfive warre in Subjects againft their Soveraigne when :here is no other remedy , or rationall meanes of redrefle. This Man dictats but what proyeth he ? [ The Magiflrates pre by their official power , abive the whole Nation^ and as abfurd it is to fay thej art above the powers , which Gcdhath fet over them {as L. R. pag, 460. fayeth tkr a fiscally he h.tth proved unanfwereably ) is to fay that every parish is above the Mixtjler , m an ecc'.efiflical vay-i though h; hath official power over them all, or th.it every Lord n Scotland hath then Tennan:s arid v.:fials above them , a thing phtch the nobles of Scotland had need tolook^to\ for cert Jtzely the principles which lead to Subject /(tngs to People y lead clearly and by tndoubted confequencey to Subject them to their vatfalls , and to all inder them ,yea and all Majlers tofervants, and parents to children , %nd to confound and invert the order of all humane focieties. ] Anf 1. The Jaw will tell us That in mutual compacts the party >bferver is Eatenus in fo far, fuperiour unto the party who aileth. 1. The author of Lex Rex fayeth truely and not Fhrafonically fas this Thrafo , and windy man, allaigeth, vho would make the world belceve that his one word is 'noughto confute all which that learned author hath folidly j»roved with fuch reafons that he thought ( with the little wit ie hath ) it was more wifdome to forbeare once to name hen to offer toanfvere^ th.t he hath proved unanfwere- bly (if not, let this windy Thrafo try his hand in confuteing lis reafons) the Peoples power above the King. $. This lan's reafons are as weak as water. For 1. the Paroche ; fo above the Minifter, that , in cafe he teach hrrefy, & here be no ecclefiaftick or civil power to put him away , ley may fave their owne foulls , thruft him out , and choofe nother more Orthodox. 2. All know that the Lord is ■ound to the VaiTalls, as well as they are to him , and that thii -ord may not opprcfle them , or if he tranfgreiTe the bounds nd limites prefcribed him , tfiey will get aftionof law> II i yea 1 1 6 Arguments from the Co v. C ap . VI , yea in fome cafes be free to renunce him as their Supream * andchoofe another. Let the nobles take heed they drink not in this Man's do&rine: for if they arrogate to themfelves a power to opprefle , pillage? plunder, murther, Maflacre> their vafials , ( as this man pleads for fuch a power to the King? without control ) I fear their vaffals let them know they are not (laves, 3. What a poor Politician is this? He fpeaks this , to move them fo much the more to owns, the King's caufe , but who fceth not , that he is either 3 falfe or a foolish advocat for the King in this matter , for if! the King get no moe on his fide but the Superiour Lords, &: if all the Vaflalls andTennants beagainfthim, he will have: the weaker party by farre , on his fide. 4. Iwoulddefire; Nobles & all to take notice of this, that he would here feem to give to the King, as much power over them and all the land, as Matters have over their Tennants, who have their lands only fronvthem upon certaine conditions , and may be removed when^thefe conditions are broken. 5. What a fool is he to put Tennants and Vaflals together? doth he not know that Lords have more power over their Proper Ten- nants , then over their Vaflals ? 6. Doth he think that Servants may not in fome cafes be above their Mafters -y a noble man's fon may be an apprentice to a very meane man ; Butthinks he that Servants wi'lgetnoaftionof lawagainft their Mafters , or if there be no law or judge , over him and his Matter, he may not defend himfelf, againft his Mailer's tinjuft violence \ 7. As for the fubjeftion of parents to Children it is impertinent in this cafe , as shall be shewed in due time , and yet we know that the father hath been a fub- jeft , and the fon a King over him , and we know alfa that, in cafe of neceifity, the children may defend them- felves againft their father taken with a mad phrenzy* Then he adds [„ This truth we muft cleave to, that in one and the 3, fame civil fociety , where God hath appoynted Rulers and 3, Ruled /Subjects cannot without facrilegious intrufion 3> and contempt of God , fnatch the fword out of the Magi- 3, Urates hands to punish him with it (though in fome parti- ii lars he abwfeit J neither can a war intended for this end by „meei Betwixt King and Subje&s.' 117 >meer , private perfoncs, be Iavvfall againft their head or , heads.] Anfr. We may let him cleave to this truth , and his truth cleave to him, and be no lofers : for we fpeak not of Subjects taking the fvvord of juftice to punish the King ; ve fpeak of no warre railed by the fubjecte for this end: wfl plead only for a power in private Subjects to defend them - elves, in cafes of neceiiity, agamft their head or heads > [and he, nor none of his party, have the forehead to deny ;his to be lawful in lbme cafes ) efpecially if the Magift ibufe his power, not in fome particulars only , but in many, md in many maine particulars , if not in all. Having thus cleared and vindicated the c. thing. The 7. Andlaltisthis, which folio weth alfofrom the former : viz. That when the Prince doth viclate his compact 5 as to all its conditions, or as to it's cheef, maiue, and rnolineceHaiy condition , the Subjects aie de ime free from fubie&ionto him , and at liberty to makechoife of another. The very nature of a compaft doth cleare this : For it is abfurd to fay* that in a mutual conditional compact , one party shall ftill -be bound to performe his conditions , though the othe: pcrformeth none of his conditions , or performeth not the maine and principal one. It is abfurd to fay, that when one ha:h given a benefice upon a certaine condition , that he is ftill bound to beftow th.it benerite, though the condition on which he promifed it, be no way performed : V7ere it the ra- tional aft of rational creatures to let up Soveraignes upon thefe tearmes I or to lav , wcechoofe thee , to be our Soveraigne upon condition thou rule us according to juftice and equity , and not tvrannizeover us , and yet we^hal! al waves hold thee for our Prince and lawful Soveraigne , Though thou should cranfgreiTe all law^s of equity, humanity, and reafon ; and deal with us as fo many sheep , kill whom thou will , for thy fport and luft, &c. will any body think that rational men would do foi Thj law tells us L. fifund. c defd That c(jf.tnte cahCi , >.im res tit d.t/*t , \tgnm dtltt redd/ . ore we come to draw our argument', hall tirft roll ou: of our way what th I.' i r8 Arguments from the Cow Cap. Vl{ fpeaks further againft thefe Covenants, ?ag< S8 , 8p, <>ot4$ 51, 91 , £5" 5>3- He hath five particulars vriiich he touch- ** ethon. . The firft is this, [ It is erfly conceded (fayeshe) that there\^ is a mutual obit gat ton betwixt Magtflrats and Subjecls , to mutual * dutyes 3 which is indeed eflential to the conjiitHtton of the polttt^e bo* V dy \ but this obligation arifeth not from any tacite or exprefle Cove- '* nant betwixt them, but frcm the ordinance and wilt ofC od, en'joyn;ngi ' them thefe dutyes in thefe relations, in that fcctety , wkeretn ti.cy ariJ' combined.] stlnfw. f, Subirdwata non fugnant . This mii-."1 tual obligation may arife both from the Law of God , Wm\ from the Covenant? without any repugnancy. 2. If this*12 obligation arife only from the Law of God , neither partyes r shall be formally obliged unto other, but both obliged only I unto Gods and yet we heard himfelf fay Pag. 100. that I 33 [ Where a Covenant is made betwixt a King and a People, |fi 3, that the Covenant on the King's part, binds him not only I „ unto God, in relation to the People as the object of the r ,, duty, but doth bind him to the People formally. ] Now, r whence arifeth this formal obligation, it not from the Cove- f nant? 3. Bythismeanes the obligations of fidelity in the 'I00 fubjeftsunto their Princes , have no rife from their oath off* allegiance, which he elfe where calleth Fad*** umlaterum. 4, To what purpofe then areCovenants and compatts made, If by vertue of thefe, each party benot formally obliged :ffl unto other? For if David's Covenant with the People of a htfrael laid no obligation upon him,he could not be faid to have made a Covenant with them, more then with the Yhiliftimer^X and yet the Scripture tells us, he made a Covenant with ifraek &» And King hash made a Covenant with the People, f . I do n not well underftand , how an obligation to future dutyes can be called eflential to aconftitution , which neither flow- ethfrom the conftitution , norgivethabeing to the confti- tution. 6. Againe, if there be no obligation unto thefe mutual dutyes , until there be a conftitution by compaft, andif then the obligation be eflential, how is it imaginable that the obligation stall have no fubordinat rife from the cpnW Betwixt King and Subjefts. 1 1 9 onftitution , or compact whereupon the conftitution is funded i The 2. thing he fayeth , is, That though this obligation e mutual, yet is it not conditional, and how proves he .lis ? I There k ( fayes he ) a mutual obligation to rnitttti: )es betwixt Parents and Children , but tt n not conditional , the* if 7aren?s ie unduttfull , Children shall be Uojed from their ditty , or n the contrary. ] So is it {foes he) betwixt King and ,eople. , and then citeth Caium. inft. Lib. 4. cap. 2.0. §. 19. 3ut it iseafily anfwered.That there is a vaft difpanty betwixt he rife of that relation, which is betwixt King and People, nd that which is betwixt Father and Son : And this being •nee difcovered the parity difappeareth : And 1. Subjects ome not out of the loyns of their King, as Children do out of he loines of their Fathers, r. The Son createth not the :ather as the Subjects create the King. 3. Yea Children lo not fo much as give their confent that fuch anoneshuil >e their Father, before the relation have a being, yetRoy- ilifts will grant this much , unto the People , in relation to heir King. 4. The relation betwixt Father and Son hath lodependancelefleormoreupon any act of will in the Son , >r upon any Covenants, Agnements or Compact , exprelfe >r tacite , betwixt the Father & the Son , it is not fo as to he relation betwixt King and People; for before thismu- ual relation arife , there mull be a conftitution , and this :ouftitutionincludeth, atleaft, fomeactof the will in fub- efts, fome previous confent. 5 . This relation can never :eafe, fo long as both are in life, but the other may, by a Subject's choofeing to live under another Soveraigr. .he Father do what he wil , the relation betwixt him and Jon shall never be loofed or weakened. But the greatest loyalifts will grant, thatinfome cafes, the Kin^ ma nadenoKing, and his relation eicher wholly taken away, or nuch diminished. So then the coofequenflc is null , that )ecaufe Children are not bound to their Parents conditio! y j therefore S c no: bound coodtrionaUy to t Prince: For Children have no hind in making up , betwixt Parents and them • the H 4 mu b 12 "» "5 3 Arguments from the Co v. Cap . VI, much as required ; but in making up the relation betwixt i King and Subje&s > there is a previous compact required > in which compact? the People have their great share: Children give no: paternity unto their Parents ; but Subje&s ! give the Kingship , at leaft inftrumentally , under God y and they let up Kings, when they might let up Nobles % and fetuphis Man , when they might have fetup Another, can Children do iof How then shall the cafe be alike? And the one be no more conditional then the others Next , as tox Qalvm we willingly with him grant , that Subjects are to obey evill Magiftrates 3 and to do their duty to them , though the Magiftrates should come short of theirs j as Wiv- es, & Children are bound tolove and be Subject unto unduti- ful Husbanus and Fathers. But Qaivm will not fay, that in no cafe a Wife is loofed from Subjection to her Husband : adultery and wilful defertion will give ground for a divorce % 3ndthatfayes that the Wives fubje&ion is not abfolute , but conditional \ though we fay not , that every breach of fome or the conditions , loofeth the obligation . Neither will Calvtnfay That in no cafe, the Soveraigne may be oppofed pr refilled : Or > that in no cafe the obligation can be loof- ed ; for tbtd. §.31. He granteth liberty to the Eftates of a Land ( whom yet our 5Wz/ that [the fancy of a tac'tte virtual natural Covenant betwixt King and People , overthrows the diftwflion that dl found protefiant Ctvmes and Politicians mahe^betwtxt a limited or pactional Prince and an abfolute Prince , or one who # inte- gral Majeftatis. ] Andthenhecitethi?/^/. mPfal 6%. Ger- hard de Magttlratih Pag. 13 1 1. mtb$ (or 9 3 5 • ) And therein > hefayes > they agree with Cdvim in the place cited. Anfwm That there arc abfolute Princes de facto, who come to the Soveraignity by falfe and corrupt meanes, or by conqueft , we deny not , but we are fpeaking of Princes deJurey and cf princes let up t>y the People , which is only to our pur- pofs Betwixt King and Subjects. m pofe. Ic is true, Rivet1. ( a very short fum ot allthe found Pro- teftant Divines, tnough he joyne Gerhard with him coo, who is but LutUntn Proteftant, and for his Politicians we fee none) make ufe of fuch a diftinction, but aflert not pofirjvely that fuch an abfolutePrince is hwiuLcalvm maketh ufe of no fuch diftinction, and if they agree with him, they fay no more thenhefayeth, and what hefayd , we have heard. But fayes our Surveyer it is [ t alfe to fay that an abfJutz Prince n contrary ta the Word ofJod : for as our Laves allowes our f(jngs to beahfolute^> , tn exprefje tearmes Jam. i. (he should fay J am. 6. ) Pari 18. Ann)> i < 06 , ] Anfa. Our La wes and efpecially of that Par- liament > and the Like > are evil proofs of what is lure Dtvsno, or not contrary thereunto. But of that Supremacy granted to the King , by that act and others > the ApAogy hath fpoken enough . Furder he addeth , [ So the Scnptun is not agatnft an ab folate Vrtnce , as our Laves and we under (I and htm : ] But ho \V is that i May he Ruleas he lifts ? No, for [ He is fnbords. nate ( fayes he J unto God and ha Laves , and he ought alfo to rvalue according to tie pArticul.tr good Laves hz hath made v/th conftnt 4>f his People. ] This is more then other Royalifts would grant to us, for he acknowledged him not only not above the Law of God, but alfo not above the municipal Lawcs , and confequently not above the fundamental conditions ofthe conititution : And we are furein this, This King hath fowlely broken, whatever he doubt of. But how is heabfolute* [ Hctsabfolute ( fayes he ) that tf he deviate fa is net under co- aciive power of Subjects , th^t tley thMA have Lav - datme a- gawjl him , and m their courts of nature and r. cceffity , pronunce judgement upon him y to dtjlroy' him , far Ufie that by virtue of th:s fmpfofed tactte Covenant , any minor private party cf the People , may pull I\j»g and all Magiflrats cut cf tketr feate > fun.sh them , and poffifp themfelves in tken roimes , as Naph- taly fttytf] Ar?fv. \Vhat he layeth to Na:f.tal/s charge shall be confidued afterward. 2. To fay that Subjects have no law cluimc againft a King , who brcaketh the maine and prin- cipal condition , or all the conditions ot the Covenant made betwixt Him di\d the People, is to dull. .:ure of the mutual compact > made between H JiePeoplca H 5 have ! xi Arguments from the Cov. Cap. VI. have shewed. 3. By this it feemeth all the abfolutenefle thathefayesisdueto the King, is, that he is from under the co aftivc power of Subje&s , but though this were granted to him, (which yet we cannot, becaufe of what we have faid already) we should fufFer no loflfe as to our intendment: for if this be all his abfolutenefle , then he may be with*- ftood, andrefifted ('though not brought to the barr) even by private fubje&s , when he contraveeneth his principal conditions , and breaketh Covenant unto his people : and this is all we contend for. The fumme of what he fayes in the 4 place , is this {If here there is freedome of Eleclion [asm Germany and Poland, where there it but perfonated and painted K mgs) there may pjjibl y be exprejfe limiteing conditions allowing feme to coerce devtattng foveraignity. But in ail proper Monarchies , there is neither tacite nor ex preffe Co- venants importer ing any to be fudges over the Kivg. Some Kingdomes are attained by a conqueft in ajujt rvarre (which is afufftctent title) (3 this power betng hereditarily transmitted , the fuccejfours receive power from the Parents and not from the People , nor is there any shaddow of tacite or exprefe Covenant in this matter J\ <4nfw. \p Ifhebenot well pleafed with what Lex Rex hath faid, con- cerning conqueft giving a fufficient title to cro wnes,hc should have confidered and anfwered the arguments there made life of, and not jejunely have told us he is of another judgment ; for they are either fooles, or mad who will beleeve his bare word, better then the worthy author of Lex Rex his afler- tions baked & confirmed with many folid & unanfwereable arguments, 1. This though true , fpeaks nothing to our purpofe: for we fuppofed alwayes that ourKingdome was not founded upon a conqueft, and we never heard any fay it was, till this unnatural abjeft arofe to fpeak non fenfe , of which more prefently : We never heard a King challenge it upon that account, nay, nor fay that ourKingdome was ever conquered by any of their predecefibuis , except King lames, who in his bafilic on dor on , allaiged that Fergus the firft , was a conquerour, contrare to the" teftimony , of all approved hiftorio-graphers: what meaneth the large long roll of the King's predecedburs , that is read over at the coronation ; doth Betwixt King and Subje&s. 123 doth any of our lawes fpeak fuch a thing ? or do they found his abfolute power upon fuch a dreame ? It would leem the caufeisdefperate and gone? when he can get no other bot- tome to his abfolutenefle , but a fiction or his diftempered braine , which may defervedly make him odious to all true fcottishmen, and may (and poilibly wrill) make hiscaufe odious alfo , to all who are acquanted with the true , genuine and ancient conftitution of the Kingdome. 3 . This raw Statift exfcreats his raw notions, as hcpleafeth, but they muft be rude and unskilful in this matter , that will think to digeft them. He tell's US that the Emfeiontrf Germany And the i(jng of Poland art but painted Kings , and Monarchs \ and toconrirmethis, tels us that, there are no Monarches, or proper princes 3 but fuch as are abfolute : What will then become of theDiftinftion, of all found proteftant divines and polititians , which he mentioned in the preceeding page? Do they think that all the limited and pactional princes , are but cyphers, or as painted men are men, fo are they but painted princes * Sure none of the divines he named take fuch princes for no true princes. 4, If in proper Monarchies , there be fuch Covenants and compacts tacite or exprefle, which will give a law claime unto the Subjects againft the King, and a in* againft him , as a formal tranfgreflour of his Covenant made with them , and liberate them from fubjeSiontohim, we could have enough for our bufinefle , though it should be granted, that there is no Covenant im- powering others to be his judges. Though it should be granted ( which fome politicians Doubt of ) that in King- domes purchafed by cor.queft , the power hereditarily tranf- imitted, should be received from the parent, and not from the people ; yet in Kingdomes founded upon a lawful and free conftitution , the fucceflbur , ( as we shewed above ) hath his power not from his prcdecefTour , but from the conftitution , or the people condefcending upon the con- ftitution, But he thinks to obviate all this by what he fives in the placeviz. That our Kingdome is not founded on any uch Covenant , but rather ou a cor.queft, of which he en i 1 I ^4 Arguments from the Cov. Cap. VI. giveth five remarkable inftances. Thefirftis, That Fergus the fit B, was not admitted upon conditions* but the 'Subjects ', by their cm Jo cox firmed the /(jngdome to htm , and hits pofleritj : and that the UacLjtool^of ptiflcyfayesj Fergus made htm felflQng. Anfo. i. What that black book of pa/ley (which neither he nor I ever favv) fayeth, is not worth the inquiry to fearch, Seing all other hiftorians, fuch as lohn For don , Iohn Major* Boethtus , Boilamhadey be fide Buchanan , fay , that he was freely cho- fen by the People. And the ftory tells us , that he was then in irland, when the Scots fent for Him, how could he then make him felf King i 2. If he had been a conquerour , he might have tranfmitted the Kingdom unto his (one, with- out the confent of the People, and yet we fee this wras not done y yea we finde that the People would fuffer none of his fones to enjoy the place after him , becaufe unfit for government , but made choife of a third perfon: and when his eldeft fon did afterward challenge the Kingdome as his ovvne, he was made tounderftand himfelf better. }. It is true Buchanan mentionethnooathof the King , but that will not fay , that there was no compaft betwixt Him and the people , There might be conditions communed and condef- cendedupon, though the King was notputtofwearethem. But however , that there was an implicke and tacite Coven- ant, at leaft, betwixt them , Is cleare from the oath of the People confirming the Kingdome unto him ; foritfayes that all the right he had unto the Kingdome, was from the" People > and that he could not be fecqred in it but by them* and feing they gave him the Kingdome, and did fecure him ink, Nature and Reafon will fay, that it was upon good tearmes, particularly, that he and his should not tyrannize over them, but should rule them aright : and though there be no written contract concerning this, extant, yet their con- ftant after-pra&ice doth abundantly cleare if, for, though they confirmed the Kingdome by oath to him , and his po- fterity , yet their choofeing o£ F&itharts his brother , palling by both his fones , fayes , that this condition was tacitely underftood, viz. provideing that they, should be able for government and to difcharge the place , and accordingly they Betwixt King and Subjects. ny they did dien cftablish it , in a ftanding law for time to come: and after this manner , and according to thefetearmes did choofe their Kings until /\cnnethw the third, by force or fraud, obtained a change. So their taking courfe with fucfv of their Kings , as did tyrannize > fayeth , that this was an- other condition of the compafr, viz. That they should hot tyrannize , but governe nghteoufly : Thus we fee thefe after practices are clcare {landing commentates, fufficient- lyexplaineing the nature and maine conditions of that com- pact. His2inftances:i^of/rr^«/thefecond, the 40 King. [}t1* by bis valour, under the covdncl of dtvtne providence^ (3 by the kel* ef D ones and other s , rrtth fame fm.tl. rematneter of Scots , re aver ed the YLtngdome and rv.ts n;t beh'Aden to the People Er it , nor bad ft bypacl/ontp/th them.] Anfrv. Enchanan tells US, that he was called home ad regnum avitttm fufctptendum , to take upon him theKingdome which belonged to him, according to the ancient conftitution , as being of the family of. vpu* and then giving proof of his provvefle , and ability for go- vernment , and accordingly being then in Scand/a or Normay tooktheoffer, and came home, accompanyed with the ba- nished Scott* and fome Danes: and after he came home, after the wonted cuftome , morepatno , he was created King by a Parliament; for, com/rt/sferaft/s, the Parliament being end- ed , he falleth about his work, and at length freeth the Kingdomeof its adverfaryes : Now, how can he be ac- counted a conquerour, obtaineing his right to the crowne by conqueft, who had it byafaire, free T and full call of the People, who might have chofen any other of that race, rhathad been temaineing, and qualified for their purpofe ? This is ftrange doctrine,to fay,that every Prince who cometh co his Kingclomc , by the free confent of his People, inx TOublefome time, becaufcthat through their help anefcon- :urrence , he freeth the land of Enemies , and reftoreth peacetothe i.ilu is a conquerour, and hath no right to the Crowne, but by his fvvord . He will not faythac every conqueft will give a jufttitle, but a lawfull conqueft* now what right had Fergus :o conqucre thefe adverfa:: Whac. 1 26 Arguments from the Cov. What title or claime could he lay to that crowne from whence he and his forebears were banished or conftrained to flee, if not by the ancient grant made by the People unto Fergus the firft and to his race ? So then , his right was not obtained by the fvvord , but only the peaceable pofleiiion thereof, and the practice of the people afterward when his fon Conftantinus came to reigne , and turned vitious , de- clared whether they looked upon this Fergus the fecond, as a Conquerour, and upon vvhattearmes he and his fucceflburs had the crowne : forbecaufeof his vitioufnefle , andrefufe- ing to amend his manners , when admonished by the No- bles, they were almoft at waging war againfthim, and of revolting from him , had not Dougall of Galloway dilTwaded them. His 3 inftance is Kenneth the firft the 50 King ( He should havefaid i{enneth the 2 the 69 King, for Kenneth the firft died within a yeer after he was made King.) \u>ko defrayed the pifts, and enlairged his Kjngdom by the acceffion of theirs, purchafe- ing mote and better lands , then he had before , which he dijlnbuted to his Subjects , he held not his pur chafed Kingdome of them by contract or paction'} Anf What right a Prince hath unto lands, which he purchafeth by conqueft or war, is not the matter of our difput , but what right Kenneth had to the crowne. Now , fure it is that before this conqueft made , he was crowned , upon the fame ground , that his predeceflburs were: his future conqueft, then uncertaine , could not alter the ground of his receiving of the crowne, when his father 'Mpmditd 2. Whatever fuperiority, he might challenge over thefe Subje&s unto whom he gave thefe new conqueft lands, it had no influence upon his holding of the crowne: and that his very next fucceflbur and brother Donaldknew, who being given to his pleafures, loft a noble vi&ory which they Had obtained over the Englishes, and after he returned from captivity , following his old life , was caft in prifon by his owne Subjects. And his Son knew italfo> for he was put by the crowne conforme to the old law, until this 'Donald died . So that notwithstanding of all this new purchafe, the people knew that the conveyance of the crowne did Betwixt King andSubje and was held of them after the old tenor. His 4. Inftanceisof R bert Bruce> whom our Lawes of JU^iam Majeflatem call Coxqtiefior Magnus , [ He re- conquered the YLt?gdomafer the Nihility of Scotland hadfirfl at Berwick , then 44 b, Andre wes, tn flame Parliament , frorne homage to tke King tf England , v>b$ vtll afftrt there vere pactions betvtxt him and the People i ] Anfv. We kno w out of Hiftory, what a milerable condition the Land was brought untO) through occaiionof that divifion and fad difput that was in it , concerning the neareft in the line : and this was the bitter frute , that Scotland. reaped of the change of that laudable cuftome eftablished near the beginning of the constitution •, whereas had not that been changed in the dayes of Kjnneth the third , the fit- eft perfon to governe might have been chofen , and that had prevented all this confufion and mifery , which the Land was brought unto . 2. Though Bract at length recovered the Kingdome , yet he received not his crownc upon that account, but before he attempted it's recovery, out of the hands of the Englishes , he was crowned King at Sccney in A- prile 1036. and there received the Kingdom from the Scots, upon the old account , and according to the old tenor. Though he be tearmed a great conquered, as having re- covered the Land, out of the hands ofthe Englishes, as if it had been a conqueft , when as it was really , but a recovering of what, he was bound by his place and power , to recover; yet ue neve- linde that he claimed a right to the Land, u- >on that ground of conqueft , but ftood upon the old >afic . 1 lift Sc laft inftance is of this King, „rIt is known (fayes ,he) our Nation vv3S totally fubdued by the English , and » continued fo, for the fpace often yeers, The Repiefenta- s of Shires, and Cities, and Towncs comlined intoa i> Commonwealth government, and fentt heir cemmiifioners „to themeeting thereof at Led. 71 , where the King's ii u.eftwasdifclaimed; yet in a wonderful way God brought himinagaine , and finding us at his coming , a fully con >, quered and lubducd nation, reftored us to our frcedome, „ from 1 28 Arguments from the Cov. Cap. VI. 5, from the bondage of foreigners.] onb,m \ djourJw.rneKtngtefreevs, when he should be sn capacity to do it. It may bt angered, i. It ts kpowne that when the faal fire I fundus ,nto bondage was gtvta , there *as an ex:rcffe difewnewgef hts tight , by public i^ judicatories of the land , in the quarrel with the English Seclaryesybefore Dunbar ;] Anfr. He should firft have removed this objeftion, It was upon the Kings account that the English army did invade us : had we forborne to have lent commiffioners to have called Him home , The Englishes would never have invaded us: for that was their only quar- rel j_ Becaufe we had taken the Head of the Malignant fa&ion Into our bofome : and fo , had we for -borne to have owned his quarrel, we had neither been invaded , nor fubdued by them, and there had not been fo much of our bloodshed, as there was. Andis this all thethanks that now we get for our vaft expence of blood , opprdfion . and Ten years bondage , that we muft be declared a con- qucft and a fubdued Nation? 2. Jtisamanifeftlye, to fay that his intereft was cxprefly difowned by the publick judicatories of the land , before Dumbar fight : for that act of the Weft «jrk ( to which I know he lookcth ) was not an exprefle difovyning of his intereft as may be feen by the aft it felf, which was as followed*, [,,WfflVtthe 13 dayof^i/?.l6,-c. The comm.HIonof >.the ^enerall Aflemblyconfidering , that there mav be iult aground of Humbling from the King's Majeftics rxfufemg * otO 130 Arguments from the Cov. Cap. VI, 3f to fubfcribe and emit the declaration offered unto him by 3, the commmitee of Eftates , and commiilioners of the ,, General AfTembly , concerning his former carriage , and 3, refolution for the future , in reference to the caufe of God , 5> & Enemies & Friends thereof} doth therefore declare that 35 this Kirk and Kingdome , do net owne nor efpoufe any 3, Malignant party or quarrel 5 or intereft • but that they 3, right meerly upon their former grounds and principles, 3, and in defence of the caufe of God 3 and of the Kingdome, 3, as they have done thefe twelue yeers paft, and therefore 3 ? as they do difclameall the finne and guilt of the King , and a, of his houfe \ fo they will not o wne Him, nor his intereft, 3, othervvife then with a fubordination to God , and fo far 3, as he ownes and profecutes the caufe of God , and difclai- 33vmes his and his father's oppofition to the work of God, 3, and to the Covenant, and likewife all the Enemies there. 3, of 5 and that they will with convenient fpeed take in conft- 3, deration the papers lately lent unto them from olr&r Crum~ 3, Mj 2nd vindicate themfelves from all the falshoods con- 35 tained therein, efpecially in thefe things, wherein the quar. 35 rel betwixt us & that party is mif- ftated, as if we owned the 35 late King's proceedings, and were refolved to profecute 35 and maintaine his prefent Mayflies intereft , before and ^3 without acknowledgment of thefinnes of hishouie, an4 35 former wayes , and fatiffa&ion to God's People in both 3, Kingdomes ] Which when the committee of Eftates had feen and confnkred 5 they did approve the fame, and hear- tily concurred therein: and what could this honeft and moft feafonable declaration import , but only that if the King would not by a declaration, acknowledg his forrow , for his, Sc his father's carrying on a courfe deftruftive of the work of God 5 and his renunceing of the Malignant intereft, and all who would owne the fame 5 and his purpofe to adhere unto the Covenants 5 they would not efpoufe a Malignant quar- rel but fight upon the fame grounds and principles , that they had done for twelue yeers before , aud only owne him fvith a fubordination to God, and in fo far as he didown< the caufeof God, andrenunce Malignancy and Malignant*, and I Betwixt King and Subjefls. 13 1 \ And that they would take into confideration Oliver CromweVt papers, for their ovvne vindication , and clearing of the true Rate of the quarrel, Which was neceffary, before they did engage in right? And would this Malignant Gnatho have had the Land and the publick judicatories thereof , contrare to their Covenants 3 & many Purpofes. Refolutions, Vow- es & Engagements, poftponing ChrilVs interefts unto man's and hazard Religion, Libertyes & all, for one, who would not declare himklf a friend toChrift, and his intereft ; but wouldperfiftinaftated oppofitionto Chrift and his cauie i 3. But let him make of this, what he will, fure his intereft was owned, when he, upon fecond thoughts emited that de- claration at Dumfermline, upon his refufal of which, this aa made at the weftiyrl^ pafled, and this was before Dumb.tr fight. So was his intereft fufficiently owned, with the fubordination requifite, when he was crowned, which was not very long af- ter that ftrokea Dumber , and after which we gote blowes cnew,and were reda&ed ax length to bondage. What fayes he next to this? [2. W hat ever engagements were uton him for the good of the Norton ; yet tf theft mens principles were to be followed they could have hdd no force on him^to mo vt htm to labour our vindtca - Uon into liberty , for do not they teach that in the mutual contract and Covenant betwixt l when they were over powered and could do nothings yet by their Repre- fentatives, he was dtfowned ( w'.tch in law would benicned their cwnedeed\ and if a fwome people defer te and dt flat me their lying by their Reprefentattves , may not the lying alfo have the benefite of the conditional Covenant, and leave them as be found them in bon- dage to foreigners. But fucb was his Majejiiet gractoufr.efs and wifdom as well as confcience of duty , that although the Ndtim hdd failed much to him , he would not-w.il^ after the ecunfel of thefe t men * And n>e may (all things confidered) sfferr that the people of I Scotlanddo rather owe their liberty to him , then he doth lwc his m+ i ^'0 t0 ^em > or h vertue of any Covenant with them. 1 A*(w. I • fl By what he hath been formerly faying , and by the tnfl I i winch 1 3 2 Arguments from the Cov. Cap. VI. which he hath brcught , vve fee what is the fcope he driveth at, viz. To have us now a formal conqueft, that fo the King may tyrannize over us, and deal with us, ashefeeth good , JHiecor/qMefius , as being. nov v free from all bon ds and obligations, which ever pafied betvvixtHim and the People. For the flit particular which he undei tooke to cleare by thefe tiveinftances, was, that the conftitution of this Kingdome neither was , nor is, founded on a Covenant betwixt King and People : and yet we fee the poor man lb ftraitned that he knoweth not what to fay: He would fame loofethe King from all Bonds and Covenants , a-»d former obligations , and yethedar notpofitively and clearly aflert it, but onlyfayes it the King would follow our principles , he would account himfelfloofed from all : Butunlefie, he aflert it clearly and pofitively , that the King , is really loofed from all his form- er obligations . he fpeakes nothing to the poynt, butmuft grant, thatatleaft as to this King, the conftitution is found- ed upon a conditional Covenant ; and though we should yeeld all the reft, if he grant this to us, we need defireno more, for all our Ends. But 2. in good earneft, let him tell us, Whether the former engagements which were upon the King at his coronation , be loofed or not ? If they be loofed and made null, becaufe of what thefe fuppofedRe- prefentatives did ; Then 1 . we have a new ground of dif- iblving thefacred obligations of the Oaths and Covenants , which the King made with God , and w7ith his People ,• which was not thought upon till this needle-headed man did invent it. The King himfelf at his returne, gavenofuch ground. 2. If he think that thefe Reprefentatives (having no exprefie commiiKon to renunce Charles Stewart and his intereft, from the land ) did break their allaigance, why did nor the King execute the law againft them as traitours fas he did againft fome under that pretext, but really for thei^ faithfulnefletotheCovenant, as ismadeoutbytheApologift) why did he feejn to approve what they did, by Countenance- ing them fomuch, as he hath done fincehis returne? 3. Doth not himfelf fay that the Nobles and Body of the Land, were wrell enough affefted to the King, and cordially loved him Betwixt King and Subje&s. 1 3 3 him, when they were overpowered and could do nothing ? Sure then the land did not break, vvhatfoever fome men did. Ay but, fayes he , in law this would be reckoned their deed. Very hardly , fince they gavenocommiffion for fuchadeed. If he fay that they virtually gave fuchacom- miilion , in that they lent their commiilioners unto the com- monwealths Parliament. It may be anfwered, that not only that was a conflraintd and extorted act, but, that as matters then flood, no lawyer, no politician , nor divine would condemnefuchadeeuas finful or unlawful , orasprejudici.il to the Kings intereft, to fend commiilioners to a meeting command of the Conquerour , to labour for a mitigation of their bondage , and forpi opofeing fome things for the good of the land, when their ovvne King was banished From them, without all hope of a returne , and they, for his fake , without any treachery or perfidy in them, reduced to a ftate of bondage. 3. But fince the King at his returne iaide claime to no new right , but flood upon the old ground , and upon this account was crowned in £wgUmd where he had not been crowned before , and was not crowned in StotLmd . becaufe he had been crowned there formerly , all thefe quircksareto no purpofe: for the King returning upon the old claime,acknowledged the former con- ftitution, and re-afTumedhis auncient Kingdome upon the fame tearmes he did before , which is alfoTurdir confirmed bytheacl of indempnity , which hepafled; and other acts and deeds, which were needlefle now to mention. 4. We shall eafily grant , that wl.cn a fworne Fe* pie defeit difclaime their King by their Reprefentacives -y The King alfo may take the benetite conditional Covenant leave them. And fo might King chat Us luve c never owned us more : and if he had don.- to fome other part of the world , to have iy as fome would not have been grieved j io, I think both lawyers and divines would have thought bim Ip< his obligation to the though not whol!) Obligation to God ■ . fince he did ru c (b , but took the hrft occafion that vva$ feifible > and 1 5 134 Arguments from the Cov. Cap. VI. ihtion and relation , all the old bonds and engagements 3 - which he took in thefe relations , recurred with their for- mer force and vigour, and he became nolefle bound then ever , yea , before the Lord , rather more : becaufe the goodnefle of God in reftoreing him without blood , should have engaged his heart fo much the more unto God, & to his former vowes and Covenants. 5. What way he laboured our vindication into liberty, I know not •> and if it be his jVlajefties gracioufnelTe and wiidome , as well as his con- fcience of duty, that would not let him walk after the counfei of thefe men, ( as he fayethj many think that we are yet to fee thefe commendable difpofitions ; for the effeft mention- ed is not vifible : for after the counfell of whomfoever he hath walked , lure we are , he hath broken the Bonds and Engagements which hetook on him, both before, and on the day of his coronation : He hath reje&ed the Covenant , which he made with God upon his knees, with his hands lifted up unto the MoftHigh, and overturned that which was the Ch^ef of cur fundamental lawes, or tearmes of our constitution . as we fee this day : and this is knowne, that of thefe who are mod injured by him now, and perfecuted, there were feweft that failed to him in that day ; and there- fore his gracioufnelTe and wifdome and conscience of duty, should have caufed him remember thefe, who could not, out of confeienceof their obligation to him , by vertue of their Covenant, take that Tender , which, others, to fave themfelves from a little fuffering, fwallovved dovvne with- out much difficulty ; and net have made them the objetts of his ire and indignation, as he hath done, and is doing to tkis day 6. He tells u<, that He may aflert,that the People of Scotland do rather owe their liberty to him , then he his au- thority to them. But what this bold aiTertor fayeth, i$ not much to be valued ; who thefe People of Scotland are, who owe their liberty to him, I know not, unlelTe he mean? the abjured Prelates, and their bafenaughty, fcandalous Un- derlings, the fcumme of the earth, the shame of the Church, and the difgrace of the Miniftry , who now have freedome from Church- Difcipline; and civil cenfwres, andlicenfeto corrupt Betwixt King and Subjedts. 135 orrupt the word of God, to deftroy (bulls , to tyrannize over confciences, to opprefie the People , to inflave the fub- jtcts , and to lead back the People into Eg\jt : And the cyvpur Lards and others > who became of their licentious , luxurious , fenfual and brutish lives , which they lead like fb •nany Epicures , having devoured their owne Xftates , and irenovy lbdrouned in debt, that if the poor could have but liberty to feek their ovvne, andifjufticevvereruning like a ftreame, durit not be feen , muft now have acts made in their favours liberating them from the fentence of the law, and allowing them to preflTe upon their creditours , the molt barren , "frutelelTe , and ufeleffe of their lands, and that at twenty yeers purchafe , after they have by manifeft iniquity,, withheld aught yeers annualrent , which is near the equal half of the principal fumme \ and fuch other acts of that na- ture. Is this the liberty he talkes of, That a few shall have liberty to drink away and with debauchery , deftroy the fubftance of the land , and wafte it upon whores and cups \ If thefe owe that liberty , unto him , L am fure he will have little reafon , ere all be done , to owe his ftandi ng unto them , When the anger of God shall begirjneto kindle, and his wrath shall be revealed from heaven againft all un- godlineffe and unrighteoufneffe of men. But laltly, what if we should grant him, what he dar notinplainetearmes require: viz. That the King ruleth over us now )vrecon- he shakes the throne more then a vvarreof ; And as in many other things through this paui phlet , to in this, lie doth his Mafter no good lei vice , not- vviciiftanding of the gfeat fee he hath gotc for his paj I 4 The 13 J Arguments from the Cov. Cap. VI, Thefummeofwhatfolloweth, Pag. 91,9$. isthis [7tai none before fQng James 6. dtd at their in&alling , enter into Cove nam with the People 5 ( except what one fayeth of Gregory tht great y who ft ere to defend the liberty es of the Cbriflian Reltgton , &c. which then was Popery ) and neither dtd I(tng James htmfelf do tt y but only Morton an d Hume tn hit name promt fed fometbtngltke tt , nay tt ts doubted , // K/*£ Charles the firft dtd fweare that oath , or if he did , he wo* the fir ft, and jet he was aught yeers our Ktng before , at. d it ts to be beleeved on good ground . that if he had thought hits taking of that oath 3 should have fubjecled him to the co- atlive and pumttve power of the Subjecls , tn every cafe, wherein they or any party cf them ( bung meer private per font ) might thtn^ him deficient , he would rather have endured any death . but tt shall be avowed 3 that he did never shrinkjrom the obfervatton of that Godly oath , neither hath his Majejiy who now retgneth fwerved from the ob- fervatton of that oath hitherto , and we are hopeful) God's grace shaft pteferve htm hereafter , from any fuch thing.] Anfw. i. We cannot expect that Buchanan > ftudying much brevity , would fet downe all the formalityes that wereufedat the coronation of the Kings, he only fatisfying himfelf with a feries of the fucceeding Kings , and with a reT lationoffomeofthemoft remarkable paffages: And there- fore , it is no good argument to conclude that no fuch thing was j becaufe he doth not make mention thereof. 2. other hiftorians name fome other Kings befide that Gregory* who tooke an oath at their coronation, as Ccrbredthezi. Kiflg, \yho fwore fe major um eonfilits acquteturum. That he should be ruled by the counfel of a Parliament > whom he account- ed his Superiours. So mMacbethu* his dayes , it was ordained by the Eftates > that the King should fweare to matntatne tht community of the Realm*. 3. Whether they did actually fweare an oath at their coronation or not , it is not much to the matter -> for a virtual and implicit Covenant will ground all which we defire, and that there was this much, cannot be denyed , feing Kings , who could not reigne , was layd afide y others who corrupted government , were purfued , fentenced> punished, imprifoned, and killed in battel, or otherwife made to promife amendment j And feing we finde Betwixt King and Subjects. 137 finde bonds laid upon Kings , as that in the dayes of Finnan** the \ o King. [ 1 hat Kings thereafter should do nothing of any great concernment, without the authority of their public ^Counal , and should not rule the Kwgdome according to the Qounfel of his Domeftsckj \ That he should manage no public^ bu/intffe which belonged to the t(jng > without the advice and con duel of the Fathers, and should neither ma^a peace or war , enter into Leagues , or breaks Leagues by htm ft If ', with- out the concurrence and command of the Fatbtrs ($ Heads of tribes.] This was a fundamental Law or the Kingdome, and all who accepted of the crowne thereafter muft have accepted it up- on thefe tearmes > though they had not been in plaine tearm- esexprefled , So Durftus his Succeflbur did fweare the lame, and therefore in Mngald*** tne 13. King his dayes , this is call- ed the anctent cujlomc , for he ad corfilta Sentorum omnia ex prsfco morerevocavit, did all by aPailiament according to the an- cient and received cuftorne: And becaufe Conaru* the 24. King neglected > or refufed to follow this received cuftome, he was caft into prifone ; So that the not oblerving of thefe conditions made themobnoxius unto the coaftive power of the People. So was Romachu* cenfured by the Parliament for the fame crime. So we read of many others cenfured for their mifdemanurs as Co*/?*;?//;^ the 43. King, lerchardu* the ftrft the 5 2. King j terchardtu the 2. the 5*4 . King, Eugcntus the62.King> Donald™ the7o. King? all which inftances& many fuchlike, do a&undantly cleare that the Kings of old were under bonds and obligations} if not explicate, yettacke unto the People. 4. Whatever can be faid concerning the an - cient Kings; yet nowitispaft doubt that all our Kings are bound to fweare an oath at their coronation , and fo are under conditions and Covenant-tyes and obligations, and this is enough for our prefent purpofe. 5. Jt was thought fuffi- ficient in point of formality & legality that the Earle of M,r- tou»m which was afterward concluded in Parliament, I J to 138 Arguments from the Cov. Cap. VI. to be received by all Kings at their coronation . And the rea- fon why they did not put King lames to that oath thereafter , wasbecaufe, he was but once crowned, and the oath was to befworne at the coronation: and when l\tng lames was crowned, It was done by others for him, as is faid. 6. Though this man make a queftion, whether King Charier did fweaKhis oath or not at his coronation , yet it is notoure that he did, and though he beleeveth, that if the King had thought , that his taking of that oath, should have beenfo far miftaken by his Subjects , as that he should have been thought thereby , to have fubmitted himfelf to their coa&i- ve and punitive power, in every cafe, wherein they or any part of them might think him deficient , he would rather have endured any death , then fo to have caft himfelf away , at the pleafureof malcontented partyes, amongft the People, taking advantage againft him by that oath : ( all which, we may give him good leave , to beleeve , for we aflert no fuch thing ) yet he mujft fuflfer us to beleeve alfo , upon as good ground, That if King Charles had abiblutely or peremptoriely refufed to have taken that oath , or had faid , That he would rule as he lifted, and have no regaird to thecftablished lawes; and whould bring in what Religion hepleafed, though it were Machometanifme or Poperie ; or that he did not account himfelf obliged to the Subjects byair^oath he could take, The Nobles and others would have fcrupled to have given him the Crowne , and acknowledged him King . And their after pra&ices declared that they looked upon him , as a King obliged by tearmes and conditions unto them : which when he broke , they maintained their right againft him , with their fword, when no other meane could prevaile. 7. Though it be true, that King Charles the first was acknowlegedKing fometime before he was crowned, yet that was with refpeft to the fame conditions , unto which he was, by his taking the place, virtually obliged ; and therefore aftefvvard, when he came to be crowned , and formally inftalled > he did alfo formally and exprefly take on the obligation. And vvhether he did ever shrink from the obfervance of that godlv oath , let this perfidious man avow what he will; many will afTert ic Eetwixt King and Subjects. 139 it as certane, in fome poynts > and too too probable in other, 9. But though he should doubt whether any King, before King Charles the ftcoxd , did fvveare any oath or Covenant with, the People > yet he cannot doubt of what this King Charles the fecund did : It being being beyond all denyall and contradiction , That he fvvore both that Oath which was in- joyned in King lames tV.efxt his dayes \ and i lib the National Covenant ,. and the Solemne League and Covenant : and that according to thefe, the Subjects did fweare obedience untoHim: Here was then a mutual conditional Covenant? ex- plicitly , andin plains tearmes, with all the folerrjniues ima- ginable, entered into : and what needs more to clcare all which we have faid, and to ground all which we would in- ferre , to juftify the late fftion : For as tor his vaihe infe- rences, theyconcerrtenotus , and more shall befpoken of them afterward. 10. Though this Smvejer be ready toa- vow that this King hath never iwerved from the obiervation of that oath enjoyned 4nm 1967. yet all the World feeth, that he hath not, as he ought to have done,maintained the true Religion, nor right preaching, and adminiftration of Sacra- ments; Neither hath he, according to his power, abolished and withflood all falfe Religions contrary to the fame , as ap- pearcs b^the great indulgence , and toleration , if not coun- tenance , granted to Popery and Papifts. Neither hath he ruled us , according to the will of God , but rather perfe- cted us for adhereing to the Word of God: nor hath he ruled us > by the laudable Lawes and conftitutions of the realme, but hath with a packt Parliament > principled to his minde, overturned our lawes & libertyes , & hath framed 8c cftablishcd iniquity by a law. 1 1 . But what fayes he to the Nat. Cov. & League & Cov. I Dar he avow that he hath not broken thefe \ If he had not, we had not been troubled this day, with a Popish Prelatical and jVLalignant faftion , nor had we feen thefe abjured and forefworne Prelates , nor had we ittw the work of reformation of religion, in worship, Doctrine, Lifcipline and Government, lb overthrowne, overturned and trodeupon, as it is this day. 12. So then, king he cannot d€ny> but the King took and folemncly Ivvorc thefe Cove- nants 1 1 40 Arguments from the Cov. Cap. VI. nants , 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, feing thefe were the maine conditions , and the only conditions confiderable , and were become the fundamental law of our conftitution , 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 premifes , we shall draw out our arguments and conclufions thence, and , 1. If People propofe conditions and tearmes unto Princes, to be by them acquiefced in, and fubmitted unto, and upon which they are to accept their Cro wne and Scepter ; Then , if the Prince or King violate thefe conditions , which he once accepted , and contrare to his promife and engagement , deftroy what he promifedto build up ; The People may very lawfully defend themfelves, and thefe. good ends , which *hey endeavoured to havefecured, by propofeing thefe condi- tions unto the Prince, when he is feeking to deftroy all, even by force when there is no other remedy. But fuch is our cafe. The King was formally and exprefly engaged byCompa&s and Covenants to fecure the Reformed Religion in Doftrine, Worshipe , Difcipline , and Government -3 to fecure all thefe who owned the fame, and adhered to the Covenants ; and to ratify and approve all lavves made for thefe Covenants , and for the fecurity offuch as entered into thefe Covenants : and now notwithstanding of thefe conditions agreed unto by him , the Covenant and work and all is overturned , Peo- ple perfecuted meerly upon the account of their adhereing to thefe Covenants , all conditions are violated, all Covenants, Vowes, Compa&s, Engagements and what cculd be devifed for fecurity of the reformation and of the owners thereof, ^re broken. Who then can condemne even privat perfons if they ftand to their defence in this cafe f See Althnftw foltt. cap. 38. n. 30. 2. If People may lawfully and laudably defend the fun- damental lavves of the Kingdom , on which the conftitution of the Kingdomefhndeth,and on which the fecurity of what is dear to them as men > and as Chiiftians , rclvcth. Then the Betwixt King and Subje&s. 14 j the late aft cannot be condemned \ becaufe , indefendinS themfelves, they flood for that which was the maine and principal tearme of our conftitution. But the former is true: becaufe thePrincc violating thefe,deftroyeth the conftitution; and becaufe He cannot do this as a Prince, having already- engaged as a Prince to maintainethe conftitution, hemuft do it as a private perfon , or an enemy to the conftitution and whole body of the land. Therefore he may wel be refilled , even by private perfones, fee this fully made out by Aitbuf. \poL cap. 3 8. ». 3 7- both out of Lawyers and Divines. 3. If a People, even by refiftence , may defend their per- foral libertyes and rights, fecuredunto them by Compafts Urith the Prince, or by the fundamental lavves of the land , which the Prince as Prince is bound to maintaine. Then the late aft: cannot be condemned: becaufe by it they were but defending that , which the King had fecured unto them , by his compact , and which was fecured unto them by the fun- damental law of the land. But the former is true: becaufe *' privat perfon is allowed by law to maintaine his Lands and Rights, even though fome, in the Kings name, should come* under whatfoever pretext, to robe and difpoflefle him , and shut him to the door. Therefore, this late aft , though of private perfones , cannot be condemned. 4. It a Prince violating all, or the maine conditions, upon which he was made Prince, becometh flnflo jure no Prince, but falleth from his benefice , not having done the offices , in confederation of which , he gote that benefice conferred upon him [ wm emm ( fayeth Althuf. ubi fupra ) c.mmodum dtbet (entire ex contr/tflu qucmvel cmtttendo -uei com- mitt.ndo yM tmpugn.tt.'] Then lawfully enough fuch an one may be refilled , even by Private perfones •, as is cleare. But the former is made clear above : and fuch is our cafe 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 , it he had not promifed , vowed and covenanted to maintaine , he had never been crowned or admitted to the exercife of that Government! Who then can blaime a People (land- ing I4t Arguments from the Co v- Cap.vL ing to their ovvne defence, when oppresfed and tyrannized over by his emiflarks, who hath thus violated the prin* cipal and only conditions of the compact > and is force- ing them to the fame excefle of wickednefle and perjury ? [defcicnte hie cendittoxe fayeth Mtkuf. Pol. c. 3 8 . n. 40. ) deftnit tkltgatto y (3 fdem non fervanti > fidein ei quzqtte non fervari gtctHttm tH * Nam qutnonfactt quod debet , nee rectptt quod opor- tet , nee f&ere poteft , quod ei tdeo ab alio debet 'ur : quam nattitam tjfe convent ionttm tn qutbus utraque pars contrahens ob tgatur y te~ jfcwTiraq.deLegib. Connub. GlofT. r. part i^.n.42. £? late Mafcard. Concl. 1387. per Alleg. Ibid. Rolland. a Val. Confil. 69. Vol. 4.. &Con(il.fg. Vol.1, qttando ergo nnd pars promt/fa non pr&ftat, facte eo tpfo ut & altera Itberetter. DyniiS Alexander & Jafon , tn L. cumproponas C. depacltt.] 5. If when a Prince violateth the maine and principal conditions, on which he wasinftalled, a People be ftrich jure liberated from fubjeftion unto him* Then much more may they refift him , when he by his emiflaries opprefleth , and un/uftly violenteth them. But we have cleared the former to be true. Therefore 5 fo is the later. The confequence cannot be denyed: for if ftrtflo ]ure a people maydifownea prince^ then much more may they repell his unjuil violence. If law admit the more* it will admit the leflealfo. The application of this is cleare from the former. 6. If the Covenant or Compact, which is betwixt Prince and People give law- clame to the People to purfue the Prince, in cafe of failing in the maine and principal thing co- venanted : Then ? fure the People may refift unjuft violence; for they who purfue , for a broken Compact ? according to their clame , may farr more defend their clame when invaded by force, contrareto thecompaft. The application of this is l alfo cleare. 7. Since by this compaft, it is clear zsAlthupus tells us Vol. Cap, 19. n. it. that the People or Kingdome are the full Lords proprietors of all the power , and have free liberty to difpofe of it, the frute and emolument thereof redounding to themfelves, having full power no lefe then any private per- son to manage difpofe , and difpenfe in tbeir owne matters as Betwixt King and Subje&s. X^ as they pleafe. Then when they finde the perfon to whom the Government is committed by compacts , adminiftrating the fame to their hurt and deftruftion, they may fee to their owne good, and not fuffer diem felves cobe cteftroyed, but re- fill him who infteadof a mandatariusandfervant, turnetha Tyrant and Enemy. 8. Since, as the fame Jilthxfius faycth ibid. ». 13. by this compact it is apparent, that the 1*** the power or authority, which is given to theSupream Magiftrate is not his owne,&is lefle then the //» of thePeople & inrcriour to theirs; becaufe it dependeth upon thefree will & prefcription of the People, 5c endeth with the death of the prince, who is m and ttar in -y as o- ther comraclus Mandati ufeto do, and recurreth toitsowne proper Mafter and Lord. Then it cannot be unlawful for the People the commander here, to fee to their owne faiftie, and provide that their owne free gift deftroy them not, and fo to refill the Prince abufeingthat power to their deftru- ftion. 9 If it be certane fas it is to A\t\mf. Pol. c 19. n. 47.) that the Prince hath no more power given to him by the People , then what is contained in the conditions upon which he un- dertaketh the government , and what more he alTumes, he lifurpeth by tyranny from the People. Then when he ufurp- rth more power then was given to him , he may be refilled : and the People are allowed to preferve their owne : and ivhen he ruleth contra: e to the conditions , and deftroyeth :hefe , it is certane He arrogateth to himfelf a power which was never given to him, yea which was virtually prohibited md difcharged to him: and in that cafe may law fully be re- ifted, as is undenyable. The antecedent Mtbu/tusyxovQth in :he forecited place ny 48. faying [&qu*t4s hutus ret no/waits dc- Ttcnjlrar/ fotejt ex natura mandatt , aw.d duttur contractus born* Sdet , obbgans turn am alttncrnm ntgoticrum admtmfiratnnem nfcep/t, ne Itmtres ($ fnes mand.it/ excedat , ftd continent fe mra ttrrrmnos pr&fcrtprgs a mandante , ut latms detent J. C C OMibus tddmdtis Va'fij. llluftr. Qiuft. L, 1. c. 47. n. 1 3. Cap. Vll. 144 Arguments' C a p. V I L C a p. VII. Of the Nature of the Kings Power over his Subje&s . Our Argu- ments hence. M FRom what hath been faid in the two former chapters we may fairly gather thefe conclufions concerning the nature of the power of a Soveraigne over his Subje&s, which will yeeld us fo many arguments , confirming the poynt in hand. i . The Soveraigne's power over his Subje&s, is not pro- perly a fJkrcnt&l power , that is, not fuch a power as parents have over their children : for i. The Soveraigne's power over the Subjects arifeth from a voluntary compaft , and confentof the Subje&s, as was shewed j but the Father's power requireth no fuch previous confent or compaft. 2. The Soveraigne's power may be reftrifted to fo many de- grees by the Subje&s; fo cannot the Father's by the Chil- dren. 3. The Subjefts obedience and fubjeftion to the So- veraigne may be conditional-, as we have proved, and our adverfaiies will granteit, in limited Princes: but fo cannot the fubjeftion of Children be. 4. Whetherfoever Children goe, they keep al wayes the fame relation to the fame Parents : but Subje&s may change their Soveraignes , by changeing- the places of their habitation. 5. Children can in no cafe break that relation, which is betwixt their Fathers and them> but in many cafes , Royaltfts themfelves will grant , Subjects may shake offthe King. 6. Children cannot change theirFath- ers : but Subjefts mav change their Soveraignes j for Roytliflt wil grant that fuch as are under an Ariftocracy maymake choife of a Monarch. 7, Children hold their natural being of their Parents, but Soveraignes are defigned only for the political 01 civil welbeing of the Sub je&s. 8 Subjefts may choofe what Soveraignes they will, whether Monarchical or Ariftocrati cal, and what perfones in this, or that forme:Chitdren can noil choof Nature of Magiftracy. 145 choofe what Parents they shall have. 9. Subjects can condefcend upon the time how long fuch an one shall be their Soveraigne 5 ad *vitam or ad culpam: but Children can notfet bounas unto their Parents power, in. Soveraignes have not begotten all their Subjects? nor doth their relation or power flow from fuch an aft: but Paternal power doth, n If trie Soveraigne's power were paternal only? then he should not have power of lite and death , becauie parents as fuch have not that power over their Children- 12. The &wve%cr himfelf granteth this lag. 29. in thele words. [lyings are n^t fathers of cur flesh , or by generation , nor can they be trueiy called fo , fdttical and parental power are dtfftrent things-] So then the bo- veraigne's power is paternal only in a metaphorical fenfe: becaufe They should have a Fatherly care and inipeftion over their Kingdomes , and should nourish , cherish , love and governe them tenderly and carefully ; and as Parents in feme refpefts, love their children better then themfelves , lb should they preferre the good of the commonwealth unto their owne : and upon this account are ftiled Fathers ten, 10. 2. iudg.^.7. \S*m. 14. 11. Jfa.49.z5. asalfo: are. 2. The Soveraigne's power is not properly Marital , or fuch as Husbands have over traeir Wives, for. 1. Wives cannot limite iheir Husband'spower , as Subjects may limite their Soveraigne's. %. Wives cannot preicribe the time how long fuch an one shall be their Husband, asSubjeftsmay do with their Soveraignes. 5. Wives cannot change their Husbands, as Subjects may change an Anftocracy into a Mo- narchy. 4., Wives are appoynted ior an helpe totheHul- band , but the Soveraigne is rather for the Commonwealth 1 then the Commonwealth for him. 5-. If the Soverai.. power were fuch, then he could not have power ot lite anddeath*, fora Hu« band as fuch hath not that pot verove* Wife. 6. Though the Husband and the Wife be in dif- tinct Kingdomes, the relation ftandeth. and is nor broken upon that account , but if a fubjeft goe out of one Kingdomei fo live into another , he changeth his joveraigne , and hath i relation to a new Soveraigne. K |< ^ j^6 Arguments from the Cap. VII. 3. Soheisbut metaphorically, and not properly called the Bead or the Commonwealth : for 1. the head is not made Head by the free choife of the Members : but the Soveraigne is choien by the people, t . The Members have not fo much as a conienc in fetting up the Head ; but Subjects, atleaft? have this much, in fectiug up of Princes 3. the Members can never change the head , but Subje&s may change their Soveraignes „ 4. The Members can make no compact with the Head, as Subjects may do with their Princes. 5. The Members cannot limite the power of the Head, as Subjects can limite the power of their Princes. 6. The Members cannot defiroy the Head and Jive themielves , but Subjects can deftroy the Monarch and chooie another. 7. The Head communicateth life, kn:c&c motion to the reft of the members;fo doth not the Prince umo his Subjects. N The fame individual life is in Head and Members; but not irx K ing and Subjects. 9 . Head and Body die and live together, but there is no fuch connexion betwixt King and Subjects. So then he is but a metaphorical Head , fo called, becaufe of his fupereminency. He is over the civil body to rule and guide it aright. 4. The Soveraigne hath no Lordly > dowinative , ormafterly power over the Bodyesoi his Subjects. For 1. this govern- ment is founded upon the law and light of pure nature , but thismafterly dominion is a frute or fin. 2. Slavery being againft nature, & a bondage, which all would willingly shun, we cannot fuppofe that rational people would choofe that life, if they could help it : but they willingly > & not out of con- ftraint,Ghoofe government &governours $.The people in fet- ting up a Soveraigne propofe their owne good & have their owne ends, but if the Soveraigne's power were properly a. mafterly power , they should propofe rather his good theaJ their owne. in fetting him up. 4- If his power werea mafterlyj power , their condition after the government were eftablish- ed, should be worfe, then it was before : for their ftate of liberty was preferable to their ftate of bondage. 5 . They had noc acted rationally? if to be free of oppreilion of ©thers, they had willingly given up themfelves unto an op-j preflburJ Karurc of Magiftracy. 147 preflbur , endued with mafterly dominion and power. ' 6, jVlafters might fell their fervants for gaine Gen. 9 -is- *ndio. I4.ax4 7,6.l4. I l But it is not a bleifing to be free of government, but a curfe and judgment rather, ltidg. 19. 1,1. £^.3.1,6,7. #0/^3.4. 10. Subjects are the King's brethren, z^r 17.20. and lb not hisflaves. The Surveyor Pag 30. 3 1 . granteth that there is a great difference betwixt Magiftratical power and iMafterly, and giveth three maine differences. i. That the Matter of flaves had his ownc pr#fite mainly before his eyes, and theprofiteof the Slaves only fecondarily : But the Magiftrates power is pre- trial ilyordinated to the Publick good of the Community it felf, and only fccondarilyandconfequentially to the good of Himfelf. 2. That Matters had a greater power over the bodyes and goods of thefe, who were their Slaves , then a Magiftrate can clame over Subjects. 3. The Matter had the Haves in fubje&ion to him, more out of feareandcon- ftrainr, tlien love or delight : But a King hath his Sub) under him, jnacivil, free, liberal, voluntary, -and loving fubjeftion. Thus'we fee this poynt is cleare and undenv- •able by him , though other Royalilts will no: grant fo much : outline if they were hisflaves, they behoved to be talv war ofboughr with money. 5 . Neither hath he a defpo/tc^ & mafterly p }7« 7. Nor fo much as ufufrttctttarjes: For i . they may not lay their Kingdomes in pledge, as an ufufructuary may do. 1 . Nor can they give them freely away. Nor 3 .may they do with them what they pleafe, asufufructuaryes may do with what they have by that right: See inn. brut, vmd* conr.Tjr.q.$.p.(//Jiki)iocto, asai- pawnc committed to his trull, to fee that they be not wnv orviolated: fee Althuf. pAit cap. 24. ». 43, 44, 45. A&rim the Impcrour ufed to fay J/afe Rimp. geslttrum nr firct ^opuii efje fieri f nam. Hence we draw thefe arguments for refiftence of Sovc- raitmes bymccrpriv. incafesofiteceility. K 3 1. If 150 Arguments from the Cap. VII, 1. 1 fit be lawful for Children to refift their Father, when enraged againft them, and feeking in his fury, todeftroyand cut them off , whithout any violation of the Law of God enjoyning Children to obey, and be fubjeft to, their Pa- rents in the Lord : Then it is lawful forSubje&s though private perfons , to refill the fury of their enraged Sove- raigne , when he is feeking, in his cruelty and rage , contra-* ry to compact? oathes and vowes , todeftroyThem aad their Religion . But the former is true. Therefore &c. The Aflumption cannot be denyed by any rational perfon. It being moftjuft and rational, that when the Father is taken with a diftemper in his braine, and in his madnefle feeketh to deftroy or cut the throates of his Children, They may joyne together, binde his hands,pull the weapon out of his hand and defend themfelves the beft way they can. The connexion ofthepropofitioniscertane j for, the moft the adverfaries can make of the Soveraignes power is that it is fattmai , and that \it is fjrenspam* the Father of the Commonwealth: & yet feing natural Fathers may be refifted by their natural Children, in cafe of neceliky , w ithout the help or conduct of Magiftrates: Why may not alfo private Subjects , with- out the conduft of a Parliament , defend themfelves , in cafe ofnectlfity, againft the fury and rage of their civil father, when he by his bloody emiffaries , is Jeeking to undoe them > But next we may draw the argument from the lefle to the more. If it be lawful for Children , in cafes of neceffity , to defend themfelves againft , and to refift the un,uft vio- lence of their enraged Father : Then much more is it law- ful, for private fubjeve chat dtftemper in the head, chat is like to. whole body. 4. If the So\ not a Lordly domination , & imlterly power over . but they be is Brethren & iisblaves^ and , ryLaw will allow Servants to K 4 fettfl l$z Arguments from the Cap. VI defend themfelves againft their Lords and Matters , L. m*~ mmt i^'.de Rel. £$ jur/jpt.funcr. and no man with us will ac- count it unlawful for fei vants to defend themfelves againft the unjuft and violent aflaults of their Lords and Mailers. Then farr lefle can it be accounted unlawful'for private Sub- jects to defend themfelves , when conftrained with neceility, againft the unjuft aflaults of the Soveraigne or his emiflaries. But the Antecedent is cleared, and conlefled. Ergo. 5. If the Soveraigne havenodefpotickor.Mafterly pow» erover the goods and heritages of his Subjects, as we have proved. Then very lawfully may they defend their lands goods and heritages, from the violent and unjuft oppreilions, of the Prince or his emifliries, fent out to plunder, rob, de- ftroy their corns, cattel, goods, land, fummes of money, &c. 6. If the Kingdome be not his proper heritage , nor he proprietor thereof , as was shewed; Then when He or his Emiflaries come to deftroy a confiderable part of the King- dome, and to alienate theprorites and emoluments thereof unto others j then the proper owners and proprietors, un- juftly. Then may that part of the Kingdome lawfully refill thefe unjuft oppreiTours and invaders , & defend their owne. 7. If He be not fo much as an ufufru&uary of the King- dome: then when He laboureth by his Emiflaries to waile and deftroy the Kingdome or any part thereof, by unjuft vio- lence, private Subjects may refift that unjuft violence, and pppofe his oppreffing Emiflaryes. If a Mailer may hinder his ufufru6tuary tennaqts who would deteriorate the land > which they po0e(Te by compact j Then much more may fub- jefts refill the Princes EmilTaries when labouring utterly to, fpojle, and lay wafte thefe lands, whereof he is not fo much ( asanufufruftuary; 8. If the King's power be on\y fiduciary as is shewed. Then 1 when that power ismanifeftly abufed, and the pawne which he hath gotp to keep, in imminent and manifeft danger, law- fully enough may he be refilled; When the Lives, the Li- berties ofthePe#ple, or their Religion is committed unt< him, as toapublickTutor, Watchman, or Servant -, &H what through negligence, what through wilful wickedneflfe laboureth to deftroy? and undoe, and overture all , very lawfully Narure of Magiftracy. 153 lawfully may Subjects, in thatcuie orextreame neceility, feek co fecure the Neceflary and dcfueable things , and refift his fury and unjuft violence, who concrare to his oachand promife, feekech to have all overturned and ruined. ^UkuCiut f<,Lca?>i%.».i9. fpeaketh well to this, faying lOdavarauo [umttur a natura contractus mandatt , quo fumma A*agtjiratu$ ad- w/ntfir at to etl dtlata a populo , ad hoc ut Jietjt. ptcjJt rton ut noctaty Rom. 13. Vafq.lib. NC.44. n.6. &;c u8c z. JllufL Contr. qttandj tgitur m.indatanusft;,es mandatt exctdtt nan tit ubitgatus est mandator , $. 15. qui Juft. de Mand. Luc. 16: 1, 2, }> &c. £$ Juanio conditio, flatus C5 for tuna mandator 11 mtuiturtn detenus L, i quis cum de procur. L. cum quis defolut. Ant m+tndatum a mastd.intc rev:catur>vel ipfi mandans agtre C> tractor e negottum tncs- ptuttradunt].CC. VidcVlAsL Lib* I.C. 4 3. n.5. & C.4, n.i 2„ llluft Contro v.] What he addeth is worth the beading. Cap. VIII. The Peoples faifty is the fupreme Law . The Kiag is not abiblute. Hence lbmeMoe Arguments. THat faluspopulsefi fuprema Lex is aflerted by the law of the 11 Tables. The worthyamhor of Lex /c<-*hath fully confirmed this truth , and vindicated it from the exceptions , and falfe gloflcs , of the Royalifts , Q**{t. 2 < . And there! ore weneedlaylefle to it, efpecially feing this Smntyeri hath nbthirgagainftit, that I havcobferved. That it is a truth,That the peoples faifty is the cardinal law, hence appareth , 1 . That the attaineing of thisend , was the maine ground and motive of the peoples condefcending upon rheconftitution. 2. Tr.ey levelled at this end, in make ng choyieof fuch a forme, and not of another; for hjd they thought another fitter for their temper, and more conduceing :or their good, rheyhadnot pitchedon this , but on that. J. with an eye to the faife and lure attaineing of this end pro- ofed and defigned 3 they made choifc of fuchpeiibnes j tnd >f none elfe. 4. upon this account , did they condelcend u :hat manner of conveyance of the fupream authoi icy , w Inch fay thought beft, 5. For no other end, was it , that •he Pi mce was limited and bound unto conditions 6. The en4 being alwayes preferable to the meaner a> iuch > t < 1 54 Arg. from the Peoples. Cap. VIII. The Peoples faifty> tvhich is the end, muft be preferred to all fuch things as are made ufe of as meanes conduceing to this end. 7. By the very Law and inftitution of God, the Ma^ giftrate is ordained for the Peoples good , Rem. 1 3 . -ver. 4. and to this end, (next to the glory of God, unto which we alwayes give the preference ) is he to direct all his pub - lick actions as a Magiftrate , and by this , is he to ftirre his courfe, 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 refcind- ed and annulled , fo as they moft conduce to this great end which is ever amm* &t the knights, and the Plebeians conjunctly > yet it will not follow that it is fo taken in this axiome ; for if we should follow his owne rule, viz. That collective words should be collectively taken, unlefle the oppofite which is annexed, require othervvife": And vvith all? make life of this owne words prsl. 10. §. is>. a Rjman.*gc*te £J*t I . e [ 1 have told that this axiome ss come 19 ottr h.mds /> om (he Ro- mans , arid nov I adde , that is* the 3 boole^ cf Cicero de teg: bus that (enttnee is frji found , for any tktng I ^nov • yet , as he rejttfttb Vjmfelf , taken out of the ancient laves of that nation , and 1 ow >f -he very letter cf the lav. Aov this Cicero after he hathdt- fcrib.d and explained , m the preceding boo l^ , f$ pertatntng $• Rdigtm and t i 4g of tie dods , at length , in the third Ifookj ke comes to rehear ft theft laves vhtih cone ear m the RtfrnW* 1+4*1 the Magijhates, » lure theft vords are to be found. R fio duo fuato , iu]ue praxundo , judicando, coulu'tndo, 156 Arg. from the Peoples Cap. VIII. prsetores judices confules appellantor , militise fummum jus habento, nemini parents ollis (i. e. illis)faluspopulifupre- ma lex efto he fayes , to thefe the ch/ef law should be the peoples fatfty : Now who are thefe ? thofe , vtz, Who were endued *»tth A**g*h fover , and had the chief d/fpofall of the milma, &c ] It will then be as cleare as can be , that the oppofitc which is added or annexed , doth fufficiently show that the word People in this axiome , is to be taken for the People, ascon- tradiftinguished from the Magiftrates , and nof for People and Magiftrate conjun&ly ; far lefTefor the Frtncezs diftinft from the People. And doth not this fame fentence of Ctceros fully confirme ourGIofle, and fay that Princes and Magi- ftrates , as fuch 5 ought mainly to defigne the good of the People , over whom they are fet , & to have that for their end in all their publick a&ings, whether in making, or in executing la wes-? How then can he fay that this axiome is rather to be underftood of the Prince alone, then of the People alone i But for this he tells us , That the ancient Fathers did efteem of them as next unto God and inferiour to him only , and that the People of ifrael , t Sam. 18:3. Did preferre the faifty of the King unto the faifty of all the reft , and in the Lament. 4: 20. He is called /^ breath of our noslnls. To all which it is eafily anfwered , 1. That all this will not prove i That Princes are bound by reafon of their office , only to feek their ownegood, greatnefle and power; or to preferre that unto the good of the People; and not rather defigne , as their proper and principal end , the promoving of the good and faifty of the People committed to their charge. 2. The Fathers might have fpoken fo of the Em- perours , as they were then defaclo and in regaird of their fu* pereminency, but notwithftanding of that, they and their fupereminency both , was fubordinate unto the good of the People, and was ex naturaret , but a meane for that maine and great good. 3 . 1 1 is true in fome cafes, and at fuch a nick of time, as that was xSam. 18 The lofie of a good King, when he is the maine perfon hunted for by the adverfaries , would prove more deftruftive to the Commonwealth, then the lofle often thoufand, and this rather coniirmeththe axiome then weak- Saifiy being theSupreamLaw. 157 ^eakencch it, for it was upon the account of the publick good >f the Commonwealth , that the life of King Ddvid was pre- 'erable to the lives of many . 4. It is not faid, that His life was setter then, and preferable to, the lives of the whole body of he Commonwealth. 5. That metaphorical exprdfion La- ntnt.^. shevveth only how ufeful & fteadable the King would :>e unto them^even a neceflary mean to keep them in a politick ife as to a Common wealthy and lb it fayeth that,his whole de- :igne as a Magiftrate should be to procure their good. 6 . M% • f^ a good Prince did preferre the Peoples life unto his owne: and Oti-vieLdid the fame 1 Chron 11:17. and thefe do abundantly continue our fenfe. He replytth further; That it was no wonder that among the Romms from whom we have this axi- ome, the Peoples iaifty was the principal law, feing in that de- mocratical government? the People were the Supreame pow- ers. A'f. 1 his is bu: a meer shift; for even in a democrat.go- vernm. the Peoples iaifty is diftinguished from the Supreame power which is to level all to this maine end , the faifty of the People. 2. c /retold us that theConfuls and Praetors were bound to propofe this end unto themfelves; &lb we finde that the People, vvhofe faifty is the Supream law,are diftinguished from thefe who,whether in aPopular or Ariftocratical govern, exercedthefupreame power. 5. This iameisinfertinthe law of the XII tables,& fo it was in force whatever forme of government was exerced. But iayes he Pr*l. 9. §• 1 ?. Hence it will not follow. That People may, when they per- ceive, or cry out that they perceive their libertyes hurt in fome things ; take armes without the Princes leave, and violate all lawes and dutyes , and lb raife tumults and fedi- tions. sinf. Neither do we fay fo,nor relblve to draw any fuch conclufions therefrom; but this is cleare, that when the co- venanted work of reformation is overturned , laudable lawes cftablishing the fame , contrary to oath , and iblemne Enga- gement, refcinded, libertyes palpably violated, People in hu- manely perfecutcd for adhereing to their Covenants, Sec. and unjuftly oppreflcd by theKings cmifTaries,peopl may then take armes in their own defence, though the King should refufe toconfent, or should countenance thcop pulfours, & carry on 158 Arg. from the Peoples C ap. VI1L on that inflaving courfe. Againe , he fayes let any read and read over againe that fentence of c'tcero and fearch every pairtof it, where will he linde any vvarrand for Subjects to rife up againft princes, to injure them or dethrone them. ^nf. We do not intend to fearch the fentencc for that end, it will fufficeus, if hence we finde ground to conclude the lav vful- nefle of Peoples defending themfelves againft tyrannizeing Princes , in cafes of neceHity : and let him , or any for him , read, and better read that whole period, and narrowly con- fider and examine every fentence and wordin it, and fee if he can finde this condemned. Ere I come> to fpeak to the other particular , I shall from this draw fome few things ufeful for our purpofe , and, i. It is irrational, and meer flattery to cry upandexalc the Soveraignes prerogative, in prejudice, and to thede- ftru&ion of that, for which both He and His Prerogatives are, and were appoynted , as fubfervient meanest the fatfty if the People. That being de jure his maine end , and it being tor this caufe and end , that he is endued with fuch power, and hath fuch privileges and prerogatives conferred upon him , and allowed unto him , He and his Prerogatives both > should vaile unto this Supreame Law the fatfty of the People : io that when they come in competition , The Peoples faifty wf right , is to have the preheminence. 2. Since all other lavves municipal, made and eftablished in a free Realme , muft be fubordinate unto this Principal , and Cardinal law , and have a tendency topromeve, corro*JK borate and eftablish it : Then, when any of thefe Lavves , J in their letter . ftrick directly at the root of the faifty of the I ^ People , and-.tho ward and erode that maine and higheft law , pi That law is £ 9 force or value , but null and of no effect , for here it holdeth due , that [ummHmjt*fisfffrnmAtn]nfta. 3. Since Lavves themfelves , 'when in their letter they :roiTe this maine law , muft be accounted as no lawes really > and de jure ; and may fairly be neglected and pafled over > when the Peoples faifty is in no imall hazard by theftnek adhereing to the letter thereof I Then , much more may punctilioes , and law formalities be laid aiide , when the Commonwealth is in danger. When there is a tire in a City , all the formalities of order are not ftrickly to be ob- feived. 4.. Since The privileges, andlawful prerogatives of the Soveraignemuftvaile, in cafes of neceiuty , unto this High and Supreame Law, the faifty cf the People. Then no lefic jiuft the privileges of a Parliament yeeld unto this: for what- ever privilege they enjoy, it is in order to this end, and the meanes muft alwayes have a fubferviency unto the end , 2nd when they tend to the destruction of the end , they arc :hen as no meanes unto that end, nor to be made ufe offer :hat end. ? . Though King and Parliament both should confpire x>gether againft the good of the Land , yet de jure they have 10 power or authority to deitroy that Lnd > and whatever theyenaft or doe, tending to the ruine of this maine and principal good , which they should have before their eyes, is their end, is tpfoftcto null. 6. When ads and actings of KingaiKl Parliament tend di- e:;Iy, and are made and done of purpofe, to deftroy and Overthrow the work of reformation in dottrine > vvorshipe , lifcipline and government; which was owned, and efta- Ulshed by lawes , with all formalities of law , and was vowed by folemnevowcs , Covenants, atteftations > pro- citations, declarations, and engagements of all ranks of ^cople, from the higheft to the lowcft: and courfes are aid doune, to force and conftraine People to renuncc their Covenant with God , to turne perjured apoftates; and when ts and actings, the fundamental cearmes Reconditions of )ui reformed couiiuutiou, confiuneub) ut^epelable lawes, by 160 Arg. from the People Cap. VIII. by the King's accepting of his Crowne and Scepter , and all other Magiftrates accepting their places > upon thefe tearmes, are overturned; and when by an arbitrary and illegal tyranny, no man hath lecurity for his life, his lands, his li- berty es , nor his religion, is not thefaifty of the People in clanger? No man needs to fay who shall be judge , The ^Magiftrates or the people? For all who have eyes to fee may judge , whether the Sun be shineing or not , and all who have common fenfe may judge in this cafe. When thefe things are done and avowed , they cannot be denyed , and no man of reafon or religion will deny the inference. Hence then it is cleare, that no man in reafon can con- demne the late a& of defence, which was the onlymeane left for preferving of that which all government and Govern- curs should level at , viz. 1 he fatfty of the reople , both tnfuU and body , their Religion > Lives, Liberties 9 Privileges* PolTeffions, Goods 5 and what was deare to them as men , and as Chriftians, howbeit it wanted the formality of the authority of Soveraine , Parliament or Councel. No man who will not deny this axiome, can condemne them as Trai- tors ? feingthey were noble Patriots and loyall to thatSu- preame law , The fatfty of the Peofle. As to the other particular , concerning the abfolute power ofrheSoveragne, We fay* i. That the Soveraigne is under obligations to his People, and bound & limited by conditions? we have shew-; ed above : which conditions he is bound to obferve 3 iee; Boen. Dtfp. PZS if for fcoth -Alexander could do no wrong. Ic was an abhominable faying of thefe judges to Cambyfes> That though they could finde no law permit- ting a brother to marry his filler , yet they knew of another law , whereby it was lawful to the Kings of Per/ia to do whatfoevertheypleafed* All Dtutms wili grant this : and fo do Lawyers and Pdtt it tarts : See Bcdtne de Re pub, bit. i . cap. 8. Hoeno/i. Dtfp. ?o[it. $♦ 7 kef 7* Paul. Foetiu* lunfpr. Sacra. Ger- hard, de Magi ft. Polit. $, 1 I5>* Althuf. Pdtt. cap. 19* »♦ 5>> 10, I 1. TtmpLPdtt, Lib. j.cap. !♦ Our Surveyer grants rhis,p and it u cf efftca - ctous influence upon them\ to move them to tPaO^ tnthetr dutyes order- ly : Rex tenetur fervare Leges, fi nonut Leges tamen utra- tiones. But he might know that our King is bound toob- ferve the Lawes, even as Lawes , and muft pay his debt , and fubmit to the decifion of Judges as well as others. 5. Our Survejer confeiTeth, Tag. 75, That the King i* bound before God to rule his People according to the Law of God, ofreafon and nature; yeaandto take his directions in government, from the rational Lawes of the Kingdome ( which are deductions from , or determinations of. the Law of God, reafon and nature, to particular circum- ftances ) agreed to by the confent and goodlikcin^ ot his People . Hence it folio weth , 1 . That he cannot difpenfe , L by 1 6% Arg. from the limited C ap. VIII. j by his prerogative Royal , with a juft Law> according to his fole pleaiure 3 and fo pardon fuch as deferve death ? 2* He cannot kill and flay whom he will , but according to law. 5* Nor can he alone make lawes. 4. Nor can his will ftand for a law. f* Nor is he the folc interpreter of the law. 6. Nor in interpreting of the law, hath he a dominion over it to expone it ashewil: for ifthefebenot granted , it cannot be granted that he is bound to rule us by the Law of God, ofreafon, and of nature, or by the Lawes of the Kingdome , but according to his meer will and pleafure. 6. It muftbea moft unreafonable thing to fay, That the Soveraignes power is abfolute > which Royalifts contend fo much for, and fay that he is above all law of man ; forthen he might do what he pleafed without controle. But i« did- ever the People fet a Soveraigne over themfelves , upon thefel tearmes ? Did ever People fet him over themfelves to rage atl, randon , to kill , murther , maflacre , and do what feemedlfi good in his eyes * 2* Their condition should neceflarily, be worfe after the conftitution then it was before- 3* The faifty of the People should not be thefupreameLaw. 4* He might then break all bonds and oathes, and keep no » conditions which he had made . 5* If fo> a Frince as a jt Prince 5 should be a great plague and judgment to a People, ^ 6* All his Subjects should be formal Slaves unto him ; fcj their lives & all they have should be at his devotion. 7. Helfr should not then be the Servant of God for the good of thoL People, contraretoie#w.i3:4* 8. If this power agree to him £. as King) then it is from God > and fo God should give him 3 ",. power to fin and tyrannize, which is moftfalfe. 9* Ther r: there could be no Tyrants* io* Yea a KingasaKing3shouk u be a Tyrant m actufignato, and a Tyrant should be nothinj v but a King tnactuexerctto. 1 1. Yeaiffo, they might not k , much as be rebuked by the mcfTengers of the Lord, for thei enormities, contrare to the many inftances in the OldTe ftament of Prophets rebuking Pinces izif his power wer| abfolute , lawes would become no lawes , neither waj there need of lawes , nor should the making of lawes be mean Powerof Princes. 163 ncane to promove the good of the Realme : all which are 110ft abfurd* And as for for our King That he hath no fuch prerogative Royal, as puts him above all limitations is already fufficiently evidenced by Lex Rexzn&by the apology though this Surveyer is plealed to fay Pag. I l« That lots prerogative Royal ts diffused dovne mosl weakj} and foolishly tn the apology : Yet he will not fee lo much weakne(Te and folly there , as he imagineth , when ever he cometh to handle that difput. But I grant it is eafier to him to fay > that all is weak and foolish , which pleafeth not him> then to undertake the confutation there- of. It is enough to him , that he shew his teeth once , and then runaway* But if he will afterward undertake that de- bate 3 let him confider the particulars there mentioned, and alfo thefe 14 particulars Mentioned by Lex Rex. £?**/?. 23, fag.iot.iot. Unto which I shalladde (that he may make one work of all) thefe particulars , which will furderferve to confirme what is there faid , and prove our poynt* I* As it is not proper and peculiai to the King? of Scotland comakelavves, and to explaine and interpret lav ves: fonor is it peculiar unto them , to appoynt punishments untotrani' jreftburs , & to liberate and free from the ftroke of the law * As the late Parliament declared by their deed, in murthering Tome , and in liberating others guilty of Treafon, more then iich as were executed: and this by politician* is made a part )f the Soveraignity See Rovdm. dt repuL. ( mihi Edit, c *ag. 23 C. Volgm. tn Symp. dejure pttnetpum^pag. 58, Hcen.D$- "put Poltt.pag. 1 14* Ttmpl. Poltt. Ltb. j.c.l. q. 1. 2- The laft appeal cometh not alwayes to our King: and ret this is reckoned among the royal prerogatives by So dm •btfttpra, Pag. 311. and Hcen. Pag. 117, 1 $/jufl. Pel. Ltb. 5. :ap. 1. efutft.. 1. 3. It is not proper and peculiar to the King to appoynt n upofts, cuftomes , and taxes: but Parliaments do this, fc7.^77. Parl.i*;. Iam.C.ci. Pari. 11. Idm. 6.A&.\.?m hay. i# and aCt. 14. if. of the fame pari. acl. 13. psrl. .. % cei. chart. 1. and this is reckoned by the foremootio L 2 pohci- 1 64 Arg. from the limited Cap. VIII. politicians among the prerogatives, volgm. pag. 57. Hoen* pag. 119' Bodm.pag.z^^. Jtmpl.uht^upra. 4.. Nor doth it belong to him alone to appoynt the value of money, as is cleare byoura&s. ad. 67. pari 8, iam.i< al.9y- (3 ^7. p^rl. 13. lam. i. ad. zt,. pari. 1. lam.\. aft- 33. parl.%.lam. 1. ad. 55*. ^ir/, 13. lam. z. art. 1. pari, 1. lam. 4. ad. 17. p**rf. 1. //*»?. 4. 4c1?. 40. pari. 4. /<*«/. 4. ^tf. 17. ^7, 1. S40. 6. acl. 10. of the fame pari. acl. 142. ^W. 15. um.6.c.9> parl.i6./am.6. Sc yet the forecited authors reckon this alio , among jura Majejlatts. 5. He mult not rule us byhismeerwill,butbythelawes of the land, acl. 79. pari. 6. lam. 4. acl. 130. 131. pari. 8. 3r<***. 6. and not by any fpecial grant orprivat privileges ^.48 part. 5 . /^^2. 1. 6. He is not the proper judge of all caufesin the firftin- ftance^c?. 45. parl.z. lam. 1. ad. 61. parl.%. Jam. 3. 7 . Some caufes are fully exempted from his judgment and determination acl. iof. pari. 24. Jam.$. 8. The Lords of the Seffion may finally decide caufes, ac- cording to the acl. 6^. pari. 7,. iam.i. without any liberty granted to the party to appeal to the King ad. 63, pari. 14 lam. z. and this privilege of the Selfion is ratified act. 93 pari. 7. lam 5. act. 1. pari. z. Mar. act. 170. pari. 13. lam. t dct.1%3. of the fame pari. act. 111. pari. 14. Jam. 6. act. 13 pari. 1. Carol. 1. act. 13. pari. Anno 1661. Charl.i. Yeath judges are allowed to difcerne according to equity notwitr Handing of any write of the King's to the contrary , act. 9 pa?l 6. lam. 6. act. 47. pari. n. lam. 6. act. 79. of the hmtparl. 9. He is limited in granting remiflbns act. 45. pari. : Jam. 1. act. 51. pari. 3. lam. wacty^. pari. 14. Jam.z. act. 4 pari. 6. fam.3.act.94.parl4i$.laM.-$*ad.6i. &6$.parl.6. lam.- act. 174. pari. 13 . lam. 6. 10. He is limited in alienating of lands , pofleifions Rfifldttisy 1 efolidly a; icmtGentiltt, Cunerns and sirmfaut, and [ our ■ 1 66 Arg. from the limited Cap. VIII. Snrvejer bringeth in Pag.%9* But who feeth not , that it coui- eth not at all home to our purpofe,feing ourKing is not a King of abfolute power, though he hath his Kingdom byfuccef- fion, but is limited by conditions, andftipulations. And further every one may feetheweaknefle of Gerhard's reafons , and how inconfiftent he is with himfelf : For. i. Sayeth he, fuch is only under Gods jurifdi&on* But alas i. May not I refift a perfon, who is not under my jurifdi&ion ? 2. Royalifts will fay the fame of all Princes, evcn£ardaus and ^rmfas. Againehe fayes The People have tranflated their whole power unto fuch a Prince & cannot recall it. But 1. They have never tranflated over unto him a power to inflave thcmfelves, for that was net in their power to do. Nor is Could they ever give away the powerof felf defence, which is their birth right. 3. Sayes he, Subjects , in this cafe, want God's command and a Superiour power. But 1. They have God's command in nature, noleflethen thefe who are under limited Princes. 1. They have a fuperior virtual power in cafes of necellity, 4. Sayes he, He is a Father of the Republic!: and not a Tutor only , and therefore as Children have no power over their Parents , no more have Subjefts over their Princes. But, 1. Are not even limited Princes , as well Fathers to the Commonwealth ? So that t>y this argument, it shall be as unlawfull to refift thefe, which he willnotfay. 2. Yea fuch abfolute Princes Look rather to be Tygers , and ftated enemies unto the Common- wealth, then Fathers. $. They have no proper Parental power, as we shewed, but Metaphorical. 4. tven na- tural parents may be refifted £rgo much more they. 5 , We are not fpeaking of giving judgment againft Tyrants but of refilling of them : and if he grant this, vve have our defire. And his queftion was touching refiftence §.485. Queft. 4. 2. A Limited and pactional Prince may be legally refift. ed , Ergo alfo with force when a legal refiftence cannot be had* The antecedent is true and no «s cittish man will deny it \ as to our King : For if he or any for him should pretend a right to their inheritance and intend anaftion of law againft 1 them, chey may defend themfelves by law i or if he should b tata Power ot Princes. 1 67 take pofleifion without a fentence of law > They mighr pur- fuehim and his tennarxs, or who ever came in his name, to take violent poflelfion, and procure letters of ejection, and the like : Yea by force they might withftand any that should come to take violent and illegal poflelfion . The confequence is hence clear , That whatever ground a man hath to defend his rights and poflelfion by law , the fame ground he hath to defend his right by force , when he cannot ufe the legal meane ; for if the King had real right , and not he, unto what he poflefleth , it were as unlawful to withhold the King from poflelfion of his owne , by quircksoflaw, as by force. Againe, This legal refiflence is no refilling of the Ordinance of God, but of the man, who feeketh to enjure. No more is this violent refiftance a refill- ing of the ordinance of God , but only of the man , who abufeth his power. Hence > 3. If the King have not abfolute power to do and com- mand what he will : Then , when he crofleth the rules pre- ferred by God's law and Man's law, without any injury offered to the ordinance of God , he may be refilled by his Subje&s, over whom he thinketh to exerce an abfolute , ar- bitrary and tyrannical power. Thereafonisbecaufe. That power , which is not the ordinance of God, may be refilled, without the leaft injury done unco the true ordinance of God. But this abfolute power is no ordinance of God, it is not appoyntedof him, nor allowed of him. Therefore, &c. But fay Royalilts , Though that abfolute and Tyrannical power be not fimply from God ; yet it is fo from God, that no man can lawfully refill it Anfi». i If it be lb from GoJ, as that it may not be refilled , then it is from God > and is the ordinance of God : for it is the ordinance of God that cannot , mud not , be refilled. But (ayes the Surveyor PA£. 37. [1/ may be eafily feen that (ubjeflim to the power (or cnee) is all alongs enpyned ( c/$> Rom, 13.) whether the ftmtt be rightly uftdor otherwife: \f it be rightly ujed , fub.ecttov »•;.-/; c ' active oked tenet ts required : tf it be nu rtg'jtly ufedj Mjecttm t refiftence , uident or forcible revelling itfon th:s formal n>tfn and gr.und y item vhentbt L 4. 1 68 Arg. from the limited Cap. VIH. is abufed , it remames a power ordained of Gcd j {a? though the abufe of tt be not ordained ) even as a man's eye rematnes his eye , although fometimes tt is not rightly ufd. 7 he formal i eajon ofthefubjecnon , and non rejijience preffed , ts not the rtghtufe of the power •> but becaufe tt is a power ordained of God [however perverted tn the ufe by man} ^nfw.] i# By this mans doctrine , The King might not be refilled if he should turne another Nero or Caligula , or should ; deal with us all, as the 7«r^doth with his fub/e&s, or the King of spaine , with his flaves in America, if he should rill ditches with his living fubjefts , and to fatisfy his lull and pleafure should tumble them be thoufands downe a precipice ; intothemidftof the fea: yea though he should bring in an army of Turks or Tartars to deftroy ail his fubjects young and I old \ Though he should fell and give away the whole land: unto the Turgor any forraigne Tyrant, and become the moft habited notour and compleat Tyrant: and should againft al appearance of law 3 manifeftly feek the deflru&ion of the whole land, man, wife and childe, and of the very being: of religion, according to law, and of all known libertyes , and should force and compel, with armed heathens , all his fubjecls great and fmall , -to-oiFer facririce to the Heathen Gods; and the like : For in all this and the like, there is but an abufe of the power, and the power is Hill of God how- ever it be abufed, and becaufe it is a power ordained of God, this abufe mud be fubmitted unto , without the leaft refifrence, is not this fufficient to make all men abhorethis man's principles? i. He muft fay that it isnotpoilibletc refill t he abyfe of the power, but the power it felf mull be refilled, andfo, fuch as do refill the moft dreadful tyranny imaginable, do refill the ordinance of God, which is mof falfe and abfurd. 3 . If the abufe of the power be not frorr God, then fuch as refill this abufe, do not refill that which is ordained of God , but that which is not ordained of God. And therefore refilling of the abufe of the power , is no re. filling of the ordinance of God. 4. Subjection is only re- quired to that which is the ordinance of God , becaufe fub- jeftion is required when and where , and fo far as refillenceii prohibited: Now refillence to the ordinance of God, i onli Power of Princes. 169 only prohibited , and not refiftence to the carnal and bloody lulls of men , which is rather the ordinance of the devil then :he ordinance of God . y . The wrong ufe or abufe of the eye oe refilled, hindered, and obftrufted , without any in- jury done to the eye it felf. So may the wrong ufe or abuie of Magiftratical power be refilled , without any wrong done ianto the power which is of God. 5. It is falfe to lay that ull refiftence of the abufed power, is forbidden upon this for. jmal reafon and ground , becaufe even when the power is ibufed it remaines a power ordained of God : Becaufe the labufed power is not at all ordained of God , nor never was , •it is no part of that power which God ordained : a power iromurther the innocent, to kill the widow and fatherlelTe, |md to opprefle the people of God, is not of God: God never jippoynted that power of David's to murther yrtah and to ::ommit adultery with Bathshebab. Thefe were no aftsof :he Magiftratical power ordained of God , but actscf luft mdwickednefle. 7. If this reafon hold good, we mull |]ever refill by refufeing aftive obedience , let him command what he will : for his finful and unjuft commands are but the ibufj of that power which is ordained of God , and the power even when abufed by giving out edicts , and mahdats , [according to this man) remaineth a power ordained of God, ts a man's eye remaines his eve , though fometimes it is not lightly ufed. Now how will he loofe his owne argument { i.vhat ever anfwere he give here 3 it will help us out . Sure , if amanmayrefufe obedience to an unjuft command, of an .: power , without doing injury unto the power which :inedofGod, itwillbenoleffecleare, that a man may refute fubjettion to and refill abufed power, without doing liurt unto the power which is ordained of God. And I De- Lire that the Reader would ferioufly notice this , and fee how ill heobjecteth isanfwered by it, &the wicked inihared in the kvork of his owne hands, 4. If the King have not absolute power, but be limited both by the lawes of God, and by the lawesof Man : Then Kvhen he tranfgrefieth the bounds prefcribed to him , he bay be refilled. The reafon is bccaule , He who is no Ma- L 5 giftratc 170 Arg. from the limited Cap. VIII. giftrate may be refilled ♦ But the King going beyond his bounds is no Magiftrate. Therefore he may be refifted, The propofition cannot be denyed : for he who is not a Magi- ftrate, is not that ordinance of God j which we are forbid en to refill. The affiimption is granted by Arm fas de auth : frtnet. c. i.».lo. faying, Dumcoxtra off$cium facit Mag/flra/us > nan esl Magtfratus , qutppe a quo non tnjnria fedjus naCct debcat* while the Magiftrate doth againft his office , he is no Magi. Urate; becaulea Magiftrate should do no wrong but right; L r/i$mmertnt 6 c* node vi. c* quod quu 14, f . If the King's power be not abfolute , and if he cannot do whatfoeverhe pleafeth : Then when he makes his lufta law, and folio weth the dictate of his tyrannical corrupted will , he may be refifted: becaufe, what power he never gote from the People to txexec , if he exerce it , he may be 3 by them refifted. But the People never gave him a power to rule as he lifleth , and to do what his mifled underftanding and enraged will did prompt him to do. Ergo they ma) refift him when he exerceth no power given him,but a po wei aflumed to himfelf , through the corruptionof his heart anc wicked wilL 6* If the King's power be not abfolute , then the PeopI< are not denuded of the power of felf defence. Royalifts and fuch as trade their fteps think, that an abfolute prince or a prince wttgr& Majeflatis , as they call him , hath gotten al Power from the People, even that power of felf defence ( which yet is falfe ) but though this were granted , it will not follow, thata limited Prince hath gote away thatpowl cr of felf defence from the People, and left them naked tel his tyrannical will , to be difpofed of , as he thinkethgood| 7. The King's power being limited , and not abfolute fiyes that , by the conftitution and limitation . more regair- was had to the fecurity of the People , then to the King' meer will and pleafure \ and that the Kings meer will an pleafure should not be followed , but refifted, when thereW the good of the People and their faifty was in hazard : a men are bound to look more to the end then to the meanes and to hinder fuch things as are deftructive of the end. 8. J, f Power of Princes. 171 8. If the King's power be no abfolute; then the Parlia- ment's power is not abfolute : And if the King may be re- ifted in cafes of neceifity , becaufe his power is not ablo- iute: Then the Parliament alfomay be refilled, upon the fame ground , when they do violence and opprefle the in- nocent : And if the Parliament may be refilled by Subjefts, then it cannot be unlawful forjSubjefts, in the cafes of ne- ceifity, to defend themfelves againft the unjuft violence of their limited Prince , albeit they want the concurrence, countenance and conduct of a Parliament or PublickRepre- fentatives. 9. If King and Parliament both be limited , they cannot make what lawes they wil. Nay, themfelves declare that they cannot make any particular aft or ratification in prejudice of the lawful rights of a third party , and therefore in the end of their Parliaments or SeHions of Parliaments thcyufually pafle an aft falvo jure cujufltbet. And if their particular afts are of no force, in fo far as they prejudge the rights ot a third perfon,nor to be fubmitted unto nor obeyed, Then their other afts made in prejudice of the glory of God, ofthegoodof his Church , and of the intereit of Chrift in the land , are of ino force, nor to be obeyed and fubmitted unto : and, it in the former cafe particular perfons are allowed to defend their rights, notwithftanding of thefeafts: Then much more may private Perfones be allowed to defend ChriiVs rights, and their owne rights, as to their foull & consciences, not. vvithftanding of any aft or law general or particular made to the contrary , the beft way they can , when all formal legal vvaycs are taken from them. 10. Ifthe King be not abfolute* He cannot execute the Lawes made , according to his owne Iuft and plcafure *, nor may any inferiour judicatory do lb : For that is a piece of ty- ranny: and when he or they , following their owne tyranni- cal wills , tranfgrefle the Lawes and Bounds prescribed 1 and take an arbitrary way of executeing their cruelty , They may in that cafe be refilled : Becaufe that power is no proper ma- giflratical power , but tyranny , and an arbitral y ebullition of rage, no power ordained of God, but the lawkflc will of cor- rupt creatures. n« Since ijz Arg. from the limited Cap. VIII. ii* Since He hath not abfolute power to execute the Lavves after an arbitrary manner according to his owneluft & pleafure, if when he is doing fo, he may be refilled; then muchlefle canhelmpowerhisEmiflTaries with an arbitrary, tyrannical , lawlefe cruelty , under pretence of executing theLawesj or if he do, the refitting of fuch in that cafe , can be no refiftance of the Ordinance of God. Neither God nor Man ever gave him power to conferre on others a Lawlefle licenfe to opprefle, rob, fpoile, plunder & tyrannize over in- nocents. And therefore the refitting of fuch bloody executio- ners, without any lawful power ? tyrannyzing over the fub- je&s, can be no fin or rebellion , condemned by God or his Law. 12. Since the King may not by an abfolute power com- mand what he will. JHisSubje&s are not bound to an abfo- lute obedience , but alwayes in the Lord : It being better to obey God then Man ; and when his Subjefts are not bound to obey, he cannot lawfully inflict punishment on fuch, as contraveening his Lawes , obey the Lavves of God : Be- caufe juft punishments are for tranfgrellions of juft Laws : And when he inflifts punishment where God alloweth a re- ward, he goeth dire&ly againft his commiifion , which is to beaterrourtoevilworks , and not to good Rom. 13: vet. 3. And when a Servant , or publick Meflenger goeth contrare to his commiifion j it is no difloyalty to the King, to refufe fubjeftioh unto fuch. So nor is it difloyalty to the King of Kings, to refufe Subje&ion unto his Minifter, when herun- eth crofle to his ovvne exprefle commillion* And therefore the Late Aft of defence , being the defence of innocents in the cafe ofextreame and inevitable necelfity, againft il- legal commiffions, contrary to the Law of God, cannot be branded with rebellion , but accounted an Aft of lavviul felf - defence . Cap. IX Cap. IX. Of the Peoples Power in the work of Reformation. Our Argument hence. THe Author of MsfhtMj* Pag. i8» 19. had thefe words, [ As we have already cleared , that m cafe either the People* or any part f t'-iembe vtoltn/ed to a compliance, cr be wickedly terfe- cured for adhere. ng to God, in the frofejjion and practice of the con- trary dutyes , they may lawfully defend themfelves , and are mutu- ally bound to afitH and deliver one another : So it n:x» comes to he confidered that >^.(emg the matntamance of truth , and the true li'ors toe of ^od , -were and are the prmctpaXcnds and muives of con- tracting ofSocietycs , and erecltng of Governments , whereunto both the People and Rulers 5 are not only feparatly every one for htmfeif, but joyntly obliged for theptthltckjidvancementaud establishment there- of; And that God doth therefore equally exacl , and avengs the fin of the Rulers only > or of tie People only , or of any part of the People only j upon the whole body of Rulers and people , for their fimple Tdc- ranee and connivance , wttho.tt their acli oe comply ance with the tranf- pejfours y ofneceffitj > bothf om the principles deduce dj and ficr most vi/ible jitdgme ^ ts of God agreeable thereto , there muff bc a frp*- ferior and antecedent obligation to that offubmiffton , incumber t all both joyntly and feparatly , for the matntamance, vindication, and refer mat ton of Religion , in order to the promo vmg of thefe great ends cf the publicl^profffion of truth , and true U'orshtpe j which the Lord doth 1 idtfptnfbiy require . ] By which any, who -read with judgment and attention , and confider what pre- ceedeth, and what followeth, may fee what was that Au- thors fcope and intention 3 w£. to shew in few words , the lavvfulntfTe of Peoples Handing to the maintainance and de- fence of truth 3 and the true Worship of God , \ \ . lated and enjured by thefe> who, by their placesand call- ings, should endeavour the eftablishing and perfect fecurity thereof? both from adverfarics within and without ; a^ as to the defence of their pedones and libertyes, when wick- edly perfecuted for adhereing to Cod : Andthac , as it 174 Arg. from the Peoples Cap. IX not his fcope and intention ; fo nor will the words give fi ground to any (who is not utterly blinded with preju- * dice, and refol ved to pervert the faireft and fmootheft expref- (< fions that can be uied , to the end they may pervert truth, &,# deceive the fimpie who readily beleeve every thing) to think * thathepleadethforanymagiftratical authority, and power If togiveoutmandats, and enjoyn execution upon tranfgref- 'w fours in poynt of reformation or Religion, unto privat per- . * fones: Far leflfe, that he pleadeth for a power due unto them, * to rife againft , and throw dov vne King and all Magiftrates , * fupreame and fubordinate , andtoufe the vindicative punish* * ing & reforming power of thefvvord , even in cafe ofdefe- m ftion in matter of Religion. If any will but look to the f end of that Paragraph , they shall fee this fully confirmed , I where he is applying what he had faid, to the purpofehe fei was upon , w^, in vindication of what was done by our m( firft Reformers, in the dayes of Mr l{nox (of whom only he r is fpeaking in that part of his book ) for thus he fpeaketh Wl [ and had not our Reformers great reason to feare and tremble^ leaft , ' the mamfefl toleration of prcud cruel and flattering Prelates , who had J"1 perverted the lawful powers into bloody persecutors • and of idolatrous * f Pr lefts , wkofe wtcl^dn:j]e and idolatry had corrupted the whole Land , P might involve not only themfelves , but the whole Nation in de~ iei( firoying and overflowing indignation* ] Was there any fuch thing P pretended, orafTumed by thefe Reformers, but a power to P defend , and maintaine the true reformed Religion , and m: their reformed Preachers, againft the malice of powers per- ^ verted and enraged againft them, by the bloody and peftilent P counfel of thefe idolatrous locufts, and to hinder open andj avowed idolatry , which provoked God againft the whole J Land ? Did they ever arrogate to themfelves the magiftrati-1 cal , vindicative , punishing and reforming power of thcl fword againft all Magiftrates Supreame and Subordi-1 nate > Or doth N^htaly fay any fuch thing ? And yet] this Surveyer becaufe he cannot confute what is there] nervoufly vindicated , aflerted and demonftrated } That] he may not be feen to do nothing for his hire , he will] thraw Nifktdy$ words as he thmketh beft , and falflyj andl Power in Reformation. 175 ndmoft impudently aflertP^.8 3. That Naphtali fay eth [_*my arty of meer private performs may rife agatnfl , lefift, throw dsvne \ing and aH Magiflra/es , Supreame and Subordinate ; and in their * Hjnehas - Itk^e muttons , ufe the vindicative > punishing , reforming over of the [word, efpec tally tn cafe of dt fecit: n tn matter of Rt- tgton : and that there tsa )oynt obligation lying upon the people , and 'very party thereof , to vindicate and reforme Religion , in a public^ wmttve way , even agatnft all Magiftrates and Nobles > and agatnfi he plurality of the people. So that if any part cf the people do thtn^ he Magistrates > all of them , or the plurality of the people > patrons of MiOmmatto.is , any pi tv ate party that thinly they haze power enough, may flee to the vindicative , punishing and reforming fword, and fall 4pon all Rulers and others , whom tbey thinly to be in a defection , and villbJdly fay that tn truth they are fo.~\ Who feeth not what perverting of truth is here ? When Naphtali only afierts, that .n cafe the Magiftrate, to whom the vindicative, and (in :afe of backflidcing) the reforming power is committed, md who should make this his maine work? shall turne the principal perverter , and chief patron of thefe abhominations, bme other thing is required of the people then fubmiilion, k there lyeth upon them fome' obligation antecedent to that, »ven an obligation to the maintenance, vindication, and •eformation of Religion : Which may be , and is , fome- :hing diftinct from that vindication and reformation, which s incumbent on Magiftrates , even a vindication and refor- mation , by way of maintainance of the received truth , ind hindering of idolatry and blafphemy , or what is disho- norable to God, pernicious to the commonwealth , & op- 5ofitc to the true reformed Religion: which may be done without arrogateing in the leaft , that power which God lath committed to the Magiftrates: And this is far from ifeing thefword againft the Magiftrate , and from throw 11m down. It is incumbent to the Magiftrate, to defend private fubjefts from Robbers \ and if they fpoyl and robe a nan's houfe, to recover what is by robbery taken away : but f he neglect this, and rather patronize fuch Robbers; It s a duty on the fubjeft, to defend his ownc, and vindicate and recover his goods 3 the beft way he can: andwhow>ll fay 176 Arg. from the People Cap. 1^ fay that it is an ufurping of the Magiftrates fvvord > whereby he should punish Robbers, defend the innocent , and recover the goods of the fpoyled -, or a rifeing up againft the Magi- ftrate to dethrone him. There is a private maintaining , vm- dicateing and recovering of goods ftollen, which yet is a£tive, and may be effectual : and there is a publick, authoritative and magiftratical defending , vindicating and recovering. The other may be incumbent to private perfones in fomecafes, when yet they do not ufurpe this. So in the Matters of Re- ligion , there is a private, yet a&ive and real maintain- ing , vindicating and reforming of Religion when corrupted, and there is a publick , authoritative and Magiftratical main- taining , vindicating and reforming. The former may be aflumed by private perfons , in fome cafes , without thel1 leaft hazzard of incroaching upon this , far more without the hazard of calling Magiftrats to account , judging , condemn- ing 5 and dethroning them 5 and the like. Having thus cleared how little ground he hath, to cry out fo againft Naphtaly and his party , as the fanguinary faction (as he doth Pag. 83.^ and to profecute that difpute as hel , doth in the following Pages , we will not have much diffi-F culty in anfwering what hehathfaid: but firft let us prole-r1 cute our ownebufinefle, and shew what real power People!1?' have, without their Magiftrats,in the maintaining and reform-F: ing of Religion: And, i. It is lawful , yea neceflary, for every private perfonF whether the Magiftrates Superiour and Inferiourgivethei countenance, concurrence, or confent thereunto, or not to purge their hearts, and reforme their lives, and to watt, in all thewayes of God's Commandements. Our Surveyel himfelfgranteththis, Pag. 84. forfayeshe,^^*^// bouncy.- : to amend axe , and fo all will be more eafily amended. Very true wj :"' Andif this were done, our work were at an end, and hnrifr • felf would be a Hangman to his owne pamphlet , unlefljj^ he think himfelf exeemed from that duty of reformatiom and that he hatha difpenfation to lie, flander, calumniate and blaipheme the work > wayes, aad People of God. Z. I KtO Power in Reformation. 1 77 a. It is the duty of all private perfones, notwithftanding :hat idolatry , fuperftition , or any other corruption in the ivorshipeof God be eftablished by authority, or counte- nanced and encouraged j or conformity there to prefled , to keep themfelves pure from fuch courfes as provoke the eyes of God, who is a jealous God, and will not give his glory to another ^ This is undenyable by all who are not pu *dAthcifts,and who know anotherGod, then a clay creature, and who know that it is better to obey God then a Man. Our Snrveyer granttth in the forecited place [that every one cf the people ou^it/oreforme themfelves from ailreal ccrruptsws sn the xor- fbtpeofuod,] But, itinaybe, he makeththis?^/, an open door for him and his fraternity, to efcape by; and lb con- clude that he and they are arived at the hight of perfection , (becaufe forfooth they are fallen backward , and have a mindetogoe backward, and never to advance ) and fo fall not under the compafle of this duty. But corruptions will be real corruptions , though they account them perfe- ctions. 3 . It is the duty of private perfons to rebuke , admonish , exhort, reprove, obferve, edify and provoke one another to love and good works Lev. 19. \j. Mat. 18.15, 16. Rem. If. 13. Col. 3.16, I Thef 5.11. heb. 3. 13 . and 10. 14. 2.^ ^nd thus inftruft one another in the right wayes of the Lord > perfwade , move and induce them by motives and arguments, indallmeanespoiiible, to imbrace the truth, and to torfake prrour, or any falfe way, Even though the Magiftrates should prohibite and difcharge this , and by their command md authority should eftablish errour and corruption , and banish truth with their edicts and proclamations. OuriWr- pcyr granteth Pag. 84. [that no man should fay , am J my ItLtUrt keeper , bur by fa/tiful tr: sir nelson , w.trmng^ ic proof, strive to fave others ft om the evil of the time and places wieret; A nd yet he knowes who are perfecuted upon this account , of meeting together for thefe and fuch like ends, to fhengthen the hands one of another , that they faint not in this evil div , and to fave one another from the evils or' thefe times as M keepers t 178 Arg. from the Peoples Cap. IX. keepers of conventicles , and feditious difturbers of the peace. 4. When there is any corruption in the reformed Religion , whether in doctrine, worship, discipline, or government creept in \ or any corrupt finful practice come to uie , and abounding in a land, and theie corruptions not only connived at by the Magiltrates, but alfo countenanced, approved and authorized ; it is the duty of all the faithful Minifters of Chiilt , to be laying out themfelves totheutmoft, in their paftoral functions, for the fuppreiling of theie corruptions and enormities , notwithstanding of any prohibition of the Ma- giftrate, vvhofe power is not privative in this cafe, to the contrary. Though this be abundantly cleared and confirmed by the practice of all the faithful Prophets and Apoftlesof theLord, both under the Old, and under the N*Teftament; yet we all know how impioufly and tyrannically this is deny- cd to the honed Minifters of Scotland , who , left they , should fpeak any thing againft the rageing evills and abound- L, ing corruptions, both in matters of opinion and practice? I which haften the curfe and wrath of God upon the land , and ^ make us ripe for deftruclion , are not permitted to preach . \t uncontroverted truthes , and the undenyable grounds of, fr. Chriftianity. But however this piece of tyranny and perfe- $ cution be eftablished by law, yet the law of God ftands: fc unrepealed & in full force and vigour, & by this law,- all who sc have a trumpet and a mouth should fetthe trumpet to their, ic; mouth, and cry aloud and not fpare, and both privately and L publickiy labour thus toreforme the grievous abufes , that h abound in the land. £, Private perfones may, let Magiftrates command on ^ difcharge what they will, yea are bound to, obey the whole fome exhortations and admonitions of Minifters and others who faithfully declare the minde of Gcd , and difcover ab hominable corruptions, & crying abhorninations: & notwith ftanding of any law to the contrary, Imbrace, andpra&ife the true Religion,and rejeft the corruptions.- This is certane for it is God's minde and will that his commands be obeyed rather then mans j and if Minifters, and private pcrfons bel bounc Power in Reformation, 279 bound to exhorte, rebuke , warne, reprove, admonish) move and perfwade, it is Peoples duty to hearken to? and obey thefe good and neceflary exhortations , rebukes, warn- ings , reproofs , admonitions and perfuafions . God's miiide should be followed? hold it forth who will , efpe- daily when it is declared by his AmbafTadours , whom a fpecial manner are authorized by him for that effect. We know what a dreadful plague and judgment came upon iudah z Oron. $6: 16,17. becauie they mocked the meflengers of God, and defpifed his words , and mifufed his Prophets, the wrath of God arofe againft his People? till there was no remedie. And it was this , which occaGoned the Non- churching of the Church of the ]ewes Ac\, 13:4*. Sure when Peoples eare is ib uncircumcifed that they wil not heare , and the Word of the Lord is a reproach unto them , and they have no delight in it, then is there ground to fear the verification of that fad threatning icr. 6: 11,11. that Wrath thall be poured out ttp-jn the children abroad , and upon the aflei y.gmen together , Jo that even the husband ztrh the vtfe shall le %a\en , the aged vtth htm that ts full of dayes , and then hcufes shall h turned unto others, vtth tketrfitldes, and n>tves tcgetl.er; for I mill Ireach out my havd upon the inhabitants of the land, fayeth the L crd. 6 From what isfaid, it is apparent , that all who would lave peace with God , and peace in their owne confeiences , ind joy in the day of their accounts, should imbrace? profeffe* .od practife the truth of God , and the true Religion reform- d in doctrine , vvorshipe , difcipline and government 1 rhough King, Parliament, and Council should reje& and ondemne the fame , and countenance, or command and Uthorize the practice of idolatry , fuperftition , oranyr': vay in the vvorshipe of God, or in the doftrineandd. Jine. For, no law of man can vvarrand iniquity, no act or onftitution of any Magiftrat under Heaven , can refcinde ( invalidate the mandats of the King of Kings , or t mpt People from obedience due thereunto- No true Ch: a( whatever court flatterers &atheifts may do can deny this. 7. Nor can it be denyed, That in Kingdomes or Com- monwealths where once the True Religion , reformed ifl M z doctrine 180 Afg. from the Poeples. Cap IX. do&rine, vvorshipe, difcipline and government , hath been received > publickly imbraced , approved and counte- nanced by authority, ratified by lavves 3 ftatutes, afts, de- clarations , proclamations , oathes , vovves and engage- ments . Though the Magiftrates Superiour and interiour should turne Apoftates from that Reformed and received Religion, and by their lavvescondemne the fame , andefta- blish corruptions, and enforce corrupt practices by penal- ryes ; yet it were the duty of all Subje&s, who had any regaird to the matters of their ovvne falvation > to adhere to the truth once received and eftablished 3 and vvorshipeand Serve God , after the right manner , and refufe to obey theie iniquous lavves. Will any deny fuch a truthasthis , ex- cept fuch as have fold foull, confciences and all , unto the lull of Men; or think there is no Religion , but what King and Parliament will have, and confequently if they should enjoyne the imbraceing of Mahomet's Religion , or the worshiping of Sun , Moon, and Starrs3 or of Satan himfelf, obedience muft be yeelded. 8. If in the forementioned cafe, The Magiftrates Supe- ' riour and inferiour should combine together ,• and confpire againftChriftand his intereft, and should not only > by their acts and ftatutes , banish him > and his glorious interefts out of theKingdome; but alfo? by theircruel executions , labour to force, conftraine and compel all their fubjefts or \r a part of them, to the renunceing of the formerly receiv- ([' ed and avowed truthes 3 and to the imbraceing of the in- in- troduced corruptions 3 andfo to run with themfelves untdtMj the fame excefTe of iniquity ? perjury and abhomination : ht Then it is lawful for thefe Subjects fo opprefTed , perfecuted Re and abufed for their conftancy in adhereing to the truths |(; oace received , contrare to all engagements , vowesL and Covenants 5 to defend themfelves againft that unjuftty- •• ranny and rage , and maintaine the reformed truth , which is unjuftly& violently taken from them, by force > when there is no other probable meane left for them to ef- fay ; nay when liberty to fupplicate or petition is inhu- manely and feverely , under the very paine of Treafon: difcharged Power in Reformation. 1 8 1 -difcharged. The reafons are i. becaufe , we have shew- ed above, that it is moft lawful forSubie&s to maintaine their lives, perfons, and Eftates , againft the unjuft vio- lence and tyrannical oppreilionof their enraged Magiftrates' : And if chat be lawful , this muft alio be much more lawful ; for as the foul is much more precious then the body , fo matters that concerne the foul , should be preferred to fuch things as concerne the body . And therefore Religion , which is neceflary for the life of the foull , should be with no lefle Zeale, care and induftry, maintained and preferved pure and unconupted , then what concerneth the lives of our .bodyes. 2. It is lawful for Subjects to maintaine their na- tural and civil libertycs , by force, when no other way can beufed, left they, and their pofterity after them, should be redacted unto a Rate of perfect flavery and bondage , worfe then that of the ifradttes in Egypt : And shall it be unlawfull to tight for the defence of Religion, wherein is comprifcd all true and defireable liberty , andto fave pofterity from ty- ranny and bondage in their fouls and conferences , much more dreadfull and terrible, then the moft infupportable and bitter bondage of the body imaginable ? Shall men be allow- ed to tight to preferve their owns bodyes , and the bodyes of their pofterity from the flaveiy of men , and shall thev not be allowed to right that they may prefer ve their owne foulls and the fouls of their pofterity -> from the tyranny of Satan t Who but fuch , as either think they have no foulls , more- then bcafts , or know not the worth of their fouls, will d this confequence ? 3. It is lawful for Subjects to de. their lives and libertyes , in order to the defence of the true Religion , and the interefts of Jefus Chlifts , when their loflfeing of thefe should certanely tend totheloiTeof Reli- gion. J-rgo It cannot be unlawful to defend Religion, which isthemaine and principal thing. 4. I fit be lawful to main- taine the interefts of a King againft an ufurper, whether a granger, or an inferiour Magistrate , who is under I and is feekingto eject him and his intcreft, contra, c to hi^ faith and truft: Then much more muft it be lawful i to de- fend CbnB Jefus and his intcreft , when King and Parliament, M $ contrarc iSz Arg. from the Peoples Cap. IX. contrare to their fworne allaigance unto him , have rebelled , and are feeking to dethrone him, by their wicked Lawes and Ordinances, and to banish him and his intereftsoutof the Kingdome , by their tyrannical cruelty & inhumane and mer- cilefle executions. Will any deny this but ingrained Athei- ftical Malignants , whofe chief character hitherto hath been , to preferre man's intereft unto Chrifts I Or fuch as have re- nounced all faith and loyalty unto the King of Kings , and havefet up a creature as their only God , whom they minde to Worshipe and adore, and for whom they minde to fight againft all breathing , and againft t heGod of heaven alfo: But their weapons shall fall out of their hands when They shall feel the light mg downe of his arme , with the indignation cf his anger , and with the flame of a devouring fire , and with fcattertng and tem- pers and hatlFlones , and when he shall cdufe his glorious voyc£ to be heard, if any should object, That becauieChrift's King- dome is not of this World , therefore his Servants should not fight for him. It is eafily anfwered. That, as hence it will follow , that Religion cannot be forced by the fvvordupon, any ; So it will not follow that Religion should hot be de- fended j for then Magiftrates should not defend Religion , norChriftians should not defend their Religion againft the Turkj. Which is falfe. And hence , 5. If it be lawful for People to defend their Religion againft an army of infidells , Mahometans, orPapifts, invadeingtheLandofpurpofeto fpoile us of our Religion , and to force us to imbraceheath- enifme; Turcifme, or Popery: Then it muft be lawfull to defend the fame true Religion againft King and Parlia- ment j when they feek to rob the People thereof, and force corruptious upon them: becaufe King and Parliament havq no more authority from God, toopprefle the confeiences of their Subjects , to corrupt Religion, and force corruptions upon them j then the Turgor the Pope hath: and therefore, no Idle lawfully may they be refitted. 6. If privatpejfons may rcfiftand withftand the Prince and Parliaments , when they fell them, and their land and heritages, unto a forraigner, to tke Tm\ or fuch an adverfary : Then much more may they withftand them, and defend their Religion, when they Power in Reformation. 1 85 hey are felling it by their apoftatical acts , and thereby fell- ing them ami their Souls unto Satan the God of this World . 9. When Religion , by the conftitution of the King- dome? is become a fundamental law, and a mame article and cardinal condition of the eftablished Politic, and upon which, all the Magiftrates Supreame and Inferiour , are in- rhlled in their offices : Then may that Religion be defended by private fubjects , v hen their Magiftrates havecon!pired together to deilroy thefame;& to emorce the corruptions of their owne biaine. Thereafonsare i. becaufe,itisiawfulto defendthe juftar-dlaudableconftitutionoftheRealme, & in fo far , as Religion , which is a principal fuiidnion-ftone of this conftitution , is fubvei ted , the conftitution is wron and the fundations thereof are shaken. 2. in fo far; the Magiftrates are no Magiftrates: And therefore they may be refilled. Magiftrates, I fay , info far astheyovertume the conftitution, are not Magiftrates j for that is amaine paii t of their work, to mainraine it: Forupon the confti- tution hang all the liber tyes and all the good and necefliry Ends , which People have let before th- ing up of governement, and His owne being asiuchj&the fubverfionof that, fubvertsall, and deciareth tru to be an enemy to the Common weaith j and an overturner of the polity: and this is inconfiftent with being -. 3. In fo far as they over turne or shaker: . tions , they cannot be feeking the gpod of the Commu but their owne , with the destruction of the Common g< and this is the mark and true character fcfaTyranc: not the good of the Co:: doc be looked upon as Magiftrates doing rants (eeking tfi inonwealth. Therefore, info£v I ; .1. In fofarr, Thecompaflfi the ground is violated, and as es , in ir - fir > fall from their right, i from their on , ib that if I Urates , the Sut M 4 mutual, 184 Arg. from the Peoples Cap. IX. Mutual? and fo is the obligation, as was shewed above. Therefore, in this cafe Subje&s, may lawfully refill, and defend their Religion, which is become the principal con- dition of their conftitution , and of the compaft betwixt King and Subje&s. 10. Where Religion is univerfally received , publickly owned , and countenanced by perfones in authority , rati- fied, approved and eftablished by the lawes, and authority of the land ; There, every perfon is bound and obliged before God, tomaintaine and defend that Religion, according to their power, with the hazard of their lives and fortunes againft all , who under whatfoever colour and pretence, feek to fubvert 3nd overturne the fame ; and to hinder any corruption that King or Parliament at home, or adverfaries abroad , would , whether by fubtilty , or power and force* bring in : and lay hold on the firft opportunity offered to en- deavour the eftablishment of Truth > and the overturning of thefe corrupt courfes , which tend to the perverting thereof: And the reafons are , becaufe. 1 . When the True Religion is once embraced , and publickly recieved , That land or Commonwealth is really dedicated and devouted unto God , and to in a happy condition \ which happy condition, all loyal fubjefts and true Chriftians , should maintaine and promove,' & recover , when nearby or altogether loft. And therefore, should do what they can, to hinder any courfe that may tend to recal this dedication , to deteriorate the happv 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 muftcertanely beexpefiedto goeout againft the land, if defeftion be not prevented and remedyed : For , if but a few should de- pairt, .wrath might come upon the whole, much more if the Leaders turne patrones of this defection. But of this more in the next chapter. 1 1 .Much more5muft this be allowed in a Land, where Re- formation of Religion in doftrine , worsfeipe , difcipline andgovernement, is not only univerfally owned , publickly received; and imbraced; nor. yet only approved, authorized, ratified Power in Reformation. 1 8f ratified and confirmed , by publick authority , andthelawes of the Land. Butalfo corroborated by folemne vows and Covenants , made and fworne unto God , by all ranks and conditions of People, from the King to themeaneftofthe fubjefts , in a moft folemne manner ; and that feveral times re-iterated: in which Covenants, allfweare to Mamtune and defend this Rtltgion , with their lives and fortunes , and to labour y by allmeanes lawfull , to recover the turity and liberty cf the gjfptl ; and to cont/now m the prof efflon and obedience of tloe firefaid Religion , defend the fame , dndrefift all contrary err onrs and corruptions , rfr- cordtng to their vocation , and to the uttermofLjf feat power that God futs m their hands, all the dayes of then life :.:..-., mutually to defend and ajfisl one another , m the fame caufe ofmai -. taming the true Religion , with their bejl Counfel, bodyes, meanes and whole pow- er, again ft all forts of per fons whatsoever. And [Sincerely , really dnd confia^tly , endeavour , in their feveral places and callings , the frefervatton of the refit med Religion tn doctrine, worshipe , difct- pltne and government % The extirpation of Popery, Prelacy, Sit* perflttijn , Herefy , Schifme , ProphanneJJe , and whatfoever shall be found to be contray to found doctrine and the power of godltnejfe. And to ajjisl and defend all thofethat enter into the fame bond , m the maintain, ng (S pur fusing thereof. And shall not fuffer them (elves directly or indirectly , by whatfoever combination , ptrfuafon cr ter- rour ', to m.il^e defection to the contrarj party , cr to give thcmfelves to dcteftaile txdijferexcy , cr r.extrality in this caufe , which fo much conctrntt'o the glory of God , the gocd of the I\tngdomes , mdthe honour of the l\i g \ but shall, all the Dayes of their li- ves , Zealonfly and conjlantly , continue therein , .: ippofitto.i , and promote the fame, according to their power , ar ill lets and impediments wh itfoever. ] Now I fay , in inch a I is this, when after all thefe engadgments and covenants , a :ourk* of defection is carryedon, by a ftrong and violcnte Kgpd; by Kin^ and Parliaments , and there is no meaoe Lie into Private Perfones , when violented and conftrained to icomplyance, by acts, and tyrannical and arbitrary c\ jpns, of either preventing their owne d n in foull indbody, or preierving the reformation [worn unto . oric- fevhj < tbM fnrdj ff* the >,h:""*",'S„tJan%MitUcMtel there- fr«J, ^«^rJSf Which wo d were undenyably fpoken to the F eopie > . . g h d h annot. in the f^oken f^^S^Ww^isshewed bow the C.0lltTtSnfG0?werePtodemeane themfelves to wardsacity PK~P«fill«off ^andthough,wereadylygrant, that thee thaC;Lnotimpovverprivateperfonestoaatheparto^ Ma- words do not mpowc \ r , Co deadl gyrates , »d^fSn?menri3^r ,o fall upon the Lhasaregi^ ofth^eenme ^ ^ execution « ithout_ gev ^o j ^ whatever this yCt K "°5££ ToSv ThaSt this place wiU warrand private Survcyer »"«£>" ,i , K _ when b prethon. perfones to defend then k atld when defection .! 2nd V1Ho"fna nddSotedrOod, and Magnates eithe, "TiZ take courfe therewith, or countenance the fame. Power in Reformation. 187 this being fpoken to the people, fayes, they should manifeft and declare their Zeal otherwayes ; feing by this, they might have fufficiently knovvne how deteftabletuch a defection was unto the Lord , and that no leiTe would pacifie his wrath againft that part corrupted , then utter exterminion and over- throw of young and old in it > with their cattel and goods : Will not any readyly yeeld, that they had been bound, to have concurred with the Magiftrate in this execution ; and that if the Magiftrate had been negligent, to have remonftrat- ed the matter unto him ; and if either that had not prevailed , or Magiftrates being chief actors and patrons thereof, they durft not have remonftrated the matter, they might lawfully have joyned together? and with their fwords in their hands , have moved the Magiftrate to purge out that abhommanon , and to have granted them fecurity, that the contagion should not have fpread, nor they be infected therewith? left the fierce- anger of God had not been turned away from them? And if this be granted ( v. hich cannot eafily be denyed ) we have our purpofe , arid A7a?kthalt hath all which he defired , And cer- tanely , to fay , That this courfe was only to betaken , when one city was infefted , and not when moe > when ten or twenty jorpoliibly the major part, were but to elude Scrip- ture, 3s Napkrali laid : feing the fame reafon will hold in thefc cafes, which holdeth in the cafes infhnced: and whatever the Surveyor fay fag. s 6. fuch a cleaving to tne literal meaning of Scripture, as will not admit confequential arguments to be drawne therefrom , to the like cafes , nor an argument drawne a m'mm ad ma-us , from the cafe inftanced , is neither the Doitrine of Chrift , nor of found Divines: nor is the following of Chrifts example and of the Apoftles, who made ufe of fuch confequences , a making a nofe of wax or the holy Scriptures, nor a wringing or wafting them, to biingin our owne fancyes,nor a covering of our crooked courfes with fuch a cloak: (however we be branded by him , for this , and as being men of blood and violence \ but his falfly rubbing that afperfion on the innocent, mil never wipe that right name off hiin and his party , whole violence and thirfting after bk is more then lufliciently knovvne J yea hunldY in his | x88 Arg. from the Peoples Cap. IX. fvvere ptg. 57, 58. will allow fomething to be done by vertue of this text , where the major part is corrupt , and the minor part found j faying [,, Though the lelTer part is not to acquiefce ,, in the way of the greater , runing into rebellion againft God, 3, but by ail meanes competent to them , bear witnefle againft 3, that way, and iiudytokeep themfelves pure , when they 3, cannot prevaile to have matters rectified , as to the whole body „ ] And yet the carnal luckwarmnefTeand indifferency of this latitudinarian Politican in the matters of Gcd, ap- peareth. That after he hadfaid that [„ there is no coming to 3) an accomodation in this matter whether the True God, or other Gods should be ferved. „] he prefently addeth, in a pa- . renthefis [% , and yet this man would be very fevere , if no Na- 3, tionin the world, might (having before been embodyed in o, a Kingdomeor State) continue and abide in their peaceable „ communion in civil interefts /upon fuppofition of iuch an equal divifion arifeing amongft them ,,] It feemeth this meek peaceable man, would fuffer Satan to be worshiped in the fame State with the true and living God : and that (if he apply this to the purpole; if the equal half of the Kingdome oilfrjul had worshiped the devil, he would not have been feme, but advifed the other half to abide united with them in civil com- munion. But , leaving thefe and the like, which are not much to our purpofe, let us fee what hefayes, to the thing. He tells us Pag. 57. [,,That noexpofitionof a text canfubfifl, 3, that is either contrary to other texts of Scripture, or to found reafon. ,,] This is granted : But how shovveth he that theexpofition given , is contrary to either? [,, It is contrary 3 to Scripture; becaufe (fajeske theScripturecommitteththe 3, vindicative and punishing (word only to the Magiftrate , ,, who only is thefword bearer. Rem. 1 3 . ,>] But this is not againft us orourexpofition : Naphh.tU {peaks only of private perfons taking the defenfive (word , and thereby keep- ing the land pure, and labouring ( ftill in their private way, not in a judicial authoritative and Magiftraticall way) to purge out corruption, and maintaine Reformation ; can he shew us Scripture againft this? Againe laves he [ 35 this is „ poynt-biank con;rary to reaibn,remedylefly tending to dif- folvc Power in Reformation. 189 > folve humane Societies , and all Kingdomes and Comon- vealths.] Then it feemeth though Magiftrates should con- :u:re> with the minor and founder part, to purge out the rorruption of the greater -y or concurre with the equal half, ro purge the other •> or with a greater part to purge the lefler , f a confiderablepart , it might not be -> becaui'e , that v 1 way to diflblve humane Societies > and all Kingdomes and Commonwealths. Ay, buthemeaneththatitisfo [To fetch hat any rneer prtvat fcrfr.es , or any p. tit of a People , who thmf^ *hemfeivts ftrong enough, should take on them to fit and net as prmith- . t ig judges , over all Magiflrates Supreme and StAordmate . yea and npon the Major fart of the People themfelves , andup.n fhert owne fan- eyes , led with their own luffs , draw the .'■ al (word . ] Anfa. But then againft whom doth he fight \ Kaphtaly fpoke not fo : Nor doth ourcaufe requite that we shou d feyfo. We fay not, that private perfones should take up the Magiftrat's fword , and with Magiftratical power and authority judge and execute the w • ole bodv of the People > and the Magiftrates Supreme and Subordinate y far lciTe do we fay , That they should do this upon their fanfies , or when led with their owne lulls. This is nothing elfe but to fanfy an adverfary to himlelf, when he cannot anfwere or Hand againll his proper adverfary : and after he hath busked him up in as ugly a shape , as he can , then he may well cry OUt [ Oh horrtd ennfufi n, to be detafted of all ratio?, ai and Ckrifisan hearts ! ] But this is not faire dealing , yet futeable enough to him and his caufe, which he can get defended no other Way? iSut then he tdls Us P*g. 55?. [ That though the words he JpoJ^rt to the People \ jet it is alwayes to be under (lo*d , that the t cnctmti ct tn the punishing of an Apoflare city , W4I Within the bounds of tie. r calling , andund^rthe condud cfthe hla- gijiratic tl powt r fit over thtm : As whim tn:turs to idolatry ate , tn tit j )tn,r M ' f the ch.tpttt , enjoyned to be tal^on crder with y ( h •mever nt* I) tit > wot related to People ) and to be fiomd , it it net to le fuppojed that the iharge is given t \ \ ate ptrfn \ VTiZVAX to dotl.is y but judgment was to be execute c diciai con-viflion , and fenttnee given by tie Mag: f.i)cth Diodat. cnv. 8. and Pclargus cnv. 14.] Anfw. j. che 190 Arg. from the Peoples Cap. IX. the Peoples concurrence was to be within the bounds of their jfl calling , we grant : But the queftionis how far the bounds * of their calling did extend : Did it extend no further then »° to goe out when called thereto of the Magiftrate , to punish W that Apoftate city ? Then if the Magiftrate neglected to call & them out , they were not fo much as to mourne for that A- ^ poftafy, by this text ; Nor to ufe any other meanes to «* have the Matter rectified, nay nor to beare witnelTeagainft w that way : For if the Magiftrate was to preceed , and they k only to goe under his conduct 3 if he called them not forth > W they were exonered, all that was required of them , being K only to be willing and ready at a call. But fure this inter- ^ pretation is not conibnantto other texts of fcripture, as we k shall shew* 2. If we look to the other particulars fpoken ^ toin that chapter, we will findethatthere was more requir- k ed then that , or a fimple mourning infecret ; for no man k wil think they were exonered, ifthey had been only willing to execute the fentence of :he Magiftrate upon the falfe Pro- phet and dreamer? that fought to draw them after other Gods. Scingthey were not to hearhim.So as to the enticer,they were not only not to hearken unto him , but they were not to pity him, nor to conceale him v. 8* but now? what in cafe the ■■ Magiftrate should have refufed to have done his duty, to K have examined the Matter; or, what in cafe the Magiftrate * should have countenanced and encouraged fuch an one , was there no more required of them , but to have made offer of ther Son , Daughter , Wife , or Brother unto juftice , and when juftice could not have been gotten executed upon them take them home again to their houfe and into their bofome, & live as formerly good friends together ? I feare fuch cleav- L ing to the letter of the fcripture shall be found a meer elude- ingoffcripture, and a mocking of the holy ghoft by whom it was given. 3. Yea that wich Diodat fayes , is more, for he fayes , [ They t»cre to procure vengeance on him, in vay ofjufice Accufng htm to the Magiftrate hy information or fufpcient proof. J And if the Magiftrate refufed to do juftice , I fuppofe* they might have provided for their owne fecurity , and shot him or her out of doores with violence , that was feeking to draw 1 Power in Reformation. 191 raw them a way from the true God. So that granting whac he Surve\er would be at, the place will make for us : F:r hough the Magistrate was bound to examine , judge and sntence the Apoftate city , in a judicial authoncarive nanner j yet in cafe the Magiftrate should have com. it, or countenanced fuch apoftacy , they were to ufe other neanes to have the land purged of that crying obhomina- ion, then fimple mourning in fecret, even to have taken ihefword in their hand , mcafethedefection was approachi- ng to themfelves, and Magistrates were forceing them to icomplyance with that evil, orapoftafy; and never to have aid it downe , till not only themfelves were fecured as to heirpart,but the land were purged of that idolatry & the ido- aters executed according to the law, Their Zeal in this cafe ihould have carryed them without doors, though not to an af- umeing of the Magiltrates juridicall authoritative and pu- nishing lwo.d. 2 . /.fat. 5 9 \ v. 4. Next calleth for juflice , nor any pleadeth for ru/h. Where the Prophet among the reft of the evils wher- Dtthat People was guilty , and lor which heavy calamities iid prefle them,reckoneth this, that there was none who call- id for juftice , or did plead for truth j that is , there was lone who endeavoured to relieve ? and right the wronged > 3r to redrelTe what was amitfe , fee the English Annstat. no man owned the rishtcaufe, or took God's part againft fals- lood and wickedneffe, [ No man ( fay the Duth Annotat.) 0 dehor/ them th.xt it A unjuflly , cr . im a iu(icaufe> tnd the truth to the utmoit of hx fon^er . ] So that by this we fee what was required oi People, in a day of defection, even to :all and cry aloude , thut juftice itttghf be executed, and deal ■rich fuch as were Magiftrats to 3o their duty > and not to aring and keep onthe wrath of God upon the Land ; And :his ib more then the Smrveyn will have to be the only duty of private periones in a day of general defection, Pag. *i. \ Toksepthemftlves jure v/thtut any degree of aihng tlrfe ftnne> 1 and fighfvr the evtls that ate Jo*€ , fo he earneii tn prayt r that Sea may convert others, to admonish fatthfully> andfindy theft I9x Arg. from the Peoples Cap. IX* thefe who are out of the way. But this will be more cleare by the following paflages. 3 . Efty. 5 £.- 1 5 3 1 tf. [ Yea truth fatleth and he that depart eth from evill matyth him f elf a prey 3 and the Lord f aw it , andttdif- pleajed him that there was no 'judgment, and he Jaw that there was no man, and wondered that there was no inter ceff our. ~\ Truth and the caufe of God was fo at under, that a man could not get leave to live, if he depairted from evil, he was a prey unto the perfecuters , fo general and universal was this defe&ion ; and at this time, hefaw that there was no man, and wondered that there was no intercefTour to interpofe, none that would ftand up 3nd lay out themfelves to the utmoft, to fet things in order , none that would beftirre himfelf for truth and the rights which was then oppreffed : fee the English Annot.on the place: thewTordis ufed iSam.n. 17- where it is faid the fervants of Saul would not fall upon the Yrteftscf the Lord. So Exod. 5.3. left he fall upon us &c. So that we fee , there was fome pofitive thing required of them 3 fomeeffe&ual medi- ating, and interpofeing , and hindering of thefe iniquities , fome publick owneing and avowing of the truth > and by publick teftimonies , or other wayes of interpofeing , & falling-into impede, and ftand in the way of thatcourfeaf vvickednelfe. 4. So/^r.8: 6. [/hearkened and heard but they fpake not a right m man repeated htm of his wtc^ednefe faying what have 1 done"] It is not probable that there was none penitent among them , where then was Baruch and Ebedmelech Cap. 58.7,5). and others that flood forthe Prophet cv*/m6, 8, i£> 17, 14. But there muft be fome other thing imported, viz. That there was few or none repenting of national evils, and labouring to remove thefe, no man was (landing up and oppofeing thefe publick land defe&ionsj&labouring by this meanes to raife up the virgin of Ifrael who was fallen Amof 5.2* 5 . Term. 9: 3 . [And they bend their Ungues like their boves for lies i but they are not valient fir the truth upon the earth. ] that is , they were ready enough, all of them, to imploy their power, to the utmoft , for the evil caufe , to eftablish errour and a falfe ways but they ufed no Yaloiirfortheopprefled caufe Power in Reformation. 193 raufe and truth of God , they did not their utmoft to have Truth eftablished , and the true Religion : They did not put out themfelyes , or make ufe of their ftrength J for the maintainance of truth, and equity in the land, lay the En- glish Annot. and they make it parallel with £fu 59:4. This was their guilt, and hereby we fee what was the duty even of privat perfons ( for of luch this is to be meaned , as the context clcareth, ) in fuch a general day of defeftion,z>/^.to be valient owners and maintainers ot Truth againft all oppof- ers. 6. Icy . 5 .• v. 1 . [Runjee to and fro throw the fine tt cf Icrufalem% dnd fee now and know , dr.d fce^ tn the broad places thereof ^ rfje can finde a man , if there be any that execute th judgment ? that feeketh the truths and I vtllp.irdontt.^ We can hardly think, that there were no mourners in fecret in all Urufalem , though it is like thev were very few: but there was none to ownc the good caufe , that was now troden under foot , none be- ftirnng themfelves , to oppofe and hinder the carryed ori eourie of defe&ion. If that had been , the Lord laves , he would have fpared the place ; which shewes , how de- firable a thing this was, and how acceptable it would have been in the Lords eyes , that for that caufe he would have forborne to have deftroyed them or to have cut then* off. 7. Ezjch. 11:30. [ And I fought for a man among them , that should mj^e uf the hedge , and ft and tn the gap before me , that I should not defiroy it , but [ found none. 1 There were fome C at this timefighing and mourning in fecret, for thefc ab- hominations , who were marked Cap. «,. but there were none to make up the hedge, which their provocations had nv. none to redrefTe the publick defection and Apoftafy , and Hand for the truth and the fuppreili- gof errour and iniquity. So is it laid to the charge of their Prophets cap. ij: 5. I they dtd not gee up into the gaps , neither made up the hedge , for the houfe of I fracl tofl.md tn the battel tn th day of the Lord , Whci e- by we fee, that by this [landing inthegape a^d making up the hedge, more is meaned then a fecret mourning, even a fcithfufand publick owneing of the truth and oppofch 194 Arg. from the Peoples Cap. IX. defection , and putting a ftope unto it , as Mofes did when he ftood in the breach, Exod. 32. (though with authority , as* Magiftrate , which private perfones have not ) he not onl> prayed and wreftled with the Lord x>« 11,11,13. but in great zeal took the calf e, which they had made, 3nd brunt it ir the fire? and ground it to powder, and If rawed it upon the watter , and made them to drink of it v. 20. It there had been any who thus effe&ually would have ftood in the breach , the Lord fayes , he would have fpared them: fo ac ceptable would fuch a work have been to him. 8. So that word /et\ 13:18. [ Say unto the lying and to tie Queen , humble 'your f elves fit dorvy.e^ for your prtnc/paltnes shall come downe , even the crowne of your glory. ] Will import fomethincr more ; it being fpoken to all indefinitely , giveth a war- rand to all, to deal with King and Queen , to prevent the fad dayes which were coming by reafon of thedefe&ion and a* bounding finnes. 9. So that word Hof. it i. [ Plead with your mother, fie ad, f:r she/s zot my wife , ] which is fpoken to private periones , andj l fo is a warrandto them, to contend in judgment [ as the I word doth import) againft the Church? which was cor- J^ rupted , and had forfaken the Lord, andhiswayes; andfo.^ to'ftand to the defence of truth, and to plead for the caufe E of God, againft their very Mother the Church , The body, u. of the Nation 5 that not only they might exoner their owne ^ conferences , but alfo get things reformed , fo far as lav in their po wer; and keep the memory of the caufe of God afrefh that it should not be buryed. Thefe places and the like, though we bring them not to prove immediatly our maine Queftron ( as it may be the Sur- vejcr , who ufeth to take but half a look of matters , will fup- pofe ) yet when duely confidered , in their juft latitude and extent , they will clearely evince ; That more is re- quired of private perfons , in a general day of defeftion,, then to keep themfelves free of the fame, or to mournein' fecret , or the like. And if we lay them together (I they will clearly prove it the duty of privat perfones , m\ ;u#h a day of defe&ion , to be publickly declaiming theii abhorencc It Power in Reformation. 1 9J abhorrence of the wicked courfes which are carryed on : to :>e a&ually and effectually interpofeing with King and Great >nes, that a Hope may be put unto thecourfeof wickednefie, tnd God's wrath averted : that they would plead Zions :aufe againft all oppofers , and thus ftand up in the ga?e , md makeup the hedge bypublick and avowed ownemg or :heopprefled truth and caufe of God: and valientlyfeekand dead tor the truth , and with their Mother the Church , when all is corrupted , left a bill of divorce be given her : And this is fomethmg more then our Smroeym will al- ow. And what way this shall help us , vve shall lee iftervvard. Now vve muft examine What the Sxrvejcr rayeth. He P4J.4*. after fome rambling after his wonted manner , Scmifrcprefentingof the thing wich was (aid in \a?hta!y, as my judicious reader willperceivcfo that we need not trouble )urfe!ves to difcover the fame unfaire dealing fo oft as vve neet with it, left vve should waifte paper and paine;, as le hath done , in repeating the fame things over and over a- jaine, ) He tells US That [Itss not to be doubted that Religion tthe chef inter eft , that men andchrtfttans should lo'\ after , and 'here it become? a legall right > and the Magistrate who hearts the word leads the way j no doubt pnvat perfones may f Mow in the violent le fence of it > againft all oppifeing the Magtftrate , the law , and wemfelves in ownemg of it . "] ,-infwer. This cold laodicean vill give Religion the beft word > but no more : He granr- th that it is the chief intereft that men and Chriftians should k>k after; and yet fo cautious is he in showing the ma; o w they should look after it, that in effect he doth poftnone unto many other lower concernments : For i. it mult be- jine a legal righr, ere they defend it. 2. And v rcomc a legal right , they cannot defend it unlefle the Ma- turate lead the wav. But whatif avirginehathnot a I ght unto her chiftity , by fuch a law as that \c2 ing wen the }. made, shall she not be allowed elame? And if she shall, shall not men be allowed to main- ine their Religion, though fome iniquous a:t of Pa kethc legal right of it away J Yes doubtlcfle if it b- N 2 196 Arg. from the Peoples Cap. IX. chief intereft. Againe , what if an unjuft aft take away a man's right to his heritage , shall he not be in cafe to defend it againlt robbers ? z> By his fecond caution it would ap- pear , that if an army of Turfa or Tartars were landing in Scotland to rcb us of our Religion , we might not refift , un- leflTe the Magiftrate did lead the way. But might we not in that cafe defend our lives and lands ? If he should deny it , I know few that will be of his opinion , and if he grant it , hemuft not account Religion the chief intereft. Againe, what if the Magiftrate shall permits Subjefts to defend their Lives and Libertyes againft invaders , though he should not lead the way i Will he allow it in that cafe ? Then he muft preferre thefe unto Religion ; for Religion , he fayes, muft muft not be defended > but when the Magiftrate leads the way : [ Neither ( lay es he ) can it enter into a Chnftun heart , that it it to he furrendred unto the arbitrement or pleafure of any power in jkc world , nor of any Magi fir ate over u*% The Sttrvcyer is this wicked perfon , who not only fuggefts , but upon the matter affirmes it, and avo wes it; forwhatisitelfe, then to furrender our Religion to the arbitrement of Magiftrates, to fay, that we maynotftand to the defence thereof, unlefle they will both authorized with their law > and alfo lead the way when any oppofe it ? That which we will not maintaine without the approbation and conduft of another , we wholly give up to the difpofeing and pleafure of that other. What he fayes concerning ouf pretent cafe , shall be confidered in end , once for all. Then Pag. 47. T Whatever may be fatd concerning private me«s repfi* $ng the powers that urge them to idolatry , orfalfe Worshtpe , or inva- ding their Itves , if they will not fo do, comes not home to tke pre fern cafz.j.'] Anfw. He would do well to fpeak plaine, and not look with a double face • Either he thinks it lawful, in this cafe to refift.or he thinks it unlawful j if he think it. unlawful to what purpoledothhe make mention of it , as a different cafe from1 what is prefently under debate ; And will not any fee that il he deny this to be lawful, our Religion is wholly given upl to the arbitrement of the Magiftrate? If hethink it lawful, | he muft then grant that Religion may be defended,even wher the Magiftrate who bears the fword > doth not lead the way and Power in Reformation. 1 97 I *nd why then it should not come home to our prefent cafe , I , do not fee; for he doth not lay the ftrefle of his anfvvers on the inconfiderablenefle of the ground of the refiftence , ( fhough here and there He hint at that) but uponrheunlawfulnefleof refitting the Magiftrate , who beares rhe fvvord : Now this ground faileth him here. But he ads [ ret Laclantius wordy Lib. 5 . c . 20 . tstobe wellremembered by all private performs , Defendendj eft Reltgio aprtvatts omnibus , non cccidendo , Jed mortendo^ Anfw. Then according to Laclantius it muft be unlawful to defend Religion, even when the Magiftrat urgeth to idolatry, in- vading lives if they will not do it: yea if this be generally received as a truth, The People of Scotland might not de- fend their Religion againft an army o( Pagans Turkj or Tartars', if the Soveraigne should not concurre : Which I know not who would arfent unto. But he will come off with a few notes ^.47. EJc That whereas Naphtalt laid 7 hat to be violentedtn Religion [which car/not be without an unjufl force , etther on mens persons , or on their gwds) is the mofl wicked and mfu^p or table of all injuries He thinks fucha word should have been better guarded , leji all coacltve power of the magi f rate in matters of Religion , might fern to be di fawned , which would favoure fuih , as are for abfolute toleration, hut what \ needed this ? Could he think that the author of A'^/j/t>did .imagine, Thattobeviolented in any Religion whether true rorfalfe, wasfuch an infupportable injury ? Orthatit was ! his minde to plead for an univerfal toleration \ What ground ( had he for fo thinking ? Sure that had been prejudicalto his (hypothefis, which this Surve-^er himfelf will notcallafalfe I Religion : willitnotfu&cetoiay, hemeanedaviolentingin , the true Religion ? [\o ( fayes he) frwh.it declary will notpte- , tend , that he is vtMnted for the true Reisgrov > wl.iih he will avow is jo , deciding to hu confcitnce , -- and it is this man /principle , that every man in his difcretive judgment, is ;uJge of the jupice or in juftice of his owne fujjersngs > and accordingly muft deer mint a nent htsre/iftenceto the violence] Anfv. 1. Tncnic icim^hhis gaairdingof it, in his owne words , fo; trtu>touf§ violence upon any in their pcrfons orgo.ds, to bung 1, p ■ crnsL falfe Religion^ of to drive then from the true (cthawife Rci^iow cannot 198 Arg. from the Peoples Cap. IX. cannot he violent ed) is the greatest of injuries] Is not fuflkient CO falve theMagiftrates co active power in matters of Religion; for notwithstanding of what he fayes, the pleaders for uni- verfal toleration have the fame door open they had. 2. If he will deny this difcretive judgment in matters of fufferings, he mull deny it alfo in matters of a&ing j for if no man mull judge, whether the violence offered him bejuft or unjuft* why should a man judge , whether the jcommands en joy ned him be lawful or unlawful > And fo , as he may not fo judge of the violence offered him in the matters of Religion, as to repel unjuft violence with violence , neither muft he Judge of the lawfulneiTe of the commands concerning Religion , ib as to refufe obedience to unjuft commands: And then it will follow, that fubje&s muft yeeld blinde obedience to all the commands of the Magiftrate in matters of Religion , and never queftion any of them : This , I grant , is not to plead for abiolute toleration, but it is clearly to plead for abiblute tyranny over confciences , fit to be heard and received by A- theifts, but by none elfe. 3. We know the moll lawful thing may be abufed, and he dar not fay that everyone who pleads for a lawful thing , pleads alfo for the abufe of it. He who fayes a man muft not change his true Religion , at the command of the Magiftrate, doth not fay that a man muft notchangethat Religion, which he thinketh inhisconfci- enceisthe true Religion , and is not, at the command of the Magiftrate : So he who fayeth a people may 'defend their true Religion , when the Magiftrate is violenting them in it, Sayethnot that every Sectarian company may defend that Religion , which they take to be true , and is not , when the Magiftrate is violenting them in it. We fay not that an erring confcience obligeth? or that a man*s thinking that he is injured in the true Religion, is fuflkient ground to engage him in violent refiftence. And he himfelf dar not fay, the Religion as reformed in doftrine, worshipe, difcipline, and government t which the late defenders owned) isafalfe Religion : Nor dar he fay , that the corruptions which they cppofed, were the only true and neceffary Religion. He feems to chant fome other thing here and there , in this part of Power in Reformation, 1 99 of his pamphlet^but we look for more in the following parts, where we shall have his minde more fully. Sure the Reli- gknth§y owned, and we ftand for, was the Religionh^ hirrJelf once owned, and all the Magiilrates , Supreme and inieiouriealed and approved, with their oathes and fubferip- tioni : And the corruptions they and we oppofe, were once by himfelf, and all ranks of people of the land , abjured oftmr then once So that all this is but to raife dull in peoples eyes, to the end they may miftake the way lAgatr.e (j 'ayes he) decs rot this man f lamely frofefie to ft/r uf all , with whom he can pie- vasle, to violente others t M agt ft rates , Qhnrc>:*men^ feu fie and all , m the matter cf their fro fe/Jion 2 ] Anfw . Their profeifion is man.feftand profeiTed perjury ; for they liave renuncedthe reformed Religion which they once owned, and avo with hands lifted up to the Moil High , and their extant fub- fcriptions beare witnelTe againll them ; and all the congrega- tions and publick meetings , in which this Religion was owned, are witnefles above all exception. And they have with the dog licked up their vomice , which once they fpewedout with an oath of abjuration. 2. But wh. are they violented ? Do they that ftand to the defence of their Religion, and labour or endeavour to have corrup- tions formerly abjured , purged out, incurrethe crime of violenting others t Yes for ( fayeshe ) even prtvatenen are fttrred by bloody exhortations , t jbnevergcd on , and funtsh all Magistrates and others , whofe blood they thtrft fory Itcanfeoj . net being of their way , whuh they call Religion. ) Answer. This s but one of many of his bloody aflertions , favouring neither 3f Chriftianity , norprudence, burmuch of cruelty an, 2n..y: and we fee his teeth, and his tongue both ; Bur of the innocent hcareth andfeeth. 2> Did not ; enured wretch and his fraternity call this wav, Religion, pd die true Reformed Religion , when they fwore t. unts, & will he now come &fpeak thus: O but he mud brazen face Scan obdurcd conic ience \ Ay bu J 1 ward, Pag. 48. that [ uhcthr truth lye on cttr fde cf is y as to the foynts of C hurch government ii t\ e que sit >. , and tf ie 'ill ntt fidmtt publicize was And author tin: to k yityti in that N 4 xoo Arg. from the Peoples Cap. IX *er , far Uffe have they reafon to admit of privat per (ones. ] An w. i. lc feemeth it ispaft queftion with him , that the vonite ^vhich he hath licked up, is themoft fatning morfel , :hat cverhegote:, but themoft fatning food is not alwayesthc moft wholeiome : And I fear this shall prove fo to him, if he repent not , when for it, the wrath of God and the loig & broad curfe shall enter into his dwelling place, and into his very foul. 2. We are content the ffrefle of the bufiiefie lie upon that queftion , and shall be glade to hear what fpi- rits his new food hath put into him > to maintainethat :on- demned and abjured caufe* 3 . We look not upon our publick powers and authorities as Judges competent in that matter > nor did they judge , as Judges should have done , when :hey fet up that abhomination \ but as men mad on their idols > fo didtheyrun, topleafe, heknoweth* whom. 4. This is the very thing which Papifts fay anent the judge of controversies, fave that he puts the civil Magistrate , in place of the Pcpe^. 5. This controverfy is not tote judged till now , and privat perfones may be fufficient judges of what was fworneand fub- icribed by King, and all rankes of People, aud mufthave more folide grounds and motives to induce then to renunce what they have been fully perfwaded was truth , and have owned as fuch , under the paine of damnation , by their fo- lemne Oathes and vovves -y then the meer will and command of a Creature , as obnoxious to errour & miftakes as another . And as for what he hath a minde to fay upon that head , it is now a little too too late, unlefle he be able to do, what never one before hath done, t//£. prove that forme of go- vernment , the only neceflary government , Jure Drvtm , perpetually binding all, in all ages: but the vulgar will have a fufficient antidote againftaU, which he can fay, by feeing & hearing , what they have feen and heard thefe yeers bygone , both when this abhomination was but about to be intro* duced, andfinceit hathgoteup to itspinaclc, though not thing should be faid, of the abhominable & fcandalous car- riage of fuch as have imbraced that Antichriftian courfe^atrue &iftoncal relation of yvhich Yyould make the eares of all true Chriftians to tingle. Power in Reformation. 20 1 His 1 . note is upon the probMe capacity which Kapbtaly fpoke :>f : this brings to his mmde Bellarmtns excuse vby the anctcnt Zhnfttans to^not armes again ft Nero, becatife they wanted temporal (trengtb. But might not that excufe be good in itfelf though heilarmme made ule of it I I fuppofe upon fecond fearch , it will be found , that they had notfuch a capacity , as he, it may be , fuppofeth : But of this afterward. 1 1 brings to his minde alfo whatcr*/**/ thejefuite faidagainft thetdici of j£. tUzAbeth. But all this is nothing to the purpofe, for neither we , nor Xapktaly joyne with the lcfuttes K whatever he fay ) as to the depofeing and throwing downe of Princes > and all Magiftrates > and punishing them by private hands. But if he think this condition, in private perfons refifting of Violence , le fait teal , viz. if they hem a probable capacity U do it. He mull give us leave to fay, It is very rational, and he is more then brutish to think other wife : For will he fay > that itisanindifpenfableduty, for Ten private perfones, though they had their Magiftrates with them , to go and refiftan army of Ten Thoufand, unlefTethey have an extraordinary particular & peremptory cal of Godr> Sure then he but shewes his folly to carpe at fuch tilings as thefe , let him read , Lukj 14:31. Nextletusfee what he hath Tag* 84. gf. %6. Wherehe fayeth 1, f,,That albeit it be God's holy will , that in jj erections of civil government, his Truth, fincere worshipe » and glory in thefe, should be mainly minded and intended b by men, and it is mens duty fo to do ; yet it is clear that in » many places de faclo it is not fo \ although men in the ge- neral profefle aiming at Truth, and right worshipe, jt there are aberrations in the particular.] Anfv. 1 .This is very true , and not only do we fee that it is fo de facto-, but alfo that where confeience hath been made of mindeine Gods truth, fincere worshipe, and glory, and thefe fo t wilted in , and in- terwoven with the constitution of the civil government, that they became to the lubjcft, a piece of their National patri- mony, fecured by all meanes imaginable, not only thefe nc- cefTary things are not minded , but they arc fought to be over- turned and deftroyed. x. Since he grants that 11 is men's N f Ar. 20x Arg. from the Poeples. Cap IX. duty fo to do, how can he condemne what the honeft Par- liaments of Scotland did , and what the King confentcd to , and owned i Was that any thing elfe but to eftablnh and fe - cure the reformed Religion in Doftrine , worshipe , difci- pline and government, for the glory of God? and the good of the nations ? Nexthefayes , [„ Albq.it therebeihthepoynt of truth, ,3 and the worshipeof God , a notable perverfion andfwerv- 3, ing , 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 Re- 3> ligion be not minded , as it ought to be , God will not 3, have the Commomvealths , where juftice between Man 33 and Man is maintained > for his glory, caftenloofe; nor ,, have men think themfelves loofed from obligation to the 33 government -for neither muft they be heard, who hold ,3 that civil dominion is founded on grace , nor they who fay, „ That infidel , heretical , or excommunicate Magiftrates 33 fall from their power, or that the fubje&s obligation to 3)themceafeth.] 4nfr. i. Yet where the maintainance of Truth, and of the right vvorshipe is a fundamental pillar of theconftitution, andamaine article of the com paft betwixt Magiftrates and fubje&s, a failing here is a loofingof the government , and of the Subjects obligation , it not in whole, yet in fo far ; i . A pleading for the obfervation of the compaft and maintainance of the Truth and Worshipeof God,conformeto fworne compa&s , is no breaking of the obligation, but rather a way to have it ftrengtherifed and made morefirme : Much leife can they be charged with this , who plead only' for a liberty of defence of the fame Truth ?nd Worshipe , againft manifeft injuries , contrary to Cove- nants, vowes and compacts. 3 . Such as refill the unjuft vio- lence of Magiftrates, do not therby loofe themfelves from the obligation to government , otherwife every woman who in defence of her chaftity refilled the prince , should 1 die as a Traitor, 4. We abhore both that opinion , that | dominion is founded on grace , and that other of the Papifts: vvq i( Power in ReforraatiofL 2ot jve ftand upon other grounds > as hath been , and may yet be, farder shewed. The fumme of what he faycs in the 4 place ( for what he hath laid in the 3 place is but fome conceilions, which are touched already ) is this [„ That to reforme in a publick 7>coactive way, by theufe of the vindicative and punitive ,,fword, belongeth alone to the Magilirate, fo thatper- „ fones of meer private capacity , cannot ufe that fword a- 33 gainft all Magiftrates , and their fellow fubjects, to violent 3, them in matters of Religion, or which theyaccountRe- j, ligion, and punish them for not being of their Religion . ] Anfw. It is but his groundlefie calumny, to lay that Njphtdly fayes all this, and lb it is nothing to thequeftioninhand , which is concerning privat peifonsmaintaineing their Reli- gion, and endeavouring to have corruptions rem ^ved, which may wel be , without the leaft incroachment upon the Ma- giftrates; andfincehefpeakesnottothis, he either declares himfelf unable to confute what we fay ; or he lovvle- ly prevaricates , to the palpable betraying of his owne caufe ; or both. Then he tells us further, f „ That the great miftake in all j, this matter is, That we think the Magiftrate &: People , „ are,as to their Covenant with God.debtors bound in a band 3, conjunctly and feverally, for onefum, fo that in the dcti- 55ciency of the one , the other muft pay all , and hath po 33 to diftrelTe the deficient whereas they binde, but 55 for their feveral moieties ofa%fum -— fothat if the People 35 reforme themfelvcs , and keep thcmfelves pure ho:. 3jhominations , the Magiftrates deficiency (which the; 33 lerat with grief ) shall not be imputed to them : Kecaufe >: God giveth them not a calling to intrude into the Migi- 33 ftrates office there lyes no obligation onthem ro 33 force the King , or their fellow fubjects to external nu 35 of Worship and Religion. ] *4*fr. This isthefumr: what he fpendcth many words about , but it mav be< anfwered. For 1. By this fmilc he will wrong giftrate: for as the People may not preflcthe Magiffa pay his moyety, how may He prefle the Subjects to pay their *o4 Arg. from the Peoples Cap. IX. their moyety i 2. If the Magiftrate break to God, and will notpay his moyety of the fumme, he cannot prefle the Subje&s to break alfo, 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 unjuft and illegall (for no law can vvarrand People to break their Covenant with God ) and may lawfully be refilled ; and this is enough for us. 5 . A better lawyer then he Althufiu* pol. cap. 18. n.i 8. tels us thatinthofe Religious Covenants, Magiftrates and People are bound conjun&ly and feverally , fo that the whole fummc may be required of either of the corxzwitafuntcoriei (fayes he) uttn fAtdum C$ in continent* ah unoquoque promtfjum peft poffit , tanquam a principal* f'eo. I. pan. de duob.reis [tip. 1 Chro. 3 3 . z I\tng. 24.4. Deut. 19. ) And hisreafon is , becaufeGod would not commit to one the care of his Church , and worshipe ; but to the whole People, whom their fervants King and Par- liaments do reprefent, which alfo he proveth from ler. 1 7: %o. and againe Num. 19. He tells us that one of the corfei muft anfwere for the other and partaketh of his guilt , if he do not oppofe and refill him as much as he can , and fo hinder him from breaking : Which he proveth from 1 Rjng. 14: 16. and Num.z$ : 14. He anfvvers Barclays , alledging the fame thing which this Smvey&t alledgeth faying , [ comedo Barclaio m du.biu rex pr omit tendt obfervari , ut unofolvente quod promt/it, al- ter Itbcretur , trgo quando Rex vel Populm ob delicl* fua at que fa- deris inititranjgrejjioncsy pan a a Deoeft ajfeftus, alter Itber abttur. Ver umh&c regula, uno corr'eo folvente, alteram liber art, except tone n* fatiturin caflt quonon infoltdum tS in totnm correus folvtt , fed pro parte, utthic, units ex corrcis poena* perfolvens , Deo non in foli- dum folvere potejl. Demde h&c regula nonprocedit in deliclis : In hi* erurn uterque correus delinquent & crimmts foctt puntuntur in foil- dumy neque unus panas luendo, aiterum Itber are poteH, 1 Sam. 1 1 ; yer* 17. EtdocentidUte ICC Demque pradtfta regula non proce- dat in cafu quando uterque correus fe in foltdnm cbligavit ad idem fadum, utttn hoc fcedereacctdit, z Chron. 1 5 : ver. 1 3 : ybide^ poena fubdttorum £J Regis loquitur , ut , I Sam. 12: ver. 7. 4. But now the queftion is what is the Peoples duty , in a day of defection ? He fayes it is only to keep themfelves pure Power in Reformation. 20 j pure from theabhominations , and reforme themfelves. But we have shewed above that the fcripture requireth more, evenfome aftive endeavour , tohavethe National Corrup- tions removed , though not to ufurpe the Magiftrates place, JButfayeshe [)5Thelate Covenant it felf, doth bind prrvare <„fcrfjm m their flaxes and callings ( which certanely are private, >, and to be managed by private means ) to endeavour refor- ,) mation , & doth not bind any number of private perfons to „ pull thefword out of the Magiftrate's hand , when the/ „ think he ufeth it othwjrwife then he should , and then :hey „ would have him ufe it - - if the Covenant be pailive of fuch „ commentaryes , as this man puts upon it , That whatever j, any private party accounts Reforma.ion, they may ufe the ,, vindictive punishing fvvord againft all , of all degrees , „that ftand in their way to advance the fame, we^ have „ little reafon to be in love with it 3 andjuft caufe tocaftit 5, by, till it be cleared of fuch corrupt gkfles [ Anfe^r. Ifeare the ^wz^jKr be fo out of love with it , and have focaft it by, that were it never fo cleared ( as it is cleare enough) he hath no minde to take it up againe and he beft kno wcth what it was that moved him to aft it off. But 2. is Xafh- /4/jfaidvvel, That claufeannexed cannotbe fo reftrift ive , as this Survtjer would have it; for Certanely it cannot bind up privat men's hands > from doing of thefe things , which otherwife were commanded them to dc. Now whethei this Covenant had been or not, more would have be .d of private perfons , in a time of great and univerial or a national defeftion> then at other times. Every man is bound accord- ing to his J>!ace andftution topreferve he Kings peribi authority . Now put the ufe that lome party or faftion should captivate him , This man will grannhatDrivate per- fones , without the conduct of inferiour Jvlagifik joyn together, if they be in a capacity to break thorow ii diments , & through the interprize, and labour his v indica- tion and delivery , and reftauration: Would he 1 condemne thefe men, as acting without their sphere, or as ufurpers : I fuppofe not : Let him then apply this to our cafe, andhewjlleafjy fee thepaialkl. Sou i* the duty of bur- %oG Arg. from the Peoples Cap* IX. burgeiTes in their places and ftations , to promove the good of the ibciety : Now fuppofe a fire kindle, and fuch as are appointed to overfee the quenching of fires either are ab- fent , or careleiTe, or half willing the Town should be burnt, shall private perlones hands be bound up from doing what they can, in whac order they may, to fave die Towne? shall they be accounted tranfgrefiburs, orUfurpers of the Ma- giftrat's place, though they should materially occupy his roome for that exigent? No certanely,they should rather beac* counccd faithful citizens, mindeful of their oath and promife. So when an army is engaged with theEnemy,iftheComman- ders should perfidioufiV betray their truft , and leave their fta- tion 5 or feek the deftruction of thearmy, in their ftation , Jt would be accounted no ufurpation , in any private perfons > .who could belt fill thefe roomes and places, for thefe exi- gents, to do what they could, for the faiftyof the army : Nor would this be thought contrare to their oath. When a Mafter of aShipe either through fotishneiTe , or vvicked- nefle, would run the ship againft the rock , any private Sea- man in that cafe of neceility , may , to fave his ovvne life and the lives of all who are' in the shipe , ,do the beft he can , to prevent deftru&ion , without any finful tranfgreifing the bounds of his calling. Whence we may iinderftand , that in cafes of extreame neceility , private per- fones may do more? then in ordinary cafes ; and yet not finfully goe beyond their places and callings: and though maternity , they, for that exigent, occupy the places of Supe- riors, who finfully, unfaithfully, andbafely, either neglect or betray their truft; yet they cannot be accounted Ufurpers : nor is it rational to fay, tha: fuch as plead for the lawfulnefle of this , do plead for the lawfulnefle of private perfons pull- ing the fllbrd out of the Ma^iftrate's hands , whenfoever they think he ufeth it other wife then he should , or when- foever he ufeth it other wife then they would have him Life it ; and ufeing the vindictive punishing fwordagainlt all Magi- ftrates and others , that ftand in their way By this alfo , we may fee what in jury he doth to x.tpktaly , when he draw- ethfixhconfequences from what hefaidP^g, 151. and there did Power in Reformation. 207 did shew by the ftmtU adduced , that fuch a thing vvastobe done only in extreame inevitable and urgent neceility. And what the snrvejer hath laid Vag. i\6. and 1 1 7. needeth no other anfvvere. This is not all, he muft harpe on this firing againe Pag. 703 . where he fayes [„ That it is to mine all order , to teach that yi the advancing Religion , not only acltbu* tUcitts but acinus ^fm:tratisy whichbeiong to the Magiftrate, maybemedled „ with by the people - extraordinary neceilities are more ca- ,, fily pleaded then juftified, as ground fuiTicient for fome . „ ons , whereto there is no extraordinary call] -^w/ir.Though this be futfciently anfwered before , yet we fay, 1 . That order is already ruined , when the Magiftrat deftroyeth what he should preferve , and fo croflcth his commiilion: and who teach that in fuch an extraordinary cafe, when God's order is violated and broken, and all in hazard to beoverturned , fucn things might be done , which needed not to be done > if God's order and appoyntment wereobferved , donottakc a way to ruine all order, but rather to preferve that , which order it felf isappoynted , asameane, to preferve. 2. Wc plead not for fuch formal imperate acts, in matters of Reli- gion, asduetoprivat perfones fas we have faid. ) Put for a power, according to the ability God puteth into their hands to hinder him from being dishonoured , tode their ovvne profeilion and Religion, to hinder an un:\ apoftafy , and to endeavour in their capacities , to have things righted, which are out of order. And vvhenp (ones are carrying themfelves thus, we deny that tru- riming out of their rank and calling ; nor can he 3. Will he fay that no actions can be fuiV.ciently jufUricdbe- caufe done in extraordinary neceilities and vvithoi;; ordinary call ? Then he shall condemne the C i which David made with the men of ifrael > which hhojada'r made betwixt the King & the Fee; l< told us that both theft were in extraordinary occ^f 1 he cannot show us any extraordinary call. Headdcth [,.If „ Ma^iftratcs be define::: perfoni arc fi ^dilcryrged, if they keep tlxn fclves pure > and do \ 2o8 Arg. from the Peoples Cap. I&| 5, pollibly they can , for ad vanceing Religion in their privat ca- 5, pacities and by their Elicit* ads - if a mans eyes be put out 5> his eares j or other fenfcs will goe as far to fupply that de- 3) feft , as may be; yet , cannot help the body by elicite a&s „ of feeing. So whatever length private perfons may goe , ,3 for the good of the body, they muft not goe toexercife 3, and exert formally, afts Magiftratical.] sinfr. All alongs w7e heare nothing but di&atings : This and this he fayes , and there is an end, a noble patron of a defperat caufe, and worthy of a^reat hire. But. i. The queftionftillabidethundif- cufled how far privat perfons capacity doth reach ; for that they muft do more then keep themfelves pure we have shew- ed* i If they may do what pollibly they can, foradvan- ceing Religion in their capacities , they may do more then he will have them doing ;for then they may defendReligion with the fword , and with violence hinder idolatry and fuperfti- tion , and what or that nature provocketh God to wrath. All this and more is within their capacity and pollibility , as he would eafily grant, if the Magiftrate would but counte- nance it, yea and though he should oppofe, fay we. But he will fay , thefe are not elicite acts. And will he grant noth- ing elfe to privat fub;efts but elicit acts ? Then he will not grant them liberty to difput for Religion, to exhort, rebuke and admonish &c. for thefe are not elicite a&s , more then difputing with the fword , and fo with his . rhilofophick diftin&ions , he would charme us into a perfeft acquicfcence with what Religion the King will enjoyne. 3. Eares and otherfenfes never fet up the eyes, and gave them power to fee for their good : But the People fet up the Magiftrates , and may do , when the Magiftrate layeth downe his fword , or avowedly betrayeth his truft , what they might have done before they made choice of him. 4. By this Stmile it would follow that the People cannot only not do the Magiftrate's imperM a&s , but not fo much as the Elicite afts which he may do, whichisfalfe. ^. Though they cannot exert or exer- cife Formally a&s Magiftratical , if they may do it Materially we feek no more. In end he tell us. „ That it is a danger ou ,>anddeftru&ivetenentto beheld forth to bebeleevedb1 „ Peopl< Power in Reformation. %c$ People [>,That in all cafes whether concerning Religion or „ Liberty , when they account the Magiftrate to pervert the ^government, that tiiey are £^^»«/ inlofar , evcnasifthey „hadnoKing, and that the royalty hath recurred to : „feives , and they may act and exercife it formally as if they ,, had no King at alljand this he tels us is the expreue doctrine of Lc x Rex Pag. .99.100. Now that all may fee v\ shamelefle and impudent man this is, and how little reafc have to give him credite, I shall recite the authors words. [„ Butbecaufe (ftjctb he) the Eftate e the ,j King power to corrupt Religion, and preffe afalfeandl idolatrous worshipe upon them ; Therefore when the „King defendeth not true Religion , but preifeth upon the >, People a falfe and Idolatrous Religion ( ,-/./* // feme other thmg y j then when they account the M agiflrate to pervert (5 c) in that they „are not under theKing,butare prefumed to have noKingc^- 3,»«*fofarre,& are prefumed to have power in th'emfelvc 3, if they had not appoynted anyKing at all — If an inco: I „tion accufed ofTreafon & in danger of the fentence of d » shall appoynt a lawyer to advocate their caufe, — 55 be ftricken with dumbnefle, becaufethey have lofed their 5. legal and reprefentative tongue, none can fay, ihar 5, incorporation hath lofed the tongues that nature hath 3, given them , fo as by natures law they may not plead in I „ owne juft and lawful defence , as if they had never ap- s, poynted the forcfaid lawyer to plead for them . 3, King — is made by God and the People King, for the 33 Church and People of God's fake , that he may dc 33 Religion, for the behove and falvation of all : If then „he defend not Religion — : (NB in his public k and ,; Royal way , It is prefumed as uhdenyable , 33 People of God who by the law of nature, arc * „ their owne foull , are to defend (NB] id I 33 Religion, which fo nearly concerneth them i ^eternal! happineffe.] Now let an gerous and defh naive a tenen: , belecve. But it is eafy for him who hath no sharat irertfentences which he cannot confine, and O ;croitt Sio Arg. from the Poeples. Cap IX. dangerous and deftruftive:and thus he will make the rabble oi the degenerate clergy and other fimple ones beleeve , that he hath confuted £f* Rex. And thus dealeth he with Naphtalj as we have shewed already. Having thus confidered all which the Surveyer hath here and there fpoken againft that which we have faid , let us now come to apply what hath been laid, unto our prelentpur- pofe , of vindicating the late aft of defence ; which, by what we have faid , we rinde cannot be juftly condemned as trea- fonable or rebellious , but rather approved and commended as loyall fervice to God and the Countrey. For i . Thereby they were profefijng their conftancy3in ad- hereing to the reformation of Religion in doftrine, worshipe Difcipline and Government, which was confonant to the word of God > and publickly received with all folemnities imaginable 5 notwithftanding of afts and lawesmadetothe contrary : and no true Chriftian will fay, That fub je&s should imbrace any Religion which Magiftrates will countenance and prefcribe > be what it will , or upon that account. 2. As they were thereby declareing their foul abhorrence of thefe corruptions , which were countenanced and autho- rized by finful a&s and ftatutes ; fo they were defending,to the utmoft of their power , the reformed Religion, according to their Covenant , and vow to God. And that fuch a defence as this , is lawful , we have shewed. 3 . They were defending themfelves againft intolerable and manifeftly unjuft violence , offered becaufe of their adhereing to thecaufe of God, and to the reformed Religion, which King, Parliament, and all rankes of People in the land, were fc[ iolemnely ftvorne to owne , and avow, all the dayes of their fc: lives, really, fincerely and conftantly , as they should an- L fwere to God , in the great day; no leiTe then they. 4. They were mindeing their Oath and Covenant made I with God, with hands lifted up , with folemneatteftations^ L and proteftations ; the Covenants which they did make and £, renew in the prefence of Almighty God, the Searcher of all \ hearts , with a true intention to pcrforme the fame. j. They Power in Reformation. 2 1 1 j. They were endeavouring in their places and ftations (according to the latitude allowed in times of iuch neceHitie > and in matters of fuch weight and moment ) A have the Church and Kingdorne purged of thefe abhominable and crying corruptions , and grievous abhominations , which provoke the Lord to wrath , againft the whole Church and Kingdorne. 6. They were defending the maine fundamental law and constitution of the Kingdorne , and that maine article of Agreement and Compact betwixt Soveraigne and Sub which all the members of the Nation, were no lefie bound * unto , then they. 7. They were joyning together, as detaftcing thatdete- liable indiflferency and neutrality abjured , to defend and alCft one another in the famecaufe of maintaining their reform- ed Religion , with their beft counfel , bodyes , meanes > and whole power > againft the old , inveterate 4nd Common enemie, that malignant fpirit and rage ; according to their Covenants. 8. They were repenting of their National fin, in com- plying (by their finfulfilence , & not giving open, faithful, and fare teftimony, when the Truth ofGod was openly and violently trode under foot ) with that dreadful courie of back- flideing , which was violently carryed on. They were calling for juftice , and valiently pleading for truth, fmfully and tv- rannically borne downeandopprefled. They were with zeal and courage valiently intei pofeing, & labouring to put a ftop x> the begun and far-carryed on defection , when I failing , and he whodepairted from evil made himielf a pi :hat God might pardon , and look in mercy on the la.id . They were endeavouring to itand in the gape andmaL :he hedge; and pleading with their Mother Church , or a nalignant faction in her, shamefullvdc £>m God* /vhen there was no other way or meaneto be followed , or .'(laved. When all thefe things are duely confidered and laid to aether, It will appeare to impartial anduabyaflcd] that thelate aft which is fo much condemned and c O 1 liofti 212 Arg. from the Peoples Cap. IX. againft , is not fohainous and unpardonable a crime * as this Suweyer and his wicked party would give it out to be : but was a noble arid laudable interprize , for the glory of God , the good of Religion , Church and Kingdome • befide that it was a moftneceflaryand unavoydable aft of (elf defence. Since the Scriptures formerly cited will allow more unto private perfons , then what this Surveyer reftricketh them unto, ( as we have shewed J in a time of defection: Then vvhen there was no other way left to do thefedutyes there required , and when with all ieveral other things did call a- loudtoamutual conjunction in armesfor defence of one an- other , and repelling of unjuft violence , andprofecuteing the holy and neceflary ends of the Covenants which they fvvore* no man in reafon canfuppofethatfueha work is repugnant to Scripture or right reafon , biit rather mod confonanf ta both. And though many do and will condemne the fame, even as to this interprize of Reformation, upon what grounds and motives themfelves beft know 3 yet Our worthy and Noble Reformer famous Mr l(nox if he were living this day > would be far from fpeaking after the language of fuch. For he in his appellation P.tg. n. &s. haththefe words [The ,jfecondis,thatthe punishing of fuch crimes, as are idolatry „blafphemy, & others that touch the Majefty of God, dotlt *> not Appertaine to the Kings and chief rulers only ; but alfo 35 to the whole body of the People 7 and to every member of 35 the fame? according to the vocation of every man, and 35 according to that portability and oceafion which God doth 35minifter 3 to revenge the injury done againft his glory 5 35 when that impiety is manifeftly knowne : And that doth iikufsi plainly fpeak Deut. 13: v. 12,155 rt4, 15, 16. in theft i> words , if in any of the cities &c. ■ plaine it is that 35 *fife/ fpeaketh not 3 nor giveth charge to Kings , Rulers 5, and judges only ; but hecommandeth the whole body o 3, the People 3 yea and every member ofthe fame 3 according 35 to their portability : And who dar be fo impudent 5 as t< „ denv this to be mod reafonable and juft; for, feingtha ^God had delivered#the whole body from bondage j andti »th Power in Reformation. 213 ,, the whole multitude had given his law ; and to the twelve „ Tribes had he fo diftribuced the inheritance of the land of £CV**u»'i that no family could complaine that it wasne- yj elected ; was not the People and every member addebtedi ,, to acknowledge , and confelTe the benefites of God { Yea, 3,had it not been the part of every man , tohaveftudv „ have keeped the poflcflion which he had received ? Which ^thingGoddid plainly pronunce they should not do, ex- „cept that in their hearts they didfanctify the Lord God ; %,that they embraced, and inviolably keeped his Religion „ eftablished ; and finally except, they did put away ini- „quity from amongft them, declareing themfelvcs earned „ Enemies to thefe abhominations , which God declared „himfelf lb vehemently to hate, that firft he commanded ,, the whole inhabitants of that Countrey to be deftroyed , 5jatxl all monuments of their idolatry to be broken do wnc. „ But infuch cafes Gods will is, thatall crea:: „ ftoup, cover their faces, and defift from reaibning , w 3, commandement is given to execute his judgement. Al- 3) beit I could adduce diverfecaufes offuch feverity ; yet will „ I fearch none other then the hgly ghoil hath ailigned ; firfti ,3 that all /fracl hearing of the judgement , should feai 33 commit the like abhomination ; and fccondly, That the 3, Lord might turne from the fury of his anger, might be ,, moved towards the People with inward ,,cyfulun:o them, & multiply them, according to his < „ made unto their Farhers : which reafons as they are 3,cient itiGoti's children to correct the murmuring i »ing flesh; lb ought they to-p 33 have laid? to declare h | that \\h: j» highly provoketh the wrarh of God again!) th * 35 htptainh doth fignify that I I 33 a few , Gods wrarh is kin Hed ag^inft 11 fuch pu *i [^c 3, broi rion , becaufe thtt it fc 1 xi4 Arg. from the Peoples Cap* IX. „ referved to any ufeof his People. I am not ignorant That » , this law was not put into execution , as God commanded • > >but what did thereof enfue and follow? Hiftories declare , >»viz. plague after plague till Ifrael and ludah were led into »> captivity, as the Books of the i(jngs do witnefle. The " confideration whereof makcth me more bold, To affirme ?5 that it is the duty of every man , who defireth to efcape the 3> plague and punishment of God > to declare himfelf Enemy v' to idolatry , not only in heart hateing the fame, butalfoin 53 external gelkire declareing , that he lamenteth, if he can "do no more, for fuch abhominations — — . ofthefepre- "mifes, Ifuppofe, it be evident, That the punishment of 5.3 idolatry, doth not appertaine to Kings only , but alfoto 5,3 the whole People > yea to every member of the fame , ac- j> cording to his poflibility; For, that is a thing moftal- *>furedthat no man can mourne lament and bewail for thefe ,, things , which he will not remove totheuttermoftof his », power. ] And a little thereafter [ And therefore I feare „ not to affirme that the Gentiles (I meane every City, Re- gime, Province or Nation , amongft the Gentiles, irnbia- 3> ceing Chr ift Jefiis and his true Religion ) be bound to the 3, fame league and Covenant, ' that God made with his People 5, ifrael when he promifed to root out the Nations before 3, them, in thefe words Ex to remove fuch enor- j3 mities from amongft them , as before they knew to be ,.,abhominable. Then* I fay, are they no lefle bound, to ,. purge their Dominions, Cities, and Countreyes , from n idolatry, then were the ifracltta, what time they received >, the pofTdfion of the Land of Canaan. And moreover , I » fay if any goe about to ereft and let up idolatry , or to teach 5> defe&ion from God5after that the verity hath been received „ and approved > that then not only the Magiftrates > to * whom the fvvord is committed, but alfo the People > are „ bound, by that oath 7 which they bave madetoGcd, to revenge Power in Ketormation. 215 „ revenge to the utmoft of their power , the injury done a- ,, gainft his Majefty.] So in his admomtton to the Commonalty of Scotland fag. 3 6. [„ Neither would I that you should efteem 3, the reformation and care of Religion leflc to appertaiae to 3,you, becaufeyee are not Kings, Judges, Nobles, norin » authority. Beloved brethren , you are God's Creatures „ created and formed tohisowne image and fimilitude, for „whofe redemption, was shed the moft precious blood ,jofthe only beloved fone of God, to whom he hath com - 3)manded his gofpel and glade tydings to be preached, and ,, for whom he hath prepared the heavenly inheritance; fo ,>thatyee will not obftinatelyrefufe, and difdainfullycon- ,j temne the meanes , which he hath appoynted to obtaine the fame ■ for albeit God hath put and ordained diftin- »&ion betwixt King and Subjects; yet m the hope of the »life to come, he hath made all equal and therefore I „fay, that it doth nolefle appcrtaine to you, to beafllircd j, that your faith and Religion be grounded and eftablished ,jUpon the true and undoubted word ofGod,then to yourPrin- „ ces or Rulers ; for, as your bodyes cannot efcape corporal 5, death* if with your Princes, you eate or drink deadly poifon „ (although it be by ignorance or negligence; fo shallye „ not efcape the everlafting f if with them yee profefle a cor- ,>rupt Religion — -and this isthecaufe that lb oft Irepeate, „ and fo conftantly I affirme»that to you it doth no lefle appcr- „taine> then to your King or Princes to provide that cbnjl 3, hfus be truely preached among you 3 king without his true >, knowledge , you cannot attaine to falvation. J More to thi^ purpofe may be read there. o4 Cat. X. %\6 Arg. from the hazard Cap. X. Cap. X. Arguments taken from the hazard of becom- ing guilty of the (in of others , and of partaking of their Judgments* And from the duty of relieving the opprefled , #x. i T is not neceflary for our purpoie to dip much into tha^ queftion concerning Gods imputing of the fin of one unto others ; and therefore we shal shortly nint at fome few parti culars from Scripture , and after we have confidered what (his Surveyer fayeth, we shall apply them to our purpofe* That God doth punish fome , and that moft juftly, for the finnes of others, the Scripture doth abundantly verifier Not to infift on the inftances of his punishing of whole fa- milies, for the finnes of the Head of the family: asthefami-j jy of Pharaoh, Gen. n: v. 17. of AbnneUth, Gen. tow. 175 18. of Corah and his companions , Num. ic\v. 27, 32,33. of ^* chan 3 Iof 7: c.14, 25. of Jeroboam , I /<)*£• 14.-W. io> 11. & Cap.i>)'.i9* of-^Wj i/(/^.ii.'X'.ii,ii}i4. zl\tng.y.z>.%. O^Baasha, iKjng. 1^:^,4. olfekoram, iCkron. 21: 14. Nor on the inftances of his punishing of Servants for the finnes of their Matters , or the Children and Pofterity for the finnes of their Parents, as in the 2 Command, where he threatrietH (o vifite the iniquities of the Fathers upon the Children, imto the 3 and 4 generation. So alfo tevit. 16: vet. 38,33?, jDeut.iSw. 18, 52, 45,46. So the Children of fuch as were drowned in the flood , Gen. 6, & 7. The pofterity of Canaan , £7t».5>:z/.i ^2^26,17. The children of the Egypttans, Exod.u: v. 5, 6- of the ifrael/tes , Num. 14: 2/. 33. Pjal. 106: v. 27. of Baihnnln&^hrram, Nam. 16. ohheCanaawfes. Deut.*,)($ Cap. 20. of the Amalekires) 1 Sam. 15. of Saul > 1 Sam. 21. qfGehdfiej 2 Xixg. f; ver. 27. of the Eabtlontans ? Efa/. 14J vet. ri, ii. otScmafa, Jer. 24^. 32. Hence true penitents acknowledg&are humbled for not only'their owne finnes,but the finnes of their Fathers, Ez/49. nan. s. JoMayesC^.21; v, ij?« CodlaycthHphtswtmity (or the punishiDWtof his ini- quity Of Partaking of others fin 5c Judgm. 2 1 7 quity, as it is in the margine) for his children. But to paflc thefc we finde moreover. 1 . That People have been punished for the finnes of their Pallors , or in hazard to be punished therefore. When A^- dab and Abthu had provoked the Lord with their ftrange fire , lAofies fpoke unto Aaron and to his other two Sones, and fayd , JLevit. io: v. 6. Vncouer not yur heads , neither rend jour (loathes, lepyoudte, ( N. 13. ) and lejl wrath come upon all the People. So that their fin would not only have brought wrath upon them felves , but alfo upon all the People. So the wickednefie of Hofhnj and Phtr.ehas was part of the caufe ofthatfaddifcomfiturcj that the People or J frail did meet with, i Sam. i: ver. n. comp: with Cap. 3: ver. 11. 2nd withOt/>. 4: ver. io, 11. SoEJai-W- ver, 27,18. becaufcthe Teachers had tranfgrefled againft the Lord. Ihaefiore was la- the finnes of her Prophets arc mentioned, and the iniquities of her Priefts. So AUcah. 3: ^- II, I ~. Because the Heads did judge fir reward , Mid the Priest dtd teach fior hire > and the Prophets did drome for money , 7 here fore Zton was to be plowed as a field and lertifialern to become heaps, and the mount a me of the hw[c > a* the htgh places cf tie fior- €tl . 2. That the finnes of a few have procured judgments un- to the whole multitude , or put them in hazard 1 he; t Geut.iy.v. 11, 17. the Apoftate city would kindle the rierce- incfie of God's anger againft the whole People: For it is laid , The Lord would not ttirne from the fierce neffe >f his anger , and \ shew them mercy and compajjion-, and multiply them, until it wen de- frayed , and all that w.J within ft. SoXurn.iS- for the finnc ofthefewho joyned with Baalpcor the anger of the Lout kindled againit the whole congregation . So when ' was fpeaking unto the two Tribes and rial I ♦> i?- hefayeth, ^lnd behold yc are r/ fin mi • — ft augment yet tie/nrce anger cfitie lad m \ fcr 'I ^Cl ***** ar.a ) from afiter him , he will j c r agdi • **fi 1 and ye shall destroy all this Pecflcj* onc H*Vfiny all Jiiael was troubled, and /•] 22 1^ 18. 0 } 1,1 8 Arg. from the hazard C a p. X. fay therommilfioners of the whole congregation > unto the I two Tribes and half, And tt will be . feing , yercbel to day agatnfl ty the Lord , that to morrow > be will be wroth , with the whole congregation i cfJfraeL And it was this which moved all the Tribes to goc a^ainft Benjamin , Judg. 20. 3. That the Subjects have fufferedfad and dreadful judg- ments for the finnes of their Rulers : As Mtcah 3 : 9>io, 11,12. formerly cited: Abimelectis fin, Gen. 10. was like to hazard himfelf? and all hisKingdome, ver. 7,9. For Pharaoh's re- futing to let Jfrael goe, not only he and his Princes , but his Subjects through all his coafts 3 didfmarte, £xod.6, and 7:0 %,. 10. So Saul's fin in feeking to deftroy theG/fo?c»//£/,brought on three yeers famine on the land in the dayes of David , 1 Sam. nw.i. So Da- vid's fin of numbering the people coft the lives of three fcore and Ten thoufand , iSam. 14:1/. 1,2,, 15. s chron. 21: i,i, I4# So the Lord threatned by the Prophet, 1 King. 14: ^r. i6. that for the fins of Jeroboam , who did fin , and who made 'Jfrael to fin , he would give up Jfrael. And for Ahab's fin of letting Benhadad goe , the Man of God told Ahab, iKjng.10: oer. 42. Becaufe thou has! let goe out of thy hand a man whom 1 ap- foynted to utter dcslruclton , therefore thy life shall gee for his life*, and thy People for his People^. So for ManaJJeh's fin , ler, 1 5 : ver. 4. The Lord fiyes / wtll can fe them to be removed into all l(jng domes of the Earth , bee at* ft ofManaffeh the fon offJezjekjah l(jng of Ittdahfor (hat which he did in Ierufalem. So it is alfo fpoken > 2 I I 2, 13 ♦ Becaufe Manafieh JQng ofludah hath done the fe abhomtnattons -- therefore th ft* fayeth the Lord God of Jfrael i beheld I am bringing fuch evil upon Ierufalem andludah that who fever heareth oft: > both his cares shall angle , ($c. And notwithstanding of the reformation that was in the dayes of Jcfiah, Yet this judgement came to be accomplished , and theLord fent the bands of the Caldees and of the Syrians: fmely , ( fo it is faid , i King. 2,4: z/. 3 , 4. ) at the commandement of the Lord camt this upon ludah to remove them cut of his fight y for the finnes ofManaflth* according to all that he did , and alfo for the inno- cent blood that he shed , which theLord would not pardon. And - f\i'<7g- 13 > -<*• Though there was a great work of refor- mation Of Partaking of others fin & ]udgm. 2 1 9 nation done in the dayes of that non - fuch King (v. 15,) 'efiah , yetitisfayd notv/thftandtng the Lord turned not from the Gercenejje of hts great vrathy vkerevtth hts anger was kindled agatnH ludah , becanfeof all the provocations that Manajfth had provoked him-wtthall. Yea, fo did this fin of Manajjdt provoke the Lord againft the land > that howbeit Mdnaflch himfelr repent- ed, and found mercy , ichrcn. iy%-u.i%. and queftionlefle many of the People turned with him , yet thefe fame finnes of ManaJJehzre mainly taken notice of, as the procuring caufe of that rinal ftroke. Out of thefe particular thefe few things are very obvious to any. 1 1 . That People combined into a fociety have great cauie , not only to look to their owne carriage, but alio unto the car- riage of others ; Since the carriage of others will bring them in hazard of God's judgments , and haften downe venge- ance & wrath from God on all , fure they have need to look about them. 2. Efpecially, they have reafonto take notice of the pub- lick 'carriage and deportment of Princes andPaftors; Icing in a fpecial manner thofe highten the wrath &c haiten the judg- ments of God , as hath been shewed* 3. I f thefe finnes in Princes, Pallors and others were not committed, thofe plagues and judgments which are thre;:t- ned, and at length executed upon that account, wou!dhavc been prevented. 4. If People, confidering their hazard by reafon of thefe publick tranfgreflions , had actively beftirredthemlclves . &c interpofed, as that thefe ihiquities had not been committed, they had not fmarted fo for as they did, norhadthe\ the weight of the hand of Gods anger , a" they were n to do. f« It was not enough for them, to have teeped t' s free of thefe actual tranfgreflions, whereof o. really guilty: tor werinde Ion .d> for that imq pf others, which could not be laid to tin 6 Uo\9 axo Arg, from the hazard C a p. X, 6. How ever fuch as were fo punished, were not free olL inherent tranfgreffions , and other (innes, which defervec (I judgment at the hands of the Lord ; yet when the Spirit oi si che Lord ispleafed to make no mention of thefe , as the pro- i cureing caufe of thefe plagues, but feemeth to lay the whole jx or maine ftrefle of the bufinefle , upon that fin committed by others , we muft thinke that that hath had no fmall influence , but rather a maine caufality in the procureing of thefe pla- gues , and it becometh us to be fober in inquireing after other i caufes hid from us, and reft fatisfied with what the Spirit I of the Lord is pleafed particularly and evidently to poynt forth unto us, and pitch upon, as the peccant and procureing caufe. 7. Though we could not fkisfywrangling'wits, touch- ing the equity of this , ( which yet the common and ordinary practice of men , forfaulting a whole pofterity , for one mans tranfgreffion , will not fuffer us to account infolent) yet we ought to reft fatisfyed with what is clearly and unde- nyably held forth in the word, and beleeve that for thefe cauf- es , fuch and fuch plagues were infli&ed upon diftinft and different perfones , becaufe the fpirit of truth fayeth fo. 8. As all Scripture was given by the infpiration of God, and is profitable fordo&rine, for reproof, for correction , forinftru&ioninrighteoufnefle, that the jManof God, may be perfeft , thorowly furnished , unto all good works , 2T/W. 3:1/. \6, 17. So thefe particular paffages, fo particu- larly defcribed are written for our learning , Rom. 1 j : vet. 4. and are our examples , that we should not do as they did , 1 Car. io:v.6. and are written for our admonition, 1 Cor. 108 *oer. 1 u And therefore we muft not look (lightly upon them, but ponder then narrowly, as fo many documents given us for our ufe and inftruftion , and particularly , that we may rake warning t« prevent fuch evils. Now lee us hear what the Surveyer fayeth Pag. 5 1. He laves do wne two aflertions [ 1 .That no man is involved in divme judg- ments and punishments , for the finnet of others , (*sthc defervtag jaufe of hn punishment ) if he be noway ac$c]Jory tothefe finnes of ethi rs. z , Tbas no private Subject ts aaeffo ry to the fins of R tilers , net OfPartaking of others fin &]udgm. 2zi or involved tn the punishments of the fame , meetly upon the account Chit tolerating the fmnes , or not violent reft sling the Magtjirate in hw nfulcourfet.] Anfw. Not to enlairge on thele now , becaufc >f what he is to fay in explication of thefe , & we are then to peak, I would only at prefent enquire, i. What act ion had the army of lfrael which was deface by the Men of dt (aftroke, which made Jofua rent hiscloaths , and fall ipon his face to the Larth , until the even tyde , he and the riders of /frael, andputduft upon their heads ) unto the fin :>f Achan r And why doth the Spirit of the Lord fay , uf 7 - v. 1 . That the Children of I fuel had committed a trefoa/.c m flu :ur fed thing . And againe vcr. I c> 1 1 , 12. [And the Lordfatd into Ioftiii , Get thee up , vherefre lye si thou thus upon thy face': fjrael bathfinvedi and thej have alfo tranfgtejjed my Covenant - for they 'iave tal^n of the ac cur fed thing- and they have put it even a- mongsl their oxnc fluff. Tht re fort the C hiidren of lfrael could notfiand itcaufe they were aeturfed , neither w$U i be wtthyou any more 3 e \ )ee destroy the accurfedfrnm amongflyou. ] Though Wc can U I of no acceilion which they had, unto this particular b yet we fee the whole body is punished as guilty r and mud be legally purified, and fa net i tied , and purged from that con tagioii. i. What acceilion had all thele who iuffered u> thefe three yeers famine , which was in David's dayes , unto that bloody aft oisaul and his houfe , which was commuted many yeers before thouiands of thefe who flittered (fa fore knew the right hand from the left , or were borne pof- fibly i 1 . What acceilion had the children unborne to the third and fourth generation, unto thefinnesof th fathers i and yet the holy Lord thinks good to vifite their ini- quities on thcui. 4. What acedfion had the People unto D avals fin of numbering, the People? doth notDavtd him {ay> "L Sam. 14: ver. 17. l,ut theft sheep , wkxt i.ave they do But let us he3*e how he explained) this, | a ten tt n ( CiyeS he ) that Cod doth not properly pimtihany man I 1 reference to his onnc perfonal fihs {as the deft rvmg caufe of the pmm ttkment ) albeit he may and often tal{iihocta/i07t , tn hit wife ptovi d, >;u , to punt sh men for their ovnef/nnts , from thefnnei cf U (and tn thai cmy f fife , theymay be fatdtuhepnmihedf' m Arg. from the hazard Cap. X ethers. ) But every foul fujfers for his ownefin. Divine )uficefindin caufes of punishment , tn e*oery one that is punished , either their per * fonal acceffion to thefinnes of others (which is then ownefin) or elfefom If other finnes , for which he may tn jujlice tnfittt the punishment upo, i1 them , albeit the tmpul/ive caufe , or occafion rather , for punishing IV infuch a manner and time &c. be from the finnes of others. ] Ant i i . Though we defire to be wife unto ibbriety in this matter and not to meddle with matters beyond our reach , yetvvc think it faifer to ipeak in the language of the Holy Ghoft, ther: ti in the words of this Surveyer , who giveth us no Scripture tf for what he fayes. The exprelfions of Scripture hold fortbik fome thing more then a meer occafion.lt femeth ftrange tofay that Ahan's fin should have been only an occafion ofthat dil- comfiture: when the Spirit of the Lord fayes,that ifrael had fin red , and therefore could not f and before their Enemies , becaufe they •were accurfed , and that till this accurfed were taken from amongft them, he would not be with them any mere. 1. He would do vvdl to explaine to us , what he meaneth by a proper punishment , and what is the oppofite tearme thereunto ? 3 . \Ve grant divine juftice findeth deferving caufes of punishment in all5 in whom' d is original fin, butwefuppofe that when that is not men- tioned as the procureing caufe of fuch a ftroke,but the fin com mitted by another, we ought to look on that mainly? as hav-: inga procureing caufality in that affli&ion. 4. However, we fee he granteth one may be punished for the fin of another (or upon occafion of the fin of another, as he loveth to fpeak-) to which he hath no perfonal acceilion. 5 . If thefe finnes of others, were only the occafion of punishing in fuch a manner or time , how cometh it that the very punishment it felf is removed , upon the taking away of that fin , according to God's appoyntment, and God is pacified toward the wholer as he was with ifrael when Ahan was killed , and Seven of Saul's fones hanged up ? 6. But whether we take thefe finnes of others » as impulfive caufes , or occafions of fuch punish- ments : This is cleare. That , if thefe finnes had been pre- vented > thefe punishments had been prevented alfo: fothat if Saul had not gotten liberty to have flaine the Gtbeonites , in his bloody rage , contrare to oath and Covenant > thefe three yeers pf Partaking of others fin & Judgm. zzj eerd famine had not come : And if David had been hin- efed from numbering of the people » and had not gotten his frill, thefe Seventy thoufand had not died then as they did: indfeing no other caufe or occafion is rendered of this, it vould clearly warne all in a Community and Society to abour, byallmcanes, according to their power and places, 0 hinder the Committing (or removing when committed) )i theft finnes* which bring heavy plagues on theCcn lity. The Dutch. AunQt. on l Sam. 1 1: i. fay that fo fu . U the land v>as punished because at lead { as it oft hapnc th wdmt ht/ideredtt. Then Pag. 52. he cometh to explaine his other aflcrtion „ It is no lefie certane {[ayes he) to us that if the M jgiftrate 3 do not connive at the finnes of Subjetts> nor n , curb and punish them , the fins of the people shnil no way , be imputed to him [ht not bang thereunto accejfzry tn any 5 nor shall he be punished for their finnes > which in his place , and calling he is wreftling againft] Anfw. Yet we know , hat for the tranfgreilion of a land, many are the princes there*. )f Pro-u. s. z/.i. And that for a punishment to people, God -nay even cut the dayes of a good prince, and though hould grant, that it were no proper punishment unto the ;ood Prince, yet materially and in it felf it is aftrokc. But leaddeth. [„Alfoitis alike certane. That private perfon* , shall not have the finnes of Magiftrates, or of the body of ,the people imputed unto them, nor be punished tortho Jame. if fobe they honeflly endeavour to do all things .againft thele fins, which in their privat calling they are , buiindtodo.] Anfw. lc this granted , The main queftion vill be if people can be faid to have honcftly endear lo aii things againft thefe finnes , which in their privat calli rhey are bound to do, if having power to rommitting of thefe evills , or to remove r hem aftei they ire committed, yet they forbearc, and fuffer th obedone, and labour not to remove them. 1. , If they keep themfelves without any dt I hele Suk, or any way of acceffion tothem. if they mourn* 1 figh for evils that are donej if they bcearneft in d 1*4 Arg.irom the hazard Gap. X* 3, that God may convert others from their evil way > if the) 5, (as they can have opportunity) faithfully admonish and ftudy tc i ^reclaimethofe who are" out of the way, and do fuchlike.K 5> Chriftian dutyes. God will never enter in judgment with: to , , them for not doing violence to the authorityes that areabove % 5, them.] s/nfw, If the Surveyer would do no more then this3 he ought neither to be accounted a good Chriftian? nor a loyal fubjeS : For , if he faw the King about to cut his ovvne throat with a knife , or about to do as Saul did, fall upon his ownefword, or runingdoun a precipice to break his neck* would any think he had had done his duty, andexonered his conic icncc ; if he should not lead his hand unto that mifchief, northruft him doune the principice, butshould roare and cry Cod fave the Zjng , and admonish and ftudy , with faire words, to reclaime the King from that cruel deed? would any think but he might have done more , even if he had had ftrength enough have holden his hands , andkeepedhim back from breaking his neck , and yet never have been in any hazard of finfully touching the Lord:s anoynted, or doing violence to the authority that God had fet over him. 2. And if Kings may be-refifted , and with violence hindered from putting hands in themfelves, or from drinking a cup of poyfon , or doing fome fuch deed , which will or may prove deftru&ive to their life and pofterity , without doing violence to the authority appoynted of God j vvhymay they notalfo be hindered from doing that which will mine their fouls > and prove deftru&ive to their Kingdomes , and bring on the curfe and vengeance of God upon young and old, without doing any finful violence unto the authority ? And as in the former Cufe, a man could not but be guilty of the King's death , who knew that it was a cup of poyfon which he was to drink, and did not , having power to do it , hinder him from drink- ing it: So in this cafe, they that have power to hinder the JVlagiftrate from drinking poyfon , or doing what may be deadly to thoufands of his innocent fubjects , and bring downe the curfe of God upon him and his pofterity, and do it not, cannot but be guilty of that fin before God, andfd cannot expett' to be free of the punishment which God wilt v inflift Of Partaking of others fin & Judgm. 22; lflift becaufe of that fin , as not having done , even in their >rivate callings, what they were bound to do , -viz.- not ha v- ngufed their power for the glory ot God, the good of the Joveraigne and his pofterity , nor for the good oVthe Com- nonwealth , which they were bound to do. He tells us moreover concerning that inftance oiManaffeh, 'er. I 5: v. 4. [ That the People were fum*hed* becaufe they veit 'harers of the guilttnejfe ( n who yet were carryedaway captive, fuch as Daniel, HaKamah , Mishail, and A^f*** and others. 3. That there were many , yea the fargreateft part of the People who were guilty , of hainous finnes > when the final ftroke came, cannot bedenyed; but, that hey were at that famehight of wickednefle , which they were at, in Manafith's&dLyts is doubted, 4. We shall grant with calvm on the place* That Monarch alone was not in chat tranfgreilion , but had many of the People confenung ; 5fet, as Manaffeh himfelf was dead , long ere the ftroke came , b were they ; and yet for that fin of theirs , the pofterity fuffered : Yea even notwitftanding that there interveened a National repentance and mourning tor that National tin , and NationalReformation of thefe idolatrous courics,in the da odo/tah, 5. Thoughitbetrue that the People ar: cjayes , returned to their vomite, and had wickednefle enough oftheirowne, for which God might have punished them j yet it is very remarkable > how that fin oiMmafiA is parti- cularly mentioned, as ifthere had not been another, topro* cure that ftroke : and ceruncly all who read the places cited before, will eafilyobferve that there is fomething more in them, then an occafion taken to remember that dreadful time olManafjehy when the wickednefle began, as 1 1 . eth in the following words. 6. It was their in, I grant, that they didconfent: and that iaycth that tlu> should noc p am n6 Arg. from the hazard C a p. X have contented , but have refufed obedience unto the King's idolatrous mandacs, and have hindered in their places , and according to their power , the fetting up of thefeabhomina- tions, andshould have adhered to the truth and worship of God, as it was pra&ifed inthedayesof good heztkiah his Father* 7, He needs not fay , they were not exhorted to this violent refilling ; for it was but folly to fpeak of refill- cnce ? to thefe > who fo willingly walked after the comman- demenr, and would not dofomuchasdifobey. 8. That place of He feah {peaking ofEphratms willingly walking after the commandtnent5proves not what the people oiiudah's car- riage was in the dayes o£ManaJ[eh> albeit we grant the thing was too true of the greateftpart, even of them, then: Neither doth theplace , l«\ j ? v. 3 1 ". fpeak of the dayes ofManaflebi for Jeremiah was not then a Prophet • for he began to prophe- cy in the 13 yedxodofiab'y/er'.ii 1. Then he cometh , P*g-<;$. and giveth fome reafons : But firft we muft take notice how he wordeth the principle which he aceouneeth fo dangerous if it be once admitted ( fayes he) that the fins of Ruler s& Govermurs involve the People $njiny& make them obnoxious tc r judgment, (albeit they be not aueflbry thereto direflly 9nly they toletat what they cannot amend \abtdmg mthtn the bounds of their calling) neither can the consciences ofpeopie^wa the ft ate of the com* monrvealth have any true peace or quyetnejfe. ] Anf We might grant l him what he defireth, & acknowledge , that this principle is notfound: we do not fayfo, for we shall grant that(excepting the Lord's Soveraignity o£ doing as he did in the cafe oiAhan I & fuch like, ) that the Peaple who are come to age muft be di- . | re&lyor indirectly guitey of the fin of Rulers, in which they"! are involved. But fo they are guilty > when they tolerate : J what they might amend , abideing within the bounds of their '(falling. But here the difference betwixt him & us lyeth; That he tliinketh it is beyond the bounds of the calling of privtf e"$erfones, to hinder Princes from committing fuch ab* horhinations which would ruine them & their fubjefts both % which we deny , and we have not yet feen him prove it : yea ec( we have shewed the contrary above. But now we proceed II tohistworeafones. [Per 1 /{fayeshe)Qncegranr this the* vhat! k aeon Of Partaking of others fin & Judgm. 117 I continual fuzM should tender hearted Chrtjl tans he mt anent the tcltons of ti.etr Rulers and Magsfirates > and they behoved to meddle nth and examine ail thttr proceedings — matters of government tct probably or morally poffllefor them to know.] Anfw . We do not* neither need we extend that principle to all the private or per- fonal finnes of Magiftrates , or to fuch acts which are be the reach of the capacity of the vulgar, wherein their : cible ignorance , whether as to the jus or faclumy may ex them from any acceilion direft or indirect. If he will grant it to us, in finnes publick, hainous, and which Peopi welldifcerne both as to /*/ and factum, we defire no more: and if it be limited to thefe, we will gaine our poynt ( for cafe is as clear as the Sun) and tender confidences * ill be of all puzle or perplexity. What is his i. [;*':." ((ayes he^ be a perpetual Seminary of unauoydable fedttton of the Commonwealth , and of expofetng the Magistrate tj vtvicmn , mleffe vhen he ts acltng juftly , then when unjuffly.] Anfw. Then this oyal Subject, if he faw an houfe or a great milftone falling apon the King's head , he would not pull him from und ( eft others under pretence of that, should ufe violence to the Vlagiftrate , when he is in no hazard. Or if he law the King Hitting a cup of poifon to his head , or a Knife to his thn i te would not hinder him , left others! under that pretence lould hinder him from taking wholfome food, Sc foftarve urn ; or should under pretence of faring the King , put lands in his Majefty, and ftob him under the fift rib But . doth he not know, that the beft things may beabufed, nd will any, thar is wife, fay, thathepleadeth for :.. ufeofathing, who pleadeth only forks nil- 4. By this ime reafon, he might plead againft re;: ience unto the King in all hismoft finful comm.i lay not feditiousandunquyetfpiiits eaffl id that his Dmmandsareunjuft, and that ifrthev obey tl olved in fin and judgment, andiodifobey hnn t ecommandeth tnoft jail and neceflary things 1 r he be not ♦runiverfal obedience, let him an!' i*nce that cafe, and we shall make ufe of bis aofwerc m this ifc P * In 2i8 Arg. from the hazard Cap. X* In the next place he cometh to fpeak of thefe fcriptures, which he allaigeth Naphtaly doth abufe. The firft is fer. it: v. 15. If yet put mt to death yee shall fnrety bring innocent blood upon yourfclves , and upon this city , and upon the inhabitants there* of , concerning which two things ( he [ayes ) are to be re- marked. [ 1 . That Jeremiah ts freaking to the Princes and all the People , warning them not to meddle with his blood * The Princes th^t they should not unjufHy condemne htm , The People that they should not confent tOj nor co* operate with anunjufl fentcnce, as to the ex* ecution thereof ( as the manner of execution wasamongft that People j foning £$e. ) And 1 . He certifeth both that if they consented and co-cperated to hts death) they sh mid brixg innocent blood upon them" felves , and upon the City > and inhabitants thereof. He doth not at all incite the People to rife up and refcue him by violence out of the hands of Riders > if they should givefentence of death agatnfl him > {neither did ever any of the holy Prophets tnfligate People to ufe violent rej/flence ag*inft the/r perverfe Magistrates , nor did they ever reprove atreclly or indirectly that fin of nonviolent refinance to Magiftrats1 as fome excejjively bold do averr ) but only -warns "Princes and People both , that they be mt by confent and concurrence accejjbry to his death.] Anfw. i . Here is enough for us : For 1 . He granteth the people were not to confent to 3 nor co-operate with anunjuft fentence j but if they should have refufedtc have co-operated, thefentence had not been executed ; and ib Jeremiah had been really refcued from thefentence, anc dcaee of the Magiftrates - fo that there needed no other re< fiftence to have beenufed, innocent blood would not have >een shed, and this was fufficient. 2. He needed nott< have incited them furder unto a violent refcueing of him for though they should have given fentence of death again! him , yet if none would have executed it j he had been fuffi cieritly refcued. But what needed more incitation 5 then * tell that by shedding of his blood they should bring innocer blood upon the whole city , and upon the inhabitants there of. 3 . It was little wonder that the Prophets did not inft gate People to ufe violent refiftence unto perverfc Magi itrates, feing it was ufually fuch Prince fuch People, an the People as forward unto wickednefle as the Princes ? ar. Of Partaking of others fin & Judgm. 229 yetwefinde the duty of delivering the opprefled urged upon People conjunct with their Rulers : Becaufe both , in their places , should have concurred hereunto ', which fayes , that people,though they were not formally to execute Magiftrati- cal power, yet they were to concurre to have Juftice executed> and to have the opprefled delivered , out of the hands of op- preflburs. And thefe were judges as well as others, but more of this afterward . 4. This place doth abundantly cleare , That the shedding of innocent blood by Magi- ftrates bringeth judgement on the Subjects: for leremtah fayes , that if they should have killed him , they should have brought innocent blood not only on themfelves a who gave outthefentencc, and did execute it ; but on the whole city, and on the inhabitants thereof. To this he hath many words Pag.^. but little anfwere. Thefumme is this (for it were wearifome to tranferibe all his needleffe tautologies and re- petitions, which iftakenaway> his pamphlet of a ix? pages, might be reduced to 20) [Allwhovere defied behoved to beac- y.i.] Anfv. We grant God may and doth punish Princes pnd Parents, in their Subjects and Children ; and That thefe fame Sub/eels and Children fo punished , have no jult caufe to fay that then Fathers have eaten for. re grapes and that then fetonedgej as if there were no fin in themfelves. But that God may not vifite the iniquities of tl Children, who have not formally acted the co.ifented thereto , vvedarnot peremptory ai jnany clear fcriptures. 2- Sure this place : ►•hint (bmethingdfe, then that this fin. of shedding fmm ■ p j should 230 A*g. from the hazard. Cap. X. should be an occafion of God's vifiting the City, for their other finnes : Fcr he fayes you shall brmg $r>nocent blood upon this city: fo that by this Murther, they should have broughc innocent blood as well on the other inhabitants , as on them- felves , who were to be a&ors : the text maketh no diffe- rence. 3 . If the People here had done all which in their calling and ftation , they were capacitated to have done, for hindering of this sheding of blood , they would have hin- dered it effectually; and further violent refiflence was need- lefle. If a wicked Magiftrat should condemne an innocen? perfon, and make this his fentence, that he should not have the benefite of a lodging within the land , The People need do no more to refill the Magiflrat's unjuft fentence , but, notwithftanding thereof , receive the innocent into their houfe, and intertaine him friendly. And ftill we fey , the People were to do all that lay in their power, to hinder in- nocent blood to be shed , th:t fo innocent blood might not be laid to their charge : And in fo far as they came short in this > they made themfelves guilty byaccellion, notwiths- tanding of any thing he hath laid. The next place he fpeaketh to , is Dent. 1 3 . which we have already vindicated 5 and mull obferve this further , That in all his long anfwere he fpeaketh nothing to that which npvv vveare upon , -viz,, the hazard that People in fuch a cafe are into, both of fin, and of judgement, ifeffecluallcourfe be not taken to fupprefie idolatry , and apoftafy from God » and to put that crying evil away from amongftthem: For y. 1 7. it is clearly held forth , that //// this city and all which war vttkitt it , was tooted out: the Lord would not ti&ne from thefierceneffe cf hts anger , nor shew them mercy , nor have companion uf on them , net multiply them, as hefwore unto their Fathers. So that their not doing their ucmoft to execute this fentence of God , made them lyable to the conftant abideing of the fierce anger of God upon them , and clofed the door of Mercy and compaf- fion, fo that they could not expeel the bleifings prpmifed and Covenanted. ThenPrfg. ^p. hecomethtofpeakto/o/. itsver,i7y 18519 zndtells us That they vcre not pivat£ per Jones that tranfacled thai brfnefit Of Partaking of others fm& Judgm. 23 1 vfinefiewitb the Children of Reuben: for .the body of the Pevple con- urred with the Magtthates Supreame and Subordinate, ilhat makes ill this for the encroachment of meet private per font upon the ufe of the Magiftrates avenging fword < ] Anfw. It IS true the Magistrates 2nd major part of the People were here concurring ; but why doth he not take noticeof the words cited by Naphtaly [which clearly hold forth the end of his> adduceing that paflage ) Jfyee rebel to day agamftthe Usrd i4 to metro* he wtllhe wroth vuh the whole congregation of J frael j which do clearly hold forth, that the defection of a part ( though a minor part ) will bring wrath upon the whole Nation aud Society. And may not any fee hence ; That each are to concurre in their places and Rations, according to their power, to prevent this defe&ion , m to remove it , even when the major part is infected with it ; yea even though Magiftrates should be remifle, and should rather encourage then difcountenance fuch rebellion againft God l Seing the reafon holdeth afortton , for if upon the defection of a minor part> wrath will come upon the whole , much more will wrath come upon the defection of a major part, and of the Magillrates too : And therefore if in the former cafe, private perfons be bound to concurre with Magiftrates , for rooting out of that provoking fin of a few , then it cannot be unlawful for private perfones , in this later cafe? to do what they can , to ftirr up Magiftrates to their duty, if it be poilible , and to prevent their ownedeftructi on from that wrath of God, kindled againft all ; andtoremove the provokeing caufe of that anger : And , as we have faid , they may take an effectual courfe for this , without en- croaching upon the ufe of the Magiftrare's .avenging i word, orexercingany formall Magiftratical power. The next place he fpeaketh to , is ludg. to. where ifrael warreth againft Benjamin becaufe of a notorious crime acted there, and countenanced and defended by that whole Tribe, to the endthatfucha crying abhomination might be p.. out of the land. To which he anfwereth in short ^ to let paife his unchriftian jibes ) thus [ Though this was whtn there w.uno , J(jngtn ifrael , yet it tt lively they retained fame what of t :ttr San.e- \ drtn appcynred Deiit. ij. wheh m fuch a horrid cafe might draw P 4 together 232. Arg. from the hazard C a p. X, together in an extraordinary meeting : It was the body or major part* tfthe People, that uferh thefisord againft the leffer; which maketh noth- fl ingfor the minor parts ufingths fwordtopunish Magifirates &the ma- fc yor part of the People alf'o. ] Anfw. T hough I should grant that 1 i. they retained yet fomething of the Sanhedrin, yet in all 'i thispaflage, there is no mention made thereof \ butitisfaid »l z>. 1. That all the Children of ' f fiael went out > & the Congregation %\ was gathered together as ope Man , to Mtzjpeh^ and refol ved . 10 not to returne to their owne houfes, ver. 8. until thefe:i Children of Eehal in cibeah had been executed , and evil was i si put away from Jfrael, Cap. 13: tm. To fay that this fpeaks til not to our cafe , is but to wrangle; for fure if we should fup- pofe that Benjamin had been maintaining their integrity , and I lb the true worshipe of God , againft the generality of the ill People, who had turned idolaters, and had raifed war againft 1 dd them , becaufe they would not depart from their proleilion; in would he have condemnedthe minor part for ftanding to their ; a defence in this cafe ? Or if they should have joyned together in to have hindered the defe&ien of the major part , or remov- 1 ed the corruptious that were prevailing ; would he have con- | bk demned them < Sure this is not to improve Scripture a right, . i but rather to el tide it, for there is not theleaft shaddow, that i I the ftrefie of the matter is laid on this , that they were the 1 major part. if Finally he cometh to Acharisczizy Jof.7. and tdlsus, nc [ That there is nothing in tt , tojuflify private per fines rifing agatnfi it the Magistrates , and plurality of the people 3 to avert the judgments 01 of God j for *>hat was done to Achan was done by the Supreame Ma- {\ gtfirat Jofua, ] An feer. But Nap'aaly only maketh ufe of this » place , to shew that our reformers had great reafon tofeare \i and tremble 5 left the manifeft toleration of proud , cruel 1 1 flattering Prelats , and idolatrous Priefts 3 whofe wicked- » nefle and idolatry , had corrupted the whole land ; might * involve the whole Nation in deftroying indignation ; fince { the wrath of God for the hidden and Tecretfinof one poor t Achan fuddenly and fearfully overtook the whole People > . ^ and all the congregation of lfiaely fo that that man pcriihed not 4 aloBi tn his intqutty , Now can any body deny this confe- K quence* Of Partaking of others fin & Judgm. 233 jucnce ? But our turvejer layeth downe againe his peremp- oryaflertions without further proof, and we have fpokento hem already , and need not repeat things fo oft as he gives us xxafionf© to do 5 other wife we should follow this fool in his :olly. and weary the reader as he doth, in repeating almoft * hole pages verbatim , let any look and he shall hnde the *hole6i page, (except fome groundlefle jibes which do lot help his caufe ) nothing almoft but repetitions . We ihall thengoe on, and draw forth our arguments from what sfaid, to shew that the late act ought rather tobepraifed :hen condemned. For !♦ Thereby they were endeavouring, according to heir power and places, (as that exigent required; when ill doores were clofed from eflaying any other meane , not >nly to defend themfelves againft manifeft and intolerable in- ury and oppreifion , but to fave themfelves, their pofterity , nd the whole land ( fo far as lay in their power ) from the vrath and vengeance of God, and the dreadful plagues and adgments that were and are to be expedted , for the dreadful nd unparallelable apoftafy and defection of a corrupt mi- iftry. Did God threaten that Zton should be plowed as a "eld, and letufalem becomeasaheape, That J*c,b should »e given to the curfe, and Jfiael to reproaches, for the fi: f a corrupt miniftry ; and when our eyes did never I lore corrupt company , who have partly apoltatized from leir fwornejprofeilion , and partly are thruft in over flocks, 3 the ruineing of their fouls, the corrupting of theuuthes f God , and to be a ftandingoccafion of dreadful perfecu- ion unto them ; and when, for this caufe, nothing could r can be looked for, from the hands or a juftand jealous 3od, but wrath without remedy , and judgment after ji lent, till we become as plowed fields, and as heaps : C uehtthcfe to be blamed, who Handing to their (Wprnepro- rffion , were labouring in the integrity of their hearts , to urge the land of thefe plagues and locufts , that we wi\ ecomc a holy and pure Church unto the Lord , and that .ord might delight to dwell among us J aad ooke their lives in their hands , and eflayed that oc v. p y 134 Arg. from the hazard Cap. X, medy, feing there was no other meane left unto them, where- by to attaine this noble £ud. 2, When one Apoftat city nottaken courfe with , accord ing to the command of God, would provoke God to anger againft the whole aflembly of God's People , fo that till it was deftroyed, he would not have mercy or companion u- pon them ; was there not much more reafon to feare , that God's anger should burne againft Scotland his covenanted People , and that he should have no more mercy on us , fince there was fuch a dreadful defection in it , whereof not only one city , but many cities were in an eminent manner guilty , having fo foulely departed from their fvvorne truth and pro- feifion , and openly and avowedly revolted from God and his wayes , and fince there was no other way imaginable to prevent this heavy indignation of God ? Shall any condemnc thefe, who our of Zeal to God's Glory , and for the good of the poor land , whereof they were members , took their lives in their hands , and did what lay in their power, to have that corruption and apoftafy removed , and God reftorcd tc his honour , and the land to its Covenanted integrity ? 3. Since the backflideing anddefe&ion of a tew member; of a Society , joyned together in a Covenant to God as his People 3 brings wrath upon the whole • if timeous remedy be not ufed , as the forecited places shew : Shall any con* demne thefe who endeavoured according to their power , tc prevent the deftru&ion that was and is to be feared , forth< k defeftion not of a few , not of one poor Achan^ but of multi :. tudes , and that of all ranks and conditions \ 4# Did the people of ifraei got out as one man, topreven apoftafy, when they heard fome rumore thereof in a parto their number; and to take courfe with, and purge the Ian pf a crying evil that was committed in one of their cities : & who shall condemne thefe , who lately went out; with on heart and fpirit, to do what in them lay, to remove the fai carryed - on defection , and the dreadful evil of perjury aa many other hainous crimes, that did & yet do abound, where of Many of all rankes were guilty , even fuch as should hav been, by their publick places and ftations, eminently appea: in Of Partaking of others fin &Judgm. 13 f ig on the head of thefe worthyes , for the glory of God > ad the good ot the whole Church and Kingdome. 5 . Seing the publick tranfgreilions of Kings and Princes > lo hazard the whole Realme and Commonwealth , as the nftances formerly adduced do cleare ; How much reafoa iave People of all rankes , qualityes and conditions , to be ioing what lyeth in their power, either to prevent and hinder ;hat thefe iniquities be not committed > which prove de [Inactive unto the Land , or labour by all meanes to have thefti done away when committed , before the fierce angci ot the Lord break forth ? And fince it is notour and undenyable how our King and Nobles, and other judges have revolted from a fvvorne Covenant, Truth and ProfeHion , and openly and avowedly , renunced the intereft of Chrift ,andconfpired igainfthis truth and caufe; can any blame thefe worthies who endeavoured according to their power , to have thefe :rying abhominations remedyed , that the wrath of God should not confume us root and branch , and burne fo as it should not be quenched i What can be rcplyed to thefe reafons, is fuftkiendyan- fwered already :, and I would further propofethistob^ oufly confidered by all: let us put the cafe, That King and Princes should confpire together , to poy fon all the fountains of water in the Land, and lay downe a couife, how they should be keeped fo , and people should be forced to drink of rhefepoyibned waters; would not any rational man think, chat when no meanes elfe could prevaile, People plight fully with force, fee to their owne lives , andtotheli\. itheir little ones i And shall we be allowed to trie i fiftence , for the lives of our bodyes , and not alio for the lives of our ibuls^ shall people be allowed to rum & with force, when they can no other waves, keep the (brings of water cleare y for their ownc lives or healths, a: poftenty alio ; and shall they be condemned forruningto- igethcr to keep their Religion as it was reformed, I uncorrupted? Who but Atheifts will fay this? Ac put the cafe. That the Magiftrates of fomc were about to do , or had already done , fomepubfickr . f$6 Arg. from the duty Cap. X. bited aftion , which would fo irritate the Soveraigne or Prin ce> that he would come with an hudge army and cut off the city , man, wife and childe: would any in this cafe> condemne the private inhabitants of that Brough or City , if , when no other mean could be eflayed effectually to hinder the fame > they should with force, either hinder them from doing that ir-. ritating aftion , or if done , should endeavour to remedy the matter the beft way they coqld , for the good of the City, , to prevent its ruine and overthrow , and for their owne faifty, , and for the faifty of their pofterity? And why then shall, any condemne the late defenders, who, when the Magi-, ftrate , by their many finful and publick aftions , had pro voic- ed the King of Kings to anger and jealoufy againft the whole land, fothac in juftice they could expeft nothing but the wrath and vengence of God to root them out and their po«y fterity, laboured what they could , to have the wrath of the King of Kings pacified, and the wicked deeds provoking him remedied f Would the Soveraigne in the former cafe ac-j count thefe privat perfons traitours to their Magiftrates , and not rather more loyal Subj efts to him, then the Magiftrates themfelves > And shall we think that the King of Kings shall account the late aft > difloyalty to the King and Magistrates i and not rather commendable loyalty to him , and faithful fervice ? There is another argument much of the Nature with the preceeding , taken from the grounds of Chfiftian love and affeftion , whereby each is bound to preferve the life and welfare of another, as he would do his owne : and as each would have another helping him, in the day when he is un- juftly wronged andopprefTed,fo he should be willing to helpe others when it is in the power of his hand to doe it according to that royal law of Chrift's , Ad at. 7: vcr. i 1. Lu^. 0 : ver. 3 1 . Therefore all things whatsoever ye would that men should do to you , do ye even fo them , for this is the law and the prophets. It is un - naturall and unchriftian both, to fay ami my brother's peeper. Sure he who helps not his brother againft a murderer, when he may do it , is before God , guilty of the man's blood* .Mcroz, and the inhabitants thereof were to be curfed bitterly Of mutual afliftence. 237 utterly > becaufe they came not out to the help of the Lord ind his People , againft the mighty, fudg. j . Was not d*. >id helped thus againft the Tyranny and wickedneflfe of (ing Saul i And honeft Jonathan refcued from the hands f his bloody Father? Prov. 14: ver. n, and 11. jf rf,0fs wheat to deliver them that are draome unto death , a>id theft hat are ready to be flame : // them fajefl behold ne l&ev tt tot , doth not he that pondereth the heart con/ider'tt? And he that gepeth thy fo til I , doth not he tyow tt { And shall not he render 0 every man according to his rvcr^ Now the text maketh 10 difference whether they be drawne to death unjuftly by private perfons or by Magiftrates : They are (if they can \o it ) with force to refcue liich \ for fo the word imports as 1 Sam' io\ 18. 1 Kjng.it: I*. i Sam. 17: 35. H6f>y.i+. And this did famous Mr. Knox avow unto Luhingtoun , in us difcourfe with him > regiftrated in the htftoryef reforma- tion. Hence it is that leremtah Cap. 11:13. cryeth to the People as well as to the Kin&exeeure judgment and rsghtecufntjfc and deltver the fpotled out of the hand of the oppreff:ur : and though itbetrue, asc^/f/wontheplacefayeth, that this did chieSy belong to the judges and Magiftrates; Yet, when their proceeding in this courfe of oppreiling of the ftranger, the fatherlefTe and the widow > and of shedding innocent blood , would provoke God to execute what he tnreateneth with an oath , ver 5. And make that houfe a defolation, and prepare deftroyers againft it and the whole city ver. 7: %, and when all this is fpoken in the cares of the people, it would ftein to import , that even they should have flood in the way of fuch oppreilion ; and delivered the fpoiled out of the hands of theoppreflbur; & not have fuffered innocent blood to have been shed, efpecially when inferiour as wellasSupc- riour Magiftrates were oppreiling and tyrannizing , and were the only oppreflburs and wolves as we fee Ffa. rrir and. 3, 11,14,15. Aficha. 3'5>>io. £z,ech.n:i-. And many of the people conjoyned with them in the like, as encouraged by their praftice ver. 1$. fee furder for this jp. x : ver. 10, 17, \er. 5: ver. l>f>f« But fayes our Sur.e>er Ta£- J3« [^ hat fuch prophetical pr cachings usrtred t$ the body of flrrtert %)8 Arg. from the duty Cap. X Skiers and People , are to be understood as reproveing what was amtfj in every or.ey in their rtfpecltve calling y and as tnjoying fuch dutti gu might be done by every one , falva juftitia , falvo ordine , & pro modulo vocationis ~ but to fay that they minded to con demne in people , the grand fin of non-reft j tence totheopprefitng Ma giftratcs , or to incite private per (ones to pull thefword out of the Magt* ftratrs handy & relieve the opprejfed, £J execute judgment on the opprej fours , even Magiftrats [as Lex Rex doth fay Pag. 3 67 >) ts not onl a moft fearful perverting oftlie mo ft holy fcrtpture --but a doclrtne th* tends dtreclly to horrtd confufion £3 utter fubverfion of humane foacites Anf.yjz shall eafily grant,that in thofe fermons,every one \va: reproved for what was amide in his refpe&ive calling , and al were enjoyned to do, what might be done by them according to their places and callings , and without wronging of juftl ce : But wre averre , that it was the duty of privat perfones to hinder, fofaras lay in their power > the shedding of in nocent blood, the oppreifing of the innocent , and wronging the widow and fatherlefle. Jf a Magiftrate in a rage rue upon an innocent peffon going by, to kill him, It is the part of any private perfon that is next , to hinder the Ma- giftrate from committing manifeft murther , without breach of juiiice ,. order , or the extent of his calling : Becaufein that cafe he is not acting the part of ajudge. Soajudgeper- verting judgment, and manifeftlyoppi'elling the innocent, is no judge authorized of God for that y but a privat perfon j and may as juftly be withheld from murtheringor oppreiiing , as any other Man. 2. They might prefle them to relieve the opprefled though they did not incite them to pul th$ fvvord outof the Magiftrat's hand: vtz, by hindering, ac^ cording to their power , oppreifion to be committed ; and this might be without the leaft violence dofleto the Magt- ftrate's power and authority, as is shewed? .S^mightthey move them to execute judgment not formally but materially^ hindering juftice according to their power, or labouring to1 have the law executed according to God's word. 3. Lex i^tffpeaktthnofych thing in that place , asariy will fee vvhd read it. 4. It is but his ignorance to fay, that in this we fearfully pervert the holy fcripture. 5# How will he show thac Of mutual aiiiftence. 23 9 lat this do&rine tends to horrid confufion > He tels us P<*/. o. [ 7 hat fuib pretences -a- $11 not be var.ttng to the vorft of men , and te be ft Magtftrate , proceedtng mo ft legally, shall never have ft cur try W fedsnous partyes] Anfw. But fure his do&rine tendeth lore to confufion} for, by it every Magiftrat of the land ath power to kill and deftroy whom he will ; and thus /lagiftrates should be formally conftituted wolves* z . But ow oft will he put us to tell him , that the belt truth may be Wed? 3. But let him fpeak in earneft, what would he 0 if he favv his wife carryed away by fome drunken ofticers> ^fore a judge drunk as a beaft, fo as he could neither hear or fpeak fenfe , who yet without further procefle, would Dndemne her to be brunt as a witch , or executed as a harlot, 'ould he not labour , if he had power, to relieve his inno- mt wife out of the hands of thefe bloody oppreflburs ? phat would he then do with his pretences ? Would thefe ;ar his tender confeience i I fuppofe not. And what if he lw the King, without ground , or colour of reafon , poil'bly :>on a miftake , runing in a rage to kill his wife , or only fon> 'ouldhenot help the innocent in that cafe, and hold the ing with force ? Or would he only ailift them by prayers > God for them , by confolatory words , by giving counfel >them, orbyfupplications to the Magiftrate with all du- fiil refpc&s , and if nothing could avail, fit dovvne as lying difcha: ged his duty ; and would not refift more ? rvhichhethinkethis all which is required of private per- »nesP^. 4^0 If fo, many might think he were acccilbry > the death of his wife or childe , and fo poifibly mighc the ing,when he camefto himielf, and his rage was offhim, and ^convinced of his miftake. And if he would hinder in- Dcent blood to be shed (as rational people will cafily think * might how shall he falvc the matter, for the worftof en may refift the beft Magiftrate , proceeding moft legally, >on pretences, that the King is in a rage, he hath no shaddow f law or reafon for him , he is miftaken of the peribnes &c. .nd would he think, that in his cale , there wcit 2 nccdlary >nnexion betwixt refiftence and revenge? and it he should aye the upper hand in the matter of rciiftencc , could he not fit 2,40 Atg. from the duty Cap • X, fie down fatisfied* If he tould: then he may think that thefe two , may be feperated in exercife and pra&iee , ia other cafes, as well as in his ovvne> unleffe the fault be ort the Magiftrate's fide. Thus is anfwered alfo what he hath YagA9 . for it is but the fame thing which he hath in the place before confidered, He is tedious in his repetitions > and therefore we proceed to our arguments. And. 1 . If Humanity , Brotherly Affeftion , Chriftian Love. Tendernefle and Companion to a fuffering injured brother, call for help and releef at the hands of others, according to their power and capacities: Theri none can juftly blame or condemne the late rifers for endeavouring in their places , & according to their power> the releife of their opprefTed brethren , with violence , when no other meane was left feafible or pra&icable. Their Solemne covenants did engadge them to account each injury done unto any Co- venanter 3 upon that account , as done unto themfelves ; And| to vindicate and maintaine the libertyes of the Subjects, in all thefe things > which concerne their Gonfciences , Perfones and Eftates, and who can blame them for paying their vowe< unto God ? 2 . I f this fame duty was exprefty required of the people o\ God of old) that they should endeavour to relieve the op prefled) and to prevent the shedding of innocent blood 5, Then none can juftly blame thofe late valient vindicator of juftice, and relievers of t«he opprefled. But the for mer is true , as the places above cited do show. Thert fore &c. 3 . If their forebearing had made them guilty before Goc ,; of theoppreilionand bloodshed committed? vvhenitvva ,! in their power to help it : Then they could not forbeare t y do what they did? without fin. But the former is true. Tl: very Egyptians knew fo much by the light of nature ? when b their la w3fuch as did not relieve the opprefled, when it was i their power, were accufed upon their head; and if the were not able to help , they were bound to accufe the of preflbur, or elfe they were to be whipped>& to endure thr< dayes hunger. Ish; Of mutual afMence, 24 1 I shall clofc this chapter , as I did the former , with a teit*- flony of famous Mr. i\nox , that it may be feen to be no new loctrine of ours. In his admonition to the Commonalty >f Scotland he hath thefe words , neer the end , [„ Thefe ,vaineexcufes I fay , will nothing availeyou, in the pre - ., fence of God > who rcquireth no lefTe of the Sub;. „ then of their Rulers __ and if yee think that ye are inno- 0cent, becaufeyouarenot the chief aftors or fuch ink;; ,, ye are utterly deceived , for God doth not only punish the „ chiefe offenders i but with them, doth he condemne „theconfentersto fuch iniquity, and all are judged to con- sent, that knowing impiety committed givenotcltimony >, that the fame difpleafeth them. To (peak this matter more „ plaine : As your Princes and Rulers are criminal with vour ,, bishops, of all Idolatry committed, and of all the:: h cent blood that is shed, for the teftimony of Chrifts itrutb \ 3ndthat becaule they maintaine them in die:. \ ranny : So are yee (I meane fo many of you , as . k, no plaine confeilion to the contrary) criminal and guilty I with your Princes and Rulers, in the fame crimes ; be- ,5caufe you aifift and maintaine your princes in their blind »rage> and give no declaration that their tyranny difpleafeth >, you. This doctrine I know is ftrange to the blinde world, >, but the verity thereof hath been declared in all notable pu- b> nishments from the beginning \ vvhen the Original world » perished by water ; when Sodomc and Ckmonm Mnishedbyrire, and finally, when lerufdem was horribly ,>deftroyed , doth any think that all were aliL „ before the world? Evident it is, thatthi' : , if ;,they be judged according to their external facts \ forfome L were young and could not beoppreflburs , nor could dcrile Lthemfelves with unnatural 1 and beaftly lulls •, Some were ,, pitiful and gentle of nature , and did not thirlt for the blood >,of Chrift , and his Apoftles : but d;d anv bjgues and vengeance which did apprehend the multitude? bletthefcripture witnefle, and the hiftorksbeo ;5 which plainly do teftify'that by the \ ,5 earth at that time, did perish, A7#4*and his family Q^ „Truc 241 Arg. from the duty Cap. X. . ,, That none efcaped in Sodowe and in the other cities ad ja- ,> cent* except Lot and his two daughters •> And evident „itisthatin that famous city of lemfalem, in thatlaftand . horrible deftruftion , none efcaped God's vengeance , except *} fo many as before were difperfed. And whatis the caufe ^ of this feverity , feing that all were not alike offenders? let flesh ceafe to difput with God> and let all men by thefe 3> examples learne betimes to flee and avoyd thefocietyand. ] company of the proud contemners of God, if that they 3) lift not to be partakers of their plagues. The caufe is evident, if we can be fubjett , without grudging, to ?> God's judgments, which in themfclves are moft holy and ^juftj for in the original world none was found that either „ did refill tyranny 5 nor yet that earneftly reprehended the „fame. lnScdome was none found that did gain-ftand that „ furious and beaftly multitude that did compafleaboutand Mbe(iegethehoufeof £o/~ — — . and finally in lerufalem was, „ found none that ftudyed to repreffe the tyranny of the priefts ,, who were conjured againft Chrift and his Evangel : but 3, all fainted (I except ever fuch as gave witnefle with their ,, blood, or flying, that fuch impiety dilpleafed them) all: v keeped filence , by the which all approved iniquity, and 3>joyned hands with the Tyrants, and fo were arrayed and1 „fet* as it were, in one battel againft the almighty, and 5, againft his Son Chrift Jefus , for whofoever gathereth not „ with Chrift > intheday of hisharveft, is judged to fcatter, ,5 and therefore of one vengeance temporal, were they all „ partakers , - will God in this behalf hold you as in- „ nocents . be not deceived dear Brethren. God hath punish- ^ednotonly theproud tyrants , filthy perfcnes, and cruel ,,murtherers, but alio fuch as with them did draw the yoke 3, of iniquity, was it by flattering their offences , obeying ,, their unjuft commands, or in winking at their manifeft 3, iniquity* All fuch, I fay. God once punished , with 33 the chief offenders. Be ye alTured brethren , That as he is 3, immutable in nature, fo will he not pardon you in that M which he hath punished in others , and now the lefie , be-» ?| caufe he hath plainly admonished you of the dangers to, ^comc Of mutual afliftence. 243 come , and hath offered you his mercy, before lie poure forth his wrath and difpleafure upon thedifobedient.] So in his Ixhortation to England, > Pag. 107. £ „ No other aflurance will I require that your plagues are at hand, and that your , deftruttion approacheth , then that I shall underftand that yte do juftify your felves in this your former iniqui- ty: abiblve and flatter you who lift , God the Father, ,His ion Chrift Jefus, his holy Angels > the creat. ,fenfible and infenfible in heaven and earth, shall rile in |u ,ment and shall condemne you , if in time you repent not. ,Thecaufe why I wrape you all in idolatry , aiiinmui: , and all in one 3nd the lame iniquity,is, th3t none of you hath , done his du:y, none hath remembered h: , which was to have refilled to the uttermoft of your po .-. , that impiety at the beginning, but you have all follo\ , the wicked commandement, and all have confuted to , cruel murther; in fo far as in your eyes , your Brethren . , moftunjuftlyfuffered , and none opened his mouth to com- ,plaine of that injury, cruelty and Murther. I do ever , except fuch as either by their death, by abftainiog from j Idolatry , or by avoiding the realme for iniquity in the fame , committed, did give teltimony that luch an horrible falling „ from God didinwardly grieve them. But all the reft c „ from the higheft to the lowed , I feare no more to ac j of idolatry, of treafon committed againft God, and of , cruel Murthering of their brethren, then did Zechauas the fon of /ehojadah. iClron. 24/ ver. 10. icare to fay to the King, Princes and People of ludah. Why have yte tranfgrejjed uthe commd'/dtments of the Eternal God ? tt shall mot brojveroHJly „fitcceed unto yon , but even as ye have left the Lord, fo shall he LUaveyou] And, againe Pdgi09* |> But let his hoi „ blefled ordinances commanded by Jefus Chrift to his K be within the bounds fo (lire and eftablisfaed „ Prince King or Kmpcrour would interpriu ndifannul the fame , that he be the reputed enemy of God, „and therefore unworthy to reigne above his • ,, that the fame Man or Men th it g< 1 tftiue Religion once eftablished , and to atry 1^2 >,v 244 Arg. from the duty. Cap. X. „ which God detafteth, be adjudged to death, according to ,, God's commandement : The negligence of which part > 5)hath made you all ( thefe only excepted which before I „ have exprefled ) murtherers of your Brethren , denyers of ?,Chrift Jefus, and manifeft traitours to God's Soveraigne „ Majefty : Which horrible crimes if ye will avoydm time 3, comeing > then muft yee ( I meane the Princes Rulers and 7> People of the realme ) by folemne Covenant renew the , , oath betwixt God and you , in that forme and as a fa King ,,of/«^Kiid in the like cafe iC6™». if. ■ Thisisthy; „ duty,& this is the only remedy o England to ftay God's ven- geance > which thou haft long deferved , and shall not „efcape, if his Religion and Honour befubjeft to mutation t>and change > as oft as thy Rulers lift. ] The-readermay confider alio what he fayes to thisinhisdifcourfe withz/- ttngtottn > who was of this Surveyed s judgment , Biflory of Re- formation 3 Lib. 4. This is confonant likewife unto our confejfion of faith autho- rized by King lames and Parliament Anno 1567. Mk 14* where among good works of the 2 table» thefe are mentioned To honour Vather , Mother > Princes , Rulers , and Superiour pow- ers ; To love them 5 to fupport them , yea to obey their charge ( not re~ pugn'tng to the commandement of God ) to fave the lives of innocents , tcrepreffe tyranny , to defend the opprejfed , &c.~\ the Contrary whereof is [ Todifobey or reftH any that God hath placed in au- thority (while they pajjenot over the bounds of their office} to murthery or to confent thereunto , to bear hatred-) or to let innocent blood be shed if we may withjland it, ($c] Citeing in the Margine, £&dEi.ii.» 1,1,3,4. &i. where the bloody City is to be- judg- ed, becaufe she relieved not the oppreffed out of the hand of bloody Princes v. 6. And to what Ambrofe fayeth deojftc.Ltb. 1. c. 56. faying C]ui nan repellit a focw injur 1 am ft pctefl , tarn eft in vttio quam ilk qutfaut. i. e. he who doth not repel an injury from his brother when he may 3isas guilty as he who doth the injury And this he cleareth by Mofes his deed > del ending the Hebrew againft the Egyptian, Cap. XI M5 Cap XI. Of our qualified alledgiance to the King. Our Arguments hence. T1 He author of Naphtaly Pag. 177. faid [Tiia/ all powers arj fuhordtnate to the Mo$ high , and appointed and limited holy wtll and comman dement , fir hts owne glory , and the Peoples good \ and our allegiance was and flandeth perpetually and exprejly thns qualified , viz. in defence of Religion and Liberty , ac- cording to our fir si and fecond Covenants — all allegiance £J obedience to any created power whatsoever ( though in the ccnlhucl/on cf charity apparently indefinite, yet) in its onne nature is tndtfpenfilly rr< fincled . ] By which words, any , who will duely conlider the fcope which that author doth drive at, will fee, That his meaning was, That as obedience and allaigeance is to be given to Magiftrates only in the Lord , So the fame ought to be promifed.with this qualification or limitation, lb far j not contrary to Religion and Liberty of the Subject : &thus We all fwore to defend his Ma'icjliesperfjn and authority tn t> fervatiw and defence eft he true Religion , and Lrbertyes cfthe / domes; andkisplainetoall who will not shut their eves, that the forefaid author putteth no corrupt glofle upon that r fary claufe and qualification ; for while he is didtiadeing I taking of that bond, which w as urged upon the People or Edinburgh, he ufeth the words cited, &: furderaddeth >,To ,, renew the fame, or take any the like oath of allegiance pure- ly, andfimply, purpolely omitting the rormer and u ^ftri&ion, efpecially when the powers are in moft manitcit. „ & notorious rebellion againft the Lord & oppoiition to his 3,caufeand Covenant, is in effect, equivalent a ejecting and difowning of the fame limitation, andofthc ^Soveraigne prerogative ot the Great God andK ,, all, which is thereby referved; & as much 1 „ mes to alrirme, 7 hat whatever ab'ifid .turi),Tt:\ shdl commvtd or $}d]> either as to tie overturning nor obedience is to be given to any created fpover , but m defence cf Religion and Liberty ? As if Naphtaly had meaned,Thatnoaliedgiance, fidelity or obedience was due, or to be given to the created powers , but when and in fofar as, they did aftually owne, and contribute their ut- moft for the promoving or eftablishing of Religion and the Liberties of the People . Whileas his meaning is clearly ken to have been this, That as all powers are fubordinate un- to God the great King over all -> So all alledgiance , fidelity , or obedience is to be promifed and given unto them, with a referve of the allegiance , fidelity and obedience due to God the Higheft of all; and that man'sintereftisnottobe preferred unto God's , but alwayes acknowledged infubor- dination thereunto : So that when earthly powers are dated Enemies to Chrift and hisintereft, no abfolute allegiance, fidelity , or obedience is to be promifed , But alwayes with ^his reftri&ion , or limitation: Neither are the Subjects bound to concurre, or aflift them, while in iuchaftated courfe of oppofition to the King of King's, and while a&ively endeavouring to deftroy his great intereft in the world. But what fayes our Surveyer furder [That obedience is not to be given unto any creature on earth? agajnf Religion or the revealed will cf Cody sh.tll le eafilygt anted ; W ahhore the very thought offo doing. ] Anf. Though heabhore the very thought offo doing ; yet many will fay that he hath not abhorred to do it: It is againft God's exprefTe and revealed will to commit perjury, and re- nunce a Covenant fworne with hands lifted up to the moft high Allegiance to the King. 247 nigh God, and yet he knowes who is guilty of this. & maketh tie will of a creature theLaw of theConfcience, when theap- jendix is a full belly, [jgaine ( fayes he ) itskj.l not be fat J hat obedience is to be given to powers again ft the liberty competent to us ti ftebiecls , and c ok ft pent with Server at gntty ; yet p that the meaftsrt tf that liberty muft not be made by every mans prtvdte will , but by shedeclaratureofthe Parliament, reprefentatrveof the Subjects ywhici tefl knowes what thereunto belongs.] Anfw. This royal Hb man would feem toyeeldfomeching in favours of the liberty of the People, but with his annexed claufe and reftriftions , he takes all back againe : For i . fayes he , it mull be row- fflent with Soveratgnity , and how wide a mouth this So\ 'l nityhath, in his and his complices eftimation, manyk: and we have feen in part , even fo wide as that is shall i low up all thepeoples liberties; like one of Pharaohs leane kine that eates up the fat and yet is never the fatter. The it mult be determined by the Reprefentatives , as if the prefentatives were not ex officio bound and obliged to main- taine the Liberties of th~ People > which belong to the People? ere the Reprefentatives have a beings and as if it were in the power or the Rcprefentaftfves to fell and tx the Libertyes of the People ; or as if no more were compe- tent to the Sub;. ihen what they will : Hath a hum no more right to his lands aud heritages then what his advo- cate > who betrayeth histruft foralarger fummeof mrney , alloweth him or declareth i Wc know Parliaments can bafely betray their truft , and fell away the ! People , contrare to their vow and oath to God , and i obligation to the People, wh^fe trustees they should be, shall People have no more liberty competent to tlu what a perfidious companv confpired againft the good < Commonwealth, topleafureafinful C: - by their declarative? This is hard ment might fell them and their poftericy for bon.. bondwomen to the 7"«»-/» for ever. fon , for averting an infallibility , o: at in Parliaments , then in Princes. \. p> , • I ( nn only c'oedtencc but , ..' CL4 I 148 Arg. from the qualified Cap. XL created power ts tndifpenfably rcflrtflcd to this qualficaeton in defence »f Religion and liberty, v$z+ oftheSub'jecls> isamo[t falfeajjer^ tion. ] Anfw. He faid not rejlricled te this qualification y bu; thus qualified , and thus repri&ed. This mult be either igno« ranee > or worfe in thispamphleter, thus to wrong the au- thor. But , what was the authors meaning we have shewed. Let us hcare The pamphleting Prelate [// it k»o*m ( fayes he ) that a reftriclion excludes all other cafes vhtch are not in the reftnclive propo/itton included , &c. Anfv. All this is founded upon his either wilfull or ignorant miftake \ for the author took not the reftriftion, fo ( as wehavefeen ) as to exclude all fidelity or obedience , except in things tending immediatly and direftly unto the good of Religion and Li- berty of die Subject : But fo 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 o- bedience to be reftricted;or qualified-We deny not obedience, even when the aft of obedience3cannot beproperly & direftly faid to be either in defence of Religion or the liberty of the fubjeft : So that we crofle not what the minifters faid unto the doftors of Aberdeen : for we take not that claufe as exclufive , that is, that we shallnever defend his perfon and authority but when he is actually &aftively defending Religion Sc'Liber- tyes ; but only as a reftriftion or qualification, thus 3 that we shall defend his perfon & authority, fo far as may confift with Religion & Libertyes: And thus we agree alfo with the gene- ralaffembliei639.for we fay it istheSubjeftsdutyto concurre with their friends and followers , as they shall be required* in every caufe that concemes his Majefties honour, yet foas that they do nothing to the prejudice of Religion or Libertyes But furder ( fayes he ) as to thePoynt of allegiance or fidelity , that is another matter then obedience ] Anfw. True, when men will become very critical ; but the fcope of the place shovveth in what fenfe he took it > not only as includeing an owneing of him as lawfull and rightful King &c. but as includeing alfo a promife oi aftivc concurrence in de- fending of him and his intereft : and fo while this is urged in an abfolute , illimited , unqualified or un - reft ric ted Wiy he aaade it all one with obedience. It is true , a man may Allegiance to theKing^ *.«,, iiay keep allegiance or fidelity to the King) when he cannot >bey his commands j yet the claufe of the Covenant re: j illegiance as well as obedience , in fo far , as we are not to defend his perfo n and authority abfolutely , but in defence of the true Religion and Liberties of the Subjects. Allegiance then is a comprehenfive thing, not only taking - in an owneing of the King as rightful King , and fidelity to his peribn crowneand^dignity againft confpiracyes and trealbns ; but alfo an active concurring to promove his honour and dignity, and to defend his perfon and authority : And lb all who lay allegiance mull be qualified according to this redaction, do notmeaneevery thing in allegiance, but that whichisex- prefled in the Covenants. So that it is his ignorant inference, to fay , That that which NaphtaU fayeth is contrary to the confeifionof faith Zap. 13. §. 4. which fayeth difference tn Re- Itgton doth not make voyd the Magtflrates jujl and legal authority, not free the people from their due obedience to Jw»,unlefle he think the ar- ticle of the Covenant, interfereth with the confeillon of faith, which he dar not affert; but if he do affcrt it, let us hear by his next what he will fay to the sipologettcal Rei.:r J?ag. 38^.^7. 388. 38.9. 3j>o. where that claufe of theCo- venantis vindicated. Headdeth [// uAtcLmf* way for keeping humane (octettes fromgrofie dsforders , to allow to fuch as are in fu~ freme power by lawful cafitng > the honour due unto their place > d- though tn the matne things they pervert the Ends of g dif- honoxrmghtm by a falfe Rejgton 3 or feducetng others r. Anfw . Do we fay that honour is not due unto Magiftra- tesof another Religion , becaufe we fay that we mult | mife allegiance and obedience to them m the Lord -} and mult not concurre with them, nor contribute om nn:o tliem, tothemanifeft detriment of Religion and Liber: This lslike the reft of this Man's foolish in doth he think that we cannot give to c*far the things which TCCdfitr't, unleflevve give him alio , "theth God's, and arc the Peoples? Then he citi Lib. 4. c 10. §, if, 17, But He fpeakefh nothing contra thebufinciTe we are upon : Doth he think 1 of the judgment that People are bound to f« [Mute a^o Arg.from the qualified Cap. XI. Subje&ion 5 allegiance or fidelity and obedience to all Id wicked princes , whatever right they may have to the place ! % That fubjects are bound to obey 3 and to fweare allegiance $n n the Lord unto wicked Kings who denyeth? do we fay that 4 wicked Kings , becaufe wicked , are eo/pfe no Kings ; nor k to be acknowledged as Kings { What then doth this tefti* mony make againft thus? But 2. will he ftand to what cdvm fayeths' Then he muft condemne what King and Pailia ment have done > in taking the life of the Marqutfc of ArgyU and fay that they are guilty of innocent blood y for by what Cdv'tn here fayeth, we were as much bound to acknowledge Cro7?wel then , whenhedidReigne, as now to acknowledge the King : for he fpeaks of all qui quoquo moclo rerum fottnn- tuu How will he then free himfelf from treafon? Forfurein Calvmes judgment, ^rg/kdidbut his duty, though he had done more , and yet he was condemned as a Traitour : can he reconcile this with cdvtnes judgment i So then our promifeing and fwearing alleagiance , fidelity, and obedience to the King , being with a reierveof oural- leagiance , fidelity , and obedience unto the Supreame King of Kings and Lord of Lords , and according to that due fubordination , and thus limited and reftricted , that we may do nothing againft God , or in prejudice of his interefts ; no perfon can with any colour of law or confeience , challenge oraccufe any of Treafon or Rebellion againft the King , when they preferre the intereft of God unto Man's , and labour to fecure Religion and the intereft of Chrift, unto which they areabfolutely , and indifpenfably obliged , and from which obligation and alleagiance , no authority of man can loofe them, nothwithftanding that in fo doing, they poftpone the authority of man , and their alleagiance thereunto , and lay it by , feing it is of no force , when it cometh in compe- tition with the^uthority of God, and is ftated againft that Religion , which by divine authority they are bounci to main- taine , with hazard and lofie of their lives , goods and for- tunes ; And therefore the late act of defence beting, according to their fworne alleagiance to God, a neceffkry defence of Religion , cannot be condemned of Treafon or Rebellion , thoudi Allegiance to the King. 251 hough it wanted that formality of the authority of Subordi- ut powers : As poftponing the authority of inferiour Ma- jiftrates , in act of obedience , and duty of alleagiance unto :he Superiour , can be no proper difloyalty or rebellion • fo lor can the poftponing of the authority , of Superiour and inferiour Magiftrates , in poynt of obedience* and performing alleagiance unto the molt Supreame, be really treaibnable , feditious, or rebellious. 2. If webefworne to maintaine the King's perfon and authority , in the defence of the liberties of the Cub \ Then who ever preferre the Liberties of the Subjeft unto his perfon and authority , are not Traitours or Rebels: And fo the late act of defence, being for the liberties of the fub- ject, when they were bafely betrayed , fold , and given away, bya company conjured into a confpiracy againit the lame, and were trode upon , and violently plucked away, cannot in confeience , or in the law of God , or according to any juft law of man , be accounted, or condemned as? an aft of Treafon or Rebellion. Cap. XII. Some moe Arguments Briefly propofed and Profecuted. WE have in the preceeding Chapters proponed and con- fidered fuch arguments as gave us occaiion COB what this Swrurja ailaidged. We shall here, ere to conlider his objections , briefly futnme up other argu- ments. The worthy author of Lex Rc.x ^th fome, which wc shall here fetdow book is not in every mans hand, and parti' man pretends to have anfwered much or that I he hath not fo much as offeitd to make a reply uotottl hundei cth part thereof- 2$2, Moe Arguments briefly Cap. XII I Pag. %6t* thus he argueth , [7 hat power which is obliged t command and rule juftly and reitgtoufly , for the good of the fubjeflt , and is only fet over the people on thefe conditions , and not abfolutely: tannot tye the people to fab je flic* without refislence > when the power ** abufed to-the deftruflson oflawes> religion , and the fubjefls. But all power of the law is thm obliged Rom. 13: ver. 4. Deut. 17: ver, 18. 19-23. 2Chron. ir. ver.6. Pfal. 132. ver. n. 12. and 89. ver. 30.3 1. zSam.7: ver. 12. Jer. 17: ver, 24? 25, And hath been ($ may be abufed by l(tngs , to the defruflton of L awes Religion , and Subjects* The proportion is cleare , for the powers that tye us to fubjefl/on , only are of God. 2. Becaufe to refifl them is to reft */? the ordinance of Cod. 3, Becaufe they are not at err out to good work* but t$ evil, 4 . Becaufe they are God's minttfers for our good : But abufed powers are not of God but of men > are not ordi- nances of God > they are a ten our to good work* not to evsl3 they are notGod'smtnifters for our good. ] i« (ibid) [Thatpowe?- wbich is contrary tol aw , and is evil and tyrannical , can tye none to fubjeflion , but is a meer tyrannical power and unlawful • and if it tye not to fubjeflfon , ft may lawfully be re- Jtfteds But the fower of a I(jng abufed to the defiruflton oftawes3 Rem ■ligion, and fubjefls, ts a power contrary to law, evil avd tyrannical, andtyethnomanto fubjeflion ; wtckednejfe by no imaginable reafon , can 0 blige any man. Obligation to fufft r of wicked men 3 falleth under no cammaxdement of 'God, except m G#r Saviour. A Pallion as fuch, is not formally commanded, I meane a phyftcal pafflon , fuch as is to be filled. God hath not faid 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 fuffer thefe things. 3. (Ibid) There ts not a ftr/cl^er obligation moral j betwtxt I\ing and People , then betwixt parents and Children , Maflcr and Servant % Patron and Clyant , Husband and Wife , 7 he Lord and the Vafialy between the pilote of a ship , and the paflengers , the Phtfttian and theStck, thedoflor and the Schollars: Rutlawgranteth > lminime 3 J . De Relig. & fumpt. funer. If thofe betray their truft com- mitted to them 5 they may be refined i if the father turne dijlrafled and anfc to kjllhts Sones > his Sones may violently apprehend htm , btnd hsshandsj fpotle him of his weapons 5 for tn that, he t snot a father Vafq.Iib. 1. illtiftr. quceft. Cap/ 8, n. j8 Sidominusfubdi- tum Propofed & profecuted, 25 j turn ,enormiter & atrociter oneraret ; princeps fuperior vafal- lumpofTetex toto eximere a fua jurifdictione, &etiamea- cente fubdito & nihil petente. Quid papa in fuis decif: parliam. grat.dech" 3 2 .Si quis Baro. abutentes dominio privari pofllinc. The Savant may rt/ifi the Master-) if he attempt unjurlly to ij.i htm \ So may the w'sft do to the Husband : Jf thepihr should wilfully run the sh/p on a rokfto defiroy himfelf, and hs paffengers , they might vio- lently thruil htm from the hlme. Every Tyrant is a fur t jus Man, and is morally dijiracled , as altiiufi fayeth > poltr cap. 18. n. 30.C feaq. 4.. Pag. 161. ,,That which is given as a bleiiing and a 5, favour and a ferine be tvixt the Peoples Liberty , and their ,, bondage, cannot be gvenofGod as a bondage and ilavcry 3> to the People* But the Power of a King is given as a ?) Welling & favour of God to defend the poor &i needy, to .rve both tables of the law , aad to keep the People „ in their libertyes , from opprciling and treading on upon „ another. Buc fo it is, that if fuch a power be givenof „God to a King , by which 4c7«/>77wcheisinvelled of God „todo acts of Tyranny, and fo to do them , that to refill „ him in the moll innocent way , which is felf defence , mull „ be refilling of God, and rebellion againlt the King his „puty; Then hath God given a royal power, asincontrol- „lable by mortal men by any violence, as if Godhimielf. ,,were immediately and perfonally refilled, when :he K >. is refilled, and fo this power shall be a power to wafre 3, anddellroyirrefilhbly , and fo in it felf a plague and an >,for it cannot be ordained , both accord:; lotion and genuine formal effect and intrinfecal operation oi „the power, to prefcrve the tables of the Law , Religion „and Liberty, Subject andlawcsj and alio to dcilroy the „fame. But it is taught by RoyaUfts, Thar this pow. „ for Tyranny , as wel as for peacable go\ t ,,caufe to refill this royal power put forth il ?, Tyranny or jull government, is to refill the ordinance of 35 God, as Rcyalrjts liy , lioill A'ow. X}.' i> i> 3. W 55 refill God's Ordinance and <. p.puty, is to refill God himfelf - »*cr0<\o. as if God wcie do that dli aj4 Moe Arguments briefly Cap. XII# 55 the King is doing \ and it importeth as much as the King of ,, Kings doth thefe acts, in and through the Tyrant. Now it 5,isblaiphemy to think or fay. That when a King is drinking 5,the blood of innocents, and waiting the church of God , „ That God if he were personally prefent , would commit 3> the fame afts of Tyranny ( God avert iiich blafphemy ) 3) and that God in and through the King his lawful deputy „ and vicegerent , in thefe afts of Tyranny , is wafting 5, the poor church of God. H it be faid , in thefe finfull acts of 3, tyranny, he is not God's formal vicegerent, but only in good „ and lawful afts of Government , yet he is not to be reiifted :, in thefe afts, not becaufe the afts are juft and good, but 3, becaufe of the dignity of his royal perfone. Yet this mull 3, prove that thefe who refill the Xing in thefe afts of Tyranny, 33 mud refill no ordinance of God> but only that we refill 33 him who is the Lord's deputy. What abfurdity is there „ in that,more then to difobey him5refufeing aftive obedience „ to him who is the Lord's deputy, but not as the Lord's de- ,, puty* but as a man commanding befide his Matter's vvar- „ rand ? 5. (Jfcg.***$0 3>Thit which is inconfiftent 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 , faifty, prefervation , the ,, peacable and quyet life of his church, 1 Tim. i\ 1. Efai.w. ,,wr.i3. pfal.79'7* But God should crofle his owne end in 53 the fame aft of giving a i\tng , if he should provide a K§*g% ,3 who by office were to fupprefie Robbers 5 Murtherers ; and 33all oppreflburs and wallers in his holy mount, and yet ,, should give an irrefiftible power to one crowned Lyon a King 33 who may kill a Thoufand Thoufand proteflants for their ,3 religion, in an ordinary providence > and they are byan or- dinary law of God to give their throats to his Emiffaries , i, 2nd bloody executioners. If any fay, the King will not be ,,fo cruel. Ibeleeveit, becaufe, aclufecundo it is not polfible ,y in his power to be fo cruel ; we owe thanks to his good will ,3 that he kiileth not fo nuny, but no thanks to the genuine 3, intrinfecal end of a Kin^, who hath power from God to Propofed & profecuted. a^ >Kill all thefe, and that without refiftence made by any , Mortal man : Yea no thanks (God avert blafphemy) to , God's ordinary providence , which ( if Rojairfs may be ►T beleeved) pucteth no bar upon the illimited power of a „ Man inclined to fin , and abufe his power to fo much „ cruelty. Some may lay, the fame abfurdity doth follow >j if the King should tume papift, and the Parliament and all „ were papiits , in that cafe, there might be fo maaj „ for the truth put to death, and God should put no bar of 3, providence upon this power, more then now ; andyetin ,, that cafe* King and Parliament should be judges given of >,God aclti pur/to , and by vertue of their office obliged to ,3prefervethe people snpe.ue and godimefe. But lanfwere. 33 It God gave a lawful official power to Zjng and PmUmmd 3> to work the fame cruelty upon Millions of Martyrs , and 33 it should be unlawful for them to defend themfelves, I 33 should then think that Kjng & rarltamtnt were both exof- » ficio dnd ac\u primo judges and Fathers , and alfo by that fame „ office , fvUrtkaers and butchers , which were a grievous as- ,, perfion to the unfpotted providence of God* 6. (/V£. 331.) 3, Particular nature yeelds to thegoodof f3univerfal nature; for which caufe heavy bodyes afcend 3 and light bodyes defcend : If then a wild bull or a >, goaring Oxe may not be let loofe in a great market con- ,3 riuence of people ; and if any man turne fo diftrafted , as „he fmite himfelf with Hones, and kill all that palfe by 3, him, or come at him; in that cafe the man is to be b( „and his hands fettered , and all whom he invadeth may „ rcfifthim, were they his owne fones , and may lave: „owne lives with weapons. Much more a/(/#g turning a AVro, 3> i\\\\gz> Mil vexed with an evil fpiritfrom the Lord, nv. 3>rcfiited: and far more if a King endued wit: .ion, 1 put violent hands on all his&bje&s, kill his foneand 35heirc: yea, any violently invaded, by natures law, may 33 defend themielves; & the violent retraining of fuch an one ,3is but the hurting ot one Ma:i . who cannot be virtually »thc Commonwealth , but his destroying of thecoma. o0t z$b Moe Arguments t>neny l;ap. XII. 3, of men, fent out in warres as his bloody Emiflaries , to the 3> diflblution of the Commonwealth. 7- C P(tg* 3 3 S-) Ky the law of Nature* a Ruler is ap- 5> poynted to defend the innocent : Now by Nature , an in- jifant in the womb defendeth it felf firft, before the pa- „ rents can defend it ; Then when parents and Magiftrates 3, are not ( and violent invading Magiftrates are not, in that , ^Magiftrates ) Nature hath commended every man to felf ,, defence. 8 . (ibid) ?>The law of nature excepteth no violence, whe«* ,, ther inflicted by a Magiftrate or any other -3 unjuft violence >? from a Ruler is thrice injuftice t. He doth injuftice as a 3, man, 2. As a member of the Commonwealth. ;. He 5, committeth a fpecial kinde of fin of injuftice againfthis ,, oflice. But it is abfured to fay we may lawfully defend our ,, felves from fmaller injuries > by the law of Nature, and not 3> from greater, &x. Theie and many moe, to this purpofe, may be feen in that unanfvverable piece : Buc I proceed to adde fome moe here. 9. I fit be lawful for the people, to rife in armes to defend themfelves , their Wives and Children , & their Religion , from an invadeing army of cut throat Papifts, Turkj or Tartars^ though the Magiftrates Superiour and inferiour , should either, throughabfence, or fome other phyfical impediment, not be in a prefent capacity to give an exprefle warrand or command, or through wickedneife* for their owne privat ends, should refufe to concurre , and should difchargethe people to rife in armes : Then it cannot be unlawfufto rife in armes and defend their owne Lives, and the lives of their Pofterity, and their Religion ; when Magiftrates , who are appoynted of God to defend , turn enemies themfelves, and opprefie, plunder, and abufe the innocent, and overturne Religion, & prefTe people to afinful compliance there with. But the former is true. Therefore Sec. Theaflumptionis cleare : Becaufe all the power of Magiftrates, which they have of God, is cumulative, and not privative and defini- tive* it is a power to promo ve the good of the Realme, and not Fropoiea oc proiecured. 2 y 7 at a power to deftroy the fame, whether by acting and going eyond their power , or by refufeing to act and betra aeirtruft. 2. No power given to Magiftrates . .way Natures birth rtght , or that innate power of Tel: ence. 3 . It can fare no worfe with people in this cafe , then f they had no Magiftrates ac all ; but it they had no M agi- hates a: all, they might lawfully fee to their c defence. 4 3 . The power given to Magiftrates can not Ioofe he obligation of people unto God's moral law -, but by the uoral law they are bound , in this cafe of imminent danger, 0 defend themfelves, their Wives and Children, and their Religion: thefeareacts of charity, which Magiftrates can- lot loofe them fiom; otherwife Magiftrates might coma is to kill the innocent 3 the widow and thcfatherlefle, and ve migh^lawfully do it at their command; which ismoft alfeandabfurde: therefore neither can their exprefTe; libition hinder us from relieving fuch , whom we are bound to relieve , nor exeem us from the guilt of Murther > be 3od» if we do it not, but obey their prohibition. ] onnexionof thepropoGtion I clearethus. 1. The law of *lf defence is no lefie valide in the oik - 0 in the other. .. The law of charity obligeth in the one cafe, noleflcthcn i the other. 3. Magiftrates are no more appovnte.i of }od to deftroy the people themfelves , then to fufFer o I d deftroy them } and fo the refilling of their violence .in the ne cafe > is no more a refifting of the ordinance of God , then le refilling or counter- acting of their prohibition , ori- gin the other cafe. 4. Magiftrates are no leftctob. ounted, info far, no Magiftrates, when they counter - icircommiifion, then when they linfullv betray their truft, id neglect their commiifion. $. I 1 Lives y Liberties and Religion, is no lefle uniull mce , when offered by Magiftrats themfeK ifered by ftrangers , Magiftrates permitting or com. i . If itbclawfulfor private S.; 'her urmes , and defend ThemLl Fives , Children; Goods , and Religion R 2 j« woe Argumencs Dneny Cap . XII. Enemie , invading the land to conquer and fubdue the fame, k with the Magiftrates approbation , or exprefTe warrand.k Then it is alfo lawful to refift domeftick Enemies animated by C the fame power and authority. But the former is true, becaufe Magiftrates , in that cafe , do profefle and avow \]l themfelves tyrants , feeking the definition of the whole fc Realme : and therefore are not Magiftrates. Therefore &c. L The confequence is cleared abundantly in the proceeding b argument* and cannot be denyed: for, a domeftick enemy is « more unnatural, unjuft, inhumane; illegal, hurtful and I dangerous , then a forraigne enemy. » 11. Such ads of unjuft violence > which neither MagiJw ftrates themfelves may immediatly commit , nor may any jt iubjeft under them , without fin and difobedience to God, L execute , may lawfully be refilled by private perfones, when L committed in a rage , or cruelly executed by inferiours.L But fuch are afts of opprelfing, plundering, fpoyling Subjc&s \j of their libertyes , becaufe or their adhereing to their fwornet Covenanted Religion. Therefore &c. That Princes andfcl Magiftrates may not opprefle , and wronge the People, isjp clear i Sam. 1 2: 3 , 4, 5 . 1 Sam. 13:3. 1 ?s>. It is contrare to their expreflecommillion Rom. 1 3 : 4, 5 • Thatt their unjuft mandats for oppreilion and ufeing of violence ,L are not to be obeyed , is no lefle cleare from Exod. 1:15,16,17,^ 18,19,10. 1^^.12:17,18. Pftl. 51:5. So likewifeitcan-L not but be cleare, That itmuftalfobe lawful to refill thati* violence when wickedly and unjuftly afted and executed :Li For, what power Magiftrates can not themfelves putintofc execution, is not of God nor ordained of God; and therc-fc fore the refilling of that , cannot be the refilling of any powerty ordained of God : And againe, what power fubjetts cannotfe lawfully put into execution can be no lawful Magiftraticalid power appoynted of God : For, if it were, a refufeing toirl put the fame into execution were a real refitting of the or-t dinanccl j to h Propoled & proiecuted. i^ linanceof God : And fo a refitting of this, when'wickediy >ut into execution, is no refilling ofthe ordinance of God, which caufeth damnation. 12. That it is juft and lawful to flee from the violence of Magiftrates will not be denyed. But if that be lawful, when fubje&s have no power or mean$s whereby to refift , or op. pofeun juft violence with violence > It cannot be Gmply un- lawful to refift the fame unjuft violence with force, when neither flying* nor hideing, nor other fuch like meanes o: ty are practicable : Becaufe it is the principle of (elf Hibility of refiftence; and the fame principle of fell fence will make refiftanceiawful > when the other is not pra&icable. Againe , theprincipleofcharity to their \\ md Children and other Relations , makes flight lawful , when they can not otherwife avoide the unjuft violen. Tyrants i and the fame principle will animate to refiftence • fcvhen practicable , & when they cannot flee with w ive- children and old decrepite parents Sec. Thirdly, the tame principle of confeience > vt^> that they may keep their Reli- *ion and Confcience free and undefiled, which will prompt :oaflight , when there is no other remedy , will prompt alfo co refiftence, when flight is not practicable. 1 remer:. The Surveyor Pag. 4 1* calleth this [ a monger of a ft etc a! par adcx tbtch the paare of pfeudo - martyr es brought f*tth • whereas flight it miy a vtrhdtdvtng from under hu dominion , and putting owes felf tnder another domtnUu vr*rc hit power reaclxs r.ot : and fo by pi git ind withdrawing from the I\tngdomes , the man ceafth to be afubjaH ohim, wkofe fub eel he was > and comes to be under otlxr Lor ds and awes.'] Anfw. Thismuft be a monfter of men , whofeeyes nuftbeof a magnifying glaffc of a paradoxical quality ; and lemufthave a ftmnge ftoical phancy, who imagi uch a thing is a paradox > and a fitkai paradox , and a m fa ft'itcal paradox 1 what could his ftcical brainc rUV( bore paradoxically \ Flight and non-obedu ; efifting of the abufed power ; and if the vhich is prefled by the Maeiftrare > flight on that K ton - obedience, is a refiftence of the powers ordained of R i Cod, a6o Moe Arguments briefly. Cap. XH. God 5 condemned Rom. 1 3- forfuchanoneis'^TiViwo^c^ he is out of due order. But. %. As we have feen , the confequence will hold , and we feekno more j we need not make it a refiftence equal with forcible refiftence. 3. He ipeakethof a flight out of the King's dominions, but what fayes he to a flight , when the perfones flying keep ftill within the dominions ? Will he grant that this is liker unto a refi- ftence ? And he muft, if his reafons hold - for in this cafe, the man ceafcth not to be a fubjeft nor cometh he to be under another Lord: and if he grant this , our argument will ftand ! as tirmeas ever. 4/rhe man, for all the money he hath gotten 1 from his majefty for his paines , or paine , is not afrayed to rub , by what he fayes here, upon his facrcd Maiefty and his Royal Councel ; for, if perfons withdrawne and out of the Kingdom , ceafe to befubiefts to the King, How could the King and council fummon home the Scottish officers who ferved under the states of the Netherlands, and were fervants to them, and under their pay, and had been in their bounds, all moft all their dayes , yea fome of them were borne under the States; and yet for not comeing to the Kings dominions upon his call and charge , they were denunced rebels & fore faulted, and ftand under that fentence to this day, for any thing I know ; which, though I account the moftunjuft. Inhumane* barbarous & irrational aft , that can be , fo that it may well be reckoned > among the Surzt£yer*s monfters of ftoical paradoxes • yet I think tendernefle to his Majefties honour and credite, should have made him ipare to have fet downe this parenthefis : But , fome men , it feemes , have liberty to fay what they can or will , if it mav help the defpe- ratecaufe, though it should refleft upon King and Council both. Let a friend goe with a foe* 13. It was not to Parliaments or inferiour Ma^iftrates * that Chrift faid , alittle before he was to be apprehended , JL#J^. 22: 3 6y 3 8. But nw - he that hath no fiver d , let htm (ell hts garment , und buy one ■■■ »■ ■■■ and they fay Lord here are two [words t And he faid unto them-, it is enough. Here is enough to evince the Invfulneflc of refilling with force unjuft oppreflburs ; for it Chrift had thought it limply unlawful 7 why would he have defued Propoled & proiecuted. 2.61 •defired his naked private difciples , to buy (words, which .are weapons for forcible refiftence and defence , and that at fuchatime? It is true, he would not fuffer them to ufe of them as they would , not becaufe it was (imply u: ful for them to refcue him out of the hands of that band of robbers; for he ufethno fuch argument to difluade diem.- buc becaufe, he was commanded of the father, toyeeldandto laydownehis life, of his owne accord j and therefore was it alfo that he would not ufe the help of angells , as he might have done, in his owne defence; therefore (aid heub. 18: ver. 10, 1 1 • put up thy fvord into the sheath , tbt cu. father hath given me shall I net drmkj. ( & Mathew addeth Cap. z6\ 51, ^ 3 ') ihtnbcft thow that I cannot pray to my fa', shall pre fentl) give m* , more then tnelue legions of angells. God had revealed his will , that Chrift behoved to fuffer Ma/. 1 6: tier, ii, n, 13. loh.io.zjr. and that was furtfcient to reftraine this ail of felf prefervation h/c i$ nunc : which was oth$] lawful j as well as it did reftraine from rligh: , Chrift at other times ufed, for his prefervation : Nd his word to Peter import that this k but the reafones of it were (as Rivet (ayesindecal. 6-pi (r. Becauftit had a hjnde of revenge im it y fcr d nee repel fuck an army as came to i i not s anfaere, 3. /A 1 dcfemhd Itufeif anotker 4. it was contrau to u. .../' to Pe- ter.] 14. ThatdoftiinecannorbeofGod, which tor! foundreafon, & to all rational perfones , .. fly& Unavoydal .row and deftroy politics , and all humane and open a gap .:oor Xo all coniution , di 2nd injuftice. Our Surveyor t ay this propol;:: fcing he maketh ufe if it 5 or of one very I a poor opprefled people may n< .: Gty, a^zainft the opp ityr ranny of Mag:. lift unjult , 1 ; to ail rational perfbnes a 1 zoz Moe Arguments Dneny <*;ap, xil. is an opening of a door to all confufion, diforder, tyranny, oppreliion, Murthers, cruelty, injuftice, Sec. for when Magiftrates turne Tyrants , oppreflburs , fet themfelves to feek the mine and deftru&ion of their Kingdomes , and of all their Subje&s, in bodyes , goods , and Confciences , and fell themfelves to do fuch villany and wickednefle , there is no remedy, by this doctrine; the Commonwealth is utterly gone ; oppreliion and Murthers are increafed i all is over- thrown and overturned ; and there is no help. Thus God shall have given a power to one man to kill and maflacre milli- ons of Chriftians , to deftroy whole Common wealthes , and to root them out , and all their memorial , that no more mention should be made of them* But who can be- leeve this ? Yea if this were received as a truth , what incouragement were it to tyranny and oppreffion > And what mifchief would not wicked hearts contrive and execute* if they did not feare oppofition and refiftence ? This Sxrveyet tels us Pag. 103. That it is enough to keep Kings right, to tell them they muft anfwer to God , But we fee that for all this 5 there are moe evil and wicked Kings, then good; and it is more then probable , that that alone would no more fupprefle their tyranny , and keep them from wickednefle , then the fear of the gallowes would keep theeves from Heal- ing and robbing \ if they knew that no body would refill them, oroppofethem with force > when they came to fteal and rob. j$. By this do&rine, People should be in the moftmife- rable condition imaginable when under eovernours j for not only should they be lyable to all the oppreifions of Magi- ftrates tyrannizing over them , and have their hands bound up 3 fo that they could not helpe themfelves; butalfounto the oppreliion and tyranny of every one who could but fay > he had a commillion from his Majefty to kill and murther all whom he pleafed : For they might not refift whether he had a real commillion or not* left they should refift the or- dinance of God , in refitting a fervant fent of the King to execute his luft and cruelty , with exprefle warrand and com* miffion : & thus there would be as many irrefiftible tyrants > armed armed with abfblute and irrefiitible powers oneT) rant will > and the people might no more ufe violent refiftence againft them, thenaeainft him. A do&rine > I am lure , poynt blanck contrary to all reafbn and equity. 1 6. If forraigne princes may lawfully help a poor people opprefled by their owne Soveraigne : Then people may lawfully, if they be able, hold in the paines of thefe for- raigne princes, and defend themfelves. But the former is granted by cafuifts and politicians. Therefore &c. The confequence cannot be denyed : for foreigners have no more power or authority over anorher foveraigne , then the people have themfelves : and what juftice, or equity of the caufe could warrand them to come to their reliefe and fuccoure, the fame will warrand the perfones injured to help themfelves , if they be able. 17. As the law of Nature will allow this felf defence even to private perfons, in cafes of necellity , So mil law of Nations, and the Civil law \ foritmakethnodift- inftion betwixt felf defence ufed by pnvateperfons alone , and that which is ufed by private perfons having their R. fentatives concurring : And where the law diftingui not, we should not diftinguish. As all law permits to repel violence with violence -y fo doth it give this allow- ance to all perfons whatfoever /. Liter am C f*dad C'ticfut fne judic. 1 8. To maintaine,that in no cafe it were lawful for Private fubjefts, to refill the unjuft violence „ and to defend them- felves from the tyranny of Princes , would be a direct con- demning of our owne Princes /£. I e worfe , the; is the condition of thefe, who want fuch Reprefentatives But that were abfurd. Therefore &c. The confequenc: of the Major is hence cleared : Becaufe , all the arguments] which have been adduced by any, for proving the lawful neffe of refiftence in cafes of neceffity , will evince that a * people , who have no formal Reprefentative, may refill the tyranny of their Prince : But now if this were not allowed unto a People having Reprefentatives , their cafe should cer- tanely be worfe: Becaufe their hands should be bound up from that neceflary defence , which otherwife they might have ufed w^ when Reprefentatives shouldbetray their truft, and comply with a tyrannous Prince againft the people. The Minor is moR. certane, becaufe Parliaments or Reprefenta- tives have been inftituted for the good & advantage of the people : And therefore should not prove hurtful and defini- tive, otherwife they ceafe to beabenefiteandableiling, A benefice should not prove onerous, fayeth the law , fifitiwf. ff, nt legator nom. caveatur* 20. If it be lawful for private perfons to refill the Tyranny of Parliaments , and other inferiour Magiftrates : Then it cannot be unlawful for them to refill the Tyranny of others, without their concurrence and cbndudl. But the former is true, as all the arguments ufed by divines and politicians to i prove refiftence , will evince \ and as feveral of our adver-* faries will very readily grant, though they willftirly main-* tain.s, that no refiftence is to be ufed againft the Soveraigne. Therefore &c. The connexion is hence cleare, That to whom the greater is lawful, the Iefie is alfo lawful : Now it is a greater matter to refill a Parliament, then to wave them, and miskend them , or to refill others without their help \ as all may fee and will eafily grant. There is not a more ex-. prefle command for Subjects to do nothing without the con- currence of a Parliament, then not to refill them and oppofe them: Nor are people more obliged to the one, then to the other* a 1. Privat periods without the concurrence of Parlia- ments Propofed and profecuted. 265* ments, may refift and oppofe the Prince, yea and binde his hands > when in a tic of frenzie , or of a dittempered braine andmadnefle, he would feek to cut his owns throat , o: with Saul would run upon his fword. Therefore they may alfo refift and oppofe him , when in madnefle and fury, he would not only endanger his owne life in foiri and body , but would deftroy the inheritance of the Lord , and'eut offhis faithful and innocent fubjefts , and deftroy the land. The connexion is cleare : Becaufe more refpect is to be had unto the life of Thoufands , then to the life of one Man. The antecedent is certane, becaufe othervvife they should be guilty before the Lord , of his death , if they would not hinder it, when it was in the power of their hands ; forhe vvhohin- dereth not a mifchief when he may , he vvillethit, andfois formally guilty before God 22. Privat perfons , without the concurrence of inferiour Magiftrates, may refift the Soveraigne, when in a rage he runeth upon an innocent man palling by , and with s.wU when in evil fpirit from the Lord came upon him, would cafthft avelin or deadly inftrument at the innocent Davids, This 10 rational perfon will deny > who knovveth what a hazard t is to partake of other men's finnes : Love to the Prince hould pretfe to thispreferving of him from shedding inno- :ent blood; and who doth not this when he may, confer- o that murther. Therefore they may alio, no I .uch nore, refifthim, when in his madnefle and diftemper > he sfeekingto deftroy millions of the people or Go I gaine, much more may we refift him, when h leftroy ourfelves > we being much n^orc bound to lov \ lefend ouifelves, then to love and defend otha 23. Ifitbelawfulforp. thout the.G nande or allowance of Parliaments * 0 refift a Tyrant, or the Tyranny of a prince, with teares nd prayers:' Then alfo, in calls of neceffity, •' - iwfiil for them to refift his violent Tyi iolence, with former istruc- I ore, &c. The minor is cleare: ForRoyahlis themfc /ill grant that prdcaaniU 1UU J-YJLUt X^LJ.fc'UlllWlllO ULiWIljr VAri All ny \ Thus did the ^ancient Chriftians refill their tyrannica Emperours with earneft cryes aid prayers to God, especially Julian the Apoftate , whom they ordinarily ftiled ldoltanus Ttfitud , Adonavty Tduricremu* , alter Hieroboam ^ Achab, Pha rack , (Jr. And we are allowed to pray againft the Enemie: of Chrifts Kingdome, againft the 7*r{j the P^e that great Antichrift, and all the little Antichrifts that makewarre a gainft the Lord and his intereft . Therefore we may alfc refift a Prince Tyrannically opprelEng the People of God 3 de-! ftroying the mountaine oi the Lord , makcing havock of hi< Church , when we are in probable capacity for that work, The reafon is becaufe , the one is no more condemned ir. Scripture then the other. %. The one is no more a finful refill! ing of the Ordinance of God, then is the other. j. Ad, verfaries themfelves will grant that refiftence by prayers an^ tears is more powerful and effeftuaL then the other. 4. Thi* perfonal refiftence is as confiftent with that command , W every foul be fubjefl to higher powers , as the Other is with that I Ttm. uver.it z. I exhort that fuffhcat'tons , fraycrs and inter* eejfions be made for lyings , and for all m authority. 5. If th$ Prince be good, the one is as unlawful as the other, and a finful refiftence of the ordinance of God , no lefle then the other : Therefore when he becometh a Tyger , a Lyon , a waller of the inheritance of the Lord , an Apoftate, as ] may not pray'forhim 3 except conditionally, but againft him: as an enemy of Chrift's; fo I may alio lawfully refift him with violence. 6 . 1 1 is cleare from other perfons or things againft whom or which, I may lawfully pray, as inward or out ward Enemies, forraigne or domeftick, be they inferiouror fu. periour, againft thefe I may ufe refiftence , in myovvnefin- lefle defence. 7. The lav ves of the land make the one trea- sonable as vvel as the other , and that defervedly 5 when the Prince is doing his duty: but when he turneth Tyrant , neither can juftly be condemned. 8. We have feen the one pra&iced in Scripture and other Hiftories , as well as the. other. 24. If it be lawful for meer privat perfons to refufe obe- dience unto the unjuft and iniquous commands of Princes : Then rropoicu then he other. 3. Non-obedience to the power commanding 11ft things is a refilling of the ordinance ofGod>as well as non- ubjeftion thereunto : if notwithftanding hereof non - obc- lience to unjuft commands be allowed, why alfo shall not »on*fubjeftion to tyranny be allowed ? 4. The one doth no nore derogate from the lawful authority of the Soveraigne, hen the other. 5. The one is no more a wronging of the Vlinifter of God as fuch , then the other \ becaufe he is 10 more the Minifter and vicegerent of God in acts of Ty- anny, then in commanding unjuft things. And therefore fuch as refill unjuft violence , can no more procure to hemfelves damnation, then fuch as difobey unjuft commands. Cap. XIII. The Surveyer's grounds taken from Scrip- ture , for abfolute Submiflion to Suflfeiing, examined. HAving thus proved the lawfulnefle of private perfone* refilling, in cafes of neceffity, the unjuft violence of iuperiour powers , by many arguments ; and having vin- licated the fame from what this Survejet had to fay againft hem , We come now to examine his grounds for the contra y afiertion. Out of Scripture he ad Juceth Three grounds The firft is taken 'from the duty of Children towar.: ems unjuftly affiifting them Hib.11.vcr.9yio. where, their reverend 268 Objections from the Cap. XIII. reverend fubjettion under unreafonable and unjuft dealing is commended: and from the duty of Servants to fuffer at the hands of unjuft andfroward Mafters iPct. i: 18, i^, ao. To which we anfwere, i . That thefe examples are fo far from making againft us that they fully comfirme our poynt , as we have shewed* bove : For , not withftanding of what is fai3 in thefe places, he cannot deny, but Parents may berefifted by their ChiU dren, in feveral cafes , and Mafters by their Servants. It would be ftrange , if he should preffe thisfubje&ionfoclofe home , that now no Servant might lawfully refill and with- ftand the f ury of his Mafter ; nor no Childe might hold his furious Father's hands, and defend himfelf againft his un/uft afts of cruelty. And Althufiu* Pol. c. $ s. n. 88, 85?. tels us- that in feveral cafes, the father lofeth the right of his fatherly power over Children ^ & mafters their mafterly power, from the law Tiff. /ufl. quib. mod. jus Pat. Pot. amit. $. Domm. luft. de his auifuntfui vel alient juris I. J . § ft vel P^r. de agnat. vel alend. Ilk. L.necflmm Cap, dePatr. potc&L, 2. L.'$.Cap. delnf expof* Novel 11^. Cap. 3. 2. If thefe fimititudes be hardly prefled, itshallnot now be lawful for Subje&s to refift fo much as by flying jfor the re- verence and fubjection required of Children unto their pa- rents, will not fuffer that to evite every fmal in)urie from their parents, they should run away from under their power and fub/eftion ; nor might fervants in thofe dayes rim away from 1 their Mafters, who had another dominion over them, then! Mafters now have over their Servants , who are free to goe off when they will 5 himfelf acknowledged! this Pag. 3 r . 3 . We have shewed above what a vaft difference there i s , betwixt the power of Parents over their Children • and the power of Magiftrates over their Subjefts : And he himfelf doth confefle there is a difference ; yet fayes he, Pag. 29. There ts a full parity and agreement in this , that tn the mfliclmgof. e vsls upon thefe who afe under them ( fuch as are competent to them to tnfltcl within their fpk&re ) a patient reverent fubjeclion is due from, their infer tours , even when they abtife their power.] Anf. This is theoueftion, if the parity hold even here in all poyntss for leingi Scripture Anlwered 269 icing thefe Relations are different one from another , even in heir nature and ground , it is but rational to think , that here muft alfo be fome difference betwixt them , as to the ;onfequent or refult that fioweth from that relation , t would follow that as Children are fo Subject , as that i . ;an never but befubject, to their Parents; fo Subjects could r.ever be free or their Supericurs; and yet him iel ft el Is us , :ha: they may, by going under another government, o. moving to other dominions, i. Who, shall bejud^e, whether the Superiour keepeth within his fpa?re , yea°or not i If the Superiour , then there is no remedy at for when he doth moft exceed his bounds , he may udgethat he keepeth within bounds , and fo whether he ceep within his fphsere or not, thjre muft no refiftence be jfed , butaIiupidefub;ection* 3. Whether may the Supe- *iour be refitted by the inferiour , when he doth what is not ncumbent to him to do within his fphjere , or not i Ifhc nay not, then why is this parenthefis added, As a reflection or limitation of the Subjection required? If he refilled when he .really goeth without his fphcere , then this makes for us; for he muft grant that the Magiftrate doth not prefcribe the limites of his owne power , but God and nature, and the conftitution of the Realme. Now God hathneverputitin the power of Princes to preiTe their fub- je&s to penury, or to acomplyance with a linful abhomi- uble and ab.ured courier fo that when he doth thus, he goeth beyond his fphsere : His fpha?re is to rule for God and the good of the land , and not to deftroy the intereft of Chnft, and the Commongood : and if he may bsrefn; when he goeth beyond this fphaere, then we have ail aske. It was never within his fphoere , to break Ins con.: with his People: and when hedothfo, bcisvyithom fpha?re and may be refitted , and this is alfo for us. he tells US in the I place. i hat though /\in?s are not fathers h feneration • yet as I to tbetr I\tng, 4U )Um ff><(U rtVCftTHt ; ftib\i tien "...: And itrsAfd, 170 Objections from Cap. XIII. inward affeflion . ] Anfw. All this fayes that as Kings art metaphorical Fathers , fo Subjefts , are metaphorical Chil dren. But as it doth not fay , that Kings should become Ty rants j & not carry fatherly affeftion towards their Sub jefts fo it doth not fay, that Subje&s may not refill their tyrannica rage and fury , wherein they a&e not as fathers , but as Ty gers* 2. It is true, fpecial reverence fubjeftion & obediena is due to Magiftrats, but alwayes m the Lord ; The relatiot is mutual , if they carry not as official fathers feeking t he gooc of the fubjetts and defending them , but as devouring Lyorc feeking the deftruftion of their Subje&s both in foul anc body? they cannot expeft, according to what he fayeth, tha* hearty fubje&ion aud obedience , which othervvife the) might have, j . Being but official fathers appoynted by the fabjetts, and let over them by their will and confent, they muft havelefle power to vvronge the Subjefts > then Parent! have to wronge their Children, who have not that relation^ by vertue of any formal compa&with, or confent of then Children. So that when they do injuries, Subjefts areic a greater capacity to help themfelves , then Children are < when their Parents do injure them* He addeth \Althou& fame times they arc net fitch as they ought to bey jet they ought to ac* count thetr fcrfons (fealed w/th Gods ordinance , andthetmage oj cf bts Sovcraignuy ) f acred and inviolable , revolving to fujfer any thing of them rather then be gtstlty of parricide (although under the colom cf fclfdtfcnce)Gods la* i» thepft command hathtnjoyned reverence £J fth'tcCuQH to Prtnfes under the title of Parents Cdv.lvfltt.L'tb.4, ca».%. &c,[ Anfw. We are not fpeaking of doing violence unto the perfones of Soveraignes , or of committing parri cidc i but only of the matter of refiftance, and of natural finicile fel fe defence , which is far different from Killing oi Kings : If he think the one of the fame nature with the other, he vvrongeth the King's life, more then he is aware of, Though Children as Children may not Kill their parents j yet they may defend themfelves from theirunjuft violence. 2. We grant Kings are comprehended in the fife commande- ment under the title of parents , as Calvin doth; and not only ^w^/,buc all Superiours: & yet he will not fay> I fuppofe,that Scripture Anfwered. 271 ,ve are not to refill the unjuft violence of any fupcriour , buc :hat they are all fo facred and inviolable, as that in all things, ;hey muft be fubjeaed unto> without the leaft refiftencc: and therefore what he addeth is not to the poynt . 4.. We have shewed above, that there is avafte difparity betwixt Matters and Kings, in reference to their flavesand fubjefts \ He himfelf acknovvledgeth this , Pag . 51. [ let ( fayes he ) though there be thefe differences betwixt the domtnattvc AT maftcrlyy and the Royal cr Magtslratscai power, the infer torn* [mh- )eclson tn fujfcrmg [even wrongfully , tf Cod ferrntt tn hit previ- dence the fever to be abufed ) uno lefie under th e one pover , then un- der the other > by vertue of Dtvtne Law. Subjects ferve the So- verasgne , ( though they be notflaves: ) and not only conquered feofU are called Seruants , 1 Sam. tf : V. 14. but alfo ordinary fubjects > 2 Sam. 1 1: V. 2.4. 1 King. Ii: V. 4. ■ Though he aifo bt in afenfe the ir ft r vant ( not in relatton of an tnferton? to afufersour , for jo the Mag/fi rarest only the Msnsfter of Cod for the Peoples good , and never called thetr Mtmfter ) but tn relation of the mcanes to the end — Md Angels are mmsslrmg ffsrstt for the kesres tffalva- tion, and Minsfters are Servants to the Pccfle , ($c, ] 4mjm Thac the fubjeftion is alike in both thefe relations , can with no colour of reafon be aflertedjfor it is abfurd to fay,that Subjefts who fet up the Magiftrate, who limite his power, who Dinde him by Covenants , and defigne their owne good in fettinp him up, & do it in a voluntary way, are the fame way fubjeft to their Princes ; as flaves> who areas other eoods for theproritcoftheMafter, &are, both in bodyes Sc goods , Other wife fubje& unto their Matters , and Viae in a manner a- gainft their will, either being fold, or redeeming their lite in war, by giving themfelves up as flaves. 2 . As there a: e various Kindesof Superiours , io the relation varyeth , and is more or lefie clolTe and efficacious , and the fubje-ction muft ac- cordingly vary : I am not alike (ubje&ed to every one that is over me , as I am fubjefted to my Soveraigne ; i:or Sun I fo fubjefted to him , as to my natural parents, or as a wife is to her husband. 3, Though the' Subjects infome fenfe call themfelves fervants to theYoveraigne, (whichyec isoftenatearmeofcivil refpccl ; for Kaaman called hfmfelf W//A//fcrvant tityr/.j; ic.andoWwfcfuidthclikcto. 27* vjDjeccionsrroni \^ap. Aill. i i fters and Slaves j for the end of thefe relations , is not the good of Children and (laves: And next, Subjects muft have more power allowed them to fee to the end > which is their owne good , and to fee that the meanes prove not de- finitive or the jend : and if the meanes prove no meanes , the relation falleth , and he is no more a fervant feeking their good, but a Tyrant feeking his owne. 5. It is foonerfaid then proved , that the People who fet up the King are not fuperiour to the King: He should have anfwered Lex Rex as to this: but it is like, hethinkeththat his faying thus , is more firme and irrefragable , then Lex Rex reafonings to the contrary: But I know not who will think fo with him ♦ 6. There is a great difference betwixt Angels ferving the faints,or rather ferving God that wayjand the King ferving his People : The faints have no hand in fetting up angels to proteft them , as People have in fetting up Magiftrates. 7. Iftheybefervantsas minifters are, then, though in regard! i of their official power they should not be fubjeft to the People, yet they may be refilled, as was shewed above: and this is all v ve preffe for* y , There is a great difference betwixt fuffering of Buffett^JH ings, andcorre*on, and fuch like petty > private ,perfonalj injuries ,at the hands of Parents or Matters j and the luffering, of loflc of Liberties, Life, Lands, Religion, and fucivfc like, which tend to the mine of the Commonwealth. To jof this our Survey er replyeth two things Pag. 3 1. as,i. [The grounds all thatjuch mengoe upon for private per fines violentreftftwg the Magi fir ate m ( v$Zf the abufe of his power ) t\ they hold good , vill as effectually m evince a non- fub]ection (3 violent refiftenccto Parents and Mafttrstmm abufng then power. ] Anfw. We fay not that the Magiftrate*4j| abufe of his power is theonly ground of refiftance;this shouldm have been shewed , and not faid barely , as it is here : But>B 1 wh« • Scripture Anlwered. 273 :vhen other things give ground of refiftence , yea and a call thereunto , it is enough for us to fay , that we refiftnot :he power, but the abuie of the power. 2. Though we walked upon no other ground ( which isfalfe, as isclearc From what is faid ) yet his confequence would be null, un- lefTe he should affirme , which yet hedar not , That theMa- giftrate is under no other obligation to his Subjects, then Parents are to their Children, and Mafteis to their Slaves. But what fayes he i 2. [<*/ deatkis net , fo n :u ,. luplj inflicled is eligible, wi.ere lawfully it can be vat at d (jf. I at this is the J/ ate of the que ft ton, if private perfencs m he may not deal fo with the Magi ftrate neither] slnfv. It is true :hat no punishment unjuftly infiifted is eligible where law* rully it can be warded off; but there may be more faid, for rhela wfulneflc of warding ofFof death, then for warding ofFa ittle blow. And 2 there may be more faid for warding off a )lovv , then forwarding it off by violenting the Superiour: Wc fpeaknotof violenting the Superiour, but of warding )ffthe blae and bitter blowes, ana fuch other iin. ralent to death, done by his bloody emiflaries, which may be one without violent re -offending the powers above u When the injuries are great and grievous , andnoteafily eparable, Cod and nature will allow, aw. ifr,evcn by violence , when they can no other wife be shuned. Though a Childe may willingly Subject himielf unto corre- ctor), though he do not really deferve it > j .:her nftcadof takinga whipcto chaftifehim , shall ta o hew him in pieces , or a knife to cur his throate , I lii] n that cafe, the Childe may rcfufe heai ion , and ither flee away , or if he cannot, lave his lift an , either by calling for help > or with hi if he a be 274 Objections from Cap. XIII. be able. And here he will grant , I fuppofe, that the gradual i difference of inflicted evills will make a variation in poynt ,\ of this duty of refiftence. So in frnaller injuries fubjefts may i be patient , and beare a little , for redeeming more , and i rather fuffer the lofte of little then hazard all, but when it jc comes to an extremity; and Life, and Religion and Liber- « ty, and all that is dear to them as men and as Chriftians , is p in eminent and unavoydabie hazard, then they may lawfully q fcand to their defence, and refill that abufed power, not rnt crly , nor only, nor formally, becaufe it is an abufed pow- 1 G er , but becaufe it is fo abufed , as that it deftroyeth the ends j :, for which it was appoynted , and deftroyeth all that is deare; t unto them, and which they are bound to defend, upon any si hazard , it it be in their power; becaufe thelofie is irrepara-a b!e . Though a gradual difference of evil inflifted do bofll va.y thefpece of evil inrlifted, the leaft evil infiifted being; j( sncvilefientially as well as thegreateft, to him who doth; & iiifiictit; yet it may alter the ground of refiftence , notonly of iuperiours , butalfo of equals and inferiours ; fori may u beare wuh 3fmal injury at the handof mine equal andin-tr fLiiour, and not fo much as feek reparation bylaw, wherilt 1 fee that either the matter is not taml, or that I shall expend^ more in regaining my owne, then all my lofle was : Buti uifl bethink that upon this ground it will follow , that if mine equal or infericur shall endeavour by fraud or falshood > i to take from me my w hole eftate , 1 mav not then fue him at a the law, and vindicate my owne i Sure it were irrational! to fav io. k 6 . This will fpeak as much againft refilling of the inferioutjo powers, as refiling of the Supreame: For they are me-i taphorical Fatheis too, and Iuperiours over us, as well as theSoveraicine, and the companion will hold in the one, as well as in~the other, ]\ow if he think that the concurrence or command of the Inferiour Magiftrate, will not warrant] Subjefts to refift the Supreame -/He mull alfo fay thatthi concurrence or coir mand of the Superiour, will not warrai ' a refilling of th'e inf erour ; and fo it shall be alike unlawful reftftany > ifthisccmparifcnhcld, acccrdirg to las Urging Q Scripture Anfwered. 17^ f it : For it was not lawful for the Chilck to refift the Mother, but to fuffer patiently her chaftifment, though he Father should have been indulgent, and would havL loned theChilde j or extenuated andexcufedthcChildeas lot guilty of the fault alledged. So was the childe alio oblicr. id to be Subject unto his Father's corrections, though the ndulgent Mother would have taken the Childe's part a- zainlt the Father. 7. The Servant was to bear buffets patiently i Pet.z.8c after thrift's example was not to buffet againe ; for Cknfibetngie- uied did mt revtle agtune , and fo the place fpcakech nor againft efiftence for felf defence j but againft buffeting againe, which ; no formal warding off of bio wes,&flo weth not iYom finlefli ature feeking to defend it felf j but rather fromafp;:: evenge : So that, for all this , the Servant might have ivar •ffblowes, and faved his head with his armes, when his ruel jMafter was feeking to break, his head. 8. 1 1 is one thing to fpeak of what a Childe may do, who ath no power to refill his father^ or what a (lave is called tot vho hath no power or probable way to refill his Mafter ; z another thingtofpeakof whataNation.oraConfiderablc art of a Nation may do againA a few , whole unjuft violence hey are able to refill. 9. The maine ground of this argument isamiftake; for ethinketh that patient fuffering \s inconfiftent with refill- ig. hut Lex Rex qttdjl 30. Pag. 281. hath shewed acon- ilencie, (butit is his beft % according to his ufualcuftome j > paffe over fuch things as he cannot anfwere.) So that the Dnfcquence is a meer nuility.for bec«iufe servants are to fuffer njuft bufferings , at the hands of their wicked Mailers, 1: 'ill not follow, That therefore they arc obliged m confc :. > non refiftence : for as Lex Rex sheweth, TheChuu iod was to bear with all patience the tndtgrjatt:n $f the Lord be~ mfe she had fin,?cd \frcab. p* io, II, n. and yet she iliged to non refiftence \ but rather obliged to tight agajiift ere Enemies. David beare patiently the wrong that his Si^ne >folome did to him , as is clear by iSam. ^:^-lhl6, m. \6;v. iot 1 i,ii. PftLy.v.iyi^. Vet did Irt lavviully S 1 rcfift iy 6 Objections from Cap. XI II. refill him and his forces. So we are to beare ficknefle, paines, and torments, which the Lord fendeth on us -, and yet very lawfully may we labour and ufe all lawful meanes to be freed from them, io. Chrift's Rule to us ; Math.y. v. 32. is , that whofoever^ shall fmite us on the right chce\ , we should iurne the' other to \. tm alfo^ and what more patient fubjeftion can be required by a Magi- Urate of his fubje&s ? and yet this will not make it altogether unlawful for private perfones to defend thernfelves from un- juft violence offered them , by their equalls or inferiours. I No more willitfollow from that patient fubjeft ion that well owe to Rulers, that in no cafe we may refill their unjuftvio- • I lence , and defend ourfelves therefrom. 11. Ihopenotwithftandingofanything, that is fpokenf k in thefe paflages , he will allow children when wronged by iii their Parents , and Servants when injured by their Mailers, If liberty to complaine to Magiftrares who are over both, andjf yet this is the ufeing of a legal refiflence,and as much oppofite \t (ifatalloppofite) to the patience and fubjeflioninjoyned, 1 as is violent refillence, when that legal refiftence cannot be ic had; as fuppofe, when Father and Son, and Mailer and ( Servant are living in no Community , where there are Rulers k and Judges over them : and if this be lawful in this cafe ( asp it cannot be denyed ) then mull it alio be lawfull for fubje&s o; to repel the unjuft violence of Princes with violence: Becaufe 1 there isno political Rulers over both/(/»£ & People. But? eoplaf mull make ufe of that Court and trtbund oinecejjlty , which na- A ture hath allowed, andby innocent violence, repel theunjuft|cj violence of Princes , feing there is no other remedy. His fecond ground out of Scripture is taken from Mat. jj . ver. 1 o. 1 Pet. 4: %e r. 14,17. and the like places ; [ Where therity is a commended f offering fcr Chrtfl and Righteoufnejfe fake , and*® consequently a fort of commanded Offering : afuffering contradi~\n flinclfromfujfering for evil doing , even a cleanly fubmtjjionto fuffet * in and for veil dotng [ when God m his providence permits Rulers fi W to abufe their power ) which paffive fubjeclion or fubmifoon ts mU* grounded on thi Rulers abufe of his fwer through his corrupt will ,t on our owne fee will ; andf n*t \^ng under tny command cf God to tf-s , ) Lit he reafones ( fayes he ) fopbtfftc illy , inferring that bec.i::(i mar jujjtrtng ,vhnl- depend, on the afhw of 'another , // net t - tQ m > f^r S 3 27& Objections from. Cap. XIII. (abjection to fvjf&tngy or pajftve obedience is not commanded, when the Magistrate wflifis fujfenng.]4nf The worthy Author of Lex Rex was there anfvvering the obje&ion of RayaUfts, whoalledged liich plates,where,they fuppofed,we were commanded to iuf- fer , and among feveral arfertions , which he laid down to folve thisjhe had this aflertion, That fuffering formally as fuf- fering, nornon-refiftingpaffive, could fall under no formal D lawofGod, except in two cafes > i. inthepoyntofChrift's i pallive obedience, and 2. indire&ly and comparatively, ': when it cometh to theeleftionofthewitnefleof/^/, whe- \i ther he will fufferor deny the truth ofChrift, fothat this j alternative muft be unavoydable, otherwayes (faydhe) no U man is to expect the reward of a witnefle of /efts, who having | a lawful poifible meane ofeshevving fuffering, doth yet { call himfelf into fuffering needlefly . Now what a meer |j wrangler mull thjs be, who fayeth, thatthat worthy Au-d thor did reafon fophiftically in fo inferring , whileas he is t only anfvvering the objection: and hereby he doth itfuffi- U ciently; for if it be evinced ( as he hath unanfwerably evin- j ced it ) that paffive obedience or pallive fubjection is not fir- f| tnaliy commanded ; then their arguments proving thispaf-- j five fubjeftion to be our duty, are null ; and fo they cannot k hence inferre , that non-fubjedion paffive is forbidden. And jj what have they gained then out of thefe places i Can this jo; Surveyor affirme that pailion as paffion , or fuffering formally ft asfuch, cometh under a command of God? no, hedarnot, jy but mull with Lex Rex fay , that // is impoffible that meer paffion, L ( as to be whipped -> to be hanged , ta be beheaded should be the cb~ L jefi cf an affirmative or preceptive command of God* Why ta then is he offended with Lex Rex} Why jeers he at that jjj worthy Author , faying he thinly he fpealy acutely? is this \\ to anfwere Lex Rex to jeer at what is there fayd , aud then k be forced ( or fpeak non-fenfej to affirme the fame thing <& that is there aflerted ? But fayes he , Pag. 3 4. [ Subjection L ?§ the paffton may fall under a command , and this is called paff/ve j 1 obedtence , wttck tmplyes mere then meer paffanor fujfet/ng ; even - j, * dtfpcffton ar.d motion cf the heart tilye under that lot with an eye jt to Ccdy vhofe ordinance is ufed upon the fufferer ; only it is called ffc fajjtve cbedtence , becaufe as to the prtctfe fuffering the punishmenW then " Scripture Anfwered 179 "ere is no external action dene , enjoyned by the lav cr command f the Magtflrate-> as there h in a^ltve cbtdter.ee , al:.. £ feme difpofittve or preparatory acltons tn oider tifuffi mf cri mg a dn eel prep ar at ten to a mans owne [offering ) vi.tch ke may and ought to do, asg:i;-?g toagallowes on his ov/.tftet > crttpa ladder , lr laying do&n his head en a block. > thai it may be ftrtuken off . ] Anf>. Th-it Objection to the pailion might fall under a com- mand was granted in fome cafes by Ltx Rex , a^ m 3Ut that it falleth under a command when God open. . doortoeshewit , he is notable to prove. 2. How proper it is to call that fub million paffive obedience, is notw the while to enquire , Lex Rex toldc us ( and he cannot < fine it ) that it was re pugnantij tn adjeclo to call itobedn fince obedience properly fo called, is relative eiL a law: Now there is no moral law enioyning this, tea man is formally a (inner a^ainft a moral law , becaufe hi fereth not the evil of punishment , nor are the mally obedient to a law, becaufe they fuffer againfl: . t. As for that difpofition and motioiu ipeaketh of , that is nothing bn: wha: That modus ret the manner of fuffering, was mand , and indeed obedience to that was and is ob.\. amoral law. But the Smyeya cilt Dnly xhcmodw ret is commanded or forbidden . and - ^ecaufe (fayeshe,) 7 ha/ fame comtn.wdth-t fotbtd; re/ift ng t*e Mdjfrate m dang his duty > cnpjntthjubnuffion dna Hence to htm^ although M PCff fiU k) f**** '* <: \utofhis handr\ A,:f». Then by him j there isno Detwixcthis fubmifliouto paiiiveotk iftencc : Andfo, either he mull fay thatriv: [ which yet Pag. x 1. fyecaHethann 4ox ) ;ilfay, tha: flying ai uiispafftveobedienceiisafubmitiingtothispa And whether this will not rather loo \ ical paradox , let all men of Is the guilty parfdp bomd bv a leathor wh intence upon him ? Or is c , S 4 280 Objedtionsfrom Cap. XIIIi deliver up himfelf to the Magiftrate , & accufe himfelf , aqcj &, purfue the accufation until the fentence be executed ? If 3° not , how doth this paffive fubmiiiion fall under a mora j f law ? If he fay, when he is apprehended or in hands t & he is not to refill , bijt fubmit to the ftroke . Anfwer. i] p Will not any fee, that then the w//>/i is not command *> ed 5 but the w > to Chrtjitan patience irn fxjfcring - but unto afubwtfficn with* J 1 eut repelling of violence by violence \ and that in con fc tent tous refpecl I to the ordinance of God , wherewith the lawful Magtjira/e tsin-vefcd; (although abufeing it tn this particular ) *nd with a tender regard to < the prevention of fed tt tons and confupons in humane foctettes.'] Anf I. Thisisdiftator-like to prove the conclunon , by avert- ing it; what a ridiculous fool is he to come with his aifer- tions , and yet give us nothing but the very thing controvert- ed \ Is not this 3 very hungry empty man , to beg ( when I he cannot better do ) the very thing in quseftion < i- Then i itfeemeth, he will grant thataprivat perfon may refiftthe lawful Magiftrate , when proceeding contrary to law ; where is then the confcientious refpe&to the Ordinance of God, wherewith the lawful Magiftrate is inverted ; and: that tender regaird to prevent fedition , &c. which he talk- > eth of? Sure in the one cafe , the Ordinance is but abufed , 3s it is in the other. 3. Let me ask, if there were ajufti judge Scripture anfwered, 281 idge fitting, who would execute juftice and judgement for }od, and werefummoninghimtoanfwerefbr his perjt: poftafy, and other villannie* vvhichheisconfcious tohim- elf of , and fome others are prlvieto, and could witneflfe gainft him ; would he compeare , or rather would he not un from under the reach ot juftice, andfecure himfelf? or ' apprehended , would he not labour an efcape to fave his ,eck from the rope ? If fo (as all who know him will ve- yly beleeve he would ) where would then this fubmiffion >e which is due unto the Magiflrate \ And where would tis confcientious refpect to the Ordinance c t God not abufed, Hit very rightly ufed in that particular, be? *- IfaMa- ;iftrateabuleinghis power to the deftru&ion of the Subjc hould be refilled, what inconvenience would follow there - pon? I Seditions (fayeshe) and conftt/ijns would be unavoy '■ Me , // every one, as he thtnlej hsmfelf wronged, shall he allowed to fe force upon the lawful Magiflrate proceed.ng bj Ltw ; the pe ate si 4alefaclers being read} to juftsfy themi I ves , and to vtolate the jufieji dagsjbatestnthetr jus! proceedings.] Aufv. This is but the old Dng chanted over and over againe to us, and may therefore »e difmifled with a word : *•/£. That as the Magiftrat's bufe of his power in a particular , will not make the power : felf unlawful ( as he will grant , ) fo nor will theabufeof lis refiftence in a particular, make refiftenceit felt unlaw- j1. 2 We plead not for refiftence by every one who thinketh imfelr wronged , but for refiftence when the wrongs arc ma ifeft, notour, undenyable, grievous and intolerable , I one to a whole land, to Cod's glory, toChnft's inte: Da Covenant fworne and fubfenbed by all , to the Fu cental lawes of the land, to the compact betwixt King and utvLCt, to Religion, Lawes, Libertyts , Lives, and all zhich is dear to People . Thcfe wrongs as they arc no pen v ijuries , fo nor are they quxftionable or uncertar- unifeft as the fun at the nonetideof the day. 3. What it le Magftrate or his Emiflaryes proceed not according to iw? And what if the law, which they pretend, be ro iw dejurc, oralawmaJe amnhd 'be Unifeft to be our cafe ) should there no refiftence th< S c 2$x Objections from the Cap.XIIi, ufed but a ftupid. fubmiilion , out of a pretended and fup. {jofed regaird to the prevention of feditions and confu ions } 4. Since he thinks that fo much regaird is to b 0 had to the prevention of feditions and confufions in focietie? 0 fure he should think that as much regaird is to be had unto tfo 0 prevention of the utter ruine & deftruttiort of focieties. Now j if iMagiflrates abufeing their power to the deftruction of So i cietyes , might not he refilled ; how shall they be prefervec from utter ruine , which is much more carefully to be pre vented > then feditions and confufions in focieties : Anc fincehe thinks, without ground, that our do&rine isfo evi and fcandalous , and openetha wide gap for all wicked fedi tious perfones to work confufion in the Commonwealth; and to overthrow the bell and /ufteft Magiftrates ; we havij jull ground to think that his do&rine is not only evil and fcandalous , but moll perverfe , wicked and abhommable.i opening a wide door to all tyranny, oppreifion, cruelty; ancE an encouraging of all wicked Tyrauts to deal with their Sub i je&s as fo many Brutes or vvorfe, without all fear of op ft pofition ; and to deftroy utterly all Commonwealths , ojt make them me^rprifon-houfes for flares, Sec. And, ifthijfc doclrine of his tend not more to libertinifme , then ours , letyc all judge. His laft ground out of fcripture is that known raflag$L Rom. i 3: vtr. 1, i. with 1 Pet. z; ver. u. (I think it shouTcjfa have been -vtr. 13.) Concerning which , he fayes, [&4Ng fubjeclton ts there commanded to the Powers then cxtfttng or tn bewgL poiccf f%xoiaf ( fuch as were Caligula . Nero , Dominant monftrouiX Tyrants, enemies and perfc cuter s cfGocCs People ) as is oppofedttL *vu&. i. That fubjection here required is a Handing in rder under them , and is oppofite to the refilling or con- a-ordinatnefife here meaned , is granted ; For i, vvedo 3c fay > that Chriftianity deftroyeth Magiftracy , or ex- npteth Chriftians from fubje&ion unto Magiftracy and Ma- iftrates : As fome Hereticks then did, abufeing their Chri- ianliberty, todeftroy Magiftracy;, & as Heathens obje&ed oto Chriitians'as Gerhard de Magsjt. Pol/r. 17.34. thinketh, vhich (as fome think) was the occafion of Paul's aliening the rdinance of Magiftracy. Nor 2. do we fay, Thatiti^un- ivvful for Chriftians to be fubjects unto Heathen Magi- :rates , which , becaufe Chiiftian Gentiles might have runk in from fome jewes , particularly the GamLmiuu , who eld it unlawful to yeeldany fubjection muo Romankmpc- ours , or to ftrangers, might have been the occaiion of Paul's ifcourfe of this Ordinance. And therefore to confute thefe liftakes , The Apoftle (ayes Lett-very foul be fubjultwrohsghcf vers, cfc that is, acknowledge even fucn lawful Magi - ;rates, though they be heathens, and yee chriftians ; r jewes or gentiles , and think not yourfelf rom the duty of fubjects towards fuch. i>o that this makes othing againft us, and the iubjeftion here required, upor ccount , is not the fubjection now in quarftion \ lor a 1 1 ig of open and notour tyranny , other wife unavoidable > och well confift with this fubjection, wz+ an acknovv- jdgmenc of Magiftrats as lawful f overs ordained of God , or the good of the Subjects. 2. The word fubjertton being thus taken in a ger. omprehenfivefenfe, as containing in it all;/. ^ required of Subjects toward their Supeiiours,Thc opp earme refifltnce , or counter- orderedne (l*e muft al lv n a general comprehenfive fen^c , as including all thd vils. Now, as obedience is a fpecial poyntol into Superiours , So difobedicnceis a (pecial poynijof contra Hfdinatneffe. But, as an uni venal and unlimited o: nallpoynts, is not here required) fo ik al and unlimited fubjection to fufferiug b< s it can not be rr ved , that every 1S J re 284 Objections from Cap. XIII refifteitce here condemned; & that every aft of obedience, i a part of the fubjeftiom here required; So nor can it be proved]* that every aft of refilling or refufeing pailive obedience iw here condemned > and that every aft of fubmittingtopaifivitl obedience is here commanded* But only that thac obedience is commanded, which is due to Magiftrates; and that refi ftence which is unlawful, & is oppoiite unto that fubjeftionl required, is prohibited. So that this place cannot prove thatfc all refiftence is unlawful ; becaufe non-obedience is refiftencejt; or a contraordinatnefle ; and yet alkion-oDedience is not here l] prohibited. Againe, the fubjetfson comprehends that honour ti arid refpeft , which is due unto Superiours , and which ii ) both inward in the heart, minde and thought, and outwardly exprefled in words, geftures, carriage , &cc. So muft the wore R refiftence comprehend within it felt , all that is oppofite there it unto. Now, as by this place , it cannot be evinced that it fen unlawful to refift abufed power, or perfons abufeing theiik power to tyranny and oppreilion, in our thoughts, and by out n words: for then it should be unlawful to abhore, & deteft the^ oppreffion and tyranny of cruel tyrants; or for theMesfengers! of the Lord to rebuke them for the fame; orforPeople to pray ft & fupplicat to God againft them , which is nttery abfurdjii andfalfe: So nor can it be evinced by this place, that it is y unlawful to refift fuch abufeing their power, by bodyly ti force; for the text fpeaketh no more againft' this, then a* c gainft the other ; and yet the other is lawful; and therefore f io may this be , for any thing that is here faid : The one is re- tl fiftenceas vvel as the other, though not fo great, butw^;/^ £?|? mm™ non variant fie aem. And therefore , if this text do not p condemne all refiftence, it cannot be evinced that it condemn- 1 cth the refiftence we fpeak of. 3 . Notwithftanding of the Refiftence that here feemeth Id to be prohibited; yet we know that the Senate not only re- Ik fifted Nero , but proceeded againft him by way ofopen juftice> \ depofed him , and condemned him for tyranny, adjudging ? him to have his head faftned to a forke & fo to be publickely c v/hipped to death, and then precipitated from a rock , but he * efcaped & kilkd himfelf (as hiftorians fay : ) and in this faft j they Scripture anfwered. 28/ hey are approved by learned politicians , and lawyers. Sec lodwde RtfubAtb. i.e. 5. So that either he mull lay that a A* vas not the higher power, who mighc not be refilled 5 but ha: the Senate was above him j or that fuch as juftify the ienateareinanerronr, and fo he muft condemns the:: .vhat they did , without any colour of reafon. 4, This text will no more plead againft refitting of Supe- iour powers , then againft: refilling of infenour Magi, es: For the textfpeaks of all in any fupereminency : It ipeaketh of powers in the plural number: fee the duuh ani . he place: & Peter mentionerh wfert.strszs well as the s»:>cjme. Now will the Surveyer fay, that in no cafe, it is lawful to: Yen by force, the inferiour Magiftrates ( will he (ay that yve may not oppofe them when abufcing their power: And f he grant that in fome cafes , inferiour Magiftrates may be refifted, hemuftalfo grant that this text doth not foi bid or condemne all refiftence to the higher power; but only a ing of legal and lawful commands, whether by diib J3- iienceor byarmes. 5. Though we cannot fay, that the Apoftle isfpeaking icreal waves of the ordinance of Magiftracy in the abft: fo as altogether to exclude theperfons invefted therewith ^ pet we think it hardly faifc to fay , that there is nothing here tobcunderftoodof the abftraft office; as when he of the origin^ and rife of the office, and of the end and proper native effeft thereof , it is morepropertoi: that of the office /»*4/?r,*c70, then of the ^nffjitaio invefted. (Next whatevc. is required here as due to the 1 it is upon the account of the office, with which the and in fo tar , aud no harder : And therefore though the of- fice and ordinance cannot berefifted, yet the 10 is there with invefted , may be refilled 1 not as he is but as he abufeth the power, and fo devefteth himfelf; for as heabuieth the power he cannot be looked on as invefted there ivvith, in fo far ; efpecially if he abuie it w the maine and icipal ends for which it was appoynted : for then | :and upon the matter utterly de veiled thereof, Fill ever fubjeftic#isduetotheperion, it is upon the account ot ckc 286 Objections from Cap. XIIL the office , which he beareth ; and no more fubje&ion is due •' to him upon that account, then is due unto the office it fel£ * or to the civil legal authority which is imported by theabi * ftraft word(if fo much, feing, a quo qtudquam eft tale , td tpfurk I eftmaghtate.) Therefore the fubje&ion which is not du«|" to the office, cannot be due to him : Now fubje&ion is dufc * to the office as it is the office : And an abufed office is n will not give praife to fuch as do well ; but that is the power ¥ which is not to be refilled , of which we3retobeafrayed»fj and of which we shall have praife while we do that which f is good- ?. He is not to be refilled who is the Minifler k of God for good. But Tyrants , News who wished that all f the Romans hidhut one Nec\ , that he might cat them all off at oM \\ blov>> are rrot minifters of God , in fo far, but miniftersof I S itan. 6 . Sach are not the revenger who beareth the fvvord p toil Scripture anfvvered. 287 > execute wtath upon him that doth evil, but rather imploy- h the ivvord to deftroy luch as do well , to fubvert Lawes, elision and all that is good : Therefore it is not of fuch as ch, that the text fpeaketh, when it fayes we muft yeeld abmidion. 7. As ir is not upon the account of their laying the tyrant, aud overturning Religion, Libe:- : Subjects , that tribute is to be payed to them , fo nor is ibjecT-ion to be yeelded unto them , in all poynts , but as ley are God's Minifters attending continually upon this *ry thing , to fupprefTe wickedncfib , & promove godlineiTe. , Nor is it upon any other account , that fear , honour, and jftome is fa be given unto them. And fo the text confiders lefe powers , to whom fubjection is due, not as Tyrants, or ', abufeing their power to the ruine and deftructionof all ; ut as carrying themfelves as the Minifters of God , for the rids appoynted , aud not as the Minifters and ordinance of atan. Therefore notvvithftanding of any thing in this ext, fuch may be refifted , or rather their Tyranny may be ;fifted, which is not , nor never was ordained of God , id which is direftly oppofite unto, and no part of tint ower ordained of God. And though Kcro and tome others vere real Tyrants , yet neither doth the text name him , nor oth it preiTe fub;eftion to tyranny in any , for ledfe to his Ty- inny ; but only fubjection to the powers that are of God > Sc rdaiaed of him , of which there might have been forae who 'ere no Tyrant^, even when Aero was playinc 1 - mt , Aod it is as rational to underftand the text of thote, , of Neroov fuch like. However we finde iubiecticn is refledto die power which is ordained- Dt the power as it is abufed. From all » hich it is deare is notthe^rc/Zr^.but jW?'/Mas fuch , which are not to be ;fifted,or fuch as carry in a due fubordination unto ig all the Apoftles arguments prefic only fnbjt aion unto fuch, nd not unto Tyrants, who are a ten our to rood works, and praifctofuchas do evil, and not the minifters of God , nor evengcrs to execute wrath upon fuch as do cvil>but rai iich as do good. neither do they attend upon th •Fthe Apoftlefpcakcth, and 2rc fofa; : orcfi- * a«» Ubjectionsirom Cap. XII] nance of God> that they are refifters Themfclves of Gods or dinance, by making lawes contrary to God's law , andpti rushing fuch as obierve God's law. It cannot therefore \x o more hnful to refill fuch, then to refill a deputy perfecting I iuch as keep the King's lawes, and making lawes of his o wr* « diredlly contrarie to the King's lawes j for heis the Rebel and i the reiifter of God's ordinance , and not they who are faith- / ful to their Soveraigne. Tothishemaketh fome reply ^.37. and i [fayes) hi hath been if ten granted , and ft ill is , that no man or Magiftrate on \ earthy hath a moral power , commtjfto* or command from Uod to doA evil 1 or to afflict any unjuftly, 1. J he quejtton is apt concerning G the Magi [trot's duty , but anent the Subject's duty , in cafe through the permtfpon of di vine providence , the Magi fir ate abufe his place and power , in unjuft ajptclsng the tnnocent ; whether the private Suljett.n may ufe violence again ft , cr upon the Magiftrate , or should rathet\ fitbmitto fuffeiing , (though unjuftly) not fr reverence to the* abufe of the power > but in reverence toOcd , who fe ordinance the powei. » (which he abufeth) is~] Anfw. 1. If Magiflrates have no j moral power, commiiEon, or command to do evil, The refilling of that evil is no refilling of any moral power from* or commiffion given by God \ as, if they have no power to: command evil or fin, refilling of that command bynon- t obedience , is no refilling of their power or commiifiort. j 1. Though the quellion should not be concerning the Ma*L giltrate's duty , yet we are to enquire , what that power is ,L againft which, Subjefts may ufe no violence. 3. If Sub-T je&s be bound not to ufe violence, but rather fubmit to fuf-I fering When the power is abuled , not for reverence to the!, abufe of the power, but in reverence to God , whofepowefL it is : Why shall they not alfo be bound , rather toyeelii obedience to \ then to refill by non-obedience, unlawful! commands, though not for reverence to theabufeof the*' power , yet in reverence to God , whofe ordinance the povvet^ which is abufed , is ; as he fayes I Sure the text here makethi no difference , and if there be any difference he mull prove it j from fome other text, which we have not yet feen, nor expeft * cofeeinhafte. 4. We haye shewed already, that, he fayes without - Scripture ihlwered. 189 ithout ground , that the abufed power is of God , or hi* |>rdinance. But there after , fayeshe, lAr.d although the fan it Df Godtn defer thing the Magtftrate fayes , he is the minifter of God&C. It ts not meant tha$ that is the formal re a [on effubjection M htm > (in the full latitude of fubjectssn) n.r that the May fn ate. then ex/ftsng and in beetng , to ivhom t'r.e feople are commanded to be (abject , and forbidden to reft ft , vere fuch de fafto m all 'heir actings — but what the Magtftrate ts ex officio > and vhat he 'hould he dejure.] Avfw. i. Hefeemethtodiftinguishherc oetwixta fubje&ion in ic*s full latitude,and a fubjettionnot in ts full latitude \ but how doth he explaine this diftinction , :hat we may know what to make of it ? He feemeth alfo to jrantthatfome fubje&ion , though not fubjectioninits full atitude, hath that defcription of the power , for it *s formal* at/oy formal reafon : But what can his meaning be , feing the extmakethno difference i Is this his meaning, thatfub- eftionaftive, oraftive obedience hath that for it's formal eafon, fo that the fubjeft is to obey no power, but that which i for a praife of the good \ and a terrour to the evil &c* But ubjection paifive or pallive obedience goeth upon another ground • and muft be yeelded to a Magiftrate even when he is 'otaminifter of God for good? If this be hismeaning; : is but a shameful begging of the queftion : and if hegrant> tiatanyfub/e&ionisdue to the Magiftrate, only as he is a iinifterof God , we are gainers ; for he can never prove le other from this text ; and fubje&ion here is confidered tprefled in its full latitude; and thefearelaiddovvneasthc rounds thereof. This we may Cufly averfe j until hede- lonftrate the contrare, which we delpaire to fee done ; ef- ecially feing the text fully cleareth the fame : For a* abjection in its full latitude isprefied, fo all theApoftle's rguments , & motives, fpeak to it in its full latitude : Tbeweii •pawn but from Gody prefTeth whole fubjeclioii ; becaufei Biole power is from God, & not a part of it alone : 8c thi >re it muft fpeak to all the relative pans of fubjeft ion. So the ther argument, f. 3 ; taken from the end ofMagiftr* >eaketh to the whole of fubmilfion in its hilllatitude: i: a!^ is other argument taken from the nature of his office: 2^ T fo the reft. So that all the motives or grounds of fubjeciion, which are here made ufe of, fpeakto all the parts of fub- jeftion : And therefore if they be the formal reafon of one ^ part thereof, they muft be the formal reafon of the whole. ^ 2. We do not fay , that all the Magiftrates then emitting . were de facto fuch as they were bound to be dejure ( nor can we fay that they were all like Nero or Caligula ) nor dar he fay that fubjection in its full latitude , as comprehending as well J active as pailive obedience, commonly fp called, wastob^j, ^iven- to A^rp and his like , or was here commanded to be ^ «iven:- and what hath he then gained ? Butit is like all a- ft longs he takzthfubjccricn for pailive obedience. But i . car f that be fubjection in its full latitude ■? 2. Was that the maine * thing controverted. then? 3. Doth the motives fpeakta' that alone i 4. How will he prove that pailive obedience is], here fpoken to at all ; fince all the particulars mentioned ar$ actions , and dutyes of action ? What fayes he further 2 Pag, 7,1. I The Apoftle fpeaking of the perfon wvefledwith power j calling htm the Minifter of God for good, no ter- rour to good works , but to evil , a praifer of good , &c.jj shews only what a Magistrate should be ex officio and ts de j«re \ 6*f fc layes not this as the ground of fubjection and non-re/iflence to him \ v but this , that he is a fupertour power or da wed of Cod: if he abufe hn < place , he is to anfwere to God fir it , but the abufe of the (owtr mt . particular , doth not nullify the power , or malg n no power .„ ht* abides invcfled with authority — — fubjefttcn of or, e fort or anothei is due to htm , becaufe he is in officio , not becaufc he abufeth hi iffice.] sJnfw. The Smveyer giveth us here a new Analyfis of ? the text, that no commentator hath hitherto thought upoof no motive, according to him , is here made ufe or > exceptf one, and yet none can readc the place, but they will finder it otherwayes : Surethe cmtd\ firmer. $> and 4. is ascleat«f ground of a motive as the for v. 1,2,. By his way all thereff of the arguments ufed ver. 3 , 4. have no influence on the fubf jeftion and non-refiftence prefied- and yet the text givetlf this reafon why fuch as refill the power receive to thenjt felves damnation viz** for Rulers are not a terrsurto goodworkX but to the ml) ©f and this, with what follovvethhathn, friaf Scripture Ahfwered. 191 mall force to prefix fubmiifion , and rion - refiftenee. 3 . ] t 5 true if heabufehis place > he muft anfwere to God for it , mt that will no more proye that paffive fubjection, oro- >edience (ashecallethit) isalwayesduetohim,thenit " >rove that aftive obedience isalwayes due unto him. 4. We rrant that the abufe of the power in a particular doth not nul - lfie the power j Yet, whentheabirfeisfuch , as deftn he maine ends of the power? fureif it be not wholly, ic is nagreatpart, nullified de/mre^. But whether the pov >enullified or not wholly , it may be refilled in cafe of nr- :eility , when it is palpably* abufed : For then the pc vhichrsofGod, is not refilled : Butonly theabufeof • ♦ower, Or that which is notche power ordained of G ;. Subjeftion, it is true, of one fort or another is due to him >ecaufe he is m officio , and therefore fo long as he is m effcio * le is to be acknowledged to be m officio, and to be ol hings lawful: Honour, reverence, tribute \ and cufton ►detohim, and, in matters of fmaller moment , his penal - yes are to be endured, when there is no faire way to shun hem : But hence it will not follow > that he muft ro •e refilled , even when he intends nothing but the defini- tion of Libertyes and Religion ; and overturneth the end? »f government , and croffeth the maine and principal ends of is office and power. Then he tells us ibid. [ Thai Xmt*± iany things vrcngLex Rex hath that true word. Pag. 3 2 5'. W 8 re to fufFer evil of punishment of Tyrants 5 fome other wav, nd in fome other notion, then we are to fofferevil ofequ 3r we are to fufferevil of equals, not for any paternal autho- xy they have over us , as cerunely we are to differ evil of tlperiours Thus hi. And this is all we require to fujfer evtl of /he idgtfttate or fupertour , without znolattng hts per fort, uptnrh )u*tt of hts paternal authority , which ( though m a particular abufed ic £5 nunc ) re maims the ordinance of Cod : and in .1 verence to that ordinance wherewith they are inverted , wc arc hum- y tofuffcr wrong from them ( if we cannot try petition 1 morue thetf wheat ance ) neither jufttfying in our consciences thewron ite us j nor jndgwg them to have a com mijjion from God , as ? '9ngdotng> but regarding both God?* providence , and (jod't ordi- T 1 *9^ Objections from Cap.XIIL nance tn tbctrpet fines which ceafeth not to be his , although ah* fed in ' a particular ad towards us. ] Anf». I. It is ftrange how e this corrupt fountaine, ashecallethit elfe where, Lex Ren l can fend out good and fvveet waters ? 2. Lex Rex is l there anfvvering this quasftion: Whether any pafftvefubjecliom l at all he commanded as due to fuper sours , Rom. 13. And an* I fvvereth. [ 1. None properly fo called , that ts purely paff/ve 9 l only we are for fear ofthefwardy to do our duty. 1. We are to |N fuffer ill of pumshment of Tyrants , ex Hypothefi that they inflic*l\ B that ill on us, fome other way , £?*.] Now what it there here * that makes for him> Sayeth Lex Rex that we are to fuffer I abfolutely all the evil of punishment , which they would U inflift upon us ? No fuch thing fayeth he. J. If hefeek 1 no more then what Lex Rex fayeth here, we are agreed; if but fure he mutt then recal what he hath formerly faid. 4. |> Ay , but fayeth he, this is all we require, tofufferevilof * the Magiftrate, without violating his perfon, upon the ac- \i count of his paternal authority: But 1. there is a dif. j£ ference betwixt fullering evil indefinitly and abfolutely , ii and fuffering evil ex Hypothefi that it beinflifted: hex Rex ^4 faid this laft , and not the former. 2. We may refufe^ tofufferevilof the M^giftrate without violating his perfon: 1R every refinance of unjuft violence offered by Magiftrates, 15 is not a violating of his perfon, nor neceffarily accompa* jf nyed therewith ; for the violence refitted , maybe, and oft $ is, committed by his Emiflaries^ 3 . Though we arajjs bound to fuffer (ex Hypotheft that we do fuffer ) of Ty* ft tants upon the account of a paternal authority •, yet it will | not follow that fuch may not be refitted ; for though the Son: is to fuffer evils at the hands of his father , when hem- flitts thefe, upon a paternal account -> yet in fome cafes * the parent may be refitted , even by the Children , as is faid. 4.. No refpeftivc reverence to the ordinance doth abfolutely bind us to fuffer ; for he will grant we may flee; and here he fayeth, we may by petitions move a for-, bearance. 5. What if the evil be great and imminent, and gying is not practicable > and not only there is no moving of forbearanco scripture Anlwered. 2,93 forbearance by petitions, but veryfupplicatingisdifcharg- ed under higheft paine ! Are we then humbly to fufter chat wrong , and fo give up all our Necks , our Liber- ties, and our Religion to the luft of a Tyrant > without any refiftance? This is the quaeftion, and we are waiting for proof of it* 6. It is true when providence fo ordereth matters > that we cannot shun fuffering , then we are to regaird both Godfs providence, and relpect that ordinance which is abufed, and fo fuffer fuch evils of thefe , under another notion, then of equals ; and yet it will not hence follow that we are abfolutely bound to fuffer, and never al- io wed to refift. Thus we fee in end , ( which I would l^ive the reader (fpecially to notice) that he cannot urge this place againft js \ but he muft the fame way hence enforce an abfolute uid univerfai obedience in all things uhatfomever ; ilfo condemne other Royalifts , and it may be h elf alfo \ Who > as we heard above > did grant it I Tul > in feveral cafes > to refift Tyrants . Yea and i lemne that which formerly he durft not pofitively con - lemne> vif. refiftence by the Parliaments and primores ^egni, and thus alfo condemne cMvix, and other divi panting , and pofitively affirming this : all which , the vehadflid no more, is enough to cut the finewof aoj l;ument which he hath adduced , or yet can adduce fron^ »aflage; andfo wepafleto examine his other grounds for ab- solute iubmilfion. T3 Cap. XIV. C a p. XIV. The Surveyers grounds for abfolute Submit fion to fuftenng, taken from the primitive Chriftians, andreafon, examined* OUr Survey er, cometh next to fpeak of the example of the primitive Chriftians Pag. $%.(2c and this he mail usher in with his ordinaire jeers, and groundleffe reflections , telling US that his opinion hath been the common fen fe off he genera - tton of God's Children before this fiery yron age \ and that t hetr fobet examples f are+f more wetght and tmitatton , then the furtont practices of any of late , n hereunto they have been inflamed hy the dcclri?jes of popular parafites and fierce demagoges, fuch as this It belle* and his complsces. But we have found? & polfibly may yet finde further, how far he is miftaken in this. And indeed in fome^ refpeft, this may be well called a fiery iron age; for I beleev? fince Christianity was heard of , there was never fo much obduration of conferences, fo feared with ho te irons, and in-' flammed with rage againft piety, fidelity , truth and upright* nefle of heart , as is this day : It were well po be wished that- this Sur-veyer and his complices would take either the ex- ample of the Prophets, orApoftles, orofthefe fol?erChri-' ftians, who lived neareft to the light of the Apoftles times,1 and learne after their example to be more fober , and conftant to his principles 3 fure he will not finde in their practices , fo much perfidy, treachery , debauchednefie, hatred of piety » perfection of truth, and of the godly, as both he and his complices are notorioufly guilty of. Will he find among them fuch court parafites, fuch patrons of Apoftafy , fuch authors of rebellion againft God, fuch Tyrannogogues, and bafe flatterers , as he and his fraternity are i Will he finde in all their writings fuch bitter invectives and reproaches a- | gainft the way of God, and his People, as may befecnin thefe few sheets? Will he find fuch commendations of tyranny > opprellion , bondage and flavery , as if it were j nothing v. m xj.na.no uan \y v.l v. u. *9f othing but the compound of juftice and equity } Bu: ometo thepurpofe. Thefummeof his argument is this, That though by thete- tmony o/Tertul.Apolog. cap,i. j 3. and 37, and Cyprian. ad )emetrianum. // # up parent, the Cbriftfont wanted trot might to atfe armes , againfy the Emperourt ; yet they never ufed any ref- \ence either for the defence of themfelves , or for the refine ing of; \pprtfied brethren I Yea even after that $n Conftantin's dayes , Re- gion had heen legally established , and the Qhulitans able enough to \efend them f elves , yet they uftd no violence again ft the Aman and iposlat Emptrours vh§ fucceeded : Vnder the perjecuter jMaxi- ninian there vat the Theban Legion confifling of 6666. who yet lid not refill him : and tV.at the greateft part of /he army, under Julian heApoftate, vas Chrtfttan^appeares by their general ontcry at the recep- ton of Jovinian , nos fumus Chriftiani, yet did they never opp.fe nm with forces*] To which we anfwere. 1. Though this Surveyer would appear to be a man >f a very meek and Chriftian difpofition , and cryeth out »f fuch as are not of his opinion, as men of the fiery iron ge; yet, though we will no: take upon us to judge his be nymay fee part of hisfcope and intention, in mentioning his argument, to be this, That we may be reafoned into a >erfed ftupidity and infallibility j and the King encouraged o contrive and profecute an Eleventh pcrfecution , o.. vho profefie the Name oiicf**, in his three dominions ; | vhatendelfe doth he adduce the example of the primitive 3hriftians, who would not refift the Emperours their bloody Lmiflaries, fentout to put into execution their en; . nane and barbarous Edicts , and to fulfil their luft and d \ o extinguish the very Name of Chriftian leep, fothat if the King will , hemaycomrc aid cruel Em ifTaries , to makca malTacreonall thr bjuie Chrift and his interelt, and cut all th cw dayes, without the leaft fear of opp * be lot his defigne , let him tell me , what 1. hriftians doing , in cafe fuch a tl Would he haye them re ••' only holding up 1 T 4 296 The Obj. from the prim. Cap. XI V. throats to the bloody executioners i If he would not have; any refiftencemade, even in this cafe, then we fee what his; i principles drive at, and many may judge what a cruel bloody heart he mull have. If in this cafe he would allow a refift* ence, where is the force of hisargument then > To what pur* pole is their example adduced? and what becometh of his & infolent exclamations. O filly , fooltsh , andfemtnineChrt[Uan$ then j and o tllumtnated , mafcuious and martial Spirits ofchrssli- ans nowl 2. He may remember what he tels us , when he is fpeak- ingto the inftances of refiftence adduced out of Scripture > Tag. 67. 7 hat every example recorded m Script me is not tmttabl^j : And may not we fay here, That every example recorded in Church Hiftory (far more fallible ttien Scripture, and far leiTe to be regairded , feing what things are recorded in Scripture, are vvriten for our inftruftion ) is notimitable. So that reduce this argument into forme, it will quickly evan- ish ; for it muft Hand upon this medium. That what ever the primitive Chriftians did, layeth a binding obligation upon us -, But this is falfe , as we shall undenyably evince \ and where is then the force of the argument ? Though it ap- pear plaufible and taking , yet when prefied it doth eva. porat. 3# If their praftice be a binding precedent in this matter ^ fo muft it be in all other things: and particularly it muft be unlawful for us now to refill, in our owne defences rafcal mul- titude , afiaultinguswithftones in the open ftreets , againft all law and equity j for Tamilian in the fame place tells us, Ik that they would not refift the immMimvulgu* the cotnmon io people , who was malitioufly fet againft them , and did in- vade them with ftones and fire, fuojure with out any bnde of la w or judicial procedoure : Yea TertuWan puts no difference betwixt the Emperonrs and meane perfons, in poynt of refift- ence ; Saying , Idem {umtu Imperatortbus , qui ($ vsctnis nojlrut male emmvdley malefacere, male dicete , male cogit are de quo- 1 /j'rtam ex &quo vetamnr. Omdcunque non licit in Imperatorem, id nee rnquenqnam, we may do no more, whether in word,thought, or deed againft any whatfomever* then againft the Empe- rour. 1 Chriftians Anlwered. 297 our. But who will fay that in this , their praftice or judg- ment is to us a binding precedent? 2. Several of thefe Fathers :hought it unlawful to kill in their owne defence See^w- wof. de Ojftc. Lsb. l*cap. 4. and Augufltn alfo EftBcla adfnbls- :otamy 154. and Ltb. 1. de Ltkro Arb/rr. cap. f . And yet this annot now be maintained as a truth ; See the contrare prov- ed by Rtvtt. m 6. Pi at. cfer. Tom. 1. Pag. 13 jr. 3. Private Chriftians , not only refufed to refill violence with violence , yut they refufed alfo to flee from the fury of perfecuters , when they might faifly have done it, Potwrnnt (fayesTer- :ull. in Apolog. ) £5 tntrmetnee rtbeiies , [edtamummodo dtfeor- ies fol/us dtvornt tnvtdia adverjms i/os dtmtcaffe , ££c. That is , laked as they were , they might have removed themfelves to "omc other part of the world , and they would not. Yea \TertuUtan did condemne flight in time of perfecution , in his 3ook Defuga m perftewtone. But will any condemne this pra- ctice now > or think it unlawful, orunbefeemingChriftians to flee from the fury of enraged perfecuters ? Sure this Sm- veyer doth often grant it to be lawful. It feemeth then that either he hath catched fomeerrourin his head, that isnoc Chriftian ( as he fpeaks of us , Pag, 39. ) or all which the )rimitive Chriftians maintained in opinion and praftice, was not fo Chriftian as to be perpetually obligeing. 4. The pri* imitive Chriftians ran to martyrdome , when neither cited # tnor accufed , as isfeenin/oxhis Aclt and Mcnum. vd. 1. Will any fay that Every Chriftian is bound and obliged todofo now ? How then shall their meer example beobligeing in the other praftice? 5. The primitive Chriftians would not bow their knees upon the Sabbath Dayes nor eat blood. Muft that example of theirs perpetually oblige us now ? 6- Yea it was the opinion oiAmbrofc , L;br.] . Qrat. m Auxcnttmm, :hat noarmes should beufld by him againft thzGoth who then invaded Italy, to wafte and deftroy the fame, but tcares 1 will ithencc follow > That a Church man may defend himfelf igainft open invading no other way now > but by tcares ; becaufe he laid, Alker nee deleo > mt ftflwm nfif- T c 4. The 2 98 The Obj. from the prini. Cap. XIV 4. The Anabaptifts make ufe of this example of the primi i tive Chriftians to difprove the lawfulnefle of warr, as ma> % befeenin Gerhard upon that head : and would this Surveyei,% have us yet more Anahafnfis, then he (wickedly and falfly J alledgeth we are , in his bitter preface ? It feemes he vyould 0 joyne hands with die Anshafttfis as to this , and upon that 1 account we have as good ground to call him an Anabaptift, i as he hath to call us, lam famus ergo fares, 5. He cannot shew us , that thefe Fathers did account it f uolawful, fimply in poynt of confcience> to refiftEmperours u wickedly perfecuting: They hold forth no fcriptural ground k condemning the fame , but rather feeme to fay that it was out j: ©fa defire of Martyrdome, which (asS*dfiti*s Severas fayeth> to they fought for more earneftly* then in his dayes men gaped; k for Bishopricks^ & therefore they willingly yeelded up their; & lives and all , to the cruel rage of perfecuters , that they a might obtaine the crowne of Martyrdome, It is true, mi lertaiitan fayes , A fad sftam dtfc'iplmam magts occidi Itcet quarn k ttaderzj. But this fayes not that it is (imply finful to kill in 1 felf-defence : but that they choofed rather to be killed or k martyred. 6> Though we shall notgoe about to call in queftion the rc truth of Ttrtullian's narration concerning the number& power ape of Chriftians in his time (and yet Mr Goodwin in his Anttcava* k< lierifiue maketh it very probable that he was miftakenin his i computation, if he did meane it through the whole Em- b ;)ire. Or that if it was fo , it was not known to the Chri-< u Hans, and foit was all one, as to refifting upon that ground. ) 5 Yet vve may fay, That there might have been many things , m which in prudence might have made them to forbeare to goe ii toanopenvvar, orrifeinarmesagainfttheEmperours, even^ this , that the Emperours alwayes had a great militia , many i and ftrong armies on foot , againft which , for naked per- x ions (though many) festered up and downe theEmpire* & having few or none to command or lead them forth to battel * in their defence , to rife in this cafe , had been no probabla & meane of faifty to themfelves , or of defence ; but rather*; fo means to provoke the Tyrant more , and procure unto them- felves Christians anfwered. 299 dves more fuddaine death and deftruaion. So that notwich - :andmg of their number , their capacity to effectuat iiich an nterpnfe , was but fmall and very improbable. 7- The ancient Chriftians were not fo utterly ignorant^ ior fo void of humanity and Chriftian love and Zeal , thac xing able to help , they would fufFer their brethren to be Iravvne to death; what ever this 6urveyr iayeth: butibmc imes they refcued the opprefled outot the hands of the op- jreflburs: For we read that about the yeenjj. cerrane nen inhabiteing Mariot* with force refcued DtomQus of A- exandita out of the hands of fuch as were carrying him away. Joabout the year 342. the good People of Alexandria did rvith force, defend AtbanaftHs. Abouttheyeer 3S7. the ^pleof C^r« did defend 5 Y^: $ee a ^azjan^, orat.zo. And Ifo the People of Samofara purpofed to retaine their Bishop lufcbius ^sud banished at the command of Salens the Empe- our, had not Enfcbtus himfelf reftrained them. And about leyear 356. the People of Conftantsmfle did in like manner kyid to the defence ofPaulvs: fee for this Ekndcl'stcLoltain tot. dc Imp. Sum. Pot. Pag. 6 5 . 8- Before Conftantin's dayes , none of the Empcrours wned or profefied the Chriftian faith , fo that religion was ot then eftablished byhvves, as our Religion is: and there- are all that Ttrtuiisan or Cyprian fay, cometh not home to our afe : Yea TtrtuiUan fayeth they were but a number of xangers, cxttn fnmns , fayes he , (3 veflra emma mdfk ms . 9. Though it is true that when Conflantme obtained the mpire, Chriftian Religion was more fecured and eftabltsh- d then formerly? yet did not the fucceeding Emper 'hen they came to the throne , fweare to mainraine ; id all who owned it > they did not receive the rowne on thefje tearmes ; nor were the fubjects bounci u lem on thefe conditions ; and fo the mftances adci:. :ter Contfanttt/s dayes , lute not our cafe, wherein Rel:. become not only a legal rigluor the People, butaiunda- cental right , and the maine clause and condition o: coiupaft^ 300 TheObj. fromthepfim. Cap.XIV compaft betwixt Magiftrate and Subjeft > as hath bccd ff faid. 4 10. As for the Chriftians not refitting the AmanEfap** to rours , it fpeaks nothing : For , that controversy was long Idc under debate, even in Conftantin's dayes > and decreafcdjkr nothing , forallthefentenceof the Nicene Councel, whicliJb pafied againft it ; and hereby Bishop was againft Bishop, jo Province againft Province, Council againft Council, andacM* length all the world almolt was turned Atria*. What wonder^ then that there was no general oppofition made againft thefe-jee Arrian Emperours, when their Subje&s imbraced the fame A delufion? And as for particular oppofitions, we shall fee fome jbo inftances afterward. t i. As for the Theban Legion , their non-refiftence fpeaks mh nothing to our cafe , for then Religion was not fetled by M law. 2. For fix thoufand? fix hundered, fixty fix men&i to interprife a warre againft the Emperour and all hisSR army , had neither been an aft of prudence nor policy. 3. ty When he tells us that they offered themfelves willingly to be-in butchered , holding up their naked bodyes to the Empe-'jie rour's bloody emiflaryes , we fee what he would have all tm the honeft People of Scotland doing this day , even go- feb ing with ropes about their necks , *and with open brefts 9 «p: to the Kings bloody Emiffaryes , that they may murthef ifc them all. O But this man muft have a blood- thirfty too heart.! 12. That all or the moft part of lulians army was Chri^ #< ftian is but fuppofed not proved \ It was but a fmall part that it being deceived by him under colour of a largefle , threw rt fome frankincenfe intoafirefecretly kindled in honour of an '10 idol , and finding the deceit arofe from the feaft prepared for*! n them, and ran thorow the market place, and cryed ve are ckri-* 1) (Hans j &c. and called upon the Emperour to kil and behead no them, till he was enraged and banished them. And as for that bt proof of it, that he adduceth , itisa»o»yfy*//«r:foritwas .*» the fouldeours affeftion to /ovinian, and earned defire to m have him Emperour, after lulians death, that made them cry »; •h: »y art chrsfuanswhzn he was refufeing to accept of the im- * perial Chriftians anfwered. 30 1 crial dignity ( for they compelled him, fayeth Socrates Ltb.i. %*f.\9.) and for this caufe to difliiade them from putting lat honour on him , Or becaufe of his ovvne unwilhngneflc :> command over imlian's army, which was Pro phaned with crileges, as Ruffmus fayeth in his hiftory L$i. n: cap. u le told them he was a Chriftian , and that he would not take n him the command of Heathens . See Hiflma trtpamta) *&. 7. cap. 1. and fo fuppofed them to be all heathens: ind therefore thefenfe of their fpeach was only this : Since eeare a Chriftian we will be all Chriftians alfo, takeyou he imperial throne notwithftanding of that. Moreover , jhough the fouldiersin iultans army should have fcrupled ac Inaking refiftence againft their Emperour and General , unto vhom they were fworneas fouldiers , it fpeaketh little to the oynt \ forfubjefts are not fo under their Soveraignes , as ouldiers are under their commanders and Generalls, they re under the General's pay , and fo his fervants , and are ircd for his behoove, but the King doth not hire Subjects , or are they his fervants and under his pay , and heftands o- lerwife obliged unto them , then the Emperour did to his DUldiers : finally Nazjanzjn in his Orat. a • tn iuitanum feem - th to fay that the reafon why iultan the Apoftate was not •ppofed, was, becaufe they were not able: For, fayeshe, /ot dHtem qntbttf nulla alia anna , nee prtfidta , prater fpem tn )eum reltqva erant , utpoteomm hnma»ofubfidto proff** defhtmtu $ fecit at $; j quern tandem altum ant precum aidttorem , ant mt- fnortimdepulforemh.\bttwteramufqHam Deumlaub^ Sfc. t. e. ^hat could we do , but betake ourfelves to the Godot J a ab, fince we had no other armes, nor walls , norftrengthes , ^ingdeftituteandfpoiledof all humane help : Sure this - [ot fay much againft us, norforouri*r^Kr.-jYeahc hin: i his firft oration m Imlianmm, That for fear of refiftence & roiling hisend,theADoftatc Imlsam would not make open war t firft upon the Chriftians. [Nosen/m • fayes hc^/tvts$nferanffy trtoret obfltrjaetorefeftsefuturot, ac Tyr.tnmd* obrnxum fietattf Ttscm aftttdtum objetfttrof cogttavtt : folcnt eritm fortet £5 genet oft .uumt Uqni -vim affcrreparat contumaurer obfifrere , nonfecusacff.tmma, uaavemo exc/tafxr ^hq vehement mtfeifl at ur:<9 MMWMflW • 3 ox The Obj. from the prim. Cap.XIV. duur . "} i. C [-//^ fe^ *fed violence , /tf £w»» he had found us man peremptory and refractory , and ready to have i>ppofed to hutyrarmr a fixed fftrfofe and endeavor to preferve ow Jteltgton , for font ant generous fprrtts ufe to refiH with greater violence fuch as violently affamlt them > as a fire Hon n at by mnde , the mem the wsndebe/tt. upon tty the more tt butneth. ] Which shewes clearly that i; that Apoftate had ufed force at firft, he had met- with op? pofition ; and therefore he thought it fitted by policy to weaken them , difarme them, and fubdue them, andther fall on them with force? and perfecute them. 13 If we shall adduce fome inftances of the primitive Chriftians defending themfelves and their Religion by force , againft the Emperours Emiflaries , whither will oui Surveyer then fend his foul ? while he looked upon them as al- together free of any fuch charge, he cryed out Balaam- like anima me a fit cum antmabi* veterum Qhri\liamrum but ere it come there , he muft repent of what he hath done and fcid ; But if their practice was futeable to ours , what will he then do with his foul i for he will not have it with the late Chri- ftians , nor can he now have it with the old Chriftians , and . fo it mull goe to a diftin& place; and fo it will , if he repenf not. But to our purpofe^ 1. Blondely indie for cited place j l tels us , that about the year 3 10 . The Armenians waged warrc * againft Maximtxs, who was come againft them with an army* P becaufe of their Religion, and defate him. 2. Socrates in his £c* a dcfiaslukJni&Qry Irb. 1. c 3 o, (after the English tranflation) tels l us [„ That by rhe command of the Emperour , and cruelty ¥ „ of Macedomus , it was proclamed that the Churches of fuch * „ as imbraced the creed, containing the claufe oionefubftance^ j* 53 should be thrown down even to the fundations , , as r 5, foon as the commiilianers for fupprelling the churches had ,* given the onfet, immediatly a great number of Novations^ ,,anddiverfe others , which maintained the do&rine of w*jj , , ffibftance pulled downe that Church , removed it to another " 3, place? and there erefted itagaine againe Maoedc 7lmus ( like the prelate of Galloway ) understanding tl ,> there were many both at Paphlagoma, and at Mantintum „ the Novation opinion which could by no meanes be cot ,,1X10 1! Chriftians anfwered. 30 j pmodioufly removed by Ecclefiaftical authority > procured >i that foure bands of fouldiers at the Emperours commander ij mcnt should be lent to P*phUgontayx.o the end the inhabitants » might be terrified , and thereby brought to unbrace ttus 9j Anan hazrefie* But fuch as inhabited Mantinittm being >, kindled wi;h an earneft Zeal towards Chriftian Religion j „ wenj againft the fouldiers with chear&i mindes , and Mi ,3 lient courage, after they had muftered together a great hoaft* ,„ they all marched forward to battel , fome had taken in their t hand long hedging biis , fome had axes * fome other twt „ by chance with rufty armoury when they joyned together „andcametoluodigriping> many of the Paphiagontans were beaten do wne , the fouldiers ( few only excepted) were flaine^every one,] Moreover he telsus in the fame place , when this MaccdmtHt was about to deftroy the temple in which Ccnft.wtine lay buryed , and had a purpofe to tranflatc t,he Emperours bgnes , the people vvithftood his interprize , ajid when he gote the bones carryed into the Church where jeaews the Martyr was buryed , the multitude of the contrary fide ran thither in hafte ; and this occafioned a very great Qaughter , fo that the Church , & the porch, unto the ftrcet> jvas runing with blood, &: full of dead bodyes : & for this M*» udwus gpte little thanks of the Emperour. 3 . in Htftorta m- W/itaLtb.ii.c.i but that h.tvtng come f d.em<> they mtghthav* i help and bemfte of then protection. But whether they ftirred Up the Emperour or not, is not much to the matter, feing they came as fuppliants ^nd (as Sccrat. fayes L$b. 7. cap. 1 8. ) craved that they would pity their cafe, and not fuffer them tQ We fo opprsfied j and the Emperour made this one caufc of 304 The Obj. from the prim. Cap. XIV. of the war, which he undertook againft him \ and was one of the caufes ( as the hiftorie tells us ) that made the Romans angry with them: and when the Perfian King demanded back his fugitives , it was anfwered, they would not do that, yjaf and that not only they would endeavour to fet the ruppliants- at freedome , and deliver them from their oppreflburs ; but ? alfo that they would undergoe any thing for the good of the Chriftian Religion and (zsfiarat fayeth Ub. 7. c 1 8. ) they pur- > pofed not only to aide them, but alfo with all might poilible, generally to maintaine the quarrel in the behalf of Chriftian Religion. Againe our Surveyer tels us, that the Perfian Kings had once fubmitted to the Romans. Which whether true . j or falfe , is not mentioned in all this hiftory , either as the ground moving theopprefiedChriftians tofleetotheEmpe- \ rour Tbiodofinst'or help , or moving Theodofius to wage vvarre i againft them # And fo by this example or theirs , we fee that opprefled fobjefts may run and feek releef from ftrangers , j when they cannot help themfelves. Thus we fee this Sur~ \ vijer's argument is many wayes weak, and againft himfelf. , Moreover, 4. When Athanafius was forced to flee out of Alexandria, and Gregorius was brought thither with armed fouI-; diers, and put in pofleilion of the Church, the Citizens of j Alexandria , notwithftanding of Syrianus the captane under 1 the Emperour his being there with five thouland armed,1 men, were fodifpleafed with what was done , that they fet } St. Dents Church on fire See Soar at. Htfi.Ecclef Ltb. z. Cap. 8.- Qt,cap. 11. after the greek copy. f. When the honeft People ar Conflanttnnfle had chofen Paulus to be their Bishop after the death of £«/££/#*,theEmperour Conftantiu* fent Hermogenes the capcaine to thruft Paulut out of the Church , and when he4 came to execute his comrnillion with force , the People pre- pared themfelves to aide their Bishop .forced the houfe where' Hermogenes was , and pulled him out by the eares and killed him: See Soar at. Ltb. i. Cap. 10. 6. When Paulus was* againe placed in Conftanttnople, the Emperour fends Philip the prcfident to remove him , and to appoynt Macedonia the Arian, in his ftead. But Philip was (o affray ed of the PeopW that he went ftraight unto the publickbath called zenxipput* Chriftians anfwered. 3 o? irid fends forP/**/«/, and being in fear of the multitude > who being fufpicious flocked thither, conveyes himfecret- ly out a back window : Then he and Maadomus went unto the Church ? and were guarded all alongs by fouldiers with naked fvvords , and when they came to the door , the throng \vas fuch that they could not enter , till there were fomc thoufands Killed. If Pbidf 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 yaltm the Emperour durft not execute thefe fowrfcore priefts , who had come to fupplicate the Emperour in name ofall the reft in Kiumc- d$a-> and were commanded to be killed by the Emperour; See Sccrat. Lib. 4. Cap. 13. all which fayes it was no rare thing for People to refift even with force the Emperours Emiflaries fent to execute his unjuft decrees. 7 Soiratet tells us Hip. Eccltf. Lib. 7. Cap. i*. how divers Monks in- habiting mont Ktni.ty efpoufed Cyftts quarrel, and coming td Alexandria affaulted the Lieutenant in his Chariot vvith [tones, fo that his guaird was forced to flee away. tf. About :he year 404. when the Emperour had banished cknfifi :he People flocked together about the palace , fo that the Emperour was neceilitated to call him back againe from his rxile ,* See //#//. Jnpart Lib. 10. Cap. |> 9. When ^rr. vas banished by Valenttmxn the Emperour, at the inftigatiott »fhis Mother lupm*y the People did refift fuch as came td arryhimaway, fuch was their Zeal for the truth , and love o their injured Bishop; fee Hip. inpart. Lib. 9, Cap. io. 2nd y would rather lofe their lives , as fuifer their paftor to be n away by the fouldiers , that were fent to pull him ouf f the Church, and thrufthim away by force. See R*ffink tipor. Lib. 11. c. 1 5. Now let the Sur-ueyer tcls us what he thinks of their pra- e?And if he think their practice any other comment ai\ td *. 13. thcn'ourgloffes; and if it be any thing did m our prafticc , in thefe degs of time, as he lovethtd >eak ? We proceed now unto his Reafons , wracjh nt but the me things we hayc heard formerly. The iumme of V t^ mi t p L fOOl! 306 TheSurveyefs Cap. XIV. the firft is this. [ 7hat dottrtne cannot be of God % which to the eye of fount reafon > doth unavcidably ( ifprailifed ) overthrow God's order for fetitng Sccietyes , and open a gap to perpetual fedtrtons againft Magtjiratcti .-and null pleafe wicked male favors well, being a procla- V mat ton to them , when condemned j to violent the Magistrate -- for the \ matter is referred to each particular perfon to judge of his oyvnefutfer- r. ino , and his dsfcretive judgement musl deter mtne htm to re/iftj] jjj Anf\ Here is a heap ot words , but no finewes of an ar- \f gument > This man is good at catching poor fimple ones rc that cannot difcerne hisrallacies : Butiuch.asare wife will F3 fmile at his confidence in reafoningafter this manner: For. n p- His doctrine 5 not ours , overthroweth God's order : It is P' Gcd's order that Commonwealths be preferved fromruinep and deftruftion \ that Magistrates should lay out themfelves, F and all their power for the good oftheRealme over which they are; for as Cicero fayeth eo referenda funt omnia us qui pr*,f tint alt is , ttt u cjf4t erttnt ezrum in tmpet'toftnt quambeattjfimt, and elfe- where ut ^ubernatcri cur fits fecund™ 5 medico falus , impera* tort vidoria 5 fc moderators % Rctpuhlic& be at a Qivium vita pr> % pejita eft. But by hisdo&rine, if the Soveraigne will (and — how mutable and inclineable to tyranny the willof Princes m is, all ages hath witnefFed ) The Commonwealth is remedy-P- lefly gone; if he will deftrcy the fame, there is no help; if hfeifco turne Tyrant f and one wreatched Counfeller may in a short' Mi time byafie aPrince,that is not otherwife wel balafted,to this) : Br »j ruine is unavoydable. But by our doctrine, there is a rerr.ed^ fco to preferve the commonwealth from ruine; &more regairdiMibert to be had to this , which is the end , then to the Prince who jto: as fuch , is but a medium to this end. 2. Such as plead for the good of humane Societycs, should as much labour to pre-te: vent the utter overturning of the fame , as to prevent {edi- tions : Good phifitians will labour more carefully to prevent id- death? then to prevent a little diftemper or ficknefTe > yea and ftcij will caufea diftemper to prevent deftruflion : but this monte- : bank, if he procure with bis prefcriptions prefent eafe, earn not though the patient die the next day. But 3. Howd our doftrme open a perpetual gap to feditions? Bee; ( fayes he ) by our way every private perfon is madejudg< lo not only of his owne attions ? but of his fufferings,and K muf tt Reafons anfwered. 307 mull fuffer no more then he thinks meet. But i ♦ would he have all the Subjects becomeing more fen felefTe andftupide phen beafts ? Would he have them cafting away their foul & udgmenr, that they should have no more ufe of their reafon, o judge what either is commanded or impoled by peiu If he grant a judgement ofdifcretion in actings, how will he "ilvethe Magilhat's credite and honour, and prevent rebel- ion and fedition , if there be Inch a neceflary connexion be- mxt the exercife of this judgement and the confequent he ireameth of ? For difobedienceisa refiftence, as well js )on-fubmiilion to the punishment, i. Though we allow o every one a judgement of difcetion , ytt U(~' »I16n nan's judgement to be the rule of his walking: We fav not hat an erring judgment is a rule to walk by, .fore ve fay that a fubject is bound to obev i tes lawful ommands, though he in his private judgement should jc- :ount them finful \ fo we fay he is bound to fubmjt to lishment, which is juft and juftly it.. .ough he judge iherwayes: Yea we grant furder, he is bound to hV p unjuft fentences patiently, when he cannot b ible meancs shun them. Yea moreo\ int that in n ers of fmaller moment? he may lawfully I }f a little to redeerae more, or fave more from haz.: ;ueftionis, if the Body of aland era confiderab!e part lereof, ought ftupidly to fubmit to the loffe ol inds* :yes and Religion when not only they judge thefe to bs i hazard;buc when all who have eyes in their h ( ndenyaDle,being written on all the Dvver,5cpalpably&too too fenfiblv felt b eepa good conference, & ro be beeped free from th 'ickedncffe&apoftafyofthis generation. 4. Thoi: - vv malefactors, who, when attached, irnign ed, would not do what they could to drfii eath , though this queftion hid nc jr doctrine will not warrani fuch r Lte: For we judge it not enough that th noccnt and deferveno punishment. Ourca manifeft and notour, and a public k injury avowed and tr. Y 1 308 The Surveyor's Cap.XIV. tained: And will he think thatbecaufeaMalefaftorjuftly condemned to die, may not refill the Magiftrate executing his office. Therefore a Land may not defend themfelves, againft the KingsEmiflaries fent out to execute unjuft fentences, tend- ing to the ruine and deftruttion of Religion and Liber- ties ? His 2- Reafon 7^.44- is in lumme this [ Thatbythis way , Magi prates in doing their duty cannot be fecured : for it it not enough to Jay , let Magistrates rule rightly , and not opprefie , because that inthehcly permtjjlve providence of God , eft the bt ft princes are not be ft ufed ■■■ ■- - fome cr offing of the will of a froward, and furies party , may move them to fancy ther Prime a Tyranty and thereupon account ihtmfelves free to offer violence : And from reft fence they will goe to revenge {the fury of evil confetences instigating them) -- m hi ft one sit iv ill be found y that hardly did ever people rejift a prince > but in end it came to revenge ; and of times the beft prtnees have been Ivor ft ufed , at leaf as evil as the naughtteft , as may be feen a mongthe Roman Empcrours, and Chriftian Em per ours and IQngs : and amongft our own Kjngs ($c. ] Anfw. Lend us this argument, and we shall fee what to make of it. By his do&rine people Jrh can never be fecured from unjuft violence , or from continual m oppreflion and flavery ; for it is in vaine to fay , let them do & that which is right , and Magiftrates will do their duty , for do albeitit be true that faithful and honeftfabje&s, mayinthejpc way of their duty , expeft from God that he will incline the U hearts of Magiftrates to refped and encourage them ; yet in Jwli the holy permiilive providence of Cod, it comes often to tie paffethat the beft people are not beft ufed by their princes :L And this all hiftoi ies both ancient and moderne abundantly]^ demonftrate. This court divine is all for the fecureing of the. Prince in all his tyrannies & opprelfions ; and fpeaks nothing ^ for guarding the faifty of the people , which is the end , for u which Magiftrates were appoynted : And this is to pervert q^, theorderot nature, foto fecurethemeaneastodeftroy thtk, end: Forthatis to make the meanetheend, andnomore ,y- themeane. 2. We juftify not fuch Subjects as are unruly &Jt|]f feditious againft good Magiftrates doing their duty ; nordc we plead for Subjefts rifeing up in armes againft their Magi >hn: ftrates lye mai i\eaions aniwerea. 309 Urates, for every fmall injury, or when they deviate in a little from the right way : Let him grant to us , That fubjefts may oppofe their Magiftrates, and refift unjuft violence with vio- lence , when 5 in ftead of being Magiftrates they become wolves and Tygers j and in ftead of being pallors of the people, they become lyons feeking to deftroy anddevoure them \ and when they overturne the ends , for which they were appoy nted , and deftroy the liberties of th£ Subject , & overturne the Religion , which they were obliged & fworne co defend , in their place and according to their power , and we defire no more. 3 . If any under pretext of repelling of violence, shall unjuftly injure the Magiflrate , we approve not fuch , we juftify thetn not , let them anfwere for that thcmfelves. This is nothing to ourqueftion: if he fay that ourdoftrine openeth a gap to this > He is miftaken, for fuch as fay that the finful and unjuft commands of Magiftrates should not be obeyed , do not open a gap to all difobedience, even in themoft juft commands. And lince he will grant that unjuft commands ought not to be obeyed , let him clofc the door here, fothat from this there shall be no hazard of mocking the Magiflrate, when commanding jult and nccef- fary dutves ; And with the fame engyne shall wcclc: door> fo that when we fay that Magiftrates d< Reli- gion, Libertyes and what is dear to Subjects , may b we shall fecurc the Magiftrate from violence and oppoli when he keepeth within his fphxre, and doth his duty, the matter paffe from refiftence to reve; ipprote it lot y if the pride and haughtinefle of the fpirit of Fnnces be hecaufeof this, let them fee to it, and labour to prevent it, >y condefcending to the juft & equitable demands of their op refled and grieved fubjects. 5 Wc done God nay ftir up an ^IfAome and other confpirato: \ . Gra- rious David , for his owne holy ends. But , in rovidence it is to be fcen, that good Princes , . rhen dead, have had mo then thers, who have been molt flagitious and vn i< kediTI »f the l flame by a conspiracy i did not ctrtane fouldters with naksd fwords dtf patch Cajus the nephew c/Tiberius } was not Nero murdered by one of his familiar and dear friends f Had not CA\> a the like end, Otho & Vitellus, who all three reign- ed on'j Sixteen moneths * what shall jfpea^ofTltus nhom Domi- t ianus po tfoned, alt bough he was his oswne brother t what fayefl thow of Commodus i ■ what shall /fay of MarcitlUS ? did not the fosildti rs ufe htm like a captive , about Byzantium , and cruelly put ktm to death ? what shall I fay of Maximinus whom his owne army dif patched-- were not Gd\\\lS> X^VollifianuS murdered by their owne army} had not itmilianus the liig mt (tr able end — But ftnee Conftantine began to r eigne - was there any one Emperour tn that city ( Julian a man of thine own Religion -only excepted) that wot murthtredbyhisownefubjefls}'] It were an endleflc work to run thorow hiitories, and show, how for the moft part, (contrare to what he fayes ) thefe Kings who have been refilled by their Subjects, whether in the time of Heathenifme , or fincc Chriftianity was profefied , have been moft flagitious and wicked? Sure, if we should goe no further but to our owne hiftory, we shall finde this put beyond all'queftion, the ^«rz/^rhimfe!f being witnefie , who fayes Pag. 78. that the inftances of oppolition made unto the Scotish Kings adduced by the ^tpolog. were but [,,the infurreftion of Nobles againft] „ the Kings, and violent opprdijonsoriuch of them, ashav „ been flagitious and tyrannous.] And thus he contradið, whathejuftnowfaid. But to what purpofe is all thisftiri Hefayes, but can he prove, that weaflert, Tint any party cf the people , when ftrong enough , may get up n King and all Magiftrates, when they judge goufly and mjurioufly with them J Su:e the t which weaffirmeis far contrary to this, as!, times shewed. We know that [„ the evil wit of aieditious „ party can foon paint the Bell King as a black and ugly 1 y- „rant; andweknowalfo, thitthee\il witof ahiredcouit- parafite , and bale flatterer can paint out the blackeft Aero , or QaltgiilA, or a HtUogdkdtiS; as a biave and vertuous prince. And this is nothing to our cafe , when the acts of Tyranny and op- freiTion, are as legible, as if written with the fu;. t behoved to be ftiange vi:mi!ion that would fen theapoftafy, perjury, opprellion and tyranny of the now Prince and Rulers, appear whit and comely; and he needs no greatwit who would painte out thefe groife.. ibrmeof ugly Tyranny : Yet w::h all we shall willingly grant to him, that, »[Al! the fearers of God should iv. , , indure foine aits of real tyranny, then by doctrine or p: 3, ces of refiilence , open a door to the deitructionot j, Kings byapauy not of their fpirit, but lurk » pretences ) and to the continual diflblurioi „ and defolation of humane focieties? ior this is not wcareagainft : Some acts of Tyranny v\. endure , provideing he will grant us liberty buth to uacn &: practife refiftence , of tyrann two , but many; uor aftsof 1 yranny in final l< iderablematteis ; but fuch as tend to th trueLibertyes ( bjeft, to the overturning oJ a( ...:ion, fv\« degi pie; hovvbeii men ot corrupt ;. of another fpint j should lurk demand oi in a good mood, That!:. of God, as not too tence unto realty: istooper. . V 4 3 1 2, The Surveyed Cap, XIV, *ndSubjeftionpaffive, hath been fpoken to formerly, and it is needleffe to fill up pages with repetitions, as he doth: only whereas he citeth ^polog. Pag. 376, £$ 377. grants ing that fubjeclion is neceflary , and fuppofeth that this is repugnant to what Naphralt fayeth , He would know that he is in a great miftake, for the queftion there is concerning o- bedience in things indifferent, or of fubmitting to the penalty, and that by a few privat perfones j and though in this cafe a fingle perfon , who will not obey the Magiftrate in thefe matters;muft.yeeld the penalty , and fo acknowledge his fub- jeftion i it will not follow that a multitude or a Community, forced under intolerable penaltyes to afts of impiety and hainous tranfgrellion, and who can defend their rights and juft privileges palpably and iniquoufly violated , may not repel fuch unjuft force with force j & refill intolerable tyran- ny , abufing the ordinance of God to all afts of wickednefle ,v and to the overturning & deftroying the very ends of govern, ment? And to this Napbtalyfytdktth Pag. 18. So that he but gives vent to his profane Spirit, to cry out, as he doth Pag. 46. and fay ^, Good God ! to what times are we referved 'i to feefo „ certane truths, that may be reckoned among theimmo- ,, yeables of Religion , and the ancient land marks removed* 3> by an upftart furious Que, who by their new principles 3) lasfalfeasnew) feek to confound both Church and State ? ,, The lawfulnefie of privat men's counter a&ing, and violent . , refiftence to a whole Church & a whole State, is a maine ar- 3> ticleof their new faith , & to do fois one of their new com-. 3,mands added to God's.] For 1 . It never was a certane truth, noreverwas reckoned among the immovables of Religion (except by Court divines, Scbafe flattering Sycophants, whole maineand only Religion was and is, to pleafe the King, that he might fill their bellies ) thatabfolute and illimitedfub- jection was doe to Princes by the whole body of the People, fo that if he should fend out Emiflaries , like fo many wild Beares , to kill Man , Wife , and Children , Without Colour and pretence of Law or reafon , People should do nothing but call open their brefts , and hold up their throats , $fut they may be devoured ac once: what foundDiyine fayeth Reafons Aniwered. 3 i 3 fo I What found Divine putteth this brutish fubjecuon among the ancient land marks? Yea what fober Royalift ( that is not with this Survtytr intoxicate with Royal gifts , till his brainesbecrack't, and his rationality brutified ) dor pofitively averre that this is to be put among the immoveables of Religion? 2. This principle which he calleth new, as falfe as new , is an old truth verified by the practices of all ages, and is as true as old ; which he might cafily fee, if his new dignities and gifts had not blinded his eyes, and made him as falfe and perfidious , as he is notour. 3. He tells (that our principle tends to confound both Church and State, ibecaufe we plead againft Tyranny either in Church or State j a pretty reafon 1 Becaufe we plead for that , which tendeth Jtothe prefervation of Church and State, in being and puri- jcy; therefore we plead for confounding Church and State? jwhereas his principle of Tyranny , in Church and State, is Sthereadyeft way imaginable todcftroy both , as hath been feen by many fad and dreadful examples , before our dayes . ^4. This man who hath perfidioufly renunced his Covenant (with God, and avowed his perjury to all the World, and his palpable breach of? and calling behind his heels the third command, talks of our adding new articles to our faith, and a new command to God's ; becaufe we w'll not deny the rinciples of nature , nor grant that free - born fubjech are ves or brutes : And with him, Tyranny is the ancient nd-mark, and the chief poynt of his Religion, and a : 'cleof his faith , and one of the grand commands of the e. But many know at whofe girdle his faith and his Re- on hangs: But we will choofe none of his Religion, pim- ples, articles of faith , or commands ; Forthes ith the Court: and we knowCourt Divinity is aco~- any colours , faire and fashionable , but fiich I ither keep from cold, nor cover our nakcdncllc , fj e from Ood's wrath in the day of accounts. T 5 C a p. XV. 314 iheobj.tromAutnor. Cap. av Cap. XV. Some other Particulars , alledged by the Survcyer > againft us, examined. HAving in the two preceeding Chapters anfvvered his maine & Cardinal Arguments > our labour will not be great in confuteing what followeth. He fayes Pag. 11. We shake hands with many Papifts, aflerting that anyperfon, unjuftly purfued by Magiftrates > may defend himfelf by armes , and (lay them if he cannot otherwife efcape, no lefle then Robbers or cut- throats. Thus hecan. Tom. 1. contr. Tracl.^. qugeJJ. 8. & Swate^ contra Reg. Angl. Lib. 6. cap. 4.$. 6. So Aqutn, 1, 1. qu. 70. A%t. 4. c. ] To- which we an f were 1. That the queftion, which thefePa^ pifts lpeak to, is different from ours: We fpeaknotcon-* cerningvvhat a privat ilngleperfon may do when arraigned and unjuftly condemned , but concerning what a community may do, when unjuftly opprefled &perfecuted byMagiftrats, contrare to their truft and oath j z. We fpeake not of pri- vate perfons killing Magiftrates at their own hand; but of privat perfons or a community their defending themfclvesa- gainft unjuft violence: And this truth which we maintain,was owned and pra&ifed before ever any Papift put pen to Paper, hiexthetellsus, That Mr Calvin is of another judgment, Jrrfi Ltb. 4. cap. iQ. §.26,51. To which weanfwere i Mt> Ci^wisaftcrting that wicked men may be Magiftrates , and No that fucha though wicked, while they are in office, should be acknowledged as God's deputy es; for, (fo fayes he §. 15.) fjhfhmw* deternmo hoiioreqve omm indtgniffimo penes quern mod* /it public a pot eft as, pr&claram$Udm($ Drvtnampoteftatemrcfdtrc f f"^w Dmnmu jusltttA ac judicii fm Mwifltis verbo fuo detultt ; promde a ffibditts cadem in reverent ta \3 dtgnatione, habendum , quantum ad public Am abedienttam at una , qua optimum Regem , fi d.nctur, babttuu ejfent.~] And in the following Sections sheweth that fuch ought to be fo accounted who are in the pofTellion of the Throne, whatever way they have at- tained to it, as xebucbadne\z,«r (who yet was but the hammer of And other particulars examined. 3 1 y of the earth, /enm.^c: ver.i$.) Belfast, and the reft, of that Kinde, and therefore §♦ 29. he fayeth [/June reverent U& at que adeo pttt at h ajjeclum dtbcmu* ad exttemnm pr after it noftris omnibus quaLscuvque tandem fiat.] And would hive US$,31. carefull not to rub contempt upon, or to violent the office, or ordinance of God , even in fuch ; which we eafily aiTent unto : Becaufe that this is not repug - nant to a finlefTe felf - defence , and refiftence made to their open Tyranny , when feeking to deftroy Religio^ , Libertyes . and every thing that is precious and deare unto the Subjects. It is true, fome - where his expreilions feerrj to condemnerefiftence, but that which we have mentioned is the maine thing he prefleth: and he doth not fpeak to thee ale ofrefiftence particularly. 2. Though we should grant that in this particular Calvin is not ours ;yet the Surveyer muftknow that §,31. he is againft him alfo , for the Surveyr putteth Parliaments & all inferiour Magiftrates in the fame condition with private Subjecls ; and yet Calvin fayeth that fuch as are as the Efhari among the Lacedemonians j the Tr/lm/.s of the people among the Rom.ms\ and thcvem and to the teftimonies of others following, That the cafe which they fpeak to, is different far from ours : For with us, both King and Subject are bound in a folemne Covenant to God, tomaintaine and promote a work of Reformation , tad upon thefc tearmes did our King imbrace the Scepter.and became obliged by conditions unto his People : And fuie wore may be laid for our defending our felves, our Covenant, md our Religion, when unjultly pcrfecuted by the K :hen for other pnvat Subjects, who are ( by Gods Provi- -' ) under Heathen Princes, or conquerours , or tin- ier Princes of a different Religion, and who has «y or immunity covenanted unto them by thele Pun- 216 Obj. from Authorities. Cap. XV. Then he ciceth fome pafiages out of Peter Martyr's Loc. Corn claff. 4. Cap. 20. Pag. 680. 0 c To which we anfwere: 1. The queftion which he moveth Pag. 68o# dothnotcon cerne us \ For there he fayes that meer privat perfones maj not depofe Kings or Princes > or rife againft them for this end, Vt cos a dignttatt , feu gradu fuo deturbtnt. Now this is not our queftion j which is concerning neceffary felf- defence in cafes of extreame neceility* 2. He grants it lawfulltoinfe- ripur Magiftrates, who fet limites to the Prince, if the Prince violat his compacts, and break his Covenant) to force him to ftand to his conditions > enm tn ordmem cogere , at vi redigere , ut condit tones £5 facia qua f iter at folltcitus > cornpUat , tdqtie vel armts cum altter ftri non jfofft/. Our burveyer will not aflent to this w hich Martyr fayeth, not withftanding he account him one of the moft learned of our Proteftants . 3. It is true Pag. 6%z. he would have private perfones endureing a Tyrant , who commands contrary to equity , and good Lawes, and iuffer him patiently , as we are to fuffer patient- ly ficknefle . But who feeth not , that notwithftanding of this patient fubmiifion, we mayufe refiftence, as we may ufe refiftence, by all lawful meanes . toficknefleanddifeafes. 4. Though we should yeeld that fuch a Tyrant as he de- icribeth should not be refilled , viz. luch an one as com- inandeth centra ^uumbmum ac leges , yet our cafe is different : For not only are there fuch adts of iniquity commanded ; but alfo Subjects are compelled by meer force and cruelty , to con- lent to , and approve iniquous courfes ; and our Magiftrates are in a fingular manner obliged toprofecute the Ends of a fworne Covenant, which the Sub jeftsdefire to adhere unto, and for adherence thereunto , are perfeared in a moft inhu- mane and cruel manner. So that this is tyranny of a higher k nature , then what Peter Martyr fpeaketh of. In the next place he ciceth Rtvet.tnDccal.Pag.zi$>and 135. jj But we anfwere. 1. Rivet granteth it lawful unto all > vim vt I wdlere to repel force with force, and proveth it. 2. In k the place by him cited , he is fpeaking of a private man's re- • : fifting the violence of another 3 who , if ( under pretext of \ cxponeingthelaw of Nature) should avenge hirafelf* ?ri* h VM9 1 ' And other particulars examined. 317 I vd/o appetttu-vei cmtHmaaa^or raife feditions againft the Magt- ftrates , he should but abufe his power and liberty , and this we grant. But our cafe is of a Community, to which Rtvet fpeaketh nothing. Yea 3. in the other place , though he will not have a private perfon kill his Father or a Magiltrate , in his owne defence; yet he granteth it lawful to refift, fo far as can be j to hinder our owne deftruclion [id (fayeshe) mos abfAute fenttmtts de Parente $5 frtnc/pe \ auibtta licet qutdem ftf/Jtere , quantum td fen poteft , cnm wvadunt tnjufte » tofne tU imfedtdmus fermctem niftram . ] Whence it appeareth that Rivet is much for us -7 for he acknovvledgeth it lawful for a private fingle perfon to defend himfelf, as much asispof- Sble , from the unjuft aflaults of Princes, jMuch more then shall it be lawful for a community to defend themfelvesa- ;ainft the King's EmiiTaries. After Rivet he citeth Dt Ames con fcaf, lib. j. cap. 10. But Doit. Ames fpeaketh nothing againft us , for he is fummarily holding forth what is the duty of Superiours towards their inferiours, and of inferiours towards their Superiours \ and imong the dutyes of inferiours, hereckonethfubjefticn and obedience , but what calleth he this Jmtjethm ? Doth he meane thereby a ftupideandabfolute fubmiiiion to all aft s of Tyranny and opprelllon I No , but fuch an acknowledge* pent of their power & authority as hath with it a care to pre- ^rve the fame unhurt. Now this is confident with refi- tence in cafes of neceffity ; A community may defend :herftfelves from unjuft violence of Magiftrates , and yet ittempt nothing againft their juft power and authority , but abour tenderly to preferve the fame. 2. It is true, that he ayeth all violent iniurrection is oppofite hereunto , andalfo :ontempt : But that is violent infurreition againft the power :nd authority, and not againft the perfon who is abu Icing his >ovver to the ruine and deftruction of the CommoRvvealth ; no body will deny but tyranny , and the Tyrant as fuch, ybe defpifed and undervalued , without wrong to the •ovver and authority it fdf. So may that be refiftcd wr ri- me violation of the power. 3. It is truehefayeth that fub- eftionmaybe, where there is not ol edience, but \x favcth 318 Obj. from Authorities Cap. XV, laycthhe doth this fubje&ion confift? infabmifiaretufirione okdieritt* , quAndo tlUeitum efft cotrflat quod a fupertore mandAtur ; tn a fubmtfjive refufeing to gtve ohedifcnce. And this is fome other thing, thenaftupidefubmiffiontoall afts of Tyranny* A.s This fame Ames cay. 15. where he is fpeakingof Magi- itrates and Subjects , and shewing the duty of fubjects unto them, puts fubjettion and obedience together $.16. Wherefore, as hence it cannot follow, becaufe obedience is due unto them , when they command things juft and agreablc to God's Law; that therefore obedience is due unto them > when they command things unjuftand repugnant to the Law of God: So nor will it follow, that becaufe fubjedion is due unto them, when their power is not abufed tothedeftru- ftion of the'Commonwealth^herefore fubjedion is due unto them or non-refiftence , when they tyrannize over the con- fciences , ftates and bodyes of their fubjefts, and laboure to overturneall. 5. It is true he fayeth C4/>. 31. §. 10. that the perfon invading may be fuch, and there may be fuch other circumftances , as that the perfon invaded may rather choofe to die , as to Kill : But that fpeakes nothing to our cafe, which is a refilling of the King's bloody emillaries, not by one private perfon, but by a Community: And fince D. Ames in the fame cbaft. $.4-5. &c thinks it lawful for a private perfon to defend himfelfeven by killing the aggreflbr, when there is no other remedy, he will abundantly juftifyouf praft ice> And likewife he alio weth this defence even iq the behalf of Others §. p. Reclc ettAm extenditut ad defirfa~ ntm non tantitm noBi nm , fed £J al/orum innocentwm : Hoc emm^ fifttdatlexy utproxtmxmddtgamus/tcutnostpfos] And therefore Ameftus is much for us. As for the two Papifts £/?//* and Toilet whom heciteth, they fpeak not againft us, who plead for the Liberty of felf defence unto a Community againft the Magiftrate, and not to every private fingle perfon; neither plead we for a power of Killing Kings. And if they were againft us he could not have much reafon to fay , that we joyned hands with Papifts* Thus are all his authorities from divines anfwered > let us fee what he fayeth further. He And other particulars examined. 3 1 9 He tells us Pag. r.^.%6. [ That when Lex Rex had in fever- 3>ral places (fuchas r^.313. 314. 311. 4*3-) vented that „ principle in reference to the civil goveroement. That no man >, tt bound tn confctence to fubjecltcn pajfsve under un)u(i punishments 1, tnHicled by the Magistrate , more then to active cbedtence unto un- it lawful commands ; * and thatpajftve chedtence u^der un.uft fentcnz- iy et czmes under no command of' God ? Tea that tt is a Jin againft „ God's command to bepafirvely fubjecl t* unjuft fentehce s,and that tt y^tsan acl of grace and -venue , for a man to rtfft the Magistrate vio - 3, lentiy, when he does htm wrong : and afelf mttttter again ft thefixt yy command , not to re ft ft when he offers to take away the life w/th:ui ~t/hout law: They were quickly apply ed to the irchby this man and his party, who pleaded for non- litfionanto, and counteraftingofall the judicatories, yy Whenfoevcr the perfones injured thought the fentence 9> wrong and how well their practices in the Church E do homologate with their practices as to the State , we .. now fee; for it is the way which they clearly owne, JPkhat every pcribn ( when and fo long as they are able , or ,jable capacity, to aft violently againft the Ma- tte) ought to counter- aft him \iolently , when he the Magiftrate wrongs him (for this muft be referred „ to eve: y rr.in's private difcietive judgment, as SapktMj tells y, us Pag. 141.) « ■ ■ ■ How contrary fuch principles and n practices of privat mens non - fubmiilion to, and countera- „ fting of Church Judicatories ( fuppofed to do wrong ) arc „ unto the Word of God } how fubverfive of Church govern- ^ment; bo nftoryof fchifme, herefies andallmif- fs into the Church , is well difco vered by the learned „ Reviewer of the pamphet intituled presbytery no papacy , £?<"• * And.with equal rcalbn, may the fame grounds bemadeufe „ or againft this man's inciteing all private perfons, to ,, counteract the Magiftrate violently , when they think „ he doth them vvici.g , or when the) account their lent e „unjuft.] Anfw. 1. It ic a poor defence of a weak and totteiingciufe. to follow fuch courfes as this Jwnmt* doth. To wi eft and *virc-drawthefayingsofh;sad\ isSOthn I of 3 20 Obj . from Authorities Cap. XV. of confirming his owne opinion , nor a folid way of confute, ing his adveriaries. He fets dovvne fome fencences here: as aflertions of Lex Rex : And if any will confult the places cited, they will difcover unhandfome dealing. I shall onlj fet downe what Lex Rex fayeth , and the Reader, when he compareth , may judge. Lex Rex fayeth Fag. 313. [„ That 3, patient bearing of evil and refiftence , are not incompatible 3,inone& the fame perfon] Pag. 314. He fayeth [„ one act oi 5) grace and vertue is not contrary to another , Refiftence is in 35 the Children of God , an innocent aft of felf prefervation, ,, as is patient fuffering, and therefore they may well fubfift ,,in one,] And;WLNeither fuffering formally as fuffering > „ andfo neither can non-refifting pailive fall under any moral „ law of God, exceptintwo cafes] />4£. 32.1. [„whenaman 3, may preferve his owne life , and doth not that which Na- „ tures law alio weth him to do , rather to Kill as be Killed j „ he is guilty of fclf murther', becaufe he is deficient in the 3, duty of lawful felf defence.] And Pag. 4^3 [It is not dis- 3 , hononrable to the Majefty of the Ruler , that we deny p*f- 35 five fubjection to him , when he punisheth befide his war- rant, morethenitisagamfthis Majefty and Honour, that 3, we deny aftive obedience, when he Commandeth illegal- ly.] I shall not trouble the Reader with words, to difcover the difference betwixt what Lex Rex fayeth, and what this Sur- -ueyer alledgeth he did fay ; feing the judicious and obfervant Reader will sine momtorezitAy perceive it. 2. What the Surveyer driveth at in making this parallel now* may be obvious to any, even to imbarquewith himfelf and his party, the few of thofe who were for the Publick Refolu- tions , that have hitherto gotten grace of the Lord to abide faithful , and not to fay a confederacy with all > with,whotn this Apoftate generation hath now bafely confpired, againft Chrift and hisinterefts. But we hope that thofe few will be fo far from intertaining their former prejudices againft their faithful and affeclionat Brethren, who withftood thefe Refo- lutions, and owned the Proteftations; that on the contrare, perceiving themfelves miftaken as to what they feared , con- cerning the Protefters, as if they had intended Co overturn all And other particulars examined. 3 11 all discipline and Church government , and to fide with Sectarycs; fince themfelves have now feen fome of them owneing the fame Unto death, and becomeing a martyr upon the account of Church privileges, & alUhe reft (fcarce three or foure excepted ) abideing faithful, and fufifering upon th:t account unto this day > and fince with all they fee thefeares of the Protefters, concerning the inclination to Malignancy : and Prelacy, of the far greater part of thefe, who ftifiy main-1 tained thefe Refolutions , now verified beyond all contra- diction ^ and that their objecting , that the major part of the Miniftery was then corrupted, was too too true -and too well rounded,which things, if thefe faithful men who now ftand, adbutfufpe&edthen, as now they fee with their eyes, they would , ( we are confident ) have forborne to have fided with them in thefe debates , and much more heartily have concurred with the honeft propofals of the Protefters , For a through way of purging the Church of. fuch corrupt naughty perfones , as have now moftbafely betrayed the in- tereft of Chrift , and departed from their profelfion and Covenant, and made that Church a hilling and a by- word to all nations, by returning with the Sow to the puddle and with the dog to their vomite. Thefe worthy men , I fay > perceiving now how far they have been miftaken not to :heir grief but to their joy (as famous and zealous Mr Wood one ot their number,did before his ficknelTe, after fome heavy groans, plainely profelTe and declare to a credible perfon* yec on life to verify the fame, if any should queftion it) will be To farr from owning this man and his principles , that they will rather , ( we hope ) condemne their former practices, fnot altogether yet in fo far at leaft, as it isnowvifi- Dle they did tend , to the fetting up of an arbitrary govern- ment and tyranny in the Church , and are now improved by :his Surveyor to continue a Tyranny in theftate. Sure they lowfee, what fome at leaft of thefe, who were very a&ivc ind forward to fcrew up that debate tothehieght, and to >refle an abfolutc fubjedion, might have been diiveing ac inder hand, though they made fuch faire profcllions of their irme purpoie to adhere to prcsbyterian government , as X moved ir 32.2, Obj. from Authorities Cap. XV. moved others to entruft thenwvith the management of their affaires at Court , and while entrufted therewith , deftroyed and overturned the whole government, fo that now they will be loath to fay as the Reviewer did Pag. 5,6. [1 hat the tnnocenty cf his agency , to prevent the evtls the protefiers were endeavouring to bring upon this Church , and hts carnage .and integrity tn managing that Truft , are fo well \nownat home and abroad , that we be lee ve he needs not wwe Apologetic kj agasvjl the /landers of thetr tongue or pen.] And rather blush wheivthey read or remember this: & we arc hopeful that fuch and the like perfidious practices well pon* dered, will not only contribute much to re-unite them in hear- ty affe&ion, unto their faithful Brethren now in the fame fur- nace with themfelves , for the fame caufe and imereft; but alfocaufe them refleft upon their former proceedings, & con- fider what a natj ve tendency , that which gave the rife to all |k that debate, had unto this, which is to day our fin, our shame* and our Sorrow , that they may joy ne with the Reft of the faithful of the land, in mourning for fuch national finnes* Whereby the wrath of God may be turned away from us j and theChurch reftored to her former beauty and integrity ,im the Lord's good time. 3. JtisManifeft, that this Surveyer, whoever he be, && fome others with him , had fome other thoughts in their heads at that time, then they durft exprefle ; & finding the far greater part of the Minifterie corrupted , would have had the reft refolving upon an abfolute fubmillion to all their determinations, though they had been openly & avowedly to introduce prelacy , yea & popery , &to have fubmittea to their fummar cenfures of depofition , & what elfe they thought good to inflift , without the leaft refiftence or coun- teracting , & thus to have patiently fubmitted, to fee Chrift Schisroyalltruthes banished out ofthelandby ecclefiafticalh afts, & Popery &Prelacy re- eftablished by horrible iniquity:: ifl Though we were ever confident, fuch as now through graced abide ftedfaft , had no fuch thoughts or intentions. 4. This Surveyer dealeth with all alike: as he mifrepre-i* {cntedLexRexm the civil debate, fodoth he now mifrcpre* fentthe pweftewia the Church-debate; fox when or wheri And other particulars examined. 3 13 lid they fay > That perfones were not bound to fubmit, but :o counter-ail all the judicatories of the presbyteriali govern- nent , vvhenfoever they thought the fentence wrong & un* awfull > Did they ever aflert that a mans owne conicience, >vas the only vvarrand and ground of his fubmiilion or non- .ubmiilion , or of his obedience , or difobedience t j. So doth he abufe &mifreprefent Naphtaly, as any will fee *ho confidereth his words in the place cited, which are thefe; Wow how a dtfcrettve judgment in thefe cafesy both f unrighteous com* wards , £5 viewed violence y &fpeciallytn the later, which ts (by ar ) the more fenjible > d-tbnectffartlyrtmaine rtththc peiple y apoftacy j c all courfes tending thereunto3 & fo goeon as before ch- appy difference broke out, with zeal, &unanimi y. There- ore we shall forbeare to examine what that Rc\ icwer , of rsbyteryno papuy, (aid: And though we i*ndc that I f what the Survyer fayeth here, is borrowed from ^viewer , &isani\vered already, as toourpurpofc nde the Revkrer grant leverall things, which will eftroy the parallel, as to our cafe, &: she [> have been but a fool in mentioning that pamphlet i Or I- HePag. 104. fayeth Ifedonotw; tter betwixt us y in matters of dudrme , or .u tales of faith , in 'shipe , government, nay nor rules of dtfcjulwt.] And ,tsasmuch>asthatifthe^^w^//^tand 1 power ot 3 24 Obj. from Authorityes of Chrift's courts be abufed, and corrupt do&rine and pr; cticesprefled, he would not be for fubmiffion: And then fore upon this ground? waves the arguments of the protefter: taken from the inftance o$AthanaJiws not fubmitting to th AridM* depofeing him for aiTerting the divinity of the Sone o God ; and the 1 1. Arg. making a liippofition of enafting th Mafic , and all the herefies of Rome, faying [ For when Chun* judicatories deny homage to the Sane of God andreturne to Rome: If c shall not debate the poynt of non-fubmiffion only with them , bu shall run from them as from Synagogues of Satan.] Upon this fame ground he waves the argument i $. which did shew that thi; lubmiilion lvas prelacical : And the paffage of our confejfw effaith ratified An. 1567. which is thus? art* 12. [So far*. the Council prove th the determine/ton and commandement that s, gtveth , by the plainc word of God ^ fo foon do we reverence and im brace the fame'^but if men under the name of a ConnctUpretend toforgt untn us new article* cf our faith 3 or to make co vfiitutions repugning u the word of God, then utterly we mutt refufe the fame, as the doclrtm ofdevtls , which draweth our fouls from the voyce of our only God , h follow the dochtnes (3 confutations of Men. ] So doth he upo n t hii ground lay by what rhey faid Pag. 49. [ That by thts fubmfim there w^ts no remedy , but that , at oneQroke , the precious inter eft 0 C/ rift and tr uthes of God muft be borne downe-> and buryed in oblivion and the Saints and At snifters of the gofpel be buryed under the rubbisl. thereof] As al.fo their ^rg. ij. which dici shew , that thi: unlimited fubmiflion did [Leave the Church deflttute of all Eccle fiafitcal remedies > in the cafe cf a general defection, and open a wtd § do r for making the government of the houfe of God degenerate tntt i Tyranny , £Jc] And their i Argum shewing how contrary k it was to Scripture, and how hard it was to fay that a mar if duely qualified, being fufpended from the Sacrament , 01 horn the exercife of his jviiniftery , or excommunicated, be« cat/e of his preffing and holding forth fome precious Trutt of God , which a Church judicatory condemneth for alio ^ should fubmit: And alfo their 8. Arg. Pag.10%. whiclre V\as this [ What is denyed jure to Occumentck Councils , andf %{ Uvfu'Uy called Prophets , no. though he would have fubmif- fl(ion, in the matter of difciplir.e, where the hazard is only ^ perfonal , and a mans fuffering is not unties to difturb a well fetled national Church, where doctrine and vvorshipe are in their integrity ; yet he thinks the cafe is of greater mo- ment, when a National Church in hef judicatory es intro- juceth falle doctrine , and corrupt vvorshipe, to be impofed jpon a Church : And lb dar not affirme thai fubmiiiion is in .his cafe due. Why will not the Suiveyer take notice of this Sc $rant fo much in our call* I We should readyly grant tn him , hat fubmiiiion might be yielded in frnaller matters , when he hazard was only perfonal , and the differing of one , or of l few , was not t**t*zs therefore to difturb the fetled Si ■herein the maine matters were keeped in their integrity.. Jut he cannot in reafon demand more of us j ( if ch iold) or feek fubmiiiion , when Higher poweis are overturn- ig the precious Truthesof God, and intcieits of Chrift, re deftroving a glorious work of reformation. ^ all o open and avowed perjury , arc dc ights, libertyes and privileges of th i , and rrannizing overtheii X 3 3 %6 The obj . from Author. Cap. XV fciences. 3. So tender was the Reviewer that Pag. 115. hi would not urge fubmHIion to fentences of inferiour courts when appeales from one judicatory to another could not b had; yecibuntender is our Surveyer that he will have abfo lute and unlimited lubmitfion yeelded , when he knowes tha not only is there no liberty of appeal granted, but not fo mucl as liberty to petition and fupplicate, to get any thing that i amiffe righted. Thus he would have the whole land fuh mitting to meer and cruel tyranny* 4. Pag. 119. the Re viewer laid \We never afi \rted a judicatory might be contra-acledii. no cafe, as we cleat ed before] far kfle willheafTirme , thataju dicatorymaynot be contradicted in any cafe, ibid. Hovi cometh it then, that our Surveyer doth not follow the Re T/zmr1/ footfteps ; butpleadethforabfoluteandillimitedfub million, in all cafes vvhatfomever. 5. Pag. 131. vvhenh< comes to that argument taken from theTyranny which woulc hereby be introduced in the Church, which would confe* fluently condemne defenfive armes ufed againft Tyranny 11 the State : He only fayes [That no learned man -would ever allot people to rife (far lefe a party only ) again ft a prince upon the accoun or. ly of the unjuft ftfftrtngs of particular per fines , while jet the af. fatres of t hurch and State were well ordered - while yet they adheret unto £5 overturned nine of the righteous things concluded in a nation. Sure then it will be allowed by him, that people, though th< lefler part , defend themfelves againft Tyranny ; when no only particular perfones are unjuftly fuffering , buttherigh* teous things once concluded and confirmed by lawes, Oathe: Vowes, Covenants, Acknowledgments, Declarations, & Proteftations, are overturned; the work of God razed to th( fundation ; perjury and breach of Covenant eftablished : Courfes laid do wne for a conftant exercife of tyranny and op« predion &c. againe. 6. fag. 1 3 4. [let once (feyes ht) ajudi* tatorygrowfo corrupt as to condemne si. e dutyts of peaching Ckrtft am participation of pubitckjordinances , in the very nature and ktnde, ana as to all frts cf pcrfons nniver filly and in that cafe we shal -without fcruple conclude them no n ue courts cfc hrt(} , (3 cenfequenti net to be fubmitted unto \ yea tn cafe fuch decrees wae published , vt, should held it a cafe cf confe fjion ft mtn&ers to preach . at. d people And other particulars examined. 3 xy ;. t$ frequent ordinances folor.g as tkey had liberty or oportmity.\ How | then can fubmiflion be given to thefe in power , who now £havedeftroyed the inter efts of Chrift, and will fuffer none lto plead or contend tor Chrift and his opprefled truth, or fpeak againft perjury and dreadful defe&ion , whereof the land is now guilty ? But, enough of this , we pro- ceed, Another particular which we shall here examine is that difcourfehe hath concerning i sam;%\ ver. 10. Pag. 65:64. The fiimme of what he fayeth is this. [ // tstrue ( fayes he ) the place , 1 Sam. 8: ver. 10. neither contradicts nor repeales that lav Deut. 17: ver. 14. — — But it is falfe that only the tyranny of a l without btingohnrx'wzs to humane punishment — , The fact k the manner cf Tyranny , but the permtffive power without funahment from fub]ec\sy is the jufl tight of all lawfvll I{mgs , .Though Samuel might havehere intended to dtfjwade the people ; yet his maine rntbition was to shew the people their duty under a I\tngs op- prefl on, what they were to fi is the old faying of Barclays long fince exploded by Althufius in his Politic, cap. 19. num. 58. thus \_ Impunity ( fayes he ) m commuting wtckednefe can make no right : Princes ha ve no paver to do evil , but only to help , com forte , and to promove the good and profit, of the people, Vafq.Lib. 1. cap. I. and 2.C.26". num,3>3. contr. Illuftr. ■ To do eviX'u no ad of power, but of infirmity that cannot absleanfrom doing evil> Vafq. D . L. C. 2 7. fm fo a company of Thieves, and Incendiaries , which can do many things , which they ought not, should be faid to do the fe things by a i'ngly right, and if this Jus Regium be under food of permtjjion > which de facto cannot be hindered , That is common to others , ms well as to lyings; for both a l mufthe a lawful power given of Cod ; ft a lawful power it muff* be > if it cometh from God , whether ft be from the f(jng tn his owneperfon or from his Servants at his command > and be etther put forth tn acls , as the power of a bill of divorce , was a power from Gcd , exempting either the hs^b and from punishment be- fore men , cr freeing the Servant who At the husbands command should iwrtte tt , and put it into the htnds of the Woman. J cannot beleeve^j that Gcd hath given a power and that by law , to one man , to com* mand Twenty Ihoufand cutthroats to defiroy and lyll all the children of God, £5 that he hath commanded his children to give their neckj and heads to Babel's fenes without reftfence. This I am fure is another matter then a law for a bill of divorce to one woman , married by free Election > of a humorous ar.d tncontlant Man* But Jure I am God ^avc no per mi five law fram-Heaven , U^e the law of divorce \ for the hardm/Je of heart y not cf thejewes enly , but alfo of the whole Chri- stian ar.d heathen Kjngdomes under a Monarch) That one Empe- rour may, by fuch a Law cf Codas :he law of diver ce, ^ttl by bloody cut throats all the nations that call on G(,£s name-} meny women, and Cue ^- ing infants.] •j. The reafon which he givcthP^.^4. is the fame that >£arcla*ns gave viz. [ To what purpofe should he have wrstm the X J man. a 130 The obj. from Author. Cap. XV. manner of the Kjng *» a book > **& laid tt up before the Lord after the YLtng ts fet over them i Sam. lower, 25. When there was no pleace for repentance , no remedy* no ufe of terrifying or diffwading them* the enly ufe of recording tt , was to teach the people their beheaviour toward* thetrl(tngy and patience under htm* and that it should not be free f 01 them to shake offthey^ks of his government , or to offer violence to him albeit he should over fir etch his power too far. Thts recorded was not the law of the King, Deut. 17. whtch was already peeped in the ark, wsththeref?ofthelaw.~\ Anfw. 1. Though the King was fet over them , he had need to have had his duty writen before him in a book , and keeped to pofterity , no lefle then the People should have ftood in need to have had their duty fo recorded. 1. To fay that it was to teach the People their duty, is but a begging of what is in queftion : And it is not probable that Samuel would write the rules of Tyranny in a book , and lay it up before the Lord in the Ark of the Cove- nant, feing he was to teach both King and People, The good and right way , 1 Sam. 1 i: ver. 23,14,25. 3 . The English An- notators tell us on the place, that this manner of the Kingdome; which Samuel wrote , was [ Not as it is commonly praclsfed % Chap, 8 : ver. 9 , . 18. but as tt-ought to be in a lawful and free Monarchy appointed by God himfelf* according to the fundamental lawes of the Ktvgdome , teaching what duty es the Ktng ought toper- forme tn the government cj his people , and the people in their fubjeel ton and obedience to their King , according to that description of a I\tng fet downe by Mojes , Deut. 17: ver. 143 (2C- £zjch. 4^ : ver. .9, 10. (3 Cap.^cwer. 16. Rom. 13. v. 1. iTim.i'.v.z,'} The Dutch Annot. fay , [ This is not of the way , manner and cuflome of actings which Kings fometimes take up contrary to law, but of the lawes which Samuel by C od's tn(l;ncl made or inaded , concerning the go- vernment cf I{tngs \ fee Dtut. 1 7 : ver. 1 8 . Qr of the ordinances for to mjlrucl as well the King 05 the Subject. And Iackfon in his notes on the place fayeth , [ » That it was both the duty of the ,) King towards his Subjects , and of the Subje&s toward ,, their King ; andihefe were the fundamental lawes of the 3, Kingdome: and this book was carefully laid upbeforethc ,. Lord, fayeth he, 1. for the fure prefer vation of it, 2. to „ fignify that even thefe civil lawes were the ordinance of Cod? which And other particulars examined. 331 «jfvhich men were bound to obey, not only for wrath, but at fo fit t\» confetence fa^e , Rom. it,, vet. 1, 5. 3. To intimate that ,, God would take care ofthefe lawes, to uphold and main- „ taine them , and to punish thefe that should vilify and break *, them ] Cornel, a Lap. and Ljrahy the fame upon the mat- ter, Deodat tells us that ,, fit was the fundamental lawes of the ,, Kingdome, infpired by God to temper Monarchy , with a „ liberty befitting God's People, & equity toward a nation -- >, to withftand the abufeof anabfolute power.] But this 6*rv. layeth that all this is but aguejje wtthout ground. But what are his reafons } [ Had there ( fayes he ) been any fuck fpectal fundamental lawes, the Ten Trtbes had a fast e ground of pleading upon the fame , before tbetr revolt , but no jack thing ts heard of, and it ts as eafy to deny ft, as tt ts to affrme, that there was any fuch fun- damental law ] Anfv. Whether the Ten Tribes did plead this tn ttrmtn'ts or not , is not, it is true, aflerted or heard of, but it is undenyable that they did plead it upon the matter, when they required nothing but what was confonant unto the law Deut. 1 7. and becaufe it was refufed, they thought them- felves free to make choife of another King. 2 . What more force hath his denyall then ours ? we bring approved authors for what we lay, and he fatisfyeth himfelf with his ovvne word , and thinks that that is fuffkient to confute all com- mentators , even fuch as himfelf a little thereafter citeth and approveth in other things vh^ Eeodat. What (ayes he more? f The People clatmed no -vote tn fuch fundamental lawes -- and it was thetr tn teres! to be confulted with tn the matter \ Anfw. The People were fo bent to have a King upon any tearmes , that they confulted little their ovvne welfare and faifty. But Samuel was more tender of them , and they might have concredited that matter unto him , being a Man of approven integrity, and known to be one that fought their good, and had no good will to fctaKing over them, But fayes he, [hjdthey thought of any fuch Covenants or [awes fundamental, wheie- tn liberty might be left tl.em to rrfifl thetr Kings , crtA^eordn them ? how ea/tly could they have shewed the we Am fr o/SatDU diflw.t/. rJd, if theKtncbeeztl, wewtU tc/ift htm] ,-infw. This was done afu i the nutter uaS patt remedy, andal. 332, lliree gratia lap. av, they would have, and a King God would give chem in hit wrath. 2- We finde chap. 14. that they did refill himj when he was going to shed innocent blood , whether ac- cording to thefe fundamental lavves or not, is not much matter. 6. Though all which he defireth here , should be granted to him ? he would not gaine his poynt , unleiTe he should prove that this was a Handing precedent to all nations in all time coming. Which ere he do, he muft confider and confute, what worthy and renowned D. Vottius hath faid to the con- trary, in his book before cited* difp. Acinic RcgtoHthtAorum $.1. What he fayeth * Vag.6%. shall be confidered in the next chapter, and what he fayeth Pag. 69.70.71. is already an- fwered: for this windy man would feem to be voluminous, by filling many pages with the fame things repeated over and over againe , that if he cannot fay much for his hire , he may fcem to be at fome paines to fay many words > an<4 wafte much paper. And therefore we proceed to take notice •f fome other objett ions. Cap. XVI. Three Principall Obje&ions Anfvvered. THere are three grand objections which the Smveytr, here and there throw his pamphlet, maketh ufe of> and which feem to militate againft fome of our forementioned argu-. ments ; as. 1. That there were not ( in the cafe now under debate) inferiour Magiftrates , a Parliament, or the prtmores Rtgm, or the £f'iori> and States oftheRealme, concurring in that defence : and whatever may be faid in the defence of avvarre carryedonby thefe, againft the illegal violences and excreame opprellions of a Prince, will not warrand the infur- rc&i*n of meer priyat perfons. a. That in the cafe now con- Objections anfwercd. 3 3 3 n controvetted , it was not the Body of the land or the whole i)j Community that made this oppontion to Magiftrates Supe- c-jriourand inferiour ; But only a finall inconiiderable com- pany , in refpeci of the whole land : and fo though it should be lawful for the whole body of a land to joyne together , to defend themfelves againft the tyranny and opprcilion of a Prince , without the conduft and concurrence of inferiour Magiftrates -y yet it will not hence follow, That it is lawful for any part thereof, to ufe fuch refiftence. 3. That the party, which lately made oppofition, had no fufficient ground to take armes , fuppofe it had been lawful in its owne nature, there being no fuch provocking caufe or occafion given by the Prince. And though it should not be thought very necciTary to infill on thefe now , feing^this laft was fpoken to in the clearing of the queftion , and the firft was touched alfo formerly cap.i. And all our arguments conclude for a People without their primates or Parliaments -, and So do many both of our arguments and inftances adduced, fpeake clearly & undenyably,unto the cafe of a confiderable part, though not the whole of the community , defending themfelves againft manifeft and unjuft violence ; yet that the matter in hand may be fully cleared, weshall fpeak alittle further to thefe three obje&ions here. As to the firft (though the furveyer be in maUfde to make ufe of it , unleiTe relinquishing all his brethren the Royalifts, he grant it lawful for people with a Parliament to refift, which neither will he nor dar he do ; And therefore we shall fpeak to this objettion , rather for the fatisfaftion of others. ) We defiie thefe things may be confidered. 1 . That as neceiftty did put people at firft , upon the con- ftitution & election of a Parliament , to manage their affaires, which they could not fo conveniently do themfelves,withouc confufion, difcords, and other inconveniences, which would neceflarily attend a communities meeting together, for carryingon of thefe matters : So it was the certaneex- pe&ation of their profite and advantage, that did prompt them unto the fetling of this frame and conftitution. 2. What. }34 Three grand Cap. XVI< t. Whatsoever power thefe Commifllonated , according to that frame and model condefcended upon, had or haveV is not in and from themfelves , but from the People, noleffe then the Prince hath his power from the People; as was shewed above : For no man can imagine any difference , as to the fubordinateand inftrumental rife of the power , of the Vftnce , and of the Ephon : So that as his power is from the People under God , fo is the power which they have. [Tkfe publtcl^Mint(lersofthe¥itngdowe {faycth Althllf.Pol. C.18. n. 3.) are chofen by the united and confoctated body of the people or members cf 'the K/ngdomey to goveme , take care fir, and prefervethe whole ajjociated body , and her ughts ; and are inftrucled with necejjarj power and authority , which to per for me they are obliged by oath.] 3. Hence, really the power of the People is greater then the power of any delegated orconftituted by them ; for the caule is more then the efteft : and the Parliament doth repre- fent the People , but the People do not reprefente the Par-, liament. Therefore the power of the People muft be more. His power who doth conftitute another , or depute him as a j guardian to fome bufineflc , or to overfee fome of his matters, 1 s greater then any power, which that other deputed or con* ftituted Curator hath. Parliaments then being but as Tutors and Curators unto the People,muft have leiTe power then the People have [mandans -vero)fayeth Althufius pol: C l8.n, 9*- ) vel tnj unpens altt rerum fuarum procurationem , eft tnftar imperantis^ rogant/fve , fufctptens vero talem admtmftrat'tonem , inftar obtempe* rantis , tnfer-vtentts , \3 offictum fuum alten praftantts.'] So that the Parliament is but a fervant to the People : and the power of aMafterisalvvayes iuperiour to the power of aServan; asfuch. 4. It is irrational to think , that the People in choofeing the Ephxi or Parliament-members , and committing the adf ininiftration of their weighty affaires unto them , di4 denude themfelves of all that innate and radical power 1 { which they had to manage their owne matters 5 feingnour* U gent neceffity could compel them to it , nor any forefeen advantage or profite , which thereby could redound unto them , raoye them and perf wade them thereunto: but on tht Obje6tionsAnfwered. 3}$ he contrary , much hazard and difadvantage might at the rery firft appeare upon lucha furrender as this. Much leflc :ould they denude themfelves of that power of felf defence > pvhich by no bwofGod or man they might lawfully give away. 5 . Whatever power Parliaments have , it is to be exerced and put in practice for the good and advantage of the People, Their power is fortheprofite, and not for the hurt of the people, and to this fcopeandend should they level all their labours , travails , paines , endeavours , cares , thoughts , confultations> conferences, votes, deliberations and conclu- Eons L. Imperial. C. demip/ijs L. bene a ^encne C. de quddr. £.8. C\ de Ugtbvs. L. piAitpimm 34. C. de Hppetl* ( Sec Altkuf. *i. e. 18. n. 7: 17. 6. Hence Their power is not abfolute, infinite, or unlimit- ed j but hath its owne bounds and limites over which it cannot awfully pafle. . They are to rule and do all , for God and the jood of the Realme , whofe fervants they are. They are the iMinifters of God for the peoples good Rom. 13.4. 7 . When they tranfgrefle their truejimites ''which no man will fay is impoflible ) by commanding what God hath fbrbidden , or forbidding what God hath commanded in his loly law ; or when they feek not the publick good of the ^and, but their owne private advantage, They are not, but :eafe to be, the Minifters of God and of the People, and >CCome private perfons , who ought not , in thefe partial- is wherein they goe beyond their bounds , to be obeyed : As fayeth Aithnfius *b$ fttpra n. 41. and proveth by many au- ;hors : And the reafon is cleare , for no inferiour can difan - ml God's Law, or free us from fubiedion thereunto. They lave no power to command fin , God never gave them fuch 1 power : And the People could not give it , for they had it Dot themfelves , neither had they a power to wrongeand deftroy themfelves, and fo they could not give this unto them. 8. If thekzphors or Trufeet betray their trull, and fell or bafely give away the libertyes and privileges of the people 5 jvhich they vvers intruded with ,thc people cannot thereby br 336 Three grand Cap. XV be brought into a remedUefle condition, or lofe their privile ges vvithout all hope of recovery. If a Tutor waftean deftroy the Pupil's Eftate, the law provideth a remedy fo the Pupil : It a commiiiioner or deputy betray his truft, th< matter's lofle thereby is not irremediable: Ifanadvocai betray a client's caufe , The client will finde fome relief [„ The peoples right (fayeth althupusubtfupra. n> 114J fuffer- 3, eth no prejudice j nor doth the Prince — — ~ obtaine anj 35 more tyrannical power, by the negligence, perfidy, deceit yy collufion , treachery , prevarication , and confpiracy oi „ the Efhori or pumores regnt , with the prince . for it is 5, unjuft & abfurd to affirme that the Ephori {or parliament* men) 5, can tranfferre unto the Tyrant, what they never had them- „ felves , or can deftroy or alienate the rights of the Commu- 3, nity > in prejudice of the whole Realme , and that contrary 5, to the fundamental lawes of , the land , or fuch, as the prince 3>fvvoretomaintaine, and which containe the fpirits and lift 3> of the Commonwealth.] From thefe irrefragable truthes , fo confonant to right reafon.andattefted by learned politicians , it will clearly iol- lo w. 1 . That the Peoples caie is not vvorfe by Parliaments, then it would have been without them. 2. That Parliaments cannot tyrannize by any law or right over People. 3 . That no treachery or perfidy of Parliaments , negle&ing their duty or betraying their truft , can prejudge the people of their due rights and privileges. 4. Parliaments not concurring with rhe People in their necefiary defence, cannot loofe them from the obligation of nature, to defend themfelves from ty- ranny and intolerable oppreifion, y. If Parliaments in ftead cfactingthepartofTruftees, Tutors, Curators, Delegats and Servants, shall turne Tyrants, wolves, Tygers, and Enemies to the Commonwealth themfelves , or confpirej joyne, or enter into a confederacy with a"4 Tyrant, and fo fcek the deftru&ion of the community , The community is allowed to fee to the prefervation of their owne rights and privileges , thebeft way they can. 6. And fo in fome cafes, when the hazard is great , the lofle irreparable 3 private per- fonc* Obje&ions Anfwered. 337 ones may defend themfelves againft manifeft Tyranny and oppreillon , without Parliaments. All this feemeth to be cleare and undenyable in thef. Let us next fee what way this shall lute , or what more can be faid for , our cafe , /» hjfotkf. And. u It is beyond contradiction, that the late Parlia- ment did bafcly betray its truft : for politicians tell us , That it belongeth to thefe Efbw*. To vindicate and mainraine the compact and Covenant which is betwixt the Prince and the People. To keep the prince or the fupreame administrator ofjuftice, within his bounds andlimites, that he turne not a tyrant, or an oppreflbur of the People. To hinder him from violating the law of God. To rcftraine and coerce him from violating the lawes of the land, and the rights of the Kingdome. To hinder the executionofthe uniuftand illegal decrees and mandats of the Prince ♦ To defend the proper and incommunicable rights and privileges of the People. To cognofce whether the Supreame Magiftrare ht hath done his duty or not, and to hinder him from commit* i ting Tyranny. See for thefe particulars ^Ukx/tus, Pol, r. 1 3, 3». 48, 55, tf 3,65 3 <>8, 8$, 84. Where all thefe are abundantly :a confirmed. Now, it is notour to all who conlider either 11 what they did , or what was enacted by them , and Hands Jregiftrated to all generations, how the late Convention ;a ( which hardly can be accounted a lawful Parliament ) noc J only came short of their duty in thefe particulars , but Hired J a direct contrary courfe, as we shall shew in a few words. J For 1. So far were they from maintaining that compact and a Covenant, which was betwixt thtf King and the People, j That they declared thefe Covenants and engagements null : I declared the very Parliament and committees , that called ,h him home and crowned him, null: condemned the very trans- | actions that were had with th< he came home. J 2. So far were they from keeping^the Piince within his ., rounds and limitesj That they fcrewed up his prerogatr. j:; :he higheft peg imaginable, and did mvefte him with fuch an . kbfolute unlimited and infinite power, that he might do \\ !ut ^ ^epleafcd without controlc. 3. So tar were they from V hind 338 Three grand Cap XVI hindering him from tranfgreifing the lawes of God,That they concurred with him > to enaft lawes diametrically oppofite to the Law of God , to condemne and overturne the work of God,To fet up an abjured prelacy,and force conformity there- unto , befide other acts which they made to hinder the courfe of juftice* 4« So far were they from hindering him from violating the wholefome well fetled and eftablished lawes of : the land , that they concurred with him to overturne thefe, to: the great lofli and detriment of the Nation. 5. So far were they from preferving the rights of the Kingdome , That they made a voluntary and bale lurrender of thefe unto the plcafure and arbitrement of the Prince, in annexing to the crowne Thefolechoifeandappoyntmentof the officers of State and privy Councellers , and the nomination of the Lords of Seilion; in difchargeing all meetings, Councels, conventions, or affembliesofthe People, without the King's command 01 exprefle licenfe: In giving away to him as his right? the fole power of raifeing the Subje&s inarmesj of command- ing, ordering, disbanding and otherwife difpofeing of them; And of all ftrengths , forts , or garrifons within the King, dome: all which politicians will grant to be the proper na* tive rights of the Kingdome. 6. So far were they from hin- dering the execution of his unjuft decrees and mandates : that whatfoever he pleafed to command, was by them im- braced , yea and fortified , ftrengthened and corroborated 3 and put into a Handing law , how dishonourable foeverii was to God, how repugnant to equity and reafon, and how noxious foever it might prove to the Nation. 7. So fai, were they from defending the Libertyes and Privileges of th<, People, that they bafely gave them away , by denying their to have any power to defend themfelves againft manifeft op- pit Hlon 5 or power to call Parliaments or other meetings fb: their advantage, in cafes of necdlity ; by giving away to thn King yeerly fourty Thcufand pound Sterline, to the im-i«| boverishing of the Nation and redacting it to flavery : Anc^ by Tendering unto him all the lives and fortunes of thefub- q je&s , to maintaine his intereft • and offering Twenty Thou j fandfoot men, andtwoThoufar.dhorfcmenfufficientlyarm Obje&ions AnfwerecL 339 cd and furnished with fourty dayes provifion , to be in readi- nefleas they shall be called for by his Majefty , to march to any part of his three dominions , for any fervice wherein his JVlajefties honour,authority or greatnefle might be concerned: Which how ever it may be coloured with fpecious pretexts \ yecal circumftances confidered,was nothing but a real manci- pation of the liberties ofthe People unto the will and pleafure "ofa Prince. 8 . And lb far.were they from calling the King to any account , and from impedeing Tyranny , that in effect they declared the King exempted horn all inch tryal or exa- mination, and that he might exerce what tyranny andop- preftion he pleafed without controle; For they gave unto him abfolute and unlimited power over all perlbnes and in all caufes; They declared him to have abfolute power to call, hold, prorogue, and dillblve Parliaments and Conventions and Meetings ofthe Eftates : And That no acts > fentence? > orftatutestobepaft in any of thefe meetings, can be bind- ing or have the authority and force of lavves, without his authority and approbation interponed , at the very making thereof, 2, It is notour to all who read their afts > How they have i enacted and concluded things moft unlawful and unjuft , re- i pugnant to the Law of God and right reafon: Condemning i Solemne Covenants fvvorne by all rankes of People in the and , in the moft folemne manner j introJuccing abjured Prelates; Eftablishing tyranny in the Church -y condemning and razeing to the fundation the Covenanted work of God; fenjoyning a conformity unto corrupt couries; preffing perjury md Apoftafy, by forceing all in publick places , and bthers, to fubferibe declarations and oathes, contrary to their former (acred and inviolable Covenants and oathes made to God. 3. By confirming, ratifying and approvcing thefe courfci >f Apoftafy and detection , and eftablishing thefe into I tnd binding and forceing the People unto obedience, bj rrational and infupportabk penalties annexed, Thev hay* fid dovvnc a conitant couric for tyranny and oy p rclTionof Y 2 ii* 340 Three grand Cap. XVI the People in Eftates? bodyes, and confciences , without al hope or remedy or redrefle. 4. As Parliaments with us are not conftanttond fixed courts but ambulatory and occafional , fo they have laid downe i courfe, that we shall never have a Parliament that shall red refTe the wrongs , injuries , oppreifions and tyranny ol Princes; or heare the ;ult grievances of the Subjects : Fot when the Prince oppreileth the People, and turneth a Ntr* and zCaltgnUj there shall be no remedy, becaufe they have given him abfolute power to call Parliaments , and who can expert he will call a Parliament in that cafe? or if he do call, he hath abfolute power to raifethem anddifmiffe them when he will; and is it probable that he will fuffer them to fit when they are doing any thing againft him i Or if he should fuffer them to fit, what can they do i None of their fentences or'afts have power, unlcfle he will add his authority, and will he ratify or approve any thing that is againft himfelf, and his tyrannous will? Befide, that they have denuded them- fclves of all power of fuppreiling tyranny, by declareing his power fo abfolute and infinite , as that no bounds can be fet unto it , no power can fupprefie his tyranny, or call him to an account. 5* Not only have they laid downe a courfe that we shall have noParliament to interpofe for the relief of thePeople, & to fuppreffe Tyranny ; But alfo they have laid downe a courfe that there should be no Magiftrats in shires or brughs, that should help, according to their power and place, the opprejlcd and grieved Subjeft, and concurre for their relief ;; Becaufeallfuch, ere they be admitted to their places, muft confonneunto this abhominable courfe of defection, and by It: fubferibeing declarations, Binding themfelves by oaths im- .ky pious and opp6fite to thefolemne Covenants , under which m the Land flandcth bound and obliged before the Lord , con.jfc fpire with them in this Apoftafy , againft the intereft of Godfc in the Land. From all which we think thefe things will clearly follow. - 1. That it may be much doubted if this laft convention:^ can be accounted, by any law either of God or Man, a lawful*!; Par ObjedtionsAnfwered. 341 !| Parliament, having fo palpably betrayed their truft, in rulemg not for God and his intereft , but againft him , end enacting things to his dishonour j in felling and giving away the old and undoubted Privileges of Parliament ; and in betraying , dilapidating, difponeing , and giving away the native and unqueftionable Rights and Privileges of the People j and ia overturning the fundamental lawes of the Land ; and annul- ling the fundamental article of the compact betwixtKing and People. Seing Politicians will grant , that fuch are to be ac- counted but private perfones : though we should make no mention of other informalities which ufually weaken or an- nul the conftitution of a judicature of that nature, in poynt of formality; as liberty denyedtofome shires to choofe fuch members as they thought good; prelimitation ufed to all; the admillion of ibme as members not capable of an election , according to our ancient and received cuftome ; the denying of free liberty of debateing, reafoning , diflfenting and pro. tefting, which is allowed in all free Judicatories? and the car- rying on of matters in a head-ftrong, violent, and tyrannic cal manner, without fuch previous deliberation, or ferious consideration, and pondering the weight and moment of mat- ters,as would have become a judicature by its conftitution and nature fo fage and honorable. S. The native, ancient and undoubted Privileges of the eopleare deime intireand mviolatcd , notwithstanding of jiny thing done by this late meeting, whirhhad no power to io what they did: And therefore could not vvrongethe rights md Privileges of the People. 3. That there is no hope, or humaine probability now eft, that ever the People of Scotland shall have a P. y the courfe laid downe or inferiour Judges to relent the ijuries, opp.eilion an J Tyranny Mad exerciled upon ; but that ftill theif bands shall be n :eof opprellkm and Tyranny w heirnecke^. So that the :r is there ope ( fo lone as this courfe of < rrnedj thut Parliamc 1 or the ?nwmt$ *>£'', :iour Judges, shall concu ry- Y 3 rimy, 34** Three grand Cap. XVI. ranny, bearing downeof oppreifion , defe&ion and apoftafy, according as they ought. 4 That while matters are fo , the People of Scotland are as if they had no Parliaments, nor inferiour Judges, for that end ; and cannot be fuppofed or imagined to be in a worfe condition , then if they never had had any fuch , to protect thetn from the tyrannical and arbitrary luft and domination of Princes. And therefore muft be allowed to ufe the privi- lege and liberty which nature hath granted unto them , to defend themfelves from unjuft tyranny and oppreliion of Princes, Parliaments? and inferiour Judicatories , when their Reprefentatives palpably betray them into the hands of their adverfaries, yea and confpire with their adverfaries a- gainftthem, and their Privileges ; and in Head of Pacrons and defenders of their rights and privileges, turne enemies thereunto , and take courfes utterly to deitroy all. By this, Ifiippofe, thefirft ObjeSion is fufficiently an- fwered, yet I shall adde this word more? and would defire that all who are of a contrary judgement would anfwere this qnarree. Whether or not would they think it unlawful, for private perfons without a Parliament , privy Council, or other inferiour Magiftrates , to refill a Prince, or his Emif- faries , ifhe with the confent of thefe should transferre unto himfelf the proper and immediat right unto all the Lands , Rentes, Tenements, poflesfions , Heretages, and goods within the whole Land, with full power to fell, difpone, and give away the fame unto w horn he pleafed; and prefently H upon the paffing of that aft,caufe ejeft,difpofieiTe and remove p alltheprefentheretoursandpofieflburs, or put them tobuW it of new of him , or taketackes thereof as takfmen, fermerspe ortennents ? If they think that in this cafe they might la w-= pi fully refift fuch horrid tyranny, Then why not in our cafe,jfe when the People, contrary to all law , oathes and vowesip are put out of the pofieifion of their Covenanted Religionist reformed in doftrine, worshipe, difcipline & government, Scfi; that by meer violence and tyranny ? Sure fuch matters asp: touch Soul and confidences bought to be as deare to People, ! as what concerneth their body es 'and eftates. Or if wcjfc: should !? Obje&ions Anfwered. 3 4 3 should put the cafe , That the King were about to fell the whole Land unto the Turk, or unto Irish bloody Papifls* &by bribes or promifes, should procure the confent of a Par- liament, & the concurrence of Council and other judicatories (as really upon the matter, walking according to the afts they have made, he may) Might it be unlaw full for People in this cafe , without the concurrence of interiour Magiftrates, who had now fold them, and bafely betrayed their trull, to (land to their owne defence, and to the defence of their pofterity, and their lives, rights , liberties and privileges? Andifthis cannot be aflerted by any man , who hath not made a perf eft furrenderof his owne reafon , unto the will and lull of an- other, why can refiftence in our cafe be condemned : Se- ing foul matters are of infinite more worth, then thefe out- ward things * And it were leffe bitter to know and fee our pofterity redacted into a ftate of perfeft flavery unto for- eigners , as to their outward privileges , then to fee them shut up into a clofle pnfon of foul flavery and bondage , deftitute of the pure and lively ordinances of falvation , and fruftrated of the glorious and excellent liberties and effects of a purely preached gofpell , and fo shut up in a dungeon of ignorance , fuperftition , and ail Prophanity , that they should never know what true liberty meaneth I As for the next object ion taken from this, that they were not the Whole Body of the land, but only a part thereof, which cannot be fo well juiliried. It may eafily be aniwer- :d. That it being lawful for a tingle perfone , in fomc :afes, to defend himfelf from unjufl violence: 1 1 will be much Bore lawful for a considerable partoraKingdome todc hemfelves, though they get not help of others. Thou. >e bound to help a ravished nuide, yet (bough none should icIp , she may refill and defend herfclf. But to leave tins , ccaufe we hive adduced many arguments that concludes the r*afe lawful even for a part of the tungdome, weshaili; the complex cafe . not only as it was 2 but alio a obable mranc to put a Hop unto the courfc of defection. ^hich was and is lonj and to redeem the land f. (ritual bondage , bodily. And to Y 4. 144 Three grand Cap. XVI. this we fay , That when the cafe isapublick cafe concern^ ing all the land, no Idle then thefe who jeoparded their lives for the fame , no man in reafon can condemne thefe few th-i: mdertooke the interprife, the profitable efFefts 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 fame, are to be blamed? though the reft doe lye by , and will not concurre. The men of Epkraim , Benjamin and /flicker, 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 labes King of Canaan-, though Reuben Gad and Zebulon did not concurre , accord- ing to their duty , were not the more to be blamed, but are the more praifed and commended ; and fuch as came not out to the help of the Lord againft the mighty were under a bitter curie. The common tye of Chriftianity and brotherhood, and other fupervenient obligations did oblige all the Land (as was shewedabove) to concurre as one man, to endeavour the deliverance of the Land from dreadful opprellion and tyran- ny? and becaufe the ^reateftpart, like /flacker in an other cafe, loved to couch under the burden, andrefufed to contiibut their help for their owne delivery , and proved enemies, shall thefe few who ventured their lives and Eftates, and all which they had , for the liberation of the land , be the more , upon that account, condemned ? What hight of abfurdity were this i Had the Men of Epkratm good reafon to challenge /ephrbah indg. n: vev. r,a, ($c. becaufe he fought with the Midianites without them , when he fayes , that he had called them and they would not come out ? If an Enemy invade the land, and fuch provinces as are furtheft from danger shall neglett or refufe to concurre with the reft to expell them, yea shall ftrengthen the invadeing enemy , shall thefe be blamed who are next to the danger , to take the alarme at the firft , and do what in them lyeth , for their owne faifty and the faiftyof the whole land i Therefore, feing the caufe which thefe few owned was of common con- cernment , and equally refpefting the whole land , fince the reft would not concurre, as they were bound to dp, they are more praife- worthy then blame - worthy that ven- tured . Obje&ionsanfvvered. 3^ tured all for the good of the whole land , and did ivhac in them lay, to redeem the whole land from that oppreflion and bondage, under which it was lying. If it had been iome fmall petty particulare of their owne , it had. been more lyable to the cenfurcs of men; but the caufe being Com- mon , which they did owne , (z Covenant fworne by all ranks of People, and a Covenanted work of reformation, and liberty from tyranny both in Church and State, was a caufe not peculiar unto them , but common to all the land,) itisthehightofabfurdity, illegality, yea and inhumanity, to accufe them of Treaion or fedition , or to condcmne their interpnfe upon that account . So that though the major part of the land turnefo corrupt , as to imbrace a corrupt abjured courfe, fee their privileges taken from them, the work of Godoverthrovvne, lavves ratifying and approving Religion reformed indoftrine vvorshipedifciplineand government and fecureing people in their peacableandChriftian pofleiTion ofthefe, now abolished refcinded and annulled ; their liber- tyes , as civil fcotish men, and as Chriftians, fold away -t their fundamental compact, and the cardinallclaufeof that contract betwixt King and Subject, cancelled and shamefully brocken; Tyranny and oppreflion of confeiences , bodyes andEftates eftablishcd ; and no legal remedy or redreiTe apparent or pro- bable; and shall notwithstanding of all this, love to fit ftill & not to be ftirr themfelvcs, according to their places & power, for fecureing Religion,lawes,&libertyes;For extirpating ab- jured prelacy, and malignancy; and reftoreing the Ordi- nances of Chrift to their wonted purity,&; delivering the land from flavery & bondage,& from ftupenduousapofhTy & defe- ction, at which the Heavens may ftandaftonished, and all men and angels may wonder: Shall their negligence and deficiency in duty, binde up the hands of the wefatfl . and render them utterly incapable in law, to minde them- felvcs and the good of the whole land, the good whereof they are obliged by many bonds and obligations to leek by allfaire mcancs poifible? Neither dotlwhe lawes of Na- ture, thehwesotGod, nor particularly the bond of Chri- ftian Jove to their Native land , to their Mother Church , and to their Chriftianopprefled brethren, nor the bond of Y J their 346 Three grand Cap. XVI. their Covenants, folemne vowesandengadgmeats, folimite this duty , and loofe them from all endeavour after a perfor- mance ♦ .But by the contrare, if God give any probable capacity , upon all thefe confiderations , they are the more obliged to lay out themfelves to the utmoft , and to account themfelves the more indifpenfably obliged thereunto , that : as the hazard is greater , the lofle is the more certane and i irrecoverable. Wherefore? feing the ground and ends of the rifeing of thefe few, was not particular, but general and national , the good and benefite of the interprife redounding unto all, noleife then to themfelves , and being that where- unto all? no le(Te then they , were obliged by folemne vowes and moral bonds , their cafe mull be otherwife confidered, then the cafe of a few malcontentedperfons , who becauijp of 1. fome particular injuries done to themfelves , and forfome particular ends proper and peculiar to themfelves alone, arife in rebellion againft the lawful Magiftrate. The Royalifts .ft themfelves allow it lawful for any privat perfon to kill an ■ ufurper or a Tyrant fim tttnlo , and why? But becaufe the h good of this action doth redound not to himfelf alone. But M to the whole Lander So in fome places a reward is promifed to all fuch as shall killaB**r, oranyiuchnoyfomebeaft, be- caufe the good and fruteof this action concernethmoe then themfelves, and therefore though all were bound to do what ;fr they did , yet they are not blamed but rewarded for what they A have done. So should thefe rather have been rewarded then # blamed or condemned , for what they did interprife, for*?0 the univerfal and national good of the whole Land. As for the third Objection , fo much hath been fpoken offp that already; whether we mean the particular fufferings andf opprellions of the People of Galloway, ( The Naphtaly is full to this purpofe , ) or the general calamity , by reafon ofl apoftafy, defection, perjury & oppresfion in Religion and li^f-fa bertyes, which is fo noture that none who hath not renunced f common fenfe together withReligion& honeftyjcand^nyit, J' or pretend ignorance thereof, that we need do no more here, r but give a short reply to what the Sutv. hath faid to this mat- r ten only we would adde this. That if That learned lawyer A-.$- thuftHi Obje&ions Anfwered. 347 'tufa in his politics cap. i%.n.\-.Z£c. give the right charaft- rs of a Tyrant, and of Tyranny, we may have good ground > fay that our land beareth many blae marks of that tyranny : )r, fayeth he [there is one kinde of Tyranny , which confifteth 1 violating , changeing or removing of fundamental lawesy 'na ally fuch as concern* Religion: £5 fetch > fayeshe> was Atha- ia, Philip theKtng of Spzinc^who connate to thefundamentalBelgtc^ twes y did er eel an admintfyratton cf 'jufliceby force of armtf\ and neb was Charles the IX. Of France (hat thought to overturn* the 'altcque lav] and whether our King be not in this guilty in >verturning the fundamental lawes, concerning our reformed Religion, let the world judge. Next fayes he [when he keepeth not is fatt'o and promt fe, but defvifeth his very oath made unto the people.] nd who is more guilty of this then King Charles the i f n.p. -Ie giveth us this mark [nhen the fupreme Magistrate maketh ufe fan ab flute pwer, and Jo breaketh all bands for the good of humane ociety] and are not the bonds both of piety and jufticenovv riolated i n. ii. He tels US a Tyrant doth take away from one rmoe members of the Commonwealth, free exerctfe of the orthodox Wigion; and n. n. that for corrupting of youth he erecltth ft age - layes , where houfes , and other play- houfes , andfuffcrs the colleges , md other femtnanes of learning to be corrupted , and ». 1 5* that Wing m luxury, whoredeme, greed and sdlenejje,he negUclethtor is un- it for Wis iffice. ] How thefe lute our times we need not exprcile, Then n. 16. He fayes [he is a Tyrant who doth not defend hi sSub- 'tis from injuries when he may \ but fujfercth them to beopprejpu] nd what if he opprefle them him felt? n. 19. [nho{ fayes he) ytmnjoderat exactions, andthe\ike, exhaust s the fubjeds Jer. 22: pr. 13 14. tzech. 34. 1 King, ix: 19. Plal. 14: 4. ] and IO. [vlo hinder eth the free fujj rages of Members of Parliament, fo tt they dare not f pea i^what they would.) & how much of this we ide to be true , is needlefle here to exprefle. Then n. 1 ; , [, &C. he tcls US [he is a Tyrant who ta^es away from the people '/ power, to re/if? his tyranny , asarmes, flrengthes, and chief men , horn therefore though mnoct nt , he * at eth, affltdeth and pet fee u: eth , xhausls ti.etr g ods , and lively- h'ods without rifl 1 all vhich he conrirmeth by feveral Scriptures : And how ap. poficethcfcarcto our prefcm cafe j all know who is noi utter 348 Three grand Cap. XVI. utter ftranger to our matters. So that when we have fo many things to alledge, none can juftly blame us for fay- ing , that we are opprefled and borne dovvne with in- supportable tyranny; and now we goe ontoconfiderwhat he i ayes. And as to the firft he tells us , Pag. 6%. [ That their life and blood was not fought upon any tearmes , there was no forcetng them to tdoUtry , nor falfeworsh/pe 1 nor frighting them to any thing of that kjndcy uponpatne of their lives , only for their contempt of the outward ordinances of God, purely admintflred in an orthodox Church , they vert out to pay fuch moder at fines , as the publtck^laweshad appoynt- ed : Without any actual invafion of them or their perfones. They vere the fir ft aggrejfors , murthenng the Kings Servants , andfeijeing en his chief officer. 7 hey had never befre that afiayed fupplicatmg , (which was nJ forbidden them to do, if fo be they would have done tt without tumults and combtnattont ) but few to the fword and marched on to mock^authcritj with armed petitions, as they mocked God by fi-ful prayers, to profper their evil conrftLJ»~\ Anfw. i. What intention there was to feek the life and blood of thefe People , God koweth: But fureall who knew their cafe, k faw that their life was only left them> that they might feel ||, their mifery. So were they opprefled and harafled , that kj death would have been chofen rather then life. Were they \ not beaten, wounded, and bound as beafts, their goods and yji fubftance devoured before their eyes ? were not their lands Jg and tenements laid wafte , and many redafted to beggery ? L Befides other inhumane barbarityes, which they were made j, tofuffer. 2. We fee he would allow it lawful to refill , if jft the King should force to idolatry and falfe worship 3 and ^ what will he do then with his arguments , which will not- \ allow that exception , as they are urged by him <■ He muft. ^ necefiarily grant that they areinconcludent, & that it holdeth ;p, here Argument urn mh I pt 'ob at quod nimium probat. 3. How- -L beitthey were not forced to idolatry; yet by the fame law, I reafon and equity for rather Tyranny and iniquity) they •<„ might have been forced to that, as to what they were forced. J0| That is by thelaw of Tyranny and violent oppreilion. They £ were prefsed to owne and countenance perjured prophanc wicked Obje&ions Anfwered. 343 kicked and debauched Curates > thruft in upon them con- rare to their Privileges, as lawful andduely called Mini- sters, and thereby to owne and approve of Prelacy which wasabjured, and call out of the Church with deteftation , ind lb to concurre in their places and ftations with , and give their teftimony unto,a molt wicked and unparallelable courfc of defection and Apoftacy from God , and his holy wayes and works > and thereby to condemne the Reformation of Religion in doctrine, Worshipe, Difcipline and Govern- ment , which God had wonderfully wrought amongft us > ind which all ranks of People were folemnelyfvvorne to maintaineand defend. 4. He talketh of the outward or- dinances of God purely adminiftred j when all know how :hefe profane wretches, made all who ever knew what the fervice of the true and living God was > to abhore the offer- ing of the Lord; For they defpifed the Name of the Lord , and offered polluted bread upon his altar , and made the table ot the Lord contemptible , they offered the blinde > the ame, andthefick, and the tome, and thus they vowed & facririced unto the Lord a corrupt thing : Yea their admini- stration of ordinances was , and is to this day, rather like liftnonick acts , andfeenes, then the fervice of the true and ivingGod: And what fober feriousChriftian, yea what oul that hach any beleevkig apprehenfions of the Majefty of Lxod, can be witnefse, let be a concurring actor in , and :onfenter unto, fuchabhomination and idol - like Worshipe? (\ He talkes of an orthodox Church, wherein perjury and .uch like abhominations are approved and countenanced, maintained and avowed; and wherein the work of Re- brmation of Religion, in Doctrine, Worshipe, Diici- >line and Government is condemned ; a Covenant abjureing Popery, Prelacy, Prophancfte, Schifme anJIlereiy, and vhatlbever is contrary to found doitrine, and the power of jodlineffe, condemned and annulled; and wherein Atheiimc , *ickedneiTe , ignorance , licen-.ioufnefse , and all fort >r prophanity , yea and blafphemy abounderh , and wherein Pis fo much Popery and idolatry countenanced and con- at , and fuch abhominations rcigncine. Our rii It COQ- feffioii n 3 jo Three grand Cap. XVI. feffion of faith recorded in Parliament Caputs.- giveth this aj one note of a true Church viz, That in it Bcdejiatluail Dtfci* pltne be uprightly mint fired* a* Gcd's Word prefcrtbc:h-> whereby vtcei repreffed (Svcrtue nourished'. But now there is a difcipline repug: nant to GodsWord adminiftred, whereby vice is nourished & vertue fuppreffed> 6. He fayes that the fines were moderate But more immoderate fines? and exorbitant penaltyes, wen never impofed by Rulers , except fuch whole defigne was tc Tyrannize over the foules and confciences of poor people and to the payment of thefe tranicendently exorbitant penal tyes, they were conftrained, not in a legal manner, asitough tobeinacivilandfreerepublick, but in a military, compul five , conftraineing way , whereby their perfones and good* were tyrannically and inhumanely invaded , plundered , de ftroyed , and ruined.' 7. It is true, providence lb orderecp it , that the firft that was wounded was one of the fouldiers: 4 But Naphtdi telshim that the countrey men were necellitatec t thereto in their ovvne defence; for when they but defirec Pi the fouldiers to loofe the poor man , whom they had bouncin hand and foot like a beaft , they were aflaulted with It dravvnefvvords ; and fo firft and laft they were invaded, and'fc provocked, & were not the firft aggreflburs: &befide, thattf was but a meer accidental emergent : & though they had fodof mally, without that occurrent provocation, joyned togethewm to have repelled unjuft violence, none in reafon could haV\\ || & vi armMa\ Sure here was enough to war-rand a Commu- fa nicy! Objections anfwered. 351 •icy to {land to their defence , and to prevente their utter 'uine and deftruction , which was certanely expected, and his was to them the laft and moll inexorable cafe of neceili- :y : And fo the places which he citeth out of Lex Rex do partly continue this, and partly are not to the purpoie, being fpoken ofafingle perfon buffeting his mailer after he hath xen buffeted, or having received deaths wounds , feeketh to revenge himfelf on his aggrefTor. 8 . He tels us they should have firft fupplicated thefe in power : But they had fuppli. cated already Sriama Turner ', and their cafe was made worfe md not the better thereby, and all joynt petitioning was con- demned as treafonable , and what could they then h. ve done? The mod peacable manner of fupplicating , if it had been in i joynt manner, that could have been devifed, had been inter- preted tumultuous. And Since it was fo , what could they lo, but after the example of our progenitors, advance with Armes in the one hand and a petition in the other I 9. The ?rophane man talks of their mocking God by their prayers , md of their fpoyling loyal perfons : but as they have the te- imony of all among whom they were , that they were not to e charged with plundering, taking nothing unlefleit were few horfes,and Rich things as were necefiary for the defence f their lives, andforthe welfare of the Countrey, wherein ny do fuppofe they were but too toofpareing , feingthe >enefite was common to all, and they were to venture their i ves, not for themfelves alone , but for the whole Countrey: So the Lord gave proof that he hath accepted their endea- vours , though it was not his appoynted time to reftore our (ingdome , in that he did fo fignally ovvne and countenance uch as were honoured with martyrdome, for the Tefli- nony of Iefus, and for his interefl and caufe. But this man peakes like himfelf when he addeth that loth they and ctltrs tve caufe to blejfe God that they h.id no fuccefjt^ nhtch might have been fnareand (lumb.sngbLcl^to them tr. d ethers alfo. For we know ndeed that it is no fmall mercy , not to thrivein an cvill way* md therefore vvc think that He and his wicked fraternity, on whom theLoi d is raincing fnares, by fufFering them to thrive, • have great caufe to lament the blakday that is coming , and t# i ; tfz Three grand Cap. XVI, to tremble both for the imminent judgments , and for th< dreadful plague and judgement of hardnefie of heart , witr which they are already vifited of the righteous God ; Yet we know That a way may be his way , which he will not profper for a time , till the cup of the Amomes be full , and- he hath attained his other holy ends , which he defigneth in? calling his Church into a furnace : And if he judge of caufes alwayes by the event, he sheweth himfelf a iirauger to the Soveraigneway of the Lord, in all ages. As to the other thing, he fpeaketh Pag. 10. and fayeth [doth not the true protectant Religion as it is held firth infer tptnre , a*d was publicity confi/fed by our fir ft reformers {which confeffion is Re- gislred Pari. I. K.James 6.) through God's mercy continue mthus% without variation from it in the leaji ? Doth not the Kings majefly protecl and advance this lie (fed Truth of the Saving G of pel , and en* courage and invite all , according to his power , to imbrace it ? // he not willing and defirous that the lawes be vigor oufly executed ag.unft fapifis-) andailperverters of this found doctrine i are any fpotled of their lawful civil liberties ? What one thing hath he done without conftnt of the Peoples Representatives in Parliament , at which any may except as a grievance : what burden hath he laid upen their Eftatesy but by law or by their owne confent> m a neceffary exigence ? Anfw . i 9 If the protectant Religion continue without variation , in the jjj leaft, what meaneth then the bleating of the sheep and k lowing of the oxen , in every ones eares ? what meaneth the ^ many Jefuites , and Seminary Priefts that goe up and do wne ^ the land ? what meaneth the many mafles that are ufed in fe- L veral parts of that land , and in the very heart thereof, in and {• about Edinbrough ? What church difcipline is ufed againft L thefe? belike the Prelates have no will to trouble their old L brethren , the native and faithful children of their catholick |ft Mother , the whore of Rome, becaufe they minde , yet once L againe, to take a drink of the cup of her fornications, and J to returne as prodigal Children unto their former dear Mother, the bloody harlote , the mother of fornications. And ho w cometh it that one Mr. Tyry, formerly a known ^ papift, is admitted to a prefeflbrshipe in 57. Andrewes^ who i.ot only cannot be reconciled to that minifter who motioned the Objections Anfwercd. 35J the giving to him , that Head to handle de anttcbrrslo Romano , ' but even in his thefes did a tier c that the Pope was notAnrichrift. But what is become of the Religion of the Church of Scot- land, as it was reformed in do&rine, worshipe, difciplineand government t What is become of thefe Covenants which were our ftrong bulwarks againft popery ? and what is be- come of the many acts of Parliament ratifying and approving thefe Covenants ? Are not all thefe caftavvay \ are no: vvc call open unto theaffaults of that bloojy Beaft ? what mean- eth the great increafe of the number of papifts, fo that the very Parliament it felf, in their ftatute 8. led i. (amok-act never put into execution ) fayd that tie wtmkf of Je[u't.es , Vrtesls , and Pzprfls did now abound more , then ever they did under the Government of Us ftther and grand father ? Whit meaneth the refunding and anulling the rirfl act of the \i v.viotK. James 6. holden Anno i^^z, in all the heads damps and armies thcrt$f in their *c7 i. feff. z. whereas that act did net only ra- tify and approve presbyterial government ; but did alio ratify and approve all privileges , libertyes , immuniryes , and freedomes. granted by his hieghnelfe his Regents >in ins name, or any of his predecefTours , to the true and holy Kirkefta- lished within the Realme > and declared in the rirftactof arliament Anno is 97- and all and whatfomeveractsof Par- lament and ftatutes, made before by his HighnefTeandhis egents , anentthe liberty? and freedomeor thefaidKirk; nd particularly the tirft aft of pari Anno f 5 8 1 . and all other ►articular acts there mentioned : and this ad Anno 1 5 8 1 . ra- irieth all proceeding acts, particularly that made in the rci 'Queen Mary > Aa»o\s(>7. anent abrogating all lawes, .. dconftitutiones , canons civil and municipal , with other nftitutionscontrare to the Religion then proteflld, and all tfteriour afts namely fuch as abolished the rope 2nd his furped authority •, that anulled the acts nude.»giinlt God's vordand for mainrainancc of Idolatry , the a. g the :onfellion of faith of the proteihnts of Scotland; I polishing the Made, and for punishing hearers and fa >f the fame: acts made, anentthe admiilion of them that shull JCprcfented to benefices having cure of unmitiy ; anent t|u Z Kin^s 354 Three grand. Cap. XVI. King's oath to be given at his coronation \ anent fuch as should beare pubhck office hereafter \ anent teachers of ichools -, anent the jurifdiftion of the.Kirk; anent the true and holy kirk ; anent the ratification of the liberty of the true Kirk of God and Religion j anentj fuch as are declared not to be of the true Church : And alfo the faid aft An- no 1592. ratilieth all other ads made in favours of the Kirk 3 iince the yeer 1 58 1 . So that by this late Aft made sinm i66i. all the afts made in favours of the Church and of the proteftant Religion , are annulled and refun- ded j for there is no exception added , but the faid aft in all its heads , claufes and articles , is declared null and voide. Where is then our legall fecurity for our proteftant Religion , end Libertyes of the Church a Sure thefe things prefage no good to the proteftant Religion. But z. What way the King doth advance this blefled truth of the faving gofpcl (if he meane hereby the proteftant Religion ) we are to learne :. For his publishing in print that the Papifts have been faithful fubjefts to hnn and his father, whileft others , under pretence of Religion , had involved the y Kingdom es in blood ; and by thefe Papifts meaning with others the Irish rebells > who? for promo ving the Romish bloody defigne, executed that bloody Maflacrein Jrlandi the report whereof made all protectants to tremble and to itand aftonished , giveth us but fmail hopes, thatfolongas [ he is of that minde , he shall ever do any thing effectually ^ for promoving or maintaineing the Proteftant intereft : His ^ advanceing of Papifts to greattft places of publick power. J and truft t,mgUnd , in Parliament , Council , Court, Coun- ^ teyes> and the Army, fpeakes rather an encourageing andj, inviteing of peribns to turn Roman Catholicks : His pro- ; R videing a houfe for Fathers and friers ipeaks out no good in- )t tentionand defigne. t.ct the Sm-veyir read what is faid t 1 Or did he ever chide the Council , or depofe any member thereof, or any other inferiour Magiftrate, upon the ac- count of their negligence in this ? But be it whofe fault it will , fure we are there is more care taken tofearch out conventicles, then the meetings of Papifts or Quakers: Is the Towne of Edinburgh under liich a bond to fupprefle meetings for Maffe , and others of the like nature ; as they are for fupprefling of honcft Proteftants, meeting for the Worshipe of God according to the purely reformed Reli- gion ? Did ever any Arch - Prelate procure an order from is Majefty toftirr up the leazye council to diligence in this matter I Wherein I pray doth either rhc Kings wiliingnefse, or the wiliingnefse of the Council, or of other Inferiour Ma- giftratesto havethelawesagainftPriefts vigoroufly put into execution , appear i And where are we then , when all Ma- jiftrates from the higheft to the loweft connive at, ifnoten- :ourage countenance and approve of Papifts , and Popish idolatry ; and the true Worshipers of God are hunted out > call into prifones, banished into America, and Tangyr^ and made :o fuffer fuch inhumane Barbarities, and all to pleaiure the perjured Prelates, who are more afrayed of a few honeft leek- !rs of God , then if legions of Papifts were fvvarming in the r Land, knowing how Toon , they would be willing toim- •|>race thefe ferpents in their bofome, and joyne with them ^\o root out the Proteftant intereft ; whileas they hate the tuly ^odly with a perfect hatred, as being of principles irre- bncileable wich theirs , and having ends before then t bmetrically oppofiteto what thefc intend? Yea, wh z , v runalmoftall the Rules propofed by a jVw/the Jcfuite, for ituroduceing of Popery , in his Pdii. ttb, z.cjp. 1 8 arc fo exactly folio i head\ ileth hat 1 . They proceed as mu'fitians do in tuneing their i i itf nents gradually , and piece b 2. That they prefle I he Examples ofTome eminent Men as a meant :•> draw the ;. tit. $. That Arch -here tikes (that is merit Zealous Pro^ D iftaatsj be banished all at once, or if that cannot be done $ Z 2 fairly r 1 I: 356 Three grand Cap. XVI faifly, by degrees. 4. That fuch be put from their dignities and all place & power of truft. 5 . That Proteftant Religior be made odious, by loading fuch of their opinions, as arc mod obvious to a harsh conftruftion. 5 . That they foment the quarrels that are among Proteftants , and ftrengthen that party that is moft ready to comply with Rome . 7. That they difcharge and hinder all private conventicles of Proteftants; 8. That fevere Lawes be made , and rigoroufly executed ( though not againftall , yet ) againft the moft dangerous . Whofeethnot, what a conformity there hath been and yet is, betwixt ttie pra&ices ofthis Apoftate,Popish, Prelatical and Malignant faction , which hath now deftroyed the work of God, and thofe Rules mentioned? And what lyeth latent under board the Lord knoweth. 4. He askerh the queftion if any of che people of the Land be fpoiled of their lawful civil libertyes i As if a man should enquire if the Sun were rifen at twelve houres of the day. Our Religion reformed in do- ftrine, Worshipe, Difcipline and Government, which was one ofour maine civil & moft lawful libertyes, is taken from us. The liberty offupplicating, which the Law of God, the Law of Nature, and the Law of Nations allow, is taken from us. The liberty of free election of Members of Parliament » was taken away. Liberty of protefting in Parliament was taken away* The Kings prerogative is lcrewed up to fucha hieght , that it overturnes the true native libertyes of the Subjects Many honeft Subjects are caft into prifone,no tranf. grellion being once alledged farleffe proved againft them* The due exercife of their Religion as was covenanted, is taken away, Lawes are not executed in a civil manner, as theyf ought to be among free Subjects . Judicatories are fet up/ and erected without the confent of the People , or their Re«f prefentatives . Libertyes and Privileges of brughesand fuch * incorporations are taken away, unlefsc they will renounce .; and abjure a lawful , religious, and necefsary Covenant, h The free exercife of juftice efpecially againft Nobles , is ftop- ? ped. The Lieges are not ruled by the Lawes of the Land, but y by the arbitrary will and luftof a few Prelates and the privjl Council. Will he ask now if our libertyes be taken from us 1 O: Obje&ions anfwerecl. 357 or will he call thefe unlawful? 5 . He askethin the next place* what one thing the King hath done, without confent of the Peoples Representatives in Parliament, at which any may except as a grievance. It feemech he is either of a very short Memory, or he thinks the High commiilion-courta very fmall inconfiderable bufineiTe \ tor the content of Parliament was never had unto this inquifition - court , neither of old , noroflate: Andyetthis was fuch an heavy yoke of bondage, that made all the land to groan , and againft which , as a moft intolerable grievance , all the corners of the countrey could give in their exceptions. And as for this late Reprefentative (fo called , ) they have enafted many things conn are to their power and trull, as we have shewed: No power under heaven could enaft what they have enacted : No power under heaven could anul, condemne , and refcinde lawful Covenants made with the moft high God : They were not intHto to refcinde and anull unalterable lavves , more firme and fixed 3 then any Lawes of the Mtdcs and Verfut/is ; For lawes confirmed with oathes , and folemne vowestoGod , *re not ambulatory, as other politick lawes. And therefore all the lawes being good and neceflary in their owne nature, by the fupervenient addition of an oath confirming and rati- fying the fame, became abiblurely unalterable by any Man yc company of Men whatfoever. So that all the lawes made ty King and Parliament to the preaidiceof the Covenanted vork of reformation , are intolerable grievances , dishonou- rable to God , and prejudicial to the welfare of the Subject; md to which, neither People, nor t! tatives eal or fuppofed , could ever lawfully conient. 6. He;. burden he hath laid upon their Eftates , but by Law \ 1 his is a vainc florish , icing all that know what thac Par- iiment was , know how prone and ready it pas , tod< if it could) unto the luft of the King j the Souls, Con^ s, and all which the Siibjcfts had , litr ding either the true liberty or reall advantage of fchs / ;. C\:.\YII 358 The Objections Cap. XVII. Cap. XVII. The Objections of others examined. WE have now examined all which this Survejer hathfaid againft us > in the poynt of rcfiftence \ yet that we may fatiffy ( if poifible ) all perfons and partyes touching the lawfulnefle of this aft , of private perfons defending themfelves and their Religion from manifeft Tyranny and oppreilion , we shall remove likewifefuch other objections, as fome others are pleafed to make ufe of ; and which our Sur- vyer hath potfibly forgotten to adduce. i* Qbj. Subjefts are obliged to perforroe all dutyes ol obedience and fidelity unto their Magiftrates , and albeit the Magiftrateturne a manifeft Tyrant, every one cannot loofc that obligation at his owne hand* Hce».Difp. Pol.9*Tbef.n* An[,\. Subjefts,aswehavefeen ? are but conditionally ob- liged to performe thefe dutyes unto the Magiftrate, and not absolutely > whether he play the Tyrant or not , by Hocmn'm his owne confelfion. 2. Though each particular perfor can not loofe the obligation when he will ; yet when {2 Tyrant hath , by his atts of tyranny , loofed the obligationi upon his part , a body of a People or a confiderable pan thereof 3 may defend themfelves againft his tyranny , as i\ there were np obligation betwixt him and them. 3. Thougr the obligation ftand uncancelled , and not abrog3ted 5 re fiftence may be granted; for a Sone may refift his Father, and 1 Wife her Husband > though the obligation continue firm< andnotdiflblved. oh). 2. By this meanes a window should be opened tc all feditions , confpiracyes and rebellions, Hoen. ubtfupra> An\. lncommodum ticn tollit argurnentum. The abufe of a li- berty doth not deftroy the liberty* i. By this argument abfolute and unlimited obedience might be prefTed, left i: private perfones might refufe obedience > a door for all fe« dition and difobediencc should be opened* 3 . By the con. trare afTertion , a door shal be opened to all Tyranny anc ©ppreiliox of others examined. 359 I oppreilion > which should tend not only to the difquycting of the peace>but to the mine and deftruction of the Common. wealth. obj. 3. Subjects are to pray for their Magiftrates, Hoc*. Aid. Anfie. True, but the confequence is naught. There- fore I may not refift them , when they tyrannize and opprefie unjuftly, it doth not follow. I muft pray for my equalls and inferiours, and open enemies , whofe unjuft violence, \ may not withftandmg refill; ob). 4. A fon may not do violence to his Father though never fo unworthy , for no impiety can be punished by pari- cide : Far lefle may violence be done to the Prince , who is the Father of the Countrey, hocn.tb. Anfe. i. Tbis/nmlt halteth as we have shewed. 2. Ifthe Father abufe his power, the law will deprive him of it, L. 6, Lencnts, L.j.c.de Inf. cxpof. L. z. C. de Parent. qto Fit. dtflrax. L. 2. dchps qui fu,.t Cut vet alum lurts §. Jed Domtn. Iuft. Dmfttul. L. ult.fi qius a rarentemanumifius. 3. The fimtle is for us who plead only for refiftence , as we shewed, not for killing and deftroying Tyrants. 4. JftheSone be a Judge and the Father a male- oi factor, the Son muft execute judgement on the Father. jj obj. 5. Deftroying of the head, though it be fickly and A,tender, tends tothedeftruchonofthe whole body. / . a fbid. Anfa. There is no fuch connexion betwixt Kiijg Subjects, as betwixt Head and Members of our n bodyes. A Tyrant may be, and often hath been, deft;. [I and the body of theRepublick hath remained intire : :; better condition then formerly. 2- Oppoiition may befo -j fljadetothe Head , that it deftroynotthe noble pares , aefluxions fent downe thence; and it muft, to prevent the il deftruction of the body, be purged : ib may a Tyrant be refill - «j ed for thefaiftyofthe Commonwealth. {} 1 obj. 6. Icis better to hive a lick head, then no head.;':. :S Anf. OMm ter.'ium, there is a third , a found wholciomc I . ;:: 2. A common nt a head long. |j , Obj. 7. Thei iincaftin rant, in fufTering tyi : J. 1. refiftc ftroying or calling out of a Tyrant. 2 ha 360 The Objections Cap. XVII hazard fpeaks not to the lawfulnefie or unlawfulnefle of the thing , but only to the expediency or inexpediency of it ; which is a different queftion : An interprize maybe hazard*- ous and yet lawful. 3* Jt will notalwayes be found to be fuch a hazardous thing, even to caftaway Tyrants; as to fuffer them to tyrannize. Ob). 8. A Tyrant can never be deftroyed , without the mine of thefe who have deftroyed him , for fome of his pof- terity will avenge the quarrel, id. ibid, Anf r* We have many infbnces to the contrary in the Book of God : Seethe Books or the Judges and Kings : who of Joram's pofterity avenged his death ', on ]ehu or his pofterity > 2. A Tfi rant may be refilled lawfully notwithftanding of fuch diffi- eultyes . 0*}. 9* God punished the wicked Kings of the JewesnoE by the Jewes , but by ftrangers , id, tbtd. Ahfa>. This is contrare to many examples in Scripture, Jefc# wasnoftranger.. 2. We fpeak not ofpunishing wicked Kings, but of refilling iheir uniuft violence. Ob), 10. David fpared Saul , iSam. z4r, and %6. Whom he might lawfully have killed , as fome think , becaufe her had given David's Wife to'another, had banished him and his Parents out of t he countrey, and had killed the Priefts , M sbid, Anfv>. If David was a publick Judge, and might lawfully have killed Saul for his injuftice , murther , and oppreflion , and did it not , i fee not how he can be juftified : But to me it is a queftion if David was any other then a private perfon , fo long as Saul lived : and his refilling of Saul , and defending himfelf with armed men againft his fury , doth abundantly cbnfirme what we fay. objecl. 1 1. Jeremiah doth not arme the jewfes againft Afc- buchadne\ar with a fword , but with prayers for him id. Jbid. Anfrer. 1 . We have not Jeremtahs now to reveal God's minde to us extraordinarily. 2. If this were a ftanding precedent , The Supreame Magiftrate might not defend I himfelf and his fubje&s, againft a forraigne Enemy, comeing * jif to deftroy and conquere the land: for Jtremsah commanded the f King to fubmit to Nebuchadne^ar. Object of others anfwered. 361 objecl.'u. Chrift commandeth tribute and not poyfon to be given to Princes, id. ibid. Anfw. We plead not for poy- fonifig of Princes , but for refitting their unjuft viofence, againit w hich Chrift doth not fpeak : but rather he ought to have remembered thefe words Let htm thatha/h no [word ftll hi* coat and buy one. Ob). 13. PaulAcl. zy.ver. j. Will not have an evil Prince fo much as curfed id. ibid. Anfo. Then no Magiftrate , no not an inferiour should be refifted \ for fuch may not be curfed, doing their duty. 2. We may not curfe nor revile any of our equallsorinferioursJW^/. 5:^.44. Rom. n: T/.14. Livtt. ip.-ver. 14. andzo: v. 9. 1 Ccr. 6: vet. 10. andyetfuch ufeing violence againft us may be refifted ; we may not curfe the rich Ecclef. to: 10. and yet they may be refifted, whea violently and injurioufly they aflault us. Ob). 14. War is not lawfully undertaken without the war- rand of the Superiour: But Subje&s have no fuperiority or authority over the Magiftrate. Gerhard de Magtfl. PcA. §.485. Anfw. 1. A war detenfive may be undertaken without the exprefle warrand of the Supenour. 2. Defence may be ufed by fuch as are inferiour to theaggrefTors,as by a Wife, a Son , a Servant , as is shewed -y yea the injurer is ever eate- nu4 inferiour to the injured 3 in Law. . ^. Chrift fayd Mat. i6.ver. 52,, that fuch astoo^ the (word should perish bv thefword. Id. /bid. Aufw. That is true of fuch as ufeth the hvord , further then God hath allowed, or contrare to his exprefle revealed will , but not of fuch as have 1 lawful call thereto by the Law of Nature, and ufe it in their linlefie defence , when there is no countermand of God. Which place we have abundantly vindicat already, v shewedthat his commanding them to fell their cost to b-y aently warrandeth this felf defence: And though bme do take that fpeach to be allegorick, yet the whole ronttxtcleareththatitismeaned offwordsofftccl; for they aid, h'oe arc tuo [words , and he faid tt is enough. Sure I vere fwoids of outwaid mettal, as the event proved : And o an! ■■ v. i€ : xrer. < 1. \vi:h //*/; n- zer. $ Princes have been rebuked > 2. Sam. 1 xi ver. 7. and refilled x thron. 17: ver. 17, 18, i5>, 10. andfo the meaning is, no manmuft queftionhis juftaftions warranted by his law full authority. Or , it is but folly for a man to ftrive with fuch an one, as is able to execute his cruelty and to do what he will : fee the English notes on the place , and Mr lackfons: but as this doth not juftify Kings intheiroppreifing j fo neither doth it condemne a refilling of their tyranny , more then the refilling of the opprelfing vio - lence of fome mighty robber, who hath power to do what mifchief he will , whom yet lawfully we may refill if we be able. Ob]. 19. The author of anappeA toconfcUnceadduceththdt place Pfal. 105: ver. 15. Touch not mine anoynted . Anfw. Hence it clearly followeth that Kings and Princes should not eojure the Saints and Servants of God; for this was meaned of Abraham, ifaac, andiacob, and of their Wives and Fami- lies , who were fojourning as ftrangers from Nation to Na- tion, as the context cleareth, and the words following and do my Pfyfhcts no barme. Andfo relateth to what we hearc Grw.ii/ v. 1 c,/o ic. £Ji o: i.($c (ji6: 1. tSc&t is not mean- ed of Kings and Princes as fuch. So that this anoynting is fuch as is common to Priefts and Prophets, & to all the faints who are fpiritually anoynted, and fo become Kings & Priells Unto God I Pet. 1: 5. Rev. 1: 6. and s \ 10. Obj. 10. Dm ternty Refulvmg of confeience would prove from j Sam. %:ver. 18. that fub;ects may do nothing againftTy- rants , but cry to the Lord. So Crortus. Amfw A$dwd$M4td ncn mgnant. Wcmay both cry to theLordand refill , as imdg. 10. £*oU. 14. 1 then. ji\v. 10. zf\jtg*i9. zchrcn 14: v. 9. £5V. ind 13: /4jM» 1^. 2. Thetexc Uuh not , rfajfagUJu 9/her remedy left elembut crying j or that it should be lawful for :hem to do no other thing. Wt finde that they refilled this King, when he was about to kill innocent lonathan. 3. The words at mofl but import a prohibition of ftttfl I 364 The Obje&ions Cap. XVII. have the government changedYrom King to judges 4. Sup- pofe it were fo; yet, it importing only a punishment unto them for their importunat and headitrong affecting of a King, will not in reafon reach other Nations not guilty of this crime. Yea 5. This prsedi&ion could not bind up their owne hands from a defence ; but at moll import, That all their refiftence or defence should be in vaine , through God's not hearing or helping them in refilling. Obj. 1 1 1 The author of an appeal to thy confacxce propofeth this argument. That evil Kings and Tyrants are afflictions and punishments inflifted on us by God. Therefore we should fubmit patiently, and not refill. Anfr. Theconfe- quence is nought , for lb are forraigne enemies, therifeing up of inferiours againft us, ficknefle and paines on our bodyes , and the like , and yet thefe may very lawfully be refilled. Ob), iz. Equals have no power over equals, much lefie have inferiours over Magistrates Albtr. Gefml. m. dtfpp. re-[ j galib. Anftv. Superiority ,is not requifite to lawrful defence , as is faid: 2. A Tyrant as fuch is no Magiftrate > but a pri- vat perfon, obj. 23. No punishment for Tyrants but vexation of con- fcience id. tb. Anfo. All evil doers may expect that punish- ment as well as Tyrants, and yet they may be refilled, yea« and punished with civil punishments. Obj. 24. The removing of a Tyrant occafioneth civil vvarres , which makes the remedy worfe then the difeafe id.- tb. Anfo. 1. We fpeak not of removing Tyrants ; but of refilling them. 1. This is the way to prevent ruine and de-* ftruction to the Commonwealth , even to refill Tyranny. 3. A civil warr may be more advantagious , for Religion and- thelibertyes of the fubjefts , and fo preferable to a brutish fubmiliion to illegal tyranny: And every kinde of evil is: not to be endured for avoyding a worfe in probability I 4. Defpera: difeafes mull have defperat cures ; and it is better to hazard fome thing in a warr, then lofejall: VVe know not what the event may be , we are bound to defend Religion , and the liberties of the countrey , and commit the event to God- $. It hath been found that the putting away of a Tyrant , hath proved ; Of others anfwered. 3 6y proved very advantagious to the Countrey , and to Religion: and hereby all their lofle by warr was more then abundantly repaycd : yea and ibmetimes this hath been obtained vvithouc much shedding of blood. Cap. XVIII. How weakly & foolishly The Surveyer maintaineth the Union ot his Majeftie's Dominions, is cleared. TTAvingthus difcufled all which the Sttrveyerhaxhinhis JTj. railing pamphlet faid , againft this truth which we have maintained j and having ( fufficiently as we fuppofe) vindi- cated the Peoples right to defend thcmfelves , and their Co- venanted Religion , from manifeft and intolerable violence tnd oppreiiion, we might without the leaft injury imaginable ourcaufe, wave the examination of what he Principally ethat Cap. i ($ 3. £5 4. as being extrinfick to theprefenc queftionr and becau'e we arc not neceflitated tomaintaine thefe opinions which he fetteth himfelf againft in thofe chap- ters , our queftion being diftinct from thole , and eafily main- rained without touching upon thofe rockes. But yet becaufe this windy man would fame make his Majefty beleevethac ne had not gotten his reward for nothing , but that he had done fome notable piece of fervice worthy of it; And !iad difcovered fome rare fecret , the difcovery of which, sof nofmall advantage, but of great ufe both for the pre- ervationof the union ot his Majeftie's dominions , and for :he faveing of his life from the ftroke of adverfaryes ; we ihali manifeft how little ground he hath to father any of thefe iflertionson Kapl.tah , and then difcover how weakly and foolishly he maintaineth his Majefiie'sc3ufe, inbodu (that al the world may fee,thac he hath come short of perform- jing tlvac fervice to hisMaj. which he hc#t undertakcth^&that 366 The Surv. ail evil de£ Cap. XVIII; he hath been fo far from laying the devil after he had raifed him 5 that he hath done his Ma;» no fmall piece of diflervice in ftarting queftions fo dangerous to hisMajefty's Kingdomes and life > when he had no ground given him ; and after he had moved the queftion , left it worie then he found it; and ib did little leffe thea invite fuch as pleafed , to doe what he alledgeth Naphtaly and his complicefc had a minde to: do. The firft queftion which he fpcakes to Chap . i. Is touching the diflblving of humane focieties 5 which in fome cafes po- liticians will yeeld to. fee Althxfpol. c.3 8. »♦ 76. And the thing hedrivethat, is to fallen on the honeft party a refolution and defigne, to diffipateand diflblve the immemorially fetled frame (as he loveth to fpeak Pag. 9. ) of that Nation and Kingdome, which through divine providence hath in many generations fubfifted under our lawful Soveraignes , for the common beneiite of fubje&s at home* and to the honour and renown of the Nation abroad ; yea and to the glory of divine providence, which hath through many ftormesin fe- veral ages , preferved us in this comfortable conflitution. And this he devifeth of his owne wicked heart , of purpofe to make thefe cordiall lovers of Religion and of their Coun- trey ? hateful to all the world , if he could ; and therefore? he would reprefente them as men of ftrange principles, & pu^ poles. But wo to fuch as make lyes their refuge ! Thii man thinketh to make theKing glade with-hisLlyes 3 butwdlj know that the mouth of fuch as fpeak lyes shaft be flop ped. But fure one would think that he behoved tohavefomef clear ground to walk upon in afferting this of us , andefpe-^ cially when he is at the paines to fpend a whole chapter, to -i confute it. And yet vvhen he hath rambled upanddowne* that book of Napktali , to feek out a ground lor this affertion , he can not adduce any one fentence, that even with half an eye { doth look thereaway, except one, which yet hath no fuch de- figne or import. The fentence is this Pag. 150. [That through the Alamfeft and notorious pervtrfion of the great ends of Society , and \ government > thz bind thereof betng dtflblved , the perfons one or mot Of the Union of his Maj. Domin. 3 67 moe thm liberated therefrom , do relapfe into their primeve hherty and frhnlegc , and accordingly as the fimtlitude of 'their cafe , and exi- gence of their caufe doth require , may ufon the very fame principles agame joyne and affoctatefor their better defence and prefervatton , as they did at firfl enter into SocietyesJ] For clearing of which thefe things would be obferved, . 1 . That the author there is only adding a few obfervations, to cleare the innocency of thefe noble witoefles , who died o wneing the intereft and caufe of Chrift , and to shew how free they were of the crime of rebellion , with which they were charged . Nowall know that as thefe worthies , had no defigne, of erecting themfelves into a diftinft common- wealth , nortomakefucha civil politick feparation from the reft of the land *, Co the way which they took, diddire&ly tend to have the whole land united unto God, and among themfelves, as one for God and to God, in the bond of the folemne league and covenant. Had they defignedfuch a fe- paration, they behoved alio to have chofen more appofite & titmeanes, then thefe were which they did ufc, as any of halfe a judgment may perceive. 2. That as themaineand only defigneof thefe worthies, was to defend themfelves and their Covenanted Religion , from manifeft opprdlion and tyranny, and to have the land ecovered from thac wofull courfe of backfliding and de- terring from the Lord , whereof it was guilty , and wherein t had ly en for manydayes : So , This author is only clearing heir innocency, as to that : and therefore in the firft obferva- ion Pag. 147. He cleareth the native ground oiftlffrefervatton: id in the i. How the perverting of the ends of govern- lent doth not deftroy this native right , but that then eople are as free to defend themfelves as ever, evenagaintt eoppreiling rovers, who in that cafe, according to King 'tfwt/histcftimony and practice, become Tyrants, and are ,obc refilled: and in the 3. How all powers are obliged , "notexprefly, yettacitely, to walk in a due fubordination God , and to profecute thefe great ends of government : ] Lnd particularly in the 4. How our King is bound by the «,f|awesof the land, agdby his coronation covenant oath , t.» «■ Rule 368 The Surv. an evildef. Cap, XVIII Rule for God and the good of the People : And in the 5 How all even the moil Malignantly affe£ed, would a(Ten to this , as an undoubted truth, in their owne particular cafes Andcometh in the 6- Place to the words cired , which mufthave the fame import and tendency, to wit, tocieai the innocency of private perfones felf-defence, and defence of Religion , when the powers which should minde and ftudy according to their place & power, to promove the great! ends of fociety and government viz** the glory of God , and the good of the Subje&s in foul and body , do mani teftly and notoiioufly pervert thefeends , and preferrethemfelves , and their owne lufts , unto the will and glory of God, and to the good of the People* The fame is alio cleare from the following obfervations , which do manifeftly pbynt at the clearing of people being bound in duty to defend them- felves and their Religion , conforme to their engagements vowes and Covenants , which ftill ftand in force? notwith- ftanding of any thing done to the contrary of late, in their acts refciflory and condemnatory. }. The very words themfelves, to any who is not utterly blinded with prejudice , can import no more then that, when through the notorious and manifeft perverfion of the great ends of fociety and government , the bond thereof is diiTolved , and the perfons now relapfeing into their Primeve ^ liberty and privilege, may no lefle now joyne and aflbciate together, to defend Themfelves and their Religion, then at firft they entered into focietes: For, as their entering into jco< focietieswas for this end, andtheirfettingupofMagiftratesj^ over themfelves was for this end; fo when the MagiftratesF croflc their end and rule , and thereby annul the relation , or #v make it invalide for the ends, they may joyne together nowr* for thefeends, as they might have done before the formal^ inftiturion of Government. And who can deny this to be tP" truth f Or who can hence inferre ( but he who is of a per- fe verfe fpirit , and for his perverfe ends feeketh to pervert all F things ) that he pleadeth for the la wfulneffe of Peoples crum* F bling together. in lefler fractions and petty commonweal-fc thes. 4, Suppofe Ot the Union or nis Maj • Domin. 3 69 4. Suppofe the words should be capable of that glofle > which the Surveyer pucteth upon them^ yet as they lye con- nected with what preceedeth and with what folio weth , they can 5 atmoft) be but a Medium for proving the intended con- iclufion ; and fo muft be confidered as founding an argument a Major* ad minus , from the more to the lefle ; To this pur- pofe : if when through the manifeft and notorious pcrvcrfion of the great Ends of fociety and government, the bond thereof is duTolved, and perfons relapfe into their pnmeve liberty > fo that according as the fimilitude of their cafe, and exigence^f their caufe requireth , upon.the fame principles, they may agaiue afibciate and combine into new and difl Societies and Commonwealthes , for their defence and pre- fervation : Then much more may they lawfully now joyne and atfbcjate together for their defence and prefervation, without making any fuch rupture, or new ere&ions ; but endeavouring to keep the old Society tirme and intire, undu- folved , and unvveakened. So that though his glofle should be admitted , he doth but bewray the ignorencciof his capri- cious braine, to take the v^/«/* forthe conclufion* And the antecedent will be granted by politians , and isexprefly afieitcd by Althufiu* , f-dl/t. op. 20. Num. 10. in cafe the Prince keep not his prom ife, but violate his faith and Cove«« nam. 5 . Suppofe alfo that this which he alledgeth had been the mthors pofitive alfertion , can he hence inferre with any :olourofrcaion, that it was or is the deligneof the author mdhis party, toditlipate and diflblve the oldfetledf. . kf this Kiogdome 1 and ercft new Commonvvealthes with diftio<3 Soveraignes { Seins* every one knovvcth, UC many things are lawful, which are not expedient , con- enient nor neceiTary j & that it vverc the refult of no matu: c eliberation, but of madneffe and folly , to intend andde- Igne fuch a thing , which ("though lawful in it felt, yet all lings confidered were, very inexpedient and uoocceffl ea notonly not advantagious to their ends and purpofes , but Uitedeftru&ivc thereof A J New 370 The Surv. an evil def. Cap . XVIII. Now fince the Surveyer hath drawne in this controverfy bytheeares, and fetitin the front of his learned and elabo- rafpamphlet, vve mufl fuppofe him one who is well verfed ifi this topick5 and can giveagood account of his politick notions touching this quaeftion. But alas if he had a real advcrfary to deal with (as now he doth but faigneoneto himfelf: Sc it is eafy fighting againft a man of ftraw , or one of our owne making) his ridiculous and yet audacious folly , would eafily be made to appear : his adverfary would laugh ( as indeed he would have caufe ) at the shak^ig of his fpear. ■ * He maketh thisthc/fo/Er which he undertaketh toconfirme. That [liken poltttcl^bcdys are fried m voluntary ajfoctattons , or whatever way tn the conrfe of divine providence , they have been reduc- ed to live under the fame lawes and authorities , and hav§ continued kng in the union of a common tntereH , under the protection of Magi- fir acy , to breaks off from the body tn f edit tous fecejjlons , cannot but be difoleaftngtoOod^ andtlxy are no other then fir tbtands, confounm ders of humane fociety , fighters agamft God and his §rdtnance i who tnfttgate People to cut ojf themjehes from the body of the Com - 7nowealth whereof they are members.] But would not his adverfa- ry tell him that he had granted as much in the words imme- diacy preceeding , as would make him and his pofition both ridiculous : For he hath granted That the Lord hath not by any precept particularly determined the bounds of every embody ed po- litical fociety , There being borne greater , and fomeleffer, acltn± Hi der then 'fever 'al heads and fouveraigne Magiftratet. And feing neither God nor Nature hath determined the quantity anc extent of each Republick or embedyed Politick Society what more affinity hath it with finiul fedition , to fay that greater bodyes may be divided and fubdivided intc lefler Republicks, then to fay thatmoe lelTer bodyes ma; affociate together to make one greater, eipeciallyfeingPo liticians tell us that the ends ot government are moreeafil; attained in a lelTer Republick, then in a greater ; and that mid way commonwealth neither too large, nor too little, i the beft, as being leffefubjeft to vices and greater calamities as was to be feen in the Roman Republick before it was ei large ut tne u nion or ms jyiaj .uomin . 371 larged in the daycs of Manu*% Sylla, Pompeyj and c*fary and is to be feen this day in the Commonwealth of Venice, and the like> as Althufiu* shewes us, Vcltt.Cap.9. num. 11. The time was when all the World was under one head , and after they were multiplied, they became diftmct Republics without any finful or feditious feceilion . The time was when all thefe wefterne parts were under one Empe- rour , and was nothing but a feditious feceifion > caufed by firebrands , the ground of their becoming many and di- I ftinctRepublicks? The time was when Scotland, England 9 and /WW, were diftinck Kingdomes , and under diftinft Soveraigne Magistrates, and what repugnancy were it either to' the Law of God or Nature, to fay they might be foa- gaine i So were there once Seven Kings in England at once ; and moe then one King in Scotland at once : and by no reafon can he prove that it should alwayes be, as it is at prefent, but by the fame reafon his adverfaries could prove him guilty of treafon \ for he behoved to fay? that becaufe we were once all under oneEmperour, we ought to be fo ftill , and that the King muft either hold his crowneof theEmperour, or be an ufurper and a feditious rebell ; for in the courfe of provi- dence we were then reduced under the fame Lawes and Au- thorities, and continued in the union of a common intereft for fome good fpace of time , Yea and obferve many of thefc civil Lawes yet. Thus we fee whither this advocate will nj drive the mattered how little fervice he doth hisMajefty for '\ all his rich recompence. But it may be his arguments are cogent and binding : He hath many words, Pag.^^S ^. to prove that this is contrary to Religion. The fum is this* [ Never greater perverfion of go- vernment then tn the ttmes of many of the Prophets , and tn the dayes ifchrti}-) and his hAy Apostles , and primitive C'hrifiians , and )et this w*i never their doflrine or fen fc_j. ] Anfv. Is this all that he can fay, to prove that this is contrary to Religion? Mire his adverfary will think that he hath little Religion who fayth fo , and that he hath farlefse loyalty to his Mafter the d KingofGreat Biitane , for why ? Becaufe contrare :othe doftrineof Chrift and the Apoftles, and thefenfeof all the A a % primiti 37x The Surv. an evil def. Cap. XVIII. primitive Chriftians, he acknowledged the King of Britane to be a diftinft King from the Roman Emperour , and not to depend upon him . They never taught that Butane and jrLvs.-l should be ruled by a King diftinft from him , and that thdfe Iflands should be feparate from the Roman Empire, and fo the King holds hisCrowne byufurpation , and by an irreligious feceifion from the Empire, which neitherChrift nor his Apoftles ever taught , and muft not this man and not we, acknowledge luddt of Galilee -> and Thendas to be his Mailers: For they taught (efpecially the firft , as /ofepku*, and Rrjfirttc* out of him shew us ) that no tribute should be erven to the Roman Emperour; 2nd he vvildothe feme, and fey that it should be payed to King Charles the u Next his adverfary would tell him , that if this were held and maintained as apoynt abfolutely necefsaryto falvation, then his argument would fay fomethirig ; But feing it is only held as lawful, and according as providence determineth it to be convenient or inconvenient , to be practicable , it is fuffi- cient if the dochine of the Prophets and of Chrift and his Apcftles, do not condemne it, as Amply (infill: And that by this argument of his , it should be utterly unlawful now for trame and Holland, and other adjacent Cbuntreyes , to joyne together in one: and proclame King Charles their Sove- raigne Lord and King • becaufe neither Prophets nor A- poules taught any fuchdoftrine , that many ieveral foeieties should joyne together under one head : And who is a friend to the Kings greatnefle now ? If this man be worthy of his wages, let all the World judge. Moreover they would tell him, that in the dayes of fome of the Prophets, there was a greater diHipation and feceflion, then any that is now deAred , when the Ten tribes feparated themfelves from the other two, in the dayes oiRekohoam and erefted themfelves in a diftinct Republick, under a diftinct Supreame Magi ftrate > and we finde not this reproved by any of the Pro phets , yea we finde a Prophet fent to tell leroloam that God would give him Ten Tribes, 1 i\jng. 11; w.ih £5V. and when Rehoboam would goe and reduce them under his fub' jeftion by the power of the fwoid, we finde another Pro phet Of the Union of his Maj. Domin. 373 phet fenc to diflvvade him , in the Name of the Lord, 1 i\jxg* ii:ver. It, &c. and faying that that vasfrcmthe Lad. And fure this pofitive is as forcible, as his negative. And furder, even in the dayes of the primitive Christians, the RomanEm- pire was divided , and how it is now fubdivided and re - fub- divided into many fractions , we all know : and can he shew us where any of the godly zealous Chriftians and fmants of God fpoke againft this as a feditious practice i But it may be that he will prove this affcruon, though not difibnant to Religion ; yet dilfonant to found reafon. Let jus hear how he doth it? \jcr ( fayeshePag. 5.) "bath* dear tendency to break tn pieces all humane foe tetyes — vhteh no rv'it cf man can preferve from diJJJutton, /fthu principle be diur\m: For by this .Mans oHnion> the judgement rj the perzerfion of the ends if government ts put over to the discretion of tie fuff ex eis of prejudice, andtl.ey are accordingly to determine then nelsons, and no.hirg should hinder them but vant of probable capacity to through thetr vcrli* ] But poor Man, as he hath made shipevvrack of faith and of a good confeience , fo hath he made shipvvrackof his reafon alfo ; for his adverfary would now think the caufe won : For grant once that a feceiljon and feparation may be made , when the ends of government are minifefllv perverted , and they will feek no more, for they will readily grant it ought not to be, when there is no juft caufe , fuppofe that a great part should in their difcretion judge there were real caufe ; And where is he now i Where is the pofition that is fo dii- fonent to Religion and Reafon ? Will healfo owne it r Did Aaphtalj fay that when ever a few of a fociety thought in their judgement of difcretion , that the ends of government ' f>erverted, they were relapfed into their primceve ltarc of iberty,and free to make feparations from the old fociety tod afiociateinto new combinations? Andfincehedid not fay fo, how can this advocate make his pofition Stf | runt either to Religion or Reafon \ But the man , lei be never fo well hired , is obliged to reafon no beer can. Let him grant [ and he cannot well dor lawful for : >ciety to divide into two our when the ends of government are really andmar.i: Aa 1 vtn 374 TheSurv.anevildct Cap. XVIII verted, in that greater fociety fo united , and his adverfarieg will foon fatisfy him (if he be rational, or a man fit for focie- ty who will be ruled with reafon) concerning the judgement of that perverfion. He but expofeth himfelf to pity, when he cryethout (taking alfo God's narrje in vaine ) [To what times arevereferved, wherein the unmeafureable audacioufnefle of Men dar prefent futh foyjon to a Chriflian People , and to attempt the breaking them tn puces byfuch dotfrwes which both Religion And found Reafon abhorres. ] For no body hath either feen Religion nor found Reafon alleged againft that pofition (which hefayeth Kaphtaly fetteth down. ) But we will fee more of this vaine Man's ridiculous ranting in the following words [ Dot this libeller (fo fpeaketh this non-fenfical railer ) fay that this is a fundamental confttutton of political focieties , that at the arbitrement and IhH of any mtmr part of private per font , pretending a perver- fion of the ends of government ( a pretence that will never be wanting to Malecontents and Malapert wicked ones , Even leather tnes and highlandtsh theevs , and it is real to them if they themfelves be admit- ted judges ) they may make fecejjion from the foctety m which they are tmbodud , and renunce their obligation to the government thereof.] Now he foares high in his fcurril rhetonk , and as orna- ments of his difcourfe, he muft bring in his Catherines and Highlandish theeves , but to what purpofe is all this fuperfluity of vaine empty words 5 Where or when faid Naphtaly, That that was the fundamental Conftitution of politick focieties ? What rational Man ever faid fo ? Is this the only thing which he denyeth ? Sure he is an ill maintainer of the union of his Majefties dominions \ for his adverfaries will grant all this, and yet fay and be able to maintaine (for any thing that he hath faid ) that when the Ends of government are mani- feftly and notorioufly perverted , People relapfeing into their primscve liberty and privilege * may, according as the exigent of their cafe rcquiretfi , aflbciate into new focieties for their defence and prefervation. But he addeth Pag. 6. [Suppofe there bt a breaking off, upon that pretenfon {which will never be wanting to cover fed/tic n and con f upon ) ofpeiverfion of the ends of government , the party making ftceffion may haply meet with the f.me meafure they gave , for if a minor party artfe among them with Urtne union or nis Maj.i^oiiun. 375 wtth the fame acctt fattens, mujl they not have the fame privilege* <4nd where shall there he ajiand * ] His adverfaries would fooa reply , that whatever be in that abfurdity, it doth not con- cernethem, for they plead not for a diffblution upon ameer pretenfion of this perverfion : Andbefide, they plead not for it, even where there is a real and notour perverfion, as a thing neceflary, which they muft goe about > never once confut- ing whether it be expedient or inexpedient , and whether they fee a more feazable way of attaineing the ends of govern- ment, whithout fuch perverfion , after the feparation is made, then before, or not: But only as a thing lawful , which may be done when they fee it moft convenient for the ends of government : And when they walk by this rule and principle, they will foon fee where tomakeaftand. For they will finde that the crumbling of Societies into too many andtoofmallbodyes, would put them as far from attain, the ends of government, as they were while aflbciated in a greater body. And this is all which he hath to this pur- pofe* For as touching his application of this. Pag. 9. **d 10. and alleging that there is no pcrverfioirof the Ends of go- vernment now, it hath been fpokento already, and his ad- verfaries in this nofition ( if there be jny fuch, which I 20) ignorant of ) will think and make out ? that the ends of go- vernment are fo far perverted, that if there were no other thing lying in the way of afeceilion , then what he hath laid, they vvouLl think it of concernment to minde this outgate, which they had no thoughts of before. And the King should then think himfelf little obliged to this man and his defences, and wish that he h, taping when he wa- kened fuch a debate , andhimfelfhadbeftowedhis gold an- other way : For fure if fuch a thing were upon the h of People now 'as I hope & am confident it is not) they will profefTethcmfelves obliged to this Suneyr, for putting it in- to their head fir ft , and tine all which he harh faidagainft it, would rather invite and encourage them to it, courage them from ir. May not then this Man be ashamed to take his Maj< Money , and do fo bad fcrvice for it , a A i 4, 376 TheSurv.anevildef. Cap. XVIII Some will pojlibly fay what could any perfon havefaid more; Well , though fome should think me officious to take his Majefties part and defend hiscaufe? un- hired, yeaandunde- fired, yet I will propofe one thing , which I am confident, shall be more effeftual3 for prelerving theimmemorially fet«* led frame of this Nation , and the union of all his Majefties Dominions 3 to all generations, without diifipation ordiflb- lution, or any hazard or feare thereof ; Then what this Pamphleting Prelate hath faid, Or will fay, though he should write volumes , at this rate ; What is that , you will fay ? It is no great fecret, yet if heartily followed, it shall prove infallibly effeftual. Let his Majefty Turne to the Lord with all his heart, and repent of his fearful per- jury and defection , andminde his oath made unto the great God, and performe his vowes, and fulfil his Covenant which he fwore with hands lifted up to the moft high God j and folemnely promifed to owne and profecute, as he should anfwere to God 3 in that day , when the fecrets of all hearts shall be difclofed ; and execute judgment on the A- poftate 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 ail others who have been authors and abettors of this hor- rible courfe of defection , and unparallelable apoftafy , which makes thefe lands an hilling and a by -word to all nations ; and lei him honeftly and with an upright heart profecute the ends of thefe holy Covenants , and with that Godly King Ufa. z. Cfoon. 15. Enter into a Covenant? that whofoever will not feck the Lord God of Ifrael , shall be put to death , whether fmall or great , whether Man or woman : And let his fucceflfours follow his footfteps in this, and he and they shall finde , no imaginable bond fo fure totye his Kingdo- mes together perpetually , as an indiiToluble Society , then thefe holy Covenants , particularly that fokmne league and Covenant. In which all his fubjecls in Scotland , England , and irelard, did fweare in a moft fc.lemne manner, tomaintaine and promove reformation of Religion in Worshipe, Doftriae> Discipline, and Government, and endeavour to bring the Churches Of the Union of his Maj. Domin. 3 j7 Churches of God in the Three Kingdomes, to theneareft conjunction , and uniformity , in Religion , Confeilion of faith , Forme of Church government Directory for wor. shipe and Catechiieing , &c. that they and their pofterity afte. them, may as brethren live in faith and love, and the Lord may delight to dwell in the midftof them . and that the Lord may be one and his name one in the three Kingdomes \ and to endeavour the difcovery of allfuchas have been, or shall be incendiaries, Malignants, or evil inftruments , by hindering the Reformation of Religion, divideing the King from his People, or one of the King- domes from another, or make any faftion 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 , ac- cording to their place and intereft, endeavour that the King- domes may remaine conjoyned , in firme peace and union to all pofterity : And that they shall not fufFerthemfelves di- rectly nor indirectly , bywhatfoever combination , perfwa- fion or terror, to be divided & withdravne from this blefled jnion and conjunction. Now what bonde moreftrongto jniteand keep together his Majeftie's Dominions can the wit rf Man imagine ? And shall not theowneingand profecut- ing of thi% Covenant, Appear to all rational perfons the molt infallible meane to effeftuate this indiflbluble union mdlaftmg Conjunction , th,atcanbeinvented? Aa 5 Cap. XIX. 378 TheSurveyer an evil Cap. XIX. How weakly and foolishly ttheSurveyer defendeth his Majeftie's Life, is shewed. THe St&veyer , finding how poorly he had defended the caufe now mainly controverted, viz. The unlawful- nefle of Peoples defending themfelves, and maintaining their Religion againft manifeft and intolerable oppreflion. cap. i> That he might do fomething for his money > would ftart another queftion, wherein he thought he should do his Maj.' fome acceptable piece of fervice , and fecure his life , when all came to all: Though he could not cudgil with his rail- ing ( for he can move none with his reafon ) the People into a ftupide , and irrational fubjettion , fo that let the King rage worfe then ever Nero did , they should not lift ahandtorefift and withftand him > He thinks he shall do the next beft , viz, he shall fortify his Majeftie's perfon , and fet fuch a guard of impregnable reafons about him , that no man > no company of men, yea no judicatoure , shall ever approach to touch his facred perfon , or to fpoile him of his life • a guard of reafons like lyon rampants , be - like he thought tfcem, more invincible and faife , then a legion of the motf valient Cham- pions that his Majeftie's Kingdomes can aford. But poor man, he may dreamethat fuch armes are impenetrable and proof, becaufe they are the beft in his armory, or that his dull head could hammer out: But no man of reafon will think fo f: yea all who know what belongeth to this controverfy , and arenotprofeffedadverfaries (yea and the moft ingenuous oi them too ) will upon fecond thoughts be forced to fay, That never any put pen to paper in the King's quarrel > who hath fo foolishly and childishly, managed that difput; and how little he deferveth thanks ( let be a reward) for hispaines, fuch as are fober will judge , when they confider hovy little ground , he had to move fuch a queftion now , feeing the wronging Defender of his Majefti's life. 3 79 wronging of the King's Perfon or his juft authority , was not intended by thofe worthies who arofe for the maintenance of Religion; as fuch of them who were publickly put to death, did openly upon the fcaffold confefle and avow \ andconfi- der alfo how the Author oiNaphtaly hath been miferably raif- underftood by him. It is notour purpofe , nor our prefent bufinefle, to fpeak unto this head > and shew for what caufes , or by whom Kings are to be queftioned , depoled > or executed : Far lefle is it our purpofe to defend the taking away of the late King's life, though this railing Pamphleter thinks to fallen this upon Kafhtaly. And therefore we might pafse what he fayeth to this purpofe, chap. 3. Yet as in the preceeding Chapter, we have shewed how ill he hath maintained the u- nion and conjun&ion of his Majefties Dominions ; So in this , we shall show how weakly he hath guarded his life, againft fuch as would oppofe themfelves unto him, in this queftion. Butfirft, we would take notice whether Naprhtalt hath ,| given him fuch ground to faften upon him thejuftificationof j the murther of the late King , as heallegeth. [ The matter :[ ( fayes the Survey er ) in dealing vtth MagtJJrates ( according to ] Naphtali s mi?:de ) refts not in a meer nfftence of them by meerprt* 1 vat e per font 1 hut goes en to a retal/at/ng and revenging upenthtm J vrongs Juppe fed to be done fcr this man agatne jeers at the j Soveraigne Powers Privilege , and Impunity of Dtvtne exemption.] j Anf Doth this man know what he writeth ? Doth Xanhtaly 1 fay , That private perfons may revenge wrongs upon the Su ■ pream Magiftrate , becaufe he jeers at fuch as plead for fuch ; a Privilege and impunity unto Soveraigne powers, as will •xempt them from all tryal and punishment , both of God . and Man? What meaneth he clfc by this impunity of di- vine exemption ? Then he tells us , Pag.yi, and 77. That Naphtah Pag. 19. reflefts not obfeurely upon the horrid mur- ther of our late Soveraigne. Let us hear Naptalys words j then shall we better judge, [ Ar.-d as theje infer icur Trtnces (fayes Naphtaly , Pag. 19. ) Do often faget thetr fubordmattcn to the mcfi High in then wi'wft command* , and went d u\rtr^eht4 fb :r>e , by an 380 The Surveyer an evil Cap. XIX. *n uncontrollable Sovcraignity : So the Lord by the warrand cf hit Word and approbation of his providence, and alfo of the People (wkenby\ D them opprcjfedybut by km ft If animated (3 lengthened) hath declared Dt & made void this then pretended exemption £$) impunity , £5* removed A the carcases offuch Kings, and brazen their fcepter: amongsl which prece^ ) stents 5 the tn fiance ofthtfe ttmes, whereof we now fpeak^ , // worthily re- g corded > anddeferveth better to be remembered^ Now Naphtali is ij< Ipeakingof what fell out betwixt the year 1494. and the U year 1560. in that place ? and makes no mention of what tell fc. out an 1 560. and afterward till he come to Pag. 3 r. 0C. Sure & then* the times he is ipeaking of being before the year 1560. ti are far from the times wherein King Charles the firft was exe- pel cuted. Butfayeshe, there wasnofuchthingasmurthering fe of Kings or dethroning of them * at that time , 4njw. Yet fa the Lord , at that time > declared and made void the pretended do; exemption and Impunity of Princes and SoveraigneGover- ooi nours, by removing in his providence their carcafles, and by e the approbation of the people , when by them opprefTed , & j | by himfelf animated , breaking their fcepter^ as vvefindemo was done to the Cj^Kegent anno i^s>. when she was by the Ic People, the Nobles , Barons and Burgefles aflembled to de- his liberate upon the affaires of the commonwealth, o#*£. lojik depofedfrom her Regency, and upon the ninth of lun the \k nextyeer5 God.removed her carcafse by death > fb that the far land was no more troubled with her. m Who may not now fee what a poor ground this Railerhad% jis to father fuch a tenet on Naphtali, as he doth ? And what ad. k vantage the King's caufe hath gotten by this 5 we shall novviroi fee* Hetelsus Pag, 71. [That moft of the venome thtsman% (meaning Naphtali) hath againf the powers ordained of God , fa; fop bath fucked out of the breafts of Lex Rex. It were not rsght to dig jifc Mp all the pe ft dent untruths of that piece , fet forth in mofl impertinent^ and fophtflical reafonings 5 mixt with infinite humane bsttet neffe^ , /tgawfi the late King : Only as it were to be wished that fuch err our s^ iJl, msght be buried m eternal oblivion \ fo it is to be regratcd that too ftwL. many of the Mtmslry and others m Scotland , have been poyfcnedli »tth fuch principles , and the fame not being very like to be f^ddenlyL\ exttrpat , the more need have the powers abo ve us to be watch full 4nf. * The; Defender of his Majeftie's life. 381 The author of Ux Rex and of NaphtalydXfo, afcribe as much o the powers ordained of God , as God's word will allow ; nd are no way oppofed unto them, but only unto Tyranny , vhich is no Ordinance of God : and this Man rather fpitteth genome in the face of the power ordained of God , when le goeth about to patronize and defend their illegal and ini- juous exorbijjflces , as if thefe were the ordinance ox God, which are raCfcr the ordinance of Satan ; Sure this is not :arr from blafphcmy , to call fuch courfes the Ordinance of 3od. 2. He hath taken a short cut, Iconfefle, toaniwere hat unanfwerable book Lex Rex. To fay, that it is full of >eftilent untruthes , fet forth in mod impertinent and ibphi- lical reafonings. Had King Charles the tirft , when he read hat book , remembered this, or thought upon it , he would lot have faid he feared ("as is reported he did) that it should lot have been anfwered. But what Man, who hath not de uidedhimfdf of all witandreafon, will take, upon this per- ured Apoftat's word , thefe Truthes which Lex Rexhizh de- nonftrated (& which this Man was fo unable to anfwere, that [muchqueftionif he well underftood many of them , or if lis lumpish braine could difcerne betwixt a fop hiftical rea- on and a true and real i eafon ) to be untruthes ', and thefe Niches fo wholefome and ufeful to all Republicks, and necef- ary to be knowne and wel digefted by all whoconfultthe .velfare of commonwealths , to be peftilent untruthes, and lisunanlwerable reafons , to be impertinent and fophifticab ;. I am fure all the Cavaliers, and the Malignant fquade vould have thought him well worth his gold , if he had in a bber rational manner difcovered the impertinencies and bphiftical rcafonings in that book, which yet is like to fpeak ifterit is burned, ^and under a legal reftraint , though he hould have fpent the moft part or his d ivcs upon it j it may >e, the Royal cabal would have thought it ntgnumo?**) and lave canonized him for it , and adviild the King to Remem- >er the iflue of fuch a worthy & finqular pillar of the tottering hrone. But the man knew how far his ftock would reach , .nd that all the gold in the Kii gs treafures could not make his lead ft.onger then it was , how ever it might fuperabun dandy 381 The Survcyer an evil Cap. XIX dandy fortify his purfe; and therefore , feing his shorthorn* could reach no further, his Majefty muft reft fatiffied witt this : And Lex Rex muft be declared , as it is , to be furdei unanfvvereable. 4. Seing he wisheth that fuch erroun might be buryed in oblivion , why did not his work follovi his wish ? Whydidhediguptheuntruthes(iffuchjagaine5 when he was not able to bury them dead nor atoe? Prudence ( if he were not innocent of it ) might ha%i? taught hirr filence , ieing he knew he could anfwere no better. 5 Such as have received thefe principles finde them mor< wholefome food then his foure leaven. 6. He needs no* ftirr up the Powers to more cruelty and tyranny then alrea- dy they exerce , neither will that be a way to extirpate theft principles , but rather a way to root them more deeply in the heart. But now what fayes he to the thing. He tels us in the firft place: That [The Cod of order hath in all humane political S octet yes appointed under htmfelfa fupreame power, whether fubjeflet in d /tngleperfon , or in a complex company, wh/ch orders the whole body having nothing before or above it , in the nature and order cf civil au- thor tty , and governs all in the foctety , and ts governed by none therein to fay that a perfon is chief, and yet hath a Supertottr or equal u tt foak^ contradictions', wife men have faid , that a multitude of God. t6 tie nullity of Gods > And multitude of infinites fo called make. no?ze of them tn finite , fo a multitude of fupreame powers in one civt fec/ety deihoyes divine ordtr.'] Anfw. r. Jt is true, God hat \ appoynted in all humane political focieties , a fupream power But I fuppofe, the Surveyer will grant, that this may as wel be a Parliament, as the King , and what hath he then faid fo. fecurity of the King's life, by this argument i 2. What eve) fupream power, whether in one or moeperfons, God had appoynted over politick focieties , he hath done it by th< People; andfo the People, who make and fetup, unde God , thefe fupreame powers , are above thefe fupreann powers > If he will not take my word for this, let hin read and confider how it is proved in Lex Rex , in many places fpeciallyfj»«fi»XIX. And if he will not reft fatisfied there with > lee him try his hand > And anfwere what is then faid, Defender ofhisMajeftie's life. 383 aid 5 if he can. 3 . Politicians will cell him that the King's fupremacy of power, is only in refpeft of the adminiftration, and execution of the lawes, according to the power com* mitted unto him, by the People; let him read and confider well Mthufas his politicks, as to this* 4. Andfo, though in refpeft of this executive adminiftration, he be chief, and governeth all : yet in refpeft of the royal fountaine-povver of Government , the People are above him , becaufe they ,givethisoutto him, and may, in cafes of neceifity, recal *:it, and give it to another -f So that ftill they referveafoun- a:taine- power over him, to be exerced in cafes of necef- fity : and therefore , there is no contradiftion here, becaufe net* ad idem: the father is above the fone3 and yet fubjeft to him, if he be a judge. TheEmperour isabove the prince palatine, and yet in fome cafes that Prince is his judge ; as the Tutor hath the fupreame executive power , and the pupil can not aft without him ; Yet in cafe of male adminiftution , the pupil hath a power to call him to an account. But finally what if his adverfaries should fay, that the King is not that Supreame power in Scotland, but that a Parliament, as the Peoples Representatives are above him? He may fee much faid to prove this in Lex Rex , and in the Apokgte. And how shall he be able to confute that \ And if Parliaments have i power to depofe Princes in Scotland ( as hath been often '-1 praftifed) how hath he faved the King's Scepter and Per- ^ (on? Butheaddeth, as a short anfv vers to cut all off that is faid , [A chtmara of idle diflinclion* ts whelped by the late M after* cf confrijion of co-ordinate and collateral Soveraignes in one fcingdome, the fountality of Royalty in the People ( re- fumable at their fUafure ) is talked of j alfo Kings and People there being mutual Magiftrates to punish one another, . and courts of neceflity and tribunals of nature, where People are judges accufers and all, are b:gly talked of '; but theft ^re only cloaks if fig leaves to ccztr Lcrr/d rthtUton (3 dtferdtr.] Anf. Every thing muft goe for a new whelped Chimtra , which this iaf blunt head cannot undcrftand : Can he confute fuch of thefediftinftionsas lex Rex maketh life of: Why doth he it not then [ How doth this maftcr of dilbrder blow away theff thefe figleave* > yea or difcover them to be fuch ? Is thi< the way he takes to falve his Matter's life ? By his calling fuch diftinttions chim&raes and rigleaves , he will notfavea tyrannical Magiftrate from depofition or vvorfe, by that power which is cleared by thefe diftin&ions. 2. As for thefe courts oineciffny, (Sc Royalifts muft grant them, who grant power in fome cafes to People to refill and depofe Kings , viz,, vvhen they turne habitual tyrants , fell the Commonwealth and the like : and in fuch cafes, vvhen the Prince doth fuch horrid things , which himfelf Fag. 2.4, thinks can hardly befal a Prince in his natural and right wirs How shall thefe things be judged? if he allow no courts, but the ordinary courts of juftice , and no court of necellity 2 Ay , but he fay es't hereafter [ That it is cert awe Supreame power is tndivtjible and incommunicable to dtfltntl fubjecls , many one po- litical Society.'] Though the fupreame executive power of ad • miniftrat ion be fo , either in one, called.a Monarch, or in the plurality of beft and chiefeft, as in Anftocracy , &c. yet the fountaine power of government ( which Lex Rex tells him is diftinft from the power of governing Fag* s°-) abides intire in the People , by which they may call the Governours to ac- count, depofe them, and fet up others to execute the lawes. V Grotiuswill tell him that the King may have one half of the Soveraigne power , and the Senate or Parliament the other, and if the King afliime that part which is not his , he may be refilled , where is then the indivifibility or incommunica- bility of this power , which he talkethof ? Thinks he that there is 1,0 mixed Monarchy ? And if part of the Soveraig- nity belong to the Parliament , as the Peoples Reprefentati- ves (asiscertaineinourconftitution } the King cannot be fo Supreame as he would have him . Therefore he addeth. [But why should we doubt th.it where there is a l\tng ( one tritely fo ) his So-ueraigutty is matchleffs on earthy when the Scripture calls him fupreame . 1 Fet.z: ver. 13. // there any equal to the Supream , in order of civil government }by whom he is judgesble or punishable* if any* he is not not Supreame nor the government Royals Ar;(w. This Chimerical Man gives us a diftin&ion of Kings, fo/netruely fo and fome falfly fo ; And what , and who are thefe ? ] t is like like the King of Poland and the Emperour oPCermany are not Kings truelyfo, ashefaid, becaufeforfooth they are not ab- solute above all Law and coercion. But what if more lear- ned politicians then ever he was, fay, that fuch aremoft truely Kings? And what if his adverfaries fay and prove alfo , that the King of Erttant is not fuch a King , as he ac- counts truely fo J His faying that the King of JJritane is ab- solute, will not prove that he is fo, and will be found but a weak defence for his life , if he be not able to prove him above all judgement and punishment, which we have not yet feen , and difpaire to fee , done. 2. Thefe words 1 Pet. 1: vcr. 1 3 . may be as well rendered , 7 be l\tngat (ufcre- «ww7/,and can import no more, but onewhohgdafupreme or fupereminent place in the adminiftration of government, notwithftanding whereof he might be & was accountable to the Senat of Rome : For learned politicians and lawyers prove that the fupreame power of government was in the Senate, even at this time, which clearly appeared in their judging and condemning AV<3, and other impious and tyran- nical Lmperours. So that even hence we fee that one may i be fupreame in order of civil government , and yet both judgeable and punishable. 3. His adverfaries will not much care how he call that government, Royal or not ; and whether he call the government of Britane Royal or not* Karnes in thefe matters and titles , which goe much by fashion or fancy, are but weak arguments ; and he will never be able to ftop the mouth of his adverfaries ♦ who would plead for calling King Charles to account and for judging him and punishing him , by faying he is a King , and the govern- ment is a Royal government , they would account thefe but thinnewals, andufeleiTe cloaks of fig leaves to preferve and defend intolerable tyranny. Hath this man no better argu- ments then thefe wherewith to defend his Majeftie'skoval life and pei fbn?Or hath the King no better advocate to and hath authority over him j by lawful commiJJion from God ; or from men authorized by God togtve fmh commtjfion , vow who shall be judge tothefetnvefled With Soveratgne Maje&y>fc,no Every foul under them is commanded to be fubjeft to them , Rom. 1 3 : ver* i . and feing the Supreame Power of the fword is committed unto them, and not to others , but by deputa- tion and in dependence upon them in a true Monarchy tltre muft be an exemption a* d impunity ( as tofub'jecls ) of the per- fon tnvefted with Sovereignity and Ma)efty. God's Law, Natures Light j and found reafon , are all for this , that fuch as are tnvefted with Soveratgne Majefty > having the legislative power, the jurifdi- clional power , the coercive and punitive power originally m himjelfy I muft enjoy exemption and impunity ( as to fubjecls actings again ft \ them ) the contrary tenet over thr owes the order of God and Nature y and precipitates humane foctettes in a gulf of endleffe confufions . ] Anfw. i. Here is enough to fatisfy his adverfaries : For s; They will tell him 3 that he hath not yet proved the govern- ment of Brttanei true Monarchy, in his fenfe > and fohe but begs the thing in queftion here, i . They will tell him > that the King hath not the fole legislative power , nor fole iurifdiftionalpower, nor fole coercive and punitive powers far lefle> all thefe folely and originally in himielf : And it is but to fuch Soveraignes that he pleads for this exemption & impunity. Doth not this Advocat deferve a lingular reward ; who pleadeth hisMafter's caufefo dexteroufly,by proving an il uncertanty, by that which is more uncertane, & founding all h upon his bare word? A noble champion forfooth, or rather a ioi Monfter, whofe word mull be alaw,& an irrefragable reafon ix too> Thus it feemes , whatever power he give to the King, k there is the Dictators power that he thinks is folely in him- ito felf , and that originally : but for all this he hath one difad- h^ vantage , that he is of little authority and of as little r. credite, with fober rational perfons. 2. He will grant that fa fuch Monarchies , as he accounts only true, are not every fadr where , no not where there arc perfons called Kings and Em- i r perours : How cometh it then that the order of God and tfa natureisnotoverthrovvne in thefe Dominions andRepub-1 io licks , aridthatthcirSocietyesarenotprecipitatedintoagul: ^ Oi1 t;.' Defender of his Majeftie'slife. 387 of endl efie confufions > Shall nothing preferve the order of God and nature, but that which is the molt re^dy meanco deftroyit, -vt^ an uncontrollable power in one Tyrant, to deftroyallhisKingdome,Man, Wife and Childe. 3* Po- liticians will tell him , chat the Etkcri, the Parliament are his judges 5 and that the People who byalawfulcommillion from God made him King and authorized him, are above him and have authority oyer him, in cafe he turne a Tyrant and pervert the ends of government. 4. Though it be requi- site there be an ordinary Handing judge to cognoice of contro- versies which fall out betwixt one private perfon and another; yet it is not al wayes neceffary there be one condefcended on, to judge betwixt the Soveraigne and the People , when the controverfy fallethout betwixt them , more thentha: Ithere should be a Handing ordinary judge to decide contro- .jverfies falling out betwixt two diftinft and independent Kingdomes. ?. What commiifion from iMan authorized 1 had the high Prieft , and fuch as joyned with him , when they depofed and killed .i/thaltab ? if he fay, she was m ufurper. True, yet she pofleffed the place fix years peacably ^without moleftation ; and who was judge, whether she was an ufurper or not > Had the matter been referred to her , she would have been as far from calling herfelfe an ufurper, as 1 Tyrant now will be from judging himfelf a Tyrant: And fo jj is in this cafe, the Tyrant fine ekmlo had a judge above 1:hough she was inverted with Soveraigne Ma jefty , fo in th^ )ther cafe, The Tyrant exerutiO) though inverted with Sove- aigne Majefty,hath a judge above him. 6 .The phccRom. 1 5 . ^ $ to be underftood ( as was shewed above ) of inferiour j Magiftrates as well as of the fupreame : And it fayes of all in • i authority, that fuch as are under them should be fubjeel unto :jy bem , In fo far as they are fubjefts unto them : fo in poynt :v* ifadminiftration of juftice according to equity, allarefub- fjj eft to the fupreame or fupercminentgovernour; but when fo IC becometh a Tyrant , he bccometli fubjed unto them t l: vho gave him that power, and fet him up, under God. ':.-, '• He infinuats that inferiour Magiftrates arc not client iai \ Vlagiftrates, but by deputation from and in dcoendence upon Bb z the 388 The Surveyer an evil Cap. XIX, the King . But Lex Rex , gneft. 10. hath by many cleare and unanfwereable arguments evmced the contrary. In the third place he citdth fome fentences of Tertullian calling the Emperours feccnd unto Cod , and above all men , ana onlyfubpcl unto Cod : Of Opt at us faying, that nne are above them but Csd. And of Ierom f peaking of PfaL 5 1. again ft thee thee only have I finned , faying that David fpoke fo becattfe he fear ea none} And of Ambrofe > on the fame words faying, thatkewa& f(jng , andundirno Law ■ and therefore he did not fin again f f man/] But all this is no purpofe : For 1. himfelf vvili grant that all Kings are not thus exempted , andhisadverfa lies will prove the King of Brttane one of thefe limited , anc reftricked Kings, that are obnoxious to examination, anc punishment \ and thefe fayings cannot prove that all King* are fo , yea or ought to befo. 2. Tertullian -> to vindicate the Chriflians who would not acknowledge the Emperou: tobeGod, and to shew hownotwitftanding they refpeftec him According to his place, would give him a^ high titles as h< could i though not out of flattery , and fo make him thi higheft perfon in the Empire, and above the heathen Gods yet he did not fet him above all the People in their Reprefen tative the Senate , or if the did, the Senate proved him to bi in a miftake , by taking courfe with feveral of thefe leud an< wicked Tyrants, 3. David's fingle aft of adultery an< murther were no fuch afts of Tyranny , as are cenfurable wit; depoficicn, and fo it fpeakethnot to the cafe. 4. Itmigh be that defaclo he did not fear another , as icromt fayes. Bu that will not fay , that David might have deftroyed theinh< ritanceofthe lord without controlle, or that other Prince are , or should be, exempted from reftraint and punish ment , if they turne ingrained and habituated Tyrants 5. Himfelf will not ftand to* what Ambrofe fayes, for h addeth immediatly , [ There is no doubt but David r»*s fenfibi both of the horrid injury he had done /o Uriah ( theoccafion of tha Pfalm) and of the fcandal he had given to God's People , / which fenfe , he might be veil fat d to fin agatnB both.'] 6. Th words of the text will not beare that weight, viz* The he had no other judge but God > or that ( as Deodate fayeth Defender of his Majeftie's life. 3 89 he was exempted from all punishment of men, & was obnox- ious to no humane tribunals; but as other commentators fay, the words are to be taken in a comparative fenfe,that this was the greateft aggravation of his guilt, thatitvvas fuchahai- nous tranfgreiiion , in his fight who was privy to it , how- ever he did conceale it from all others, fo far as he could: fee the Dutch Annot. on the place: and therefore toexprefle his fpiritual fenfe of the fin commited againft God ( againft whom properly fin as fin is commited ) he ufeth this rhe- torical ingemination : And if the words should have im- ported what the Surveyor would have them to import , they hadnotbeenappofiteto exprefle his fpiritual grief & fenfe of the hainoufnefle of the crime commited.Then he tels us what excellent Mr Calvin faycth Jnflit. Lib. 4. cap. 10. §, 17. and 3 1 . and then fayes lit is a wonder horn many » ho pretend refpecl to Cal- vin should darto violate the furofancl Majefty of I\tngs , if they m I but read over that chapter. ] But is it not a wonder , how this man who feemeth to have read over that chapter and particu- larly $. 31, should pafle by what worthy Calvin fayeth in theendofthatftction , or should luwc fo little refpectunto that worthy man ( whom he himfelf accounts to be worthy ofrefpect, andbutdefervedly) as to plead for an incontrol- i lablc power in Kings , When yet famous Calvim tels us there id thatifthe EphonoxStMtsof Parliaments connive at the King's tyranny, and fufferhim tooppre(Fcand infult over the poor people, theyare wickedly perfidious, and palpably betray- ing their tiuft. Then in the 4 place he tels US [ That it is not d;nyed , that the King is bound before God to rule his Vecple according to tic Cam 0] and that it ssgnjfctofay , Regi quicquid libet licet. ] This is good, but what then i What if hedevia (fayes he th.it as a fur e truth Th.it im : froai fUbjects ) necefftny attends S over dignity by the I- aw of ( iod , rcafon , a?: ture : For no man can be judged cr pumshtd b:i; by a judge .: him\ and the Sr^reame h uh none fah , ($c% Anf». J > L 1 Prelate, your.:. will maiotaine the co truth : We looked for a fourth proof and no: for the I xiujucftion > or a repetition of what is faid ; The fame thing 13 b 3 rep. 3 90 Tlie Surveyer an evil Cap. XIX. repeated fix times will not make fix arguments; MrBisboje give a new proof? if you can, of this firme truth which you maintained Wemaintaine, by the Law of God, Nature, andReafon , No man hath an uncontrollable power tode- ftroy millions, to cut off the heretage of the Lord , tode- ftroy his intereft : And we have shewed our grounds for this. 2. How was ^tkaltah judged? And what a judge was Jehu * j. It hath been told him , that the fupreame governour hath a fupreame power above him : The power of the People that made him Supreame governour , is above him , and can depofe him, and put another in his place. He may be a Supreame governour & difpcnfator , and yet their fervant , accountable unto them , and cenfurable by them , when he deviates and turnes a Tyrant, and a Wolfe, and a Tyger. When one King wrongeth another, that other will both judge and punish him, if he be able , and yet is not pro- perly a judge above him. Much more may the Reprefen- tative of the People; who fet him up and impowered him , both judge him and punish him. But the good man thereafter would advife Kings not to abufe this inviolablenefle , but fo much the more to fear fad- der punishments from God; and for this caufe would have them reading the 6 chapter of apocryphal Book of wifame. But was there no texts in all the divine Word of God , that he would put into the King's hand to read , that he muft fend him to the Apocrypha? It is true Kings would do well to remember that they have a God above them , who will not be mocked, but will bring them to an account of their do- ings, though they should efcape Mens hands : and to the end they may be put in remembrance of this, they ftandin need of other monitors, then the Men who have forgote it, and fend them to Apocrypha tofindeit: And this should keep them wi'thin the -boundaries of God's Law. But as the fear of punishment from Man, will reftraine fome from ftealing, whom the fear of God would little overawe ; So it may bethefeare of punishment from Men, would have no fnaalj influence to make fome Kings vvalkby a rule. And Subordi- xaianonpugn.^t- He would do well to minde them of both, and Defender of his Majeltie's life. 3 9 1 and it is like he would finde that more effectual to fuppreffc Tyranny 3 then to tell them, that their facred perfones are inviolable as to Men 5 but yet they would do well to read the 6 chapter of u'tfdome. He cometh Pag. 77- to fpeak particularly to what Kaphtaly faid , and alledgeth that [ // ts mofl falfly and rrsrfgdly fatd , that Cod9 J providence or God's Word approves the mmrdertng or de- pofing of Princes by Subjects , who are not bit judges : And vhat his word approves not, hts providence doth not approve'. To fay that Cod animates hts People to fuch acltms , ts biafpherny > albeit he extraordinary may fttr up the fptrtts of [cms to acltont not accord- ing to the ordinary nle ( as tn the times of the judges ) but they were fure of their warrand from htm , the like whereof none have ground to watte for now.] Anfter. Ccrtainely God's Worddeclar- eth that the perfons of Kings ( how facred foever be account thern ) are not inviolable, when it threateneth deftruction unto them , whether by their owne Subjects or by ftrangers ; and when thefe fame judgements are executed , his provi- dence declares that they are not uncontrollable or inviolable. t. His adverfaryes will tell him, that the depofeing of Tyrants , or the executing of juftice on them , is no finful. Murther nor finful depofeing of Princes. 3. Jf he had once proved that fuch actions as thefe , were horrid and finful > then he might fay that it were biafpherny to fay, that God animates People unto them. 4. How did God animate leho- jada and tKefe with him, to depofe and kill Athaltah} To fay shevvasanufurper , will not help the caufe : for he will not have ufurpers killed by the Subjects now , feing we have no ground to expect fuch an expreffe warrand to rife againft them , as the judges had -y and yet certancly thefe againft whom the judges were animated, were Tyrants without title. And thus we fee this Survextr out ftripeth all the Roy- alifts, that ever wrote before him , and not only will have the perfons of lawful princes, though flagitious and tyran- nous, facred and inviolable; but alio ttesofthc moft : -ft ufurpers ; for he laves, that it ivjs not according to iinary rule, that God ftirred up the (pints of fomc make head againft thefe Tyrants that opprcfledtbepeop lib 4 39X The Surveyeranevil Cap. XIX God 3 in the dayes of the judges , but extraordinare , which motions we have no ground to waite for now. And fo this advocate cometh at laft , to plead as much for the exemption of Cromnel , as of the i(jng : And if this be a faithful advo- cat let all the world judge , and let the author of the panfiphlet intituled Kjilwgno Murther rebuke him , for his impertinency and ignorance.- He tels us thereafter how [The Apologift labours to pro- dmemany inflames of the Parliaments of Scotland punishing Princes for their enormities > all which he fetteth forth *as]laudablc and imttablt prefidents and examples.] Anfw. The author of that Apolo- getical relation driveth at no fuch defigne there , but only cleareth thereby , that the Kings of Scotland have not a fupremacy above Parliaments • but that rather Parliaments are above them ; for they have punished them. He addeth [ The moft that all of them amount to is nothing , but the infurreclton of Nobles- (Procures as Buchanan calleth them) againfi the Kjngs , and violent opprejfions of fuch of them , as have been flagitious and tyrannous - but neither Buchanan? Nor this Alpolog.can produce any one tnjiance of our lawful Parliaments or Peoples , taking on them in a judicial way 5 in cold blood 5 aud under formes of proccfie 5 to punish or defiroj their f let him fee and confider how Ferlegus was adjudged worthy of death , but for Fergufitts his Fathers fake , was only imprifoned \ and thereafter with the unanimous confent of all , being fufpefted guilty of the death of Feruhans, put from the Crowne:fee why Tkercus, when he had filled the land with robberies , fled to the Primes ? Was it not becaufe the Governours had a rninde to punish him? Was not Even the $. put in pri- son 1 Was not Dardan , for his wickednefle and blood, pur- Toed by nobles and People , his head cut off , his corps throwne into a jacks I Luclatus at length was apprehen- ded and executed. His fone Omrnm in face of Parlia- ment accufed , apprehended, and shut up into a hall, with fome few attendants , his ill counfellers executed and a Viceroy chofen till the People should meet to make anew King ? Were not the rnmorcs Rcgm about to have depofed vnum the firft , for his vices , had not DouglaJJe diflwaded :hem , becaufe of their wanes with the fir/tons and Saxons} Was not Ferauard the 5 2 King fummoned to compear before :he Parliament, and becaufe he refufed was he not brought :o judgment againft his will, and accufed of many crimes , indnot being able to purge himfelf was henotcaft into pri- on ? This looks like an aft and execution of jufticc done n cold blood under ioimeof procefle, So did the Pr/mores Bb 5 J for his Adultery and Murther ; but he gtveth no reafon for this , nor any Word of God ; and truely though I will not ftefume to goe before others m this , God*s Law , Gen, 9: ver 6. compared wth, Numb. 35: ver. }o> 3 I. feemeth to fay againfi them. Nor can I thinkjhat God's Lav , or hts Deputy the judges are to accept the perfons of the great , bccauje they are great % Deut. j: ver. 17. iChron,isT: ver.*,. 7. audvefaywc carv not diftinguish , where the Law diftinguisheth not . Tm Lord fpeaketh to under judges , Levit. 19: ver. 1 5, Thou shalt not refpeft the perfon of the poor , nor honour the perfon of the mighty > or of the Prtnce , for we fyow what thefe names ^ry and HH meanetb. I grant tt ts not God's meansng, that the lying should draw the fwordagatnfi him felf^ but yet, stfollowethuot, that ifwefpea^ of the demente of blood , that the Law of God accept eth any judge y great or fmall , And if the Eslates be above the King , a* /. conceive Defender ofhisMajeftie's life. 39^ tcnceive they are, though $t be a humane politick conftitution thai the /(jng be fret of all coaclton of Law , becaufe it tonduceth fit the feace of the commonwealth j yet tf we make tt a matter of confetence , fir my party J fee no exception , that God ma^eth ; // men mai^tLJ > J crave leave to fay i facto adjusnon fequitur. ] Thus that worthy Author 3 and could he have uttered his judgment more fpareingly and foberly , in a matter that was not or great Moment to the queftion in hand , fo that though he had for- borne to have fpoken any thing to this at all, his caufe had not been , in the leaft , weakened ; and though we should grant that the Sanhedrm could not have judged Davtd for thefe fafts ( which yet we can cannot do) whatlofle shall we have ? Seing we may ealiiy grant and Lex Rex with us **t* 143« that Tyranny only muft unking a Prince; and thefe afts were not acts of Tyranny, and what shall this vaine Surveyer gaine then l Why would he not examine other things which that worthy Author fayd, more appofite to the caufe { Will not wife men laugh at this dealing, and account him a fool in the tirft magnitude, in handleingfuch a caufe , which fo nearly concerneth his Majefties life , after fuch a manner , that a very fchool - boy may fmile at ? Then headdeth, [So Pag. 348, and 418, and 138.4^ eftenelfewkcre. he (chat ts Lex Rex ) till have thcEftatcs executing the moral Law (as he calls it ) en the lying y and pur.tsVtrgVtm , andwhy> b.ecaufthe [ayes m ft thrafom c ally , Pag. 460. / have unanfwaably proved that the l\tngdome ufupcrtcr/c the f\jng y and the Vccple may be then owne judge tn the tribunal of neceffity. ] Anfc . Lex Rex in two at lead of thefe pages cited > fpeaket h no fuch thing , and if this Surveyer were not more windy and vaine then ever Ihrajo was , he would not fpeak fo of that Author , till firft he had difcovered the anivvereablenefie of thefe arguments , which neither he nor any of his complices shall ever be able to do . But thisi Lpucmpothrafibomlomachtaes will force a beliefe upon the world 3 that with this very advc: b thafontcal , dtfjavtt omnes tn Caftru Gurgujiodtams , and cry to his enchautcd fraternity to fing Jo pan at his invention. But what fayes he to all this } * [ 1 ( fayes he ) what should he meane to m*k duccablc tc f! e rra:ecf thi ynmm wealthy that the l\tng be free cj t.< coachon 3 96 The Surveyer an evil Cap. XIX. coafiion of Lav \ And yet notfo , tfit be made a matter of confcience; * the frefervatton of the feace of the commonwealth .no matter ofconfctenu to htm ? Or a not the conHttntton freeing the King from coadion oj Aav (for that end) warrantable}] Anf Doth not this ignoramus know that a queftion of this nature may be confidered and an- fwered politically and theologically ; And that many things may be tolerated or forborne in poynt of policy , upon poli- tick grounds and ends , which , if confidered (Irtho inre_j > according to confcience, should not be forborne , nor to- lerated. David in point of policy , did forbear to execute the Law upon the Murtherer ]oab, whom yet in poynt of con- fcience , he accounted a man of death , and therefore recom- mended the execution of the Law of God , unto his Son Solomon : and this toleration or forbearance may be lawfull or unlawful , according to the weight of the matter tolerated > or forborne , and the nature and weight of the grounds in policy, upon which this forbearance is determined. So that though we should fuppone it lawful for a Commonwealth to enaft and determine in Law , that their King should not be queftioned for one fingle aft of Murther or Adultery, as other perfones are : Yet in poynt of confcience , if the queftion be \ ftated in theft whether a King may be queftioned for one fingle aft of Murther and Adultery , as another private perfon > it may be anfwered affirmatively, becaufe the Law of God, makes no exception of perfones* 2 . It may be made a matter of confcience , to make the King free of thecoaftionof Law, in fome fmall and inconfiderable particulars , becaufe of the probable hazard into which the Commonwealth may be brought by coercing of him , which all the value of the par- ticular anent which the coaftion is exerced , will not coun- tervaile. But it will never be allowed, in poynt of confcience,. to make him free of all coa&ion of Law , fo as he may with- out control, murther millions , deftroy and wafte Religion: For that were not conduceable to the peace of the Common- wealth, butareadyway to deftroy all: Sothataconftitution freeing the King from all coaftion of Law, how ever pre- tended for the prefervation of the peace of the Common- wealth > can never be warrandable. For that were to make him Defender of his Majeflie's life. 3 97 him aelu frtmo) and m aclufgnato aTyger,a Lyon,& a wafter of theCommonvvealth^&it his good Nature should incline him to good &peaceable things ; yet no thanks to the conftitution. Whereas he would make his reader beleeve that the Kings of the jevves were under no coertion let, him confider whzzzwng- lius fayeth explan. art.^z. Tom. i . tfer. where he exprefly fayeth. [That the Kings of the jewes and others, when they deAt pcrfdtzufly ^ti- trate to the law ofOod.mig'^t be lawfully depofed by the people,'] Yea he tels US , that whiles viewed princes and L they had not been fo grievouffy punished with htm.) Yea Schikc.tr dus in his jusregium hebraorum. Cap. u Theor. 7. tels us Pag. 56.57. out of the Rabbines, that the Kings of the jevves might have been called to an account, & punished for tranfgreiling of the law,by the Sanhedrtn,tfpc- ciallv if they took moe wives, and moe hories then were allowed 5 and heaped up riches ', for thefe caufes , he proveth pag. 60. out of Hal. melach.c, 3. §.4. Halach. Sanhedr. cap. j$. Tal mud cap. lichen gadol. Siphn par J: fchoph. That they were to be fcourged. And hiftones show us , How this San- hednny even in their weak and declineing times, were loth to quite with this power, and therefore did queliion Herod, who was fct over uaitlee by the Romans^ for fomemurther com- mitted by him j fee the hiftory fet forth by lefephus sinu^. l,b. 14. c. 17. And if any should objeft thztCafaubcn ad. annal Ecclef. exerc 13. n. 5. hath proved #the contrary out of the Talmud. The forecited learned sht^chardus. Pag. 63. 64. shewethout of the very phces cited by Calaubon , how he was miftaken, and how theKings of Davtd'slinc both did judge > and were judged, 1. ( Sayes he) It is good that this hUtaphifcal Stat: ft was n$ Chief Priefs or member of the Sanhedtin tn Davids time \ for he would have afforded a corrupt expofttton of the Law to cut off the King. J# hatfots wtre the Frtefts ($ Profitts at that time that did not tnftgAte the &anhedrtn\ 7 his man could have fold thm that they were above him , and they were bound to execute the Law upon /.///;.] 1*t»fw. It was good due this iuperlative ly irrational pai 1 and 3 98 The Surveyer ati evil Cap . XIX. and infraphyfical fooll was not breathing in thefe dayes \ for he would have tolcf Kings , you may Kill \ murther , mafla- cre , deftroy all the land, Man , Wife and Childe , without the leaft fear of refiftence j arrd have told the People, the Sanhedrin , and all the Elders of Ifrael, though your Kings turn butchers and deftroyers of the People of God, worfe then ever Kimrod or any that ever breathed fince his dayes , you have no more to do , but hold up your throats, or flee tb the uncircumcifed out of the inheritance of the Lord. But what laves all this to the thing ? Doth this pove that Davtd or any King was excepted in the Law of God? Where, In what chapter , or what verfe shall we finde this ? Good Matter prelate tell us,or where we shall finde it in your book ofwifdome? 2. We finde not that any of the Priefts or Pro- phets reproved David for fpareing loab that murtherer, who shed the blood of war in peace, t filing. i:ver. 5. was it therefore right in David to have fpared him ? Sure they might well have toId£>4x//df,that though loab was a great man, . yet he was above him » to punish him as well as another * Man, for his fin; and in poynt of confeience , and by God's Law he was bound to do it. Thefe finful afts of loab were more notoure then what David had done in fecret : . j And becaufe we finde not that he was reproved upon this x account, shall we therefore ufe this Man's dialed; and fay, What fits or coldrtfe fenfeUjfe Men were the Priefts and the Prophets of that time , who dt d not tnfltgateDdV id to execute the Moral Law on loab , that wrath might bS turned away from the Land / 3. Hetelsus, that the author of Lex Rex [ Vtterly mifta^et the mean/Kg of the Word of Cod , Gen. 9: 6. (as for the other texts they dearly concerneMagsftrats only toward finch over whom they havefoweri but does neither insligate the infenour Magistrates agatnft the Supe- r /our, nor the People agatnfl any oftkem)where it isfaidjhe that sheds mans blood, by man shall his blood be shed.] ^nf.i. The author of Lex Rex doth not fay that thefe places do inftigate the inferiour Magiftrats againft the fuperiour , nor the people againft both ; but that they poynt forth the Magistrate's duty to judge righteous judgment, and to accept no Mans perfon, be he a Prince? orbeheapoorMan. And if they concerne Defender of his Majeftie' s life. 3 99 :oncerne Magiftrates toward fuch over whom they have power , The author of Lex Rex feeketh no more ; for he iad proved, (and this vaine windy man hath not the head, phoughhe want not a heart and good will to it, toanfvvere lis arguments ) that the Ejlates and Reprefentative of the People, have power over the Prince, t. Itisahardcen- fure to fay that he hath utterly miftaken the meaning of Cen.9: ver. 6. Let us hear how ? [Qomludesng hence 3 (fayes he ) that there is here a precept that tkeblaod of every man (though he be m the (upreame pover) should be shed by lis tnferiours , tf he shed blood m- nuently and vtthcht caufe.] An fa. But this is not the conclu- (ionthat Lex Rex draweth from the place, Heonlyfayeth. That in this place there is no exception made of the Prince, :hough he be the Supreme power : And can this Man for ill his skill demonftrate the exception ? Lex Re xfaid not that lis blood should be shed by his inferiours , but by the Eftates )f the land, who are his fupcriours > what way theuhathhe niftaken the meaning of this word \ What furder [Suppofang Tayche) trtswerdnot only to be predtclional — * but alfo dtatacltc\ tnd preceptive , there mu& be meet limitations of the fentence , both n thefubjtcl and attribute'] Grants all? what limitations will he iave in thefubjett, that, sheds mans blood * [ft is to beunder- qq d ( fayes he) only of fuch as have no authority , and do it cut of rivate revenge ; fr we mufi not owne the fancies of Photinians ftf^Anabaptlfts that condemne lawful wanes , and capital punish- vents.] Anfw. This is good and granted, for we faythas ventheKing, whenmurtheringunjuftly, afteth as a private •erfon , and is prompted by his revenge : did he fuppofe that \ex Rex was a Phot/man or Anabaptif Z If not , why did he rouble himfelf with this ? But what fayes he to that which ecals the attribute i [Certanely (fayes he) taktngthe words as precepty Jtts not meant that it is the duty of every wen or any man rdtjjerently , to shed the blood of the per Jon who sheds innocent blcod %3 at of the Magtflr.ite who is judge above Lim* All interpreters ate ireed » that here is {if not the itifl ituti on yet) the approbation if tie fceof the civil magijlrate.] Anfw. Did the author of Lex Rex iy th3t it was the duty of any man indifferently, to punish ca •itally shedders of innocent blood I fuid he any thing againft that ^oo The Surveyer an evil agreement of interpreters concerning the inftitution or ap probation of the office of the civil Magiftrate i Sur whenhefaid, andelfwhere proved, that theEftatesof th Realme were above the King , he fully agreed with thefe au thors, touching the meaning of that place; fo that the Surveye might have fpared his paines in reciteing their words , foj he fayes nothing againft what either Parens, Yet. Martyr j Mufculns, Bezjltus> Dtodate , or the Cbaldee Paraphrase fay. Let us hear how he applyeth this to the purpofe? [But (fayei he ) if the per font invefled with Supreme power of the [word , abufem^ their power become gutlty of shedding innocent blood , who {in thai fociety whereof they are heads) shall judge or punish them? whots fu periour over the fupreme to punish him t — *— It is tto explicable hov any in whom the So veraigne Ma)e fty> & M agiftratical power re fides should') accordmg to order , be punished by fubjecls.] Anfw. Thl! is the knot of all, but it is nothing elfe than what we have heard againe.and againe,and hath been fpoken to already. Bu yet , becaufe it is to him inexplicable , and a Gordian Knot let us feeif we can loofe it without Alexander's fword. H< will grant (or if he will not, but retract what he hath els- where granted ,fpeaking of a legal refiftence , all the lawyer; in Scotland will grant it) that if any in the King's name shal feekto difpoiTeffe a Man of his inheritance, themanma>a defend his right by Iaw> and the King by his advocate mm i pleade his caufe before the ordinary judges , and thefe ordU R nary judges, muft judge righteous judgment according tc it law, and give out a decreet in favours of the fubje&againfh the King, andfo condemne the King of injury and oppref i fion intended againft the fubjeft : Now who but the ordinary i judges, in civil Matters, are judge here to the Supreme? & yet thefe judges , in another refpecl » are but fubje&s : dotl: u he not now fee how fuch as are meerfubje&sinonerefpeft may judge and punish him who is inverted with Soveraigne Majefty and Magiftratical power , and fo in another refped are above him- And what if I fay , that as , in civil Matters the ordinary judges may judge the King , fo the juftice genera or his deputy conftitute ordinare judges in criminals or c«u'!f pitals , may iudge him when he committeth a capital crime1 * let Defender of his Majeftie'S life. 40* let him or any Man elfe shew me a reafon , why the : one should be, and the other may not be , in poynt of con- fidence. But if we fpeak of a Parliament the Rep; efen- tatives of the People, the cafe is fo cleare that there is no difficulty; for that is a judge alwayes above him , and a fo even according to his limitations, if the King shed ia- r] nocent blood , by them may his blood be shed. Then Pag. 81. he fayes [ uhen the ^poflle Rom* 13. fayes tr let every foul be fubjeft to Superiour powers, that fevery *j foul ) doth not comprehend the fupreme poner itfelf {for how can the Man tnvefed wtthjt , he fxbiecl to a fupertour puwtr ? ) but tt it meant that every foul undtr the fupenour power or fupreme, should be fubjecl to tt.] Anfo. Yet againe the fame thing which wc heard before. Is he not able to -underftand this, how ii one who is fupreme, in one refpecl: , may be inferiour, in another refpett ? The father hath a Supreme paternal power iovertheSon, yetthefone, being a judge or a Prince, may otjbe over him , as Davtd was over hffe> and Saul over imI confu- m. ] sinfv. The Surteyer cither fubtilly or ignorantly Dnfbunds things here , which should be confidercd diftinct- 1, and leadeth his unwarry reader off the way t Where- >re we would have the Reader (though all this is nothing to icpurpofe in hand to prove the King uncontrollable , or un. Cc punishable 402, The Surveyer an evil Cap. XIX. punishable and unjudgeable for anyoi his ails ) take notice of thefe few things which will help to cleare the mat - ter. i. That there is a not-judgeablenefle (to fpeakfo) and uot-punisheableneffe dt fafo, which may be laid of fomc notorious rebels and out-Lawes > whom neither Law nor power of authority can coerce , and there is a non - punishr ablenefie and non-judgeableneffe dejuw , when one is exeemr ed from Law - judgment and Law - fentence , fo that he is . above all tryal and fentenceof Magiftrates: Cafes may fall out wherein fuch as are punishable & judgeable de lure, according to an ordinary way laid downe or allowed by God > may notwithftanding be unpunishable and nct-judgeableifr/^70, either through corruption prevailing over all , or prevalency of power in the punishable perfon or peribns : And this , I though in an ordinary way irremediable,yet fpeaks not againft the Ordinance and appoyntment ol God and Nature. 2. That there is a difference betwixt perfonal faults of Governours , or fuch as are inverted with authority and power , as was tliat aft of Murther^nd Adultery in David ; and publick mifcarriagesinpoynt of governm. & in exerceing the power wherewith they are inverted : of perfonal faults, fpeaketh Lex Rex in the place now under conti deration; and upon this, have we vindicated that worthy Author , from what this pcrverter of all things hath faid . But here he mixeth thefe , and confoundeth them , that according to his way > he may pervert the truth. 3. There is a difference betwixt fimple afts of male-adminifti ation in lefler matters ; and betwixt fuch afts of male - adminiftration , as pervert the ends of government. 4-There is a difference betwixt palpable cleare, and undenyable mifcarriages ; and betwixt fuch a? are not fo cleare nor unqueftionable . f. There is a diffe rence to be made betwixt ordinary ftanding cafes • and ai extraordinary emergent: in an extraordinaiy cafe > vvhili the difeafe is defperate, a defperat- like and extraordinary remedy may be ufed without overturning the ordinary way which is to be ufed in ordinary cafes, Thefe things will hdj us tonnravel his confufed difcourfe. And fo we Anfwere 1. If Parliament - members or privat perfons amoDg xht PeopI Defender of his Maje&e's life. 403 People shed innocent blood it is np difficulty to know who should judge them. i. If a Parliament as the Peoples Re- prefentatives Murder the innocent,I fee not why they may not be called to an account by a pofterior parliament? as when a beaneh of judges in civil matters > confpire together to op- prefle, by their unlawful and unjuft decreets , palpably fuch and notour to all j when they are depofed and others put in their places, the oppreffed may get his caufe righted, and reparation of dammage of them : Or when a jultice gener all mamfeftiy&palpably murdereth the innocent, he maybe made to anfwere before another put in his place: if this maybe done (as I judge in poynt of conference it may) fo may .the other be done vvichParliaments. j. If Parliaments confpire to overturne Religion, Lavves, Liberties, and thus deftroy the Repubhck, I judge with L.R. ?ag, 140. that the founder part , if they be able, may refift and hinder, fo far as they can, thatdeftru- ftion and ruine of the Republick. Neither ever shall he prove that this is a ground for Eternal confufion : O fayes he [4ny Ufftrpart, when they have or th/nl^they have will and fircngb enough t§ through their b;tfinefie , vtll undoubtedly (all themplves the founder fart, and labour to beate down* the corrupt plurality, ,] slnfr»% This \ remedy to prevent deftruftion and ruine to the Common- wealth, may be of the Lord , though it should be abufed by finful men •> for the beft thing may be abufed : And it is not the meaneallowed by God andNature which layeth a ground for eternal confufion; but the abufe of the meane maintained ♦ whereof we are not guilty. But we have had abundance 3 of fuch rotten conferences from him , who knoweth better what it is to deceive the fimple with fophiftications, then to } fctisfy the judicious with folid reafons. Then he addeth > A »[ ]3ut the Chriftian Reader mav eafily fee how haid this -\ >, Author is put to it •, and for all his faying that according to >> God's Law, Kings mull be punished as well as others, - »yct is he forced to acknowledg a Supremacy of pow " >»fome, not punishable by any but by God.] ^/TThtfisbm •■- vvhat we heard juft now, and whether true or folfe, it helpech *' him nothing: Have that Supremacy of power, which is :: Qot punishable by any but by God, who will, ifcheKinc Cc t have :.a 404 TheStiryeyeranevil Cap. XIX. have it not, the King's life is not fecured: And if he fay, if any have it the King mull have it. True, if this rotten malig- nant and parafitical ignoramus can make no bad inferences } but he hath already fo often difcovered vanity in this way of argucing,that we cannot account him infallible: And therefore let 'him prove his cpnfequence; for we know him better then to take any thing from him upon truft. Well, what way d.oth 1 he clear this , of Lex Rex i „ [ For (ftyes he) Pag. 389. 3, when he hath given all power to the Parliament over the ; 55 King , he objedeth to himfelf; who shall punish and coerce tht 3) Parliament , is cafe of exorbitance^ : He anfweres , pofterior „ Parliaments , and Pag. 11 1. he fayeth, by the people and cox- 3> feitnee of the people are they to be fudged , let all our Nobles and ,, Parliaments hearken to this. ] 4nfi>. In the firft place cited, Lex Rex is not fpeaking of Parliaments power over the King (asthisfquint-eyed^rz/fj^rthinkerh,) butishandling that queftion whether or not Monarchy is the befi of governments* Arid is shewing in what refpefts it is bell, and in vvhatrefpefts it is vvorfte ; and shevveth how a mixt Monarchy is bell -y and then anfvvereth fome obje&ions : And to that which fome might obje»5t > 1 hat Parliaments might exceed their bounds , and who should coerce them ? He anfwered , ' Thttpjferiout Par- liaments might do tt ; and fo there was ifalvo in that mixture of government. 2. In the other place he is shewing what relation the King hath to the Law, and that he is notthe fole Law maker , nor fole fupreme judge : And anfvvereth that objection, 7 hat the thee Eftates as men and looking to their cwne ends > not to I- aw and the pubiick^good , are not fundamentalist (3 Are to be judged by the l\tng. viz. That they are to be fudged by the people and the confetence of the people^. Whycalleth he the Nobles arid Parliaments to hearken to this ? What abfurdity in reafon is here ? ,, [Who ever head of this (fajeshe) that ., one Parliament pofleriour should punish the prior? Their „ afts they may retraft indeed , but to punish them for their „ afts , is moll abfurd , becaufe the prior Parliament in the „ capacity of that judicatory , had as much power as the ,, pofterior. States men will wonder at thisdoftrine , that p ,, Members of a Parliament should be punished for their free » votes , by a fucceeding Parliament , and far more at the „fub" Defender of his Majeftie's life. 4 05 bje&ing them to the conference of the People. ] <*njv. - Itisnofmall punishment and coercion toa Parliament, o have all their defignes , confutations , and conclufions overturned, which may be done by pofteriour Parliaments 2. J f Parliaments, by their free votes , fell Religion, and the Liberties of the land unto the Tmky andfo deftroy the fame, and betray their Truft, I fee not why they ought not be punished for their paines. If they should enaft and put to execution the aft, when madej Tluttallvvho will not bovvandburnincenfetoan idol should be bruntqutck* I fee not, why they may not by a pofteriour Parliament be que- ftioned and punished for that innocent blood which they have shed. 3 . His reafon to the contrary, is not good^orthey never had power or commilTlon for overturning the ends of government, and dtftroying the Commonwealth: if the Adagiftrates of a Bi ugh betray their truft, dilapidate the rents and revenues of the city, fell and difpone the rights and privi- leges thereof, may no: the fucceedingMagiftrates call them to 511 account for that, notvvithftanding that in the capacity of that judicatory, they hid as muchpower fir any) as the pofteriour. 4. Wonder at it who wil , that which is right is right: and it is confonant to equity , that thecon- fciences or the People be fo far judges of what is done by their Rcprefentatives , as not to fuffer them , in their name , and by any power borrowed from them, to deilroy the Commonwealth and to overturne the fundations of Re!: and Liberty , &c. [., But then (ftytsic another - „ he makes fofttuour Parhumtutt md People k.tb may tiie. He ,,anfv¥Cres, M tbdt it true: ir Par- liaments or People deftroy or murherpci ions innocently, i m God only muftremccd that •, there is no pi vvcron Earth to pCallthem to an account: Who fees not:: tilths » author is driven to acknowledge a power , w hich aviate cannot be judged by a;. I . ; but of the whole ends of g< ic; An,. line .ill, all the no remedy < Cc 3 406 The Surveyer an evil Cap. XIX. Neither needed he to fay that he was driven to this , feing it was fo obvious to all who have eyes in their head. Though God harh appoyrued meanes & ordinary rules to help abules that are ordinary y yet when corruption is univerfal the ordinary meanes cannot availe3Godhimfelfmufthelpethat:& who knoweth not that extraordinary&ppofeable caies cannot infringe , or invalidate the ordinary rules for ordinary cafes. Now all this is but vaine idle worke> and of no advantage to his caufe; for he shall never hence prove though he should argue till his eyeftrings break , that this Soveraigne uncon- trolable power, which is not renfureable nor punishable, is only in the King: Andifhedo not this , how ftopshethe Mouth of his adverfaries? How falves he his Majeftie's life, or the King from all hazard of cenfure ? But then he adds to as little purpofe , That [ ft may befeen that hts principles lead him to ovne a mm democracy ( whtc h u the norf? of governments ) as the only lawful government : heflaceth and fixe th the unpunishable foverasgmty there \] Anfw, This is a grofle miftake : For this Man underftands not what a democracy is. He takes de- mocracy to be where all governe : But that is no govern- ment j where there is none to be governed , but all are go- vernors. Democracy is where lbme arechofenoutof all the People by turnes, without refpeft had to birch, meanes or other privileges, to governe the reft. And Lex Rex will not fay that thefe governours have an uncontrollable fove* veraignity , but may be oppofedSc refilled, by the body of the People who choofe them , as well as the King in a Mo* parchy, orthePrimores Regni in an Ariftocracy * becaufc under all fpeces of governments , the fountaine power and Maiefty abides in the People, and is refundable , incafesof necellity. Thus we have feen how poorly and weakly this vaine man hath maintained the King's life and facred perfon , and how by his fcoiish fcphiftications, and his vveake and impertinent anfwers and affertions , he hath put the King's life in greater hazard then it was; for thefe poor people never had a thought of wronging his Majeftie's perfon , or offpoylinghimof hii life, but now when hehatnftartedthequefticn without any provocation Defender ofhis Majeftie'slife. 407 provocation or juft ground and occasion given; aadcanfay no more then he here hath teyd for that cauie , hath he not invited people to think of what they might do P And I am fure if they have no other reftraintto bmdeup their hands > il which he hath faid, will be but like the new ropes to Simpjon. That which f olloweth in his third Chapter touching the Covenants betwixt King and People, is impertinent to his prefent purpofe: For Napktalj maketh ufe of thefe to provethelawfulnefleof refiftence, as may be feen Pag. 19* and 30. and for that end, we have vindicated them in our for- mer difcourfe from all his corrupt glofles and evafions. And wife Men will think him fo far from deferving a reward , for what he hath done , that they will think he rather defcrveth to be whipped, for his mifmanageing this queftion of fo great conference, which be undertook to defend; and particu- larly tor bringing the arguments , which are adduced to evince the lawfulnefie of refiftence , as if they did with equal force flrick againft his Maieftie'slife and peribn; whereas many will be cleare forrefifting, that will nctbefo cleare for punishing or executing the Prince : and fince by his folly, and imprudent lmpertinency , making the fame argu- ments prove both, people shall fee that by what right they mayrefift, by the fame right they may capitally punish the Prince, they will befo far from being fcarred from refiftence, which natures light doth fo evidently demonftrate to be la w- f ul and neceflary \ that they will be more emboldened there- unto, perceiving how they may do more, which poilibly would never elfe have come into their mmde : and fure all whichAV^fc/^hath fiid,couldnot haveluggeftediuchathing unto them , or occafioned their thoughts thereabout, as im- partial Readers will judge. If any a^kc what he hath left undone for fecurt £ag his Ma- jeftie's perfon and life \ 1 am fure to name ■ o moe . he hath forgotten one thing, and thac is , the preflfag of the 5"c- icmnc league *>:d coven a™ on the People; but knowincr whu :1 he hath .both faid and done againft this, bethought he could not ft '.-trait and condemne his own* tongtw Cc 4 actions 4o3 The Surveyer an evil actions** yet if he think himfelf obliged to venture his life for the life of his Majefty,he might have alfo thought it his duty> to take shame to himfelf, to repent of what he had done , and recant what hehadfaid, for the fecureing of his Majeftie's life and perfon. Now that the preifing of this Covenant upon the People , would be a foveraigne remedy to prefervs his Majeftie^s life , his Majeftie's Royal father knew it, when being in the ifle of wight,&L fearing that violence should have been done unto him by thefe in whofecuftody he was , he fent for Mr lerem'tab French minifter of that place to which Cansbroof^c^k belonged , and defired him to preach the Co- venant and prefle it upon the People , that thereby they might be engaged to refcue him , in cafe any fuch thing should be attempted by that part of the army: See for this the poftfcript to the Covenanters flea. And fure I am, if his Ma- jefty would (as I laid before) faithfully mindethis Covenant, and caufe the People ftand to it, from the higheft to the lo weft, he wt>uld finde , that there could not be a more effe- ctual meane imagined , for fecureing his perfon, then that would be. If he would faithfully owne , and according to his power lay out himfelf, for fetling and fecureing the maine things contained in that Covenant , and walk in that due fub- ordination unto the Supreame governour of heaven and earth ; The very confcience of thefe great and maine things, would' prefle a confcientiousrefpeft to, and afaithfull care of his Majeftie's perfon ,' in reference to thefe great Ends. Which would prove more effe&ual for this end, then volumes of railing ibphiftications , which this perjured, Prophane and malignant Prelate and anticovenanter could write and fend abroad. Cap. XX. 4°9 Cap. XX, The Surveyor's difcourfe concerning the fact cf Phineas examined. TH E Swtveyer being good ac weaving Spiders webs , whereby he would catch flees, but is noc able to hold ftrongcr bodyes , fpends a whole Chapter on a difcourfe id Nofktalyi obiter caftin, rather to prevent an objection, by shewing what difficultyes fuch behoved to meet with and roll out of his way , who would aflert the utter unimitable- nefle of the fatt of [h:neas> in executing judgm. on the Ifraeli- tish Prince and his Midianitish whore, to itay the plague and Judgment of God> which was broken out on the whole con- gregation, becaufe of their defection to Midianitish whore- dome and idolatry ; then to aflert any thing pofitively there- anent: & becaufeany who confidereth the piace, & feeth how little is there pofitively aflerted , & how much is fet foorth rather problematickly , and by way of doubt , will eafily per- ceive that the Author's fcope , was not fuch as this perverfe fcribler giveth it out to be , we might let itpafle, eipecially femg our caufe doth not hang thereupon , but may fhnd , whatever be laid of that paflage \ yet left this Surveyer should glory without ground , and become too too w ife in bt$ owne eyes, we muft difcover his lolly in this his interprife . Though he hath been at much Paines in this bufmeiTe, probably becaufe it was his owne particular, to prevent, it he could, another shot, which might come as near to his heart, as thclaft came to his hand, though not intentionallv, but per Mctdem becaufe of ill company;yet,left he should I . that we were ftirring up any to the like interprife, v theragainfthim, or any of his perjured fraternity, vvhoir look upon as far below the indignation of any heroik perfon , we shall not infill on this , as wc have done on what he hath faid in the foregoing Chapters , bat shall curfoiily run ( what he faycth to this purpofe. We grant that every man should walke in his owne ca' with God , \ Cor.-;: ver. 10, and ftudy to be quyet and C c 5 his 4to What the Surveyerfayeth Cap. XX, his ownebufinefle > i Theft 4: »*r. 1 1. But when He and his Party have perfidioufly forfakea their calling , and have not \ loved the honour to be quyet to do their ownebufinefle, bucc have arribitioufly ufurped the honour and dignity of abjured prelacy, and become Lords and Councellers and Parliament- men > and thereby brought the wrath of God upon the land , forourdefe&ton and Apoftafy , andate perfecuting all who will not hold them in their faddle , and bear up their rideing nuntles>to the wronging of their owne fouls and confeiences; other per Ions muftminde their general calling asChriftians and good Count rey men , and endeavour an averting of the wrath of God, and a fetting on foot againea work of re- formation according to their power : Ay but fayes he , I Sat an can drtve men under fever al colours ^extreme necelli- ty ? lawfulnefife of the matter of actions , the goodnefle of ends and intentions, the want of others to do the work, and mens owne probable capacity to do it > $ a act fuch thmgs , thereof God w ill fay I never recurred them at your hands.] Anfw4 This is true , but what will he hence prove ? Will he hence conclude that God may not animate fome, to fome rareen* terprifesj in a time of real extreame necelfity , the matter of the aftion being unqueftionably lawTful , their ends and intent tions really good and commendable, there being alfo a deft- cieocy of others to do the work > and themfelves in fome probable capacity for it ? His confequence will be denyed , [ This vaine Orator Naphtaly ( fayes he ) mil have the infance of Phineas a precedent for any private perfonsy ( fuch as lately did rife ) tinder colour of high pitches ofzjal and fortitude ', to execute juftsce on al powers and people of the land , as being fallen tnfssch afearfnl Apo(lafy% as (keeping the true Vrcteslant Religion t ) do vary from them% in the e sternal ordering of the Mint fry of the Church , and imbraceing that way And order , againft which there U no command of Chrift % yea for the c r,nfonancy whereof to hes word > much and very much may beftydy S$hath been.'] Anf. He would fain mince the defeft ion> yvhereofhe and the reft are guilty, and tell us that they keep the true proteftant Religion \ but how we have heard be- fore : and that all the difference is about an external ordering of the miniftry of the Church , againft which there is no com- inancl 1 Of the fa& of Phineas examined. 4 1 1 nand of Chrift, and for which much may be faid ,&c hath been aid. hut this is not the place to fpeak of the abjured prelacy, Kcafion may given further in his following part: only we /vould lay that much more hath been faid agawtt it , to show t utterly unlavvful,then he or all his fraternity will be able to :>inlvvere : And unlefle he prove it abfolutely fleceflary, 0 and no other forme lawful, which he dar not fomuch as un- dertake to prove, he shall never d«are the land of fearful Apoftafy and defection , in renunceing a Covenant fvvorne by all ranksof people And becaufe his feares are moft about himfelf and other ..poftates, hefuppofeth that that difcourfe in Rafktdy is brought in of purpofe to incite fome to execute iuftice on him , and fuch as he is •, whereas any may fee that it is caft in among other things adduced to juftify our firil Reformers : And fo timorous is he 5 that becaufe that fact of VhincMis not (imply and pofitively declared notimitable, he thinks it is held forth as a precedent to incite : Whereby we fee what amllconfcienceis.Ay but (fayeshe) [Though he turnehimfeif Proteus • it kttntomany shapes m ■ ■ ■ he cannot Put a fufficsent b.tr dgdtnft confufons under fuch pretexts.] And who fuch a Vroteus as this Survejer, and his fraternity, a com - ?anyoibafe changelings : But thinks he it potfible that any dottrine can be fo clearly and diftinctlyafferted as none will everabufetoerrourandconfufion? The Scripture is p1 enough againft Lordly Prelates, and Covenant breaking, and yet we know how fome canabufe thefe truths of Scrip- ture , to defend defection , and the overturning of the v of God in his Church , and fo confound and overtumeall. Thereafter he tells US , [ That vhen thts dtfccttrfc wm4 frit locks 'd upon w^*» men of\udg(mer.t cenfidt fed that *s the forma bhcdytnf.r- redsons y were endeavoured to be jujhfed by htm , So he VgU Li)t*g downe grounds for fome mercjltjje Mafiacre , and horrid ttflajjin.i trn<^ Qr. ffrfons t;i pevfr a.\ d others for v:v n: m.tn can have fccurity pfhu Isfv ] What thefe men of judgment could be , who could either fuppofe the former , if they confidered the place where that diicotnfc flood j or could fear the later, it they confidered the difcourfe it felt , I cannot tell : But it is like, he and ihe reft of the A pofhtcs , are accounted the M I judgment} 4ir What the Surveyerfayeth Cap. XX Judgment ; & indeed as thefe might have fancyed the former 3 fo they might have feared the later: for were this fa& oirktr.ea t alTertedtobe as muchimitable as any other uncontrollable k example in fcripture, all perfons , notwithstanding thereof: $< would have fuflicientfecurity of their life, except fuch as wereix guilty of dreadful apoftacy, caufing, the plague of Godtojji break out upon the land : And we know the beft examples^ may be abufed> *\nd therefore that which he fayeth pag. 106: fe &to7. concerning iVWy/frmadnefle , and the MurtherersjjB of the two Henries of France the 3 . and 4. and the gunpouder r, Traicours , and Arlington Coppsnger and Hacltet in Queen tU- \ Zjdheths dayes , is nothing to the poync : for neither heare we jfr that any of thefe founded their a&ions upon Phmeas*s fact : , and though they had done fo, It would not have proved that j» it was not imitable , in any cafes: for why? Wicked Ma- i giftrates have perfecuted innocents, in all ages, shall therefore^ the examples of good Magiftrates executing jufticeon wicked * apoilates , and flagitious perfones and idolaters , be declared I altogether un-imitable, becaufe fome corrupt Magiftratest under that pretext abufe that power, and perfecute fuch as ii they should rather honour and highly reward? would not a any body fmile a: fuch a confequence? And yet fuch is his ft Let him make it to appear, th it the matter of the aft ions f of thefe perfons was lawful , and the necellity extreme, and t the cafe was the fame as to the deficiency of others to do tke v work, and that they were in a probable capacity to do it , &t then he shall fpeak more home to the cafe. He needs noc^i tell his readers , Vag. 107. [That fuch abhomtnable cotirfet » carried on u:der pretext of hercuk^ motions , and rare excitations jf §f the for ;t , shotdd make the fearers of God very cautelouserfons , who can pretend rare and heroick excitations or the * Spirit to execute juftice on men, when they think there is ^ :aufe (as he fuppofeth in the following words ) nor cculd N H3 rationally be fuppofed to dofo, though he had tile :$ ,nd pofitively affert-ed that that fact of Ikwea* was , in all ■: ?oynts & alwayes, imitablejfar leffe when he is loath to afierc '• fo much , as this Surveyer himfelf acknowledeeth in the 2 olio wing words, P^. 108. confelling thathefaid , we LdU '. '0 fuch instances a* regular precedents for all times and perfons unt- \ ftrfdily. What difpleafeth him then? [ But where * ( fayes * ie ) the caution that m put tn again ff any that will pretend her. j cat I xat.ittons by thtfpirtt.as a fufftcient cal: t e hath opened a door but hvw J 7.'/ he defe it ag.une i s/njw. What could himfelf fay more to i >ar a heady People from fuch pretenfions of PhmeasAikc < notions, then that it was not a regular precedent for all jimes and Perfons I Is it not poilible (as hath been faid) yea " often feen, that themoft cleare and approved examples e been abufed ? And what can be faid to this , but that :ch muft run their ownc hazard and beare their owne guilt ? od only can prevent all confufion in all cafes. Itisfalfe hich he addeth that [This man hath proclamed this Iberttmfmt private per fons , upon pretence ofhcroickjxcttations of Zeal Z5c. to \fe up agatnft all powers above them ; for they are made judges in their wc private dtfcretion , when it is fit to fall tn hand with fuch trrt- t'hees -y and when it it that fuch heiotck^ excitations are upon en f'ir/tsy and when it is that matters are fo far out of order that be amended without their violent tnttrpofetngy and p.. ^awne of powers : All this is referred to frtvate per Jans difcret, inf. No fuch thing is there faid,and rhincas lnltance will j round for no fuch thing, though it were preiTcd as a moll pgular precedent. As we grant with him , that ££uaktrs and canters , &c. may ;(larr up , aud plead their impulies , and r People (when they mindc changes) will not v Kit: But what laves that aeainft the thing, llicigthe 414 What the Surveyerfayeth Cap.XX, beft things may be abufed ? Ay but Naphtaly ( fayes he J holds [2 hat M'agiflrates when patromjers of athommatiom ought w.ihoHt doubt be fapprejjed by all meanes \ fo that tf there be not pro* bable cap deny for armes , a dJg or a dagger > apijtol or a pot fane A pQtnard , a fpantshfg orfome fecret applications^ may do the bufi-ieffe m h feme great ones ] Anfw. Naphtaly in the place cited Pag. 1 8. isfpeakingpfopen idolatry) blafphetny, perjury, venting and fpreading of herefy, and fuch like abhominations , which being moll dishonourable to God* & pernicious to all Com- monwealths, ought, fayes he . by all meanes to be fuppreffed > true is by all faire and poifible meanes , for illud tantum p.jfxmus quod jure pcjfumuf , and fo , had he not been too captious, be reafon of (iris like J his green wound, he might havefpared the reft, and to his liturgical prayer following [ That tie life of ourdnad Soveraigne maybe bound up with the Lord his God tit the bundle of life , and alfo that the fame great and good Cod may be a shield and buckler to his fervanss (who defireinho* muring cfthe f(jngj to fare htm the I{tng of l{tngs above all) agamft the generation of Men of blood and violence. ] We shall defire him CO «d Numb. 1 1 . Nor was rhmeas one of them. And that congre- gation of the children of Ifrael mentioned, Numb. 1^; *. amongft whom Yhireas was ver. 7. was not the Sanhedrin, which we never finde ( as I remember ) lb called > but the whole body of the People, who were then mourning partly for thefincommited , and partly for the execution , when the heads of the People were haneed up, and a thoufand moe killed by the judges , at Mofes his command I for Paul 1 O. io; ver, 8, fay e* there died of the plague twenty three thoufand 4i6 What the Surveyor fay eth Cap. XX, thoufand , and here we finde there fell in all twenty fourc thoufand. Againe it is remarkable that this fingle aft of Vhmeas in killing two perfons is fo ipuch rewarded and taken notice of by the Lord, yea more then the many who were killed by the judges ver. ?. So that it feemes he was no pubhck Magiftrate : and that he did it with the approbation of Mofes, is probable; but that Mojes did command him , wc fee not; only we finde that the Zeal of God moved-him , and therefore is he highly rewarded j though he was but the fan ofEleazjtr the fon of Aaron. Yea that which the Surveyed citethoutof Deodat rather confirmeth this , for Deodat cal- leth it an aft of extraordinary zeal & motion of God's Spirit, and he addeth tha^ Mofes the Supreme Magiftrate did ap- prove it ; but what needed this , if he had been a Magiftrate* feing there was a cdmmand given to the Magiftrates ver. 5. and a command is more then an approbation, Aquimasand Gerhard call him, it is true , a judge, but we fee no proof, un- lefle they could evince that he was a member of the Sanhedrm of which Gilhfpy fpeaks in his Aarons rod. lib. i.e. 1. The' Dutch Annotat. on Pfal. 1 06 ; 3 » . Suppofe him to have been no Magiftrate , but fay that this fact was befide his ordinary calling. His t. anfwere is Pag. in. That fuppofe he had been a meerpri* -vate per Con ', yet tt could prove nothing* because he did it wt/h the appro- tl batton and good liking °f Mofes , and fo he is but the executor of that unanimous fentence. Anfw. But not only is thisnot written, but the fcripture giveth another ground of his faft, then any vvarrand or command of Mofes : And fo his anfwere in rebus- . fad* , a nonfertpto ad non faclum non valet confequentia is not to the purpofe; Now I fay the fcripture giveth another ground viz,- his zeal for his God, which is not fpoken of the other judges who ver. 5. were commanded or Mofesto execute judgment , yea that word Pfal. 106: 30. then flood up Thineas and executed judgment clearely hintethat more then his being ameer fatellesMaoffiratHs, and the ample reward which was < givenhim, andtheLord's counting it to him for riehteouf- ')oi nefle, fpeak fome other thing , then that he had a call of the Magiftrate , and was his executioner. itei Of the fa& of Phineas examined. 417 In the 3 place > he fayes. [The cafes are different ; for then was horrible idolatry and viilanous vhordome committed avowedly , and with a high hand) in the fight of the Sun> and in way of open doing defote to God> hut it ts not fo now. ] Anfw. Prudence might haye taught him to have concealed this , for it were eafy to draw fuch a parallel as would make him afrayed , ii any did intend to follow that example : For I am fure what ever he account of the prefent apoftafy , and how ever he mince it, as no doubt \imrt would have minced his uncleannefle , when he juftifiedthe fact before the Council, as he told us lofohus faid; yet the apoftafy and perjury is open , avowed, abhomi- nableandvillanous, committed in the fight of the Sun , in defpite of God, and maintained as right and lawful, howbeic it be fuch as the very heavens may be aftonished at : For fuch open, avowed, malapert vvickednefle, defection and perjury (all things confidered) was never heard of in any generation. How our reformation , aud confellion of faith is maintained, we have heard ; and albeit he make all the change to be only 1 change of the exterior forme of Church government, yet when he is before his judge , he shall finde in the cup of this I niquity,manifeft & avowed perjury, overturning of the work :>f God, deftroyingoftheintereftofChrift, blafphemy, near into that unpardonable fin ( if not the very fame , ) in fa- thering the works of the right hand of the Moll high , on Satan ; open and avowed perfection of godlinefle; opening )fagap to all licentioufnelTe , horrid iniquity, increafc of dolatry -> villanous and avowed whordome , Sodomy , xheifmeand devilry , and more wickedne(fe then tongue can ell, or pen can paint out > but is on clear record beto re the -ord, 4. ( Sayes he) [Let it be ft, that he was a meet private man , \nd had no warrand from the Supteame Magiftrate to do what he did, 'it fad c.tnnot warrand Men to attempt the doing of ftich ads , uniejfe hey can shew as good warrand and approbation from God as he cctiid. ] infw. That he had God's warrand and approbation we do ot doubt 'y but that it was fuch an approbation as waspecu- arto extraordinary un-inittableafts,isthe thing in queltion, D d 4i 8 What theSurveyer fayeth Cap. XX. we grant with him . That God who is the Lord of all Ma- giftfaresj and of all men's lives , can (whenitpleafethhim) croffe ordinary rules > and appoynt fome to execute his judg- J ments extraordinariely , but the queftion is whether every J rhing, which the surv. accounteth extraordinary, is fo indeed. [He may (fayes he) fend Mofes to fall the Egypt) an Eglon to kjll Ehudfhe should fay Ehud to killer ») Elias/o defroy companyes of wen with fire from heaven sOr to fyUHiaaYsPriefts: He may command Abraham to kill his fine lfaac: he may excite David to a bloody duel (2 s amp fin to mmther himfelf. ] Anf Will the Surveyer account thefe inftances alike extraordinary and unimitable ? Sure Royaiifts will think that Ehud's Killing of Eglon may warrand any private perfon now , to kill a tyrant without title. But I lay more weight upon lohn i\nox his diftin&ion in this matter, in his debate with L'uhingtcun * kift. of reformation , Pag. 390* ( edit in fol. ) [ And as touching (fayes Mr. Knox) that ye alledge that thefacl was extraordinary , ($ is not to be imitated* . I fay Thattt had the ground of God's ordinary judgment* which commandeth the idolater to die the death: and therefore I yet agami . affirme , that it is to be iwiitate of all thefe that pref err e the true honouf of the true wcrshipe and glory of God , to the affeclion of flesh , and wicked Princes. 1 and when Ltthingtoun replyed. That we art' not bound to follow extraordinary examples* unleffe we have the like commandment and afturance ( the fame which this Surveytf fayeth.) He anfwered IJ grant if the example repugneto the lav « jl as if an avattcious and deceitful man would borrow Silver * Rayment J if cr other Nectffaryes from his Neighbour * and withhold the fame jfl alledging that fo he might do , and not offend God * beciufe the ifrae^ istes , at rheir departure out of Egypt , did fo to the Egyptians , Th$ 1 example [erved to no purpofe , unleffe that they could produce the //£*p caufe > an d the like tomman dement* that the ifraelites had : Andf that becaufe their facl repugned to this comrnandement of God Thotl^ shall not ileal : But where the example agrees with the law * and //,if as it were* the execution of God's judgment* exprefed mthtn rhip fame - 1 fay that the example approved cf Gcd Hands to us in plau\t of a comrnandement ; for as God* in his Nature is constant ani% immutable , fo can he not cendemne m the ages fubfequent , tbm which he hath approved m his fcrvants before us J but m his fervant% befor\ Ofthefaft of Phineas examined. -419 before us y he inhtsovne word confounds all fuch as crave further approbation of Gods vtlljhen ts already exprefied within Its fa tpture ry for Abraham fatd, They have Mofes and the Prophets &c. Even fo 1 fay* that fuch as will not be taught what they ought to do by the tomm an dement of God once given y and once put in practice y will not beUeve nor obey 5 albeit that God should fend Angels from heaven to mftrucl that doctrine.] Now fure I am this tact of Phineas wis according to the lavv> andtotheexpreffemindeofGod, and kvhy then might it not be imitated in the like cafe \ What ivarrandjCommand or commifllon hadphmeas which none now :an expeft I U (fayes he ) [He had the Motion and direction if God's Spirit, which was loco fpecialismandati. ] Anfw. We toiow men muft need the Motions and directions of God's fpirit to ordinary and allowed dutyes : How shall thefe make this fact altogether un-imitable ? It is true Calvin fayeth // was a fingular and extraordinaire motion , which may not be drawne to a common rule 3 but notwichftanding zhercof, I fee not how it should be altogether un-imitable or ufelefle. But grant it were fo, as Calvm fayeth > unleffehe !aythat it is never to be imitated, in no cafe, and that no fuch :hing is ever to be expected , which I fuppofe he will not fay , low will he prevent coniufionsthorow the abufe of corrupt nen , who can pretend as wel thefe fingulare andextraorai- sare Motions , as the example ofphmeasl As for what he fells US Augujlw and Bernard fay of Sam fen's cafe , is not to the i poynt : Becaufe according to that folid diftinftionof Mr. I '\nox> that wascontraretoanexpreflelaw , Tnou shall not kjll t 1 ind fuch alio is the example of Abraham. 2. He tells us , j That , Phineas had net only a large reward ofhufady Numb. 25: i /er. I2> 13. but an ample approbation of it , Pfal. 106: ver. 3 1: . »t was accounted to him for ri^hteoufneffe , i.e. as a righteous ^ fclion > both as to the intent ton of it (Ctcd* s honour ) and as to the rro!4nd andwarrandoftt ( God's direction) God doth not approve > \r rcmunerat any action, which one way or other he doth not command J j dufw. This is all granted > and as it fayeth that Phmeas was I jopublick perfon or Magiftrate , otherwife there hadbeeo ao doubt anent its being accounted to him for righteouf- lefle , though it had not been exprefly mentioned by the Dd 2 Spun 410 What the Surveyer fayeth Cap.XXJ Spirit of God , for it fayeth that fometimes private perfones are allowed of God, to do what herequireth in ordinary to be done by Magiftrates . [ There are n:ne of thefe extraordsnaVy atttons (fayeshe) mentioned in Scripture , but etiher God's (ttrrtng up men to the fame > or hi* approbatton of the fame , one way or other ts noted : See Judg. 3 : ver. 10. andy. ver. 7. and 10: ver. 23. andy.vzx. 9, 15. ^^2:16,18.] 4nfw* Will he fay that; all thefe inftances were extraordinary and not imitable? -Whence will Royalifts then prove 5 that private perfons may kill a Tyrant without title i And if they be not altogether unimitable, then the caufe ishereyeelded ; for God may be faid to ratfe up , and to (Itr up Mens Sptritstytn toimitable aftions;& fo he hath given us no reafon as yet to prove Phtneat faft altogether unimitable*, nor will the real rebukes , which he faith God gave the late rifers, proclame that they had not his approbation, unlefle he fay that God's approbation of aftions muftalwayes be interpreted by the event, which is } not confonant to true Divinity. In the f. place he tells us, [That if once men come to preffethe i- mi tat ion of ' this in fiance , they muff fay , fir /?, that even vhenthe^ hiagi prate is godly and zj^ous and willing to execute judge- W went, (as Mofes was) prtvate perfons may do it, and without any legal procefle> 2. goe to mens tents and chambers and Bob them, and 3 . that though fuch things be done inconfulto pio Magiftratu , yet the doer muff not be challenged.] Anfw. It will be fuffkient if it be granted > when the cafe is every way the like, or worfe : It is true , Mofes was not unwilling , but it is like at prefent in capacitated , through the want of affiftence of inferiour Ma- gistrates , many of whom were guilty , and many had been executed \ and through grief, while lying mourning beforer the Lord. 2. There needed no legall proceffe; for both?' the law and the fentence was written with chara&ers of bloodi upon the carcafes of thoufands \ & this Mans fa& was notour^ and avowed, to all the Congregation. 3. Hehadtheinter-^ pretative confent of that pious Magiftrate: why then may ^ not the like be done in the like cafe, where the Jus, and the Pr faclum is as clear and undenyable as here , and the Magiftrate, who should execute che fentence is out of a prefent capacity 1 and Of the fadl of Phineas examined. 42 1 mdthe matter admitreth of no delay as here, (for till this was done, the plague was never flayed,) much more if he will not, and wrath is ftill poured out from the Lord; and the Magiftrate by his place is bound to aflent , & approve of the thing. If fuch a faft were done in the like cafe, would j any think that the perfon should be challenged and not rather : approved by the Magiftrate } In the 6. Place he gtveth us , the dijltnclt on betwixt extraor- dinary and ker'itcal afis, telling us that a heroic!^ act doth not devtat ft jm the rule cf a common vertue , hut only proceeds from a more intenfe dtfpofiit.n to a high pitch of vertue and of the ads three f: £ ut an extraordinary acliongccs beyond any ordinary rule of common reafon tr dtvtne word , as that Abraham should kjll hts Sone Jfaac. 1 Anfw. We shall not contend with him much about this , fince he will grant that hercick actions are imitable, as not being contrary to a rule of common vertue j though extraordinary actions, which are rather contrary to the rule of common vertue , may not be imitated : And he hath not yet proved, neither can he prove that rhmeas's fact was fo far beyond any ordinary rule of common reafon or divine word , as was that of Abraham , andthelike. We shall grant with him. That Extra rdmary acltons , are fuch as are done upon fpecial mandate of 3od, and aie net within the compafe of ordinary acls of obedience tccordmgto the rule , that is ftt.] And chat [men may have heroic^ notions ($ acltons within the bounds of an ordinary calling, 4/Luther iad'} as fomettmesy though thty hive an extraordinary calling.: , may want hcrotcal motions ,ai Peter when he dtjfembled. [ Hut tvhat fayes this to rhmeashu fad K [Phineas ( fayes he) tad not only excitations cf ^eal and her'otcai motions , bus ( ftppo- 'esng him a mecr private perfon ) he is to bel:c!^d mfm as havmgexm jacrdtnary calling from Utd.'] Anfrcr. Doth this man give 2 hftinct found i He complained of the Author of that dif- :ourfe concerning Thine**, that he tin ncd himfelf>r( „ ordinary Rules , itmight be imputed to him for fin (fup-& ,,pofeing him for ameer private man) yet, having God's (■ „ warrand j whofe will is the rule of righteoufnefle 3 the deed *£ ?> was imputed to him for righteoufnefle ] Anfo. It is true, God rewards not, nor approves not vvil-fervice, yet he approves and rewards other aftions, then ftich as are extra- ordinary and not imitable. 2. God's imfuttng it unto htm for P ugyeoufnefi fayes clearly he was a private perfon , and r that God accepted of his fervice as a noble aft of holy zeal for $ God and his glory , and rather fpeakes out an encouragement r to all 5 to do the like in the likecafe , then any extraordinary rc call he had, which none now can expeft. Then in the 7 place he fpeaks of Callings &fayes that [Every [? ?, calling a man hath to any work Muft be either Mediate or r >,immediate (thereisnomidsbetwixtthefetwo, asthereis[9 ', not between contradiftories) if they be not called by the in,terventionofmen,& their allowance,they muft plead an imJi'1 3J media: calling from God.] ^/Becaufel minde not to enter :c- into Of the her ofPhineas examined. 413. ito^a Logomachy, or debate about words, Sctearmes: 1 'ould defire him to tell me,what callmen have to run together ^ extinguish a fire in a city , when the Magiftrates through /ickednefle or negligence will not, or do not, call People nth unto that work. They have not Man's call , nor have aey an immediate call from heaven , and yet they have a law- d call from God > Nature and neceility, tofave the city, :eir houfes*goods & little ones , from being burnt into ashes, ind what ever name he give to this call , we will allow it to "rivate perfons to defend Religion and a land from ruine and fcftruction , when Magiftrates do not nor will not do their !uty. And when men, whether out of fecret impulfes, leroical motions , or out of meer fenfe &c confeience of duty , p this , they do not defert their owne calling and ftate, like' hefe fpirits lud% ver.6. Nor do they intrude upon the vlagiftrate's office , though they do materially that work for hat exigent , which Magiftrates by office were bound to do, >eing called thereto by God, by Nature, and the call of pevitable neceility, which knoweth no huir. a • and o which fome divine pofitive la wes will cede. ]kt then he ayes Pag. 115. [ U "In is it no: alp fujffiucat for the cff.ee of tbt rifiery vtthout a all from men ex:c> nally) ] Anfw. And dot h he hink thatneceility will not allow a man diffidently gifted and jualified toexerce that o:Iice without an externall call from nen , in fome cafes i What ifa company of Men be call ou: >n an ifland, having no correfpondence nor poflibilicy of ;orrefoondence with other places , whence they mi lave fome lawfully called Minifter • ana 1 :hem qualified for the work, might not he in char cafethink aimfelf called of God to \ .: function ? A we grant this, we need not yeeld unto ^n.tb.i.: Vhottmans , or the like , who are againft :■ call at any time, aUedging that gifts.. it [<*n4 shall he refafe to Admit women 'ren trtc.tfc p/ ?. pi] A'sf*'. He shall no! provideing neceility, which he shall PapifLaiKl: ouradmiifion. D d 4 \n 4x4 What the Surveyer fayeth Cap. XX. In the 8 place he comes to tell us that [itisinvainetofay, that God's hand is not shortened, &c. for our queftion is not of V that , but if now after the Canon of holy Scripture ts perfected fealed \ and configned , tee have wart and to looj^ for any extraordinary per fo -* fones , having Gods fecyet and facial Mandates* to do worlds which , 4ny ordinary calling doth not interest them inly Anfw. Prophe- vl eyes and predi&ions of future events, are not works , which ;, any ordinary calling men have, by allowance and approbation of Men , according to the rules of common reafon and the word, doth intereft them in; and doth he think God's feal-^i ing and perfefting the Canon of Scripture hath fo bound him i up , as that he will not, or cannot now give fuch a Spirit unto | any? 2. The queftion rather is > Whether now when the , Canon is fealed and perfected, examples of Zeal and valiant', afting for God and his glory,in times of corruption and wick- | nefTe, in aftions not contrary to the Law of God, regiftrated, in Scripture j be not for our ufe and inftru&ion , and imi-, table > When Naphtaly wished that all God's People were as Phineas He concurreth with him [In wishing that they may be filed with ^eal to his glory as Phineas was; but not that they should have the fame exercife of Zeal* unleflethey could be certified of their warrandand calling to do fa, as he was. ] AnfThdX. he Was certified of his calling & warrand we doubt not, but that he had fuch a call as no man now is capable of,is the queftion ;&he hath not yet cleared it. [7 he Apples ofchrtfi (fayes he) are to us examples of Zeal for God in their Mintflery ; but who will fay that the ads which they Zealoufiy did , by virtue of their extraordinary calling , as Peter's filling Ananias, are for our imitation] Anfwm Veter killed i Anamas and Sapphtra by a power of miracles, which none now have. Vhmeas did not kill the Prince and his whore, by a power of miracles. Their examples are imitable according j , to our power and the, exigence of the like neceflity ; and ,( therefore Minifters should now out of zeal, ufe Church cen- hires, againft fhch diflemblers when difcovered : And fo we 3 grant that to follow al the fafts of them who have been truely n Zealous for God, were indeed an evil Zeal , like the zeal of ; j the Difciples L*fe $3 w. 54, and we shall willingly heark en Of the fa& of Phineas examined. 4 if jl to Veter Martyr's his words Loc. Qtm. Clafl. 1. Cap. 9. and rant that „We muft beware to confirme any thing which we vehemently and extraordinarily defire by the exemple of predecefiburs. And that, when we attempt the doing of anything contrary to ordinary commands of God, itis not , enough to produce the example of others, but we mufl fearch by what Spirit we are led , left under a fpecious pre- text we follow carnal affection and prudence. And yet ly, that in fome cafes private perfons may execute judgement n Malefaftors, after the example of the Prophet £\Us killing aals Priefts , 1 King. iS. Which faft Peter Marty in the unc place, ». 4. defendeth thus [„ I fay it was done by the Law of God: for Deut. 18. God decerned that the falfe Prophet should die, and Cap. 17. the fame is faid of private Men and Women who would worshipe idols . But Cap. 13. not only is death threatened againfla feduceing Prophet , but a command is added, that no man should fpare his brethren , the Son of his Mother, norhisfor>or daughter, nor his deareft or mod intimate friends : Thirdly itis commanded that the whole city, when it becometh idolatrous should be cut off by fire &fword: Aodziex'.i. is ftatuted,that the blafphemer should not live; to which Ha may addethe Law or equity of Taliation; for thefe Pro- phets of Baal caufedy^M and Ahab kill the fervants of the Lord.] He fayes ( itis true) that King Ahab bg refent did confent , and did not withftand • but wc othin£ in the text shewing that the Prophet founded his I pen that confent. It is true, the King might have been fa tonished by that prodigious fight , that he durft nor fpu *ainft the Prophet, and all the People: But that for all lis, he gave any exprefle command, either through L r defire to haveraine; or that the Prophet either fought , r had his warrand and command for what he did , we fee •> cround for it in the text , More then Samuel had w nd of Saul when he killed a gag before his eyes , whom 5 should have killed himfdf according to the command of od. Dd 5 Thus 416 Animadverfions upon the Cap. XXJ Thus have I anfwered all which this pamphlecer hath faid; concerning Vh$mas his fa& : for what followeth to the end of his pamplet , is not much to this matter , & hath been fpokea, to formerly : and though I have done fo , I would not havo, the Reader to think , that I do look upon that example of Vhmeas as a binding precedent in all times to all perfons , un- lefle it be every way fo circumftantiated as it was then. And furder I fuppofe it will fully fatiffy this Surveyer and ftope his Mouth abundantly , if I shall fecure him from any fuch dag or dagger. To which End , becaufe I can do no more ^ I do heartily wish , That none of God's People do in chat manner defile their fingers on him or on any of his curfed fra* temity, to whom God is referving (if they repent not^ the vengeance of hell fire, and polEbly a vifible ftroke qi juftice on Earth, in a way which will be more to the glory of God, and to the fatisfattion of all fuch as love his caufth and his comeing. Cap. XXL Some Animadverfions upon the Surveyer'ijj Virulent preface and Title-page. W Hen thus we have fully examined and confuted whs. this Enemy hath faid , in this part of his Survey. Ij vvillnotbeamifTe, till we fee what he fayes further in tfij following part or parts of this infamous work of his , if touch alittle upon his Title-page and his moft bitter? aojC fatirick preface , which is a perfeft proof of the man|sSpini, for he cometh forth in his owne colours , & with his tongi fpeaketh no flattering words > nor words of butter , but boi heart and tongue are f u/1 of gall and worm wood ; So that h Name should not be Honeyman but Wormwood- Man < Man of gall. i. Hecallcthhis work a Survey: Or rather a Sufetfit view ; For No man, who ever put pen to paper, took fach j* over' 1 Surveyor's preface. 427 fverlylookj of the books which he pretended to anfvvere, s this Man doth cf thefe books which he mentioneth in the itle page of his icurril pamphlet, as hath been abundantly lready shewed : And if he do no more in the following >art or parts 3 then he hath done in this firft part , he may fefervedly bear the name of a Superficial prelate fuperficially viewing hisadverfaryes forces , & fuperficially managing the ottering caufe } for which he should have been fuperficially ewarded. 2. A Survey of what ? 0/ tk* mfolent and infamous Ubel, intituled-* Naphtalt &c. But whether his railing pamphlet, or Wapktalt do beft deferve the title of an tnfolent and Infamous ykl, let the Reader judge when he hath confidered > firft , hat as Naphtali came forth without the author's or printer's iame prefixed , ( for which every one may be convinced there vas fufficient reafon , feing fuch hath been and is the wicked- ie(Te and cruelty of corrupted tyrannical Courts , and of lone more then our Court now in being, that none durft vithout manifeft hazard openly rebuke in the gate , or in •rinte shew the iniquity of their wayes. Yea Or vindicate ach as oppofe their tyranny and cruelty. So doth this \urvcy i vvhofe author could be under no rational fcare from he powers now in being , for his advocating their caufe ; jinghe hath been fo richly rewarded for the fame, as is jfficiently knowne : And therefore, his Surzej defervcth luchmore to be tearmed Sibelius Famofu*\ feing notwith- andingof the warrand , Yea& reward of the Magiftrates, edarnotowneit , by prefixing his name to it ; Nordarthe ery printer prefix his name. Next the nature of Naphtali's ifcourfeisbutan hiftorical dedu&ion of the troubles, the Church of Scotland , in her reformation , hath met with t the hands of a popish, prelatical and Malignant faction, nth a neceflary vindication of the truth, which is allowed d all hiftorians , that thereby , truth may be the more cleared, id the Readers more edifyed by the hiltory. And who ever eardfucha faire and cleare deduction of Matters or Part, jgethcr with a few reafons here and there caft in for the leaders further fatis faction 9 called an l»f*mm IjbeU till 4i8 Animadverfions upon the Cap. XXI this impudent ignoramus arofe } And as for his pamphlet , do not all fee , who confider either its fcope , or its method^ or the whole ftraine of the difcourfe, that it can be tearmed nothing elfe , then a moft impudent, infolent and infamous libel , being not only larded , with bitter inveftives againfl the Caufe and People of God , and railing fpeaches more futeable (if futeable for any rational creature; for open fcolds and brawling wives? thenforaman, (unlefTe he except fucft apian, as hath by perjury and more then feminine levity, declared himfelf, by his owne grant , tobe one of a debauched tenfeience) but alfo tending moft falfly to father on the honefti people of God fuch things as never came into their mindes: Whereby this railing Rahshakeh proveth himfelf, toallfobefl judicious perfons, to bean impudent lying calumniator ; and his pamphlet, a more then ordinarily infolent, bale, lying 3, .and infamous libel 3. He tels US, that in his Survey, fevetal things falling in debatti rnthefe times are confidered* But by vvhat vvehavefaid, vvel have feen , that fuch things as he hath in the preceeding chap-ji ters c6nfidered , for the moft part, are either fuch things as should be put beyond debate , by all who have not renunce4: Humanity , Reafon , & Religion \ or fuch things concerning, whfch himfelf hath needlefly and foolishly ( as it may b* his re warders will finde) moved the debate \ unlefle he bringfci fome other things above board? in the next part or parts, therje< we fee in this ? 4. Moreover, he tells us, that [here fome do&ines ttL Lex Rex & Apol. Narration (he should have faid relation) art^ trough to the touch (lone . ] But if in what he hath furdei^ to fay, he mention not^fome other do&rines > then what wifoi fee in this part, every rational Man will fee that he hath rathe% brought fome drops then doclrines of thefe books to any toucrjon ftone, yea even to the touch ftoneof his owne unfolidancffc buttery fancy , for his Reafon hath nopallat to tafte trutiL -eight. j. In this I. fart he tels us thtt[HeReprefents the dread f*M afpeel of Naphtali's principles upon the powers Or darned of God , am ifr derecls the horrid conferences in practice* necejfarilj refulting fron fm Surveyers Preface. 429 rMcb principles. But more truely , the dreadful ftate of his wne diftempered braine, both in his judgment, mifunder- anding what Napktaljhyes , and in his ratiocinative faculty., iving us nothing but ncn-fequitu*s for clear confequences, ^nd the mamfeitly dreadful afpeft , which his owne princi- >les have on all Commonwealthcs, and on all Rational and leligious perfons, together with the affected ftile of a bafe & yiotdLntgnatho, Ttme fervtngpar.t/ite & Royally rewarded court ^ccerer, who having a latitudinarian's confcience, or rather confcience utterly ( I wish, not irrecoverably; debauched, laketh no confcience what he fayeth , if he can pleafe King nd Court : And how pernicious fuch Sycophants have een to Kings in all ages , hiftories fufficiently declare. 6- Then he prsefixeth, Job 13: ver. 7, $, 11. villyou fpe.ii^ ukedly for God j cSc Apaflage which moft fitly quadrats -ith him ( unlefle he fay he intendeth not to plead for God , ut for a creature . yea and upon the matter > for the devil ) ►ho 5 as Job's Friends confpired againft hb , and maintained wrong thefis , & erred no lefle in the hjpothe/is or in the ap- ication to /oh; fo he confpireth with other Royalifts to de- :nd erroneous and long-fince decarded thefts* and maketh evil applications toourprefentcafe, ashach been shewed. !is difcourfe sheweth to all that he is an accepter of per. Ins , not fecretly indeed , but openly ; and fo this forger of ts fpeaks wickedly for the King, who is (very like) all his od : But we are confident, God shall fcarch him out and prove him. Then he prefixeth, pfal. m.zer. 10. ituht *t gtveth Salvation unto Kjngs-, vho delivereth David h* Servant om the hurtful f»cr d. A noble truth, which all Kings would ok to , and if they expected any good of this good word , ould layoutthemfelves for this God and this caufe, and >t itand in oppofition againft him , left they tinie that he ho h terrdic to tie ?\tngs of the Earth , ffal.-r^: xrr. 11. And ade higher then the Kjrrgs of the Earth , Pfal. 8$: ver. 17. Shall ucbutfirtc^thctGw/ytrtgf m the day of his wrath > Pf. no: 5. nd tindc a way to make good that, P/.i/. 1 49: *.<>,- *. hot the Lord taketh pleaji people , he viU beautify tkc X 430 Animadverfions upon the Cap. XI /be mee^ with falvation , let the faints be joyful in glory , let them ftng aloud upon thetr beds , let the high praifes of u od be m thek mouth , and a two edged fword in their band , to execute vengeanc\ upon the heathen , and punishments upon the people. To btnde thetr Things -with chaines , and their Nobles with fetters of iron. To execute upon them the judgment nntten: This honour have all the faint 's,pr at ft ye the Lord.] but it is to be obferved, that by his bringing: forth of this place of fcripture, he would make the world beleeve, that the party he oppofeth isthirfting for thelifti of the King , which is but this falfe calumniator's fiction : &ti we shall make ufe of the very next words of that fame rf*L{ 1 4 4; v. 1 1 . & fay [ Rtd us and deliver us from the hand of flrangt{ Children whofe mouth fpea^eth vanity , and thetr right hand ts a right hand of falsbcod. ] And in the laft place prefixeth Provert.\ cap. 24: ver. 2,1, 12. My Son feare thou the Lord and the I\jng\ and meddle not mtb them that are given to change , ($c. Anc doth he account himfelfand his party, fearersof God, whci havefo Apoftatized , and palpably perjured themfelves.j and doth he think , that fuch as feare not God can ever feast the King aright ? If he do, he is miftaken. And who are! moft given to changes , They or we, let the World judge 1 What was this impudent man's brazen face doing while h and are conftantly let againftthat :>jured hierarchy. But when we marke his fcope , we fee /hat he would fay in plaine tearmes,if he durft for shame, tz,* That they are now the only militant Church of the x>rd 111 Scotland. This is a great change, I confeffe , when thrift shall have no otherChurch inScorland ,but the perjured, poftatical , popish, prelatical and malignant faftion, that ath been from the beginning, an heart and avowed enemy to he Church and People of God , and never more wicked and ebauched then it is this day : And yet fo holy is it , that it tiuft arrogate to itfelf alone , the name of the Church . 3ut what Church ? Be-like the Synagoge of satan which call hemfelves jewes but are not , or that coet** maitgnanttum ( as he vulgar hath it ) PfaL %6: v. 4. The congregation of evd dcors , vhich should be hated and not joynd with . They the Church; who have banishedChrift out of theChurch,ab;ured is interefts , perfecuted to the death his brethren and follow- rsf Muftthey be the Church, who are a company of per- jredApoftats, prophane ranters , Men of debauched con- ciences, wicked lives, corrupt principles, prodigioufly licen- '.ous \ and running to all excefle of riot & iniquity * They the •nly Church, whofe chief Fathers are ApoftatePrelats , fen- Inl, brutish, latitudinarian Epicures, void of the faith, Ene- nies to piety , carnal worldings, whofe God is their belly, vho minde earthly things, & whofe end shall be deftruftion, ogs, evill workers , and the concifion, of which we should ieware? Pkfi.%: vcr 1. Are thefe Prelate Bste-skeept , rather * hen Bishops, blameltfle, the husbands of one vtfel A re they Vtgt- -1 ant, unlefle when they have much wine to devoure , or a feaft J ;o hold to Bacchus \ Are they fiber , who glutt themfelves n fenfuality * Arc they of good btheavtour > whofe carriage is aj ibhominable to all fobcr perfons ? Are they gruen to hefpi- islifjt who, if they could effe&uat it, would not iuffer a godly ■ perfon to have the benefiteof one nights Lodging in all the •l land/ Arc they apt to teach, who have rejeftedChrift and his tf truth , and cry up and commend Sociniati brats and impoi- ' ,cned books ? Arc rot thtypvtn tovmc * Witnefle all who con " 43 x Animadverfions upon the Cap. XXI converfe with fome of them. Are they no ftrict>ers> who ard ringleaders in perfecution , and ftirre up the powers to fpevd out their venome , a^ainft the fmall remnant of the honeft coi Vs venanters in the land ? are not they greedy of filthy Lucre , who! opprefleall underthem, & for a Bishop's benefice have made! shipewrackof their faith , foul and conference? Are they} patient who are fo foon fadled -y are not they Brawlers? WitnefleJ this pamphleting prelate? Are not they Covetous? Witnefle all who have to do with them. Do they rule wel thetr owne houfer having their Children in fubjection with all gravity \ when all fee that their families are nurferies of pride, vanity, pompe prodigality, idlenefle, profanity and fenfuality? And as for their Underling-curats, the fcumme of Mankinde , who feeth not their nakednefle ? Is this the Church , when they; who fay they fit in Mofes feat , are fuch patrons of profanity, andpatronizers of wickednefle, and unworthy to be ac- counted Members in any tolerably reformed Church ? Are they the militant Church , who triumph in their filks and J velvets, rideing with foot mantels in Parliaments, fitting in Councils and Seifions 2 1 fear many , of them shall never! fee another triumphant Church. If they be the corne grinded]! betwixt two milftones , where is the profefledly profane, f and atheiftical world which trouble them ? Sure, feing thele f are the only members of their Church , they muft be nothing f elfe but the Nether milftone : Nay the poor affli&ed people H of God finde them the upper milftone too: for by them and at fv their inftigation, are they brocken in pieces, persecuted to thef death , fcatteredinto corners , and banished to other nations. T And as he cannot give us the profefiedly prophaneandathe- r iftical world diftinft from themfelves, So he shall never be V able to rank thetruely godly, who are perfecuted this day:? for righteoufnefTe fake , among the wilde feck of Anabapntts. P; As shall be shewed afterward. Ay but ?ag. 5. he fayesr: [As Whitgift and Hooker the fe godly, fagey andfagaciouspeifonr^ ( forfoo th ) confidering the tendency and confequence of (ome' of their principles, who were vehement for Difapline, feared the breaking out of that evil ; fo now they fee it is corne topajje; for that Myjlery of im» quuy which worletth to tie confufion of humane focieties> to the bringing w; 1 Surveyer's Preface. 233 f divine ordinances into eontempte , and to the introducing of Li. Krttmfme , Quakertfme , Ranttfme , and Athetfme , can skrovd tfelf under dtverfe external formes of Church government.] But ure if we may judge of* the caufe by the effect , there being more Lsberttntfme, Quakers fme, Ranttfme and Athttfme. this day in Scotland -> then was all the while that presbyterian government was in vigour, we muft fay that Prelates and Prelatical principles usher in thefe evils , which shroud more under their lap , then under presbyterians : Anabap. ?ifts7 he tels US out of 4mes Fresh Snte Pag. 9 3 . had their o wne Btsh-jps, but where findes he that they had presbyterian go- vernment ? It feemeth then that prelacy can comply better with Anabaptifme , then presbytery ; and fo it will indeed: ror they being two of Satan's devices muft not difcorde. It »'vould appear that neither uh/tgift nor Hcoktr have been fo age or fagacious , nor himfelf fo sharpfighted , as to fee uch furious Spirits lurking under our lap} we and all fee them ather fvvarming under his own lap. 2. Thisinftrument of Satan cometh next to fowe fome ares, Pag. 5,6. and pretending much tendernefle to fome noderatmen (as he calleth them ) of our way, he advifeth hem for God's glory, the honour of his reformed Churches, ompaiEon cofeduced fouls, and true intereft of their ovvne eputation , todifclaime by fome publick deed , what N>iph- m fayes , left they be accounted partakers of the guilt. But vile and fagacious perfons will eafily fee this fnare, and will ot lay much weight upon all this perjured wretches faire retentions, and will readily be convinced that there is no Jch vile things iflueing from Ndftialy (when wrnt he fives rightly underftood and not wiredrawne and miferably rowne vvich prejudice ) nor fuch doftrines or practices , iferted or maintained , How ever this niler call them randalous and shameful , as thev need to be ashamed of, rid that it will neither be for the glory of God, the honour f his Churches, thegood of fouls, nor their ovvne ctedttej d dance totlii, man's pipe, to follow divifive motions , ontrare to our Covenants , to joyne-in with malignant A- oftates, confhnt andfvvornc enemies to the work of re - £ c for- ? 434 Aniraadverfions uj>ott the Cap. XXI formation, to make the heart of the people of God fad whom the Lord would not have made fad j& to fortify & ftrengthen the hands of the wicked. Vtrbum faptenn fat eft, we know the proverbjitisnotgood for the lambs, when the fox preacheth. 3 . This meek man tells us next , That it is not his defgne to offend the generation of the humble, meekj felf denyed feeders ofGud's face , pat takers with him of the fame precious faith , and tuning to obtatne tle\a?rie fritrft. of the inheritance . O ! who can decy pher e j unto us thefe perfons? who are thefe humble,meek,felf- deny- ed feekers olGod's face, whom this man will not grieve? Are I thefe the latitudinarian Atheifts, theGallioes, ihecoldrife j Laodiceans , who care not what Religion be profeffed ? It is like men of that principle, will not be much grieved by any thing which he hath faid O ! but he meaneth fome of thofe who differ from him in judgment in feme particular :but what are thefe particulars? Meum and tattm* I fearehetakenot fuch for meeke humble or felf denyed perforis , and they will have as little reafon to take him forfoclvan one. Are thefe particu- j lars, Church Government ? And who are thefe whodiflfcr from him in that poynt, whom he accounts humble meek and felf denyed e Pollibly the few honeft publick refolu- tioners. But I fuppofe thefe fakhful Men defire none of his - commendations. Neither will they look upon themfelves as partakers of the fame precious faith with him and his fra- ternity , who have made shipewrakof their faith. Nor do they minde to r«n to obtaine the fame prize with him and his perjured fraternity , which will be the broad roll , the long & broad curfe , which will enter into the houfc of him that : fweareth falfly , and the heavy wrath and vengeance ofGodduetoapoftates ; as they like not to turne Prela- tes, andfwallowdowne bishopriks which, is all the prize, and all the inheritance , which fome run over light and con- fcience and all , to obtaine. Doth this wicked Man ftill intende to fowe fedition , and to widen that difference? Is he ignorant of the original of that fad conteft t Is he yet to be informed that the rational feares andforefightof not a few of thefe Minifters and Profeflbrs who obtained mercy to be jealous for the Lord , didimpofeaneceifity upon them [in order to the preventing of a re-eftablis king and re-intro- duceing Surveyor's Preface. 43 ^ duceing of thefe abjured abhominations ) to DifJentfrom, and proteft againfl, the courfe which was at that time taken > in publik judicatories : And upon the other hand thefe god- ly men (whom> with much forrow of heart, and the greateft of reluclancies , they didoppofe, as knoweing how really dcare the precious interefts of Chrift were to them ) being Comcious of their ovvne integrity and ftreightnefle in the matters of God , and meafureing others by themfelves , (or thinking it hardly poifible y yea rather morally impoiiible ; chit the very fame men, who had joyned with them info folemne an ingagement to God , and by whom, the fouls of his People thorow the Land, had been brought under the bond of the Covenant, could , while pretending to their former ilreightnefle, befuchmifcreantsand monlters , that neither any Confcience toward God, nor shame before the world , could bind them to the good behaviour , and tye them up from returneing to their former vomit; did miftake their brethren in that opposition , and became jealous of them ; and did likewife by a fad overplus of ill grounded Charity, miftake the enemies of the work of God for friends; and becaufe they had once with them ingaged to pluk up that unhallowed plant of prelacy, as none of Gods planteing, under an Anathema xiaranatha , they were not fufpicious that this accurfed thing was ftill with them , or that after they had joyned with them, in commending the good wayesof God , and crying urate Grace upon the building , they should with the fame breath > cry out crucify Crucify all the friends of the work of God \ and by an unparalleled dilli- mulation, onely be watching for an opportunity of burfting his bonds afunder, an \ calling away his cords from thenar He cannot be ignorant, I fay, that this gave the rife to all thefe fad debats ; and therefore , I am hopeful and confi- dent, that when tiutmyftery of iniquity which was then working, is now manifeft : and when tlut Confpira.y againft Cod, which did then lurk and lay hide under the vaile oi friendship to the work otGod , is now broke forth to the hight ofrebellion againft him who is KinginZion , that all Che Controvcrfici which henceforth shall be between thefe Eci brcthr 436 Animadverfions upon the Cap. XIX. brethren > shall be buryed in this one blefled conteft , who shall love God moft 5 and one another belt; vvho shall moll earneftly and eagerly contend for the faith onee delivered to the faints , vvho shall be moft forward in following the Lord fully, and peremptory in adhereing to the leaft hove of the precious truths of Chrift, now trampled upon by thefe o- verturaers and fupplanters : Yea , I am confident , that thefe godly men who have been moft deceived and cheated j into a credulity of the honefty and integrity of them, who are now gone out from them, becauie they were never of them, will judge that they are more particularly and efpe- cially concerned to fet themfelves in oppofition to thefe ] dilTembling Apoftacs , and ufe all lawful means to overturne • thefe treacherous overturners , and put the Church oisotland ( m Statu quo prit*s> fince by the intruftingof the caufeto thefe men of perfidy, the caufe hath been loft , and themfelves are Lorded over, together with the reft of the inheritance of the Lord : Let me once more fay that , I hope , this shall be the effeft, which his fecond attempt to a further divilion amongft the remnant, vvho ftand in oppofition to the way of thefe wicked men, shall have amongft his Servants , and that the divider shall live to fee his difigne mis- give and hear a fweet harmony ( after all former jarring difcords ) 'a- mongft the fervants of theLord,infingingaHiggajonfelah becauie this wicked man with his complices areinfnared in this and other works of their ovvne hands. 4. He goeth on in his fafcination ( but in vaine is the net fpread in the fight of any bird ) and would perfuade us , that he cannot take thefe humble, meek, felf denyed feekers of God , as partakers with Naphtaly and his adherents : For why t [liho can imagine ( fayes he ) that a meekjeople> who bath the prcmifc of Cod's teaching , should be Jo far tranfported , as to take the circumflantials of Religion , for the greater and weighty matters of Law and Oofpel , -without which known and beleeved] none can ccme to God*] Can we think, or can any but this wretch, who feareth not God , think, that the obferving of facred Cove- nants, made about the life and fubftsntials of Religion , as "well as more external things , is no great and weighty matter j of the Law ? Ko hurrble undeiftanding feeker of God , but.> burveyer s f rerace. 43 7 but j though he knoweth there is a difference betwixt the circumftantialls of Religion, and the weightier matters of Law and Gofpel , yet, as He will not account everything circumftantial, which this circumftantially fubftantial Prc- lat, vvilcallfo; fo , He will have a tender regard to every thing , which Chrift hath appoynted in his houfe. £ut , i pray j who can take his Man for one of thefe meek people who hath the promife of God's teaching, who to obtainea bishoprick, a circumftantial inhis account> (but really to him and his collegues a fubftantiall fappy thing, & to fenfual carnal Epicures and bellygods , and to fuch as care for no other portion, but one in this life ) hath fold and given away the mod weighty matters of Law and Gofpel both J And how he shall then come to God > unlefle he repent, I fee not ; It may be the needle headed cafuift hath found out a new way , and ( if not fure and faiie , yet ) to his experience eafyand honourable , vt^. by attending from a Presbyter to a Prelate : But whither next > Exstus acla pnbat , either backward , or headlong downe the precipice . Againe [ U ho can thinks ( iayes he ) HuU an intelligent teopie should accourty tha. t e cznccrncs cfchnfPs l\tngdcme and their owmt falvattou , do lye with fa much (irefe upen : \ rk at the wea^efl ar.dmosl tgncra?. : hall have a potefl. i i p ith the Man ofgi eatelt gifts , {earning , and knowledge \ that the mimfer veal^efi m ha prfdennalls > should have equal author it . vi t c managing cf the matters of God's houfe , with: i pru- dence; that the \.u-e;i , rawest. should have as much power in a:.,; ; : t him ft of L>cd, a* t\.e :.la>i fulleft ofyearS) wr.o\e judgment Mtd and ripened for govern- ment , and , na Ung time gt venfui h documents of good and I wife bthavuiir , fh.it ma^j . bumf tit t t< r*U the younger fort , then t§ be ruled by them { ] Anf>. No doubt but ye are the people anJwifdome shall die vvitli you, yeeare the Men of grea gtfts j learning ./.». e , i//j(. to devoure cups , loofe the knots of Gove; i to lead people the broad way to hell j you are the w/W and molt noted for pmdtnce , i:i that carnal wifdonu i is enmity to God , and in that worldly way ol Cbul and co Ec 3 ungi 43 o Ammadveriions upon the Cap. XX. j greetings in the high wayes, high places, honours , reve- nues, Court ftations, Court rewards, and Court comple* ments, &c* You are the Men fulleft of years , whofe judg- ment is confolidated & ripened for government, giving for along time documents of good and wife behaviour , having not only your judgments ftupidly blinded , but confciences feared and ripened for a dreadful plague -y and of this , have you for a long time given fufficient documents, by shewing how chamehon- like you can change all colours, and how wittily you can turne with all tydes, and have a behaviour futeable for all companyes, but the company of God's people. O ye Seraphical Divines, or or rather Dunces ! O ye Ef- ficiently qualified for a bacchus barrel ! O ye fublime Do- ctors of the blake art of per/ury ! O ye learned Clerks in the myfteries of the Kingdome of Darknefle ! O ye whofe pru- dence is to faiie with all windes ! Oye Men of judgment confolidated into a ftone , having no confcience , and far leffe pietv I Doubtlefle you are the Men , the only Men fit forthefolepoffeffingof that poteftative power and authori- ty , to manage the matters of God's houfe , and to rule the young ftirplings- But every tree is known by its frute , and whether your Angular Antichriftian fupereminency , or the Apoftolick parity, hath beft mannaged the matters of Chrift's houfe, the prefent overflowing and abounding of Idolatry, Superftition, Sodomy, Adultery, Uncleanneffe, Drunkenefle, Atheifme, Ignorance, Profanity, malig- nancy, hatred of piety , perfecution of godlineffe , andfuch like abhominations , and the villannies of thefe debauched creatures the Curates , will , to all ferious and fober on- lookers , determine : And by the prefent face of affaires, together with all that, which what is already come doth preiage, compared with what was feen while Presbyterian government was in any vigour and integrity, will make all that feare the Lord , fee that more of the concerns of Chrift's Kingdome and their owne falvation , lyeth upon that very poyntof the difcipline of Chrift's houfe, then by many hath been thought, and will be a fufficient confirmation, that this parity, and not rhdr domineering fuperiority, wastheonly forme ouivcyci iritwtu *tyy forme of governmeoc eftablished by Chiift and his A poftles. Moreover he fayes , [ Or who cm fee the prejudice to Chrtft *s Kjngdome , and pre a out fouls , // fuch avcrthy perfon (ad. is defcrtbed ) be mtrufted wtth snfpeclton over other Brethren and Churches 5 in a reasonable bounds , not wtth a dominattve or lordly power , bur paternal and fatherly ^ not to do after bis owne arbttrement> and at one unchallengeable tnkss acltons y but tdbe regulated by arts of the Church and Land, andtoberefnonjible to hi s Super sour stn cafe ofmaleverfatton ; not to rulefolely , but wsth the confent and Counsel of Presbyters'!] Anfw. By this Tyranny in the Church 5 all may fee what prejudice dothdayly come to Chrift's King- dome , and to precious fouls , who will but open their eyes. By what authority should any clame that power of infpeftion over others, and that in a moft unreafonable bounds ? Is the power of the prefent Lordly Lord Prelates^ paternal \ Sure they muft be ftep Fathers then , and that of the crueleft kinde ? Have not the prefent Lordly Prelats , as much dominative and Lordly power, as ever they had in Scotland * And do they not rule and domineer in the Church after their owne arbitrement ? Who is to controle them , unlefle the good King but a gentle curb in fome of their jawes^ to make way for greater rage and Tyranny?- What afts ot the Church are thefe which regulate them > Be - like the lawes & ails which their owne tufts make , within their owne breafts ; for they are the Church, the holy Clergy, and who but they i Who are over them as Superiours ? Sure none but the King, in their account- and to him muft they be refponfible; and if they forget not the Court -art, but la- boure to keep fome chief courtiers on their fide , they know all will be well, and they will hear no rebukes , but well donegoodand faithful Servant ; but no Church judicatory is over them. But Zion's King is above them and their Supe- riouralfo, and ftp will call them to an account for their ulur- parion and Tyranny. He tells us, they rule with the con- fent and Counfel of Presbyters ; but when \ And where? And how i What? Will they walkc by the confent and Counfel of the weakeft and moft ignorant of Prcsby: ;eft in their prudentials, Youngcft , raweftj and molt Ee 4 ■» 440 Animadverfions upon the Cap. XXI 1 unexperienced ftirplings > Sure they being men of greateft J gifts, learning and knowledge , the wifeft , and molt noted for prudence, Menfulleftoiyeers, whofe judgment is con- folid.ted and ripened for government, will think it below them to rule with the content and courifel of thofe ; And ex- perience doth prove it. §. This noble difputant will come in the following words Pag. 7, and prove thej/^ divmu?n of prelacy , not only againli us, who hold it to be jure Anttchritlt ; but againft King, Parliamentandallthe Malignant cabal , whoholdit only lure Carol* : But the man's judgment is fo confolidated , and he is fo well read in his prudentials, that he muft draw bridle, andfpeakfpareingly , and only whifper out what he "would faine be at , and fay. [Can this way be difreluhed by fober Cht titans , being f$ ftrongly pleaded by the light of found reafin/^ Nay rather, by the light of ambition, vanity, vaine glory, Jove of money , luxury , covetoufneffe , Jove of this prefenc world more then the love of God, and the edification of his Church ; As all who are not fworne (laves to the perjured prelates will confidently averre fub rofa. [Making ft much (fayes he) for theccmeltnejfe and order of Qhrtffs Church.'] Rather fo much for the deformity, confufionanddeftruflionof the Church, andof all true Church-order, as not only all who have eyes in their heads will grant , but the prefent frutes and effefts cry out to all the world. [Being (he addethj/o futeable tnd correspondent to the anctent government of the Church of Ifrael wherein there were Pr/efts , and chief Pnefts , and federal ranges cf Mintfters , an order whsch was neither typical nor temporal ; but hath aftandwg reafin reaching *#.] O fo bravely as this advocat pleads for the Pope ! Juth he gote the promife of a Cardinal's cap for his pajnes ? Becaufe there was one high Prieft o- ver all the Church, muft we have alfo one Pope ? Good Mafter Prelate prove your confequence, for we feenofuch ftanding reafon reaching us, as to this; nor as to what you j would conclude , the cafe being the fame. [Being (fayes he) (q to forme to the beginnings of Chrifr's ordering the New Tefta- raent Mimftry> where there were Apoftles abwe the feventy dtfciples. ] Nay rather fo coafprme to Antichrift's ordering of his Churcb Surveyed Preface. 441 Church -, for, as the feventy Difciples were to be no Handing Officers in Chaff s houfe , fo the Apoft/es had no fuperiority ofordercr jurifdiction over them, they were intruded with no inflection over thefe. Let our Matter Bishope with all his gifts, learning, and knowledge shew this if he can? Being (fayes he further) fo agrcable to the A fogies eonftttutton of the go- vernment of the Churches of the New Testament , which was tn an imparity of power tn Mtntfters , as is luculently exemplified tn the power of Timothy, and TitUS, who were no Evangel* ft /, nor ever accounted fo by the fptnt cf God.] It feemeth then Paul was not a&ed by the fpirit of God , when he faid to Timothy i Ttm.+.j. dothew.rk^cf an Euangebfl \ and fince all the proof which he can bring of this , is this example of Ttmcthy and Titus, let hisconfolidatedand ripened judgment, taking to help , the greateft of his gifts, learning and knowledge , anfwere what Frmne hath faid in hisUnbishoping of Timothy and Titus : and let him not thus ftope our mouth with his raw and blunt aflertions, left wife men think he hath neither gifts , learn- ing, knowledge, prudence, nor judgment, butararifyed windy braine, fwelled to a great bulk with vanity and conceite , as who but he , who can confute all books how ful focver of unanfvverable reafons , with his bare / fay otherwtfe. [ And finally , ( layes he ) cur,^af~ tended glcrtovs Saviour having honoured per fens with that pre- cedency by letters , written by his ftcretary Iohn unto them Revel iya/ until this lap age, wherein , through hatred of corruptions adhere ing thereto under popery , and becaufe cf the enmity of the Popish Bishops to the reformation , feme have utterly without any reafon rejected the office it felf] O irrefragable diftator! Extnpode he diktats like another uncontrollable Ma- iler. What better is this out of your Mouth , then it was out of old Bishop Hall's the Remonftrator, and confuted by Smeclymr/uwtis this man able to anfwere al which Dlondel hath faid agai nil this, or learned c alder-wood in his Altar. Damafc. oryettoanfwer what his dearer friend Stillingfleet hath faid to this purpofe , in this iremcum ? Why hath he not once noticed that which the author ofApologetical Relation hath faid Seft. i. Where he shewed out of Kiftory and by reafon, that Palladia was the firft prelate that ever Scotland faw \ And this folifidian giveth us ncn caufam pro caufa , when he fayes that it was only the corruptions of the Prelates, that made fome without reafon rejeft them , whereas it was their want of an inftitution of Chrift, that made all, with the irre- > fragability of reafon, rejeft them as no officers of Chrift:! And' Surveyer s Frerace. 443 jid we shall willingly conclude this with his words follow- ig [Who can thinks that a Chrifttan People will not read yly folio* the 7,rflet>s of the flocks tn former generations.'] Provideing he will jflFLjr US to adde this [In fofar, and fo long, and followed his institutions.'] 6. Then rag. 8. He fayes it is not [his intention Either to roveck^any feartrs of God y who have been perhaps > tn anhoure of tntation, mifcarryed to irregular courfes, following too readyly, in the mpltctty of their hearts , cunning leaders ', who have had too much do<- vtntcn over their fair h ; theft ve judge worthy of greatest tender r. tfjc n dealing with them.] But who are thole? Sure> by the rarriage of the prefent powers > enraged and animated by the >ertidious Prelates , we heare of none who meet with any enderneffe, though he judge them worthy of greateftten- lernefle, And what are thefe irregular courfes i Is it an rregular courfe to refufe to run with this perjured Prelate & lis fraternity, to the fame exceffe of apoftafy, and as far rom their fworne allegiance to God , as his debauched ronfeience hath carryed him l What was that tentation vhich made them ftand faft ? He knowes better what ten- ations (and whether they lafted for a day or foranhoure ) hey were ? which drew him off; furethey had none fuch omove them to ftand faft, but the fear of God (which he hokeoff) made them mindeful of their Covenants. What .re thefe cunning leaders which he fayes had dominion over heir faith ; They follow no leader but their Mafter chuft. Butbecaufe he hath hung his faith at the King's girdle? and lath no other principles to walk by , he fuppofes all others obcofhisftamp, and muft needs hang on fome body : But ie will tinde them to be perfons of confeience 5 and not io eady to follow any man in the fimplicity of their hearts , s he fuppofeth. Then being in a good mood he lets out a lash of hope 3 faying [Xcrare ve without hope that God who tills the noifc of the feas , &c. Pfal. 65 : ver. 7. wM'mtmm tl ay thi ir ammojittes , and rebuff the ftormj wtnde and fas cftl.nr KtJJIons , tiac the y may ie f/tll , ar:d that ie will bring them to corjt- ict their w.t rem they have exceeded, and give them to \nov hpw til and bitter a thing it is to for fake their ownc mercies > in the 44+ Animadverfions upon the Cap. XXL the ordinances of God , for the want or having of this or 1 1; At forme oj external government.'] Now we fee that the tender mercyes of the wicked are cruel, when we lee the tendency of the beft of the wishes and hopes of this Man, when he is in his beftmood. But we are confident, his hopes shall perish, \ as doth the hope of the Hypocrite, becaufe it is not botto- med on faith , and he hath no ground to beleeve that fuch as i | have hitherto keept themfelves pure, shall at length turnc in with them to the fwineish pudle. We beleeve That that Cod who ft/Us the notfe of the feat , the n:ife of the naves, and the tx~ mult of the People , shall in due time make this true of them , when he shall shew himfelf the hearer of prayers , and when he shall have purged away our tranfgrelfions , and shall fatis- fy us with the goodnefle of his houfe, and even of his holy temple, and fo prove himfelf to be the God of ourSaU vation PfaL ty-ver.z, 3,4, 5. VVehope alfo he shall bring us to confider thefe wayes, wherein indeed we have ex- ceeded . and make us know how ill and bitter a thing it is to forfake our owne Mercyes, in not adhereing to all the or- dinances of God, fo faithfully , as we vowed in our Cove- nants to do , even to that external forme of government,* which Chrift hath inftituted , and hath fo fignally owned as his ordinance , by his rich bleiling following thereupon amongft us , whatever this indifferent-laodicean-latitudi narian think of the matter. 7, To whom then would this Man reach a blow [Thej weaimeat ( fayes he ) in this parallel with Anabaptifts, are th Naphtalian party , i e. the furious fort of thefe who under the con duct of this teacher and his Itke , ma^e fort of rebellions murthers , affaffinations!] Now the man is in his element , dipping his pen in gall, and fpewing out the venome of his heart againft the zealous maintained oftheinterefts of Chrift; & therefore his tongue is ready to utter his mifchievous calumnies , and his anile rhetorick floweth over all its banks: for (fayes he) they 2TC[a fur tons fort that ma]^e fport cf rebellions murders affaflind* uons (vve know what this aimes at ; but he might fay woe' ts ill company ) that they have hardned and harnejjed their heart (O- rare rhetorick ! ) {as appears by their minings and deeds') that they Surveyer's Preface. 44 ^ \i4ve beccme flout tn a dtddtnt greedtntffe (O foaring elequence ! ) to commit any vtckedr>eflt> wktch they account meet to ferve thevr itfigne , as if their Juppojt dgocd caufe could legitimate the wcrft i cur ft Call which he muft continue with lies, and fay) whomakeno reckonings as their Doclor Ure proj r\fitth , of overturning thrones, of makjng thi land drunks viththcbUod of the inhabitants , multiplying vatherltf]t andntdoves m themtdft then of and mtroducetng greatest onfitCionandcaUmtas (becauleforfooththey would have the Dider whichChrift harh eftablished in hisChurch introduced, and Antichriftianconfufion, with all the calamities thatat- :end it and fupport it, ejected and extirpated ) that may make til faces gather blac^nc/fe , and all to (mite on the thigh , ct) tng alxt rortheday.] ( No : he needs not fearc that any face should father blackneiTe> or that any should have caufe to cry al^for 'he day , but the curfed crue ofapoftat perjured prelats , with heir underlingsjupporters and adherents.) Then he proceeds ike himfelf [Iff* be ( fayes he ) they may upon the rums of all , reel the id A of pretended panty of Mtntfters , which whin they ir.ave etup, the tmperjous agitators will ( as j hey have dire formerly ) '^j if any efjtr be , to level them to othtrs: and howfeever the ■eal^er brethren muft be tnterteaned with f aire words andnoddtfed \tth notional dtfputs anenttl.etr parity with the be ft > tl.a; they may hsnl^ themfelves fome wbat \ let how dtfdatr.jully was tt , and et would be fatten , // tkefe low sl.rubs shtuld afjay a fraflicall duty with the tali ad an tn the government of affaires. ] We fee it what this wormwood manaimeth : It is a wonder what >eacehehathnow, feing he looketh on himfelf as Lord prc- ate , as well as the beft , that he is not advanced to be a nemberofCouncel and Lord of the Scffion with others. Ic eemeth he is content now to be nodditied with a notional hi put anent his parity, feing he hath gotten the fat portion he giped for, the only defireable thing, vie his bishopric k. I c ike the thing that moveth his fplene now to write thus, is be- :auiehis yionda brethren baffled him down among the weak, md did not fo intruft him as they did that Arch - deceiver , his ate companion in fear and perplexity : And fo it v eeiDi heis onlygrievcd, that he had not an equal hand with :hat Arch-traitour i^rr/r, in cutcirg his Mothers throat: O ftrangef 446 Animadvcrfions upon the Cap. XXI. (trance ' But, to his forrow let him know, God will take ?he defire for the dead. Then he clofeth that paragraph with a quirck , faying , Hmar,ty ™thJ" ™h'Mi'"[t "'jV '** v„b,t, Ldthere,so»rcba„gea»J great defects, andfttrely, that whichhathbeen, will be, & there is no new thing under the Sun,] And fo may the Pope fay, There was an imparity among the Apoftles , ( for Peter and fome others were pillars > without a title, but now it is with a title : Is not this well pleaded O Prelatical Advocat > Eut whence is your title % Prelate ". Or who gave you that name ? The l{,ng your: God Father ? Well , then by that right you muft enjoy it , but whence cometh the blefling and ratification > Isot horn above, but from • He hath **&*?*£§** chance : but that poffibly he will account no great detection, li>. that.bywhichhe from Mr Presbyter, wherein he was in nogreataccount, yet noddyfied by fome "™™\^!* Prelate ; And now laboureth to nodd.fy all into a content & congratulatory acquiefcence in his advancement and depu- ty. Butc,,vicomethto tell us, that f^h^'c^h Lrvilbe; andfo, as formerly perjured and abjured P relates, have been caft out of Church and Commonwealth with; ab- homination, they shall be yet againe caft out w£& more abhorrence then ever . Bill. The Lord haften it m his °7. Then he tels us V*g. 9 . \jhat tbn fuuons &$*&& inuMthtUW the Apology, mother hfvaum <*'&£"'*? ( belike) byoL a.dtbefaiecock.atnce; ^f^f^'Cy rcbdinn to deb tbefrft d,d t»fi,gate , and tr^mtngt ""''J** let them vbowtll not shut tberr ovneeyes , fee tbemyjte y / fi A uftuaUonfufton .cr^g *»d freadtng^ This ™n l«eaiur«n olhersbyhisownefoot,thUingthatthelaboureso^ forthejuftifying 0f the people of God, in defc^g^ felves againft not only invenomed P™«ples, but djo mv^ med pr&ices, of fuch as look ratherlike cockatrices then any other thing , being good for nothing but to deftioy , to m invenomed eggs hatched by cockatrices , ^ufc h« W phlet hatched by a cock -prelate , hath «n*c£^ venome of fuchkn egge in it. The ^olog, didxnftigatcto Surveyers Preface. 447 no rebellion i Nor doth Napht. juftify any action truely fo chargeable: As hath been shewed. But his egg (now fufficiently crushed , and put beyond the hazzard of endan- gering any who are wife & rational) if brought to perfection, had brocken forth into a cockatrice, and had endangered King and Kingdomes, and all Commonwealths : And be- cause it was full of this venome , should be condemned to the lire, by all who love their owne welfare and the welfare of Societies , and of the Church of God. But how can any fee here the myfterie of Anabaptiflical confufion working > [For (addeth he) although the author pretendeth highly for presbytery* ivhtchheand his comflices [haukj of the right nejl) have longagot hewed downe in this Church, as to the trad ice of it.] We know what this lying calumniator meaneth , and thefe with whom, unworthily, he was fometimes reckoned (being as is now apparent, a bird of another neft^ who have found grace to be feithfal hithertil , will now acknowledge ( I fuppoie) thac fuchaswereoppofitetothemin that debate, did ftrengthen and fortify the pillars of presbyterian government. [ ret (fayeshe) evident it is that his pretences fir presbytery 3 are but prefaces to fo me further great defigne of miclief to C hurchand Sta/c.] To w horn is this evident ? Sure, I think, to none but to him- felf& his complices , whofe plague is (and as yet but in part) to be in fear where no fear is : How can he make this out (fayeshe) having fcld htmfclf to verity con ft fan ($ ubellton , hi goer about to overthrow all powers crdatned of Cod, in a mof cj - clcptcl^ boldnejje display tug a banner again ft all tnvefed lav - fully with any degree of civil cr Ch/nch - power. ] This author is like the Tinkers dog , which ( according to cur countrey proverb) would gladly be among good company. Hefoifts in his Antichriftian ufurped tyrannical power and dominion over the Church , among the lawful powers ordained of God. But when he fayes that XapUalt difplayeth a banner againft the powers ordained of God , he but shewcth his cyclopick boldneflTe in averring untruths , or his aftrangement to cyclo- pedeja, in drawing Rich inferences ; but both futcable to that execrated order ofabjured Pre.'acy , in which theie ufeth to be but few either civil or learned , as this day putteth be yonde 448 Animadverfions upon the Cap. XXI. Jond debate. Then he would make us beleeve that | The Author doth not behave himfelflike Naphtaly* thehindelet loofe which givcth goodly Words, &c. Genef.4.9: ver. n. JDeut. 33: ver. 13. But as m hit heart there are evil treafures of Twtckednefie , fo in his lips and fen there ps a vurntngfjre , he ftnves to erflame all with the rage of hss tongue , and runs upon all forts of authorities , from the ktgheft to the loweft > Uke >a favage Beaft or yrtldeBeare, let loo ft to wafte and confound mifer ably both the vifible I\ingdome cf Chrift in the Land, and the civil IQngdome thereof ftU d upon the be ft foundations. ] The Book anfwered its name : for i: was a htnde let loofe and gave goodly words* for God , his Gaufe , and People ; and it is not to give goodly words , to flatter Princes or Prelates, howbeit he who judgeth like a fenfoalift would account fuch, words ofgoodlmeffe, fatmeffeand plcaftntnefie. Nafhtaly was fat u fed with favour , and full of the blcffingcfthe Lord : And fo was this book though condemned to a fire, by fuch as would care little to caft the Bible into a fire too : But their favour or bleiling it never expefted. And when he fayes that in the Author's heart , there were evil treafures,- & c. He ftill meafureth others by himfelf. Nafhtaly runeth not upon all forts of authorities or any fort of authori- tiesti uely fo called : He was fo farr from wafting and con* founding the vifible Kingdome ofChriftin the Land that he was pleading for the fame againft all adverfaries, and defend- ing it, efpecially from thefe favage Beafts and Bears > who have already laid it wafte and defolate ; and if the Lord prevent it not , shall make it the vifible Kingdome of Antichrift. He wasfo far from troubling the civil King- dome fetled upon the beft foundations > that it was that , at yvhich he was driveing , to have the Kingdome fetied upon its old , fure , and beft bafts , the Covenants , and Religion reformed in worshipe do&rine difcipline and government. Thenhemuft tell us that the book wants nothing of the compleatnefle of an infamous lybel, and why i Becaufe [// fals upon particular Per fons by name, to afperfe their credit > the conftant integrity ofwhofe convex fat ion will eaftly Flop his foule lying mouth* in the Conferences cf God's people who know themJ\ If thefe per fons get no other Orator to fet forth their praifes 3 then this man (vrhe Surveyer's Preface, 44.9 ( who is a black raven of the fame neft. ) I feare their con- version shall never flop all mens mouthes. For my part I shall, and I fuppofe that author will be content, toreferre the determination of this , to the confeiences of all God's people who know them : And let fuch judge whether they be men of integrity, or men of conftant integrity : we could tell ftoryes of fome, but we shall for beare; it may be a volum will be madeof their prophane practices , when fuch as kno w them beft , and obferve their wayes, shall help us to a legend or their wayes & cotlrfes : And when the world feeth this , 1 1 will judge of the integrity of their conyerfation:but enough of this trash here. 9. In the following paragraph, beginning P.ig. \o> he is at fome demurre, not knowing well what courfe to take with that b:ok, which this true Crettan ciMzth a bundle of im- pudent lyes And falsboods , grofit J landers dndrez>;leings , not one of which hath he as yet difcovered . Btit where lay the difficulty ? „[Upon the one hand (fiyei he) it was thought ,, bed to negleft the rage of this man (if one that hath fo much „renunced humanity, as he is here feen to do , maybefo ,, tearmed) left by'being noticed he might think himfelf fome „ what.] A very hard cenfure , to make a fuppofition , if one who fpeaketh with fo much weight of reafon, astranf- cendeth the reach of this animal , may be tearmed a man , If the fuppofer were not known", to be no acute judge, being dmmal .tmph$bion btpes a double face'd gentle man, who hath turned his coat & his tongue too. But why would he grudge poor NdptttJQ this ? Or doth he think that his taking notice of him , will make him efteem the more highly of himfelf? Not one white: a ftout man will never think himfelf the more valient, that a foolish child* fet upon him with a ftraw. Was no other reafon { ,, Kfpeciilly jjsftslk) left F I (who as t ordinarily opinionated) might have 5, too much rrurter to feed their humou; . their »> light difcoUrfes, &• to enfn re their fouls, by representing » to them the matters of this libel ( worthy to be buried in » oblivion ) they being too apt (whatc be be »aJJed)to receive the poifon without the antidote according to 450 Animadverfionsupon the Cap.XXI, , • to their prejudices.] This was a good confederation , and if the Man had been as tender as he pretendeth to be, lies hould not have digged up what deferved to beburied,cfpecially fince he might have known he was not able to prepare aiufficient antidote : But thought he that his filence would have hin- dered any to have pondered that book ? I beleeve indeed his filence had done more good to the King andhiscaufe, then all his hote work is like to do ; and he hath done more to infnare fouls ( ifitbetoinfnare them ) then Naphtaly did , I do not meane by reprefenting fome other things to the con-^ federation of people; but by his adding fo weak and incon- fiderable a salvo, that he fixed what Naphtaly faid more deeply in their hearts > if judicious Readers did not account it unanfvverable before they did fee his weak & non-anfwere- ing Reply. What further , 5, [ It feemed alfo ( fayes he ) y a matter full of tedioufnefle to a well compofed heart , to „ enter into a fire of endlefle ftrife and continual reciproca- ,> tion of altercations , wherein a Man is not likely to finde 3, more truth then he hath already (truth in the moft impor- 3, tant matters in the book having been of old fully vindicated „ by learned hands, and nothing now oppofed, but old fongs 5, chanted over and over againe ) although like enough to „ lofemuch of that charity andcalmeand compofed temper 3, of heart which he had before. ] Then it feemeth his heart was not a well compofed heart ; for it did not feem tedious unto him > to enter into this fire of endieffe ftrife and conti- nual reciprocation of altercation , and to fpend fo much time j and paper , and paines in vaine : And we muft pit/ his cafe now 3 who hath loft much of that charity and calme and compofed temper of heart, which he had formerly, Sed qat nthtl habet y mhti ' amttttt , a little ftok IS foon wafted . By whom to this day was £**/?£* anfwered? And doth not himfelf fay that Naphtaly outftripes his Matters ? even as to the moft important matters of the bookf How is it then that he fayes there is nothing but old fongs chanted over and over againe i This Man \&ffufimA$si\ As yet as inconfiftent with himfelf in his words? as in his walk. Eut feing he had the helpoffo many old Vindicators, hovYCQmesitthathehathji,! Sufveyer's Preface. ,}j i ailed his part Co childishly, and vindicated the King's caufe worfe then any Man that ever put pen to paper; as is shewed? Why did not this pigmay fet himfelf upon their shoulders that he might have feemed fomething f What was there more on this hand 1 [,, What Man is he {fajes ht ) that „ knowing how much more important work he hath upon 3, his hand for his owne falvation , and honouring God in his „ ftation in the World , would willingly engadge in endlefle 33 contefts with perfons, whofe idlenefle gives them too great 3, opportunity of evil doing, and who having caft by the '„ Lord's work in building his Church, are too much let to „ do Satan's work in diilipating the fame.] Then this Man thinketh it is inconfiltent with one to minde the work of his owne falvation , and to defend the King's caule, which is very true. Let the King and his party notice this. But it is ftrange , that feing he thought the work of his oppofers Satan's , he should not think it incumbent to a tender foul , to do what he can to deftroy the works of the Devil : we fee alfo that the love of money is the root of all evil , and hath caufed him run greedily after the error of Balaam for reward, fortopurchafethehire, he hath caft by the important work of his falvation, and laid afide the honouring of God in his ftation. This is the Man's conftant integrity* Asforthofe Men whofe idlenefle he talkes of, if he meane Miniftersj he knowethwho hindereth them from doing the work of the Lord in building his Church , and they will anfvvere for it , and he alfo for his share in that , and for this work of Satan which a little money hath prompted him to: and when they are v vreftling and pleading for Zion and the caule of her King, God will not account them tdU nor ev$l doers nor ferrers ufofSatansvQfkj: What further ! ,, [ It feemed honourable , enough ftyts he ) to decline this contention and ftri „ which is like the letting out ofwatters, in expectation 3, that either the Mans conscience ( it it be not infinitlycor- 3,rupted) may confute him in moft of his aflertions > and 5, (landers, or that his manifeft unchrillian dealing, may >, help to open the eyes of fuch as he labours to delude i, bring them to abhorre his ways or that the really Religious If i and 45 *< Animadverfions upon the Cap. XX, „and righteous dealings of Church and State, may more 3, forcibly put him to filence then words or writings can .] U had been indeed more advantagious to the King's caufe , ( and lefte dishonourable to himfelf ) to have been filent, then thus to have letten out waters to the King's great pre- judice , and his ovvne difcredit. If he had any expe&ation that the Man's confeience would have confuted him in moft of his aflertions , why did he hinder that work,by confirming him in the truth of his aflertions by his weak and foolish re- ply es ? Frtftat ot'tan cjtia.m mhii agere\ and why did he not more manfully difcover thefe unchriftian dealings , the better to undeceive fuch as he fuppofeth were deluded i What are thefe manifeft unchriftian dealings of his \ Sure the event hath and shall furder , we hope ; declare that his owne deal- ing hath been much more manifeftly unchriftian, by labouring to blinde the eyes of fuchas favv before . But I fuppofe he may talke at leafure of his profelyts* When the really religious and righteous dealings of Church and State shall forcibly confute what is there faid, we know not. Sure, when ever their actions become really Religious , and righ- teous, they will condemne his pamphlet to the fire, and himfelf to the correction - houfe, and approve of all which is faid in Nafhtaly, „[ Sometimes (fayeshe) keeping filence 3, is feafonable , the Man according to God's owne heart 5) would notfuffer shtrntis revileings to be repayed upon the 3, head of that dead dog ; //^^/^difcharged to anfwere a 3> word tc railing Rabsha^eh \ lenrmah the Prophet , contra- „ difted by the falfe Prophet Hanamah^tnt his way and faid 5, nothing: The wife Solomon forbids to take heed to all „ words, that are fpoken , andtoanfwera fool according to 3, to his folly ; The Lord of Kings and Prophets fomctimes 3,anfvvered not his accufers a word. ) True , fometimes filence is not only feafonable but profitable; and fo would the Kings caufe have found it now : and by hisanfwering: notwithstanding of what he here fayes, it would feemthat Na\htal) is no Sktmci, Rabskakth> hanantah, nor fool, norai enemy to Chrift . Or that the King is not like the Man ac cording to God's heart , ncr like ^oodHe^i^h: Nor isthi: Pam Surveyed Preface. 443 Pamphleter like leremtah , nor hath followed either SoUmon'* advice, or cW${i*s example. ButI fee not why both may noc be true. Yet furdcr : „ [ So it feemed fit to let alone an infolent „ and froward railer and mocker , and not to lavifsh out pre- vious time, whicji might be better bellowed , upon one :, that gives fuch yiiible evidences both of a reafonlefTe and ,,unchnftian Spirit, whofe libel may be reckoned amongft ,, the things, qHtfpretaexolefcnnt, and worthy to be aniwered 5, with nothing butfience & contempt ;] Then it feemeth he ex - pecteth a reward alfo from the Author oiNapktalj, for lavish- ing out fo much of his precious time to keep i/i memory fuch a book, which if he had miskend , would have dyed out of minde , and which he hath honoured with another anfwere theniilence; but all the reward he can expeft will be but par part referre , payment without putting any thing in his purfe , and yet a payment in his owne coine. Then, to him it is a lavishing of precious time to maintaine the King's caufe: it feemeth alio that he hath lavished out much time upon it , and what will not money do? The grcdy gapeing after which , will make a Man , not only lavish out precious timeneedlcfly, Butalib put honour and refpect on what he accounteth worthy of contempt. 10. Let us fee what did preponderat and bring this tofled Mantoarirmercfolution, and determine him to bring this brace to light, this product of his ill compofed heart, and not well tempered braine . ,, [ Upon the other hand | [ayes ,, he] it feemed fomething hard(efpecially in fuch a diftemper- o ed time ) to fuffer an infolent perfon, in whole mouth is a ,, rode or pride, to caft the truth downe to the ground, ,, without control , and to tread upon, and triumph over a ,, holy and righteous caufe , and upon honourable perfons of 3, all ranks, engaged in the maintainai.ee thereof in foabu- ,,fivc, defpkeful and intolerable a way , and not give him j, any check. Not to put fomc (top to this fufiousdi „who againe and againe aflaqlcs this Church wit:. „and reproaches, looked like the j and dell »of an honeft and honourable caufe, or like eh* „ feeing the Wolfe, and lying thefl ock tobe Fr 5 „ deftre- 454 Animadvecfions upon the Cap. XXL 3, deftroyed with delufion , fugtfltqusatacmsli. There is an „ evil filence that leaves Men in (in , as well as anevil fpeak- 5, ing that leads Men to fin y and we are not only to give an , , account fro ortofo verbo , but fro oriofofilentio , for idle filence \ 3, when God , and the publick neceility of the Church , or 33 Society whereof wc arc members , Calleth for a valiant 3, ( not brutishly violent and forcible way , fuch as this 3, mans pleads for ) and rational contending for the truth. 33 It is finful pufillanimity , and not warrantable prudence to 3, fee truth fall in the ftrects and not lift it up. And verily 3> this man feems to be amongft thefe of Whom Solomon [ayes 33 Pro v. 1 6 : v. 5 . who mufl be anfwercd left hefeem vtfe in his owne 3>ecnceste, and to be amongft thefe, 7/m:zmo,u. unruly and 3, vatne tailors and deceivers, whofe months muff be flop fed that the 33 gangrene of his words may not creep further to the con- 33 fumption & fubverfion of Church & State. ] Faire words 4dfac$endum pofulum,quiJi decift vultydectf'tatur. But he hath this difadvantagejthat few that know him will beleeve3that thefe or any of thefe are the true caufe of this undertaking : I ut that rather vvhich he thought good to conceale > *>?, Tr:e Three hundereth pound fterling brought to him by the gre- ater rogue & the better rewarded, U\ shdrpe deceiver at that like : for if thefe things here mentioned had been his end , and motive > why was he feared that this should have wronged a well compofed heart, and Should not have been a honouring of God in his ftation , butaneedleflelavishingout of precious time , which might be better befto wed ? "Kay there was reafon for all this j for whether he fawitornot , he ( who together with his complices diftempered thetimes and all things ) in whofe mouth there being a rode of pride , did infolently caft the truth downe to the ground , as they could 3 and endeavoured to tread upon and triumph over a holy righteous caufe, and allthemaintainers thereof, in an abufive3 defpiteful , and intolerable way 3 'and laboured to lift up an exploded , depifed and curfed falshood, once de- throned with shoutings and great exclamations of joy (but we have leen his horns have been but short ) He is truely (as the fober will judge) the furious driver whoagaineand a^aine 1 Surveyer's Preface. 25 5 a*aine doth aflault the true Church and caufeofGod with 1/es and reproaches. He (whether he had medled with this vork or not )& the reft with their underlings, are the true hire- lngs & wolves, deftroying the flock of God : & in this work, tiough there be not otiofHrnfilenttHm, there are cttofa verba and vjoJxC; prttereanrhil, andanunvaliant, impudent, affronted peadingfor untruth, tyranny and vvickeanefie, which is neither a produd of prudence, nor magnanimity. And v/hen he hath cited mv. 16:5. and 77/. 1: 10,11. he hath adduced his owns Doom, and accordingly he isanfwered, acd his mouth ( let it be as wide as it will ) gaged and flopped, not with butter ( which is unfit to ftoppe abreathing mxith) but with more folid fluff, fo that we are confident the gangraene of his words shall not creep far , nor infeft fuchas are cleane \ and as forfuch as are uncleane , they owe their infection to fome other , not fo innocent in vvk and parts as he is. 11. Now the dye being call, and he refolved to fay fomething, he is as much perplexed anent the way of handling this bufincfle. Yea he fayes , [ „ There is a greater difficulty 9, in dealing with this Man of no forehead Cor if he have any, *, it is of the hardeil mettal) of little confcicnce, but of infinite ,, loquacity , and of a inoft unbridledtongue, which is a trea- , > fure of all revileing language. ] Yet he finds him and will poilibly ycc more finde nim , a man whofe fore- head is of harder mettal, (though not in impudency & shamelefTe audacity) then he is able to Hand againft j and a manof more confcience then to contradict himfelf either in words or deeds, (as this vmnmnu6<> a man of a debauched confcience, doth; a man not of infinite loquacity or of an unbridled tongue , who repeateth not the fame thing over and over againe ad wmjj&m nsque nor one who fpeaketh non- fenfe at ran dome (as this poor pamphleter doth ) but a man of more folidreafon, and nervous fucciiicl expreilions , then he was able to comprehend • And who fo shall compare the two together shall finde he hath put the fiddle on the vvron<* horfe. But where did the difficulty lye ? [„ The great Jit- ,jficultywas (fycsbc) how to moderate and tempei a 1I1L Ff'4 ,,'bf 4$6 Anrmadverfions upon the Cap.XIX. ?* of writing toward fuch an one^^V//* efi faryramnonfrthe „ contra fatyTH*n\ for hardly can a man meet in any book, vvih 3> more bitter' infectives againft all authorities and dignit.es i? appoynted and approven of God, then are here to be iourd; „ all that have gone that way before him, feem but Childien 5,invvickednefle, incomparifonofhim: hedefervestobdn 5> the firft claffe of thefe Jude v. 8. who defpife dominion aid 0>fpea^evtl of dignities.] Anfw. Naphtaly, it is true, is no blfe fycopharic nor flatterer ; nor is he, becaufe of free and faithful holding forth of the wicked andfinful carriage of thefe in authority, and of thefe who have ufurped authority, to be accounted a writcerof Satyrs or of inveftives, elfethepio- phets writtings shall notefcape thac sharpecenfure. Ncr is he upon this account to be reckoned among , far lefle to be put into, the firft clafTe of thefe who defpife dominium, &c. unlefle by this ignoramtt* who knoweth no medium betvvixc bafe flattering of dignities , and fpeaking evil of them . Yet in the following part of that Paragraph, he fayes he deferveth well, becaufe ot his plainnefle , though it be but his fancy to think that Either King or Nobles are in hazard tobedifpof- fefled by private peribns in a Phtne*t like Spirit K,yet he is truclyand efpeciaily afrayedof theminiftry ; and mainly of the Bishops, becaufe fuch ftrokes approach neare tohim- felf> and the burnt Childe feareth the fire , And his fear blindeth his eyes , fo that he cannot fee to read Naphtaly a right. Andlthinknoheroik perfon, will defire to imbrew their hands in their blood, who are far below the wrath ofa man , far more, the indignation of an Herbik perfon, though they shall never be found innocent, be purfued when they will. He but lyeth when he fayeth in the following Words [7 hat Naphtaly with his tragical oh's awa^eneth the rage if the rudtfl multitude [which lecais Zeal of God) to execute judgement in them , that the face anger of Gcd may he turned away.] Nor , doth he tell them if they do not fo they are plagued with ftupidity andbltr.dr.cfje . It is true which he layes that [All forts of Rulers in the land may fie their dittay and then doom dravne in that bookj'] But nootherwife then as the word of God giveth warxand, and there they would read it, and repent in time, left Surveyer's Preface. 457 left they finde ic verified. He is but like himfelfafalielyar when he fayes that Naphtaly [ Dificoveretb the malicious cruel and bloody defignes of his party. ] For they have no malicious cruel nor bloody defignes , their only defignes being to maintaine their integrity and their reformed Religion , which Enemies combined againft Chrift are feeking to deftroy. This man imagineth a ihare where there is none \ butfeethnotthefnare which Satan and his owne hands are letting for his foul, nei- ther will he and the reft take warning, though the word of the Lord do clearly difcover wrath and vengeance at hand , and whether then they be worthy of a faire hood and bells, Let any yudge: but fure I am, they shall one day fee their folly and madneffe, and write Abners Epitaph over themfelves. But we wish them rather repentance and to be wife intime, not againft their will, but willingly. 12. Andfurder ibid Pag. 13. he tells us [// were klfame and unfa cablet? one who dcfirtth to keep the cenfiant ccmpofure with fuch ftrengh of reafon as tranfcendeth this diftempered man's capacity to underftand, otherwife he had never made fuch a comparifon. Then he tells us that [a toothleffe defence miglx poffibly tend to harden him and his complices > and breed fufptcton of fome fignes of dtffidence , dtfttnB and timoroufneffe tn owntng of the caufe againfl htm.] i beleeve this defence hath as many teeth as he could put in it; but for all that, it can be called noth- ing elfe then a toothlefle defence , becaufe it is nothing but a bundle of sharp tooth'd words without any reafon; and be- caufe we fee now all that he and his party can fay , againft the truth which we maintained we are indeed thereby , the more confirmed therein \ and we do not fufpett him of dif- fidence, diftruftand timoroufnefle, that his caufe is not better defended, knowing how bold and audacious he is : but we know that an ill caufe cannot be well defended, though never man hath defended it worfe then he hath done, though better rewarded then many. 13. The good man turns Neptune at length faying, Sed motospr aflat amponere flu&ui ; and then fayes, [ // viil be fitter to confider what becomes us to utter then what he U worthy to hear. j] Then it feeraeth we should exfpeft a very calme fea ; but the ': waves of his paHions have not been fetled for all his Keptun- authority. [There lyes (fayes ht) a tent at ton m the fe name Itfie writ tings ( whtth therefore tt is to be wished , were not inufe) to exceed , in pajfions , and to utter words (incognito ) that will not be flood to. _ The iniquity of the times, and the rage of princes who vvil not hear the truth, isajuft caufe why fome should fpeakanc, write againft them incogwto, which likewife was the caufe moveing Eiuka to fufpende the fending of his free & faithful letter to khoramz bloody Tyrant, till after his own death ; but why this man should fend out a namelefle writting, none I can tell > unlefie becaufe either he was ashamed of the caufe, Surveyed Preface. 4 59 or of his weak managing of it ; or elfe becaufe he hatha minde to exceed in paliion , and non-fenfe, and none should know that it was A. H.P. O. whofpokefo. Buthetelsus that he hath net fo learned Ckrtfly as to render rtvttetng forrevtlang fyovtngindt mans wrath works not the righceouineffe oiGoU. The contrary whereof every reader of his pamphlet will fee, & therefore he doth well, to adde [feme tnrns ti h for peoples edt- ny to feethedxecharacltrscf fuch as lead them out cf the way. 1 vhy should he then be offended, if any should shew his iters, who is a manifeft perverter of the right way cs - Lord , and laboureth what he can to lead people out of the good old way, wherein our fathers and we have walked with peace comfort and joy ? Eut this is -vantage that he and his fraternity are already fo well 1 n, anc their characters fo legible , that few or none arc in great hazard to be led away with them. Then he tels us th.it [ ttmane infirmity termtts , tketiuthshallbrfearcLed ftp* to tn hvt'j alt bttfcrmffe> vrath^ anger & clamcrrr rrtth :>.] But lure we are then, his humane is very great and ftrong, which carryeth him to . 1 rather aftrr error , and to fpeak it in hatred • all birter- - ) wrath, anger, clamour, with all malice, being returned and that in their ftrength \ of which, then ccnfcience was in part convinced, when headdeth [Brntij thing (he should have laid a.'mojt every fling) MmUat C (he should have faid bitter and invective) do cfcafe \ or rather or choife be affirmed ) It W9i Icing ttfed tn any prtzsat caxfecr emanei , but tn the public^ concerns of truth , ( rather crrour ) of the church of (,cd , really of the coetus Malignantium , the apoftate crue of the popish prelatical and malignant fj~ ftion ) at.dof thsSate of the commonwealth ( rather agai::'. commonwealth, and for tyranny the bane of all com;: wealths ) mr proceeding from any private revenge ( if not from this , which many willdoubtof, yetcertancly Irom the love cf gold or Balaam's reward ) // will at leafl be exemfed I die sous ar.d nsfe.~] Sure weare , excufeit who will , teous judge will call him to an account for it, and i\ perfwaded that none either truely judicious or v. 460 Animadverfions upon the Cap. XXI, think him excufe worthy. t But to shew that he hath no pri- vat reveinge, he adder h in a parenthefis , [ That there ts room enough m kts fraternal affection for any who tviH leave their unchri^tan fangumary and inhumane vayes.] But his affe&ion is like the cievils, who would have all damned with himfelf; and we are fure come to his way who will,they shall leave theirChriftian peacable& humane wayes, and choife unchriftian, fanguina- ry, and inhumane vvayes. Then he falleth a wishing that his acute at faymgs may prick the libeller to repentance for thefe things. But he should know that charity beginneth at home , and he should rather wish that himfelf were brought to repentance for his shameful apoftafyand perjury, and his thus ftudy- ingtomaintaine a corrupt courfe, whereby he hath indeed expofed himfelf to shame , though the hardnelTe of his heart be fuch as that he kno weth not what it is to blush. 14. In his following difcourfe he laboureth to shew how palpably and clofeJy Naphtaly trades in the footfteps of the old Anabaptist , though [ He will not [ay that he and his complices are arrived to the oivneing ofths highefl my Genes of that feci tn the poynt of Enthufiafme, and Libertmifme , nor that they are fo cruel as to exclude Chrtftian tnfxnts from then birthright privilege of Bap- t*fme.] Yet he fayes [ // // worthy to be conddered how far the cjmmon demand of expiefie command or example m Scripture ft Epsfcopacy, may reach the Anabaptifts coxclufion concerning tnfants, J And fo with him , all who require either command or ex- ample for any new ordinance of Chriftfo alleged, muftbe' Anabaptifts. This man is of very lax principles certanely? and more then a latitudinarian , trm will not fuffer us to enquire after a command or example ofEptfcopacy , when he and his party alledge that it is an ordinance of Chrift : muft we take all things for ordinances of Chrift , which he and his old father the Pope of Rome fay are ordinances of Chrift i But why doth he call from us foranyexprefle command or ex- ample in Scripture for refiftence of Magiftrates ? : Doth not this alfo reach the Ana'oaptifrs conciufion i But his eye feeth not it felf. Fu: der he eels us That Naphtaly [ Doth let fall fuch tenets a* fmell too rankjy of the foul [cum of the high flown Anabapti- ftical and £nthu(iaftical vay> while he fayes , Pag. 21. &c* Hum ■ Surveyer's Preface* 461 That mttrpuvat men may now a dayes takj their impulfes cf Zeal , as a fufficient call to full dovne all Magistrates ft cm their ji*tg9 which they abufe j to execute judgment upon them , and to place tbcmfelves tn their roomes-l -But of" whit ipirit this man 5 who is of his father the devil who was a lyar from the beginning , is , we have feen ; And this particular will abundantly dilcover to fuch as look the place and confider what we have faid. And no better is the next particular which he citeth out of Vag.iz 5 . Where the author is oppofeing , that notion of an external call, not unto lawful ordination, which prefuppofeth it ; but unto fuch a mock ordination , whereby fuch are put into theminiftry, who have no vifible evidence of the call of Jefus Chrift , as in reafon or charity can oblige any to receive fuch as truely fent. Thereafter he draweth the parallel in five particulars. The rirft is this , That tie Anabaptifts laboured to overthrow Magistracy 3 and dtny them to have any power in Church matters. But can he , or dar he, fay that we do fo ? do we lay, with them , that theorTke of the Magiftrate is not ncceiury among Chriftians? Do we fay that Magiftracy is not the ordinance of God ? Do we fay that Kingly government is unlawful , as they faid, abufeing that place, i^;jw. S.-7- Do we fay thataChriftian may not exerce the office of a Magi- ftrate? Do we fay that a heathen may notbea Magiftrate ? Do we fay that an ungodly Magiftrate is no Magiftrate I Do we prefle that place Lul^.n. The Kjngs cf tie gentiles 3 £$c Any otherwayes then againft fupcriority among Church men/ With what face then can he draw a parallel here ? The next is 1 Ltt t of the mi- mliry declaiming moji lit.'tily again ft all w th.it jundion at Hi ihuves Wolves, (5c. But can he fay thatv\e cry dow miniftery , as no ordinance of Chnft , or as notneces can he fay that we aftiime an external call to the miniftery needlefle? Is it our work to exclude faithful mil theefteem of Gods people? How can tb< iip] alledge this of us { Be like bee aufc we cry out againft him andiiis fraternity and their rtftsUa, profane w iecond - order , as no lavviul miniiU: I perjured profane apoibtcs j oe> o: God to that I 46x Animadverfions upon the Cap. XXL (ftion , nor duely and orderly called of Man ? But in this he and his party come nearer to the Anabaptifls , then we, The. 3 . Is that they wort*, divrfion in the Church of God 5 and move people to for pike Church meetings , and to follow them in private conventicles ? But then it feemethall proteftants Who I prefle Papifts to forfake their Maffe Afjemblies and Maffe Prteftsy j and rather meet with the Orthodox and that in conventicles ) are Anabaptifls : And it feemeth this man would not prefle Heathens to leave their publick idol worshipe,and ferve God in fecret conventicles, fuch a publik and peacable Man is he , left he should be accounted an Anabapti(l. But wee fee no connexion betwixt our being Anabaptitls , and prefiing People to forfake Their aflemblies, and to hear the true and faithful fervants of Chrift in private , who cannot have liber- ty to preach in publick. The 4 is That they were above all men arrogant and proud , difptfers of fuch a* were not of then way , as being men without God in the world, reprobate and wicked denying to them even common civilities. But doth not he and his party , themoft proud and arrogant perfones imaginable, deal with us all, as cUxkifjnattckjkntpperdGltansI £JV. What is they. If hen any of theirs were punished for errors , fellony or rebellion , they cryed fkem up for mar tyres, and complained tragically that truth and godli- ntffe was opprtffed, and that men who would have all things done ac- cording to Gods Word were perfecuted ? But might not Heathens and Papifts have objected fo againft the true Chriftians and proteftants, who faid and did all this, when they were perfe- cuted, and fome of them murthered & maflacred ? And were, or are,all who call & account fuch as die for the Teftimony of 7efus,martyres perfecuted to the dezth^nabaptifcl feare that in fo faying he shall be found to befriend the An<*b*pti8t more then we defii e to do : If he hath no more to fay , He shall never make it appeare that either Naphtaly or the Apology , do approach unto the manners of that odious fe&, in any parti- cular peculiar to that Se& , or wherein that Seft deviateth from truth* Then he addeth Vag. 17. When the Spirit that (lirreth in thefe furious writtmgs , ( efpecialy in Naphtaly ) // confldered , how much tonf teflon may be feen to be pn tended t* Church and State , if hearts \ burveyer's Fretace. 463 Uarts be infected with the doflnnes therein held forth * By whom I pray, shall thefe evils be feen to be portended, by any thing that is faid in thefe vvrittings l Sure by no rational fober under - ftanding perfon , but only by fuch who confult the oracle at delphofy and minde their belly and worm-eaten carcafes, more then they confuk the oracle God and of found reaibn , and minde the reall good of either Church or State. For there are nodoftrines thereof any malignant quality , but all of them anti - Malignant , Solide , Plaine , Sure and immoveable truthes , having a direct tendency unto, and necc(Tary influence upon , the folide and fure efta- blishing of Church and State, uponarirme and lading ba- fis. And therefore , if it were right applyed , his following wish were good. Wc- That the Lord would give kit people fuch understanding , that they be net ignorant of the nsles of Satan , n ho drtvtrh a deeper defigne agajnfl tht spoor Church and Land , then the fubverficn of thu or that extersenr forme of Church government , For indeed the defigne that Satan hath now on foot, reacheth furder , even to the utter overturneing of all the precious interefts of Chrift in the L?nd ; of deitroymg not only the outward Libertyes and Privileges of the People, * hich have coftthem no 1 mall expenfe of blood; to the end they i be made perfect flaves \ But to the overturning of the whole work of God, of banishing the Gofpel , and of introduce- ing Atheifme and all fort of profanity and wickednefie, that we should no more become the People of the Lord, but a vifible Kingdome of Satan ; And all the People , Sub- jects, and Slaves to him. But we know what his meaning is, and therefore he addeth. The controversy Jtfts notmmat. tert touching a ttshope or a Presbytery: But W ha: thinks hcof this controveriy I He fayes, If mens paeons or prejudices might vnmit > // mt;\,t be , for the advantage cf the ffftel > veil confolidiUedby thisr mutual paying of due nfpecls one to another^ the Lptfcopal tntpcclson not ahr: gating , but ftrer.gthenmg the due right of presbyters , and presbyters not dtfpifeirg that Ian- full mfr: i iimng together in a lejndely mutuall afjijtcxcc , and an. :ion , for carrying on the real interests of c l.rtf/s Kjngdcme , without ' trnperwufnefli one tie cm fide . and vtthctit frovardh dtfor- ■ 464 Animadveriions upon the Cap. XXI deriyncff* on the other. Now he turneth a peace maker, and fuch a notable reconciler is he that he would caufe fire and water agree: But he hath fold his Zeal and Confcience , for, he knoweth, what. He hath forgote, that there isnocommu riion betwixt light and darknefle, nor betwixt Chrift and Pelial. But he muft know that we will neither pack nor peel with him > nor his accurfed fraternity, but will come out from among them, and be feparated from them, and touch none of their uncleane things,thatGod may receive us according to his promife , 2 Cor. 6\ ver. 17. If the Men of that accurfed Hierarchy were not led away with intolerable pailion &pre- judice, and afted by a fury of hell, to deftroy the gofpel, they would confolidate this controverfy by extirpating themfel- ves ; For as long as they {land in that accurfed order, they shall never carry on the real interefts of Chrifts Kingdome, but eflfcftually, fo farr as lyeth in them, deftroy the fame; (as former and dayly experience proveth ) what by their impe- rious antichriftian dominion, over the Church of God and the Officers thereof, which were ordained of Chrift; and what by their laying out of themfelves, according to their ufurped power and places, to deftroy & banish piety, know- ledge and the fear of G6d out pf the land, and to bring all the true feekers of God 'under the fame guilt of manifeft perjury andapoftafy with themfelves. If it were a lawful inflection , presbyters would neither defpife it , nor carry themfelves frowardly ordiforderly under it; but it being an unlawful do- minion , fo deftruftive to the Kingdome and interefts of our Lord Jefus Chrift j it can neither alone nor in conjun&ion with any other , promove the intcreft of Chrifts Kingdome, and therefore muft be abhorred as an antichriftian brate, and never fubmitted unto* But whether now doth the matter goe i The defgne ( fayes he ) thtJ libel runs upon is to open a gap to endleffe rebellions , under whatsoever church government \ And not only to bring all our Magt- f rats f rem thehtghef to thelovejl under dtf grace ^ which u the next Jlep todeftruclton^ and to make them a jacrifce to the fury of the vsckjd people. ) But to rume fQngly Authority and Magtftracy-i the ordainance ofGodi ] This is but a frequently renewed calum- ny I; Surveyor's Preface. 46^ ny we have oftentimes met with in his firftpart, and have shewed how groundlefle.it is, and therefore we need fay no more he; e. All who have not, with this Man, willing- ly shut their eyes , may fee That the defigne is only co pre- vent intolerable Tyranny, the ruine of humane Societyes and Kingdomes , and to keep the true Divine Authority which God hath cloathed his owne civil officers with, from con tempt anddifgrace, which Magiftiates degenerating into Tyrants expole themfelves unto, by char.geing the ordi- nance of God into the ordinance of Satan , and in itead of aft- ing and carrying as Minifters of God for the good of the People, walkandaftas Minifters of Satan, laying out them- felves to the utmoft f will finde him really a greater Enemy to the throne , then either Lex Rex the Jfology or yet Nafktalt were, or are. Seing they muft be greater Enemies to the real welbeingof Kings > and to the Eftablishing of thrones , who would have them fetled upon the alone balls of blood , tyranny, oppreilion, orproclaime an impunity unto Tyrants to do what chey wiil, whichis but to blow at a tire which burneth fail enough of it's own accord; then iuch as would have them fetled on equity and riehteouf- nefle and not fuffered to goe without their due bounds. There ts a great notje ( layes he ) ( // may be tt ts not caufelefic\ and ft were to be wished Rulers lool^ed to tt ) of the mcreafe of Popery . Doth he think there is a noife made about this matter , and a great noife, and chat without ground? Or can he arrive at no more certanety , but of a maybe that it is not caufelefs > Sure the Reprefentatives ( as he calleth them ) feveral yeers ago were beyond a maybe , that it was increafed above what ever it had been, either in the dayes of King lames , or of King Charles the firft : And hath their mock - aft never executed , affrighted it fo out of fight , that this Man who poffibly would be accounted no meane Father, and over feer in the Church, cannot perceive it, at leaft fo clearly, as pofitively , to fay that there is juft ground for that noife i But where dwelleth this Man i or what way doth he ftope his eares ? Is he one of thofe who fee and perceive not , who know j and yet carry as if they knew not ? What is he and his fra- ternity doing to day ? What are the men with the Epifcopal infpeftion doing 2 Are they fo occupyed in perfecuteing the truely godly, the faithful Minifters and People of the Land , and in ftirring up the Council to be more cruel then they are, and feverely to execute the unjuft and moft iniquous Lawes made to banish all piety and fearofGodoutof the Land, that they have no Leaiure to look about them to marke j whatPapifts, Seminary Priefts and Jefuits (who are fwarm- ] ning up and downe the Land) are doing ? When did He or They advife the Council to take fuch an effeftual courfe for j fupprelling mafle meetings, as they have done for fuppreffing j Surveyer's Preface. 467 of conventicles, or meetings of better reformed and foun- der Proteftants then ever he or they yyere ? Was there any mafle monger fined to this day > Yet we know chat precious & worthy Chriflians, have been rigidly &c inhumanely hand- led and mulcted, for hearingan honeftand worthy Minifterof the Golpel preaching the Gofpel in a privat place. Ay, but now he thinks , he hath exonered himielf , and difcharged a piece of duty both for himfelf and all his fraternity, by laying, // were to be wished Rulers looked to tt. And is this all the remedy he prefcribeth ? What will He do 8 May he not , dar he not , grieveor vex his Elder Brethren i What shall we then fay of his infpe&ion i Is it lawful , or is it of God , which is wholly imployed and exercifed in perfecuteing of theho- neft feekers of God's face , and countenanceth and encou- rageth Papifts < 2So certanely, That power whofe proper workis, to root out piety, ashaveingthat only incommif- fion, and which foftereth and incourageth profanity and I- dolatry, is a power of Satan , tending to advance his work and intereft in the Earth , and to eftablish and enlarge his Kingdome . What further ? But truely ( fayes he ) wken the Spirit of fucb wrttetngs as this , ts confidered , it will be f there u catife to feare ( unlejjt the wifdome and goodnefje of Cod j and the prudence of the I\ing and Oovernours under htm prevent tt , ) That as one way the Roman Anftchrsft may come tn j So fome furious Succejfour of John o/Leyden , under pretence of a Phineas — ltk$ Sptrtt , come tn another way , upon our Church and Land to lay tt vdfie , and to ma]^e tt Afield ofconfufion and blood. Anfw. Were there no Papifts in Scotland , or was there no appearance of the approaching of the Roman Antichrift before thefe books came abroad i What a Spirit, I pray , is that which is in thefe books , which can give any caufe of feare , that the Roman Antichnft may come in upon that account } What tendency, I pray, hath any thing that is afferted in thefe books, to the introduceingof Popery? His needle head shall never be able to poync this forth. Yea let the truedefigne of ihefe books be once obtained , and 1 promife him , that ere few weeks parte , there shall be tew or none in Gg 2 all 468 Animadvcrfions upon the Cap, XXK all Scotland , who shall ba fo bold as to profefle either Po- pery or Prelacy. Thq£ muft be ftrange books which open two contrary doors at once, upon the one hand a door for the Rom** 4nttchrt(l , and upon the other hand , a door for fotne furious Succeflbur of John f Ley den , but both are alike true , that is , both are manifettly falfe. Though his iear for the coming in of the Roman Antichrsft be fit ft named , yet it is the leaft of the two with him } for the thing which moft affrighteth him , is this laft ; but he needeth not fear it , let King and inferiour Governours joy ne piety, and true divine Zeal for God &his glory, with their prudence, and fet them- felves toeftabli'sh the covenantedReligion,as it was reformed inDo&rine,Worshipe.,Difcipline&Government&f urge out fuch things as offend , efpecially that bitter root of Prelacy > which we ab jured5 and profecute the ends of the Covenants , and the vvifdome and goodnefsof God shall preferve both Church and State. But fo long as there is no repentance of the horrible Apoftafy and defection , whereof King and all ranks are guilty : And particularly that Apoftate pack , which care neither for Church or State , King or Coun rey , but in fubordination to their ovvne bellies and bafe lufts , is not ex* tirpated vvithall their adherents J we have no ground to ex- peft that God shall preferve either Church or State from de- struction and ruine : Becaufe we have forfaken the Lord God of our Fathers , vve can not but fear that he shall forfake US * and caft our causes upon the tarcafes of our tdols 5 and htsfonl shall abhorre us , and he shall lay our cttyes vafle , bring our Sanclua- ryes into defolatton , and shall not fmell the Savour ofourfweet odour 7, yea and shall feat ter us among the heathen, and draw out a [word after us , and our Land shall be defol.tte , and our Cttyes v>afle.j (Sc> Though we had all t he fecurity imaginable that never one of the furious brood of John of Ley den, should arife to lay the Land wafte ; as indeed nothing aflerted in thefe books , may put rational Men in feares thereof, from that hand ; though his lieing mouth adcteth , that fhe feeds of future mtfertes , betng too vtfibly fovne , by this Man and hts Complices, vhofe mouths arc full of blatphemses , as their hearts and hands are fall of blood . and Surveyors Preface. 469 and info faying is like the whore in the common proverbe* whocalleth hei he neft>seighbour whore ft. ft. Whole mouths are more full of b.afphemies, theirs or ours > allmayjudgc who either read their writeings, or heare their fpeachcs in publick or in private : And whole hearts and hands arc more lull of blood , theirs or ours , dayly experience will fuffer no Man of common fenfe who marketh both > once to putittoaqueftion. At length he apologizeth for his flownefle in comeing forth with his Survey , telling US , That this libel and the like are not more quickly followed > vith meet antmadverfins , is not to be marvelled at by any , -who knowes they art like tbepejitlenec, that voiles in dar^nejje , and that hardly do they come to the hands of any , hut fuch a* are willing to be deceived by them, being intended for the blinding of thefe , not for the optnig if the eyes of others . fcut truelv, He might have forborne to have made fuch an Apolo- gy: For ic may be , fome who have moft imployed him , and rewarded him too, forhispaines, will think that he hath but too quickly followed with his animadverfions , and poilibly shall wish , that they had never feen the light , fince he hath done fo little good by them to the caufe, which he be- cometh a Patrone unto , both in ftarting needkfie and dan- gerous debates , for the Kings Throne and fcingdomes , yea & for his Life; & in managing thefe debates fo poorly as he hath done, tofpeak nothing of his weake defending of the mainecaufe controverted, which is abundantly difctn : by this vindication: Whereby alio he hath occafionedthe more accurate ripeing up of that debate touching defenfive amies, and laying it open and naked unto the judgment and capacity of the meaneft , fothat the truthes which he endea- voured to shake, andoverturne , are now more firmly then ever, riveted in the hearts of all who fearch after truth: Yec fure, had he been able, he might have brought foith this brood ot his braine, fooner to light, for he had time enough, after the publick Proclamation was made j that fuch a book was come forth, by the fire prepared ofpUtpofi the crofle of £dc»bnugh to conlume it into afleSjbeforc which G g 3 tune 47o Animadveriions upon the Cap. XXL time , I fuppofe , very few knew of fuch a thing : And by this folemne fiery Proclamation, the curiofity of fome was kindled to enquire after the book , who otherwife would have ufed no great diligence , to have obtained one of them , yea poifibly would never have learned that there was fuch a book in the World , and fo could have been in no hazard to have been infe&ed thereby : And be- fore this time that they met with this folemne recep- tion , there was not ( as is fufficiently known ) many of them abroad \ for it came but too foon into the hands of fuch as put that honour on-it , which was expe&ed , and thereby'helped forward the Authors defigne* Is it , any wonder that fuch pieces muft keep themfelves as long as they can, out of fuch fiery hands. Seingthe firft falutation they meet with is a brief ientence of condemnation by the Coun- cil, and a folemne confutation, or execution rather by the hand of the Hangman , in the fire prepared of purpofe for that folemne Difput ? Let him , if he dar or can , procure a fvttimfrimatur for fuch neceflary and ufeful books, and li- berty for ftationers to expofe them toopenfale, and then it -will be feen , whether they or his shall hide themfelves longeft in the corner of shopes , and be at lengh laid afide for other ufes , then at firft they were intended for. He fayes they were intenJSed for the blinding of thefe into whofe hands they come , not for the opening of the eyes of others. But he fpeaks like himfelf. They were really intended for the opening of the eyes of all who would but read and ferioufly confider what is faid , and would not williqgly shote out their owne eyes. And as for his Pamphlet, I verily beleeve what ever was his intention , it shall deceive none, but fuch as are already deceived,or very willing to be deceived,& shall open the eyes of none, unlefle ferautdens, by making them to apprehend more clearly , then formerly they would, pruth upon the other fide, by difcovering the childish , frivolous and weak evafions and exceptions, which he is necellitated tomakeufeof. la Surveyor's Preface. 471 In the laft Page He giveth us a short hint of what he mindeth to do in the following part of this his elaborat work, where we are like to finde him as impudent and shamelefle a Patron of perjury > as here we have found him a pleader for Tyranny. But we shall forbeare to fay more at this time , till God offer an opportunity of confidering and anfwering what he shall fay further upon thefe heads and digreifiom. The Lord eftahltfh truth tn the £4rth ($ vt/ite his owne tnherttancc^ and (end a plentiful ratneto confrrne the fame when tt is weary, forhisovnenamesfa]{e_->. Amen. FINIS. POSTSCRIPT. Re ade r, Need not trouble thee with any formal confuta- tion of that fuperlatively irrational and brutish affertion, by which that Arch-deceiver, and prime parafire sharpe , that abfurd gnatho , endeavoured to prove the unlawfulnefTe of defenfive warre, in that Cento and Rapfudy compofed of lies > calum- nies , paradoxes and non - fenfe, which he delivered npon the 30 of January laft , to wit , That all mens Itves neretntke Ktngt ka„d-> and keid of hm. An aflertion , no leffe falfe in it felf and abfurd > then ridiculous to all who yet rctaineany thing of the common principles of humanity , and out of I zeal to Loyalty, have not metamorphofed themfelves, not into a shape , but into a condition below an aiTe. A wonder it is to me j How men of common fenfe, and of fpiiits much below ordinary , could fit and hearefuch a bafe flatter- ing claw-back deprc illng them and all perfons of all ranks and qualities in the land, into a condition below their Bcflial , did they not know that even thefe \\e:c notat the King'sde- vctiou , nor held their lives of him I And what a deadly wound 1 57^ Poftfcript. wound this furious flatterer hath given to the King's caiife b; this infra- brutal pofition , all who are notafted bythefami IWjfeeand will be fenfible of. The beft demonftratior \vhichthis wreatch could give of hisbeleef of this as a truth ("though yet no fufficient proof of the truth of the thing , h< being , upon fo many accounts > according to all law 3 right and reafon , a man of death ) were to fend his head , feparatec from his shoulders , as a propine? in afilver box, unto his Majefty , upon defire or demand ; that it being confolidated by the art of the Apothecaryes , might be preferved dd fu~ fur am ret memortam , and a new order of Tyranno - goges being infticuted , each might be enjoyned to have a tift of that haire, and a piece of that pate as their only character and cognifance Bpt Reader , is not the caufe now defperat that Hands upon fuch an irrationaUbrutish and falfe and chimaerical f undation : And may we not now appeal to all men of common fenfetc judge whether their aflertion or ours be morebafe, brutish abfurd, manifeftly falfe and irrational ? Iflcanpre- vaile no further with thee , remember thou art a rational creature , created after the image of God > and fare well. END. Vv 8 - 2 S .5 ^ g £ „ °- 5=1 ? s c3 ^ O p3 ct a 5> •B 03 CD > C3 O „ e/) O h^^+J a3 •a*-*3 in 5 i^a ^5 ■ti^-t: W3 .2P« &4.S ^ .s *s^~ 2 d o A D-H'O oJ O tuD> h rQ 03 £ a- Q 5> g O ^ o3 "tf) ^ S £ 8J2 3=33^-6 2g8Pfi.gg £ C T"1 «-m >-^ ^ r-^^ ^y CO CO