Part III (part 2 of 2)
4. All solemn securities of oaths or bonds, that are sacred promises, are by strictness of law, of most strict and indispensible obligation, as Mr. Durham on the third command, shews in many cases: No man's loss, or private prejudice, can make it void, (though we swear to our own hurt, we must not change, Psal. xv. 4) nor indifferency in the matter, if once engaged in, for then our souls are bound, Numb. xxx. 2. nor deceit of others, if the deceit be circumstantial only, as in the Gibeonites case; nor the extortion of it by fear or violence, if the matter be lawful; nor rashness and sin in the manner, if lawful in the matter, as with the Gibeonites; nor another meaning afterwards devised, not according to the imposer's mind, nor our own at first who took it, (that is but a swearing deceitfully, Psal. xxiv. 4.) nor any good meaning or design in reversing the oath (Saul was punished for breaking his oath with the Gibeonites, out of zeal, 2 Sam. xxi. 2.) nor though the oath be conceived by creatures, (as by the altar or temple, &c. Mat. xxxiii. 20,--22.) nor when the thing becomes impossible, if that possibility could have been foreseen or prevented; nor any other sacred meaning, by equivocation or mental reservation, which are abominable; nor any dispensation from pope or king; nor any other posterior oath. None of these things can make an oath void; but if we have bound ourselves, God will require it: "For whoso despises an oath, by breaking the covenant, when lo he hath given his hand, he shall not escape, God shall recompense it," Ezek. xvii. 18, 19. They are null indeed and of no force, when they become bonds of iniquity, tying to things unlawful or impossible; or when the thing sworn is not in our own power, Numb. xxx. 5. Or when there is deceit in it, not in circumstantials only, but in essentials; or when it hinders a greater good, when the case materially altereth; or when the party sworn to relaxeth us. All these do condemn the horrid breach of the sacred and solemn league and covenant, and confutes the perverting and wresting the words of it in the third article, as if it did oblige to allegiance of tyrants; for, in that case, the obligation is unlawful, and there is a case in essentials, and the case materially altereth, (for in the covenant we are bound to the king, not to a tyrant) and the party sworn to have relaxed us long ago, by annulling the covenant; yet all these things prove, that the covenant is still in force, and that all the oaths and bonds contradictory to it, are sinful: and yet though it be sinful to take them, and sinful to keep them, it is nevertheless perjury to break them, especially to them whose erroneous conscience is bound by them, under a notion of their lawfulness.
And in a special manner it is here conspicuous, how deceitful a juggle that sinful shift of many hath been, that they could subscribe an unlawful bond under a penalty: as for example, to answer to their courts, or to go to church, or separate from the persecuted meetings of the Lord's people, under such a penalty, which they thought to pay the penalty would clear them off, as if it were only an alternative bond. The iniquity of this juggle will appear, if we consider, such bonds cannot be alternative: for alternatives are always disjunctive, binding equally either to this or that; and the one alternative is no more determinately enjoined by the imposer, than the other. And so, if these bonds were alternative, it should be in the binder's choice, whether to answer the court, go to church, to separate meetings, or pay so much money. But it is not so, for the stipulation and promise is determinate to the obligation, for which the bond is required, and the penalty is annexed, as a punishment of the breach of that obligation. And that fancy of eluding the bond by paying the penalty, would quite enervate all security among men, in their mutual compacts of that nature; and under that pretence, they might give a satisfactory compliance to the most wicked imposed obligation imaginable, to subscribe the Turk's Alcoran, with a reserved attention only to pay the imposed penalty. Which reservation is so far from being suitable to that christian simplicity the gospel requires, that it does not answer that moral honesty that our concern, in the good of human society, calls for. It is incumbent on all that expect to dwell on God's holy hill, to have this requisite qualification for one, though they swear to their own hurt they will not change it, and they must be far from swearing deceitfully; and consequently, if they bind themselves by a promise, which a Christian should be no less tender of than his oath, they must keep it. And besides, to condescend that that penalty or fine should be paid, by ourselves, or friends in our behalf, were to condescend that these enemies should be enriched by our own or the spoil of our friends, upon the account of the forfeiture of our promise; which seems such a dishonest and dishonourable thing, that an honest heart would disdain it. And though this should be flouted as foolish preciseness, to chuse rather to ly still and suffer in such a case; yet it may be considered that Christ's cross, even with reproaches, is always a better choice than the world's ease, purchased at any price which is a hire for Christ's enemies.
5. All divines and casuists do grant, that an oath must be taken in his sense and meaning who tenders it, and in whose favours it is conceived: because oaths and bonds are for security, and therefore whosoever would deal honestly and christianly in taking an oath, must take it in the sense that it is understood by such as impose it; otherwise the holy name of God should be taken in vain, and the swearers and promisers shall deal deceitfully, in frustrating the end of the oath or bond, and the design of the tenderers thereof. And therefore, as reason and religion requires, that all oaths or bonds be so conceived and enunciated, that all concerned may understand them, and if there be any doubt how far they bind, the imposers should explain the same, as Abraham did to his servant: So conscience requires, that they be always taken in the imposer's sense, and as they discover their sense and sentiments of them, and not according to the meaning that we may think the words capable of; nor yet according to the wheedling explications, that they may give or allow, which are as deceitful and ensnaring as the things themselves. Nor is it to be looked upon as a favour to get a liberty to put a sense upon them, contrary to their known meaning; for that is but a liberty to mock God, to mock others, and ourselves too, and nothing but a snare to the conscience. And to put a gloss upon printed oaths or bonds, which in strict construction they will not bear, and then to subscribe them in the terms as offered, is not only an intangling ourselves into the bond of sinful oaths and bands, but to stumble the godly, and harden the wicked in the present, and to mock posterity in future ages; who shall see the oaths in the terms subscribed, but not the sense they were taken in. See Apolog. Relat. Sect. 14. It is known by manifold experiences that it is dangerous to hearken to their overtures who study to ensnare us, but far more hurtful and hateful to propound overtures to them. For they interpret it a ceding and giving ground, and when they see a man beginning to yield, then they will seem to be very condescending, even to accept of little at first, that they may draw him on to more: like cunning anglers sometimes recoiling and drawing back the well baited and busked hook, to invite the poor unwary fish to pursue, and sometimes letting it run away with the hook when it bites kindly: So when they find a man offering and ready to accept of accommodations, they will be very yielding and easy, but with a design to hook him. But conscience can find no safety at present, nor satisfaction afterwards in accommodations with them. For it is plain to all that are not blinded with ignorance, or partiality, or a judicial stroke, that our imposers are such sons of Belial as cannot be taken with hands, or by the hand; and if we reflect upon the matters upon which these accommodations are to be offered or accepted, they are not things upon which we may come and go, upon our discretion, as we do with our own particulars, or with problems to be disputed, or ambiguous propositions capable of different senses; but matters so and so circumstantiate, as do require the positive determinate judgment of the conscience, concerns of truth and falsehood, duty and sin, which cannot admit of accommodation, or dispensation, or reservation, or any other sense than the imposers and they that state their inquisition about such things do own, and are observedly known to have and maintain about them. Otherwise, all other forged accommodations are but tampering tricks, juggling with jugglers, deceiving the deceivers, in such a way as does not well consist with the simplicity of the gospel, or the doves innocency; for what is that but a swearing or promising deceitfully! Psal. xxiv. 4. "a conceiving and uttering from the heart words of falsehood," Isa. lix. 13. "a false oath," Zech. viii. 17. "which are hateful to God who will be a swift witness against false swearers," Mal. iii. 5. Neither will they be so easily deceived, for they will readily yield to accommodations, or any tolerable sense that we can put upon their snares; for they reckon that a yielding in part, and are glad to find us so far justifying their acts and impositions, as by our offer practically to declare they bear a good sense, and they will come many ways to our hand to get us hooked so.
Secondly, These things being premitted, I shall offer reasons why it was necessary, in point of conscience, to refuse all the oaths hitherto tendered; and consequently conscientious sufferers upon this account will be vindicated. And first, some general reasons against all of them together, and then a word to each sort of them.
1. There is one general argument, that will condemn coming in any terms of oaths or bonds with that party, that have broken the covenant, overturned the reformation, and destroyed the people of the Lord: because such transactions with them (as hinted above) are a sort of confederacy with the known enemies of truth and godliness, importing a voluntary subjection to them, compliance and incorporation with them, as members of the same community, whereof they are acknowledged to be the head. Now all such sort of confederacy with such malignant enemies of God and of the church, is unlawful, as Mr. Gillespie demonstrates in his useful case of conscience, concerning associations and confederacies with idolaters, or any known enemies of truth and godliness. Though civil compacts for common commerce may be allowed, as Abraham was confederate with Aner, Eshcol, and Mamre, Gen. xiv. 13. Jacob covenanted with Laban by way of lawborrows, Gen xxxi. 14. But sacred confederations of this sort are unlawful from these arguments, 1. The law of God condemns them, Exod. xxiii. 32. "Thou shalt make no covenant with them, nor with their gods, they shall not dwell in thy land, lest they make thee sin against me,"----Where not only religious covenants are discharged in a toleration of the idolatry, but familiar conversation also, they shall not dwell in thy land. If then we must not suffer them, if in capacity, sure we must far less be imposed upon by them; if we are not to be familiar with heathens, far less with apostates, that call themselves Christians; for the apostle lays much more restraint from communion with them, than with Pagans, 1 Cor. v. 10, 11. The reason of the law, lest they make thee sin: as long therefore as there is that hazard of sinning, the law obliges to that caution. So Exod. xxxiv. 12,--16. "Take heed to thyself, lest thou make a covenant with the inhabitants of the land--lest it be a snare--but ye shall destroy their altars--lest thou make a covenant with them--and they go a whoring after their gods, and thou take of their daughters unto thy sons"--Here again all sacred transactions are discharged, upon a moral and perpetually binding ground, and all toleration is prohibited, and conjugal affinity. Such compliance brought on the first desolating judgment, the flood on the old world (Gen. vi. 1, 2, 3.) when the godly conformed and incorporated themselves, and joined in affinity with that ungodly crew, from whom they should have separated themselves. Likewise Deut. vii. 2, 3, 4, 5.--"Thou shalt make no covenant with them, nor shew mercy unto them, neither shalt thou make marriages with them--for they will turn away thy son from following me--so shall the anger of the Lord be kindled against you--but thus shall ye deal with them, ye shall destroy their altars." Where all transactions with a people devoted to destruction are discharged, even that of toleration of malignant enemies, according to which precept, "David resolved to destroy early all the wicked of the land, and cut off all wicked doers, from the city of the Lord," Psal. ci. 8. Mark this, all, of what degree or quality soever, without respect of persons. And lest it should be thought this is meant only of these seven nations there enumerate, the law is interpreted by the spirit of God or many other nations; where Solomon is condemned for joining in affinity with other wicked people, besides these, 1 Kings, xi. 1, 2. So that it is to be understood generally, against confederacies with all, to whom the moral ground is applicable, and the danger of insnaring the people of God. It is clear likewise, we must have nothing to do with the wicked, but to treat them and with them as enemies, Psal. cxxxix. 21, 22. with whom, as such, there can be no confederation; for that supposes always the enmity is laid aside, but that can never be between the professors of religion and the professed enemies thereof: but that must always be the language of their practice, "Depart from me ye workers of iniquity, for the Lord hath heard me," Psal. vi. 8. The command is peremptory and perpetual, "Forsake the foolish," Prov ix. 6. "Make no friendship with them," Prov. xxii. 24. "Say not a confederacy to them." Isa. viii. 12. where it is clear from the opposition in that text, betwixt confederating with the wicked and the fear of God, that the one is not consistent with the other. There is an express discharge to yoke or have any fellowship with them, 2 Cor. vi. 14. to the end--"for what fellowship hath righteousness with unrighteousness?--what concord hath Christ with Belial?--wherefore come out from among them, and be separate."--2. Many sad and sharp reproofs for such transactions and confederations do conclude the same thing, Judg. ii. 1, 2, 3--"I said,--ye shall make no league with the inhabitants of this land, you shall throw down their altars: but you have not obeyed my voice, Why have you done this? Wherefore--I will not drive them out from before you--." It cannot be expected, the Lord will drive out these enemies, if we swear subjection and allegiance, and come under confederations with them; for thereby we contribute actively to their settlement and establishment, and bring ourselves not only under the misery, but the guilt of strengthening the hands of evil doers. So Jer. ii. the people of God are reproved, for making themselves home-born slaves. How? by outlandish confederacies, verse 18. "Now what hast thou to do in the way of Assyria?--The Chaldee paraphrase hath it, What have you to do to associate with Pharaoh king of Egypt? and what have you to do to make a covenant with the Assyrian?" So may we say, what have we to do to take their oaths and bonds, that are as great enemies as they were? Ephraim is reproved for mixing himself among the people, Hos. vii. 8. by making confederacies with them. What follows? He is a cake not turned, hot in the nether side, zealous for earthly things, but cold and raw in the upper side, remiss in the things of Christ. And this we have seen in our experience to be the fruit of such bargains, or bonds, or oaths, that they that were engaged in them, have always in some measure fallen from their former fervour for Christ. Nay we shall find, that such transactions are seldom or never recorded in the book of God without a reproof, or some greater marks of God's displeasure put upon them? which doubtless is set purposely as beacons, that we may beware of them. And therefore, 3. We may take notice of many disallowed and condemned examples, on which the Lord set marks of wrath, as Ahab's covenant with Benhadad, 1 Kings xx. 32. to the end. Asa's covenant with Benhadad, which the prophet calls a foolish deed, 2 Chron. xvi. from beginning to verse 10. proceeding from an evil heart of unbelief, as all such transactions are overawed compliances. Jehoshaphat's with Ahab hath the same censure, though he kept himself free of Ahab's idolatry, and Ahab seemed to have been penitent before he joined with him, and his relation to him was very near, the enemy of both was an infidel, the cause was good, to recover a city of refuge, the manner of his proceeding was pious, consulting the prophets, and his end good; yet all this did not justify that wickedness, related 2 Chron. xviii. and reproved 2 Chron. xix. 2. Jehu the prophet is sent to him, "Shouldst thou love them that hate the Lord? therefore is wrath upon thee from before the Lord." After this, when he joined himself with Ahaziah, who did very wickedly, the Lord brake his works, 2 Chron. xx. 35. to the end: which made him afterwards mend his fault, for he would not again join with him, when he sought the like association, 1 Kings xxii. 49. So Amaziah's bargain with the Israelites, when the Lord was not with them, is condemned by the prophet, admonishing him to disjoin himself from them, 2 Chron. xxv. 7,--20. and Ahaz's bargain with Tilgath Pilneser the Assyrian, 2 Chron. xviii. 16 &c. is plainly disallowed. 4. The complaints, confessions, and lamentations of the Lord's people, mourning over this sin, demonstrate the evil of it, Ezra ix. 14. "Should we again break thy commandments, and join in affinity with the people of these abominations? Wouldst not thou be angry with us, till thou hadst consumed us, so that there shouldst be no remnant nor escaping?" Psal. cvi. 35. "They were mingled among the heathen, and learned their works."
All these commands, reproofs, examples and complaints, are written for our learning; and being seriously laid to heart, will sufficiently sear all the fearers of God to join, but stand aloof from all compliances, conjurations, or confederacies with the enemies of God, directly or indirectly, formally or interpretatively, for fear of partaking of their sins, and receiving of their plagues. I insist the more largely on this argument, both because it will conclude that for which those proofs are adduced, to condemn all bonding or bargaining with malignant enemies; and because it will vindicate the aversion of this poor persecuted remnant, from associating in expeditions of war, with promiscuous subverters and perverters of the cause, on which it were not proper to my purpose to dilate any discourse in a distinct head, while I must confine myself only to the heads of sufferings; only because it may be objected, and it will be profitable to consider it, that these scriptures disprove only voluntary and elective confederations with the wicked, but cannot condemn necessitated subscriptions of lawful obligations, when the matter is not sinful; nor come they home to the case of prisoners, who are constrained to transact and treat, and have do with the men in power, otherwise, if all bonds were unlawful, then prisoners might not procure liberty for longer or shorter time, upon bond and bail, to answer again when called; which yet is generally approven, and practised without scruple, and see us not want a precedent in scripture, in that Jason gave such security, Acts xvii. 9. I shall therefore subjoin here some considerations, by way of answer to this. 1. These scriptures disprove all covenants, Exod. xxiii. 32. All confederacies, Isa. viii. 12. All concord or agreement with the men of Belial, 1 Cor. vi. 15. and, without distinction of voluntary or overawed transactions, all unitive agreements of whatsoever sort are discharged, and can no more be restricted to the particulars there specified, as if any other covenant, confederacy, or concord might be lawful, that there was not a joining in marriage, an associating in war, or communion in communion in worship with them, than the moral grounds of these prohibitions can be so restricted: for the hazard of sins and snares, the hurt of faithless fears from whence they flow, and the hatefulness of such unequal conjunctions, which are the grounds and reasons of these laws, as may be seen in these forecited places, cannot be restricted to the particulars specified. But now all the tendered oaths and bonds of our adversaries, when subscribed as they require; yea, even those transactions of prisoners for procuring their liberty, on terms of engaging to re-enter themselves according to agreement with their persecutors, are unitive covenants, or conditional agreements, giving solemn securities for their respective obligations, upon terms wherein both parties accord; for these bonds are given to them, and not only before them, as was said. They are confederacies of the subjected, seeking the peace and favours of their superiors, which when overawed are sinful to be made with wicked enemies of religion, as well as when unconstrained, for Ahaz's transaction with the Assyrian, was forced out of fear, and yet it is called a sinful confederacy, not to be homologated by any of the fearers of the Lord, Isa. viii. 12. They are concords and agreements with the unrighteous sons of Belial, and not about common matters, but matters wherein religion and righteousness are nearly concerned: can any think that these commands are given with exception of prisoners? and that if any Israelite was prisoner to these nations, he might make a covenant with them for his liberty, upon an engagement to render himself prisoner to them again? Then he might give bond to God's devoted enemies, to bind up his hands from prosecuting the war with them, which all Israel was obliged to do: for if they might covenant subjection to them, then it would have been their sin to rebel, as it was Zedekiah's sin to rebel against Nebuchadnezzar, because it was breach of covenant: and so there might be a case, wherein the Israelites, notwithstanding of all these prohibitions, would be obliged not to destroy, nor break down their altars, to wit, if they made such a bargain with them for their liberty, to surrender themselves as their subjects. Now we read, many times they were brought under subjection, and that as a punishment of their leaguing with them: and yet they broke the yoke, when they cried unto the Lord, and never submitted any longer than they were able to deliver themselves. Whence it is plain, that they never bound themselves to such subjection by oath, bond, or promise, for that would have been no mercy which was purchased by treachery. 2. It is a voluntary compact with the men in power to procure liberty upon bond to answer again, and cannot be called necessitated; or if it be, it is but a necessitated sin. It must be voluntary, because it is an act of the will, and the will cannot be forced; it is the consent of the will, and the consent cannot but be voluntary, in so far as it is a consent; and by this, whereas, before their so procured liberty, they were prisoners by constraint, now when they must return to prison, they are prisoners by consent: It is the prisoner's choice, whether he will come out upon these terms, or not; and every choice, in so far as it is a choice, is elective and voluntary: it is put to the man's choice, whether he will continue under the cross, and continue his testimony for the cause, or surcease from it for a time, the latter in the case is chosen. It is the prisoner's desire and petition, to transact with them in these terms for liberty, without which no benefit of any such bond can be procured, and every desire is voluntary. Yea, it is a formal compact and capitulation with them, binding and obliging these bonders by their own word and writ, at least to be at their call and command, not by compulsion and force now, but by the moral obligation of their own compact: now, every such compact is voluntary. And therefore, if all voluntary covenants, confederacies, and agreements, be discharged in scripture, then this bond of compearance also must be discharged. The judgment of the famous Mr. Rutherford, or a draught of a petition to have been presented to the committee of estates, by those ministers who were prisoners in the castle of Edinburgh, will confirm what is said: we find it in the third part of his letters, Numb. 93. where are these words, 'I am straitned as another suffering man, but dare not petition this committee, 1. Because it draws us to capitulate with such as have the advantage of the mount, the Lord so disposing for the present, and to bring the matters of Christ to yea and no (you being prisoners, and they the powers) is a hazard.' 3. This agreement with the enemies for liberty upon these terms, is sinful. For it is not only an acknowledgement of a wicked power, in owning and transacting with them as judges, who can free them and bind them as prisoners by law, which is disproved above; but it is a binding themselves over to a packed, perverse, and law-perverting judicatory, not as prisoners by forcible constraint, but a willing consent, acknowledging the legality of their imprisonment, and obliging themselves to observe it when demanded: yea, it is a covenanted and bonded obedience to a wicked law; for it is a wicked law, to exact from a sufferer for truth his re-entry to prison, for no crime but his duty. As also it is a justifying of a wicked sentence; for it is a wicked sentence, that an innocent man shall return to prison when they please; which is justified when they bind themselves to obey it. This is no ways like a man's going to the gibbet on his own feet; for the man does not bind himself to do that, neither is it exacted of him as an obedience to a law, nor is it given forth as a part of his sentence, only he chooseth it for his own ease: but if all these did concur, it were unlawful for a martyr for righteousness to obey such a law, or voluntarily to submit to such a wicked sentence. Neither is it of any pertinency to urge, that it is lawful for a man to submit so far to a robber, as to bind himself to return to him against such a day with another purse to him: for this is a necessitated bargain, to give what a man hath, and promise more to save his life, and is like a man's casting his goods out at sea to save the ship; the other is not so, but elective: this is only a choice of the least of two evils of suffering, but the other is a choice of one of two evils, which is sin, which cannot come under a Christian's election at all; this is a compact with the robber, which is still discretive, and no ways unitive of the robber and him, in any bargain of concord, or confederacy, or acknowledged subjection, only a passive surrender to his greater force as an enemy; but the other is unitive, as between rulers and ruled: this is not any obedience to a law, nor is the man's purse required to be given, or promised under that notion, as the other is. I shall here also subjoin some more of that foresaid letter of Mr. Rutherford's, in the second place, says he, 'A speaking to them in writ, and passing in silence the sworn covenant, and the cause of God, which is the very present controversy, is contrary to the practice of Christ and the apostles, who being accused, or not accused, avouched Christ to be the Son of God, and the Messias, and that the dead must rise again, even when the adversary initiated the question.' Now plain it is, that neither in the bonds nor petitions, is there any word of the cause or testimony suffered for. 4. As it is sinful, so it is very scandalous in several respects; in that at least it hath the appearance of evil, which Christians should abstain from, 1 Thes. v. 22. and seems to be a voluntary subjecting themselves to their impositions (at least of that to return to prison again) a willing acknowledgment of their unjust usurpations; a spontaneous consenting to their mischiefs framed into a law, and exacted under the notion of a law; a gratifying of the enemies of religion, and pleasing them more than any thing a prisoner can do, except he should wholly deny the cause: and therefore chiefly always this overture is most acceptable from those that durst give any testimony, because they look upon it as some indication of their fainting or falling from it, or of their wearying of the cross of Christ, of which they are very glad; and an offending and making sad the hearts, and condemning the practice, of some truly tender and zealous confessors of Christ, who have had strong tentations to make such transactions, and durst not yield so far for a world; yea it is certainly an argument of faithless fear, and impatient wearying of the cross, because of the fury of the oppressor, which the Lord taxeth, when the captive hastneth that he may be loosed, and that he should not die in the pit, nor that his bread should fail; which is a dishonour to him who hath promised to bear their charges, and hath given them many encouragements to trust, that he will open a door in his own time and way. See Isa. li. 13, 14. Of this Rutherford addeth in that forecited letter: 'Silence of the cause of God which adversaries persecute, seems a tacit deserting of the cause, when the state of the question is known to beholders, and I know the brethren intend not to leave the cause. And a little after, says he, the draught of that petition which you sent me, speaks not one word of the covenant of God, for the adhering to which you now suffer, and which is the object of men's hatred, and the destruction whereof is the great work of the times; and your silence, in this nick of time, appears to be a not confessing of Christ before men, and you want nothing to beget an uncleanly deliverance, but the profession of silence:' which is professed by all that petition for such a bond, when their address and transaction speaks no more in favours of the cause, than if they denied it. It is plainly a coming out of prison without a testimony, which cannot consist with faithful and zealous suffering for Christ, and is far from the choice of Christ's witnesses, who overcame by the blood of the Lamb, and the word of their testimony, recorded, Heb. xi. 35.----Who were tortured, not accepting deliverance, that they might obtain a better resurrection. 5. As it is a scandalous, so it is very inconvenient and unsuitable for the confessors of Christ. In that not only they may be ignorant, and much troubled to know what underhand dealings their friends may use sometimes to procure that liberty, without acquainting them, and how odiously their act of deliverance may be worded and registred to the prejudice of the cause, which they dare not testify against afterwards when they do know it, for fear of many inconveniences. But also it cannot be vindicated from being a dishonourable shifting, and putting off, or casting off the call of a testimony; and confessing either an inconstancy, or impatience, or unreadiness, or want of resolution, to confess or profess the testimony for Christ, without some respite to gather new defences for it: whereas Christ's witnesses should be ready always to give an answer to every man that asketh them a reason of the hope that is in them, 1 Pet. iii. 15. And besides, they involve themselves into the incumbrances of a doubtful suspence about the event, whereas if they keep their first resolution and condition with cheerfulness, aloof from such bargains, they know the utmost they have to fear or hope from men. But now, as it is hard for them to come off without some sinful engagement, and to continue any measure of faithfulness when they are out, for fear of being soon called again; so they bring themselves into many sad difficulties how to behave, and cast themselves into many tentations unavoidably. However, except of late, a precedent of this practice can hardly be instanced among the sufferers of Christ in former times, but, on the contrary, many have refused such offers. I shall only name one; in the persecution of queen Mary of England, Dr. Sands, prisoner at London, had the offer of liberty, upon the term of such a bond, finding bail to appear when he should be called, but refused it absolutely; and when a gentleman, without his knowledge, having procured it by giving 1000 l. bond for him, brought him forth and required his consent and observance of the obligation, he would not consent to give any security, and denied his resolution to observe it in the least; whereupon the gentleman very courteously told him, he would stand to his hazard. This was far more like the innocency of the dove, but this new prudence resembles more wisdom of the serpent. Finally, as for Jason's business, which is so much harped upon by these bonders. (1.) These were rulers that he had to deal withal, and not raging tyrants. (2.) They were indifferent arbiters between Jason and the lewd fellows that troubled him, and not both judge and party; he gave no security to his persecutors, as these bonders do, but to the true judges of the cause, who impartially took cognizance of it, from whom Jason might and did expect right. (3.) This was before he was prisoner, being as free as his accusers, and having the law as free for him as it was for them; whereby he could vindicate himself and abide the law, and be absolved by it: which does not answer the case of prisoners actually engaged in and called to a testimony for Christ, when there is no law but what is established in opposition to Christ. (4.) In the original it is, when they got satisfaction from him; that is, when he so cleared himself, that they could not fasten any transgression upon him, then they absolved him.
2. All these oaths and solemn securities that have been imposed in these times, are dreadful and heinous breaches of the third command, by taking his name in vain in the worst sort, whereby the takers cannot be holden guiltless. For it is impossible such oaths and bonds, however they be constructed, can ever be taken with these requisite qualifications necessary to be observed in all oaths (and consequently in all solemn promises or bonds) that are mentioned once for all, Jer. iv. 2. where one that sweareth, must do it in truth, in judgment, and in righteousness. 1. They cannot be taken in truth, which is a necessary qualification in all oaths, according to the definition of a true oath, which is a solemn invocation of God, for confirmation of some true, lawful, grave, and weighty, useful and worthy business, wherein he is attested and appealed unto, that he, as the only searcher of hearts, may give his testimony to the truth of the thing, and punish the swearers, if he swear not in truth. And this swearing in truth does import and require both sincerity of the heart, filled with reverence and the awful apprehension of a present God; and simplicity of the mind, well informed of the genuine meaning of the oath, that we have clear uptaking of it, and take it not implicitly, but with our own understanding; and also singleness and honesty of the intention, that it be not to deceive, by putting any other sense than the imposer hath, or will allow when he understands it: so the meaning must be clear, and such as may be obviously gathered from the words, and according as they are supposed to be understood by others, especially them that exact the oath; for if they mean one thing and we another, God's name is profaned, and the end of the oath frustrated, and so all equivocations and mental reservations are condemned; as all divines treating on oaths teach, and worthy Mr. Durham particularly on the third command, who asserts, 'that though we could devise some other meaning, that might seem to make for us; yet if that was not meant at first tendering, but otherwise understood by him that did take it, it will not absolve from the guilt of perjury; for an oath of strict law, and will not admit, on any respect or account, of interpretations prejudicial to the native truth of it, lest it should be found to be' (according to Psal. xxiv. 4.) 'a swearing deceitfully.' And he afterwards says, 'much less will it exempt a man from guilt, that in swearing he had a meaning of the words, contrary to what in common sense they bear, and in the construction of all indifferent persons, without oath, or beyond it; but it should be plain, single, and clear.' And Paraeus saith, in Catech. Urs. part 2. quest. 102. An oath hath the divine sanction, that it might be a bond of verity among men, and a testimony that God is the author and defender of truth. Now, none of these oaths and bonds can be taken in truth; for if they may be safely taken in any sense, it must be such as the oath in the design of the imposers cannot bear, and which the imposers never intended, nor would they ever have allowed, if they had understood it; which industriously the takers have a care they should not understand, and so they must take it in that sense with a mind to deceive, which cannot be in truth, but most derogatory both to the truth and simplicity of the gospel. And they are all unclear and ambiguous which cannot be taken in truth, because they have no truth in them, as Dr. Sanderson saith, de jure. promiss. oblig. prael. 6. Sect. 10. 'A proposition of an ambiguous and indefinite sense, before the matter be distinguished, is not a true proposition; yea, nor a proposition at all: for a proposition, as its definition cleareth, should signify either a truth or a falsehood, without any ambiguity; and therefore, says he; such oaths should be suspected that there is some deceit lurking, and every pious and prudent man should refuse them offered under such terms,' cited by apol. relat. sect. 10. pag. 118. and sect. 15. pag. 267. In fine, none of them can be taken in truth, since they are all a denying the truth, as will be evident by the induction of all of them: which, how it can consist with the fear of God, or sincerity of the heart, cannot be imagined; and if conscience be called into judgment, it will condemn the taking them. 2. They cannot be taken in judgment, is that, with knowledge and deliberation, minding and understanding what it is we swear or subscribe, as Mr. Durham explains it in the place above cited. For, first, they cannot be taken in judgment, because they are all ambiguous, the terms of them being capable of divers senses, not explained by the imposers. And if they were explained in their sense, then they could not be taken in righteousness; and so at best they are uncertain: and that is dreadful to invoke the majesty of God to be a witness to uncertainties; for that is to swear with an evil conscience and contempt of God to dare to call him in as a witness of that which is in suspense, whether it be truth or a lie; and such a swearer must make it a matter indifferent, whether he make God a witness of a truth or of a lie in the case. Vide Paraeum. loc. sup. cit. pag. 754. sect. 4. Dr. Sanderson as before, gives these reasons further against all ambiguous oaths. 'Because of him who tendereth the oath. For the proper end of an oath is, that he in whose favours it is taken should have some certainty of that whereof he doubted before; but there can be no certainty out of the words which have no certain sense. Next, because of him who sweareth, who, if he take such an oath in these terms, either stumbleth his neighbour, or spreadeth a net for his own feet; for to what else should such collusion tend, but either that by our example others may be induced to take it, whereby they are stumbled; or, that afterwards, by virtue of that oath, something may be required of us, which is either unlawful or hurtful, and this is to lay a snare for ourselves! Therefore let every prudent man beware of suffering himself to be deceived by these wiles, and of thinking so much either of the favour of the ill will of any other, as to swallow the bait under which he is sure there is a hook: it is expedient, that, in the matter of oaths, all things be done aright, and that the sense be clear to all, and that is, to swear with a clear conscience,' apol. relat. pag. 267. But next, they cannot be taken in judgment; because they are all imposed and extorted under a severe penalty, and some of them of death, and so must be taken out of fear. Such oaths are by many famous divines judged unlawful, especially public oaths imposed by authority, and under colour of law; these are worse than a man's private oath given to a robber, for fear of death, if the matter be unlawful: for, without the matter be lawful or unlawful, such oaths coacted, exacted, and imposed by law, cannot be taken in judgment; for if they be taken out of respect to the law; then it is the person's suffrage to the equity of that law, and an approbation of the imposition; which, in the present case, cannot be done, by any man of conscience; for, whether the oaths be lawful or not, the authority imposing them is nought, and the law wicked, and can never be approven; and if they be extorted out of fear, then they cannot be taken with deliberation, or voluntary and unviolented choice, unconstrained light or liberty, which are all the ingredients of judgment. 3. They cannot be taken in righteousness, that is, according to the law of equity as well as piety, neither wronging God nor others by our oaths. Lawful oaths should be in themselves ties of equity, as well as truth. And Paraeus faith, in the place before cited, lawful oaths are only these which are engaged into about things true, certainly known, lawful, possible, weighty, necessary, useful and worthy. And if that be true, then are all the oaths and bonds taken these many years but fetterings into bonds of iniquity; which, when the consciences of the takers will reflect on them, will become galls of bitterness, and found to have none of these qualifications; but on the contrary, to be about matters false, uncertain, unlawful, impossible, frivolous, fruitless, useless, and unworthy, to the worst degree of baseness; and, which is worst of all, dreadfully sinful, and horrid to be thought on to interpose the name of God upon, making him the approver of what his soul hates, and a witness of that which he will be an avenger of, as will appear by the particular consideration of all of them.
2. Let it be considered, that though (as the pleaders for these transactions do impertinently) alledge the same words in other cases might be subscribed in a more abstract sense, as being capable of a good construction; yet complexly considered in the form and frame of all the oaths and bonds we have been troubled with, they cannot be subscribed in any sense; and if in any, that must be the imposer's sense, which in them all is always pernicious. 1. They cannot be taken in any sense though never so good, if we consider the absolute illegality of their arbitrary imposition. It will be confessed that oaths should be very tenderly imposed upon consciences, not only lest the name of God be prostitute to profanation, in matters light and trivial, or dubious and uncertain; but lest a tyrannical jurisdiction be exercised over the souls of men, which are not subject to any power that mortals can claim: so it cannot be denied, but that the constitution of our government requires, and reason as well as religion says it is necessary, that no ruler hath right to enjoin an oath which is not first enacted into a law; and it was always accounted a good plea for refusing oaths, when there was no law for them; and some have been charged with treason, for exacting oaths without a statute ordaining them: which might be brought in as a charge against all the imposers of our oaths, the most part of which have been enacted and extorted without any colour of law; some of them being never ordained by any act of parliament, and others of them before they could obtain such a mischief framed into an act for them, and all of them neither ever legally administred nor righteously enacted, by such who had power to make acts; for as for the packed parliaments that made them, no conscientious man could ever own such a company of perjured traitors, to be their parliamentary representatives. Yet abstracting from that, I say, the oaths that have been imposed without and against law could never be taken in any sense, without consenting to their treasonable breach of law, for which they have forfeited their lives to justice, whenever there shall be a judicatory to revise their administrations: and these that have been imposed by a pretended law, could never be taken without justifying of that law that ordained them, which hath been nothing but a mischief framed into a law by a throne of iniquity. 2. They cannot be taken in a good sense, with a safe conscience, considering either what is plain in them, or what is more ambiguous. What is plain and capable but of one sense, that is always either restraining to a clear sin, to renounce some part of the covenanted reformation, in profession or practice; or constraining from a clear duty, that we should not do that which we may or ought to do. There is nothing in all of them plain but what obliges to one of these two. Again, what is ambiguous in them, as it ought to be refused for its ambiguity; so, when it is explained according to the imposer's mind and meaning, the sense will be found always pernicious, though the words may be plausible. As when they require an obligation to allegiance, or loyalty, or peaceableness, or orderliness, and other smooth words, signifying excellent things in an abstract notion, these will be found to carry quite another sense, if we enquire into the imposer's meaning, in which only oaths and bonds must be taken. The only way to find out their meaning, is to consider either their acts or actings, or their designs and intentions, as they are discoverable by any man of prudence or consideration. If we consult their acts or actings practically, and not only legally explaining them for a commentary, then by allegiance, we can understand nothing else but an owning of their absolute tyranny: by loyalty, nothing but an absolute and implicit obedience of their absolute commands, without reserve (as the late proclamation for the toleration expounds it) by peaceableness, nothing but a stupid subjection to them, letting them do what they please without resistance or controul; and by orderliness nothing but a disorderly compliance and conformity with them, in going along with the corruptions and defections of the time; for their acts and actings expound them so. If we consider their designs and intentions, according to which they are all uniformly calculate and equally levelled; he is blind who hath not seen they have been driving all this time at these designs (to which all these oaths and bonds have been adapted and successfully subservient, and by which they have been promoted to the present pass) to overturn gradually all the degrees of our covenanted reformation, to establish tyranny, and advance it unto greater degrees of absoluteness, and to introduce popery and slavery: so that by allegiance and loyalty can be meant nothing else but an obligation to own and obey, and never to oppose the design of advancing tyranny; and by peaceableness and orderliness, nothing else can be intended, than an obligation never to oppose either the present settlement, or future establishment of popery and arbitrary power, upon the ruins of the reformation, and our civil and religious rights and liberties. Whence, they that can take these oaths and bonds in any other sense, and plead for the inoffensiveness of the terms, in a more abstract notion, and sense alledged more legal, without regard to that of the imposers, practically explained by their administrations, and so looking more to the briberies of their blinded reason and worldly interest, than to the dictates of conscience, please themselves with such notions and quibbling evasions, do but mock God, deceive the world, elude the enemies, and delude themselves. And all these debatings for accommodations and expositions in another sense, are but foul fairdings of conscience-beguiling compoundings in, and pitiful priggings for, a base compliance. But it is usual for a guilty son of Adam to sew fig-leaves.
4. Let it be considered, that all these oaths and bonds that the land hath been debauched with these 27 years, are all condemned by, and contradictory to anterior binding orders, the acts of the general assemblies requiring no oaths in the common cause to be taken, without the church's consent, as was cleared in the historical part, upon the fifth period, page 97. And that especially they are condemned as being contradictory to, and violatory of prior oaths, of continuing indispensible obligation; being designed, pressed, and imposed, on purpose to delete the same out of the minds and memories of the present generation; I mean the national and solemn league and covenants, and other former nationally binding public engagements. Which, because they are not only broken and burnt, but declared criminal to be owned, and because the owning of their obligation is ordinarily inserted in the indictments of our martyrs, I must touch upon them more particularly. It was cleared above, Head I. arg. 11. from the form, the object, and from the ends of the covenant, which are all moral, and of indispensible obligation, that it is of perpetual and unalterably binding force, obliging the present and all future generations, as well as that which did first come under the bond of it. And to confirm this, I shall add more particularly these many considertions. 1. The national engagements are national promises, plighting and pledging the nation's public faith, for the preservation and propagation of religion and liberty, to succeeding posterity; which if succeeding generations may reverse, then the faith of men, and the faith of nations, can be of no force above a century of years; nay nor after the decease of them that personally made the promise: and so every new ruler, every new parliament, yea every person coming up to succeed the father in any capacity, might be free not to stand to it, which were very absurd. Certainly that promise of the jewish nobles and rulers, not to exact usury of their brethren, but to restore, and not require it of them, did not only oblige themselves but would bring their posterity under the curse, if they should exact the same debt there remitted, Neh. v. 12, 13. And does not a national promise of preserving the reformation, bind as much to the curse of the breach of it? 2. They are national vows, avowing and avouching, and devoting themselves and their posterity to be the Lord's people, and to keep his statutes, and promote his interests, which do bind the posterity. Jacob's vow at Bethel, that the Lord should be his God, Gen. xxviii. 21. did oblige all that his posterity, virtually comprehended in him; he found him in Bethel, and there he spake with us, saith the prophet many hundred years after, Hos. xii. 4. The Israelites vow to destroy the Canaanites, did oblige all their posterity, Numb. xxi. 2. Not only by virtue of the Lord's command, but by virtue of their vow; as we are obliged to preserve the reformation, not only by virtue of the Lord's command, but by virtue of our covenants. Vows are bonds to the soul, which must stand, Numb. xx. 2, 4. And whereas it is said, that as a woman's father or husband might disannul her vow, and so the magistrate might abrogate the covenant: besides the impertinency of this comparison, as might be easy to demonstrate, it may be, by giving and not granting that he might do so; yet if the father and husband shall hold their peace, then all her vows shall stand, and her bonds wherewith she bound her soul shall stand, ver. iv. 7. but so it was, that the supreme magistrate did give his consent to the national covenant, and the successor did swear the solemn league and covenant, and received the crown on the terms thereof, to preserve and promote religion and liberty; and therefore his vows must stand, they cannot be made void afterwards; for, it is a snare to devour that which is holy, and after vows to make enquiry, Prov. xx. 25. So we find the Rechabites were obliged to observe the vow of their forefathers Jonadab, Jer. xxxv. 6. 14. And if the father's vow obliges the children, shall not the nation's vow oblige the posterity? 3. They are national oaths which do oblige posterity: Esau's oath to Jacob, resigning his birth-right, did oblige his posterity never to recover it, Gen. xxv. 33. Joseph took an oath of the children of Israel to carry up his bones into Canaan, Gen. 1. xxv. which the posterity, going forth of Egypt in after ages, found themselves straitly sworn to observe, Exod. xii. 19. and accordingly buried them in Shechem, Josh. xxiv. 32. The spies swore to preserve Rahab alive and her house, Josh. ii. 12, &c. which was without the consent of the magistrate, and yet Joshua found himself obliged to observe it, Josh. vi. 22. Moses swore unto Caleb to ensure him an inheritance, Josh. xiv. 9. and upon this ground he demands it as his right, ver. 12. which he could not do, if successors might reverse their predecessors lawful oaths.
The Lord will in a special manner, resent and revenge the posterities breach of the oath of their father's covenant, Ezek. xvi. 59. "Thus saith the Lord God, I will even deal with thee, as thou hast done, which hast despised the oath, in breaking the covenant," which was the covenant of their fathers. 4. They are national covenants, wherein king, parliament, and people do covenant with each other, for the performance of the respective duties of their several stations, either as to the work of reformation, or as to the preservation of each others mutual rights and privileges: so that they are national covenants made by men with men; and these we find do oblige the posterity. Israel's covenant with the Gibeonites did oblige the posterity, Josh. ix. 15, 19. and for the breach of it many ages after, the posterity was plagued, 2 Sam. xxi. 1. Zedekiah was bound by his predecessor's covenant, though it was such as made the kingdom base, yet in keeping it, it was only to stand. "Shall he break the covenant, and be delivered? Thus saith the Lord, as I live, surely mine oath that he hath despised and my covenant that he hath broken, even it will I recompense upon his own head," Ezek. xvii. 12, 14, 15, 19. The apostle says even of human covenants, "Though it be but a man's covenant, yet if it be confirmed, no man disannulleth or addeth thereunto," Gal. iii. 15. that is, cannot do so lawfully much less can one man disannul a nation's covenant. 5. They are national attestations of God as a witness, for the perpetuity, as well as fidelity of these sacred engagements. All such covenants, wherein the holy name of God is invocated as witness, are owned of God as his (hence the covenant betwixt David and Jonathan, is called the covenant of the Lord, 1 Sam. xx. 8.) and Zedekiah's fault was the breach of the Lord's covenant, Ezek. xvii. forecited. So likewise that covenant mentioned Jer. xxxiv. 8, 9, 10. wherein the princes and people did swear to let their Hebrew servants go free, is called God's covenant, verse 18. and upon this account sorer judgments are threatened, verse 19, 20. "And I will give the men that have transgressed my covenant, which have not performed the words of the covenant which they had made before me----into the hands of their enemies." Certainly this did oblige the posterity, at least not to recal these servants, and, it was always morally obliging. So our national covenant, sworn with hands lifted up to the most high God, being materially also binding, cannot be abrogated by the posterity except the Lord renounce his interest in them; as long as the witness liveth then, who claims them as his, they cannot be made void; especially considering. 6. They are national covenants made with God, as the other party contracting, in the matters of God, which none can dispense with, or grant remissions in; and therefore they must perpetually bind, until he loose them. And if even the posterity break them, the Lord will make them that hate them to reign over them, and he will bring a sword upon them to avenge the quarrel of his covenant, Levit. xxvi. 15, 17, 25. Such were all the national covenants of the Lord's people, renewed by Joshua, Asa, Jehoshaphat, Hezekiah, Josiah, Ezra, Nehemiah, for the breaches of which the Lord plagued the posterity. It was for breach of their fathers covenant with God, that the ten tribes were carried away captive, 2 Kings xvii. 15, &c. We have already experienced the threatned judgments for covenant breaking, and may look for more. 7. They are for their matter national covenants, about things moral objectively, obliging to join ourselves to the Lord in a perpetual covenant that shall not be forgotten, Jer. l. 5. I might easily demonstrate all the articles of the covenant to be morally binding, but they are demonstrated sufficiently above, Head 1. Arg. 11. therefore they are perpetually binding. 8. They are for their ends national covenants, inviolably obliging. Which cannot be made void, though they should be broken, because the ends of them are always to be pursued, as is proved above, Head 1. therefore they are perpetual. 9. They are for their formality national covenants, most solemnly sworn, and subscribed by all ranks, with uplifted hands, with bended knees, with solemn invocating the name of God, with solemn preaching, prayer and praise, rendering themselves and the posterity obnoxious to the curse, if they should break it. Now the solemnities of the oath do aggravate the heinousness of the breach of it, as is clear from Jer. xxxiv. 19. Ezek. xvii. 18. quoted above: the reason is, because of their greater deliberation in the action, and because of the greater scandal accompanying the violation thereof. Hence as they are national oaths and covenants so solemnized, they are national adjurations, under the pain of a national curse, not to break them nationally, which do make the posterity obnoxious to it; as Joshua adjured Israel, saying, "Cursed be the man that raiseth up, and buildeth this city Jericho," Josh. vi. 26. which was fulfilled many generations after, in the days of Ahab, upon Hiel the Bethelite, 1 Kings xvi. last verse. So the curse of introducing abjured prelacy and popery, if it be let in, will be impendent on the nation. All national covenants have a curse annexed, in case of a breach, whenever it shall be: so in Nehemiah's covenant, 'They clave to their brethren, and entered into a curse, and into an oath, to walk in God's law, which was given by Moses the servant of God, and to observe and to do all the commandments of the Lord our Lord, and his judgments and statutes;' particularly not to enter into affinity with their malignant enemies, Neh. x. 29, 30. which certainly did oblige the posterity, because the thing was moral; so in our covenants we are bound to the same things, and nothing but these: and therefore the posterity is liable to the curse of perjury, for the breach thereof. 10. They are for their legality national laws, being solemnly ratified by the parliament and by the king, and made the foundation of their compact with him at his inauguration, whereby they became the fundamental laws of the government, and among the very laws and rules of governing, which, though they be rescinded by a wicked law, yet make the rescinders chargeable not only of perjury, in breaking a covenant, but of treason and tyranny, in breaking and altering the constitution of the government, and render them liable to the curse thereof: for they cannot rescind that, nor escape its vengeance: whereof we have a speaking pledge already, in that the rescinder of these covenants was so terribly rescinded, and cut off by the hands of unnatural violence; God thereby fulfilling that threatned judgment of covenant breakers, that he hath broken his covenant shall be brought to destruction, and bloody and deceitful men shall not live out half their days; Psal. lv. 20. last verse. So Charles II. got not leave to live out half the days that he projected to himself. 11. They are national engagements of an hereditary nature, like that of Israel, Deut. xxix. 14, 15. which did oblige not only the present, but the absent, 'not only them that stood there that day before the Lord their God, but them that were not there that day.' Grotius de jur. bel. lib. 2. cap. 6. gives these marks of hereditary covenants, (1.) When the subject is of a permanent nature, and as long as the same body remains: therefore as long as Scotland is Scotland, whose people in their personal capacity, whose parliaments in their parliamentary capacity, whose king in his princely capacity, did all solemnly and sacredly engage in the covenant, it must be real and perpetually obliging. (2.) When there is such a clause in the covenant, as that it should be perpetual, there are many clauses in the solemn league to this purpose. In Art. 1. are these words, 'That we, and our posterity after us, may, as brethren, live in faith and love, and the Lord may delight to dwell in the midst of us.' In the 5th Art. 'We shall each one of us, according to our place and interest, endeavour that the kingdoms may remain conjoined in a firm peace and union to all posterity.' (3.) When it is such as is made for the good of the kingdom, the covenant expresses its end, for the perpetual good of the kingdom, 'having before our eyes the glory of God, the advancement of the kingdom of----Christ, the honour and happiness of the king and his posterity, and the true public liberty, safety, and peace of the kingdoms; wherein every one's private condition is included.' And again it is added, 'for preservation of ourselves and our religion from utter ruin and destruction.' All this is a public national good. (4.) The matter is moral, about materially binding duties, and therefore it must be hereditary, and of perpetual obligation. 12. Lastly, They are national obligations, taking on public duties, by way of virtual representation of the posterity. And they that think it irrational, that the father should represent and involve the family, must resolve us how the religious and civil covenants of Israel and Judah, made in Moses', Joshua's, David's, Asa's, Joash's, Hezekiah's, Josiah's and Nehemiah's days, did comprehend and bind as well the absent as the present, and their posterity, yet unborn; as also, how the laws and contracts continually passed by some do take in others, not personally consenting; yea, how comes it to pass, that every succeeding generation is bound to the laws, and must be obedient to the kings, that they did not make themselves, no reason can be given, but because they are virtually represented by, and included in their fathers. Now, if these arguments prove our national covenants to be perpetually binding, and cannot be dispensed with, then must these posterior oaths that are made in a diametrical opposition to the covenants, and are condemned by the covenants, be false and unlawful oaths; but the first is proved: therefore these oaths so opposite to, and condemned by the covenants, are false and unlawful. That they are opposite to the covenant, will appear in the induction of all of them. And that, whatever they be imposed by this party, they are condemned by the covenants, wherein we are obliged to make no such transactions with them, will appear if we consider these and the like expressions, 'That we shall neither directly, nor indirectly, suffer ourselves to be divided by whatsoever suggestion, allurement, or terror, from this blessed conjunction, nor shall cast in any let or impediment that may stop or hinder any such resolution, as shall be found to conduce for so good ends.' Which are the words of the national covenant, clearly condemning oaths and bonds given to malignants, which are divisive of them that adhere to, and unitive with them that oppose the covenant, and impeditive of resolutions to prosecute the ends thereof. So, in the solemn league and covenant, Art. 4. 'We are obliged to oppose all such as make any faction or parties amongst the people contrary to this league and covenant; but by these oaths and bonds, such factions are made,' &c. And by Art. 6. 'We are obliged to assist and defend all those that enter into this covenant (contradicted by all the latter oaths and bonds) and not to suffer ourselves directly, or indirectly, by whatsoever combination,----to be divided----from this blessed union,----whether to make defection to the contrary part, or to give ourselves to a detestable indifferency,' &c. Which we do, when we divide ourselves from these that refuse these oaths, and make defection unto the party that impose them. And in the solemn acknowledgment of sins, and engagement to duties, 'We are sworn, sect. 6. to be so far from conniving at, complying with, or countenancing of malignancy, injustice, &c. that we shall not only avoid and discountenance these things, &c. but take an effectual course to punish and suppress these evils.' All which we counteract and contradict, when we take any of these oaths or bonds.
In the second place, by a particular induction of the several kinds of these oaths and bonds, the iniquity of each of them will appear; and the complex iniquity of the smoothest of them, the oath of abjuration compared with every one of them, will be manifest. And consequently the honesty and innocency of sufferers for refusing them will be discovered.
1. The first in order, which was a copy to all the rest, was the declaration, ordained to be subscribed by all in public charge, office, or trust, within the kingdom: 'Wherein they do affirm and declare, they judge it unlawful to subjects, upon pretence of reformation, or any other pretence whatsoever, to enter into leagues and covenants, or take up arms against the king,----and that all these gatherings,----petitions, protestations----that were used----for carrying on of the late troubles, were unlawful and seditious; and particularly that these oaths,----the national covenant,----and the solemn league and covenant, were and are in themselves unlawful oaths.' Here is a confederacy required against the Lord, at which the heavens might stand astonished; an unparalelled breach of the third command. Which could no more be taken in truth and righteousness, than an oath renouncing the bible; but it hath this advantage of the rest; that it is somewhat plain, and the iniquity legible on its front. 1. That it is a renouncing of solemn and sacred covenants, perpetually binding to moral and indispensible duties, the wickedness whereof is evident from what is said above. 2. It makes perjury of the deepest dye, the absolute necessary qualification of all in public office, who cannot be presumed capable of administrating justice, when they have avowed themselves perjured and perfidious, and not to be admitted among heathens, let be Christians, nor trusted in a matter of ten shillings money, according to the laws of Scotland. 3. It renounces the whole work of reformation, and the way of carrying it on, as a pretence and trouble unlawful and seditious, which if it be a trouble, then the peace they have taken in renouncing it, must be such a peace as is the plague of God upon the heart, filling it with senselesness and stupidity in his last judgment, because of the palpable breach of covenant; or such a peace, as is very confident with the curse and vengeance of God, pursuing the quarrel of a broken covenant. 4. It condemns the taking up arms against the king, which shall be proven to be duty. Head 5. Besides, that hereby the most innocent means of seeking the redress of grievances, that religion, risings, law, and practice of all nations allows, is condemned. Yet, in effect, for as monstrous as this oath is, the complex of its iniquity is touched in the oath of abjuration; in which many of these methods of combinations, risings and declarations of war against the king, and protestations against his tyranny, which were used in the late troubles for carrying on the reformation, are abjured; in that a declaration is renounced, in so far as it declares war against the king, and asserts it lawful to kill them that serve him: which yet, in many cases in the covenanted reformation here renounced, were acknowledged and practised as lawful, besides that it hath many other breaches of covenant in it, as will be shewed.
II. The next net they contrived to catch consciences, was the oath of allegiance and supremacy: 'Wherein they that took it for testification of their faithful obedience to their most gracious and redoubted sovereign, Charles king of Great Britain,----do affirm, testify, and declare,----That they acknowledge their said sovereign, only supreme governor of this kingdom, over all persons and in all causes; and that no foreign prince----hath any jurisdiction, power, or superiority over the same; and therefore do utterly renounce all foreign power,----and shall, at their utmost power, defend, assist, and maintain his majesty's jurisdiction foresaid,----and never decline his power----.' The iniquity of this oath is very vast and various, 1. It is a covenant of allegiance with a king, turned tyrant and enemy to religion, subverter of the reformation, and overturner of our laws and liberties: and therefore demonstrate to be sinful both from the first general argument against oaths, and from head 2d. 2. It cannot be taken in truth, righteousness, or judgment: because the words are general and very comprehensive, and ambiguous, capable of diverse senses; when he is affirmed to be supreme over all persons, and in all causes, and to be assisted, and maintained, in that jurisdiction. Who can be sure in swearing such an oath, but that he may thereby wrong others, wrong parliaments in their privileges, wrong the church in her liberties, and which is worse, wrong the Lord Jesus Christ, who is supreme alone in some causes? Can an oath be taken in truth and righteousness, to assist him in all encroachments, upon causes that are not subordinate to him? And in invading all those privileges of subjects, which are natural, civil, moral, and religious? For if he be supreme in all causes, then all these depend upon him, and be subordinate to him. And can it be taken in judgment, and with a clear mind, when it may be debated and doubted (as it may by some) whether the obligation of it is to be considered, as circumstantiate and specificate to the present object of it, supposing him a tyrant? Or in a more abstract notion, as it might be rendered in the sense of its first authors as it was taken in king James the VI's days, and as they plead for taking the English oath of allegiance, as it was excepted by the Puritans in queen Elizabeth's days? Whether it obliges to a king in idea, and in a more general consideration, as one who is said never to die? Or with reference to such an one as we have, a mortal man, and an immortal enemy to all those precious interests, for preservation of which he only received his kingship? Whether it must be taken in that of the imposers, practically explained by their administrations? Or in any other sense, alledged more legal? These would be clear, before it can be taken with the due qualifications of an oath. 3. As for the civil part of it, or ecclesiastical, no other examination needeth to be enquired after, than what they give forth on their acts on record: the act of supremacy (to be seen in the historical representation of the sixth and last period,) senses the ecclesiastical part of it: and the act for acknowledgment of his Majesty's prerogative does sufficiently sense, explain and expound the civil part; declaring, 'That it is inherent in the crown, and an undoubted part of his royal prerogative,----to have the sole choice and appointment of all officers of state,----the power of calling, holding, and dissolving parliaments and all conventions and meetings of estates,----the power of armies, making of peace and war, treaties and leagues with foreign princes or states, or at home by the subjects among themselves:----and that it is high treason in the subjects,----upon whatsoever ground to rise----in arms,----or make any treaties or leagues----among themselves: without his majesty's authority first interponed thereto; that it is unlawful to the subjects, of whatsoever quality or function to convocate----themselves, for holding of councils to treat, consult, or determine in any matters civil or ecclesiastic, (except in the ordinary judgments) or make leagues or bonds upon whatsoever colour or pretence, without his majesty's special consent,----that the league and covenant, and all treaties following thereupon, and acts or deeds that do or may relate thereunto, are not obligatory,----and that none----should presume, upon any pretext of any authority whatsoever, to require the renewing or swearing of the said league and covenant,' &c. Whereby it appears, that all this screwing up the prerogative to such a pitch is by the oath of allegiance to defend all this jurisdiction justified: and so, these palpable encroachments on the privileges of the Scots parliaments, that, by the fundamental constitutions of the government always had a share in making laws, and peace and war: these robberies of our natural privileges of defending ourselves by arms, in case of the king's tyranny and oppression, and of convocating for consultations about the best means thereof; and these invasions upon our ecclesiastical privileges, in keeping general assemblies for the affairs of religion for an affair newly happening, always strenuously contended for as a part of the testimony; yea, all these rescindings, repealings, and condemnings of the way and manner, methods and measures, of promoting the covenanted reformation, are by this oath explained, and by this act acknowledged to be parts of that supremacy and jurisdiction to be defended and maintained: as likewise, by many wicked acts since promulgated, which promote the supremacy to a vast degree of absoluteness, which all do interpret what that supremacy is which is sworn to be maintained, to wit, pure tyranny established by law. See the many grievous consequences of this laid out at large, in Apol. Relat. Sect. 10. 4. Here is absolute allegiance sworn to an absolute power, paramount to all law, engaging to faithful obedience to their sovereign, as supreme over all persons, and in all causes----and to defend, assist, and maintain his said jurisdiction, and never to decline his power: there is no restriction here on obedience, nor limitation on the power, nor definition of the causes, nor circumscription of the cases, in which that assistance, &c. is to be given, whether they be lawful or not. Now, absolute allegiance to an absolute power cannot be sworn by any man of conscience, nor owned by any man of reason, as is proven, Head 2. Arg. 6. It cannot be lawful in any sense, to swear such an oath to any mortal, nay, not to a David nor Hezekiah: because to swear unrestricted and unlimited allegiance to any man, were a manifest mancipating of mankind, not only to an ass-like subjection, but to a servile obligation to maintain and uphold the persons and government of mutual men, be what they will, turn to what they will; it is known the best of men may degenerate: and by this no remedy is left to redress ourselves, but our heads, hearts, and hands all tied up under an engagement to defend, assist, and maintain whosoever doth hold the government, manage it as he pleases. This reason will also conclude against the English oath of allegiance, though it be a great deal more smoothly worded, and seems only to require a rejection of the Pope, and legal subjection to the king; yet, that comprehensive clause makes it border upon absoluteness, I will bear faith and true allegiance to his majesty's heirs and successors, and him and them will defend to the uttermost of my power, against all conspiracies and attempts whatsoever. There are no conditions here at all, limiting the allegiance, or qualifying the object; but an arbitrary imposition of true allegiance and defence, in all cases, against all attempts, (even that of repressing their tyranny not excepted), not only of their persons, but of their dignities, if this be not an illimited allegiance to an absolute power, I know not what is. 5. Here is an acknowledgment of the ecclesiastical supremacy resident in the king: which is the most blasphemous usurpation on the prerogatives of Christ, and privileges of his church that ever the greatest monster among men durst arrogate: yea, the Roman beast never claimed more; and, in effect, it is nothing else but one of his name of blasphemy twisted out of the Pope's hands by king Henry the VIII. and handed down to queen Elizabeth, and wafted over to James the VI. for that was the original and conveyance of it. The iniquity whereof is discovered above, Head 1. Arg. 3. But further, may be aggravated in these particulars, (1.) It is only a change of the Pope, but not of the popedom; and nothing else but a shaking off the ecclesiastical pope, and submitting to a civil pope, by whom Christ's hardship is as much wronged as by the other: and hereby a door is opened for bringing in popery (as indeed by this stratagem it is brought now to our very doors) for by the act of supremacy he hath power to settle all things concerning doctrine, worship, discipline or government, by his clerks the bishops, having all the architectonic power of disposing, ordering, and ordaining these, as he in his royal wisdom thinks fit. (2.) By this church and state are confounded (whereof the distinction is demonstrate above) making the magistrate a proper and competent judge in church matters, not to be declined; whereby also he hath power to erect new courts, mongrel judicatories; half civil, half ecclesiastic, which have no warrant in the word. (3.) By this, many palpable and intolerable encroachments made upon the liberties and privileges of the church of Christ are yielded unto; as that there must be no church-judicatories or assemblies, without the magistrate's consent, but that the power of convocating and indicting assemblies do belong only to him, and the power of delegating and constituting the members thereof, that he may dissolve them when he pleases; that his presence, or his commissioners, is necessary unto each national assembly; that ministers have no proper decisive suffrage in synods, but only of advice; that the church judicatories be prelimited, and nothing must be treated there, which may be interpreted grating upon the prerogative, nor any thing whatsoever, but what he shall allow and approve, without which it can have no force nor validity; yea, by this a door should be opened unto the utter destruction and overthrow of all church-judicatories, seeing he is made the fountain of all church power. (4.) By this, the magistrate is made a church-member as he is a magistrate, and so all magistrates as such are church-members, even heathens. And yet, (5.) By this he is exempted from subjection to the ministry, because they are made accountable to him in their administrations, and in the discharge of their function are under him as supreme. Yea, (6.) By this the magistrate is made a church officer, having the disposal of the church's government. And not only so, but (7.) By this he is made a church officer of the highest degree, being supreme in all causes, to whom ministers in the discharge of their ministry are subordinate. And so, (8.) By this the church of the New Testament is made imperfect, so long as she wanted a Christian magistrate, wanting hereby a chief officer; yea, and the apostles did amiss in robbing the magistrate of his power. (9.) By this the magistrate might exercise all acts of jurisdiction, immediately by himself; seeing he can do it as supreme by his commissioners in ecclesiastic affairs. (10.) Finally, by this oath the king is made the head of the church, being supreme over all persons, and in all causes, unto whom all appeals and references must ultimately be reduced, even from church judicatories. Those things are only here touched they are more apodictically confirmed above, and may be seen made out at large in Apol. Relat. Sect. 12. But I proceed. 6. It is contrary unto the solemn League and Covenant; into whose place, after it was broken, burnt, buried, and rescinded, since they have remitted the subjects allegiance by annulling the bond of it, they substitute and surrogate this in its place: and therefore none can comply with the surrogation of the second, except he consent to the abrogation of the first oath. All the allegiance we can own according to the covenants, stands perpetually and expresly thus qualified, viz. in defence of religion and liberty, according to our first and second covenants, and in its own nature must be indispensibly thus restricted: therefore to renew the same, or take an oath of allegiance simply, purposely omitting the former restriction, when the powers are in manifest rebellion against the Lord, is, in effect, a disowning of that limitation, and of the sovereign prerogative of the great God, which is thereby reserved and as much as to say, 'Whatever authority command us to do, we shall not only stupidly endure it, but actively concur with, and assist in all this tyranny.' See Naph. first edition, Pag. 177, 178. Vindicated at length by Jus Populi. chap. 11. By all this the iniquity of the Scots oath of allegiance and supremacy may appear, and also that of the English oath of allegiance, even abstract from the supremacy, is in some measure discovered; though it is not my purpose particularly to speak to that: yet this I will say, That they that plead for its precision from the supremacy annexed seem not to consider the full import of its terms; for under the dignities, superiorities and authorities, there engaged to be upheld, the ecclesiastical supremacy must be included; for that is declared to be one of the dignities of the crown there, as well as here; and hither it was brought from thence. And therefore those Scots men that took that oath there, and pled, that though the oath of allegiance in Scotland be a sin, yet it is duty to take the oath in England, seem to me to be in a great deceit: for the object is the same, the subject is the same, the duty expected, required, and engaged into, is the same, and every thing equal in both. Yet all this iniquity, here couched, is some way comprehended in, and implied by the oath of abjuration: for the civil part is imported in abjuring a declaration, for its declaring war against the king, where it is clear, he is owned as king, and all part with them that declare war against him being renounced, it is evident the abjurers must take part with him in that war, and so assist and defend him; for being subjects, they must not be neutral, therefore if they be not against him, they must be for him, and so under the bond of allegiance to him: the ecclesiastical supremacy is inferred from that expression of it, where some are said to serve him in church, as well as in state, which implies an ecclesiastical subordination to him as supreme over the church.
III. The tenor of some other bonds was more smooth and subtile, as that of the bond of peace; several times renewed and imposed, and under several forms; but always after one strain; engaging to live peaceably, whereby many were caught and cheated with the seeming fairness of these general terms; but others discerning their fallaciousness, refused and suffered for it. This in the general is capable of a good sense: for no Christian will refuse to live peaceably, but will endeavour, if it be possible, as much as lieth in them, to live peaceably with all men, Rom. xii. 18. that is, so far to follow peace with all men, as may consist with the pursuit of holiness, Heb. xii. 14. But if we more narrowly consider such bonds, we shall find them bonds of iniquity. For, 1. They are covenants of peace, or confederacies with God's enemies, whom we should count our enemies, and hate them because they hate him, Psal. cxxxix 21. It is more suitable to answer, as Jehu did to Joram, 2 Kings ix. 22.----What peace, so long as the whoredoms of thy mother Jezebel, and her witchcrafts are so many? than to engage to be at peace with those, who are carrying on Babylon's interest, the mother of harlots and witchcrafts. 2. This cannot be taken in truth, judgment, and righteousness, because of the fallacy and ambiguity of the terms: for there are diverse sorts of peace and peaceableness; some kind is duty, some never. It must then be rightly qualified, for we can profess and pursue no peace of confederacy with the enemies of God, not consistent with the fear of the Lord, otherwise we cannot expect to have the Lord for a sanctuary, but for a stone of stumbling, Isa. viii. 8, 12,----14.----No peace obstructing the gospel or testimony, or abstracting from the duty of the day: no peace tending to sinful security, Jer. viii. 11. No peace leading to slavish stupidity; no peace prompting to preposterous prudence, in palliating sin, or daubing defections with untempered morter; no peace inconsistent with truth; they must go together, Zech. i. 19. No peace that may not be followed with holiness, Heb. xii. 14. But it must be so qualified, that it be in the Lord, in truth, in duty, contributing for the good of the church, Psal. cxxii. 8, 9. and the fruit of that wisdom, which is first pure, and then peaceable, James iii. 17. Now, all that know the imposers of these bonds, will acknowledge that is not the peace they are seeking. 3. If we further enquire into their meaning of living peaceably, and seek a determinate sense of it from their acts and actings, it is plain they mean such a peaceable living, as gives obedience to their wicked laws, and is a compliance to their established courses: and it must be such a peaceable living, as is opposite to their sense of sedition, rebellion, schism, &c. Which they interpret every seasonable duty to be: and it must be such a peaceable living, as they were presumed not to have been observant of before; and whatever it be, must be opposite to that with which they were charged as turbulent, and so contrary to all the duties of our covenanted profession, as going to meetings, withdrawing from the curates, &c. Which they interpret not to be peaceable living. 4. This is contrary to our covenants, which oblige us to a constant contending with, and opposition to them. Yet all this is engaged into in the oath of abjuration, which abjures all war against the king, and all doing injury to them that serve him, and consequently to peace, and living peaceably with them.
IV. Of affinity to this were many other bonds of regularity, frequently renewed and generally imposed, and that with unparalleled illegality and rigour; sometimes by hosts of savage Highlanders; sometimes by circuit courts, and by heritors upon their tenants, and with such unheard of involvments, that the master or heritor was obliged for himself, his wife, children, servants, tenants, and all under him, to live orderly; which in some was more bluntly expressed, in others more flatly explained, that they should keep the public ordinances, that is, hear the curates, and not go to any seditious conventicles, (so they called the persecuted meetings of the Lord's people for the worship of God) and in others yet more impudently exacted, that they should not harbour, entertain, or correspond with any that went to these meetings, but discover and assist to the apprehending of them. There were several forms of them from time to time, some longer, some shorter; but all of them, first and last, were to the same sense and scope. And the most favourably worded had much wickedness in them: for, 1. They are covenants of order, and coming under the same rule with themselves, which is nothing but their lusts and mischiefs framed into law, not according to the rule of the word of God, but the iniquitous laws of men. 2. They could not be taken in truth, judgment, and righteousness: for either they were ambiguous, or their plain sense obliged to manifest iniquities, to conform with all their enacted corruptions. 3. They are clear breaches of covenant, which obliges to another kind of orderliness, and to follow other rulers, and take none from them in the matters of God. 4. They are impossible, and absurd; obliging masters to bind for all under them, that could neither lie in their power, nor in their duty, to restrain their liberty in these lawful things, and to constrain and compel their consciences to sin. 5. They are unnatural and cruel, obliging the takers to partake with them in their persecution of the godly. 6. They were engagements to hear curates, which is proved to be sin, head 1. throughout. 7. They were engagements to withdraw from the meetings of the Lord's people, proved to be duty, head 4. Yet the oath of abjuration is some way equivalent to this, in that it obliges the abjurers to renounce disorderliness in their sense, and to do no harm to the time-serving orderly clergy or laity, serving and prosecuting their wicked orders.
V. Some other bonds of that nature, and oaths frequently put to suffering people when taken prisoners, did require peaceableness and orderliness, in this stile, that they should either tacitly or expresly condemn some risings in arms, as at Pentland, Bothwel, &c. to be rebellion against the king, and a sin against God, and engage never to rise in arms against the king, or any commissionate by him, upon any pretence whatsoever. The iniquity whereof is manifest: For, 1. This is a covenant equivalent to a league offensive and defensive with them, obliging never to offend or oppose them, nor to defend nor rescue our brethren against and from their murdering violence. 2. This could not be taken in truth, judgment, and righteousness: for who can tell how far that may extend, upon any pretence whatsoever? This may oblige us to make a stupid surrender of our lives, when the king turns so tyrannical, as to send his cut-throats to demand them, or authorizes his bloody papists to massacre us, them we must not resist upon any pretence. 3. It is contrary to our covenants, that allow resistance in some cases, and oblige to assist and defend all that enter under the bond thereof. 4. This infers an owning of the present authority, as the irresistible ordinance of God, and an obligation of living peaceably in subjection under it; disproved above. To which I shall add a part of that forecited letter of Mr. Rutherford's, the 63d in number of the third part of his printed letters, which are a clear vindication of the principles and practice of our conscientious sufferers on this point: 'There is a promise and real purpose, (saith he) to live peaceably, under the king's authority; but (1.) You do not so answer candidly and ingeniously the mind of the rulers, who to your knowledge, mean a far other thing by authority than you do: for you mean his just authority, his authority in the Lord----in the maintainance of true religion, as in the covenant, and confession of faith----is expressed from the word of God; they mean his supreme authority, and absolute prerogative about laws, as their acts clear, and as their practice is; for they refused to such as were unwilling to subscribe their bond to add, authority in the Lord, or just and lawful authority, or authority as it is expressed in the covenant; but this draught of a petition yields the sense and meaning to them which they crave. (2.) That authority for which they contend, is exclusive of the sworn covenant; so that except ye had said, Ye shall be subject to the king's authority in the Lord, or according to the sworn covenant, you say nothing to the point in hand, and that sure is not your meaning. (3.) Whoever promises so much of peaceable living under his majesty's authority, leaving out the exposition of the fifth command,--may, upon the very same ground subscribe the bond refused by the godly, and so you pass from the covenant, and make all these bypast actings of this kirk and state these years bypast to be horrid rebellion, and how deep this guilt draws, consider.' 5. This would infer, though the king should send and kill us, we must not resist, nor defend our own lives: yet, being an oath against the sixth command, which enjoineth natural self-preservation, it should be intrinsically sinful; and 'tis all one to swear to non-preservation of self, as to swear to self-murder. 6. I hope to make it appear in the fifth head, that this is against the practice of nations, the law of nature, and the word of God. Yet all this complex iniquity is clearly comprehended in the oath of abjuration, in terms abjuring all war against the king.
VI. There were some other oaths, frequently obtruded upon people, for refusing which they have suffered great cruelties, that can hardly be described by any name; nor can their imposition have a parallel in any age or place, for illegality, inhumanity, arbitrariness, and odiousness. These were the oaths of inquisition, or things beyond all enquiry: whereby people were pressed to answer the inquisitors, according to all their knowledge of things they were interrogate upon, and delate and discover intercommuned persons in their wanderings, or such whole names were in their Porteous rolls, &c. And power was given to single soldiers, to press these oaths upon whom they pleased. The iniquity of which is monstrous: For, 1. This was the worst kind of combination with these blood hounds, to abet and assist them in their pursuing after the Lord's people: which is worse than to be bare consenters to such wickedness, or to be onlookers to their affliction in the day of their calamity; but like that sin charged upon Edom, that they delivered up those of his that did remain in the day of distress, Obad. ver. 13, 14. for these that took oaths, obliged themselves to do all they could to deliver up the remnant that escaped; and if they did not, no thanks to them; if they could not, their sin was in their willingness: it they would not, and yet swore would contribute their help towards it, by telling of all they knew, that was horrid perjury and false swearing. 2. This could be no ways capable of the qualification of an oath; not only because the matter is wicked and unnatural, to discover, may be, the husband, or children, or nearest relations, to please men, or save their own life, which was a great tentation; and therefore in it there could be no deliberation in swearing: but also for the doubtful perplexity confounding the mind, that they either could not, nor durst not tell of all they knew, and yet swore to do it. 3. It is against the covenant, which obliges to discover malignant enemies, and assist our covenanting brethren, and not to discover them, and assist malignant enemies; which is a perfect inverting the fourth and sixth articles of the covenant. 4. It is contrary to clear precepts in scripture, to assist and defend our brethren, to make our shadow as the night in the midst of the noon-day, and hide the outcast, and bewray not him that wandereth, Isa. xvi. 3, 5. The illegality of this imposition makes it very absurd, that every pitiful officer or soldier should be empowered to impose and exact oaths, and impanel and examine witnesses, about alledged criminals. Yet the monstrousness of this oath serves to aggravate the oath of abjuration; in that the abjurers do renounce their part of, and disown the declarers of that abjured declaration, and so do as much as from them is required, to give them up for a prey to their hunters; yea they declare them murderers, in that they abjure their declaration as asserting murder; and consequently they must be obliged to discover them to their acknowledged judges.
VII. The abominable test comes next: which needs no other refutation than to rehearse it; the substance whereof was a solemn swearing, 'That they owned and sincerely professed the true protestant religion, contained in the confession of faith, recorded in the first parliament of king James VI.----and that they would adhere thereunto all the days of their life,----and never consent to any change or alteration contrary thereto,----but renounce all doctrines, principles, practices, whether popish or fanatical, contrary thereto.----And they swear, that the king is the only supreme governor of this realm, over all persons, in all causes, as well ecclesiastical as civil,----and promises to bear faith and true allegiance to the king's majesty, his heirs and lawful successors, and to their power shall assist and defend all rights, jurisdictions, prerogatives,----belonging to them----and affirm----it----unlawful for subjects, upon pretence of reformation, or any other pretence whatsoever, to enter into covenants----or to convocate, conveen, or assemble----to treat, consult, or determine in any matter of state, civil or ecclesiastic, without his majesty's special command or to take up arms against the king, or these commissionate by him----and that there lies no obligation on them, from the national covenant, or solemn league and covenant----to endeavour any change or alteration in the government, either in church or state, as it is now established by the laws of the kingdom----and they shall never decline his majesty's power and jurisdiction----and finally, they swear, that this oath is given in the plain genuine sense and meaning of the words, without any equivocation, mental reservation, or any manner of evasion whatsoever.' This is the complement of a wicked conspiracy, couching in its capricious bosom the complication of all their mischiefs, comprehending all, and explaining all the former: which indeed cannot be taken with any equivocating evasion, that can escape either the stigma of nonsense and self contradiction, or the censure of atheism and irreligion, or the sentence of divine vengeance against such baffling the name of God. The best sense that can be put upon it, is that which a poor sot expressed, when it was tendered to him, prefacing thus before he took it, Lord have mercy upon my soul. For, 1. It is not consistent with itself, there being such contradictions between that confession of faith and the following part, that no man can reconcile, some whereof may be instanced as follows; (1.) In the 11th art. of that confession, intituled, of Christ's ascension, it is said, 'That Christ is the only head of the church, and just lawgiver, in which honours and offices, if men or angels presume to intrude themselves, we utterly detest and abhor them, as blasphemous to our sovereign and supreme governor Christ Jesus.' And a little before in that same article, it is said, 'This glory, honour and prerogative he alone among the brethren shall possess.' And in the 16th Art. of the kirk, 'Christ is the only head of the same kirk.' And yet in the test, the king is affirmed to be the only supreme in all causes ecclesiastical. (2.) In the 14th Art. among good works are reckoned these: 'To obey superior powers and their charges (not repugning to the commandment of God) to save the lives of innocents, to repress tyranny, to defend the oppressed.' And among evil works these are qualified, 'To resist any that God hath placed in authority (while they pass not over the bounds of their office.') And Art. 24th, it is confessed, 'That such as resist the supreme power, doing that which pertains to his charge, do resist God's ordinance,----while the princes and rulers vigilantly travel in the execution of their office.' And yet in the test, true allegiance is engaged into without any such limitations; and it is affirmed to be unlawful, upon any pretence whatsoever, to convocate, &c. or to take up arms against the king. (3.) In the 14th Art. 'Evil works are affirmed to be, not only those that expresly are done against God's commandment, but those also that, in matters of religion, and worshipping of God, have no other assurance but the invention and opinion of men.' And Art. 18th, among the notes of the true church, 'ecclesiastical discipline, uprightly ministred, as God's word prescribes, whereby vice is repressed, and virtue nourished, is one.' In Art. 20th. 'The voice of God and constitution of men are opposed.' And yet in the test, they swear never to endeavour any change or alteration in the government of the church----as it is now established; whereof many things must be altered, yea, the whole form and frame of it, if these propositions be true, as they are. (4.) In the test, they swear never to consent to any change or alteration, contrary to that confession, and that all principles and practices contrary thereto are popish and fanatical (for so they divide them into one of these disjunctively) then must all the following principles in their test be renounced as such, seeing they are contrary to that confession in some propositions or articles; and that the government established by that confession was presbyterian, and this established by the test is episcopal. 2. It comprehends all the former oaths and bonds, which are cleared above to be sinful. Yet for as wicked as it is, it must be some way homologated by the oath of abjuration, excepting the contradiction that is in it; seeing all these oppositions against the king, sworn against in the test, are abjured and renounced in that oath of abjuration, in renouncing all declarations of war against the king; for if any war can be undertaken against him, all these kinds of opposition must be allowed, that are in the test sworn against.
VIII. In the last place, I shall come to consider more particularly the oath of abjuration itself; for refusing of which, the sufferings were more severe (being extended even to death or banishment) though the words be more smooth than in any of the former, which are these: 'I----do abjure, renounce, and disown a late pretended declaration, affixed on several market crosses, &c. in so far as it declares war against the king, and asserts it lawful to kill any that serve his majesty in church, state, army or country.' That the taking of this oath is a step of compliance, dishonourable to God, derogatory to the day's testimony, contradictory to the many reiterated confessions of Christ's worthy (though poor despised) witnesses, sealed by their blood, bonds and banishments, encouraging and gratifying to the enemies of God, hardening to backsliding brethren, offensive to the generation of the righteous; stumbling to all, leaving a stain and sting upon the conscience of the subscriber, I shall endeavour to make out by these considerations.
1. Considering the party who imposed it; it must be looked upon as a confederacy with them, being tendered upon all the subjects, as a test of their incorporating themselves with, and declaring themselves for their head, and siding with them and him, in this their contest and contention with a poor remnant of the Lord's people, persecuted and murdered by them for truth and conscience sake, who issued forth that declaration against them, here abjured. Therefore let the party be considered, imposing the oath with such rigour, and prosecuting the refusers with ravenous rage, murdering and torturing all who did not comply with them, declaring a war more formally and explicitely against Christ as king, and all that will dare to assert their allegiance to him; under an open displayed banner of defiance of him and his, than even mortals durst espouse and avouch: the head of that treacherous and truculent faction, both he who was first declared against in that declaration, and he who hath by bloody and treacherous usurpation succeeded to him, being such a monster for murder and mischief, tyranny, oppression and perfidy, that among all the Nimrods and Nero's that past ages can recount, we cannot find a parallel, by all law divine and human, incapable of government, or any trust, or so much as protection, or any privilege, but to be pursued by all, as a common enemy to mankind: and his underlings, agents and complices, devoted to his lust, and serving his wicked designs, in their respective offices and places of trust under him, which by his nomination and sole appointment they have been erected to, and established in, with the stain and indelible character of perjury, the only qualification of their being capable of any advancement, occupying by usurpation, intrusion and violence, the public places of judicatories, and carrying all so insolently and arbitrarily, and with an effrontery of wickedness and despight of all reason, religion or justice, that they cannot but be looked upon as the most pestilent and pestiferous plague that ever pestered a people: the taking then of this oath, by them projected as a pest to infect consciences, with, and pervert them to wicked, truth deserting and law perverting loyalty, and imposed as a test of compliance with them and coming off from that little flock whom they design to devour and destinate to destruction; must be in their own esteem, as well as of the generation of the righteous, to their satisfaction, and the others sorrow, a real incorporating with them, an owning of their usurped power as judges to administer oaths, giving them all obedience they required for the time to their authority, and all the security they demanded for the subscribers loyalty, an approving of all their proceedings in that matter, and transacting, tampering, and bargaining with these sons of Belial, out of fear, whereby a right is purchased to that common badge of their owned and professed friends, who (upon taking that oath) had from them a privilege and allowance to travel and traffic (where and how they will) through the country, denied to all other that wanted that badge; I mean the pass or testificate they got from them thereupon, which was the mark of that secular beast of tyranny, no less pernicious to the world than popery hath been to the church, and which was given to all the takers of the oath, as a mark or tessera, that they were no enemies to the government, as they call it. O base and unworthy livery! for the suffering sons of Zion to put on the signature of the society of her devourers. Hence, if covenants and confederacies, declaring we are on their side, cannot be made with the enemies of religion, then this oath could not be taken lawfully; but the former is proved above: therefore the latter follows. This will yet more appear,
2. If we consider the party that set forth that declaration, whom the proclamation against it represents so odiously and invidiously, whom the oath imposed obliges us to condemn; being so represented, as if they were maintainers of murdering principles, and perpetrators of assassinating villanies, inconsistent with peace or any good government, and therefore to be exterminated and destroyed out of the land, whom therefore they prosecute and persecute so cruelly to the effusion of their blood, under colour of law. 1. The takers of this oath must have formally, under their unhappy hand, disowned and renounced them, and all part or interest in them, or society or sympathy with them; who yet are known to be the suffering people of God, more earnestly contending, witnessing, wrestling for the faith and word of Christ's patience, and have suffered more for their adherence to the covenanted reformation of the church of Scotland, and for their opposition to all its deformations and defections, than any party within the land: yet them have they rejected as their companions, though with some of them sometimes they have had sweet company and communion to the house of God, by abjuring and condemning their deed which duty and necessity have drove them to. 2. Hereby they have presumptuously taken upon them, to pass a judgment upon the deed of their brethren, before their murdering enemies? and that not a private discretive judgment, but a public definitive sentence (in their capacity) by the most solemn way of declaring it, that can be, by oath and subscription under their hand; whereby they have condemned all the sufferings of their brethren, who sealed their testimony in opposition to this compliance with their blood, and finished it with honoured joy, as foolish and frivolous profusion of their own blood, nay, as just and legally inflicted and executed upon them, as being rebels, of murdering principles and practices: for this cannot be vindicated from a more than indirect justifying of all the murdering severity executed upon them. 3. And hereby they have unkindly and unchristianly lifted themselves on the other side against them, and take part rather with their enemies than with them; for thus they used to plead for it, when they pressed this oath upon them that scrupled it; when any war is declared against the king, 'any of his majesty's soldiers may question any man whom he is for, and if he be not for the king, he may act against him as an enemy, and if they will not declare for the king and disown the rebels, they are to be reputed by all as enemies.' Which, whatever weakness be in the arguing, plainly discovers, that they take the abjuring of that declaration, in that juncture, to be a man's declaring of what side he is for, and that he is not for the emmitters of that declaration, but for the king and his party: which, in the present state of affairs, is a most dreadful owning of Christ's enemy, and disowning of his friends. Hence, a disowning of the Lord's persecuted people, and condemning their practice, and an owning of their persecutors, and espousing their side of it, is a sinful confederacy; but the taking of this oath is such, as is evident by what is said; therefore it is a sinful confederacy.
3. Considering the nature, conditions, and qualifications of so solemn and serious a piece of God's worship, and way of invocating his holy name, as an oath is; it will appear, that the taking of this imposed oath of abjuration, was a dreadful and heinous breach of the third command, by taking his name in vain, in the worst sort, and so cannot be holden guilty. I prove it thus: An oath which cannot be taken in truth, judgment and righteousness, is a breach of the third command; but this is an oath which cannot be in truth, judgment and righteousness: which is evident; for, 1. It cannot be taken by any conscientious man in truth, in sincerity of the heart, simplicity of the mind, singleness and honesty in the intention, not putting any other sense than the imposer hath, and which is the clear sense of it without oath and beyond it. For if he take it according to the meaning, then he should swear it unlawful ever to declare war against the king, and consequently never to rise in arms against him upon any pretence whatsoever: for, if we may rise in arms for our own defence, we make and must declare a defensive war. And indeed, in themselves, as well as in their sense and meaning who imposed them, these two oaths never to rise in arms against the king, and this of abjuration, are one and the same. Then also should we swear it unlawful, at any time, upon any occasion, or for any cause, to kill any such as serve the king in church, state, army or country, either in peace or war: for that is their thought, and the sense of the oath itself, or what is beyond it: and in part, for their exemption and immunity from all condign punishment, this oath was contrived. But in fine, how can this oath be taken in truth; when it is not apparent, either that the declaring of a war against the king, or killing some for some causes (which shall afterwards be made appear to be lawful) that serve him, are to be abjured and disowned? or that the declaration does assert any such thing? And indeed it will be found to be a denying the truth, and a subscribing to a manifest falsehood, invoking God to be witness thereto. 2. This oath cannot be taken in judgment; that is, with knowledge and deliberation, &c. All the terms of it have much of obscure ambiguity, declaring a war, and killing any who serve the king, may be constructed in several senses, good and bad, but here they are indefinitely expressed, and universally condemned. Particularly that (in so far as) hath several faces, and can never be sworn in judgment; for if it denote a casuality, and signify as much as because or wherefore, then all declarations of war against any that have the name of king whatsoever, upon whatsoever grounds, and all killing of any serving him, though in our own defence, must be universally condemned, for the consequence is good as to every thing, if it import a restriction, excluding other things in the declaration, but obliging to abjure only that; then it implies also an affirmation, that these two things are contained in it, which will not appear to the judgment of them that will seriously ponder the declaration itself; if again it be a supposition or condition, and to be interpreted, for if so be, then all that the judgment can make of it is, that it is uncertain, and so the conscience dare not invoke God as a witness of that which is uncertain whether it be a truth or a lie. 3. This oath could not be taken in righteousness: for the matter is not true, certainly known, lawful, possible, weighty, necessary, useful, and worthy: it is not true, that the declaration imports so far as it is represented in the oath of abjuration; neither is it certainly known, but by collating these two together the contrary will appear; neither is it lawful (if it were true that such assertions were in it) to abjure all declarations of war against the king, and to swear it unlawful ever to kill any, if he be once in the king's service, in church, state, army, or country; nor is it possible to reduce this assertory oath into a promissory one lawfully, as most part of such oaths may and do necessarily imply; for when I swear such a thing unlawful, it implies my promise, by virtue of the same oath, never to practice it: But it is not possible (as the case stands) for a man to bind up himself in every case from all declared war against the king, or from killing some employed in his service; what if there be a necessary call to join in arms with the Lord's people, for the defence of their religion, lives and liberties, against him? what if he commands massacre? Shall not a man defend himself? nor endeavour to kill none of that murdering crew, because they are in his service? was ever a fool so fettered? nor is it of such weight, to be the occasion of involving the whole country in perjury or persecution, as by that oath was done; nor was it necessary, in this man's time, to make all abjure a declaration out of date, when the object of it Charles II. was dead, and no visible party actually in arms to prosecute it; nor was it ever of any use or worth, except it were implicitely to gratify their greedy lusting after the blood of innocents, or the blood of silly souls cheated by their snares, by involving them in the same sin of perjury and conscience debauching false swearing, whereof they themselves are so heinously guilty. But let them, and such as have taken that oath, and not fled to Christ for a sanctuary, lay to heart the doom of false swearers, 'the flying roll of the curse of God shall enter into their house,' Zech. v. 4. 'Love no false oath, for all these are things that I hate, saith the Lord,' Zech. viii. 17. 'The Lord will be a swift witness against false swearers,' Mal. iii. 5. And let them sift their conscience before the word, and set the word to the conscience, and these considerations will have some weight.
4. If we consider this particular oath itself, and the words of it more narrowly, we shall find a complication of iniquities in it, by examining the sense of them as the imposers expound them. 1. Not only that declaration, but all such in so far as they declare and assert such things, are here renounced; and hereby many and faithful declarations are disowned, that declare the same things. It is indeed pleaded by some, that profess to be presbyterians, as it was also pretended by some of the pressers of the oath themselves but in order to pervert and cheat the conscience; that here is not required a disowning of the apologetical declaration simpliciter, but only according to which, or rather of a pretended one of their supposing, in so far as it imports such things: but this is frivolous for that pretended one is intended by the imposers to be the real apologetical declaration, which they will have to be disowned, and cannot be distinguished from it: and though all these assertions cannot be fastened upon that apologetical declaration, but it is evident, that it is invidiously misrepresented: yet that same is the pretended one which they require to be abjured in so far as it asserts such things, which it does not: and if it be according to which to be disowned, then that must either be according to that assertion of killing any, &c. which is not to be found in it, and so it is not to be disowned at all; or it must be according to the declaration of war against the king, and so that which, or formal reason of disowning it, will oblige to disown all declarations of war against the king, which cannot be disowned. Others again object, that it is not required to be disowned formally but only conditionally, taking and confounding in so far, for if so be: but to any thinking man it is plain, this cannot be a supposition nor yet a simple restriction (as they would give it out) but an assertion, that such things are indeed imported in it; for so the imposers think and say: and if it might pass current under that notion, as a supposition, being equivalent to if so be, then under that sophistical pretext, I might renounce the covenant, or the most indisputed confession or declaration that ever was, in so far as it contained such things; and so this equivocation might elude all testimonies whatsoever, and justify all prevarications. 2. This must condemn all defensive war of subjects against their oppressing rulers, in that a declaration is abjured, in so far as it declares war against the king: to press and persuade people to which, it was usually urged by the imposers, that when a war is declared by rebels against the king, then all the subjects are obliged to disown the rebels, or else be repute for such themselves; and, when it was alledged the war was ceased, because the object declared against was ceased, Charles II. being dead, otherwise if a man be obliged to give his opinion about a war declared against a king deceased and gone, then by the same parity of reason, he must be obliged to give his opinion of that war of the lords of the congregation (as they were called) against queen Mary, in the beginning of the reformation, It was still replied by them, that the rebellion continued, and all were guilty of it, that did not abjure that declaration; whence it is evident, they mean, that every thing which they call rebellion, must be disowned, and consequently all resistance of superior, upon any pretence whatsoever, as many of their acts explain it; yea, and it was plainly told by some of them, to some that scrupled to take the oath, because they said they did not understand it, that the meaning was to swear, never to rise in arms against the king. Against this it hath been objected by several, that this was always denied by presbyterians, that ever they declared war against the king expresly, purposedly and designedly, but only against him by accident, when he happened to be the adverse party; but this distinction will not be a salvo to the conscience; for the object declared against, is either a king or not; if he be not, then a declaration of war against him is not to be abjured; if he be king, then he is either declared against as king, and by himself, or as an oppressor, or an abuser of his power: the first indeed is to be disowned; for a king, as king or lawful magistrate, must not be resisted, Rom. xiii. 2. But the second, to declare war against a king, as an oppressor and abuser of his power, and subverter of the laws, hath been owned by our church and state many a time, and they have opposed and declared war as purposedly against him, as he did against them, and as really and formally as he was an oppressor: sure he cannot be an oppressor only by accident: however this hath been owned always by presbyterians, that war may be declared against him who is called king. And therefore to abjure a declaration, in so far as it declares war against the king, will condemn not only that declaration, upon the heads wherein its honesty and faithfulness chiefly consists, but all other most honest and honourable declarations, that have been made and emitted by our worthy and renowned ancestors, and by our worthies in our own time, who have formally, avowedly and explicitely, or expresly, purposedly and designedly, declared their opposition to tyranny and tyrants, and their lawful and laudable designs to repress, depress and suppress them, by all the ways and means that God and nature, and the laws of nations allow, when they did by law itself depose and exauctorate themselves from all rule, or privilege, or prerogative of rulers, and became no more God's ministers, but Beelzebub's vicegerents, and monsters to be exterminated out of the society of mankind. The honestest of all our declarations of defensive war, have always run in this strain; and others, insinuating more preposterous loyalty, have been justly taxed for asserting the interest of the tyrant, the greatest enemy of the declarers, and principal object of the declared war; which disingenious juggling and foisting in such flattering and falsifying distinctions in the state of the quarrel, hath rationally been thought one of the procuring causes or occasions of the discomfiture of our former appearances for the work of God and liberties of our country. 3. This must infer an owning of his authority as lawful king, when the declaration disowning him is abjured, in so far as it declares war against his majesty; for in this oath he is stiled, and asserted to be king, and to have the majesty of a lawful king, and therefore must be owned as such by all that take it; which yet I have proved to be sinful above, Head 2. Against this it hath been quibbled by some, that that declaration does not declare war against the king expresly as king, who set forth the declaration. But this will not salve the matter; for then (1.) It a subscribing to a lie, in abjuring a declaration, in so far as it did declare a thing, which it did not, if that hold. (2.) The enemies impose the abjuring and disowning of it, in so far as it declares war against their king, who had none other but Charles Stewart at that time, who was the king in their sense; and an oath cannot be taken in any other sense, contradictory to the imposers, even though by them allowed, without an unjustifiable equivocation. (3.) Though he had been king, and had not committed such acts of tyranny, as might actually denominate him a tyrant, and forfeit his kingship; yet to repress his illegal arbitrariness and intolerable enormities, and to repel his unjust violence, and reduce him to good order, subjects, at least for their own defence, may declare a war expresly, purposedly and designedly against their own acknowledged king; this ought not in so far to be disowned; for then all our declarations emitted, during the whole time of prosecuting the reformation, in opposition to our king would be disowned; and so with one dash, unhappily the whole work of reformation, and the way of carrying it on, is hereby tacitely and consequentially reflected upon and reproached, if not disowned. (4.) It must infer an owning of the ecclesiastical supremacy, when it asserts, that some do serve the king in church, as well as in state; there is no distinction here, but they are said to serve him the same way in both. And it is certain they mean so, and have expressed so much in their acts, that churchmen are as subordinate, and the same way subject to the king's supremacy, as statesmen are; the absurdity and blasphemy of which is discovered above. 5. This condemns all killing of any that serve the king in church, state, army or country; for a declaration is abjured, in so far as it asserts it lawful to kill any such; and so by this oath, there is an impunity secured for his idolatrous priests and murdering varlets, that serve him in the church; for his bloody counsellors, and gowned murderers, that serve his tyrannical designs in the state; for his bloody lictors and executioners, the swordmen, that serve him in the army, whom he may send when he pleades to murder us; and for his bloody just-asses, informers, and intelligencing sycophants, the Zyphites, that serve him in the country: all these must escape bringing to condign punishment, contrary to the 4th Art. of the solemn league and covenant, and shall be confuted, Head 6. Against this it is excepted by pleaders for this oath, that it is only a declared abhoring of murdering principles, which no Christian dare refuse; and it may be taken in this sense safely, that it is to be abjured, in so far as it asserts it lawful to kill all that are to be employed by his majesty, or any, because so employed in church, state, army or country, which never any did assert was lawful: but though murdering principles are indeed always to be declaredly abhorred, and all refusers of that oath did both declare so much, and abhorred the thoughts of them; yet this invasion is naught: for (1.) The declaration asserts no such thing, neither for that cause nor for any other, but expressly makes a distinction between persons under the epithet of bloody cruel murderers, and these only whom it threateneth to animadvert upon. (2.) The only reason of their declared intent of prosecuting these, whom they threaten to bring to condign punishment, was, because they were so employed by the tyrant in such service, as shedding the blood of innocents, murdering people where they met them; and so that's the very reason for which they deserve to be killed, and therefore foolish, impertinent, and very absurd to be alledged as a qualification of the sense of that impious oath.
5. If we consider the proclamation enjoining this oath and narrating and explaining the occasions and causes of it, all these reasons against it will be confirmed; and it will further appear, that the proclamation itself is indirectly approved. For though it might be sustained in the abstract, that we may and must renounce such declarations founded on principles inconsistent with government, and bearing such inferences as are specified in that proclamation; yet complexly considered what they mean by government, what sort of society that is, the security whereof is said to be infringed by that declaration, and what is the scope of that narrative; a renouncing of a paper contradictory thereto, must be in so far a tacite approbation of that proclamation. For that oath, which renounceth what is contrary to such a proclamation, does justify the proclamation; but this oath renounces what is contrary to the proclamation, and that only: therefore it justifies the proclamation. It is intituled, as it was really designed, for discovering such as own or will not disown the foresaid declaration, by them falsely nicknamed, a late treasonable declaration of war against his majesty, and the horrid principle of assassination. And the body of it discovers such hell-bred hatred of, and malice against, that poor party, destinated, in their design, to final and total destruction, and lays down such contrivances for their discovery and ruin, that the heads and hearts of the inventers and authors may seem to be possessed and inspired with the devil's immediately assisting counsel, and the clerk's pen that drew it up to have been dipt in the Stygian lake, and the gall and venom of hell: representing the emitters, and abetters, and spreaders of that declaration, and all who have been joined in any of their societies, and all who either will own or scruple to disown the said declaration, in the manner by them tendered and imposed, (which are the generality of the most tender and conscientious christians in the land) under all the vilest and most abominable and odious terms, their malice could invent; as if they were 'insolent and desperate rebels, associated under a pretended form of government, who had formerly endeavoured to disguise their bloody and execrable principles, but now had pulled off the mask, and who think it a duty to kill and murder all who do any manner of way serve the present rulers, or bear charge under them, who maintain principles inconsistent with all government and society, and tending to the destruction of the lives of their loyal and honest subjects; treacherous and assassinating principles, &c. Who now have declared their hellish intentions, and for the better performance of their mischievous designs, do lurk in secret, and are never discerned but in the acts of their horrid assassinations, and passing up and down among the king's loyal subjects, take opportunity to murder and assassinate, like execrable rebels; and calling that declaration, an execrable and damnable paper,' &c. All which are execrable and damnable lies, and forgeries of the fathers of them, and a charge which all their sophistry can never make out in any particular: yet by them amplified to a swelling height of heinousness; and, among other circumstances, aggravated, from their frequent refusing the reiterated offers of their clemency, by which they understand their contempt of their presumptuous, Christ-defying, and church-destroying indulgences, and their not submitting to their insnaring and base indemnities, or their conscience cheating bonds and oaths by them so finely bulked. From these impudently pretended premisses, in their falsely forged viperous narrative, they lay down their bloody methods and measures for prosecuting that poor people, with all vigour of savage severity; ordaining, 'That whosoever shall own that declaration, and the principles therein specified,' (which is a larger dilatation of their meaning, than their pretended, restriction, (in so far as, &c.) and gives a further discovery of the intent of the oath, that gives a covert stroke to all the principles of our reformation, which are reductively specified in that declaration) 'or whosoever shall refuse to disown the same----shall be execute to the death; and commanding all subjects to concur, and do their utmost endeavour to seek, search, delate, and apprehend all such, under the severest penalties of the laws; and to difference the good from the bad, (meaning their own associates and friends, from Christ's followers) by discriminating signs, declaring it their pleasure, and requiring all past the age of 16 years not to presume to travel without testificates of their loyalty and good principles, by taking the oath of abjuration; whereupon they are to have a testificate, which is to serve for a free pass, with certification to all that shall adventure to travel without such a testificate, shall be holden and used as concurrers with the said rebels; commanding all heritors, &c. to give up the lists, of the names of all under them, before the curate; declaring, if any shall refuse to concur in such service, they shall be holden as guilty of the foresaid crimes, and punished accordingly; and strictly prohibiting all to harbour, lodge, or entertain any, unless they have such certificates, under the same pain: and for encouragement to any that shall discover or apprehend any to be found guilty as above said, ensuring to them the sum of 500 merks Scots for each of them.' This is that hell hatched proclamation, so grievous for its effects, so dreadful for its designs, so monstrous for its absurdities, that the like hath not been seen: whereby not only the country's interest and trade hath been prejudged, by compelling all to have a pass in time of peace, and these to be procured at exorbitant rates, oppressing poor people; not only common hostlers and innkeepers are made judges, impowered to impose oaths upon passengers for their passes, that they be not forged; but many consciences couzened, cheated, wounded and insnared, and the whole land involved in sin. But they that took this oath have approved and justified this detestable, execrable, bloody proclamation, the spurious spawn of the devil's venom against Christ's followers: for they gave all the obedience to it that was required of them in their capacity, and obedience justifies the law enjoining it; they have done all was required, or could be done by them, to answer the design of it in their circumstances; and consequently, by doing the thing prescribed, they have justified the grounds upon which the rescript was founded, and the methods by which it was prosecuted, which hath a dreadful medly of iniquity in it. Hence, (1.) They have subscribed to all these odious characters wherewith they branded that poor persecuted party, and condemned them as insolent, desperate rebels, murderers, bloody assassins, &c. (2.) In disowning that declaration, they have disowned the principles therein specified, and consequently all the testimony against this usurping faction of overturners of the work of reformation, active and passive, that have been given and sealed by the eminent servants of God, since this catastrophe, the principle of defensive arms, and our covenants, and several others which are therein specified. (3.) They have given their consent to all the concurrence therein required, for seeking, searching, delating, and apprehending of these people, and to all the cruel villainies committed against them. (4.) They have taken on their prescribed discriminating sign of loyalty, and of being repute by them men of good principles, that is, their friends, men for the times: which is so sinful and scandalous, that it is shameful to hint at them, and yet shameful to hide them.
6. If we consider the apologetical declaration itself, which is so bespattered, and so odiously represented, and so rigorously enjoined to be abjured; who will more narrowly look into it, and ponder and perpend the purpose and scope of it, will see nothing that can be abjured conscientiously in it, but the whole of it, laying aside prejudice and invidious critical censoriousness, capable of a fair and acceptable construction. The motives leading them to let it forth, being only their desires and just endeavours to prosecute, and secure themselves in the prosecution of holy commanded duties, and to keep a standing testimony against the insolency of those that are given up of God, to lay out themselves in promoving a course of profanity and persecution, notwithstanding of all their viperous threatnings. Their measures being none other, than the commendable precedents and examples of zealous and tender hearted Christians, who have done the like, and our national and solemn covenants, lying with their binding force indispensible upon all of us, and obliging us to endeavour all that is there declared, as being bound for ever to have common friends and foes with our covenanted reformation, to all which they declare and avouch their resolved adherence, and their own former declarations, disowning their allegiance to, and authority of a man who had, by law itself, forfeited all authority, by his intolerable tyranny, perjury, and perfidious breach of trust, reposed and devolved upon him by covenant; by his overturning all the fundamental constitutions of the government, perverting, inverting, and everting all laws, all liberties, all privileges of church and state, all establishments of our covenanted work of reformation, all securities of our life and enjoyments whatsoever, usurping to himself an absolute tyrannical civil supremacy, inconsistent with the safety or freedom of the people; and a monstrous, blasphemous, ecclesiastical supremacy; upon which considerations, to endeavour to make good their freedom and emancipation from that yoke which they had cast off, they behoved to resolve upon defensive resistance, against him and his bloody emissaries; which war being declared before, they only in this declaration testifyed their unanimous approbation of, adherence to, and resolutions for prosecuting the same against him and his accomplices, such as lay out themselves to promove his wicked and hellish designs: by which war they do not mean a formed stated and declared insurrection with hostile force, to break the peace of the nation, and involve all in blood, but a resolved, avowed, constant, opposition to the murdering violence, injustice, oppression, and persecution of this wicked faction, now raging, rather than reigning, who have declared, and still prosecute a declared war against Christ, bearing down his work and interest in the land; 'And a constant endeavour, in opposition to them, to pursue the ends of our covenants, in standing to the defence of the glorious work of reformation, and their own lives; and, in the defence thereof, to maintain the cause and interest of Christ against his enemies, and to hold up the standard of our Lord Jesus Christ (meaning the gospel and the word of our testimony,) whereunto they looked upon themselves as bound and obliged by their holy covenants, being therein dedicated to the Lord in their persons, lives, liberties, and fortunes, for defending and promoving this glorious work of reformation, notwithstanding of all opposition, that is or may be made thereunto, and sworn against all neutrality and indifferency in the Lord's matters; whereunto they beseech, invite and obtest, all them who wish well to Zion, to a concurrence and concerting the same cause and quarrel.' In maintaining of which opposition against such wicked enemies, because by them they were restlessly pursued and hunted, and murdered wherever they were found, neither could find any harbour or hiding place in any corner of the country, for searchers, informers, and instigators, who still stirred up the country to raise the hue and cry after them, and caused them to be delivered up, and delated them to the courts of their murdering enemies, whereby much innocent blood was shed; therefore, to stop their career of violence and deter them from such courses, they found it necessary to threaten them with more active and vigorous opposition, and that they might expect to be treated as they deserved. Wherein they are far from owning assassinating principles, or practising assassinations; for they give only open and plain warning, and advertisement to the world, of their necessitated endeavours to defend themselves, and prevent the murder of their brethren, and can no way be charged with asserting it lawful, to kill all employed in the king's service in church, state, army, or country, as the proclamation in viperous, invective calumny, misrepresents the declaration; but, on the contrary, do jointly and unanimously declare, 'They detest and abhor that hellish principle of killing such as differ in judgment from them, and they are firmly and really purposed, not to injure or offend any whomsoever, but such as are directly guilty of, or accessory to the murder of their brethren.' Whom yet they mind not to assassinate or kill tumultuarily, but to prosecute them with all the legal formalities, that justice in their capacity, and the times disorder and distracted condition will allow; expressly declaring, 'That they abhor, condemn, and discharge all personal attempts upon any pretexts whatsomever, without previous deliberations, common consent, certain probation of sufficient witnesses, or the guilty persons confession.' Neither could it ever be supposed, that they threaten all employed in the king's service with this sort of handling, but some select and expressly distinguished kind of notorious villains, men of death and blood, openly avowing and vaunting of their murders: and these they distinguished into several classes, according to the respective aggravations of their wickedness: in the first, 'They place those that murder by command, under pretext of an usurped authority, as counsellors, justiciary, and officers of their forces, or bands of robbers, and not all, nor any of these neither, but the cruel and bloody.' In the second class, they threaten such as are actually in arms against them of an inferior rank, and such gentlemen, and bishops, and curates, as do professedly and willingly serve them to accomplish and effectuate their murders, by obeying their commands, making search for these poor men, delivering them up, instigating, informing, and witnessing against, and hunting after them: and not all these neither, but such as cruelly prosecute that service, to the effussion of their blood. Neither do they threaten all equally, nor any of them peremptorily, 'But that continuing after the publication of this their declaration, obstinately and habitually in these courses (plainly declaring they intended no hurt to them if they would hold up their hands) they would repute them as enemies to God and the reformation, and punish them as such, according to their power, and the degree of their offence; withal leaving room for civil and ecclesiastical satisfaction, before lawful and settled judicatories, for the offences of such persons, as their power may nor reach,' &c. And as unwilling to be necessitated to such severe courses, and earnestly desirous they be prevented, they admonish them with sorrow and seriousness, of the sin and hazard of their wicked courses; and protest, that only necessity of self preservation, and zeal to religion, lest it should be totally rooted out by their insolency, did drive them to this threatening declaration, and not because they were acted by any sinful spirit of revenge. This is all that is contained in that declaration. And if there be any thing here so odious and execrable, to be so solemnly abjured, renounced, and abhorred in the presence of God, for the pleasure of, and in obedience to the will of his and our enemies, let all unbiassed considerers impartially weigh, or any awakened conscience speak, and I doubt not but the sweating and subscribing this oath will be cast and condemned.
I shall say nothing of the necessity, or conveniency, or expediency, or formality of this declaration: but the lawfulness of the matter, complexly taken, is so undeniable, that it cannot be renounced, without condemning many very material principles of our reformation: only success and incapacity is wanting to justify the manner, whole procedure, formality, and all the circumstances of the business; if either the declarers themselves, or any other impowered with strength, and countenanced with success to make good the undertaking, had issued out such a declaration in the same terms, and had prevailed and prospered in the project, many, that have now abjured it, would approve and applaud it. But passing these things that are extrinsic to the consideration in hand it is the matter that they required to be abjured and condemned, it is that the enemies quarrelled at, and not the inexpediency or informalities of it: and it must be taken as they propound it, and abjured and renounced by oath as they represent it; and therefore the iniquity of this subscription will appear to be great, in two respects; 1st, In denying the truth. 2dly, In subscribing to, and swearing a lie. 1. They that have taken that oath have denied and renounced the matter of that declaration, which is truth and duty, and a testimony to the cause of Christ, as it is this day stated and circumstantiate in the nation, founded upon former (among us uncontroverted) precedents and principles of defensive wars, disowning tyranny, and repressing the insolency of tyrants and their accomplices; the whole matter being reducible to these two points, declaring a resolved endeavour of breaking the tyrant's yoke from off our neck, thereby asserting our own and the posterities liberty and freedom, from his insupportable and entailed slavery; and a just threatening to curb and restrain the insolency of murderers, or to bring them to condign punishment: whereof, as the first is noways repugnant, but very consonant to the third article; so the second is the very duty obliged unto in the fourth article of our solemn league and covenant. But all this they have denied by taking that oath. 2. By taking that oath, they have sworn and subscribed to a lie, making it as they represent it, abjuring it in so far as it declares, &c. and asserts it is lawful to kill all employed in the service of the king, in church, state, army, or country; which is a manifest lie, for it asserts no such thing. Neither will any other sense put upon the words, in so far as salve the matter; for as thereby the takers of the oath shall deal deceitfully, In frustrating the end of the oath, and the design of the tenderers thereof; and to take an oath in so far, will not satisfy, as Voetius judgeth, de Pol. Eccl. p. 213. So let them be taken which way they can, either for so much, or even as, or providing, it is either a denying the truth, or subscribing a lie: and consequently these poor people suffered for righteousness that refused it.
HEAD IV.
The Sufferings of People for frequenting Field Meetings Vindicated.
Hitherto the negative heads of sufferings have been vindicated: now follow the positive, sounded upon positive duties, for doing, and not denying, and not promising and engaging to relinquish which, many have suffered severely. The first, both in order of nature and of time, that which was first and last, and frequently, most constantly, most universally, and most signally sealed by sufferings, was that which is the clearest of all, being in some respect the testimony of all ages, and which clears all the rest, being the rise and the root, cause and occasion of all the rest; to wit, the necessary duty of hearing the gospel, and following the pure and powerful faithfully dispensed ordinances of Christ, banished out of the churches to private houses, and persecuted out of the houses to the open fields, and there pursued and opposed, and sought to be suppressed, by all the fury and force, rigour and rage, cruelty and craft, policy and power, that ever wicked men, maddened into a monstrous malice against the mediator Christ, and the coming of his kingdom, could contrive or exert; yet still followed and frequented, owned and adhered to by the lovers of Christ, and serious seekers of God, even when for the same they were killed all day long, and counted as sheep for the slaughter, and continually oppressed, harrassed, hunted, and cruelly handled, dragged to prisons, banished and sold for slaves, tortured, and murdered. And after, by their fraudulent favours of ensnaring indulgencies and indemnities, and a continued tract of impositions and exactions, and many oaths and bonds, they had prevailed with many, and even the most part both of ministers and professors, to abandon that necessary duty; and even when it was declared criminal by act of parliament, and interdicted under pain of death, to be found at any field meetings: they nevertheless persisted in an undaunted endeavour, to keep up the standard of Christ, in following the word of the Lord wherever they could have it faithfully preached, though at the greatest of hazards: And so much the more that it was prosecuted by the rage of enemies, and the reproach and obloquies of pretended friends, that had turned their back on the testimony, and preferred their own ease and interests to the cause of Christ; and with the greater fervour, that the labourers in that work were few, and like to faint under so many difficulties. What the first occasion was that constrained them to go to the fields, is declared at length in the historical deduction of the testimony of the sixth Period: to wit, Finding themselves bound in duty, to testify their adherence to, and continuance in their covenanted profession, their abhorrence of abjured prelacy, and their love and zeal to keep Christ and his gospel in the land, after they had undergone and endured many hazards and hardships, oppressions and persecutions, for meeting in the houses where they were so easily attrapped, and with such difficulty could escape the hands of these cruel men; they were forced to take the fields, though with the unavoidable inconveniences of all weathers, without a shelter: yet proposing the advantages, both of conveniency for meeting in great numbers, and of secrecy in the remote recesses of wild muirs and mountains, and of safety, in betaking themselves to inaccessible natural strengths, safest either for flight or resistance; and withal, having occasion there to give a testimony for the reformation with greater freedom. And to this very day, though many have a pretended liberty to meet in houses, under the security of a man's promise, whose principle is to keep no faith to heretics, and under the shelter and shadow of an Antichristian toleration; yet there is a poor people that are out of the compass of this favour, whom all these forementioned reasons do yet oblige to keep the fields, that is both for conveniency, secrecy, and safety; they dare not trust those who are still thirsting insatiably after their blood, nor give them such advantages as they are seeking, to prey upon them, by shutting themselves within houses; and moreover, they take themselves to be called indispensibly, in the present circumstances, to be as public, or more than ever, in their testimony for the preached gospel, even in the open fields. Now this would be a little cleared; and to essay the same, I would offer, 1st, Some concessions, 2dly, Some postulata, or supposed grounds. 3dly, Some more special considerations, which will conduce to clear the case.
First, That we may more distinctly understand what is the duty here pleaded for, and what is that which these people suffer for here vindicated; let these concessions be premised,
1. Now under the evangelical dispensation, there is no place more sacred than another, to which the worship of God is astricted, and which he hath chosen for his house and habitation, whither he will have his people to resort and attend, as under the legal and typical dispensation was ordered; there was a place where the Lord caused his name to dwell, Deut. xii. 5, 11. But now, "neither in the mountain, nor at Jerusalem, the Father will be worshipped; but every where, and any where, in spirit and in truth," John iv. 21, 23, 24. And the apostle wills, "that men pray every where, lifting up holy hands, without wrath and doubting," 1 Tim. ii. 8. We abhor therefore the English and popish superstition of consecrated places, and assert that all are alike in this respect, houses or fields.
2. In the constitute state of the church, or wherever it can be obtained, order, decency, and conveniency doth require that there be appointed places, sequestrate and appropriate for the meetings of the Lord's people, according to that general rule, "Let all things be done decently and in order," 1 Cor. xiv. last verse. And, in that case private conventicles, set up in a schismatical competition with public churches, are not to be allowed. But even then private meetings for prayer and conference, are necessary, lawful, and laudable. But now the church is broken by a crew of schismatical intruders, who have occupied the places of public assemblies: and thrust out the Lord's ministers: It is these we scar at, and not the place.
3. Suppose a magistrate should interdict and discharge the public place of worship, and restrain from the churches, but leave all other places free to meet in: or if he should prohibit the houses, but leave freedom for the fields, or discharge the fields, and give liberty in houses; in that case we would not contend for the place out of contempt: though it were duty then to witness against such a sacrilegious injury done to the church, in taking away their meeting places; yet it were inexpedient to stickle and strive for one spot, if we might have another; then when only excluded out of a place, and not included or concluded and restricted to other places, nor otherwise robbed of the church's privileges, we might go to houses when shut out of churches, and go to fields when shut out of houses, and back again to houses when discharged thence. But this is not our case, for we are either interdicted of all places: or if allowed any, it is under such confinements as are inconsistent with the freedom of the gospel: and besides, we have to do with one from whom we can take no orders, to determine our meetings; nor can we acknowledge our liberty to depend on his authority, or favour which we cannot own nor trust, nor accept of any protection from him. Neither is it the place of fields or houses that we contend for; nor is it that which he mainly opposes: but it is the freedom of the gospel faithfully preached, that we are seeking to suppress. The contest betwixt him and us, is the service of God in the gospel of his Son; that we profess, without owning him for the liberty of its exercise: and therefore as an enemy to the matter and object of these religious exercises, which are the eye-sore of antichrist, he prosecutes with such rage the manner and circumstances thereof.
4. Even in this case, when we are persecuted in one place, we flee unto another, as the Lord allows and directs, Matth. x. 23, And if occasionally we find a house, either public, or a church or a private dwelling house that may be safe or convenient, or capacious of the numbers gathered, we think it indifferent to meet there, or in the field; but, in the present circumstances, it is more for the conveniency of the people, and more congruous for the day's testimony, to keep the fields in their meetings, even though it irritate the incensed enemies. Which that it may appear.
Secondly, I shall offer some postulata or hypothesis to be considered, or endeavour to make them good, and infer from them the necessity and expediency of field meetings at this time in these circumstances: which consequently vindicate the sufferings that have been thereupon stated formerly, and are still continued.
1. It is necessary at all times that Christians should meet together, whether they have ministers or not, and whether the magistrate allow it or not. The authority of God, their necessity, duty, and interest, makes it indispensible in all cases. It is necessary for the mutual help, "two are better than one, for if they fall, the one will lift up his fellow," Eccl. iv. 9, 10. It is necessary for cherishing mutual love, which is the new commandment, and badge of all Christ's disciples, John xiii. 34, 35. a principle which they are all taught of God, 1 Thess. iv. 9. It is necessary for nourishing union to communicate together, in order to their being of one mind, and one mouth, and that they receive one another, Rom. xv. 5, 6, 7. 1 Cor. i. 10. Standing fast in one spirit, striving together for the faith of the gospel, Phil. 1. 27. It is necessary for serving one another in love, Gal. v. 13. bearing one another's burdens, and so fulfilling the law of Christ, Gal. vi. 2. submitting to one another, Eph. v. 21. 1 Pet. v. 5. teaching and admonishing one another, Col. iii. 16. comforting one another, 1 Thess. iv. last verse, edifying one another, 1 Thess. v. 11. exhorting one another, Heb. iii. 13. It is necessary for considering one another, and provoking unto love, and to good works; and for this end, they must not forsake the assembling of themselves together, as the manner of some is, for that were to sin wilfully, Heb. x. 24, 25, 26. Must these things depend on the magistrate's allowance? Or can they be done without meeting together in private or public? The same reasons do alike conclude for the necessity of both. If then there must be meetings for these ends necessary at all times, then when they cannot do it within doors, they must do it without. 2. There is a necessity for meeting for preaching and hearing the gospel; the enjoyment whereof hath always been the greatest design and desire of saints, who could not live without it; therefore they loved the place where the Lord's honour dwelt, Psal. xxvii. 8. This was the one thing they desired of the Lord, and that they would seek after, to behold the beauty of the Lord, Psal. xxvii. 4. For this they panted, and their soul thirsted, Psal. xlii. 1, 2. without which every land is but a thirsty land, where there is no water, where they cannot see the power and glory of God, as they have seen it in the sanctuary, Psal. lxiii. 1, 2. O how amiable are his tabernacles? "One day in his courts is better than a thousand elsewhere," Psal. lxxxi. 1, 10. No gladness to them like that of going to the house of the Lord, Psal. cxxii. 1. A christian cannot possibly live without gospel ordinances, no more than children can want the breasts, or the poor and needy want water when their tongue faileth for thirst; they are promised it in high places, and in the wilderness, when they can get it in no where else, Isa. lxi. 17, 18. There is an innate desire in the saints after it, as new born babes they desire the sincere milk of the word, 1 Pet. ii. 2. So that any that is offended with them for this, must be offended with them for being christians, for as such they must have the gospel, cost what it will. It is the greatest desire of the spouse of Christ, to know where he feeds and where to find the Shepherd's tents, where they may rest at noon, Cant. i. 7, 8. And not only in their esteem is it necessary: but in itself, the church cannot bear the want of it, for where there is no vision, the word of the Lord is then very precious, 1 Sam. iii. 1. No wonder then that the Lord's people make such ado of it, in a famine of it, that they go from sea to sea to seek it, Amos viii. 11, 12. and that they are content to have it at any rate; though with the peril of their lives, because of the sword of the wilderness, Lam. v. 9. Seeing they cannot live without it. Would men be hindered, by law, from seeking their natural food? Nay, they would fight for it before they wanted it, against any that opposed them. If then they cannot get it with peace, they must have it with trouble: and if they cannot get it in houses, they must have it wherever it is to be found, with freedom, and the favour of God.
3. It is necessary that the meetings be as public, as they can be with conveniency and prudence; yea, simple hazard should no more hinder their publicness and solemnity, than their being at all. Especially, in an evil time, when wickedness is encouraged and established, and conformity thereto pressed, truth banished, and a witness for Christ suppressed, corruption in doctrine, worship, discipline, and government connived at, countenanced, and advanced, the word of God is become a reproach, and men have no delight in it, apostasy is become universal, and both magistrates and ministers generally turned promoters of it, which is the true description of our times: then the meetings of the Lord's people, that endeavour to keep clean garments, should be more frequent, public, and avowed. The reasons are, 1. Then the call of God, by his word and works, is more clamant, for public and solemn humiliation, in order to avert public imminent judgments, and impendent strokes from God. It is not enough to reform ourselves privately and personally, and to keep ourselves pure from such courses, by an abstraction and withdrawing from them, as is proved, Head 1. (where this is improved as an argument against hearing the curates) Nor is it enough to admonish, exhort, reprove, and testify against such as are involved in these courses, but it is necessary, for them that would be approven, to adhere to the truth, and serve God after the right manner, and to mourn, sigh, and cry for all the abominations of the time, so as to get the 'mark of mourners on their foreheads,' Ezek. ix. 4. and they that do so, will be found 'on the mountains like doves in the valleys, all of them mourning, every one for his iniquity,' Ezek. vii. 16. and not only to be humbled every family apart, but there must be a great mourning, as the mourning of Hadadrimmon in the valley of Megiddon,' Zech. xii. 11. to the end. That is a solemn public mourning there promised. There must be a 'gathering themselves together, though a nation not desired, before the decree bring forth, before the day pass as the chaff, and the fierce anger of the Lord come upon them, if they would have any possibility of their hiding,' Zep. ii. 1, 2, 3. 'The trumpet then must be blown in Zion, to sanctify a fast, to call a solemn assembly, gather the people, sanctify the congregation assemble the elders, gather the children,'----Joel ii. 15, 16. As was exemplified in Ezra's time, when there were great congregations of people assembled publicly, weeping very sore, then there was hope in Israel, Ezra x. 1, 2. and when that messenger of the Lord came up from Gilgal to the people of Israel, and reproved them for their defections and compliance with the Canaanites, they had such a solemn day of humiliation, that the place of their meeting got a name from it, they called the name of that place Bochim, that is, weepers, Judg. ii. 4, 5. 'And when the ark was at Kirjathjearim all the house of Israel lamented after the Lord----and they gathered together at Mizpeth, and drew water, and poured it out before the Lord,' 2 Sam. vii. 2. 6. I shewed before, that there is reason to fear that the sins of a few, especially of magistrates and ministers, will bring wrath upon the whole body of the people, as is plain from these scriptures, Lev. x. 6. Isa. xliii. 27, 28. Lam. iv. 13. Micah iii. 11, 21. shewing the sins of ministers may procure universal destruction. And 2 Sam. xxiv. 25. 2. Kings xxi. 11. Jer. xv. 4. proving the sins of magistrates may procure it: and Numb. iii. 14, 15. Josh. xxii. 17, 18. Demonstrating that the sins of a party of the people may draw wrath upon the whole. Now, the only way the scripture points out to evite and avert such public judgments is to make our resentment of these indignities done to our God, our mourning over them, and our witness against them, as public as the sins are, at least as public as we can get them, by a public pleading for truth, Isa. lix. 4. For the defect whereof he hides his face, and wonders that there is no man, no intercessor, ver. 16. that is, none to plead with God, in behalf of his borne down truths; there must be in order to this, a public seeking of truth, which if there be any found making conscience of, the Lord makes a gracious overture to pardon the city, Jer. v. 1. We cannot think there were no mourners in secret there, but there was no public meetings for it, and public owning the duty of that day: There must be valour for the truth upon the earth, Jer. ix. 3, a public and resolute owning of truth: there must be a making up the hedge, and standing in the gap for the land, that the Lord should not destroy it, Ezek. xxii. 30. a public testimony in opposition to defection: there must be a pleading with our mother, Hos. ii. 2. which is spoken to private persons in the plural number, commanding all that would consult their own safety, publicly to condemn the sins of the whole nation, that they may escape the public punishment thereof, as it is expounded in Pool's Synop. Critic. in locum. By this means we must endeavour to avert the wrath and anger of God, which must certainly be expected to go out against the land, which hath all the procuring causes, all the symptoms, prognostics, and evidences of a land devoted to destruction, that ever a land had. If then there must be such public mourning, and such solemn gathering for it, such public pleading for truth, seeking for truth, valour for truth, making up the hedge, and pleading with our mother, there must of necessity be public meetings for it: for these things cannot be done in private, but must be done by way of testimony. Which I make a second reason, The nature and end of meeting for gospel ordinances is for a public testimony for Christ and his truths and interest, against sin and all dishonours done to the Son of God. So that the only end, is not only to bring to Christ, and build up souls in Christ, but it is to testify also for the glory of Christ, whether souls be brought in and built up or not. The preached gospel is not only the testimony of Christ, 1 Cor. i. 6. but a testimony for Christ; in which sense, the testimony of Jesus is said to be the spirit of prophecy, Rev. xix. 10. so called, Durham expounds it, for its bearing witness to Christ; in which respect ministers are often called witnesses. It is also the testimony of Israel (not only given to Israel, but given by Israel) unto which the tribes go up, the tribes of the Lord, Psal. cxxii. 4. Whensoever therefore, or howsoever the testimony of the church is contradicted, that is not a lawful meeting of the tribes of the Lord. It is also the testimony of the preachers for Christ, against them that will not receive them, Mark vi. 11. And a witness unto all nations to whom they preach, Matth. xxiv. 14. And of all the witnesses that hold it, and suffer for it, Rev. vi. 9. And the same which is the word of Christ's testimony, is the word of theirs, Rev. xii. 11. by which they overcome, and for which they love not their lives. Wherever then the gospel is preached, it must be a testimony except it be public, at least as public as can be, as we find all Christ's witnesses were in the Old and New Testaments. 3. The motive or principle prompting the Lord's people to a frequenting of gospel ordinances, is a public spirit, stirring up to a public generation work, whereof this is the scope, to promote the kingdom or Christ, and not only to obey the Lord's command enjoining the duty, to enjoy the Lord, the end thereof, to edify their own souls; but to partake in, and promote this great work of the day, for the glory of God, and the church's good. For the gospel is not only a banner of love over his friends, but Christ's standard of war against his enemies, Isa. lix. 19. under which all that countenance it, are called to lift themselves as his soldiers, called, and chosen, and faithful: and it is required of his soldiers that they be valiant for the truth upon the earth, discovering a gallant greatness and generosity of a public spirit, having their designs and desires not limited to their own interests, even spiritual, but aiming at no less than Christ's public glory, the church's public good, the saints public comfort, having a public concern for all Christ's interests, public sympathy for all Christ's friends, and a public declared opposition to all Christ's enemies: this is a public spirit, the true spirit of all Christ's zealous lovers and votaries; which, when he is a missing, will prompt them to go about the city, in the streets, and in the broad ways, to seek him whom their soul loveth, Cant. iii. 2. and not only in their beds, or secret corners, but they must go to the streets, and to the fields, and avow their seeking of Christ, even though the watchmen should smite them, and the keepers of the walls take their vails from them, Cant. v- Which obliges them to take him into their own cottages, and entertain him in their hearts, and give him a throne there, but also to endeavour to enlarge his dwelling, and propagate his courtly residence through the world, that the kingdoms of the earth may become the kingdoms of the Lord; and if they cannot get that done, yet that he may have the throne in their mother's house, and take up his abode in the church, or nation they belong to, that there his ordinances be established in purity, peace, plenty, and power, according to his own order; and if that cannot be, but that their mother play the harlot, and he be provoked to give up house with her, and, by her children's treachery, the usurping enemy be invited into his place and habitation, and take violent possession of it, and enact his extrusion and expulsion by law; yet they will endeavour to secure a place for him among the remnant, that he may get a lodging among the afflicted and poor 'people that trust in the name of the Lord----that they may feed and ly down, and none make them afraid, Zeph. iii. 12, 13. that the poor of the flock that wait on him, may know that it is the word of the Lord,' Zech. xi. 11. they will lay out themselves to strengthen their hands. This is the work of the public spirited lovers of the gospel, which hath been, and yet is the great work of this our day, to carry the gospel, and follow it, and keep it up, through the land, as the standard of Christ, against all opposition, from mountain to hill, when now Zion hath been labouring to bring forth as a woman in travail, and made to go forth out of the city, and to dwell in the field, Mic. iv. 10. Therefore, seeing it is the public work of the day, and all its followers must have such a public spirit, it follows that the meetings to promote it must be as public as is possible. 4. The interest and privilege of the gospel, to have it in freedom, purity, power, and plenty, is the public concern of all the Lord's people, preferable to all other interests; and therefore more publicly, peremptorily, and zealously to be contended for, than any other interest whatsoever. It is the glory of the land. 1 Sam. iv. 21. without which, Ichabod may be the name of every thing; and every land, though never so pleasant, will be but a dry and parched land, where no water is, in the esteem of them that have seen the Lord's glory and power in the sanctuary, Psal. lxiii. 1. Whereas its name is Hephzibah and Beulah, Isa. lxii. 4. and Jehovah-Shammah, Ezek. xlviii. ult. where God is enjoyed in his gospel-ordinances; and the want and reproach of the solemn assemblies, is a matter of the saddest mourning of the Lord's people, Zeph. iii. 18. Therefore, while the ark abode in Kirjath jearim, the time was thought very long, and all the house of Israel lamented after the Lord, 1 Sam. vii. 2. then they heard of it at Ephratah, and found it in the fields of the wood, Psal. cxxxii. 6. But it hath been longer than twenty years in our fields of the woods, and therefore we should be lamenting after it with a greater concernedness; especially remembering, how we were privileged with the gospel, which was sometimes times publicly embraced and countenanced by authority, and ensured to us by laws, statutes, declarations, proclamations, oaths, vows, and covenant-engagements, whereby the land was dedicated and devoted unto the Son of God, whose conquest it was. And now are not all the people of God obliged to do what they can, to hinder the recalling of this dedication, and the giving up of the land as an offering unto satan and antichrist? And how shall this be, but by a public contending, for this privilege, and a resolving they shall sooner bereave us of our hearts blood, than of the gospel in its freedom and purity? But this we cannot contend for publicly, if our meetings be not public. 5. The nature and business of the gospel ministry is such, that it obliges them that exercise it to endeavour all publicness, without which they cannot discharge the extent of their instructions: their very names and titles do insinuate so much. They are witnesses for Christ, and therefore their testimonies should be public, though their lot oftentimes be to witness in sackcloth. They are heralds, and therefore they should proclaim their master's will, though their lot be often to be a voice crying in the wilderness, as John the Baptist was in his field preachings. They are ambassadors, and therefore they should maintain their master's majesty in the public port of his ambassadors, and be wholly taken up about their sovereign's business. They are watchmen, and therefore they should keep and maintain their post their master has placed them at. Nay, they are lights and candles, and therefore cannot be hid, Matth. v. 14, 15. The commands and instructions given them, infer the necessity of this. They must cry aloud, and spare not, and lift up their voice like a trumpet and shew the Lord's people their transgressions and sins, Isa. lviii. 1. They are watchmen upon Jerusalem's walls which must not hold their peace day nor night, nor keep silence, nor give the Lord rest, till he establish, and till he make Jerusalem a praise in the earth, Isa. lxii. 6, 7. They are watchmen, that must command all to hearken to the sound of the trumpet, Jer. vi. 17. They must be valiant for the truth upon the earth, Jer. ix. 3. They must say, Thus saith the Lord even to a rebellious nation, whether they will hear or forbear, and not be afraid of them, Ezek. ii. 5, 6. They must cause the people to know their abominations, Ezek. 16. 2. and the abominations of their fathers, Ezek. xx. 4. And what their master tells them in darkness, that they must speak in the light, and what they hear in the ear, that they must preach upon the house tops, Matth. x. 27. These things cannot be done in a clandestine way; and therefore now, when there is no much necessity, it is the duty of all faithful ministers, to be laying out themselves to the utmost in their pastoral function, for the suppressing of all the evils of the time, notwithstanding of any prohibition to the contrary, in the most public manner, according to the examples of all the faithful servants of the Lord, both in the Old and New Testaments; though it be most impiously and tyrannically interdicted, yet the laws of God stand unrepealed; and therefore all who have a trumpet and a mouth, should set the trumpet to their mouth, and sound a certain sound; not in secret, for that will not alarm the people, but in the most public manner they can have access to; and it is the duty of all to come and hear, and obey their warnings and witnessings, command who will the contrary. It was for mocking, despising his words, and misusing his prophets, that the wrath of the Lord arose against his people, the Jews, until there was no remedy, 2 Chron. xxxvi. 16. Therefore from all that is said, it must be concluded, that meetings for gospel ordinances must be as public as can be: and if so, then that they should be in houses, safety will not permit to us; to go to the streets or market places, neither safety nor prudence will admit; therefore we must go to the fields with it, cost what it will.
4. Seeing then there must be meetings, and public meetings; and seeing we cannot, and dare not in conscience countenance the curates meetings, we must hear, own, embrace and follow such faithful ministers, as are clothed with Christ's commission, righteousness and salvation, and do keep the words of the Lord's patience, and the testimony of the church of Scotland in particular. This I think will not, or dare not be denied, by any that own the authority of Christ (which none can deny or instruct the contrary, but our ministers that ventured their lives in preaching in the fields, have had a certain seal to their ministry, and is sealed sensibly in the conviction of many, and confession of more) that Christ's ministers and witnesses, employed about the great gospel-message, clothed with his authority and under the obligation of his commands lying upon them, must preach, and the people must hear them, notwithstanding of all laws to the contrary. Divines grant that the magistrate can no more suspend from the exercise, than he can depose from the office of the ministry; for the one is a degree unto the other. See Apollon. de jure Magist. circa Sacra, Part 1. p. 334, &c. Rutherford's Due right of Presbyterians, p. 430, &c. For whether it be right in the sight of God, to hearken unto men more than unto God, the consciences of the greatest enemies may be appealed unto, Acts iv. 19. They must not cease, wherever they have a call and occasion, to teach and preach Jesus Christ, Acts v. last verse. Necessity is laid upon them; yea, wo unto them, if they preach not the gospel, 1 Cor. xi. 16. In all things they must approve themselves, as the ministers of God, in much patience, in afflictions, in necessities, &c. by honour and dishonour, by evil report and good report, as deceivers, and yet true, as unknown, and yet well known,----2 Cor. vi. 4. 8. 9. They must preach the word, be instant in season, and out of season; reprove, rebuke, exhort with all long suffering and doctrine, 2 Tim. iv. 2. Dare any say then, that a magistrate's or tyrant's laws can exauctorate a minister? or silence him by his own proper elicite acts, as king or tyrant, or formally and immediately? Will mischiefs framed into a law warrant such iniquity? or an act of a king of clay rescind the mandates of the King of kings? or exempt people from obedience due thereunto? or will the bishops canons, who have no power from Christ, or the censures of them, that stand condemned themselves by the constitutions of the church, and acts of the general assemblies, have any weight in the case? And yet these are all that can be alledged, except odious and invidious calumnies, the ordinary lot of the most faithful, against the present preachers in the fields, which are sufficiently confuted in their late informatory vindication, and need not here be touched. Seeing therefore they have given up themselves unto Christ as his servants they must resolve to be employed for him to the uttermost of their power, and must not think of laying up their talent in a napkin; especially now when there is so great necessity, when defection is yet growing, covered, countenanced more and more, division nothing abated, but new oil cast daily into the flames of devouring contentions; the people generally drowned in the deluge of the times, snares and sins, and like to be overwhelmed in the inundation of black popery, now coming in at the opened sluice of this wicked toleration, with the congratulations of addressing ministers, when now the harvest is great, and the labourers are few; great then is the necessity, and double must the woe be that abideth such ministers, as are silent at such a time: and great and inexcusable is the sin of the people, if they do not come out, and countenance faithful ministers, the messengers of the Lord of hosts, from whom they should seek the law, Mal. ii. 7. especially when there are so many, that have so palpably betrayed their trust, and so few that are faithful in the necessary testimony of the day. Seeing then faithful ministers must preach, and people must hear, where can they meet with conveniency, and safety and freedom, except either under the shelter of this wicked toleration, which they dare not do, or else go to the fields?
5. It must be obtained also, that the ministers have a right to preach in this unfixed manner, wherever they have a call; their relation now, in this disturbed state of the church, being to be considered more extensively, than in its unsettled condition. For understanding which, we must distinguish a three or fourfold relation, that a minister of the gospel stands into. First, He is a minister of Christ, and steward of the mysteries of God, 1 Cor. iv. 1. having his commission from Christ as his master: and this relation he hath universally, wherever he is. Secondly, He is a minister of the catholic church, though not a catholic minister of it, which is his primary relation; for that is the church, in which ministers are set, 1 Cor. xii. 28. and to which they are given, Eph. iv. 11, 22. Thirdly, He is a minister of the particular church whereof he is a member; and so in Scotland, a minister is a minister of the church of Scotland, and is obliged to lay out himself for the good of that church. Fourthly, He is a minister of the particular congregation, whereunto he hath a fixed relation in a constitute case of the church: this last is not essential to a minister of Christ, but is subservient to the former relation; but when separated from such a relation, or when it is impossible to be held, he is still a minister of Christ, and his call to preach the gospel stands and binds. See Mr. Durham's digression on this particular, on Rev. chap. 2. pag. 89. &c. in quarto. For though he be not a catholic-officer, having an equal relation to all churches, as the Apostles were; nevertheless he may exercise ministerial acts authoritatively, upon occasions warrantably calling for the same, in other churches, as heralds of one king, having authority to charge in his name where-ever it be: especially in a broken state of the church, when all the restriction his ministerial relation is capable of, is only a tie and call to officiate in the service of that church whereof he is a member; and so he hath right to preach every where, as he is called for the edification of that church. The reasons are, 1. He hath power from Christ the master of the whole church; and therefore, wherever the master's authority is acknowledged, the servant's ministerial authority cannot be denied; at least in relation to that church, whereof he is a member as well as a minister. 2. He hath commission from Christ principally for the edification of Christ's body, as far as his ministry can reach, according to the second relation. 3. His relation to the whole church is principal, that which is fixed to a part is only subordinate, because it is a part of whole 4. His commission is indefinite to preach the gospel, which will suit as well in one place as in another. 5. The same great ends of the church's great good and edification, which warrants fixing of a minister to a particular charge in the church's peaceable state. 6. Else it would follow, that a faithful minister, standing in that relation to a disturbed and destroyed church, and all his gifts and graces were useless in that case, which notwithstanding are given for the good of the church. 7. Yea, by this, when his fixed relation cannot be kept, it would follow, that he ceased to be a minister, and his commission expired; so that he should stand in no other relation to Christ, than any private person so qualified, which were absurd: for by commission he is absolutely set apart for the work of the ministry, so long as Christ hath work for him, if he continue faithful. 8. This hath been the practice of all the propagators of the gospel from the beginning, and of our reformers in particular; without which they could never have propagated it so far: and it was never accounted the characteristic of apostles, to preach unfixedly; because in times of persecutions, pastors and doctors also might have preached wherever they came, as the officers of the church of Jerusalem did, when scattered upon the persecution of Stephen, Acts viii. 1. did go every where preaching the word, ver. 4. Since therefore they may and must preach, in this unfixed manner, they must in this broken state look upon all the godly in the nation, that will own and hear them, to be their congregation, and embrace them all, and consult their conveniency and universal advantage, in such a way as all equally may be admitted, and none excluded from the benefit of their ministry. And therefore they must go to the fields with it.
6. The Lord hath so signally owned, successfully countenanced, and singularly sealed field preaching in these unfixed exercises, that both ministers and people have been much encouraged against all opposition to prosecute them, as having experienced much of the Lord's power and presence in them, and of the breathings of the enlivening, enlarging, enlightening and strengthening influences of the Spirit of God upon them. The people are hereby called, in this case of defection, to seek after these waters that they have been so often refreshed by: for in this case of defection, God being pleased to seal with a palpable blessing on their souls, the word from ministers adhering to their principles, they may safely look on this as a call from God to hear them, and follow after them so owned of the Lord. And it being beyond all doubt, that the assemblies of the Lord's people to partake of pure ordinances, with full freedom of conscience in the fields, hath been signally owned and blessed of the Lord, and hath proven a mean to spread the knowledge of God beyond any thing that appeared in our best times; and in despite of this signal appearance of God, and envy at the good done in these meetings, all endeavours being used by wicked men to suppress utterly all these rendezvouzes of the Lord's militia, both by open force and cunning Midianitish wiles; ministers cannot but look upon it as their duty, and that the Lord hath been preaching from heaven, to all who would hear and understand it, that this way of preaching, even this way, was that wherein his soul took pleasure, and to which he hath been, and is calling all who would be co-workers with him this day, to help forward the interest of his crown and kingdom. Many hundreds of persecuted people can witness this, and all the martyrs have sealed it with their blood, and remembered it particularly on the scaffolds, that they found the Lord there, and that he did lead them thither, where he had made them to ride upon the high places of the earth, and to eat the increase of the fields, and to suck honey out of the rock, and that in their experience, under the Spirit's pouring out from on high, they found the wilderness to be a fruitful field, and, in their esteem, their feet were beautiful upon the mountains that brought good tidings, that published peace, that brought good tidings of good, that published salvation, that said unto Zion, Thy God reigneth. And all the ministers that followed this way, while they were faithful, and had but little strength, and kept his word, and did not deny his name, found that verified in their experience, which was said of Philadelphia, Rev. iii. 8. that they had an open door which no man could shut. The characters whereof, as they are expounded by Mr. Durham, were all verified in these meetings: where 1. The ministers had a door of utterance upon the one side opened to them; and the people's ears were opened to welcome the same, in love to edification, simplicity, and diligence on the other. 2. This had real changes following, many being made humble, serious, tender, fruitful, &c. 3. The devil raged and let himself to oppose, traduce, and some way to blast the ministry of the most faithful more than any others: just as when Paul had a greater door and effectual opened to him, there were many adversaries, 1 Cor. xvi. 9. 4. Yet the Lord hath been observedly defeating the devil and profanity in every place, where the gospel came, and made him fall like lightning from heaven, by the preaching of the word. 5. And the most experimental proof of all was, that hereby ground was gained upon the kingdom of the devil, and many prisoners brought off to Jesus Christ. And therefore seeing it is so, this must certainly be a call to them who are yet labouring in that work, which others have left off, to endeavour to keep this door open with all diligence, and reap the corn while it is ripe, and when the sun shines make hay, and with all watchfulness, lest the wicked one sow his tares, if they should fall remiss.
7. As for the circumstance of the place, of this unfixed manner of celebrating the solemn ordinances of the worship of God, in a time of persecution: this cannot be quarrelled at by any, but such as will quarrel at any thing. But even that is better warranted, than to be weakened with their quarrels. For before the law, mountain-worship was the first worship of the world, as Abram's Jehovah-jireh, Gen. xxii. 14. Jacob's Bethel, (or house of God in the open fields) Gen. xxviii. 17, 19. his Peniel, Gen. xxxii. 30. his El-Elohe Israel, Gen. xxxiii. ult. do witness: under the law, they heard of it at Ephratah, they found it in the fields of the wood, Psal. cxxxii. 6. After the law, field preaching was the first that we read of in the New Testament, both in John's preaching in the wilderness of Judea, being the voice of one crying in the wilderness, and the master-usher of Christ, Matth. iii. 1. 3. and in his ambassadors afterwards, who, on the Sabbath, went out to a river-side where prayer was wont to be made, as Lydia was converted at Paul's field preaching, Acts xvi. 13, 14. And chiefly the prince of preachers, Christ himself preached many a time by the sides of the mountains, and the sea-side: that preaching, Matth. v. was on a mountain, ver. 1. And this is the more to be considered, that our Lord had liberty of the synagogues to preach in, yet he frequently left them, and preached either in private houses, or in the fields; because of the opposition of his doctrine by the Jewish teachers, who had appointed that any who owned him should be excommunicate: and therefore, in the like case, as it is now, his servants may imitate their master: for though all Christ's actions are not imitable: such as these of his divine power, and the actions of his divine prerogative (as his taking of the ass without the owner's liberty) and the actings of his mediatory prerogative, which he did as Mediator; but all his gracious actions, and moral upon moral grounds, and relative upon the grounds of relative duties, are not only imitable, but the perfect pattern for imitation. Therefore that superstitious and ridiculous cavil, that such meetings in fields or houses are conventicles, gathering separate congregations, is not worth the taking notice of: for this would reflect upon Christ's and his apostles way of preaching, and the constant method of propagating the gospel in times of persecution, in all ages since, which hath always been by that way which they call keeping of conventicles. It is absurd to say, It is a gathering of separate congregations, it is only a searching or seeking after the Lord's sheep, that are made to wander through all the mountains, and upon every high hill, and his flock which is scattered by corrupt shepherds, and the cruelty of the beasts of the field, Ezek. xxxiv. 5, 6. and preaching to all who will come and hear the word of truth, in such places where they may get it done most safely, and may be most free from distraction and trouble of their enemies, who are waiting to find them out, that they may haul them to prisons, or kill them.
8. As for the circumstance of the time, that is specially alledged to be unseasonable, especially when there is a little breathing, and some relaxation from the heat of persecution, to break the peace, and awaken sleeping dogs by such irritating courses, is thought not consistent with christian prudence. This is the old pretence of them that were at ease, and preferred that to duty. But as we know no peace at this time, but a peace of confederacy with the enemies of God, which we desire not to partake of, and know of no relaxation of persecution against such as continue to witness against them; so let what hath been said above in the third hypothesis, of the necessity of publicness in our meetings at such a time as this is, be considered; and let the scripture be consulted, and it will appear, not only that in preaching the gospel there must be a witness and testimony kept up, (as is proved above) and not only that ministers preach the word, and be instant in season and out of season, 2 Tim. iv. 2. But that such a time, as this, is the very season of a testimony. For, in the scripture, we find, that testimonies are to be given in these seasons especially, 1. When the enemies of God, beginning to relent from their stiffness and severity, would compound with his witnesses, and give them some liberty, but not total; as Pharaoh would let the children of Israel go, but stay their flocks; and now our Pharaoh will give some liberty to serve God, but with a reservation of that part of the matter of it, that nothing be said to alienate the hearts of the subjects from his arbitrary government. But Moses thought it then a season to testify (though the bondage of the people should be thereby continued) that there should not a hoof be left behind; for, says he, we know not with what we must serve the Lord, until we come thither, Exod. x. 24, 25, 26. So must we testify for every hoof of the interest of Christ this day. 2. When these is a toleration of idolatry, and confederacy with idolaters, and suspending the execution of penal laws against them, or pardoning of those that should be punished: in such a season as this, that messenger, that came from Gilgal, gave his testimony as Bochim against their toleration of idolatrous altars, and confederacy with the Canaanites, Judg. ii. 1, 2. He is called an angel indeed, but he was only such an one as ministers are, who are called so, Rev. ii. 1. for heavenly spirits have brought a heavenly message to particular persons, but never to the whole people; the Lord hath committed such a treasure to earthern vessels, 2 Cor. iv. 7. and this came from Gilgal, not from heaven: so the man of God testified against Eli, for his toleration of wicked priests, though they were his own sons, 1 Sam ii. 27, &c. So Samuel witnessed against Saul, for his toleration and indemnity granted to Agag, 1 Sam. xv. 23. So the prophet against Ahab, for sparing Benhadad, 1 Kings xx. 42. The angel of Ephesus is commended for this, and he of Pergamos, and he of Thyatira is condemned, for omitting this testimony, and allowing a toleration of the Nicolaitans and Jezebel, Rev. ii. 2, 14, 20. In such a case of universal compliance with these things, and the peoples indulging themselves under the shadow of the protection of such a confederacy, the servants of the Lord that fear him must not say a confederacy, though they should be accounted for signs and wonders in Israel, Isa. viii. 12, 13, 18. But now idolatrous mass-altars are set up, none thrown down, penal statutes against papists are stopt and disabled, and the generality of ministers are congratulating, and saying a confederacy in their addresses for the same. 3. When the universal apostasy is come to such a height, that error is prevailing, and few siding themselves in an avowed opposition against it; as Elijah chose that time, when the people were halting between two opinions, 1 Kings xviii. 21. And generally all the prophets and servants of Christ, consulted alway the peoples necessity for the timing of their testimonies: and was there ever greater necessity than now, when popery is coming in like a flood? 4. When wicked men are chief in power; as when Haman was promoted. Mordecai would not give him one bow, though all the people of God should be endangered by such a provocation, Esther iii. 2. And when tyrants and usurpers are set up without the Lord's approbation, then they that have the Lord's trumpet should set it to their mouth, Hos. viii. 1, 4. Is not this the case now? 5. When, upon the account of this their testimony, the Lord's people are in greater danger, and enemies design to massacre them, then, if they altogether hold their peace at such a time, there shall enlargement and deliverance, arise another way, but they and their father's house shall be destroyed, who are silent then as Mordecai said to Esther, Esth. iv. 11. And who knows not the cruel designs of the papists now? 6. When iniquity is universally abounding, and hypocrisy among professors, then the servants of the Lord must cry aloud and not spare, Isa. lviii. 1. as the case is this day. 7. When the concern of truth, and the glory of God, is not so illustriously vindicated as he gives us to expect it shall be; then the watchmen must not hold their peace, and they that make mention of the name of the Lord must not keep silence, Isa. lxii. 6, 7. especially when his name and glory is blasphemed, baffled, and affronted, as at this day with a witness. 8. When ministers generally are involved in a course of defection, and do not give faithful warning, but daub over the peoples and their own defections; then the prophets must prophesy against the prophets, Ezek. xiii. 2, 10. &c. As, alas! this day there is a necessity for it. 9. When public worship is interdicted by law, as it was by that edict prohibiting public prayer for 30 days in Daniel's time: they could not interdict all prayer to God; for they could forbid nothing by that law, but that which they might hinder and punish for contraveening; but mental prayer at least could not be so restrained. And certain it is, they intended only such prayer should be discharged as might discover Daniel: but might not the wisdom of Daniel have eluded this interdiction, by praying only secretly or mentally? No, whatever carnal wisdom might dictate, his honesty did oblige him in that case of confession, when he knew the writing was signed, to go into his house, and to open his windows, and to kneel upon his knees three times a day,----as he did aforetime, Dan. vi. 10. Now, what reason can be given for his opening his windows? Was it only to let in the air? or was it to see Jerusalem out at these windows? The temple he could look toward, as well when they were shut. No other reason can be assigned, but that it was necessary then to avouch the testimony for that indispensible duty then interdicted. And is not public preaching indispensible duty too? which is declared criminal, except it be confined to the mode their wicked law tolerates; which we can no more homologate, than omit the duty. 10. When it is an evil time, the evil of sin is incumbent, and the evil of wrath is impendent over a land; then the lion hath roared, who will not fear? The Lord God hath spoken, who can but prophesy? Amos iii. 8. There is no contradiction here to that word, which hath been miserably perverted in our day, to palliate sinful silence of time-servers, Amos v. 13. The prudent shall keep silence in that time, for it is an evil time: whereby we cannot understand a wylie withdrawing our witness against the time's evils: for there they are commanded to bestir themselves actively, in seeking good, hating the evil, loving the good, and establishing judgment in the gate, ver. 14, 15. but we understand by it a submissive silence to God, without fretting (according to that word, Jer. viii. 14. For the Lord our God hath put us to silence,----and Mic. vii. 9.) Calvin upon the place expounds it, 'The prudent shall be affrighted at the terrible vengeance of God; or they shall be compelled to silence, not willingly (for that were unworthy of men of courage to be silent at such wickedness) but, by the force of tyrants, giving them no leave to speak.' Sure then this is such a time, wherein it is prudence to be silent to God, but not to be silent for God, but to give public witness against the evils of sin abounding, and public warning of the evils of punishment imminent. 11. Then is the season of it, when worldly wisdom thinks it unseasonable, when men cannot endure sound doctrine, but after their own lusts they heap to themselves teachers, having itching ears, and turn away their ears from the truth; then to preach the word, and be instant is indeed in itself seasonable, because profitable and necessary; but it is out of season as to the preachers or hearers external interest, and in the esteem of worldly wiselings, 2 Tim. iv. 2, 3, 4. See Pool's Synops. Critic. in Locum. So in our day, men cannot endure free and faithful dealing against the sins of the times, but would have smooth things and deceits spoken unto them; like those, Isa. xxx. 10. And nothing can be more offensive, than to speak plainly (so as to give every thing its own name) either of the sins of the times, or of the snares of the times, or of the miseries and evils of the times, or of the duties of the times, or of the dangers, and the present crisis of the times: which no faithful minister can forbear. Therefore so much the more is it seasonable, that it is generally thought unseasonable. 12. In a word, whenever the testimony of the church, or any part of it, is opposed and suppressed; then is the season to keep it, and contend for it, and to hold it fast, as our crown, Rev. iii. 10, 11. It must be then a word spoken in due season, and good and necessary (Prov. xv. 23.) at this time, to give a public testimony against all wrongs done to our blessed Lord Jesus, all the encroachments upon his prerogatives, all the invasions of the church's privileges, all the overturnings of our covenanted reformation, and this openly designed introduction of popery and slavery. But now how shall this testimony be given by us conveniently? Or how can it be given at all, at this time, in our circumstances, so as both the matter and manner of it may be a most significant witness bearing to the merit of it, except we go to the fields? Who can witness significantly against popery and tyranny, and all the evils to be spoken against this day, under the protection of a papist and tyrant, as house-meetings under the covert of this toleration are stated? For if these meetings be private and secret, then the testimony is not known; if they be public, then they are exposed to a prey. Now, by all these general hypotheses, it is already in some measure evident, that field meetings are very expedient. But I shall add some particular considerations, to inculcate the same more closely.
In the third place, besides what is said, To clear the lawfulness and necessity of a public testimony against the evils of the present time, some considerations may be added to prove the expediency of this way and manner of giving a testimony, by maintaining held meetings in our present circumstances,
1. The keeping of field meetings now, is not only most convenient for testifying, but a very significant testimony in itself, against this popish toleration; the wickedness of whole spring and original, and of its nature and terms, channel and conveyance, end and design, is shewed in the historical narrative thereof, and cannot be denied by any presbyterian, whose constant principle is that there should be no toleration of popery, idolatry, or heresy, in this reformed and covenanted church. Reason and religion both will conclude, that this is to be witnessed against, by all that will adhere to the cause of reformation overturned hereby, and resolve to stand in the gap against popery, to be introduced hereby, and that will approve themselves as honest patriots in defending the laws and liberties of the country subverted hereby. And besides, if it be considered with respect to the granter; it is palpable his design is to introduce popery, and advance tyranny, which can be hid from none that accept it, the effectuating whereof hath a necessary and inseparable connexion with the acceptance of the liberty; and is so far from being avertible by the accepters, that it is chiefly promoted by their acceptance, and the design of it is to lay them by from all opposition thereto. If it be considered with relation to the accepters, it is plain it must be taken as it is given, and received as it is conveyed, from its fountain of absolute power, through a channel of an arbitrary law disabling and religion dishonouring toleration, which is always evil; and with consent to the sinful impositions, with which it is tendered; concerning and affecting the doctrine of ministers, that they shall preach nothing which may alienate the subjects from the government: against all which there is no access for a protestation, confident with the improvement of the liberty, for it is granted and accepted on these very terms; that there shall be no protestation; for if there be, that will be found an alienating of the hearts of the subjects from the government, which, by that protestation, will be reflected upon. If it be considered with respect to the addressers for it, who formally say a confederacy with, and congratulate the tolerator for his toleration, and all the mischiefs he is machinating and effectuating thereby: then seeing they have presumptuously taking upon them to send it in the name of all presbyterians, it concerns all honest men, zealous Christians, and faithful ministers of that persuasion and denomination, in honour and conscience, to declare to the world by some public testimony, that they are not consenters to that sinful, shameful, and scandalous conspiracy, nor of the corporation of these flattering addresses who have betrayed the cause; with which all will be interpreted consenters, that are not contradicters. Further this toleration is sinful as is cleared above, Period 6. And to accept of it is contrary to our solemn covenants and engagements, where we are bound to extirpate popery, preserve the reformation, defend our liberties, and never to accept of a toleration eversive of all these precious interests we are sworn to maintain. And it is heinously scandalous, being, in effect, a succumbing at length, and yielding up the cause, which hath been so long controverted, and so long contended for; at least an appearance of ceding and lying by from contending for the interests of Christ, of condemning our former wrestlings for the same, of purchasing a liberty to ourselves at the rate of burying the testimony in bondage and oblivion; of hardening and confirming open adversaries in their wicked invasions on our religion, laws, and liberties; of being weary of the cross of Christ, that we would fain have ease upon any terms, and of weakening the hands, yea, condemning the practice and peremptoriness of these that are exempted from the benefit, or rather the snare of it, and suffer when others are at ease. It is also attended with many inconveniences; for either such as preach under the covert of it, must forbear declaring some part of the counsel of God, and give no testimony seasonable this day: or else if they do, they will soon be discovered, and made a prey. Hence, seeing there must be a testimony against this toleration, it is certainly most expedient to give it there, where the meeting is without the reach and bounds of it, and interdicted by the same proclamation that tenders it, and where the very gathering in such places is a testimony against it: for to preach in houses constantly and leave the fields, would now be interpreted and homologating the toleration that commands preaching to be restricted; especially when an address is made in name of all that accept the benefit of it, from which odium we could not vindicate ourselves, if we should so make use of it.
2. The keeping of field meetings now is a testimony against that wicked law that discharges them, and interdicts them as criminal; yea, in some respect a case of confession; for if Daniel's case, when public prayer was discharged under pain of death, was a case of confession, as all grant; then must also our case be, when public preaching is discharged under the same penalty; for it is equivalent to an universal discharge of all public preaching, when the manner of it is discharged, which we can only have with freedom and safety in way of public testimony, which can be none other in our circumstances but in the fields. Again, if the law be wicked that discharges them, as certainly it is, and is demonstrated from what is said already, then it must be sin to obey it; but it were an obeying of it to quit the fields.
3. The keeping of field meetings now is a testimony against tyranny and usurpation, encroaching upon our religion, laws, and liberties, and presuming to restrict and bound the exercise of the ministerial function, and discharge it altogether, except it be modified according to the circumstances prescribed by a wicked law, which cannot be allowed as competent to any man whose authority is not acknowledged, for reasons given in Head 2. Therefore, though there were no more, this is sufficient to call all ministers to give testimony against such an usurpation, by refusing to obey any such act, and preaching where God giveth a call. For otherwise, to submit to it, would be an acknowledging of his magistratical power to discharge these meetings, and to give forth sentences against faithful ministers.
4. The keeping of field meetings now is a testimony for the honour, headship, and princely prerogative of Jesus Christ, which hath been the great word of his patience in Scotland, and by an unparalleled insolence encroached upon by usurpers in our day, and in effect, denied by such as took a new holding for the exercise of their ministry from their usurped power. Now in these meetings, there is a practical declaration of their holding their ministry, and the exercise thereof from Christ alone, without any dependence upon, subordination to, or licence and warrant from his usurping enemies; and that they may and will preach in public, without authority from them. If then it be lawful and expedient to maintain the interests of a king of clay against an usurper; then much more must it be lawful and expedient, to maintain the quarrel of the King of kings, when wicked men would banish him and his interests out of the kingdom by their tyrannical cruelty, and cruel mercy of a destructive toleration.
5. The keeping of field meetings now is a testimony for the gospel and the ministry thereof; which is always the dearest and nearest privilege of Christians, and in the present circumstances, when our lives and our all are embarked in the same bottom with it, and sought to be destroyed together with it, by a party conspiring against Christ, it is necessary duty to defend both by resisting their unjust violence; especially when religion and the gospel is one and the chief of our fundamental land rights, and the cardinal condition of the established policy, upon which we can only own men for magistrates by the law of the land: and this testimony, by defence of the gospel and of our own lives, cannot be given expediently any where but in the fields. It is also a testimony for the freedom and authority of the gospel ministry, and for their holding their unremoveable relation to the church of Scotland, which is infringed by these tyrannical acts, and maintained by these exercises; which is a privilege to be contended for, above and beyond all other that can be contended for or defended, especially to be maintained again those that have no power or authority to take it away. There will no man quit any of his goods upon a sentence coming from an incompetent judge: and shall ministers or people be hectored or fooled from such a privilege by them that have no such power.
6. The keeping of field meetings now is a testimony for our covenants, the owning whereof is declared criminal by that same law that discharges these meetings; in which we are sworn to preserve the reformation in doctrine, worship, discipline, and government, and to defend all the church's liberties, and to oppose all their opposites, and endeavour their extirpation: And in the solemn acknowledgment of sins and engagements to duties, we are sworn, Because many have of late laboured to supplant the liberties of the kirk, to maintain and defend the kirk of Scotland, in all her liberties and privileges, against all who shall oppose and undermine the same, or encroach thereupon, under any pretext whatsoever. Since then, the owning of these meetings and the covenants are both discharged together, and the owning of the covenant does oblige to a public opposition against the dischargers, and an avowed maintenance of the church's privileges, whereof this is, in a manner, the only and chief liberty now left to be maintained, to keep meetings where we may testify against them, without dependence on their toleration; it must follow, that these meetings are to be maintained, which only can be in the fields, with conveniency.
7. To give over these field meetings now, would be an hardening and encouraging of these enemies in their wicked design of banishing all these meetings out of the land; which manifestly would be defeat, by a resolute refusal of all to submit to their discharging of them; and they that do submit, and give them over, do evidently contribute to the effectuating that wicked design, which is of that sort, but further is intended to extirpate all meetings for gospel ordinances, in which there is any testimony against them. To comply therefore with such a forbearance of them at this time, would lay a stone of stumbling before them, to encourage them in these their designs: when they should see their contrivance so universally complied with, wherein they might boast that at length they had prevailed, to put quite away that eye-sore of theirs, field meetings.
8. To give over these field meetings now, were a stumbling to the poor ignorant people; who might think, that now it appears that work was but of men, and so hath come to naught; and would look upon it as an evidence of fainting, and succumbing at last in the matter of the testimony, as being quite overcome; and that indeed all have embraced and accepted this present toleration, and were all alike sleeping under the shade, and eating the fruits of such a bramble.
9. Finally, To give over these field meetings now, would be very scandalous to the posterity, and to strangers, who shall read the history of our church, to find, that as prelacy came in without a joint witness, and the monstrous, blasphemous, and sacrilegious supremacy was erected, without a testimony in its season; so black popery itself, and tyranny, was introduced by a toleration, which laid them all by from a testimony against these; who formerly had valiantly, resolutely, and faithfully contended against all lesser corruptions; but at last, when that came, and stricter prohibitions of all public meetings, but under the covert thereof, were emitted, then all were persuaded to comply with that course. How astonishing would it be to read, that all these contendings, sealed with so much precious blood, should come to such a pitiful period! But I hasten to the next, which is the second positive ground of suffering.
HEAD V.
The Principle of, and Testimony for, Defensive Arms Vindicated.
This truth is of that sort, that can hardly be illustrated by demonstration; not for the darkness thereof, but for its self-evidencing clearness, being scarcely capable of any further elucidation, than what is offered to the rational understanding by its simple proposition. As first principles can hardly be proven because they need no probation, and cannot be made clearer than they are, and such as cannot consent to them, are incapable of conceiving any probation of them; so this truth of self preservation being lawful, because it is congenite with and irradicated in every nature, that hath a self which it can preserve, can scarcely be more illustrated that it may do so, than that it can do so. And therefore to all who have a true respect to their own, as well as a due concern in the interest of mankind, and zeal for the interest of Christ, it might seem superfluous to make a doubt or debate of this: were it not that a generation of men is now prevailing, that are as great monsters in nature, as they are malignant in religion, and as great perverters of the law of nature, as they are subverters of municipal laws, and everters of the laws of God: who for owning this principle, as well as using the practice of defensive resistance for self-preservation against tyrannical violence, have set up such monuments of rage and cruelty, in the murder of many innocent people, as was never read nor heard of before. It hath been indeed the practice of all nations in the world, and the greatest of men have maintained this principle in all ages; but the bare asserting the principle, when extorted by severe inquisitions, was never a cause of taking the lives of any, before this was imposed on the poor sufferers in Scotland, to give their judgment, whether or not such appearances for defence (as the tyranny of rulers had forced people to) were rebellion, and a sin against God, which they could not in conscience assert; and therefore, though many that have suffered upon this head, have been as free of the practice of such resistance as any; yet because they would not condemn the principle, they have been criminally processed, arraigned, and condemned to the death. And against this truth they have been observed to have a special kind of indignation, either because the light of it, which cannot be hid, hath some heat with it to scorch them; or because they fear the impression of this in the hearts of people more than others, knowing that they deserve the practical expression of it by the hands of all. But the reason they give why they are so offended at it, is, that they look upon it as the spring of all the errors of presbyterians, and a notion that destroys them; which indeed will be found to have a necessary connexion with many of the truths that they contend for this day, as it hath been the necessary method of defending them. What practices of this kind hath been, and what were the occasions inducing, or rather enforcing to these defensive resistances, here to be vindicated as to the principle of them, is manifested in the historical representation, shewing, that after the whole body of the land was engaged under the bond of a solemn covenant, several times renewed, to defend religion and liberty; and in special manner the magistrates of all ranks, the supreme whereof was formally admitted to the government upon these terms; he, with his associates, conspiring with the nobles, to involve the whole land in perjury and apostasy, overturned the whole covenanted work of reformation; and thereby not only encroached upon the interest of Christ and the church's privileges, but subverted the fundamental constitution of the kingdom's government, and pressed all to a submission unto, and compliance with that tyranny and apostasy, erected upon the ruins thereof; yet the godly and faithful in the land, sensible of the indispensible obligation of these covenants, resolved to adhere thereunto, and suffered long patiently for adherence unto the same, until being quite wearied by a continued tract of tyrannical oppressions, arbitrarily enacted by wicked laws, and illegally executed against their own laws, and cruelly prosecuted even without all colour of law, in many unheard of barbarities, when there could be no access for, or success in complaining, or getting redress by law, all petitions and remonstrances of grievances being declared seditious and treasonable, and interdicted as such: they were forced to betake themselves to this last remedy of defensive resistance, intending only the preservation of their lives, religion and liberties; which many times hath been blessed with success, and therefore zealously contended for, as an inadmissible privilege, by all well affected to the cause of Christ, and interest of their country, because they found it always countenanced of the Lord; until the cause was betrayed by the treachery, and abandoned by the cowardice of such, as were more loyal for the king's interests, than zealous for Christ's and the country's; for which the Lord in his holy jealousy discountenanced many repeated endeavours of this nature, cutting us off, and putting us to shame, and would not go forth with our armies. But because the duty is not to be measured by, and hath a more fixed rule to be founded upon than providence; therefore the godly did not only maintain the principle in their confessions and testimonies, but prosecute the practice in carrying arms, and making use of them in the defence of the gospel and of themselves, at field meetings; which were always successfully prosperous, by the power and presence of God. This question is sufficiently discussed, by our famous and learned invincible patrons and champions for this excellent privilege of mankind, the unanswerable authors of Lex Rex, the Apologetical Relation, Naphtali, and Jus populi vindicatum. But because it is easy to add to what is found, I shall subjoin my mite; and their arguments being various and voluminously prosecute, and scattered at large through their books, I shall endeavour to collect a compend of them in some order. The two first speak of a defensive war, managed in a parliamentary way: and the two last, of resistance against the abuse of a lawful power, when there is no access to maintain religion and liberty any other way; which does not come up so close to our case, nor is an antithesis to the assertions of our adversaries, who say, that it is no ways lawful, in any case, or upon any pretence whatsoever, to resist the sovereign power of a nation, in whomsoever it be resident, or which way soever it be erected. I shall consider it more complexly and extensively, and plead both for resistance against the abuse of a lawful power, and against the use and usurpation of a tyrannical power, and infer not only the lawfulness of resisting kings, when they abuse their power (as is demonstrate unanswerably by these authors) but the expediency and necessity of the duty of resisting this tyrannical power, whensoever we are in a capacity, if we would not be found treacherous covenant-breakers, and betrayers of the interest of God, and the liberties of the nation, and of our brethren, together with the posterity, into the hands of this popish and implacable enemy, and so bring on us the curse of Meroz, and the curse of our brethren's blood, crying for vengeance on the heads of the shedders thereof, and upon all, who being in case, came not to their rescue; and the curse of posterity, for not transmitting that reformation and liberty, whereof we were by the valour of our forefathers put and left in possession. I shall not therefore restrict myself to the state of the question, as propounded ordinarily, to wit, Whether or not, when a covenanted king doth really injure, oppress and invade his subjects civil and religious rights, or unavoidably threatens to deprive their dearest and nearest liberties, and sends out his emissaries with armed violence against them; and when all redress to be had, or hope by any address or petition, is rendered void or inaccessible, yea addressing interdicted under severe penalties, as treasonable; then, and in that case, may a community of these subjects defend themselves, and their religion and liberties, by arms, in resisting his bloody emissaries? But, to bring it home to our present case, and answer the laxness of the adversaries position of the uncontroulableness of every one that wears a crown, I shall state it thus: Whether or not is it a necessary duty for a community (whether they have the concurrence of the primores or nobles, or not) to endeavour, in the defence of their lives, religion, laws and liberties, to resist and repress the usurpation and tyranny of prevailing dominators, using or abusing their power for subverting religion, invading the liberties, and overturning the fundamental laws of their country? I hold the affirmative, and shall essay to prove it, by the same arguments that conclude this question, as usually stated; which will more than evince the justifiableness of the sufferings upon this head. In prosecuting of this subject, I shall first premit some concessory considerations to clear it. And secondly, bring reasons to prove it.
First, For clearing of this truth, and taking off mistakes, these concessions may be considered.
1. The ordinance of magistracy, which is of God, is not to be resisted, no, not so much as by disobedience or non obedience, nay, not so much as mentally, by cursing in the heart, Eccles. x. 20. but a person clothed therewith, abusing his power, may be in so far resisted. But tyrants, or magistrates turning tyrants, are not God's ordinance; and there is no hazard of damnation, for refusing to obey their unjust commands, but rather the hazard of that is in walking willingly after the commandment, when the statutes of Omri are kept. So that what is objected from Eccl. viii. 2-4. "I counsel thee to keep the king's commandment," &c. is answered on Head II. and is to be understood only of the lawful commands of lawful kings.
2. Rebellion is a damnable sin, except where the word is taken in a lax sense, as Israel is said to have rebelled against Rehoboam, and Hezekiah against Sennacherib, which was a good rebellion, and clear duty, being taken there for resistance and revolt. In that sense indeed some of our risings in arms might be called rebellion; for it is lawful to rebel against tyrants. But because the word is usually taken in an evil sense, therefore it would have been offensive to acknowledge that before the inquisitors, except it had been explained. But rebellion against lawful magistrates, is a damnable sin, exemplarily punished in Korah and his company, who rebelled against Moses; and in Sheba and Absalom, who rebelled against David. For to punish the just is not good, nor to strike princes for equity, Prov. xvii. 26. and they that resist shall receive to themselves damnation, Rom. xiii. 2. So that this objection brought from this place, as if the apostle were commanding their subjection without resistance to Nero, and such tyrants; as it is very impertinent, it is fully answered above, Head II. Here it will be sufficient to reply, 1. He is hereby vindicating Christianity from that reproach, of casting off or refusing subjection to magistrates for conscience sake in general. And it is very considerable, what Buchanan says in his book de juri regni, that Paul did not write to the kings themselves, because they were not Christians, and therefore the more might be born with from them, though they should not understand the duty of magistrates; but imagine, that there had been some Christian king who had turned tyrant and apostate, 'to the scandal of religion: what would he have written then? Sure if he had been like himself, he would have denied that he should be owned for a king, and would have interdicted all Christians communion with him, and that they should account him no king, but such as they were to have no fellowship with, according to the law of the gospel.' 2. He speaks of lawful rulers here, not tyrants, but of all such as are defined and qualified here, being powers ordained of God, terrors to evil works, ministers of God for good. Yea, but say prelates, and their malignant adherents, these are only motives of subjection to all powers, not qualifications of the powers. I answer, they are indeed motives, but such as can be extended to none but to these powers that are so qualified. 3. He speaks of lawful powers indefinitely in the plural number, not specifying any kind or degree of them, as if only kings and emperors were here meant. It cannot be proven, that the power of the sword is only in them. Neither was there a plurality of kings or emperors at Rome to be subject to: if he meant the Roman emperor, he would have designed him in the singular number. All the reasons of the text agree to inferior judges also, for they are ordained of God, they are called rulers in scripture, and God's ministers, revengers by office, who judge not for man, but for the Lord: and inferior magistrates also are not to be resisted, when doing their duty, 1 Pet. ii. 13. yet all will grant, when they go beyond their bounds, and turn little tyrants, they may be withstood. 4. He does not speak of Nero, concerning whom it cannot be proven, that at this time he had the soverereign power as the learned Mr. Prin shews: or if he had, that he was a tyrant at this time; and if he meant him at all, it was only as he was obliged to be by right, nor as he was in deed. All men know, and none condemns the fact of the senate, that resisted Nero at length, without transgressing this precept. Yea I should rather think, the senate is the power that the apostle applies this text to, if he applied it to any in particular. 5. The subjection here required, is the same with the honour in the fifth command, whereof this is an exposition, and is opposite to the contraordinateness here condemned. Now, subjection takes in all the duties we owe to magistrates, and resistance all the contraries forbidden; but unlimited obedience is not here required: so neither unlimited subjection.
3. We may allow passive subjection in some cases, even to tyrants, when the Lord lays on that yoke, and in effect says, he will have us to lie under it a while, as he commanded the Jews to be subject to Nebuchadnezzar: of which passage, adduced to prove subjection to tyrants universally, Buchanan, as above, infers, that if all tyrants be to be subjected to, because God by his prophet commanded his people to be subject to one tyrant; then it must be likewise concluded, that all tyrants ought, to be killed, because Ahab's house was commanded to be destroyed by Jehu. But passive subjection, when people are not in capacity to resist, is necessary. I do not say passive obedience, which is a mere chimera, invented in the brains of such sycophants, as would make the world slaves to tyrants. Whosoever suffereth, if he can shun it, is an enemy to his own being: for every natural thing must strive to preserve itself against what annoyeth it; and also he sins against the order of God, who in vain hath ordained so many lawful means for preservation of our being, if we must suffer it to be destroyed, having power to help it.
4. We abhor all war of subjects, professedly declared against a lawful king, as such; all war against lawful authority, founded upon, or designed for maintaining principles inconsistent with government, or against policy and piety; yea, all war without authority. Yet, when all authority of magistrates, supreme and subordinate, is perverted and abused, contrary to the ends thereof, to the oppressing of the people, and overturning of their laws and liberties, people must not suspend their resistance upon the concurrence of men of authority, and forbear the duty in case of necessity, because they have not the peers or nobles to lead them: for if the ground be lawful, the call clear, the necessity cogent, the capacity probable, they that have the law of nature, the law of God, and the fundamental laws of the land on their side, cannot want authority though they may want parliaments to espouse their quarrel. This is cleared above, Head 2. yet here I shall add, 1. The people have this privilege of nature, to defend themselves and their rights and liberties, as well as peers; and had it, before they erected and constituted peers or nobles. There is no distinction of quality in interests of nature, though there be in civil order: but self defence is not an act of civil order. In such interests, people must not depend upon the priority of their superiors, nor suspend the duties they owe to themselves and their neighbours, upon the manuduction of other mens greatness. The law of nature allowing self-defence, or the defence of our brethren, against unjust violence, addeth no such restriction, that it must only be done by the conduit or concurrence of the nobles or parliaments. 2. The people have as great interest to defend their religion as the peers, and more, because they have more souls to care for than they, who are fewer. And to be violented in their consciences, which are as free to them as to the peers, is as insupportable to them: yea, both are equally concerned to maintain truth, and rescue their brethren suffering for it, which are the chief grounds of war; and if the ground of the defensive war be the same with them and without them, what reason can be given, making their resistance in one case lawful, and not in the other? Both are alike obliged to concur, and both are equally, obnoxious to God's threatened judgments, for suffering religion to be ruined, and not relieving and rescuing innocents. It will be but a poor excuse for people to plead, they had no peers to head them. What if both king and nobles turn enemies to religion, (as they are at this day) shall people do nothing for the defence of it then? Many times the Lord hath begun a work of reformation by foolish things, and hath made the least of the flock to draw them out, Jer. xlix. 2. and l. 45. and did not think fit to begin with nobles, but began it, when powers and peers were in opposition to it; and when he blessed it so at length, as to engage the public representatives to own it, what was done by private persons before, they never condemned. 3. The people are injured without the nobles, therefore they may resist without them, if they be able: for there can be no argument adduced, to make it unlawful to do it with them. 4. It is true the nobles are obliged beyond others, and have authority more than others to concur; but separately they cannot act as representatives judicially: they have a magistratical power, but limited to their particular precincts where they have interest, and cannot extend it beyond these bounds; and so if they should concur, they are still in the capacity of subjects; for out of a parliamentary capacity they are not representatives. 5. All the power they can have is cumulative, not privative; for the worse condition of a ruler ought not to be by procuring. Why then shall the representatives, betraying their trust, wrong the cause of the people, whose trustees they are? Nay, if it were not lawful for people to defend their religion, lives, and liberties without the concurrence of parliaments, then their case should be worse with them than without them; for they have done it before they had them, and so they had better be without them still. 6. People may defend themselves against the tyranny of a parliament, or primores, or nobles: therefore, they may do it without them; for if it be lawful to resist them, it is lawful to wave them, when they are in a conspiracy with the king against them.
5. We disallow all war without real undeclinable necessity, and great and grievous wrongs sustained: and do not maintain it is to be declared or undertaken upon supposed grounds, or pretended causes: and so the question is impertinently stated by our adversaries, 'Whether or not it be lawful for subjects, or a party of them, when they think themselves injured, or to be in a capacity, to resist or oppose the supreme power of a nation.' For the question is not, if when they think themselves injured they may resist? But when the injuries are real: neither is it every reality of injuries will justify their resistance, but when their dearest and nearest liberties are invaded, especially when such an invasion is made, as threatens ineluctable subversion of them. Next, we do not say, That a party's esteeming themselves in a capacity, or their being really in a capacity, doth make resistance a duty; except, all alike, they have a call as well as a capacity, which requires real necessity, and a right to the action, and the things contended for to be real and legal rights, really and illegally encroached upon: their capacity gives them only a conveniency to go about the duty, that is, previously lawful upon a moral ground. No man needs to say, Who shall be judge? the magistrate or people? For, 1. All who have eyes in their head may judge whether the sun shine or not; and all who have common sense may judge in this case. For when it comes to a necessity of resistance, it is to be supposed, that the grievances complained of, and sought to be redressed by arms, are not hid, but manifest; it cannot be so with any party only pretending their suffering wrong. 2. There is no need of the formality of a judge, in things evident to nature's eye, as grassant tyranny undermining and overturning religion and liberty must be. Nature, in the acts of necessitated ressistance, in such a case, is judge, party, accuser, witness, and all. Neither is it an act of judgment, for people to defend their own: defence is no act of jurisdiction, but a privilege of nature. Hence, these common sayings, all laws permit force to be repelled by force; and the law of nature allows self defence: the defence of life is necessary, and flows from the law of nature. 3. Be judge who will, the tyrant cannot be judge in the case: for, in these tyrannical acts, that force the people to that resistance, he cannot be acknowledged as king, and therefore no judge: for it is supposed, the judge is absent, when he is the party that does the wrong. And he that does the wrong, as such, is inferior to the innocent. 4. Let God be judge, and all the world, taking cognizance of the evidence of their respective manifestos of the state of their cause.
6. We condemn rising to revenge private injuries; whereby the land may be involved in blood for some petty wrongs done to some persons, great or small; and abhor revengeful usurping of the magistrate's sword, to avenge ourselves for personal injuries. As David's killing of Saul would have been, 1 Sam. xxiv. 10. 12. 13, 1 Sam. xxvi. 9, 10. To object which, in this case, were very impertinent: for it would have been an act of offence in a remote defence: if Saul had been immediately assaulting him, it could not be denied to be lawful: and it would have been an act of private revenge for a personal injury, and a sinful preventing of God's promise of David's succession, by a scandalous assassination. But it is clear, then David was resisting him, and that is enough for us; and he supposes he might descend into battle, and perish, 1 Sam. xxvi. 10. not excluding, but that he might perish in battle against himself resisting him. We are commanded indeed not to resist evil, but whosoever shall smite us on the one cheek, to turn to him the other also, Matth. v. 39. and to recompence to no man evil for evil, Rom. xii. 17. But this doth not condemn self defence, or resisting tyrants violently, endangering our lives, laws, religion, and liberties, but only resistance by way of private revenge and retaliation, and enjoin patience, when the clear call and dispensation do inevitably call unto suffering; but not to give way to all violence and sacrilege, to the subverting of religion and righteousness. These texts do no more condemn private persons retaliating the magistrate, than magistrates retaliating private persons, unless magistrates be exempted from this precept, and consequently be not among Christ's followers: yea, they do no more forbid private persons, to resist the unjust violence of magistrates, than to resist the unjust violence of private persons. That objection from our Lord's reproving Peter, Matth. xxvi. 52. Put up thy sword, for all they that take the sword, shall perish by the sword, hath no weight here: for this condemns only making use of the sword, either by way of private revenge, or usurping the use of it without authority, (and so condemns all tyrants) which private subjects do not want to defend themselves, their religion and liberty; or using it without necessity, which was not in Peter's case, both because Christ was able to defend himself, and because he was willing to deliver up himself. Pool's Synops. Critic. in Locum. Christ could easily have defended himself, but he would not; and therefore there was no necessity for Peter's rashness; it condemns also a rash precipitating and preventing the call of God to acts of resistance; but otherwise it is plain, it was not Peter's fault to defend his master, but a necessary duty. The reason, our Lord gives for that inhibition at that time, was twofold; one expressed Matth. xixvi. 52. For they that take the sword, &c. Which do not belong to Peter, as if Peter were hereby threatened; but to those that were coming to take Christ, they usurped the sword of tyranical violence, and therefore are threatened with destruction, by the sword of the Romans: so is that commination to be understood of antichrist, and the tyrants that serve him, Rev. xiii. 13. He that killeth with the sword must be killed with the sword, which is a terrible word against persecutors. The reason is, John xviii. 11.----The cup which my Father hath given me, shall I not drink? Which clearly refels that objection of Christ's non-resistance. To which it is answered, That suffering was the end of his voluntary suscepted humiliation, and his errand to the world, appointed by the Father, and undertaken by himself, which is not our practice: though it be true, that even in his sufferings he left us an ensample that we should follow his steps, 1 Pet. ii. 21. In many things, as he was a martyr, his sufferings were the purest rule and example for us to follow, both for the matter, and frame of spirit, submission, patience, constancy, meekness, &c. but not as he was our sponsor, and after the same manner, for then it were unlawful for us to flee, as well as to resist, because he would not flee at that time.
7. As we are not for rising in arms for trifles of our own things, or small injuries done to ourselves, but in a case of necessity for the preservation of our lives, religion, laws, and liberties, when all that are dear to us, as men and as Christians, are in hazard: so we are not for rising up in arms, to force the magistrates to be of our religion, but to defend our religion against his force. We do not think it the way that Christ hath appointed, to propagate religion by arms: let persecutors and limbs of antichrist take that to them; but we think it a privilege which Christ hath allowed us to defend and preserve our religion by arms: especially, when it hath been established by the laws of the land, and become a land right, and the dearest and most precious right and interest we have to contend for. It is true faith Christ, John xviii. 36. 'My kingdom is not of this world; if my kingdom were of this world, then would my servants fight that I should not be delivered to the Jews.' But this objection will not conclude, that Christ's kingdom is not to be defended and preserved by resistance, of all that would impiously and sacrilegiously spoil us of it in this world, because it is not of this world: for then all were obliged to suffer it to be run down, by slaves of hell and satan, and antichrist's vassals, papists and malignants: yea, magistrates were not to fight for it, for they are among his servants, if they be Christians. But the good confession he witnesses here before Pilate, is, that he hath a kingdom, which, as it is not in opposition to any cesarean majesty; so it must not be usurped upon by any king of clay, but is specially distinct from all the kingdoms of the world, and subordinate to no earthly power, being of a spiritual nature; whereof this is a demonstration, and sufficient security for earthly kingdoms, that his servants, as such, that is, as Christians, and as ministers, were not appointed by him to propagate it by arms, nor to deliver him their king at that time, because he would not suffer his glorious design of redemption to be any longer retarded: but this doth not say, but though they are not to propagate it as Christians, and as ministers, by carnal weapons, yet they may preserve it with such weapons as men. Hence that old saying may be vindicated, prayers and tears are the arms of the church. I grant they are so, the only best prevailing arms, and without which all others would be ineffectual, and that they (together with preaching and church discipline, &c.) are the only ecclesiastical or spiritual arms of a church as a church; but the members thereof are also men, and as men they may use the same weapons that others do, and ye my flock, the flock of my pasture, are men, saith the Lord, Ezek. xxxiii. 31. Yea, from this I shall take an argument; if it be lawful for private subjects, without the concurrence of parliaments, to resist a tyrant by prayers and tears; then it is lawful also to resist him by violence, but the former is true, as our adversaries grant by this objection, and I have proved it to be duty to pray against tyrants, Head 2. Ergo--. The connection is founded upon these reasons, 1. This personal resistance by violence, is as consistent with that command, Rom. xiii. 1. 2. 'Let every soul be subject unto the higher powers--whosoever therefore resisteth the power, resisteth the ordinance of God;' as resistance by prayer is with that, 1 Tim. ii. 1, 2. I exhort--that--supplications--be made--for kings, and for all that are in authority. If the prince be good, the one is as unlawful as the other; and a sinful resistance of the ordinance of God (to pray against him) no less than the other (to fight against him.) Therefore when he becomes a tyrant, and destroyer of the Lord's inheritance, and an apostate, as I may not pray for him except conditionally, but against him as an enemy of Christ; so I may also fight against him as such. 2. As adversaries themselves will grant, that resistance by prayers and tears is more powerful and effectual than the other; so the laws of the land make the one treasonable as well as the other; and that deservedly, when the prince is doing his duty; but when he turneth tyrant, neither can justly be condemned.
These things being permitted, I shall come shortly to the purpose, and endeavour to prove this truth, That it is a necessary duty for a community (whether they have the concurrence of the primores, nobles, and representatives or not) to endeavour, in the defence of their religion, lives, laws, and liberties, to resist and repress the usurpation and tyranny of prevailing dominators, using or abusing their power, for subverting religion, invading the liberties, and overturning the fundamental laws of the country. Wherein I shall be but short, because this truth is sufficiently confirmed by all the arguments of the second head; yet I may only hint at many others, and prosecute them in this order. First, I shall produce some arguments from the law of nature and nations. 2dly, From the common practice of all Christian people. 3dly, From express scriptures.
I. The arguments of the first class are very multifarious: I shall reduce them to a few, as compendiously as may be, and only give the strength of them in a syllogistical form, without expatiating, save where the matter requires.
1. The great antagonists of this truth, through the clearness thereof, are forced to assert and grant such particulars, as will by consequence justify this plea. 1. Barclay contra Monarchum, is cited by the Apol. Relat. and Jus Populi asserting 'That if a king will alienate and subject his kingdom, without his subjects consent, or be carried with a hostile mind to the destruction of his people, his kingdom is actually lost, and the people may not only lawfully resist, but also depose him.' Grotius de jure belli, lib. 1. cap. 4. asserts the same, and adds, 'If he but attempt to do so he may be resisted.' The surveyor of Naphtali grants the same, pag. 23, 24. Yea, this hath been granted in open court, by the council of Scotland, That in case of the king's alienating his kingdoms he may be resisted. Hence, 1. If vendition or alienation of kingdoms, or attempts of it, do annul a king's authority, then an alienation of them from Christ, to whom they are devoted by covenant, and selling to antichrist, as is attempted by this king, gives the people a right to resist him; but the former is here conceded: Ergo--(2.) We need say no more to apply the other, that carrying a hostile mind to the destruction of the people does forfeit his kingdom, and gives the people right to resist, than that a papist is always known to carry a hostile mind to the destruction of protestants, and all the designs declared these 27 years have been demonstrative efforts of it. 2. Dr. Ferne acknowledgeth, 'That personal defence is lawful against the sudden, illegal, and inevitable assaults of the king's messengers, or of himself, in so far as to ward off his blows, or hold his hands. As also, he alloweth private persons liberty to deny subsidies and tribute to the prince, when he employeth it to the destruction of the commonwealth.' Hence, (1.) If one may defend himself against the sudden, illegal, and inevitable assaults of the king or his messengers; then may many men, in defence of their lives and liberties, defend themselves against the surprising massacres, the sudden assaults, and much more the devised and deliberate assaults of a tyrant's bloody emissaries, which are illegal and inevitable, as all their furious and bloody onsets have been; but the former is here allowed: therefore,--3. Bodin de Repub. lib. 2. cap. 5. granteth, 'If a king turn tyrant, he may lawfully, at his subjects request, be invaded, resisted, condemned, or slain by a foreign prince.' Hence, if foreign princes may lawfully help a people oppressed by their own sovereign; then people may resist themselves, if they be able and hold in their pains; but the former is here granted: therefore----The consequence cannot be denied, for foreigners have no more power or authority over another sovereign, than the people have themselves. 4. Arnisaeus de Author. Princip. c. 2. n. 10. granteth, 'That if the prince proceed extrajudicially, without order of law, by violence, every private man hath power to resist.' So the surveyor of Naphtali, as above, 'Grants so much of a woman's violent resisting attempts against the honour of her chastity, and tending to ensnare her in sin, whereof, her non-resistance makes her guilty.' Hence, (1.) If every extrajudicial violence of a prince may be resisted; then also all contrajudicial violence against law or reason must be opposed, for that is more grievous, and all their violences, wherein they do not act as judges, must be resisted, and that is all together, for in none of them they can act as judges; but the former is here granted: therefore--2. If a woman may defend her chastity against the king, lest her non-resistance make her guilty, (oh, if all women had been of this mind, the country would not have been pestered so with the king's bastards); then may a nation, or any part of it, resist a tyrant's attempt upon the honour of their religion, enticing them to fornication with the mother of harlots, lest their non-resistance make them guilty; but the former is here yielded: therefore,--5. That same Arnisaeus, cap. 4. saith, 'Of the former (to wit, he who is called a tyrant in title) it is determined by all without any difficulty, that he may be lawfully repulsed, or if by force he be gotten into the throne, he may warrantably be thence removed, because he hath not any jot of power which is not illegitimate, and unto which resistance is forbidden for the fear of God and for conscience sake, and therefore he is no further to be looked at than as an enemy.' This is so pat and pertinent to the present possessor of the government, that no words can more particularly apply it. 6. Grotius de jure belli, lib. 1. cap. 4. granteth, the law of not resisting does not bind when the danger is most weighty and certain, 'And we do not plead for it in any other case.' And further he says, 'The law of non-resistance seemeth to have flowed from them, who first combined together into society, and from whom such as did command did derive their power: now, if it had been asked of such, whether they would choose to die, rather than in any case to resist the superior by arms? I know not if they would have yielded thereto, unless with this addition, if they could not be resisted but with the greatest perturbation of the commonwealth, and destruction of many innocents. And afterwards he hath these words, nevertheless I scarce dare condemn every one or the lesser part, which may only be done at utmost extremity, notwithstanding respect is to be had to the common good.' From which we need make no inference, the concession is so large, that it answers our case. 7. The surveyor of Naphtali, in the place above cited, 'Grants legal self-defence against the sovereign, by way of plea in court, for safety of a man's person or estate,--as also is the case of most habited, notour and complete tyranny against law, to the destruction of the body of a people, and of all known legal liberties, and the being of religion according to law.--And in case of his not being in his natural and right wits.'--Hence, (1.) If it be lawful to resist the king by a plea in law, for an estate, (yea the law will allow), by actual force, if he come to take possession of it illegally: then it must be lawful for their lives and estates, liberties and religion, to resist him by force, when the legal resistance is not admitted; but the former is yielded here: therefore.--The reason of the connexion is, the municipal law permits the one, and the law of nature and nations (which no municipal law can infringe) will warrant the other: he hath no more right to be both judge and party in this case, more than in the other: and he can no more act as a sovereign in this case, than in the other. (2.) If it be lawful to resist habited, notour, and complete tyranny against law, to the destruction of the body of a people, and of all known legal liberties, and the being of religion, according to law: then we desire no more to conclude the duty of resisting this tyranny exercised this 27 years habitually, which the desolation of many hundred families, the banishment of many hundreds to slavery, the rivers of blood, &c. have made notour to all Scotland at least, and the perversion of all the fundamental laws, and all civil and religious liberties, yea the subversion of every remaining model of our religion, as reformed and covenanted to be preserved, in doctrine, worship, discipline and government, and designs to introduce popery and establish arbitrary government, have made complete; but the former is here granted: therefore--3. If in case of his being out of his wits, he should run upon an innocent man to kill him, or attempt to cut his own throat, it were then lawful to resist him, yea, a sin not to do it; then when in a rage, or deliberately, he is seeking to destroy many hundreds of the people of God, he may be resisted; but the former is clear: therefore--. 4. King James the VI. in his remonstance for the right of kings, against the oration of Cardinal Perron, hath these words, The public laws make it lawful, and free for any private person, to enterprize against an usurper of the kingdom. Then shall it not be duty, to enterprize against a man, who by the laws of the land is not capable of a right to reign, who hath got into the throne by the means of murder, and can pretend no right but that of succession, which I proved to be, none, Head 2. However, we see by these concessions of adversaries, that the absolute subjection they talk of will not hold, nor the prerogative be so uncontroulable in every case, as they would pretend, and that in many cases, the safety of the people hath the supremacy above it; and that also in these cases the people must be judges, whether they may resist or not.
2. From the law of nature I may argue, 1. If God, the fountain of all power, and author of all right, hath given unto man both the power and the right, of, and reason to manage self-defence, and hath noways interdicted it in his word to be put forth against tyrants; then it is duty to use it against them upon occasion; but the former is true: therefore,--2. If this power and right were restrained in man against the unjust violence of any, it would either be by policy, or grace, or some express prohibition in the word of God; but none of these can be said: therefore.--Policy cannot destroy nature, but is rather cumulative to it; a man entering into a politic incorporation, does not lose the privilege of nature: if one particular nature may defend itself against destroying violence out of society, then must many of these natures combined in society have the same right, and so much the more that their relative duties super-add an obligation of mutual assistance. Grace does not restrain the right of sinless nature, though it restrains corruption: but self-defence is no corruption: Grace makes a man more a man than he was. And nothing can be more dishonourable to the gospel, than that by the law of nature it is lawful to resist tyrants, but we are bound by religion from withstanding their cruelty: the laws of God do not interfere one with another. 3. That law which alloweth comparative re-offending, so as to kill rather than be killed, teacheth resistance: but so the law of nature alloweth, except we be guilty of murder in the culpable omission of self defence. The reason is, because the love of self is nearer and greater, as to temporal life, than the love of our neighbour: that being the measure of this: therefore it obliges rather to kill than be killed, the exigence of necessity so requiring. 4. If nature put no difference between the violence of a tyrant than of another man: then it teaches to resist both alike: but it putteth no difference, but rather aggravates that of a tyrant; being the violence of a man, the injustice of a member of the commonwealth, and the cruelty of a tyrant. And it were absurd to say, we might defend ourselves from the lesser violence, and not from the greater. 5. If particular nature must yield to the good of universal nature; then must one man, though in greatest power, be resisted, rather than the universal commonwealth suffer hurt: but the former is true; for that dictates the necessity of the distracted father to be bound by his own sons, lest all the family be hurt: Ergo the greatest of men or kings, when destructive to the commonwealth, must be resisted; for he is but one man, and so but particular nature. 6. That which is irrational, and reflects upon Providence, as putting men in a worse condition than brutes, is absurd and contrary to the law of nature: but to say, that the brutes have power to defend themselves by resisting what annoys them, and deny this power to men, is irrational and reflects upon Providence, as putting men in a worse condition than brutes: therefore it is absurd, and contrary to the law of nature.
3. From the institution of government I may argue thus: that power and government which is not of God may be resisted: the tyrants power and government, in overturning laws, subverting religion, bringing in idolatry, oppressing subjects, is not of God: Ergo it may be resisted: the major is clear, because that is only the reason why he is not to be resisted, because the ordinance of God is not to be resisted, Rom. xiii. 2. But they that resist a man destroying all the interests of mankind, overturning laws, subverting religion, &c. do not resist the ordinance of God. And if it were not so, this would tend irremedilessly to overthrow all policies, and open a gap to all disorder, injustice, and cruelty, and would give as great encouragement to tyrants to do what they list, as thieves would be encouraged, if they knew nobody would resist them or bring them to punishment.
4. From the original constitution of government by men, it may be argued thus: if people at the first erection of government acted rationally, and did not put themselves in a worse case than before, wherein it was lawful to defend themselves against all injuries, but devolved their rights upon the fiduciary tutory of such, as should remain still in the rank of men, that can do wrong, who had no power but by their gift, consent, and choice, with whom they associated not to their detriment but for their advantage, and determined the form of their government, and time of its continuance, and in what cases they might recur to their primeve liberty, and settled a succession to have course not jure hereditario but jure et vi legis, for good ends; then they did not give away their birth-right of self-defence, and power of resistance, which they had before to withstand the violence, injuries, and oppressions of the men they set over them, when they pervert the form and convert it to tyranny, but did retain a power and privilege to resist and revolt from them, and repel their violence when they should do violence to the constitution, and pervert the ends thereof: but the former is true. Ergo--the minor is cleared, Head. 2. And the connexion is confirmed from this; if the estates of a kingdom give the power to a king, it is their own power in the fountain, and if they give it for their own good, they have power to judge when it is used against themselves, and for their evil; and so power to limit and resist the power that they gave.
5. From the way and manner of erecting governors by compact, the necessity whereof is proven Head 2. Many arguments might be deduced; I shall reduce them to this form: If people must propose conditions unto princes, to be by them acquiesced in and submitted unto at their admission to the government, which thereupon becomes the fundamental laws of the government, and securities for the people's rights and liberties, giving a law claim to the people to pursue the prince, in case of failing in the main and principal thing covenanted, as their own covenanted mandatarius who hath no jus or authority of his own, but what he hath from them, and no more power but what is contained in the conditions, upon which he undertaketh the government; Then when either an usurper will come under no such conditions, or a tyrant doth break all these conditions, which he once accepted, and so become stricto jure no prince, and the people be stricto jure liberated from subjection to him, they may and must defend themselves and their fundamental rights and privileges, religion and laws, and resist the tyranny overturning them: but the former is true, Ergo--The connexion is clear: and the minor is proved Head 2. And at length demonstrated and applied to the government of Charles the Second by Jus Populi. cap. 6. See Arg. 4, 5. Head 2.
6. From the nature of magistracy it may be argued thus, That power which is properly neither parental, nor marital, nor masterly and despotic, over the subjects, persons, and goods, but only fiduciary, and by way of trust, is more to be resisted than that which is properly so; but that power which is properly so, that is parental power, and marital, and masterly, may be resisted in many cases; Therefore, that power which is not so properly, but only fiduciary is more to be resisted. That a king's power over his subjects, is neither parental, nor marital, &c. is proven Head 2. And the major needs no probation. The minor is clear by instances, 1. If children may, in case of necessity, resist the fury of their father, seeking to destroy them; then must private subjects resist the rage and tyranny of princes, seeking to destroy them, and what is dearest to them; for there is no stricter obligation moral between king and people, than between parents and children, nor so strict; and between tyrants and people there is none at all; but the former cannot be denied: Therefore,--2. If wives may lawfully defend themselves against the unjust violence of enraged husbands; then must private subjects have power to resist the furious assaults of enraged tyrants, for there is not so great a tye betwixt them and people, as between man and wife; yea there is none at all; but the former is true: Ergo,--3. If servants may defend themselves against their masters; then must private subjects defend themselves against a tyrant or his emissaries; but the former is true: Ergo,--4. If the king's power be only fiduciary, and by way of pawn, which he hath got to keep; then when that power is manifestly abused, to the hurt of them that intrusted him with it, he ought to be resisted by all whom he undertook to protect; but the former is true: Therefore the latter.
7. From the limited power of princes it may be thus argued: If princes be limited by laws and contracts, and may be resisted by pleas in law, and have no absolute power to do and command what they will, but must be limited both by the laws of God and man, and cannot make what laws they will in prejudice of the people's rights, nor execute the laws made according to their pleasure, nor confer on others a lawless licence to oppress whom they please; then when they turn tyrants, and arrogate a lawless absoluteness, and cross the rules, and transgress the bounds prescribed by God's laws, and man's laws, and make their own lusts a law, and execute the same arbitrarily, they must be resisted by force, when a legal resistance cannot be had, in defence of religion and liberty; but all princes are limited, &c. Therefore,--The minor is proved, Head 2. And the connexion may be thus confirmed in short: That power which is not the ordinance of God may be resisted; but an absolute illimited power, crossing the rules, and transgressing the bounds prescribed by God's law and man's, is not the ordinance of God; Therefore it may be resisted.
8. Further from the rule of government, it may be argued several ways, 1. That power which is contrary to law, evil and tyrannical, can ty none to subjection, but if it oblige to any thing, it ties to resistance; but the power of a king against law, religion, and the interests of the subjects, is a power contrary to law, evil and tyrannical: Therefore,--The major is plain, for wickedness can ty no man, but to resist it; that power which is contrary to law, evil and tyrannical is wickedness. 2. That power, and those acts, which neither king can exercise; nor command, nor others execute, nor any obey, must certainly be resisted: but such is the power and acts that oppress the subjects, and overturn religion and liberty; Therefore--The minor is evident from scriptures condemning oppression and violence, both in them that command, and in them that execute the same, and also them that obey such wicked commands. The major is clear from reason; both because such power and such acts as cannot be commanded, cannot be executed, cannot be obeyed lawfully, are sinful and wicked: and because it cannot be a magistratical power, for that may always be exercised and executed lawfully. And what a man cannot command, the resisting of that he cannot punish; but acts of oppression against law, religion, and liberty, a man cannot command; Ergo, the resisting of these he cannot punish. 3. That government of administration, which is not subordinate to the law and will of God, who hath appointed it, must be resisted; but that government or administration, which undermines or overturns religion and liberty, is not subordinate to the law and will of God; Therefore--The major is clear; for nothing but what is the ordinance of God, subordinate to his law and will, is irresistible, Rom. xiii. 2. The assumption is undeniable.
9. From the ends of government, which must be acknowledged by all to be the glory of God, and the good of mankind; yea, all that have been either wise or honest, have always held that the safety of the people is the supreme law. The argument may run thus, in short, 1. That doctrine which makes the Holy One to cross his own ends in giving governors, must be absurd and unchristian as well as irrational; but such is the doctrine that makes all kings and tyrants irresistible upon any pretence whatsoever: Ergo--The minor I prove: That doctrine which makes God intending his own glory and the people's good, to give governors both as fathers to preserve, and as murderers to destroy them, must make the Holy One to cross his own ends; for these are contradictory; but the doctrine that makes all kings and tyrants irresistible, &c. is such: for, by office, they are fathers to preserve, and, by office also, they must be murderers, vested with such a power from God, by the first act, if they be irresistible when they do so; seeing every power that is irresistible is the ordinance of God. Hence also when a blessing turns a curse, it is no more the ordinance of God, but to be resisted; but when a king turns a tyrant, overturning religion and liberty, then a blessing turns a curse: Therefore--2. Means are to be resisted, when they are not useful for, but destructive to the ends they were appointed for; but governors overturning religion and liberty, are means not useful for, but destructive to the ends for which they were appointed; seeing then they are neither for the glory of God, nor the good of mankind: Therefore--3. If all powers and prerogatives of men are only means appointed for, and should vail unto the supreme law of the people's safety, and all laws be subordinate to, and corroborative of this law, and when cross to it are in so far null, and no laws, and all law formalities in competition with it are to be laid aside, and all parliamentary privileges must yield to this, and king and parliament both conspiring have no power against it; and no sovereign power, by virtue of any resignation from the people can comprize any authority to act against it; then it is duty to obey this supreme law, in resisting all powers and prerogatives, all laws, and law formalities, and all conspiracies whatsoever against this supreme law, the safety of the people; but the former is true, as was proven Head 2. Therefore--4. That power which is obliged, and appointed to command and rule justly and religiously, for the good of the people, and is only set over them on these conditions, and for that end, cannot ty them to subjection without resistance, when the power is abused to the destruction of laws, religion and people; but all power is so obliged and appointed: therefore, whensoever it is so abused, it cannot ty people to subjection, but rather oblige them to rejection of it.
10. From the obedience required to government, it may be argued thus. 1. If we may flee from tyrants, then we may resist them; but we may flee from tyrants: therefore we may resist them. The connexion I prove, (1.) If all grounds of justice will warrant the one as well as the other, then if the one be duty, so is the other; but the former is true; for the same justice and equity that warrants declining a tyrant's unjust violence by flight, will warrant resistance when flight will not do it; the same principle of self-defence, that makes flight duty, when resistance is not possible, will also make resistance duty, when flight is not possible; the same principle of charity to wives and children, that makes flight lawful, when by resistance they cannot avoid tyranny, will make resistance duty, when by flight they cannot evite it; the same principle of conscience to keep religion free, that prompts to flight, when resistance will not save it, will also prompt to resist it, when flight is not practicable. (2.) If to flee from a just power, when in justice we are obnoxious to its sword, be to resist the ordinance of God, and so sin: then to flee from an unjust power, must be also a resisting of the abusing of it, and so duty, for the one is resistance as well as the other; but the difference of the power resisted makes the one lawful; the other not. Again, if royal power may be resisted by interposing seas and miles, why not also by interposing walls and arms? Both is resistance, for against a lawful magistrate that would be resistance. (3.) If a tyrant hath irresistible power to kill and destroy the people, he hath also irresistible power to cite and summon them before him; and if it be unlawful to resist his murders, it must be as unlawful to resist his summons. (4.) For a church or community of Christians, persecuted for religion, to flee with wives and children, strong and weak, old and young, to escape tyrannical violence, and leave the land, were more unlawful than to resist; for what is not possible as a natural means of preservation is not a lawful mean; but this were not a possible mean: neither is it warranted in nature's law, or God's word, for a community or society of Christians, that have God's right and man's law to the land, and the covenanted privileges thereof, to leave the country and cause of Christ, and all in the hands of a tyrant and papist, to set up idolatry upon the ruins of reformation there. A private man may flee, but flight is not warranted of them as of a private single man. 2. If it be duty to disobey, it is duty to resist tyrants, in defence of religion and liberty; but it is duty to disobey them: Therefore--The connection only will be struck at, which is thus strengthened: If subjection be no more pressed in scripture than obedience, then if non-obedience be duty, non-subjection must be so also, and consequently resistance; but subjection is no more pressed in scripture than obedience; for all commands of subjection to the higher powers, as God's ministers, under pain of damnation, do only respect lawful magistrates, and in lawful things, and do include obedience: and non-obedience to the power so qualified is a resisting of the ordinance of God, as well as non-subjection. If then obedience to magistrates be duty, and non-obedience sin, and obedience to tyrants sin, and non-obedience duty; then by parity of reason, subjection to magistrates is duty, and non-subjection is sin, and also subjection to tyrants is sin, and non-subjection duty.
11. From the resistance allowed in all governments, it may be argued thus; if it be duty to defend our religion, lives and liberties, against an invading army of cut-throat papists, Turks or Tartars, without or against the magistrates warrant; then it must be duty to defend the same against invading home-bred tyrants, except we would subscribe ourselves home-born slaves: but the former is true; therefore--The minor cannot be doubted, because the magistrates power cannot be privative and destructive to defence of our religion, lives and liberties; nor can it take away nature's birth-right to defend these, or make it fare the worse, than if we had no magistrates at all. Now, if we had no magistrates at all, we might defend these against invaders; and whether we have magistrates or not, we are under moral obligations of the law of God to endeavour the defence of these: but this needs not be insisted on. The connexion of the proposition is clear; if princes be more tyrannical in invading religion and liberties themselves, than in suffering others to do it, or hindering them to be opposed: and if their invasion be more tyrannical, hurtful and dangerous, than the invasion of strangers, then if it be duty to resist strangers invading their interests, it is more duty to resist home-bred tyrants invading the same; but the former is true: therefore the latter. Resisting in the one case is no more resisting the ordinance of God than in the other.
12. From the motives of resistance we may draw this argument, which might be branched out into several, but I shall reduce it to this complex one: if when we are in a capacity, we cannot acquit ourselves in the duties that we owe to our covenanted religion, and our covenanted brethren, and posterity, and ourselves, nor absolve exoner ourselves from the sin and judgment of tyrants, who overturn religion, oppress our brethren, impose slavery on ourselves, and entail it upon posterity, by a passive subjection, submission to and not opposing these mischiefs; then resistance is necessary: but the former is true: therefore--. The connexion is clear, for there cannot be a medium; if we cannot discharge these duties by subjection, submission, and not opposing, then we must do them by non-subjection, non-submission, and opposing, since they must be done some way. The assumption is thus confirmed. 2. The duties we owe to religion, when it is corrupted, declined from, and overturned, are not only to reform our own hearts and ways, and keep ourselves pure from the corruptions established, and to rebuke and witness against the compliers with the same, and so by work, doing and suffering, keep and contend for the word of our testimony; but further, when, by the constitution of the kingdom, religion is become a fundamental law, and consequently the magistrate, overturning it, is violating and everting the main grounds and ends of the government, and turning grassant and ingrained tyrant, especially when it is not only so authorised and confirmed by law, but corroborated by solemn vows and covenants made and sworn unto God by all ranks of people, to maintain and defend this religion with their lives and fortunes,--and resist all contrary errors and corruptions according to their vocation: and the utmost of that power that God puts in their hands all the days of their lives; as also mutually to defend and assist one another, (as in the national covenant.) And sincerely, really, and constantly endeavour--the preservation of the reformed religion in doctrine, worship, discipline and government, the extirpation of popery, prelacy, &c.--and to assist and defend all those that enter into the same bond in the maintaining thereof,--(as in the solemn league;) then to defend and maintain that religion, and themselves professing it; when it is sought to be razed; this must be an interest as necessary to be defended, as that of our bodies which is far inferior, and as necessary a duty, as to defend our nation and civil liberties from perpetual slavery, and as preferable thereunto, as Christ's interest is to man's, and as the end of all self-preservation is to the means of it, the preservation of religion being the end of all self-preservation; but this duty cannot be discharged without resistance, in a mere passive subjection and submission: otherwise the same might be discharged in our universal submission to Turks coming to destroy our religion. Certainly this passive way cannot answer the duty of pleading for truth, Isa. lix. 4. seeking the truth, Jer v. 1. being valiant for it, Jer. ix. 3. making up the hedge, standing in the gap, &c. Ezek. xxii. 30. which yet are necessary incumbent duties according to our capacity; therefore we cannot answer the duties we owe to religion in a mere passive way. 2. The duty we owe to our covenanted brethren, is to assist and defend them, and relieve them when oppressed, as we are bound by our covenants, and antecedently by the royal law of Christ, the foundation of all righteousness among men toward each other, Matth. vii. 12. 'All things whatsoever ye would that men should do to you, do ye even so to them.'--We would have them helping us when we are oppressed, so should we do to them when it is in the power of our hands to do it, and not forbear to deliver them for fear the Lord require their blood at our hand, Prov. xxiv. 11, 12. But this cannot be done by mere subjection without resistance. 3. There is no way to free ourselves of the sin and judgment of tyrants, by mere passive subjection: we find in the scriptures, people have been so involved and punished for the sins of tyrants; as the people of Judah for Manasseh, 2 Kings xxi. 11. &c. Jer. xv. 4. whose sins if they had not been committed, the judgment for them had been prevented, and if the people had hindered them they had not smarted; but being jointly included with their rulers in the same bond of fidelity to God, and made accountable as joint principals with their kings for that debt, by their mutual as well as several engagements to walk in his ways, they were liable to be punished for their rebellion and apostacy, because they did not hinder it. Hence somewhat must be done to free ourselves of their sin, and to escape their judgments: but this can be nothing else but opposition to them by resistance; or else if we make any other opposition, it will make us more a prey to their jury.
II. Secondly, This truth is confirmed from the common practice of the people of God, even under persecution. Whence I shall draw an argument from examples, which, to condemn, were impious, and, to deny, were most impudent. And, for form's sake, it may run thus: What the people of God, under both testaments, have frequently done, in time of persecution, for defending, vindicating, or recovering their religion and liberties, may and ought to be done again in the like circumstances, when these are in the like hazard; but, under both testaments, the people of God frequently in times of persecution have defended, vindicated, or recovered their religion and liberties by defensive arms, resisting the sovereign powers that sought to destroy them: therefore this may and ought to be done again, when these religious, civil and natural privileges, are in the like hazard to be destroyed by the violent encroachments of the sovereign powers. The proposition cannot be denied, except by them that do profess themselves enemies to the people of God, and condemn their most frequently reiterated practices most solemnly and signally owned of God, to the confusion of their enemies, to the convicton of the world that the cause for which they contended was of God, and to the encouragement of all the patrons of such a cause, to hope, that when it is at the lowest it shall have a revival and glorious issue. It is true, sometimes they did not resist, when either they were not in a capacity, or did not see a call to such an action, but were not extraordinarily spirited of the Lord for passive testimonies under a suffering dispensation: but it is as true, that many times they did resist, when the Lord capacitated, called, and spirited them for active testimonies. And therefore, if their suffering under these circumstances may be imitated, by a people so stated; then also their actions under these other circumstances may be imitated, by a people in the like case. And by an impartial scrutiny it will be found, that the examples of their endeavoured resistance will be little inferior, if not superior in number or importance, to the examples of their submissive sufferings in all ages; which will appear in the probation of the assumption, by adduction of many instances, which I shall only cursorily glean out of that plentiful harvest that histories afford.
1. I need only to glance at that known and famous history of the Maccabees, of undoubted verity, though not of cannonical authority. In which according to scripture predictions, we have a notable account of heroic enterprises, atchievements, and exploits performed by them that knew their God, and tendered his glory, and their religion and country's liberties, above the common catechrestic notions of uncontroulable irresistible royalty, and absolute implicit loyalty, that have abused the world in all ages. We have there an account of the noble and successful resistance of a party of a few godly and zealous patriots, without the concurrence of civil authority, or countenance of the ephori or nobles of the kingdom, against a king universally acknowledged and subjected unto, that came in peaceably, and obtained the kingdom by flatteries, with whom the greatest part and those of the greatest note took part, and did wickedly against the covenant and nation's interest, and were corrupted by flatteries: yet a few priests, with the concurrence of some common countrymen, did go to arms against him and them; and the Lord did wonderfully assist them for a considerable time; as was foretold by Daniel xi. This fell out under the persecution of Antiochus Epiphanes, and was happily begun by Matthias a godly priest, and his five sons, who, being commanded under severe certifications to worship according to the then law, and the king's wicked lust, did valiantly resist that abomination, and went to defensive arms: which, while living, he patronized, and, when a dying, did encourage his sons to it by a notable oration, shewing what case his country was in, and what a duty and dignity it was to redeem and deliver it. This was vigorously prosecuted by Judas Maccabeus, expressly for the quarrel of religion and liberty, against that mighty tyrant and all his emissaries.
2. To come to the history of the gospel dispensation: It is true in that time of the primitive persecutions under heathen emperors, this privilege of self-defence was not so much improved or contended for by Christians, who studied more to play the martyrs, than to play the men, because in these circumstances the Lord was pleased to spirit for and call them unto, and accept of their hands passive testimonies; while they were incorporate under a civil relation with the heathens, in subjection to governors who did not by open tyranny, overturn their civil liberties, only did endeavour to eradicate religion, which, at that time, had never become their right by law; while they were scattered and out of capacity, and never could come to a separate formed community by joint concurrence and correspondence, to undertake a declared resistance; while religion was only a propagating through the nations, and the Lord providentially did preclude the least appearance that might be of propagating it by any formed force, being the gospel of peace, designed to save, and not to destroy: yet even then, instances are not wanting of Christians resisting their enemies, and of rescuing their ministers, &c. As they are found on record. 1. How some inhabiting Mareota, with force rescued Dionysius, of Alexandria, out of the hands of such as were carrying him away, about the year 255. 2. How about the year 310, the Arminians waged war against Maximus, who was come against them with an army because of their religion. 3. How about the year 342, the citizens of Athanasius their minister, against Gregorius the intruded curate and Syrianus the emperor's captain, who came with great force to put him in. 4. How about the year 356, the people of Constantinople did in like manner stand to the defence of Paulus, against Constantius the emperor, and killed his captain Hermogenes; and afterwards, in great multitudes, they opposed the intrusion of the heretic Macedonius. 5. How, when a wicked edict was sent forth to pull down the churches of such as were for the clause of one substance, the christians that maintained that testimony resisted the bands of soldiers, that were procured at the emperor's command by Macedonius, to force the Mantinians to embrace the Arian heresy; but the Christians at Mantinium, kindled with an earnest zeal towards Christian religion, went against the soldiers with chearful minds and valiant courage, and made a great slaughter of them. 6. How, about the year 387, the people of Cesarea did defend Basil their minister. 7. How, for fear of the people, the lieutenant of the emperor Valens durst not execute those 80 priests who had come to supplicate the emperor, and were commanded to be killed by him. 8. How the inhabitant's of mount Nitria espoused Cyril's quarrel, and assaulted the lieutenant, and forced his guards to flee. 9. How, about the year 404, when the emperor had banished Chrysostom, the people flocked together, so that the emperor was necessitated to call him back again from his exile. 10. How the people resisted also the transportation of Ambrose, by the command of Valentinian the emperor; and chused rather to lose their lives, than to suffer their pastor to be taken away by the soldiers. 11. How the Christians, oppressed by Baratanes king of Persia, did flee to the Romans to seek their help. And Theodosius, the emperor, is much praised for the war which he commenced against Chosroes king of Persia, upon this inducement, that the king sought to ruin and extirpate those Christians in his dominions, that would not renounce the gospel.
3. But when religion was once embraced in embodied corporations, and established by law, and became a people's common interest and liberty, in a capacity to defend it with their lives and other liberties, and when it was propagated through the nations; then the Lord did call for other more active testimonies, in the preservation and defence of it: of which we have many instances in histories. About the year 894, the Bohemian Christians resisted Drahomica their queen, who thought to have destroyed them, and reintroduced paganism. About the year 1420, they maintained a long defensive war against the government, and the pope's legates, under the management of their brave captain Zizca; which was further prosecuted after him by the remaining Thaborites. And again in this century, in the year 1618, they maintained a defensive war against the emperor Ferdinand II. electing and erecting a new king in opposition to him, Frederick Palatine of the Rhine, in which cause many received a crown of martyrdom: and this was also espoused by king James VI, who sent to aid his son in law against the emperor.
4. It we look to the histories of the Waldenses, these constant opposers of antichrist, we will find many instances of their resistance. About the year 1194, very early, while Waldo (from whom they had their name) was alive, they began to defend themselves by arms, after the bloody edict of Alphonsus king of Arragon; an edict so like to many of ours emitted this day, as it would seem our enemies have taken the copy of it: so it were very seemly for the people grieved with such edicts to imitate the copy of the Waldenses their practice, in opposition to them. In the year 1488, they resist by arms Albert de Capitaneis, sent by pope Innocent VIII. in Pragola and Frassaniere, and throughout Piedmont; where, for the most part, the offspring of the old Waldenses had their residence, where, very evidently, through many successions of ages, they shewed themselves to be the true successors of their worthy progenitors, valiant for the truth. That's a famous instance of their resistance, in opposing vigorously the Lord of trinity, in that same Piedmont, at which time they so solemnly asked their ministers, Whether it were not lawful to defend themselves against his violence? Who answered affirmatively. And accordingly they did it with wonderful success at that time, and many times thereafter. Especially it is notour in the memory of this present age, how in the year 1655, a vigorous defensive war was prosecuted against the duke of Savoy, by their captains Ginavel, Jahier, &c. which was espoused by many protestant princes. And no further gone than the very last year, it is known how they resisted the arms of that tyger, and the French that helped him, and that their simplicity in trusting popish promises was their ruin.
5. If we look over the histories of the Albigenses, we find many instances of their defensive resisting their oppressing superiors. About the year 1200, they defended themselves at Beziers and Carcasson, against the pope's legate and his crossed soldiers, under the conduct first of the earl of Beziers, and then of the earl of Foix, and earl of Remand of Thoulouse, and were helped by the English, who then possessed Guienne bordering upon Thoulouse; which resistance continued several years. Afterwards in the year 1226, they maintained a resistance against the king of France.
6. In Spain, we find the people of Arragon contesting with Alphonsus III. and associating themselves together against him. And they tell Pedro III. their king, that if he would not contain himself within the limits of the laws, they would pursue him by arms, about the year 1283. As also other Spaniards, who rose in arms several times against Pedro the first king of Castile.
7. It was this which brought the Cantons of Helvetia into this state of freedom, wherein they have continued many years: for, about the year 1260, they levied war against their oppressing nobles. And in the year 1308, they joined in covenant to defend themselves against the house of Austria; and in the year 1315, they renewed it at Brunna, in which, at length, the rest of the Cantons joined, and formed themselves into a commonwealth.
8. If we take a glance of the Germans, we will find at the very commencement of the reformation, as soon as they got the name of protestants, they resisted the emperor Charles V. The duke of Saxon, the land grave of Hesse, and the city of Magedburgh, with advice of lawyers, concluded. 'That the laws of the empire permitted resistance of the emperor in some cases, that the times were then so dangerous, that the very force of conscience did leave them to arms, and to make a league to defend themselves though Cesar or any in his name should make war against them--for since he attempteth to root out religion, and subvert our liberties, he giveth us cause enough to resist him with a good conscience: The matter standing as it doth, we may (say they) resist'--as may be shewed both by sacred and profane histories.--And so they undertook and stated the war upon the account of religion and liberty.
9. If we but cast an eye over to the Hollanders, we will find how much they stand obliged to this practice of defensive arms; having thereby recovered both religion and liberty, and established themselves into a flourishing state. We find even in the time of D. de Alva's persecution, they began to defend Haerlem and Valenciennes in Hainault, and went on till under the conduct of William of Nassau prince of Orange, they declared the king of Spain to have fallen from the government of those countries; and so effectually shook off the yoke of Spanish tyranny.
10. If we go to the French Hugonets, we will find many instances among them, and many brave heroes raised up, to maintain the principle, and prosecute the practice thereof, of older and later date. The history of the civil wars of France is stored with their trophies; and the memories of Conde and Coligni will ever be fragrant. There were many resistances there, both before and since the Parisian massacre. It is sad, that the present protestants there are so far degenerate from the spirit of their ancestors.
11. The many practices of the Hungarians, resisting the encroachments of the house of Austria, prove the same. And when Matthias denied the free exercise of religion unto the protestants of Austria, they took up arms in their own defence, and sent a protestation unto the states of Hungary, requiring their assistance, conform to their league. And now this present war there founded upon this plea.
12. The Polonians have oftentimes levied war against their kings: and we are furnished by Clark in his Martyrol. with a late instance of their resistance against the sovereign powers, at Lesna in Poland, in the year 1655.
13. The Danes and Swedes have not been wanting, for their parts, in taking course with their Christierns, kings of that name, whom they resisted and punished. And generally, wherever the reformation was received, we find this principle espoused, and the practice of it prosecuted. Nay, there hath been no nation in the world, but it will be found, they have either resisted or killed tyrants.
14. The most deserving and celebrated monarchs in the world have espoused the quarrel of oppressed subjects. Not only such as Tamerlane, whose observable saying is noted, when he advanced against Bajazet, I go (says he) to chastise his tyranny and to deliver the afflicted people. And Philip and Lewis of France, who assisted the barons of England against king John. And Charles the great, who upon this ground undertook a war against the Lombards in Italy. But even Constantine the great, hath it recorded for his honour, that he employed his power and force against Licinius, upon no other motive but because he banished, tortured, and destroyed those Christians in his dominions, that would not abandon their religion. And queen Elisabeth is commended for assisting the Dutch to maintain their religion by force, when they could not enjoy it by favour. And king James the VI. gave public aid to the protestants in Germany and Bohemia against the emperor. Against whom also Gustavus Adolphus marched, that he might deliver the oppressed cities from the bondage that Ferdinand had brought them into. Yea, king Charles I. this man's father, pretended at least to help the protestants in France at Ree and Rochel: and though he himself was avowedly resisted by the parliaments of both kingdoms, yet he was forced to declare, in his acts of oblivion and pacification, The Scots late taking up arms against him, in defence of their religion, laws and privileges, to be no treason nor rebellion.--See Apol. Relat. Sect. 11. pag. 149. And though the late Charles II. condemned all the risings of the people of Scotland for defence of religion and liberty, and their lives and privileges which his own tyranny forced them into; yet he justified the present revolt of heathens and Mahometan subjects from the young king of Bantam in Java Major in the East Indies, who, when he got the government in his hands by his father's resignation, killed his subjects, and caused them to be killed without any cause, which was the reason of their revolt from him, and defending the father against the son: this defensive war of these subjects was justified by the said Charles, in his sending ammunition, &c. for relief. These, and many more instances that might be adduced, are sufficient evidences of the righteousness and reason of such resistances, when the greatest of princes have undertaken the patrociny of them.
III. From scripture proofs. I shall but briefly gather some of the many that might be pressed, which being put together, to me seem impregnable. I shall reduce them to these Heads, 1. I shall adduce some practices of the Lord's people, frequently reiterated, never condemned, always approven, confirming this point. 2. Some severe reprehensions for their omission of this duty, in the season thereof. 3. Some promises both of spiriting for the duty, and of countenancing it, when undertaken. 4. Some precepts commanding such atchievements. 5. Some prayers supplicating for them. All which put together will make a strong argument.
First, For practices of this kind, there is nothing more common in scripture history.
1. I shall begin at the first war that is recorded in the world: wherein some lots fell to the godly at first, but afterwards by the virtue and valour of their brethren they were vindicated, and the victory recovered with honour. Lot, and his family living in Sodom, was taken prisoner, by Chedarlaomer and his confederates, Gen. xiv. 12. but Abraham hearing of it, armed his trained his servants, and pursued them to Dan, and rescued him, ver. 14,--19. thereby justifying that rebellion of the cities of the plain, by taking part and vindicating the rebels. Hence, he that may rescue subjects from the violence of any tyrannizing domination by arms, may also rise with these subjects to oppose that violence; but here is an example of that in Abraham:--therefore,
2. After the Lord's people were possessed of Canaan, and forgetting the Lord, did enter into affinity with these interdicted nations, some of them were left to prove Israel, that the generations of the children of Israel might know to teach them war, Judg. iii. 1, 2. And when they did evil in the sight of the Lord, he sold them into the hand of Cushan Rishathaim, king of Mesopotamia, whom they served and were subject to eight years, vers. 8. but when they cried unto the Lord, their rebellion, shaking off that yoke, was successful under the conduct of Othniel, vers. 10. And after a relapse unto the like defection, they became subject to Eglon king of Moab, whom they served eighteen years, vers. 14. but attempting the same remedy by arms, under the conduct of Ehud, they recovered their liberty. And after his death, falling into that sin again, which procured the like misery, they became subject to Jabin king of Canaan, who twenty years mightily oppressed them, Judg. iv. 1-3. but by the Lord's commandment, under the conduct of Deborah and Barak, they rebelled and prevailed. Whence, if the Lord's people serving a sovereign domineering power, may shake off the yoke of their subjection: then it is duty to defend themselves and resist them, for there is no other way of shaking it off; but these examples prove the former: therefore,--Obj. If any cavil that these were not their own kings, to whom they owed allegiance, but only invading conquerors, whom they might resist. I answer, (1.) Yet they were the sovereign powers for the time; and therefore, if royalists and loyalists grounds hold good, they ought upon no pretence whatsoever to have been resisted: and though possibly they might not be by compact their own kings, yet by conquest they were, as much as that would make them, and by their own consent, when they paid them king's due, viz. tribute, (2.) No more are they our kings, who either intrude themselves into an arbitrary domination over us, (without any terms of a compact upon a pretence of hereditary succession) or being our covenanted kings overturn all the conditions of their compact, and degenerate into tyrants: to such we owe no allegiance, more than Israel did to these dominators. (3.) I retort that old Colewort twice boiled, who should be judge, whether they were their own lawful kings or not? For they acted as kings, and thought themselves their absolute lords, and gave themselves out to be such; and yet we find an approved rebellion against them. Mr. Gee, in his Magistrate's Original, chap. 8. Sect. 4. Pag. 268. improves these instances to the same purpose; and adds, 'Neither (as far as my observation goes) can any immediate or extraordinary command or word for what they so did be pretended to, or pleaded from the text, for many of them, or for any, save Barak or Gideon.'
3. Yet Gideon's example, though he had an extraordinary call, cannot be pretended as unimitable on the matter; for that was ordinary, though the call and manner was extraordinary. He, with the concurrence of a very few men, did break the yoke of subjection to Midian, Judg. vi. and vii. chap. and having called his brethren out of all mount Ephraim, into a conjunction with him in the pursuit of his victory; when he demanded supply of the princes of Succoth, and of the men of Penuel, and they denied it, he served them as enemies. Whence, if a small party may with God's approbation deliver themselves, and the whole of their community, from the bondage of their oppressing dominators whom they had served several years, and may punish their princes that do not come out to their help, in a concurrence with them, and encouragement of them in that attempt; then must it be duty to defend themselves against their oppressors that rule over them, and all ought to concur in it; or else there would not be justice in punishing them that were defective in this work; but we see the former from this example: therefore,--Obj. If it be said, Gideon, and the rest of the extraordinary raised judges, were magistrates, therefore they might defend and deliver their country, which a private people that are only subjects may not do. I answer. (1.) They were subject to these tyrants that oppressed them who were then the sovereign powers of that time, and yet they shook off their yoke by defensive arms. (2.) They were not then magistrates when they first appeared for their country's defence and deliverance, neither in that did they act as such, but only as captains of rebels, in the esteem of them that had power over them. It is clear, Gideon was not ruler, till that authority was conferred upon him after the deliverance. See Judg. viii. 22, &c. yet he did all this before.
When his bastard Abimelech usurped the government, and was made king by the men of Shechem, at length God sending an evil spirit between him and his accomplices that set him up, not only was he resisted by the treacherous Schechemites, (which was their brand and bane in the righteous judgment of God), for their aiding him at first and killing his brethren, Judg. ix. 23, 24, &c. but also he was opposed by others of the men of Israel, as at Thebez, where he was slain by a woman, vers. 50. at the end. Whence, if an usurping tyrant, acknowledged as king by the generality, may be disowned by the godly, and threatened with God's vengeance to consume both him and his accomplices that comply with him; and if he may be opposed and resisted, not only by those that set him up, but also by others that were in subjection to him, and at length be killed by them, without resentment of the rest of the nation; then must it be duty for a people, who had no hand in the erection of such a dominator, to defend themselves against his force; but the former is true by this example: therefore----.
5. When Israel fell under the tyranny of Ammon, oppressing them eighteen years, they did, by resisting these supreme powers, shake off their yoke, under the conduct of Jephthah. And being challenged sharply by the men of Ephraim, who it seems claimed the prerogative of making war, and therefore came to revenge and reduce Jephthah and his company to order, casting herein belike a copy to our regular loyalists, who are very tenacious of this plea of the Ephraimites, that, at least, without the nobles of the kingdom, no war is to be made; yet we find Jephthah did not much regard it, but stoutly defended himself, and slew of them 42,000 men, by their Shibboleth, Judg. xii. If people then, when questioned for defending themselves, by them that claim a superiority over them, and should deliver them, may defend themselves both without them and against them; then it is a people's duty and privilege: but the former is true by this example.
6. They were then made subject to the Philistines 46 years, whom the men of Judah acknowledged for their rulers: yet Samson, that rackle-handed saint, never ceased from pelting them upon all occasions: and when challenged for it by the men of Judah, saying, 'Knowest thou not that the Philistines are rulers over us? What is that, that thou hast done?' Samson objects nothing against their being rulers; but notwithstanding prosecutes his purpose of vindicating himself in defence of his country, as they did unto me, says he, so have I done unto them, Judg. xv. 11. Hence, If saints may avenge themselves upon them whom the country calls rulers, and when enabled by God, may do to them as they did to them; then must it be a duty for them to defend themselves against them; but the antecedent is true by this example.
7. When Saul, in the pursuit of the Philistines, had charged the people with a foolish oath (like unto many of the ensnaring oaths that monarchs use to impose upon people) not to eat any food until the evening, Jonathan his son tasted but a little honey, and lo he must die; which Saul confirmed with another peremptory oath, God do so to him, and more also, if he should not die. Whereupon the people, as resolute on the other hand to save him, resisted the rage of that ruler, and swore as peremptorily, that not one hair of his head should fall to the ground. So the people rescued Jonathan that he died not, 1 Sam. xiv. 44, 45. Hence, If people may covenant by oath to resist the commands, and rescue a man from a tyrant's cruelty, then it is duty to defend themselves against him: the antecedent is true here.
8. Afterwards, when the manner of the king, presaged by Samuel, was verified in Saul's degeneration into many abuses of government, this privilege of resistance was not wholly mancipated, but maintained by David's defensive appearance with his little army, he took Goliah's sword, not for ornament, or only to fright Saul, but to defend himself with it, and was captain first to four hundred men, 1 Sam. xxii. 2. had a mind to keep out Keilah against him with six hundred men, 1 Sam. xxiii. 13. and afterwards a great host came to him to Ziklag, while he kept himself close because of Saul the son of Kish, 1 Chron. xii. 1. throughout, where they left Saul, and came and helped David against him. This is proved at length by Lex Rex. quest. 32. p. 340.
9. The city Abel, whether Sheba the traitor had fled, did well to resist Joab the king's general, coming to destroy a whole city for a traitor's sake, and not offering peace to it (according to the law, Deut. xx. 10.) and defended themselves by gates and walls, notwithstanding he had a commission from the king, 2 Sam. xx. and after the capitulating, they are never challenged for rebellion.
10. The ten tribes revolted from the house of David, when Rehoboam claimed an absolute power, and would not acquiesce to the people's just conditions, 1 Kings xii. 2 Chron. x. which is before justified, Head 2. Hence, if it be lawful for a part of the people to shake off the king, refuse subjection to him, and set up a new one, when he but resolves to play the tyrant; then it must be duty to resist his violence, when he is tyrannizing; but the antecedent is clear from this example. This is vindicated at more length by Jus pop. ch. 3. p. 52.
11. The example of Elisha the prophet is considerable, 2 Kings vi. 32. "Elisha sat in his house, (and the elders sat with him) and the king sent a man before him; but ere the messenger came to him, he said to the elders, See how this son of a murderer hath sent to take away mine head; look when the messenger cometh, shut the door, and hold him fast at the door: is not the sound of his master's feet behind him?" Here was violent resistance resolved both against the man and the master, though the king of the land for the time. And this calling him the son of a murderer, and resisting him, is no more extraordinary (though it was an extraordinary man's act) than it is for a plaintiff to libel a true crime against a wicked person, and for an oppressed man to close the door upon a murderer, Lex Rex, quest. 32. p. 346. Hence, if a king or his messenger coming to use unjust violence, against an innocent subject, be no more to be regarded than a murderer's emissary, but may be resisted by that innocent subject; then must a community of such innocent subjects defend themselves against a tyrant or his emissaries, coming against them on such a wicked errand; the antecedent is here clear.
12. The city Libnah revolted from under Jehoram's tyranny, 2 Chron. xxi. 10. p. Martyr on the place saith, They revolted, because he endeavoured to compel them to idolatry. This is justified above, Head 2. Hence, if it be lawful for a part of the people to revolt from a tyrannical prince, making defection from the true religion; then it is duty to defend themselves against his force: the antecedent is here plain.
13. When Athaliah usurped the monarchy, Jehoiada the priest strengthened himself, and made a covenant with the captains, &c. to put her down, and set up Joash, 2 Kings xi. 2 Chron. xxiii. and when she came and cried, treason, treason, they regarded it not, but commanded to kill her and all that help her. Whence, if those that are not kings may lawfully kill an usurpress, and all her helpers, then may a people resist them; but Jehoiada, though no magistrate, did it.
14. The repressing and punishing Amaziah the son of Joash is an undeniable instance, vindicated by Mr. Knox. See above, per. 3. p. 54. After the time that he turned away from the following the Lord, the people made a conspiracy against him in Jerusalem, and he fled to Lachish, but they sent and slew him there, 1 Kings xiv. 19. 2 Chron. xxv. 27. Hence, a fortiori, if people may conspire and concur in executing judgment upon their king turning idolater and tyrant, then much more must they defend themselves against his violence.
15. The same power, of people's resisting princes, was exemplified in Uzziah or Azariah, when he would needs be supreme in things sacred as well as civil, 2 Kings xv. 2 Chron. xxvi. Fourscore priests, that were valiant men, withstood him, and thrust him out of the temple, they troubled him, saith Vatablus, they expelled him, saith Ar. Mont. vid. Pool's Synopsis. in Loc. See this vindicated by Mr. Knox. Per. 3. pag. 48, 49. above. Hence, if private subjects may, by force, resist and hinder the king from transgressing the law, then must they resist him when forcing them to transgress the law of God.
16. After the return from the Babylonish captivity, when the Jews were setting about the work of building the temple, which they would do by themselves, and not admit of any association with malignants (upon their sinister misinformation, and sycophantic accusation, that they were building the rebellious and bad city, and would refuse to pay the king toll, tribute, and custom) they were straitly discharged by Artaxerxes to proceed in their work, and the inhibition was execute by force and power, Ezra iv. But by the encouragement of the prophets Haggai and Zechariah, countermanding the king's decree, they would not be hindered, the eye of their God being upon them, though Tatnai the governor of those parts, Shetharboznai, and their companions, would have boasted them from it, with the usual arguments of malignants, who hath commanded you to do so and so? Ezra v. 3.--5. And yet this was before the decree of Darius was obtained in their favours, Ezra vi. Hence, if people may prosecute a duty without and against a king's command, and before an allowance by law can be obtained; then may a people resist their commands and force used to execute them: but here the antecedent is manifest.
17. When Nehemiah came to Jerusalem, and invited the Jews to build up the walls of the city, they strengthened their hands for that good work against very much opposition: and when challenged by Sanballat the Horonite, Tobiah the servant, the Ammonite, and Gesham the Arabian. Great king's-men all of them, who despised and boasted them, What is this that ye do? Will ye rebel against the king? Say they. He would not plead authority, though, in the general, he had the king's warrant for it; yet he would not give them any other satisfaction, than to intimate, whether they had that or not, having the call of God to the work, they would go on in the duty, and God would prosper them against their opposition, Neh. ii. 19, 20. and accordingly, notwithstanding of all scoffs, and plots, and conspiracies, to hinder the building, yet they went on, and were encouraged to remember the Lord, and fight for their brethren, &c. and to build with weapons in their hands, Neh. iv. and brought it to an end, notwithstanding of all their practices to fright them from it, chap, vi. Hence, If neither challenges of rebellion, nor practices of malignant enemies who pretend authority, nor any discouragements whatsoever, should deter people from a duty which they have a call and capacity from God to prosecute, and if they may promove it against all opposition by defensive arms; then, when a people are oppressed and treated as rebels, for a necessary duty, they may and must defend themselves, and maintain their duty, notwithstanding of all pretences of authority against them.
18. I shall add one instance more, which is vindicated by Jus Populi, from the history of Esther. Because Mordecai refused to do homage to a hangman, (Haman I should say) a cruel edict was procured from Ahasuerus to destroy all the Jews, written and sealed with the king's ring, according to the laws of the Medes and Persians, becoming a law irrevocable and irreversible, Esther iii. 12, 13. Yet the Lord's providence, always propitious to his people, brought it about so, that Haman being hanged, and Mordecai advanced, the Jews were called and capacitated, as well as necessitated, to resist that armed authority that decreed to massacre them, and that by the king's own allowance, Esther ix. When his former decree drew near to be put in execution, in the day that the enemies of the Jews hoped to have power over them, it was turned to the contrary, that no man could withstand them. Here they had the allowance of authority to resist authority: and this was not a gift of a new right by that grant, which they had not before; only it was corroborative of the irradical right to defend themselves, which is not the donative of princes, and which they had power to exercise and use without this, though may be not the same capacity; for the king's warrant could not make it lawful in point of conscience; if it had not been so before. Hence, if people may have the allowance of well advised authority, to resist the decree and force of unlawful authority; then may a people maintain right authority, in defending themselves against the injuries of pretended authority; but by this instance we see, the Jews had Ahasuerus's allowance to resist the decree and force of his own ill advised authority, though irreversible. And hence, we see, that distinction, in this point, is not groundless, between resisting the authority of supreme powers, and the abuses of the same.
2dly, We have in the scripture both tacit and express reproofs, for lying by from this duty in the season thereof,
1. In Jacob's swan song or prophetical testament, wherein he foretels what should be the fate and future condition of each of the tribes, and what should be remarked in their carriage influencing their after lot in their generations, for which they should be commended or discommended, approved or reproved; coming to Issachar, he prophetically exprobates his future ass like stupidity, that indulging himself in his lazy ease, and lukewarm security, he should be mancipate himself and his interests into a servile subjection unto his oppressors impositions, even when he should be in a capacity to shake them off, and free himself, by resistance, Gen. xlix. 14, 15. "Issachar is a strong ass couching down between two burdens." This is set down by the Holy Ghost, as the brand and bane, not of the person of Issachar, Jacob's son, but of the tribe, to be inured upon them, when they should be in such a condition by their own silliness: Hence I argue, If the Holy Ghost exprobrate a people for their stupid subjection to prevailing tyranny, when they do not improve their ability, capacity, and right to maintain and defend their liberties and privileges, from all unjust invasion; but the former is true here: therefore also the later.
2. In Deborah's song after their victorious resistance, the people are severely upbraided for not concurring in that expedition, Jud. v. 16, 17, 23. and Meroz is particularly cursed for not coming to the help of the Lord, to the help of the Lord against the mighty. This is recorded as a resting reproof, against all that will with draw their helping hand from the Lord's people, when necessitate to appear in defensive arms for the preservation of their lives and liberties. On the other hand, Zebulon and Naphthali are commended for jeoparding their lives in the high places of the fields, and are approved in that practice of fighting against the king of Canaan, that then ruled over them, ver. 18, 19. Hence, if people be reproved and cursed for staying at home to look to their own interests, when others jeopard their lives for their countries defence and freedom from tyranny and oppression; then this implies it is a duty to concur in so venturing; but here, Reuben, Dan, Asher, and Meroz, are reproved and cursed for staying at home, when Zebulon and Naphthali jeoparded their lives, &c. Ergo.
3dly, We have in the scriptures many promises of the Lord's approving and countenancing the duty of defensive arms, even against their oppressing rulers.
1. In that forecited testament of the patriarch Jacob, in that part of it which concerns God, he prophesies that tribe shall have a lot in the world answering his name, and be engaged in many conflicts with oppressing dominators, who at first should prevail over him, but at length God should so bless his endeavours, to free himself from their oppressions, that he should overcome. There is an excellent elegancy in the original, answering to the etymology of the name of Gad, which signifies a troop, reading thus in the Hebrew, Gad, a troop shall overtroop him, but he shall overtroop them at the last, Gen. xlix. 19. And Moses homologating the same testimony, in his blessing the tribes before his death, shows, that he should make a very forcible and successful resistance, and should execute the justice of the Lord over his oppressors, Deut. xxxiii. 20, 21, Wherein is implied a promise of resistance to be made against oppressing conquerors, who should acquire the supreme rule over them for a time: and the success of that resistance for overcoming, necessarily supposes resistance. Hence, where there is a promise of success at last to a people's conflicts against prevailing tyranny, there is implied an approbation of the duty, and also a promise of its performance wrapped up in that promise; but here is a promise, &c. Ergo--
2. In that threatning against tyrants, shewing how they shall be thrust away and burnt up with fire, there is couched a promise, and also an implied precept of resisting them, 2 Sam. xxiii. 6, "The sons of Belial shall be all of them as thorns thrust away--with hands fenced with iron," &c. which clearly implies resistance, and more than that, rejection and repression. Hence, If it be threatned as a curse against rulers of Belial, and promised as a blessing, that they shall be so roughly handled; then this implies a duty to resist them, who cannot be otherways taken; but here this is threatned, &c.
3. When the Lord shall have mercy on Jacob, and chuse Israel, it is promised, Isa. xiv. 2, 3. "That they shall take them captives, whose captives they were. And they shall rule over their oppressors." This necessarily implies and infers a promise of resistance against these oppressing rulers, in the time of their domineering, as well as revenge after their yoke should be broken; and something of men's actions, as well as God's judgment in breaking that yoke; for they could not take them captives, nor rule over them, except first they had resisted them whose captives they were: there is resisting of the supreme power, subjection whereunto was the bondage wherein they were made to serve. Hence, If it be promised, that a captivated and subjugated people shall break the yoke, and free themselves of the bondage of them that had them in subjection; then it is promised in that case, they must resist the supreme powers; for such were they whose captives they were: the antecedent is here expressed.
4. There are promises that the Lord's people, when those that rule over them are incensed against the holy covenant, and when many of their brethren that should concur with them shall be frighted from their duty by fear, or corrupted with flattery, shall be made strong to exploits, though in such enterprizes they may want success for some time, "and fall by the sword and flame, and by captivity, and spoil many days," Dan. xi. 30,--34. Which is very near parallel to the case of the covenanted people of Scotland, their appearing in defensive exploits against their covenant-breaking rulers these many years bygone. This was very eminently fulfilled in the history of the Maccabees, before rehearsed. Hence, If it be promised, that a people shall be strong to do exploits, in resisting the arms of their rulers, opposing their covenant, and overturning their religion and liberties; then it must be approven that such resistance is lawful, even though it want success; but this is here promised. To the same purpose it is promised, that after the Lord's people have been long kept as prisoners under the bondage of oppressing rulers, they shall by a vigorous resistance, be saved from their tyranny, Zech. ix. 13,--17. "When the Lord shall bend Judah for him, and raise up Zion's sons against the sons of Greece."--So it was in their resistances and victories against the successors of Alexander, who had the rule over them for a time. And so it may be again, when the Lord shall so bend his people for him. Hence, If the Lord promises to fit and spirit his people for action against their oppressing rulers, and to crown their atchievements, when so fitted and spirited, with glorious success; then it is their duty, and also their honour to resist them; but here that is plainly promised.
5. There are promises of the Lord's making use of his people, and strengthening them to break in pieces the power of his and their enemies, and his defending, and maintaining them against all their power and projects, when they think most to prevail over them. As is promised in the threatned catastrophe of the Babylonian usurpation, Jer. li. 20,--24.--"Thou art (says he to Israel, of whom he speaks as the rod of his inheritance in the preceding verse) my battle ax and weapons of war, and with thee will I break in pieces," &c. Whensoever this hath been, or shall be accompshlied, (as it may relate to the vengeance to be execute upon the New Testament Babylon) it clearly implies their breaking in pieces powers that were supreme over them. Hence, If the Lord will make use of his people's vindictive arms against Babylon ruling over them, then he will justify their defensive arms against Babylon oppressing them. Here it is promised, &c. So Micah iv. 11. to the end. Many nations shall be gathered to defile and look upon Zion, and then the Lord shall give an allowance and commission to his people to arise and thresh, &c. What time the accomplishment of this is referred to, is not my concern to enquire: it seems to look to the New Testament times, wherein the Lord's people shall be first in great straits, and then enlarged; but to restrict it to the spiritual conquest over the nations by the ministry of the word, (though I will not deny but that may be included) seems too great a straitning of the scope, and not so apposite to the expressions, which certainly seem to import some forcible action of men, and more than the peaceable propagation of the gospel. It is usually referred to the latter days of that dispensation, when both the Jewish and Gentile Zion shall be totally and finally delivered from Babylon, or antichristian tyranny; before, or about which period, the enemies of Christ and of his people shall attempt their utmost power to destroy the church, groaning under their bondage; but when they are all well mustered in a general rendezvous, the Lord's people shall have a gallant game at the chace. But whensoever the time be of fulfilling the promise, it ensures to the people of God the success of their defensive arms against them that pretended a domination over them. And it looks to a time, when they should have no rulers of their own, but them under whose subjection they had been long groaning, and now brought to a very low pass; yet here they should not only resist, but thresh them. Hence, If in the latter days the people of God are to be honoured, and acted forth with such a spirit and capacity to thresh and beat down these powers under which they have been long groaning; then, when the Lord puts them in such capacity to attempt it, they should be ambitious of such an honour; but here it is promised, &c.
The same may be inferred from the prophet's vision, Zech. i. 19, 20. He sees four carpenters resisting the four horns; the horns scattered Judah, so that no man did lift up his head; but the carpenters came to fray them, to cast out the horns of the Gentiles, which lifted up their horn over the land of Judah. These horns had the supreme power over Judah for a time, while they were in no capacity to resist them; but as soon as the Lord furnishes them with capacity and instruments impowered to resist them, they do it effectually. The carpenters are certainly the Lord's people themselves; for here they are opposite to the Gentiles, which all were except the Lord's people. Hence, if the Lord promises, when reconciled to his people, to furnish them with instruments to fray and scatter the power of tyrants, who have long borne down their head; then when they are so furnished, they may resist them: but the Lord here promises that, &c. This is more plainly promised also, Zech. x. 5. &c. "Then they shall be as mighty men which shall tread down their enemies,--And the pride of Assyria shall be brought down"--Hence, if the Lord, when he shall have mercy on his people, will bless their resistance so, as to bring down the pride and sceptre of them that had the power over them; then, in hope of such a blessing, they may attempt such a duty, when the call is clear.
Fourthly, We have also precepts, from whence we may consequentially conclude the approven duty of defensive arms against oppressing rulers.
1. The children of Israel are commanded to vex the Midianites, and smite them, for saith the Lord, they vex you with their wiles, Numb. xxv. 17, 18. And to avenge themselves, Numb. xxx. 2. Which did not only oblige the people, when they had Moses for their magistrate to lead them forth; but in the days of Gideon, when they were under their rule whom they were to avenge themselves upon. Hence, if people must vex their enemies, and avenge themselves of them, by war offensive, when ensnared by their craftiness; much more may they resist them by a war defensive, when invaded by their cruelty.
2. There is a command to punish every city or party making apostacy unto idolatry, Deut. xiii. 12, 15. Upon this moral ground was Israel's war against Benjamin, Judg. xx. And their bringing Amaziah unto condign punishment; which is vindicated by Mr. Knox, See above Per. 3. pag. 52, 53. Hence, if people are to bring to condign punishment idolatrous apostates seeking to entice them; then much more ought they to resist such tyrants seeking to enforce them to such apostacy.
3. There is a precept, not only to defend, but also to rescue and deliver our brethren when in hazard, Prov. xxiv. 11, 12. We must not forbear to deliver them, when drawn to death: which will at least infer the duty of assisting them when forced to defend themselves; for, if it be a duty to rescue them from any prevailing power that would take their lives unjustly, much more is it duty to defend them and ourselves both against their murdering violence; but it is duty to rescue them, &c.
4. All that would learn to do well, are commanded, Isa. i. 17. to relieve the oppressed; which is not spoken to magistrates only, many of whom were the oppressors, the princes were rebellious, and companions of thieves, ver. 23, So also, Isa. lviii. 6. It is required of a people that would be accepted of God in their humiliations; to let the oppressed go free, and to break every yoke. Hence, if it be duty to relieve the oppressed by breaking the yoke of them that oppress them; then it is duty to defend them and ourselves, both against them that would oppress us more; but the former is here commanded: Therefore, &c.
5. There is a command for a spoiled oppressed people, when the Lord is reconciled to them, and sympathizes with them, to deliver themselves from their rulers servitude, Zech. ii. 7. 'Deliver thyself O Zion, which dwellest with the daughter of Babylon.' Which comprehends all the ordinary active means of people's delivering themselves, from oppressing powers that rule over them: and consequently defensive resistance; for it cannot only be restricted to flight included (ver. 6.) the promise annexed (ver. 9.) imports more, when they that spoiled them shall be a spoil to their servants: whereby it insinuated, they were so to deliver themselves, as not only to free themselves from their servitude, but to bring their masters under subjection. Hence, if the Lord's people, being subject to tyrants ruling over them for the time, may deliver themselves from their oppressing masters, then may they resist them, and defend themselves: The antecedent is express here in the command.
6. There is a command given by Christ to his disciples, to provide themselves with defensive weapons, necessary for their defence against them that would pursue after their lives; as well as with other things necessary for their sustenance, Luke xxii. 36.--'Now he that hath a purse let him take it, and likewise his scrip, and he that hath no sword, let him sell his garment and buy one.' Before, when he had sent them out upon an extraordinary commission, as it were to serve their apprenticeship in the work of the gospel, he did not allow them such solicitous care to provide themselves, because he would give them a proof of his sufficiency to sustain and protect them, without the ordinary means of their own diligence. But now when he was about to withdraw his bodily presence from them, and would warn them of the discouragements they were to expect in the prosecutions of their more continued work, which they had a commission for not to be retracted, he would not have them to expect provision and protection by a course of miracles, but to provide themselves with means for their sustenance, and also for their defence against the violence of men: which chiefly was to be expected from their rulers, who would persecute them under the notion of transgressors of the laws of their kingdoms and countries. He was not indeed to make much use of them, at that time, for himself; who was then to finish the work of redemption by suffering: only, that what was written might be accomplished in him, he would make so much use of them, as voluntarily to be involved under the censure and reproach of rebellion, being taken among men in arms, that he might be reckoned among transgressors, ver. 37. Therefore, when they told him, they had two swords, he said, 'It is enough,' ver. 38. I need not stand upon that impertinency of a conceit, that these were spiritual swords; which deserve no confutation, being fitter to be put among quakers delirious distractions, than to be numbered among the notions of men of understanding: for then the purse and the scrip must be spiritual too; and these spiritual things must be bought by selling of garments; and yet they would be such spiritual tools, as would a sharp edge for cutting off of carnal ears, and such as would be both visible and sensible; and two of them would be enough. They were then ordinary material swords, which the Lord commands his followers to provide themselves with for their defence as men, in cases of necessity, and, when they should be in a capacity to improve them against their murdering persecutors, against whom he gives his royal grant of resistance; that the world may know his subjects, though they have more privileges spiritual, yet they have no less human privileges than other men: albeit, at that period of his determined suffering, he would not allow the present use of them. Hence, if the Lord's people should provide themselves with arms of defence, though they should be reputed transgressors for so doing; then may they use these arms of defence against them that persecute them under that notion; but the antecedent is clear: Therefore, &c.
Fifthly, We may infer the same truth from some of the prayers of the saints, wherein they glory in the confident expectation of the Lord's strengthening them, and favouring and approving their helpers, and in the experience of the Lord assisting them, while in the mean time constitute in a formed appearance of resistance. I shall only hint these,
1. In that prayer, Psal. xliv. 5. They glory, in hope, that through the Lord they will push down their enemies, &c. yet now they were under the power of tyrannizing dominators which they were resisting: for, ver. 9. they complain they were put to shame, because the Lord went not forth with their armies, and they which hated them spoiled them,--And for his sake were killed all day long: hence, they plead, That the Lord would awake,--and not forget their affliction and oppression. Whereby it is evident they were under the yoke of tyrannizing powers, and resisting according to their might. Which, by whomsoever, or upon what occasion soever the Psalm was compiled, shews, that no want of success in resisting tyrants, can mar the saints faith in pleading for the Lord's assistance and approbation of the duty. Hence, they that, in faith, may pray for, and boast of their treading down their tyrannizing powers that rise up against them, may also, in faith, attempt the resisting of them in their own defence; but here the Lord's people did the former.
2. We find David under Saul's persecution, while he had a party of 600 men to defend himself against his rage, in the psalms which he composed upon that occasion, not only complaining of oppressors, but encouraging himself in the faith that God would be with them that assisted him, in his essay of defending himself, and imprecating destruction to Saul and his accomplices; that the Lord would cut them off in his truth, and let him see his desire upon them, Psal. liv. 4, 5. last verse. And Psal. lvii. 4. And Psal. lvii. throughout. And Psal. cxl. 7, 9. He imprecates against the head of them that compassed him about, and consequently against Saul. Whence I argue, 1. If the Lord's people, conflicting with, and encompassed with oppressing rulers as so many lions and dogs, may pray and praise for the help of those that assist them, in their endeavours of self preservation from them; then may they make use of their help for their defence, for which they pray and praise; but here we see the Lord's people did the former: Therefore they may do the latter. 2. If we may pray against kings, and for preservation from them; then may we defend ourselves against them, and endeavour the means of that preservation for which we pray. The connexion is before cleared; yet here I add: That which will give a dispensation from our duty of praying for them, will also dispense from the duty of being passively subject to their will; and consequently will allow defending ourselves from their violence; but here we see tyranny and treachery, and designed mischief will give a dispensation from our duty of praying for them, though that be duty as indispensible as subjection. Again, if any thing demur us from resisting of princes, it must be respect to their majesty, and the character of the Lord's anointing upon them; but we see, no respect to that will demur a believer from praying in faith against them: therefore no such respect will hinder, but that he may defend himself against his violence. And indeed, if we consider it right, if the impression of any majesty God hath put upon princes, should bind up our hands from any resistance, it will restrain from prayer resistance: for, if that impression have any force at any time, it must be when a man is most solemnly stated before God, and speaking to God as a Christian, rather than when he is acting as a man with a man like himself: and as prayer resistance is the more formidable and forcible resistance than any other (as this Saul and many other kings, have found by their woful experience) so it is more restricted than other resistance; for we may defend ourselves against many whom we must not pray against, to wit, our private enemies, for whom we are commanded to pray: yet nobody will deny but we may resist their violence: and likewise, we are commanded to pray for kings, when invested with God's authority; but when their degeneration looses us from that obligation to pray for them, and allows us to pray against them when they turn enemies to God (as we see in the prayers of the psalmist) then also we may more warrantably resist them by defensive arms.
3. Among the hallelujahs, in the end of psalms, there is one calculated for the prevailing time of the church, when the Lord shall take pleasure in his people. In that time of the saints being joyful in glory, when they may glory in the rest and security the Lord will vouchsafe upon them, they are prophetically and very pathetically excited to praise prayer-ways, Psal. cxlix. 6. to the end. "Let the high praises of God be in their mouth, and a two-edged sword in their hand,--to bind their kings with chains,--to execute upon them the judgment written; this honour have all the saints, hallelujah," This was their praise and honour, when they were brought in to execute vengeance upon the kings and nobles of Canaan. This also, in David's time, was the ambition, and also the attainment of the saints, in their triumphant victories over many of their oppressors round about them. But it looks to a further and more famous execution of vengeance upon the tyrants of the earth, when they shall have long kept under the church of God, and at length the Lord shall give his people a capacity to break their yoke: which, whenever it shall be, shall be their honour. Hence, if it is the honour of the saints, when the Lord puts them in capacity, to execute vengeance upon their enemies, though they be kings that oppress them; then it may be their ambition to seek it, at least they may resist them. Thus from several scripture practices, reproofs, promises, precepts, and prayers, this truth may be proven. From which scriptures, though other precious truths are more natively deduced, yet this truth by unstrained and unconstrained consequence may be also clearly inferred.
HEAD VI.
The Sufferings of some, upon the account of extraordinary executing of Judgment upon notorious Incendiaries, and murdering public Enemies by private Persons in the circumstances wherein they were stated vindicated.
Surely (saith Solomon) oppression maketh a wise man mad, as on the other hand, a gift destroyeth the heart. Which, whensoever there is a concurrence and verification of both together, makes it very incident, and noways to be admired, that either some actions of the oppressed be censurable; or, that there be found many to censure them, either out of ignorance or prejudice, at a far off glance, which a nearer or narrower inspection of circumstances, through a prospect of charity, would not so readily condemn. When the oppression of tyrants comes to such a height and pinch of extremity, that it not only threatens a community with desolation, but induces a necessity of unavoidable dissolution, and reduces a people to such a paroxism of desperation and consternation (in respect of human deliberation bringing them to their wits end) that either they must succumb as slaves, and mancipate consciences, persons, liberties, properties, and all they are or have, to the lust of raging tyrants, and their revenging emissaries,; or surrender themselves, and their posterity, and, which is dearer, the interest of religion, to be destroyed: then it is no wonder, that they be sometimes necessitated in such an extremity, to apply extreme remedies to extremity of evils, and forced to fall upon such expedients to prevent their utter extermination, as at other times common order, and ordinary justice would make extravagant. Yea it is no marvel, though they fall into several real extravagancies, which are not to be justified nor extenuated; but rather it is to be acknowledged, as a miracle of the Lord's mercy, that in such a case they are restrained from more scandalous excesses of that nature. Yet even then, such as live at ease, free of oppression who are blinded with prejudice at the oppressed, and bribed with the indulgence and lenity of the oppressors towards themselves, will look upon these actions as transports of madness, and effects of extravagant zeal, while they weigh them only in the scales of ordinary justice, and do not ponderate them in the ballance of necessitated virtue; nor perpend the circumstances which made those extraordinary acts of judgment, which materially are lawful at all times to be executed by some, to be then necessary acts of justice to be inflicted by them in such a case. But if either the oppressors themselves, or such who are blinded and bribed with their gifts, and killed with their kindness, not only into an omission of concurring, but into a condemning of such extraordinary attempts of taking off those destroyers; or, if onlookers at a distance, would seriously consider, and ingeniously declare their opinion, in a particular application of the case to themselves, what they would do in such circumstances: I doubt not, but as charity should oblige them to be sparing of their censure, in a case whereof they have no experience; so justice, in resolving this point for themselves, would constrain them to justify such extraordinary necessitated practices for self-preservation, in preventing punishing, by destroying their destroyers, and move them rather to admire their patience, who have suffered so much and so long those beasts of prey to devour them, than to censure their precipitancies, in being constrained to endeavour to deliver themselves at last from, and put an end to their cruelty who did most annoy them. 'Yea, (as Naphtali says very well) it were impossible that rational men, after the feeling of so sore grievances, and the teaching of so many and sad experiences, should still couch under the burden, and submit themselves to the yoke of such vile apostate upstarts and bloody villains, and not rather acquit themselves like men, by pulling off these vizards, under which they mask their villanies and clack their violence; and plucking them out of that sanctuary of loyalty, and refuge of authority, which they do not more pretend than profane by all their horrid rebellions against God, and cruel murders executed upon the Lord's people, to the effect that in the righteous and deserved punishment of these wicked men, both the sin of the land might be sisted, and the fierce anger of the Lord averted,' Naph. first edit. pag. 134. Nevertheless such lawful, and, (as one would think) laudable attempts, for cutting off such monsters of nature, beasts of prey, burdens to the earth, as well as enemies to the commonwealth, are not only condemned as murders and horrid assassinations, but criminally and capitally punished as such. And upon this account, the sufferings of such, as have left a conviction upon the consciences of all that knew them, of their honesty, integrity, soundness in the principles, and seriousness of the practice of religion, have been several singular, and signally severe, and owned of the Lord, to the admiration of all spectators; some being cruelly tortured and executed to the death, for essaying such execution of judgment, as Mr. Mitchel; others for accumplishing it, as Mr. Hackston of Rathillet, and others, who avowed their accession to the cutting off that arch traitor Sharp, prelate of St. Andrews; and others, for not condemning that and the like acts of justice, though they were as innocent of the facts as the child unborn.
The foregoing historical representation of the matters of fact, doth clear the circumstances of the actions: which if ever any of that nature performed by private men without public authority, could be justified, will at least demur the condemning of them. For, the men, or rather monsters, thus removed, had not only been perjured apostates from, and conjured enemies against God, in a conspiracy with the devil, to destroy the reformation, and the remnant that professed it, affronted blasphemers, perfidious betrayers of the country, and enemies to the commonwealth, malignant incendiaries, and habitual murderers of many of the Lord's people, who, for many notorious crimes, had forfeited their lives to justice; but were insolently prosecuting their murdering designs, informing the council, and instigating them against innocent people to destroy them utterly, procuring from them bloody orders to spare none, but cut off all who might fall into their hands, and vigorously and vigilantly with all violence pursuing their murdering mandates, both in their own persons, and by villains, whom they hounded out as intelligencers to get, and to give notice where any of those people might be detected, whom they avowed, and avowed a design to destroy, when in the heat and height of their rage they were cut off. The actors were noways subject to them, nor any other way related, than declared and independent enemies are to one another, having renounced all relation to them and their masters, as magistrates and their superiors; and were in no terms of peace with them, but maintaining an hostile opposition and carrying, without cessation, arms to resist them; and when they got that advantage over them, that these enemies were seeking against them, they declared solemnly to them, and died, declaring it to the world, that they were not moved out of private revenge for personal injuries they had done against themselves; but being touched with the zeal of God, love to their country, respect to justice trampled upon by tyrants, and for saving themselves, rescuing their brethren, and preventing their murdering them, because there were none that would or could execute justice upon them legally: therefore they were forced to put forth their hands against them as enemies, with whose preservation their own could not consist. Their circumstances were such, that they were redacted to the greatest of extremities, precluding all other human possibility of preserving themselves and their brethren from the destruction intended, and declaredly resolved, and restlessly sought and prosecuted, by these murderers, being persecuted to the death by them, daily chased, hunted, way-laid, turned out of their own habitations, intercommuned, discharged and denied all harbour in any house, under the hazard of the same pains that themselves were liable to, which was death by the present law and so forced to hide in caves and dens; out of which they durst not come forth, if it were but to seek bread for themselves, without iminent danger of their lives; the country raising the hue and cry after them, whensover they were seen, whereby many were killed as soon as they were apprehended: hence they could neither escape in the land, nor by flight out of the land, passages by sea and land being stopt, and none suffered to go any where, without strict examination what they were, which was impossible for them to elude: and many other specialties of misery and danger were ingredients in their circumstances, that no words can represent to them that are altogether strangers to them. Wherefore, in such a strait and pinch of perplexity, when they could not other wise escape the fury of these firebrands, nor demur and deter the rest of them from an uncontrouled pursuit after the lives of innocents, nor otherwise avert the wrath of God against the land for the impunity of such vermine; and seeing there was no access to address themselves to magistrates, who by office are obliged to bring such villains to condign punishment; and none were found in public authority, but such as patronized and authorized them; whom in conscience they could not acknowledge, and in prudence durst not make application to them for fear of their lives; what could they do? what was left them to deliberate, but to fall upon this extraordinary course, wherein if they have stumbled into some extravagancies, as to the manner, who can think it strange, considering the case? But as that is not the debate; so as for such acts of vengeance as are peccant in the matter, and were not circumstantiate, as above rehearsed, being disowned in their public declarations, and the actors excluded from their communion, for whom I plead; it were iniquous to impute the scandal of them to that suffering people. It is only the so circumstantiate, necessitated, extraordinary execution of judgment, upon notoriously gross and grassant incendiaries, tyrants, and terrible murdering enemies, where there is no living for them, that I vindicate. And though the handling of this tender and quick-scented subject may seem odious to some, and my discourse upon it is pregnant with an oblique design to obviate such unmerited surmises, I must say, it is only the wiping off of such reproaches as reflect on religion; the vindication of preterite extraordinary practices of this nature; the investigation of present duty with respect to future emergencies; and the restraining all extravagancies incident on this Head, that I intend. However this may be exploded by this generation, as odious and uncouth doctrine; yet, in former periods of this church, it hath been maintained with courage, and asserted with confidence. How the ancient Scots, even after they received the Christian faith, served their tyrants and oppressors, how in the beginning of the reformation, the killing of the cardinal, and of David Rizio, were and are generally to this day justified, and what was the judgment and pleading of our reformers for practicing this principle against idolaters, &c. needs not be here repeated? Mr. Knox's judgment in particular is before declared, and will be further discovered, if we consider how he resented his slackness, in putting people to execute judgment in these words, insert in second part of the cloud of witnesses, p. 60. 'For God (said he) had not only given me knowledge, and a tongue to make known the impiety of the idol, but had given me credit with many, who would have put in execution God's judgments, if I would only have consented thereto: but so careful was I of the common tranquility, and loath was I to offend some, that in secret conference with zealous men, I travelled rather to slacken that fervency God had kindled in them, than to animate and encourage them to put their hands to God's work; wherein I acknowledge myself to have done most wickedly, and from the bottom of my heart I do ask God pardon, that I did not what in me lay to have suppressed that idol from the beginning.' But the preceeding historical representation doth abundantly demonstrate this is no novelty, to assert, that when the ruin of the country, suppression of religion, destruction of the remnant professing and suffering for it, and the wrath of God is threatened in, and for the impunity of idolaters and murderers, that by the law of God and man should die the death; and supposing always such as are in public office not only decline their duty, but encourage those destroyers, yea authorize them themselves, we may not only maintain defensive resistance according to our capacity, but endeavour also vindictive and, punitive force in executing judgment upon them in cases of necessity, as before circumstantiate. And I am the more confident to assert it, that what I say cannot be condemned, till first what our reformers have proven be confuted. However, to endeavour to make it somewhat clear, I shall premit some assertions, to clear the state of the question; and then give some reasons for it, when clearly stated.
First. It will be needful for clearing our way, to shew what length we may warrantably go in this matter of executing judgment, in our private capacity, in extraordinary cases of necessity, by setting down some propositions negative and positive, signifying what we disown, and what we own in this point.
I. What we disown, may appear in these assertions,
1. No necessity nor circumstance supposible whatsoever, can justify the murder of the righteous or innocent, or vindicate the unlawful taking away of their lives directly, or indirectly, immediately, or mediately, which in thought as well as deed we must abhor, as a horrid breach of the sixth command. The guilt whereof may be incurred several ways; as by killing them immediately, as Cain did his brother Abel; or commanded them to be killed, as Saul commanded Doeg to kill the Lord's priests; or contriving their murder, as David did Uriah's, and Jezabel Naboth's; or counselling thereunto, as the people advised the princes to the murder of Jeremiah, and all that cried crucify Jesus were murderers of Christ; or by procuring it, as Haman was guilty of the intended murder of the Jews; or concurring therein, as Joab was guilty of Uriah's death as well as David, and Judas of Christ's by betraying him; or by the patrociny thereof, defending and sparing the murderers when called, by office, to punish them, as David was guilty in not punishing Joab, Ahab in patronizing the murder of Naboth; or by consenting thereunto, as Saul consented to the death of Stephen; or by knowing and permitting, and conniving at it, as is condemned, Prov. xxiv. 11, 12. Whether this be done under colour of law, as Pilate murdered our Lord, Herod killed James; or without all colour, by absolute power, Herod the Ascalonite murdered the infants; or whether it be done by purpose, as Joab murdered Abner and Amasa; or without previous purpose yet with knowledge of the action in the perpetrating of it, as men may do in passion, when provoked beside their purpose, or in a tumult, without intending it beforehand; yet that is murder; Barrabas committed murder in the insurrection. For, as for casual killing, contrary to intention, without knowledge, that's no breach of the command. And, whatever may be said of necessitated delivering up the innocent, pursued by a potent enemy, to deliver the city from his fury; or of preferring our own life to our innocent neighbour, in a case when both cannot be preserved, and by preserving the one lawfully, the other happens to lose his life; I do not meddle with these cases. But since this is taken for granted by casuists, I infer, If it be lawful that an innocent man die in case of necessity, that others may be preserved; then much more is it lawful, that the nocent, who are guilty of murdering the righteous all these ways above specified, and actually prosecuting their murdering designs by these methods, should rather be made to die, than the righteous be destroyed. But of this sort of murder, taking away the life of the righteous, none hath the impudence to accuse that reproached people.
2. though a man kill an innocent unwittingly and willingly, besides his knowledge and against his will; yet he may be guilty of sinful homicide, if he was obliged to know that he was in hazard of it, and neglected to consider, lest a man might be killed by what he was doing: as if a man should shoot at random, when he doth not know but some may be killed thereby: or if one were hewing with an ax, which he either knew or might have known to be loose, and the head not well fastened to the helve, did not advertise those about him of it; if by flying off it happened to kill any person, he were not innocent, but if he knew not without any inadvertency, then he were guiltless, Deut. xix. 5. See Durham on 6. Com. So if a man built a house without battlements, he should bring blood upon his house, if any man fell from thence, Deut. xxii. 8. But of this the question is not.
3. Though a person be not altogether innocent, nor to be reckoned among the righteous; but suppose him wicked and profane, and engaged in an evil course, dishonourable to God, prejudicial to the church and kingdom, and very injurious to us; yet it may be murder to kill him, if he be not guilty of crimes that deserve death by the law of God: for the life of man is not subjected to the arbitrement of any, but his who is the author of life and death; it is necessary to all to obey the law, Thou shalt not kill, without exception, but such killing as is approven by the author of the law, as saith Ames. De Conscientia, cap. 31. quest. 2. Hence, this people so much reproached with extravagant actions, do abundantly clear themselves of that imputation of being of the mind to kill all that differ from them, which was the impudent forgery of the father of lies, in their informatory vindication, Head 3. 'We positively disown (say they) as horrid murder, the killing of any because of a different persuasion or opinion from us, albeit some have invidiously cast this odious calumny upon us.' And it is as clear, they that took the oath of abjuration swore a lie, when they abjured the apologetical declaration, in so far as it is asserted it was lawful to kill all employed in the king's service, when it asserted no such thing, as is shewed above Head 3. To think so much, let be to declare it, far more to practise such a thing against all that served the king, or any merely, because they served him, or because they are in a wicked course, or because they have oppressed us, were abominable: for these things simply do not make men guilty of death, to be punished capitally by men according to the law of God. But when they are stated in such opposition to us, and serve the tyrant's murdering mandates by all those ways above specified; then we may by the law of God and nature and nations, destroy, slay, and cause to perish, and avenge ourselves on them that would assault us, and are seeking our destruction: as it was lawful for the Jews to do with Haman's emissaries, Esth. viii. 11. 13. and ix. 1, 2. 5. This charge then cannot reach the case.
4. Though murderers, and such as are guilty of death by the law of God, must be punished by death; for, "he that sheddeth man's blood," &c. yet it may be murder for a man to kill another, because he thought him so criminal, and because he thought it his duty, being moved by a pretended enthusiastical impulse, in imitation of the extraordinary actions of such as were really moved by the Spirit of God. As when James and John would have commanded fire to come down to consume the Samaritans, the Lord rebuked them, saying, "Ye know not what manner of spirit ye are of, for the Son of man is not come to destroy men's lives, but to save them," Luke ix. 54,--56. Such impulses had need to be well examined, for ordinarily they will be found not consistent with a gospel spirit, which is always averse from acts of cruelty. Blind zeal sometimes may incite men to fearful work: yea the persecutors have often most of that spirit, as our Lord foretels, "The time cometh, that whosoever killeth you shall think that he doth God service," John xvi. 2. Paul, in his pharisaical zeal, breathed out slaughter against the disciples. And Satan can drive men under several colours, to act such things, as he did the Boors in Germany, and John of Leyden and his followers, whose practices are deservedly detested by all that have any spark of Christianity or humanity: for if this were espoused as a principle, there would be no security for men's lives. But hence it cannot be concluded, that God may not animate some to some rare enterprizes, for the cutting off of tyrants and their bloody emissaries, incendiaries, destroyers of innocent people, and putting an end to, and stopping the career of their murders, in a time of real extreme necessity, the matter of the action being unquestionably lawful, their ends and intentions really good and commendable, there being also a deficiency of others to do the work, and themselves in some probable capacity for it. See Jus Popul. cap. 20. pag. 410. Neither can it be denied, but true zeal may sometimes incite people to such exploits for the preservation of religion and liberty, their own lives and brethren, all like to be destroyed by the impunity of beasts of prey. This will be found very consistent with a gospel spirit: and though this principle be asserted, and also put in practice; all persons, notwithstanding thereof would have sufficient security for their lives, except such as have really forfeited their lives by all law of God and man. Those that are led by impulses, may pretend the imitation of extraordinary examples, and abuse them; yet hence it will not follow, that in no case these extraordinary examples may be imitated. Shall the examples of good magistrates, executing justice on idolaters and murderers, be altogether unimitable, because tyrants abuse them; in persecuting the innocent? If this arguing were good, it would make all virtuous actions in the world unimitable; for these may be abused by pretenders. See Jus Popul. ubi supra, pag. 412. But it cannot be charged upon the sufferers upon this head, that they had nothing to give as the reasons of their actions, but pretexts of enthusiasms.
5. Though a man be really so criminal, as that he deserves death by the law of God and man; yet it may be murder to kill him, if we do not certainly know it, and can prove it, and convict him of it upon trial: for no man must be killed not indicted, or the cause unknown. Thus even magistrates may murder murderers, when they proceed against them without probation or cognition according to law, far more private persons. Thus the Abiezrites would have murdered Gideon, not only unjustly, for his duty of throwing down the altar of Baal, but illegally; because they would have had him brought out that he might die without any further trial, Judg. vi. 29, 30. So likewise the Jews that banded and bound themselves under a curse to kill Paul before he was tried, would have murdered him, not only unjustly for his duty, but illegally before he was tried, Acts xxiii. 12. But this doth not condemn the actions of those sufferers, in maintaining the necessary execution of judgment, upon persons who are notorious murderers, yea, professing a trade and prosecuting habitually a tract of continued murdering the people of the Lord.
6. Though it should be certainly known, and sufficiently proven that a man is a murderer, &c. yet it were murder for an inferior, under a relation of subjection to him, to kill him, as long as that subjection were acknowledged; for, whensoever the common and mutual right or relation, either natural, moral, civil, or religious, to the prejudice or scandal of the church, or state, or particular persons, is broken by killing any person, that is murder, though the person killed deserve to die. As if a subject should kill an acknowledged king, a son by nature or in law should kill his natural or legal father, a servant should kill his master, breaking these relations, while their right and tie were acknowledged, (as some of them must still be acknowledged as long as the correlates continue in being, to wit, that of a father is not broken by his becoming a murderer) and to the danger, detriment, and scandal of the church and state; that were properly assassination: for assassins are they, who being subject to others, either out of their own head, for their own ends, or by command of their superiors, kill their superiors, or such as they command them to kill, as Alstedius describes them, Theol. Caf. cap. 18. de homicid. reg. 55. Therefore David would not kill Saul, because he acknowledged him to be the Lord's anointed, to whom he was under a relation of subjection, and because he was his master and father in law, and because it would have tended to the hurt of the kingdom, and involved it in combustions and contentions about the succession, and prejudged his own right, as well as to the scandal of the people of God, though Saul deserved otherwise to be capitally punished. So Ishbosheth was killed by Baanah and Rechab, 2 Sam. iv. 7. so Jozachar and Jehozabad, who killed Joash, 2 Kings xii. 21. were punished as murderers, chap. xiv. 6. because they were his servants, and did assassinate him to whom they were subject: so the servants of Amon were punished by the people, as conspirators against their king and master, 2 Kings xxi. 23, 24. though Amon deserved to have been punished as well as Amaziah was. Hence generally it is observed by some; that though right be given to equals or superiors, to bring their nearest relations to condign punishment, when they turn enticers to idolatry, Deut. xiii. 6. Yet no right or law, upon any cause or occasion whatsoever, is given to inferiors, as children, &c. to punish their fathers. See Pool. Synop. Critic. in locum. However it be, this cannot condemn the taking off of notorious murderers, by the hand of such as were no way subject nor related to them; but as enemies, who, in extreme necessity, executed righteous judgment upon them, without prejudice of the true, necessary, and chief good of the church and commonwealth, or of any particular person's just right and security, as Naphtali qualifies it, pag. 12, 23. first edition.
7. Though the matter of the action were just, and the murderer such a person as we might punish without any breach of relative obligations, or duties; yet the manner may aggravate it to some degree of murder; if it be done secretly, when it may be execute publicly, or suddenly and precipitantly, when it may be done deliberately, without rushing upon such an action, or hurrying the murderer to eternity; as this also might have had some weight with David not to murder Saul secretly and suddenly in the cave, or when he was sleeping; so Ishbosheth, and Joash, and Amon were murdered; or if it be done subtilly, when it may be performed in more plain and fair dealing; or treacherously, under colour of friendship; or cruelly without regard to humanity; and especially when the actors are at peace with the person, whose blood they shed, as Joab shed the blood of war in peace, 1 Kings ii. 5. in killing Abner and Amasa so craftily and cruelly; and Absalom made his servants assassinate Amnon, 2 Sam. xiii. 28, 29. But this cannot be changed upon them who executed righteous judgment, as publicly, deliberately, and calmly, as the extraordinary exigence of pressing necessity, in extremity of danger, could allow, upon notorious murderers, with whom they were in open and avowed terms of hostility.
8. Though the manner also be inculpable; yet if the principle and motive of killing, even those that deserve to die, be out of malice, hatred, rage, or revenge, for private or personal injuries, it is murder. For the affection and intention doth make one and the same action of taking away the life, homicide or no homicide: Lex Rex faith, Quest. 31. Pag. 338. If a man out of hatred deliberately take away another man's life, he is in so far a murderer, but if that same man had taken away the other's life, by the flying off of his ax head, he neither hating him before, nor intending to hurt him, he is no murderer by God's express law, allowing cities of refuge for the one, and not for the other, Deut. iv. 42. Deut. xix. 4, &c. private revenge is indignity to God, whose it is to take vengeance, Deut. xxxii. 35. Rom. xii. 19. "Dearly beloved avenge not yourselves, for vengeance is the Lord's." For which cause Jacob curses Simeon and Levi their murder of the Shechemites: for in their anger they slew a man, Gen. xlix. 6, 7. So David would not put forth his hand against Saul, for his own private and personal quarrel. So Joab killed Abner, and Absalom Amnon. But this doth not make the execution of judgment, out of zeal for God, respect to righteousness, love to the nations interest, and care to preserve the persecuted people of God from imminent destruction, upon public enemies, incendiaries, that are trampling upon all these precious interests, and threatening the utter ruin of them, and in a particular manner their destruction who thus prevent them.
9. Though the motive or cause were upon a public account, yet it may be murder to have a wrong end in it; as either to intend simply the destruction of the person on whom they execute judgment, as the end to which all their action is directed, or to make their own advantage or honour the end of the action. Thus David would not kill Saul, because it might have been thought he did it to obtain the kingdom, of which he was rightful successor: and deservedly he punished the Amalekite, that brought news of his killing Saul; and Baanah and Rechab, for their killing Ishbosheth, thinking thereby to advance themselves at David's court. So also Joab murdered Amasa to secure himself in the general's place. And Jehu, though upon the matter he executed righteous judgment, his end was only himself, it is condemned as murder. But when the execution of righteous judgment is both formally intended by the actors, and natively and really doth conduce to the glory of God, the preservation of the remnant threatened to be destroyed by these murderers, the suppressing of impiety, doing of justice, turning away wrath and removing of present, and preventing of future judgments, then it may be duty, Napthtali, pag. 23. first edition.
10. Though the end also were not culpable; yet it may be murder to kill criminals by transgressing the sphere of our vocation, and usurping upon the magistrate's sword: for he, by office, is a revenger, to execute wrath upon him that doth evil, Rom. xiii. 4. none must make use of the sword of vindictive justice, but he to whom the Lord giveth it; therefore they that came to take Christ are condemned and threatened for this, Matth. xxvi. 52. "All they that take the sword, shall perish with the sword." The God of order hath assigned to every man his station and calling, within the bounds whereof he should keep, without transgressing by defect or excess, let every man abide in the same calling wherein he was called, 1 Cor. vii. 20. and study to be quiet, and do his own business, 1 Thess. iv. 11. Therefore David would not kill Saul, because he would have done it beside his calling. And therefore the killing of Joash and Amon was murder, because the assassins did transgress their vocation. But when notorious incendiaries do not only transgress their vocation, but the limits of human society, and turn open enemies to God and man, destroying the innocent, making havoc of the Lord's heritage, and vaunting of their villanies, and boasting of their wickedness, and thereby bringing wrath upon the land if such effrontries of insolence should pass unpunished, and when there is no magistrate to do that work of justice, but all in that place are art and part with them, patrons and defenders of them; yea, no magistrate that can be acknowledged as a minister of God to be applied unto; in that case, it is not a transgression of our vocation, nor an usurpation upon the magistrates, where there is none, to endeavour to avert wrath, by executing righteous judgment. Otherwise, if for fear, or suspicion of the accidental hazard of private men's usurping the office, or doing of the duty of public persons, every virtuous action which may be abused, shall be utterly neglected, impiety shall quickly gain universal empire, to the extermination or all goodness, Naphtali, pag. 24. first edition. To clear this, it must be considered, that a man's calling is twofold; his particular calling, whereunto in the ordinary course of things he is regularly confined: and his general calling, not circumscribed by particular rules, which from the common obligation of the end for which all callings are institute, in the clear exigence of an extraordinary emergent, according to the general rules of righteousness, bind to an agreeable practice; therefore circumstances may sometimes so diversify actions, that what in the ordinary and undisturbed state of things would be accounted an excess of our particular calling, and an usurpation, in an extraordinary occurrence may become a necessary duty of our general calling.
11. Though it were no usurpation beyond our calling; yet it may be murder, to kill any without the call of God in a case of necessity, either in the immediate defence of life, or though it be in the remote when the hazard is unavoidable. Every thing must have God's call in its season to make it duty, so also the time of killing, Eccles. iii. 3. For want of this David would not kill Saul. Lex Rex saith excellently to this, quest. 31. pag. 329, 330. 'David might have killed Saul when he was sleeping, and when he cut off the lap of his garment, but it was unlawful for him to kill the Lord's anointed, as it is unlawful for him to kill a man because he is the image of God, Gen. ix. 6. except in case of necessity,----David having Saul in his hand, was in a remote posture of defence, the unjust invasion then was not actual, nor unavoidable, nor a necessary mean in human prudence for self preservation; for king Saul was not in an actual pursuit of the whole princes, elders, community of Israel: Saul did but seek the life of one man David, and that not for religion, or a national pretended offence, and therefore he could not, in conscience, put hands on the Lord's anointed: but if Saul had actually invaded David for his life, David might, in that case, make use of Goliah's sword, (for he took not that weapon as a cypher to boast Saul) and rather kill than be killed.' Thus he. By a call here, we do not mean an express or immediate call from God, such as the prophets might have to their extraordinary executions of judgments, as Samuel and Elijah had to kill Agag and Baal's prophets; but either the allowance of man, then there is no question about it; or if that cannot be had, as in the case circumstantiate it cannot, then the providential and moral call of extreme necessity, for preservation of our lives, and preventing the murder of our brethren, may warrant an extraordinary executing of righteous judgment upon the murderers. Men may have a call to a necessary duty, neither every way mediate nor immediate, as the call of running together to quench a fire in a city, when magistrates through wickedness or negligence, will not, or do not, call people forth unto that work; they have not man's call, nor an immediate call from heaven, yet they have a lawful call from God; so they do not intrude upon the magistrates office, nor want they a call to this execution of judgment, who did materially that work for that exigent which magistrates, by office, were bound to do, being called thereto by God, by nature, and the call of inevitable necessity, which knoweth no human law, and to which some divine positive laws will cede. Jus populi. chap. 20. pag. 423.
12. Though this be a principle of reason and natural justice, when all the fore mentioned circumstances are clear, that it is lawful for private persons to execute righteous judgment, upon notorious incendiaries, and murdering public enemies, in cases of necessity; yet it might be a sinful breach of the sixth command, to draw extraordinary examples of it to an ordinary practice in killing all who might be found criminal, and would deserve death by the law, as all that have served under a banner of tyranny and violence, displayed against God and his people, to the ruin of the reformation, wasting of the country, oppression of many honest families, and destruction of many innocent people, are and would be found guilty of murder; as the chief captain would have truly alledged Paul to have been a murderer, if he had been the Egyptian which made an uproar, and led out four thousand men that were murderers, Acts xxi. 58. As for the vulgar and ordinary sort of those vermine of varlets, it is of no advantage for oppressed people to foul their fingers upon them, when their slaughter would not put a stop to, but rather increase the destruction of the people of God; and were unlawful to prevent and anticipate the due and legal execution of justice, where there is any prospect or expectation of its running in its right channel. But for the chief and principal ring leaders, and common public and habitual incendiaries, and masters of the trade of murdering the Lord's people, when there is no other way of being rid of their rage, and preserving ourselves, and preventing the destruction of our brethren, we may in that case of necessity make public examples of them, in an extraordinary procedure against them, that may be most answerable to the rules of the ordinary procedure of justice, and in imitation of the heroic actions recorded and justified in the word of God, in the like extraordinary cases; which are imitable, when the matter of their actions is ordinary, that is, neither preternatural nor supernatural though the occasion was singular, just and necessary, both by divine precept, and as a mean to good and necessary ends, and when there is no other to do the work, nor any prospect of access to justice in its ordinary and orderly course, nor possibility of suspending it till that can be obtained. We need not then any other call than a spirit of holy zeal for God, and for our own and our brethrens preservation, in that pinch of extremity. We do not hold these extraordinary actions for regular and ordinary precedents, for all times and persons universally: which if people should fancy, and heed more the glory and fame of the action, than the sound and solid rule of the scriptures, they may be tempted and carried to fearful extravagancies. But they may be warrants for private persons in their doing of these things, in an extreme necessity, to which at other times they are not called. And when the Lord, with whom is the residue of the spirit, doth breathe upon his people, more or fewer, to the exciting of more than ordinary zeal, for the execution of justice upon such adversaries, we should rather ascribe glory and praise to him, whose hand is not shortened, but many times chooseth the weak and foolish things of the world to confound the mighty and the wise, than condemn his instruments for doing such things, Naph. pag. 24, 25. prior edit.
All these cases, which are all I can think on at present, comprehending all that may any way infer the guilt of murder, I have collected; to the end I may conclude this one argument, and leave it to be considered: If this extraordinary executing of judgment, upon notorious incendiaries and murdering public enemies, by private persons, in the circumstances above declared, cannot be reduced to any case that can infer the guilt of murder; then it cannot be condemned, but justified; but this extraordinary executing of judgment, &c. cannot be reduced to any case that can infer the guilt of murder, (as will appear by the induction of all of them:) therefore, this extraordinary executing of judgment, &c. cannot be condemned, but justified.
II. In the next place, What we own may be done warrantably, in taking away the life of men without breach of the sixth command, will appear by these propositions and assertions, which will bring the matter to the present circumstantiate case.
1. It is certain, though the command be indefinitely expressed, it doth not prohibit all killing, but only that which is condemned in other explicatory commands. Our Lord Jesus, repeating this command, explains it by expressing it thus, Matth. xix. 18.--"Thou shalt not murder." And if any be lawful, it is granted by all, that is, which is unavoidable by the invincible necessity of providence, when a man following his duty doth that which beside and contrary his intention, and without any previous neglect or oversight in him, proveth the hurt and death of another, in which case he was allowed to flee to the city of refuge by the law of God. Whence if that physical necessity did justify that kind of killing, shall not a moral necessity every way inivincibly unavoidable (except we suffer ourselves and our brethren to be destroyed by beasts of prey) vindicate this kind, in an extraordinary extremity, when the murderers are protected under the sconce of pretended authority? In which case the law of God would allow deliberate murderers should be pursued by the avenger of blood, and not to have liberty to flee to these subterfuges and pretexts of authority, (mere tyranny,) but to be taken from the horns of such altars, and be put to death, as Mr. Mitchel says in vindicating his own action, in a letter dated Feb. 1674.
2. It is lawful to take the life of known and convicted murderers by public justice; yea, it is indispensibly necessary by the law of God, and no mercy nor pardon of the magistrate may interpose to spare them; for, 'Whoso killeth any person, the murderer shall be put to death by the mouth of witnesses. '--Ye shall take no satisfaction for the life of a murderer:--but he shall surely be put to death,' he was not to be admitted to the benefit of any refuge: and the reason is, 'Blood defiles the land, and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it,' Numb. xxxv. 30, 31, 32, 33. Hence, if it be so necessary to cleanse the land, then when the magistrate is not only negligent in his duty, but turns a patron and protector of such murderers, and employs them as his emissaries to murder and destroy, it cannot be expected he should cleanse the land, for then he should free it of the burden of himself, and begin with himself: therefore then, there must be more incumbent upon private persons, touched with the zeal of God, than at another time. And as Mr. Knox, in his conference with queen Mary, says, 'They that in the fear of God execute judgment, where God hath commanded, offend not God, though kings do it not;' and adduces the examples of Samuel killing Agag, Elias killing the prophets of Baal, and of Phineas killing Zimri and Cozbi.
3. It is lawful for private persons to kill their unjust assaulters, in defending themselves against their violence, and that both in the immediate defence of our life against an immediate assault, in the instant of the assault, and also in a remote defence of ourselves, when that is as necessary as the first; and there is no other way of escaping the destruction intended by murderers, either by flight or resistance; then it is lawful to preserve ourselves by taking advantages to cut them off.
4. It is lawful in a just war to kill the enemy; yea in the defensive war of private subjects, or a part of the commonwealth, against their oppressing tyrants, as is proven, head 5. Where several of the arguments used to evince that truth will confirm this; as namely, those arguments taken from the people's power in reformation, and those taken from the hazard of partaking of others sin and judgment: for, if all the magistrates, supreme and subordinate, turn principal patrons and patterns of all abominations, and persecutors and destroyers of the people for not complying with them, then the people are not only under an obligation to resist them; but seeing otherwise they would be liable to their sin, in suffering them thus to trample on religion, and the interests of God as well as their own, in order to turn away the wrath of God, it is incumbent upon them to vindicate religion, and reform the land from these corruptions, in an endeavour to bring those malignant enemies of God, and destroyers of the people, to condign punishment, "that the heads of the people be hanged up before the Lord against the sun, the fierce anger of the Lord may be turned away from the land," Numb. xxv. 4. In this case, as Buchanan says of a tyrant, De jure regni, 'A lawful war being once undertaken with such an enemy as a tyrant is, every one out of the whole multitude of mankind may assault, with all the calamities of war, a tyrant, who is a public enemy, with whom all good men have a perpetual warfare.' And though the war be not always actually prosecute in a hostile manner, yet, as long as peace is not concluded and the war ceased, they that have the just side of the quarrel may take advantages, in removing and taking off, (not every single soldier of the contrary side, for that would contribute nothing to their prevailing in the end) but the principal instruments and promoters of the war, by whose fall the offending side would suffer great loss, and the defending would be great gainers. So Jael killing Sisera, Jabin's captain-general, is greatly commended. Now this was the case of the sufferers upon this head, as Mr. Mitchel, one of them represents it in his forecited letter, 'I being (says he) a soldier, not having laid down my arms, but still upon my own defence, having no other end or quarrel at any man--besides the prosecution of the ends of the covenant, particularly the overthrow of prelates and prelacy; and I being a declared enemy to him (that is Sharp) on that account, and he to me in like manner, I never found myself obliged--to set a centinel at his door for his safety; but as he was always to take his advantage, as it appeareth, so I of him to take any opportunity offered: moreover, we being in no terms of capitulation, but on the contrary, I, by his instigation, being excluded from all grace and favour, thought it my duty to pursue him at all occasions.'
5. It is lawful to kill enemies in the rescue of our brethren, when they are keeping them in bondage, and reserving them for a sacrifice to the fury of tyrants, or leading them forth to the slaughter, or in the time of acting their murdering violence upon them: then, to break prisons, beat up garrisons, surprise the murderers, and kill them in the rescue of our innocent brethren, is very lawful, according to that command, Prov. xxiv. 11, 12. and the practice of Moses, who seeing one of his brethren suffering wrong, he defended him, and avenged him that was oppressed, and slew the Egyptian, Acts vii. 24. For that is a certain truth, which Grotius faith in locum, 'the law of nature gives a right to an innocent, and to the defender of an innocent person, against the guilty offender.' Hence, It cannot but be lawful also, in a case of necessity, when both ourselves and our brethren are pursued incessantly by destroying murderers, to avenge ourselves on them, and slay them, when there is no other way to be rid of their violence.
6. It is lawful to prevent the murder of ourselves or our brethren, when no other way is left, by killing the murderers before they accomplish their wicked design, if they be habitually prosecuting it, and have many times accomplished it before. This followeth upon the other; and upon this account it had been duty for Gedaliah to have suffered Johanan to slay Ishmael, and so prevent the governor's murder, if it had been certainly known that Ishmael was sent by the king of Ammon to assassinate him, Jer. xl. 14, 15. for nothing is there objected against the lawfulness of the thing, but only it was alledged that he spoke falsely. Alftedius asserts this, Caf. de homicid. reg. 6. p. 331. It is lawful to prevent him that would assault us, and by preventing to kill him before his invasion, if it be so necessary, to prevent him, that our life cannot be otherwise defended but by preventing. And hence he justifies that saying, 'It is lawful to kill him that lieth in wait to murder,' ibid. This is all the length that the reproached sufferers, whom I am vindicating, go, in asserting this principle, as may be seen in their Informatory Vindication, Head 3. pag. 544. where they say, 'We maintain it as both righteous and rational, in defence of our lives, liberties, and religion, after an orderly and Christian manner, to endeavour, by all means lawful and possible, to defend ourselves, rescue our brethren, and prevent their murder, in a martial opposition against wicked persecutors, who are seeking to destroy them and us, and imbrue their hands in our blood, according to the true import of the Apologetical Declaration.' Which is very rational; especially considering.
7. These murderers, who are thus to be prevented, are such whom the law of God commands to be put to death, and no where allows to be spared, being public enemies to God and good men, open blasphemers, avowed idolaters, affronted adulterers, notorious murderers, habitual tyrants, suppressing religion, oppressing the innocent, and professing a trade of destroying the Lord's people. Surely, if God hath expressly in his laws provided, that blasphemers, idolaters, murderers, &c. should not be suffered to live, he never intended men daily guilty, yea, making profession of these crimes, should be allowed impunity, either by virtue of their office, or because there is none in office to execute judgment upon them; but in a case of extreme necessity, these laws will not only allow, but oblige people, daily murdered by them, for their own preservation, for vindication of religion, for purging the land of such wickedness, for turning away the wrath of God, to prevent their prosecuting their murdering designs any further, and put a stop to their persecution, by putting an end to their wicked lives: seeing, as Buchanan says, De Jure Regni, it is expresly commanded, 'to cut off wickedness and wicked men, without any exception of rank or degree; and yet in no place of sacred scripture are tyrants more spared than private persons.' Much less their bloody emissaries.
Now, seeing all these cases of killing I have collected, are justifiable in scripture, and none of the sufferers upon this head, whom I am vindicating, have exceeded in principle or practice the amount of these assertions, what is said already may have some weight to demur a censorious condemnation of them. But as the true nonconformist well observes, in answer to Dial. 7. p. 391. Seeing the consideration resulting from the concurrence of all circumstances, whereupon the right dignoscing of such deeds, when actually existent, doth mostly depend, doth more contribute to the clearing and passing a judgment on a case of this nature, when the whole contexture is exposed to certain examination, than to set down general rules directive of such practices (which yet will all justify this in question) therefore to clear the case further, all may be resolved into this state of the question.
'Whether or not private persons, incessantly pursued unto death, and threatened with ineluctable destruction by tyrants and their emissaries, may, to save themselves from their violence, in case of extreme necessity, put forth their hand to execute judgment upon the chief and principal ringleaders, instruments and promoters of all these destructive mischiefs and miseries, who are open and avowed enemies to God, apostates, blasphemers, idolaters, tyrants, traitors, notorious incendiaries, atrocious murderers, and known and convict to be public enemies, prosecuting their murdering designs notourly and habitually, and therefore guilty of death by all laws of God and man; and in such an extraordinary case, put them to death, who have by law forfeited their lives to justice, when there is no access to public justice, no prospect of obtaining it in an orderly way, nor any probability of escaping their intended destruction, either by flight or resistance, if they be past longer unpunished; and so deliver themselves from their murdering tyranny, while they are under no acknowledged subjection to them, nor at peace with them, but maintaining a defensive resistance against them; and in this extraordinary execution of justice, being not chargeable with ignorance of matters of fact so manifest, nor mistakes of circumstances so palpable, nor with malice, rage or revenge against their persons for private and particular injuries, nor with enthusiastic impulses pretended as their rule, nor with deceit or treachery in the manner, nor with any breach of relation or obligation, nor usurpation upon or prejudice to any lawful right whatsoever in the matter, nor with any selfish or sinistrous ends in the design; but forced to perform this work of judgment, when there is none other to do it, out of zeal for the glory of God, care of the country's good, love to their brethren, sense of their own danger, and respect to justice; to the end, that by the removal of these wicked destroyers, their war against the prevailing faction of their malignant enemies may be more successfully maintained, their religion, lives, laws, and liberties more securely defended, their brethren rescued, their murder prevented, impiety suppressed, the land cleansed from blood, and the wrath of God averted.' That this is the true state of the question, the preceeding assertions, all comprehended here, do make it evident. To which I answer in the affirmative, and shall come to give my reasons.
Secondly, Then I shall offer some reasons for this, first for some grounds and hypotheses of reason: then more expresly from scripture-proofs.
1. There may be some arguments offered from the dictates of natural reason, which I shall but only glance at.
1. I premit the consideration of the practice of all nations, even such from whom patterns have been taken for government, and who have had the most polite and purest policy, and have been the severest animadverters upon all extravagants and transgressors of their vocation: yet even among them, for private persons to destroy and rid the commonwealth of such burdens, and vile vermin so pernicious to it, was thought a virtue meriting rather commendation, than a thing to be condemned. I shall not here instance the laudable practices recorded in scripture; these may be seen in their own place. Neither do I speak of ruder nations, among whom this is a relict of reason, not of rudeness, as the Oriental Indians have a custom, whenever any person runs a muck, that is, in a revengeful fury, takes such a quantity of opium, as distracts them into such a rage of mad animosity, that they fear not to assault (which is the common operation of that portion there) and go through destroying whom they can find in their way: then every man arms against him: and is ambitious of the honour of first killing him, which is very rational; for otherwise no man could be safe; and it seems to be as rational, to take the same course with our mad malignant mucks who are drunk with hellish fury, and are running in a rage to destroy the people of God whom they can meet with. But all the nations, where the best policy was established, have been of his mind. In Greece public rewards were enacted to be given, and honours appointed for several cities, to those that should kill tyrants, from the mightiest of them to the meanest; with whom they thought there was no bond of humanity to be kept. Hence, Thebe is usually commended for killing her husband, Timoleon for killing his brother, because they were pernicious and destructive to the commonwealth: which, though it seem not justifiable, because of the breach of relation of natural subjection, yet it shews what sentiments the most politic nations have had of this practice. As also among the Romans, Cassius is commended for killing his son, and Fulvius for killing his own son going to Cataline, and Brutus for killing his kinsmen, having understood they had conspired to introduce tyranny again. Servilius Ahala is commended for killing even in the court Sep. Melius, turning his back and refusing to compear in judgment, and for this was never judged guilty of bloodshed, but thought nobilitate by the slaughter of a tyrant, and all posterity did affirm the same. Cicero, speaking of the slaughter of Cesar, stiles it a famous and divine fact, and put to imitation. Sulpitius Asper, being asked, why he had combined with others against Nero, and thought to have killed him? made this bold reply, 'that he knew not any other way to put a stop to his villanies, and redeem the world from the infection of his example, and the evils which they groaned under by reason of his crimes.' On the contrary, Domitius Corbulo is reprehended by all, for neglecting the safety of mankind, in not putting an end to Nero's cruelty, when he might very easily have done it: and not only was he by the Romans reprehended, but by Tyridates the Persian king, being not all afraid lest it should afterward befal an example unto himself.
When the ministers of Caius Caligula, a most cruel tyrant, were, with the like cruelty, tumultuating for the slaughter of their master, requiring them that killed him to be punished, Valerius Asiaticus the senator cried out aloud, 'I wish I had killed him,' and thereby both composed their clamour, and stopt their rage. 'For there is so great force in an honest deed, (saith Buchanan de jure Regni, relating this passage) that the very lightest shew thereof, being presented to the minds of men, the most furious assaults are allayed, and fury will languish, and madness itself must acknowledge the sovereignty of reason.' The senate of Rome did often approve the fact, tho' done without their order oftentimes by private hands: as upon the slaughter of Commodus, instead of revenging it, they decreed that his carcase should be exposed and torn in pieces. Sometimes they ordered before hand to have it done; as when they condemned Didimus Julianus, they sent a tribune to slay him in the palace: nay, they have gone so far, as in some cases to appoint reward for such as should kill those tyrants that trampled upon their laws, and murdered virtuous and innocent people; as that sentence of the senate against the two Maximini doth witness, Whosoever killeth them deserves a reward. Buchanan as above, rehearsing many instances of this nature, gives reasons of their approveableness; and these I find here and there scattered, in his book, de jure Regni, 1. They that make a prey of the commonwealth, are not joined to us by any civil bond or tie of humanity, but should be accounted the most capital enemies of God and of all men. 2. They are not to be counted as within human society, but transgressors of the limits thereof; which whoso will not enter into, and contain himself within, should be taken and treated as wolves, or other kinds of noisome beasts, which whosoever spares, he preserves them to his own destruction, and of others; and whosoever killeth, doth not only good to himself, but to all others; and therefore doth merit rather reward than to be condemned for it. For if any man, divested of humanity, should degenerate into such cruelty, as he would not meet with other men but for their destruction (as the monsters I am speaking of, could meet with none of the party here treated on, but to this effect) he is not to be called a man, no more than satyrs, apes or bears. 3. It is expressly commanded to cut off wickedness and wicked men, without any exception of rank or degree; and, if kings would abandon the counsels of wicked men, and measure their greatness rather by duties of virtue, than by the impunity of evil deeds, they would not be grieved for the punishment of tyrants, nor think that royal majesty is lessened by their destruction, but rather be glad that it is purged from such a stain of wickedness. 4. What is here to be reprehended? is it the cause of their punishment? That is palpable. Is it the law which adjudges them to punishment? All laws were desired as necessary for repressing tyrants; whosoever doth condemn this, must likewise condemn all the laws of nations. Is it the person executing the laws? Where will any other be found to do it in such circumstances? 5. A lawful war being once undertaken with an enemy for a just cause, it is lawful not only for the whole people to kill that enemy, but for every one of them: every one therefore may kill a tyrant, who is a public enemy, with whom all good men have a perpetual warfare; meaning, if he be habitually tyrannical, and destructive to the people, so that there is no living for good people for him; otherwise, though a man by force or fraud acquire sovereignty, no such violence is to be done to him, providing he use a moderate way in his government, such as Vespasian among the Romans, Hiero in Syracuse. 6. Treason cannot be committed against one who destroys all laws and liberties of the people, and is a pernicious plague to the commonwealth.
2. Such is the force of this truth in the case of circumstantiate, that it extorts the acknowledgment of the greatest authors ancient and modern, domestic and foreign, and even of all rational royalists (as Mr. Mitchel lays in his postscript to the forecited letter.) That it is lawful for any private person to kill a tyrant without a title, and to kill tories or open murderers, as devouring beasts, because the good of his action doth not only redound to the person himself, but to the whole commonwealth, and the person acting incurs the danger himself alone.
Tertullian, though a man loyal to excels, says, every man is a soldier inrolled to bear arms against all traitors and public enemies. The ancient ecclesiastical historian, Sozomen, relating the death of Julian, and intimating that he was supposed to have been slain by a Christian soldier, adds, Let none be so rash as to condemn the person that did it, considering he was thus courageous in behalf of God and religion, Sozom. Hist. lib. 6. cap. 2. Barclaius, a great royalist, faith, all antiquity agrees, that tyrants, as public enemies, may, most justly, be attacked and slain, not only by the community but also by every individual person thereof. Grotius de jure belli, lib. i. cap. 4. saith, If any person grasp at dominion by unjust war, or hath no title thereto by consent of the community, and no paction is made with him, nor allegiance granted, but retains possession by violence only, the right of war remains; and therefore it is lawful to attack him as an enemy, who may be killed by any man, and that lawfully. Yea, king James VI. in his remonstrance for the right of kings, says, the public laws make it lawful and free for any private persons to enterprise against an usurper. Divines say the same. Chamier, Tom. 2. lib. 15. cap 12. Sect. 19. All subjects have right to attack tyrants. Alsted. Theolog. Gaf. cap. 17. reg. 9. p. 321. Any private man may and ought to cut off a tyrant, who is an invader, without a title; because in a hostile manner he invades his native country. And, cap. 1. 18. reg. 14. p. 332. 'It is lawful for every private man to kill a tyrant, who unjustly invades the government. But Dr. Ames concerning conscience, Book 3. Chap 31. concerning manslaughter, asserts all that is here pleaded for in express terms, Quest. 4. Whether or no is it lawful for a man to kill another by his own private authority? Ans. Sometimes it is lawful to kill, no public precognition preceeding; but then only, when the cause evidently requires that it should be done, and public authority cannot be got: For in that case, a private man is publicly constitute the minister of justice, as well by the permission of God, as the consent of all men. These propositions carry such evidence in them, that the authors thought it superfluous to confirm them, and sufficient to affirm them. And from any reason that can be adduced to prove any of these assertions, it will be as evident that this truth I plead for, is thereby confirmed, as that itself is thereby strengthened: for it will follow natively, if tyrants, and tyrants without a title, be to be thus dealt with,; then the monsters, of whom the question is, those notorious incendiaries and murdering public enemies, are also to be so served: for either these authors assert the lawfulness of so treating tyrants without a title, because they are tyrants, or because they want a title. If the first be said, then all tyrants are to be so served; and reason would say, and royalists will subscribe, if tyrants that call themselves kings may be so animadverted upon, because of their perniciousness to the commonwealth by their usurped authority, then the subordinate firebrands that are the immediate instruments of that destruction, the inferior emissaries that act it, and actually accomplish it, in murdering innocent people, may be so treated; for their persons are not more sacred than the other, nor more unpunishable. If the second be said, it is lawful to kill them, because they want a title; then it is either because they want a pretended title, or because they want a real and lawful one. The latter is as good as none, and it is proven, Head 2. Arg. 7. that no tyrants can have any. The former cannot be said, for all tyrants will pretend some, at least before they be killed.
3. But though some of these great authors neither give their reasons for what they assert, nor do they extend it to all tyrants that tyrannize by virtue of their pretended authority, yet it will not be difficult to prove, that all, great and small, that murder, destroy, and tyrannize over poor people, are to be punished, though they pretend authority for what they do. And hence, if all tyrants, murderers and destroyers of mankind ought to be punished; then when it cannot be done by public authority, it may be done by private; but all tyrants, murderers and destroyers of mankind ought to be punished: Therefore--. The minor is manifest from the general commands of shedding the blood of every man that sheds it, Gen. ix. 6. of putting to death whosoever killeth any person, Numb. xxxv. 30, 31. of respecting no man's person in judgment, Deut. i. 17. And universally all penal laws are general without exception of any; for under that reduplication of criminal transgressing those laws, under that general sanction, they are to be judged; which admits of no partial respect: for if the greatest of men be murderers, they are not to be considered as great, but as murderers; just as the meanest are to be considered as mean or poor, but as murderers. But I need not insist on this, being sufficiently proved, Head 2. Arg. 9. and throughout that Head, proving that tyrants can have no authority: and, if they have no authority, then authority (which they have not) cannot exempt them from punishment. The connexion of the major proposition may be thus urged: when this judgment cannot be executed by public authority, either it must be done by private authority, in case of extreme necessity, or not at all: for there is no medium, but either to do it by public authority, or private: if not at all, then the land must remain still defiled with blood, and cannot be cleansed, Numb. xxxv. 33. Then the fierce anger of the Lord cannot be averted, Numb. xxxv. 4. for without this executing of judgment, he will not turn it away, Jer. v. 1. Then must murderers be encouraged, by their impunity, to make havoc of all according to their lust, besides that poor handful who cannot escape their prey, as their case is circumstantiate. Besides, this is point black contrary to these general commands, which say peremptorily, the murderer shall be put to death; but this supposed case, when public authority will not or cannot put them to death, says, they shall not be put to death. In this case then I demand, whether their impunity is necessary, because they must not be put to death? or because they cannot be put to death? To say the latter, were an untruth; for private persons can do it, when they get access, which is possible: if the former, then it is clearly contradictory to the commands, which say, they must be put to death, excepting no case, but when they cannot be put to death. If it be said, they must not be put to death, because the law obliges only public authority to execute judgment: to this I reply, 1. I trust to make the contrary appear from scripture by and by. 2. If the law obliges none but those in public authority to execute judgment, then when there is no judgment execute, it must be the sin of none but those in public authority; and if it be only their sin, how comes others to be threatened and punished for this, that judgment is not executed? If they must only stand by, and be spectators of their omissions unconcerned, what shall they do to evite this wrath? shall they exhort them, or witness against them? But that more than all this is required, is proved before several times, where this argument of people's being punished for the sin of their rulers hath been touched. 3. Then when there is no authority, it must be no sin at all that judgment is not executed, because it is the sin of none; it cannot be sin, except it be the sin of some. 4. What if those in public authority be the murderers? Who shall put them to death? By what authority shall judgment be execute upon them? Whether public or private? public it cannot be; for there is no formal public authority above the supreme, who are supposed the party to be punished; if it be the radical authority of the people, which is the thing we plead for, then it is but private, as that of one party against the other: the people are the party grieved, and so cannot be judges: at best then, this will be extrajudicial executing of judgment. And if the people may do it upon the greatest of tyrants, then a part of them who are in greatest hazard may save themselves from those of lesser note, by putting them to death: for if all the people have right to punish universal tyrants, because they are destroyers of all; then a part hath right to punish particular tyrants, because they are destroyers of them, when they cannot have access to public authority, nor the concurrence of the whole body.
4. Let these murderers and incendiaries be considered, either as a part of the community with them whom they murder and destroy, or not; if they be a part, and do belong to the same community (which is not granted in this case, yet let it be given) then when the safety of the whole, or better part, cannot consist with the sparing or preserving of a single man, especially such an one as prejudges all, and destroys that better part; he is rather to be cut off, than the whole or the better part be endangered: for the cutting off of a contagious member that destroys the rest of the body, is well warranted by nature, because the safety of the whole is to be preferred to the safety of a part, especially a destructive part: but now, who shall cut it off? since it must be cut off, otherwise a greater part of the body will be presently consumed, and the whole endangered. It is sure the physician's duty; but what if he will not, or cannot, or there be no physician? then any that can may and must; yea, one member may, in that case, cut off another. So, when either the magistrate will not, or dare not, or does not, or there is none to do this necessary work of justice, for the preservation of the community; any member of it may rather prevent the destruction of the whole, or a greater part, by destroying the murdering and destructive member, than suffer himself and others to be unavoidably destroyed by his being spared. If they be not within, or belonging to that society, then they may be dealt with, and carried towards as public enemies and strangers, and all advantages may be taken of them in cases of necessity, as men would do, if invaded by Turks or Tartars.
5. Let it be considered, what men might have done in such a case before government was erected, if there had been some public and notour murderers still preying upon some sort of men. Certainly then private persons (as all are in that case) might kill them to prevent future destruction. Hence, if this was lawful before government was established, it cannot be unlawful when people cannot have the benefit of the government, when the government that is, instead of giving redress to the grieved and oppressed, does allow and impower them to destroy them: otherwise people might be better without government than with it; for then they might prevent their murderers by cutting them off. But so it is that this was lawful before government was established: for let it be adverted, that the scripture seems to insinuate such a case before the flood. Cain, after he murdered his brother, feared that every man that found him should slay him. Gen. iv. 14. If he had reason to fear this, as certainly he had, if the Lord had not removed that, by prorogueing the execution of vengeance upon him, for his greater punishment, and the world's more lasting instruction, and by setting a mark upon him, and inhibiting, under a severe threatning, any to touch him; then every man that should have killed him was the magistrate, (which were ridiculous) or every man was every, and any private person universally, which might have killed him, if this inhibition had not past upon it. Ainsworth upon the place saith, 'That among the ancient Romans, every one might kill without a challenge, any man that was cursed for some public crime.' And cites Dionys. Halicarnas. l. 2. And so Cain spoke this from a dictate of nature and a guilty conscience.
6. At the erection of government, though the people resign the formal power of life and death, and punishing criminals, over to the governor constitute by them; yet, as they retain the radical power and right virtually, so when either the magistrates neglect their duty of vindicating the innocent, and punishing their destroyers, or impower murderers to prey upon them; in that case, they may resume the exercise of it, to destroy their destroyers, when there is no other way of preventing or escaping their destructions; because extreme remedies ought to be applied to extreme diseases. In an extraordinary exigent, when Ahab and Jezebel did undo the church of God, Elias, with the people's help, killed all Baal's priests, against and without the king's will; in this case, it is evident the people resumed their power, as Lex Rex saith, quest. 9. p. 63. There must be a court of necessity, no less than a court of justice, when it is in this extremity, as if they had no ruler, as that same learned author saith, quest. 24. pag. 213. If then the people may resume that power in cases of necessity, which they resigned to the magistrate; then a part may resume it, when a part only is in that necessity, and all may claim an interest in the resumption, that had an interest in the resignation.
7. Especially upon the dissolution of a government when people are under a necessity to revolt from it, and so are reduced to their primitive liberty, they may then resume all that power they had before the resignation, and exert it in extraordinary exigents of necessity. If then a people that have no magistrates at all may take order with their destroyers then must they have the same power under a lawful revolt. As the ten tribes, if they had not exceeded in severity against Adoram, Rehoboam's collector, had just cause to take order with that usurper's emissary, if he came to oppress them; but if he had come to murder them, then certainly it was duty to put him to death, and could not be censured at all, as it is not in the history, 1 Kings xii. 18. But so it is that the people pursued by these murderers, some of which in their extreme exigencies they put to death; have for these several years maintained a declared revolt from the present government, and have denied all subjection to it upon the grounds vindicated, Head 2. And there they must be considered as reduced to their primeve liberty, and their pursuers as their public enemies, to whom they are no otherwise related than if they were Turks, whom none will deny it lawful to kill, if they invade the land to destroy the inhabitants.
8. Hence, seeing they are no other than public enemies, unjustly invading, pursuing, and seeking them to destroy them: what arguments will prove the lawfulness of resistance, and the necessity of self-defence, in the immediate defence of life, as well as remote, will also prove the lawfulness of taking all advantages upon them: for if it be lawful to kill an enemy in his immediate assault, to prevent his killing of them, when there is no other way of preserving themselves from his fury; then it must be lawful also in his remote but still incessant pursuit, to prevent his murdering them by killing him, when there is no other way to escape in a case of extreme necessity. But that this was the case of that poor people, witnesses can best prove it; and I dare appeal to two sorts of them that know it best, that is, all the pursuers, and all the pursued.
9. This is founded, and follows upon the 4th article of the Solemn League and covenant: where we are bound with all faithfulness to endeavour the discovery, of all such as have been, or shall be incendiaries, malignants or evil instruments,----that they may be brought to public trial, and receive condign punishment. Now, as this obliges to the orderly and ordinary way of prosecuting them when there is access to public judicatories: so when there is none either this article obliges to no endeavour at all; (which cannot be, for it is moral duty to endeavour the punishment of such) or else it must oblige to this extraordinary action and execution of judgment, if to any at all. Especially considering, how, in the sense of the short comings of this duty, it is renewed in the solemn acknowledgement of sins, and engagement to duties, that we shall be so far from conniving at malignity, injustice, &c., that we shall----take a more effectual course, than heretofore, in our respective places and callings, for punishing and suppressing these evils.----Certainly we were called to one way of prosecuting this obligation then, when it was first engaged into, and to another now, when our capacity and circumstances are so materially and formally altered: if the effectual course then was by public authority; then now when that is wanting, there must be some obligation to take some effectual course still, that may suit our places and callings, which will certainly comprehend this extraordinary way of suppressing those evils, by preventing their growth in curbing the instruments, and executing judgment upon them, in a case of extreme necessity, which will suit with all places, and all callings.
II. From the scriptures, these arguments are offered,
First, Some approven examples, and imitable in the like circumstances, will clear and confirm the lawfulness of this extraordinary work of judgment executed by private persons, upon notorious incendiaries, firebrands, and murderers, guilty of death by the law of God,
1. Moses spied an Egyptian smiting an Hebrew, one of his brethren; and he looked this way, and that way, and when he saw that there was no man, he slew the Egyptian, and hid him in the sand, Exod. ii. 11, 12. Here is an uncondemned example: whereof the actor who was the relater did not condemn himself, though he condemns himself for faults that seem less odious; yea, in effect, he is rather condemned by Stephen the Martyr, Acts vii. And though it be extraordinary, in that it was done by private authority, not by a judge, as it was objected to him the second day: yet it was not unimitable; because that action, though heroical, whereof the ground was ordinary, the rule moral, the circumstances commonly incident, the management directed by human prudence, cannot be unimitable; but such was this action, though heroical. The ground was ordinary, spying his brother in hazard, whose murder he would have prevented. The rule was moral, being according to that moral precept in rescuing our brother in hazard, Prov. xxiv. 11, 12. The circumstances were incident in a case of extreme necessity, which he managed very prudently, looking this way, and that way, and hiding him in the sand. Therefore it may be imitated in the like case. It signifies nothing to say that he was moved by the Spirit of God thereto: for unto every righteous performance the motion of the Spirit of God is requisite. This impulse that Moses had and others after-mentioned, was nothing but a greater measure of that assisting grace, which the extraordinariness of the case, and the difficulties therein occurring did call for; but the interveening of such motions, do not alter the rule, so as to make the action unimitable. Impulses are not the rule of duty, either under an ordinary or extraordinary exigence; but when they are subsequent and subservient both to the rule of duty, and to a man's call in his present circumstances, they clearly determine to the species of an heroic enterprise; in so much that it is not only the particular deed that we are to heed for our imitation, but we are to emulate the grace and principle of zeal which produced it, and is thereby so conspicuously relucent for our upstirring to acts in like manner, as God may give opportunity, as is observed by the true non-conformist, Dial. 7. pag. 392, &c.
2. When Israel joined himself unto Baal-Peor, the Lord said unto Moses, 'Take all the heads of the people, and hang them up before the Lord against the sun, that the fierce anger of the Lord may be turned away from Israel.' And Moses said unto the judges, 'Slay every one his men that were joined unto Ball-Peor.' And when Zimri brought the Midianitish Cozbi in the sight of Moses, and in the sight of all the congregation, who were weeping before the door of the tabernacle; and when Phineas saw it, he rose up,----and took the javelin in his hand, and he went after the men of Israel into the tent, and thrust both of them through,----So the plague was stayed,----And the Lord spake unto Moses, saying, 'Phineas hath turned away my wrath from the children of Israel, while he was zealous for my sake among them,----I give unto him my covenant of peace,----because he was zealous for his God, and made an atonement for the children of Israel.' Numb. xxv. 3.-13. This action is here much commended, and recorded to his commendation, Psal. cvi. 30, 31. Then stood up Phinehas, and executed judgment, and so the plague was stayed; and that was counted to him for righteousness, unto all generations; that is,----Into justice of the deed before men, who otherwise might have put a bad construction upon it, as rash, out of season, committed against a magistrate by a private person, too cruel by cutting them off from repentance; but God esteemed it as extraordinary just. Pool's Synops. Critic. in Locum. It is certain, this action was some way extraordinary; because Phinehas was not a magistrate, nor one of the judges whom Moses commanded to slay every one his men, ver. 5. Otherwise, if this had been only an ordinary execution of the judgment by the authority of Moses, Phinehas' action would not have been taken so much notice of, nor so signally rewarded; but here it is noted as a singular act of zeal, which it could not have been, if it was only an ordinary execution of the magistrate's command: yet, though this action was signally heroical, proceeding from a principle of pure zeal for God, and prompted by a powerful motion of the Spirit of God to that extraordinary execution of judgment: it is notwithstanding imitable in the like circumstances. For, the matter is ordinary, being neither preternatural, nor supernatural, but just and necessary. The end was ordinary, to turn away the wrath of God, which all were obliged to endeavour. The principle was ordinary, (though at the time he had an extraordinary measure of it) being zealous for the Lord, as all were obliged to be. The rule was ordinary, to wit, the command of slaying every man that was joined to Baal Peor, ver. 5. only this was extraordinary, that the zeal of God called him to his heroical action, though he was not a magistrate, in this extraordinary exigent, to avert the wrath of God; which was neither by Moses's command, nor by the judges obedience, turned away only by Phinehas' act of another nature, and his zeal appearing therein, and prompting him thereto, the Lord was appeased, and the plague slayed. In which fervour of zeal, transporting him to the omission of the ordinary solemnities of judgment, the Spirit of the Lord places the righteousness and praise of the action. Yet the same call and motion of zeal might have impowered others to do the like: the text speaks of no other call he had, but that of zeal, ver. 11, 12, 13. yea, another was obliged to do the same, upon the ground of that moral command, Deut. xiii. 6.-9. having the ground of God's ordinary judgment, which commandeth the idolater to die the death; and therefore to be imitate of all that prefer the true honour and glory of God to the affection of flesh and wicked princes, as Mr. Knox affirmeth in his conference with Lethingtoun, rehearsed before, per. 3. Further, let it be enquired, What makes it unimitable? Certainly it was not so, because he had the motion and direction of God's Spirit; for men have that to all duties. It was not, because he was raised and stirred up of God to do it; for God may raise up spirits to imitable actions. It was not, because he had an extraordinary call, for men have an extraordinary call, to imitable actions, as the apostles had to preach. We grant these actions are extraordinary and unimitable; which, first, do deviate from the rule of common virtue, and transcend all rules of common reason and divine word; but this was not such, but an heroic act of zeal and fortitude: Next these actions, which are contrary to a moral ordinary command are unimitable, as the Israelites robbing the Egyptians, borrowing, and not paying again, Abraham's offering his son Isaac; but this was not such: next those actions, which are done upon some special mandate of God, and are not within the compass of ordinary obedience to the ordinary rule, are unimitable; but is not such: as also miraculous actions, and such as are done by the extraordinary inspiration of the Spirit of God, as Elias's killing the captains with their fifties by fire from heaven; but none can reckon this among these. See Jus Populi at length discussing this point, and pleading for the suitableness of this action, cap. 20. If therefore the Lord did not only raise up this Phinehas to that particular act of justice, but also so warrant and accept him therein, and reward him therefore, upon the account of his zeal, when there was a godly and zealous magistrate, able, and whom we cannot without breach of charity presume, but also willing to execute justice; how much more may it be pleaded, that the Lord, who is the same yesterday, to day and forever, will not only pour out of that same spirit upon others; but also when he gives it, both allow them, though they be but private persons, and also call them, being otherwise in a physical and probable capacity to do these things in an extremely necessitous, and otherwise irrecoverable state of the church, to which in a more intire condition he doth not call them? And particularly, when there is not only the like or worse provocations, the like necessity of execution of justice and of reformation, for the turning away of wrath, and removing of judgments, that was in Phinehas's case, but also, when the supreme civil magistrate, the nobles of the kingdom, and other inferior rulers, are not only unwilling to do their duty, but so far corrupted and perverted, that they are become the authors and patronizers of these abominations, Naph. prior Edit. p. 23.
3. When the children of Israel served Eglon the king of Moab, and they cried unto the Lord, he raised them up a deliverer, Ehud the son of Gera, who made a dagger, and brought a present unto Eglon, and put forth his left hand, and took the dagger from his right thigh, and thrust it into his belly, Judg. iii. 21. That this action was approven will not be doubted, since the Lord raised him up as a deliverer who by this heroical action commenced it; ond since it was a message from God, and that it was extraordinary, were ridiculous to deny: for sure this was not the judicial action of a magistrate, neither was Ehud a magistrate at this time, but only the messenger of the people sent with a present. Yet it is imitable in the like case, as from hence many grave authors concluded the lawfulness of killing a tyrant without a title.
4. When the Lord discomfitted the host of Jabin, and Sifera his captain fled into the house of Heber the Kenite, Jael Heber's wife took a nail of the tent, and went softly unto him, and smote the nail into his temples, Judg, iv. 21. of which the prophetess Deborah says, chap. v. 24. "Blessed above women shall Jael the wife of Heber the Kenite be above women in the tent." Yet not only was Jael no magistrate, but in subjection to and at peace with Jabin, though she killed his captain. But there was no injustice here, when he was declared a public enemy, the war was just, he was an oppressor of the people of God, it became Jael, as a member of the commonwealth, to betray and cut off the common enemy. Therefore Jael had sinned, if she had not killed him. Martyr and others cited in Pool. Synops. Critic. upon the place, albeit that author himself, in his English annotations, does cut the knot, instead of loosing it, in denying Deborah's song to be divinely inspired in its first composure, but only recorded as a history by divine inspiration, as other historical passages not approven, only because this heroic fact of Jael is there recommended, which is too bold an attempt upon this part of the holy canon of the scripture: whence we see what inconveniences they are driven to, that deny this principle of natural justice, the lawfulness of cutting off public enemies, to procure the deliverance of the Lord's people. Hence, If it be lawful for private persons, under subjection to, and at peace with the public enemies of the Lord's people to take all advantages to break their yoke, and deliver the oppressed from their bondage, by killing their oppressors; it must be much more lawful for such as acknowledge no such subjection or agreement, to attempt the same in extreme necessity; but the former is true: therefore the latter.
5. When Samson married the Timnite, and obliged himself by compact, to give them thirty sheets and thirty change of garments, upon their solving his riddle, the Spirit of the Lord came upon him, and he went down to Askelon, and slew thirty men of them, and took their spoil, Judg. xiv. 19. And afterwards, when he lost his wife by the cruelty and treachery of those Philistines, he said unto them, 'Though you have done this, yet will I be avenged of you, and after that I will cease. And he smote them hip and thigh with a great slaughter,' chap. xv. 7, 8. And when the Jews, who acknowledged the Philistines for rulers, came to Etam to expostulate with him, all the satisfaction he gave them was to avouch, that as they had done unto him, so he had done unto them, and to kill a thousand more of them, ver. 11. &c. These were extraordinary heroic facts, not only because they flowed from an extraordinary power wherewith he was endued, and from an extraordinary motion and call; but because of his avenging his own private injuries for the public good, in a way both of fortitude and prudence, without a declared war, provoking the enemies against himself, and diverting from the people, and converting against himself, all their fury, in which also he acted as a type of Christ; and also because he acted not as a magistrate at this time, for by whom was he called or counted a magistrate? not by the Philistines, nor by the men of Judah, for they tell him that the Philistines were their lords, and they bound him and delivered him up to them: yet in his private capacity, in that extraordinary exigence, he avenged himself and his country against his public enemies, by a clandestine war, which is imitable in the like case, when a prevailing faction of murdering enemies domineer over and destroy the people of God, and there is no other way to be delivered from them; for his ground was moral, because they were public enemies, to whom he might do as they did to him. Hence, if saints sometimes, in cases of necessity, may do unto their public enemies, as they have done unto them, in prosecuting a war not declared against them; then much more may they do so in cases of necessity, to deliver themselves from their murdering violence, when a war is declared; but here is an example of the former: ergo
6. When these same Philistines again invaded and over-ran the land in the time of Saul, Jonathan his son, and his armour bearer, fell upon the garrison of these uncircumcised, and killed them, 1 Sam. xiv. 6. 13. This was an heroic action, without public authority; for he told not his father, ver. 1. And singular indeed, in respect of the effect, and were a tempting of the Lord, for so few to assault such a multitude, as it were to imitate Samson in his exploits; but in this respect, these actions are unimitable in consideration of prudence, not of conscience, or as to the lawfulness of the thing: their ground was moral, to cut off public enemies. Hence, If it be lawful to fall upon a garrison of public enemies, oppressing the country, then it must be lawful to fall upon one or two, that are the ring leaders of public enemies, and main promoters of their destruction, that are as pernicious, and have no more right or power, than the Philistines; but such is the case of those about whom the question is.
7. When David dwelt in the country of the Philistines, he and his men went up and invaded the Geshurites, and the Gezrites, and the Amalekites; and David smote the land, and left neither man nor woman alive, 1 Sam. xxvii. 8, 9. This was without public authority, having none from Saul, none from Achish, in whose country he dwelt, and none of his own, being no magistrate. We deny not the divine motion, but plead, that it is imitable from its moral ground, which was that command to cut off the Amalekites, Exod. xvii. and the Amorites, whose relicts these nations were; the same ground that Saul the magistrate had to destroy them. Whence it is lawful sometimes for others than magistrates to do that which is incumbent to magistrates, when they neglect their duty. All I plead for from it is, If it be lawful for private persons, upon the call of God, to cut off their public enemies, when they are obliged by the command of God to destroy them, though they be living quietly and peaceably in the country; then may it be lawful, in cases of necessity, for private persons to cut off their public enemies, whom they are obliged, by the covenant of God, to bring to condign punishment, and to extirpate them, (as the covenant obliges in reference to malignant incendiaries) when they are ravening like lions for their prey.
8. In the days of Ahab and Jezebel's tyranny, whereby the idolatrous prophets of Baal were not punished according to the law, Elijah said unto the people, 'Take the prophets of Baal, let none of them escape; and they took them to the brook Kishon, and slew them there,' 1 Kings xviii. 40. How Mr. Knox improved this passage we heard before, in the historical representation, Per, 3. and Jus pop. vindicates it, that in some cases private persons may execute judgment on malefactors, after the example of Elias here. Which fact, Peter Martyr, in locum, defendeth thus: 'I say it was done by the law of God; for, Deut. xviii. 20. God decerned that the false prophet should die; and chap. xvii. the same is said of private men and women, who would worship idols; but, chap. xiii. not only is death threatened against a seducing prophet, but a command is added, That no man should spare his brethren.--3dly, It is commanded, that the whole city, when it becometh idolatrous, should be cut off by fire and sword:' And, Lev. xxiv. 14. 16. it is statute, that the blasphemer should not live: 'to which we may add the law or equity of taliation: for these prophets of Baal caused Jezebel and Ahab kill the servants of the Lord.' See Jus pop. cap. 20. pag. 425. Upon this also Mr. Mitchel defends his fact, as above,--'Also Elijah, by virtue of that precept, Deut. xiii. gave commandment to the people to destroy Baal's priests, contrary to the command of the seducing magistrate, who was not only remiss and negligent in executing justice, but became a protector and defender of the seducers; then and in that case, I suppose the Christians duty not to be very dark.'
9. This idolatrous and tyrannical house was afterwards condignly punished by Jehu, 2 Kings ix. x. chap. who destroyed all the idolaters, who were before encouraged and protected by that court, chap. x. 25. This extraordinary fact was not justified by his magistratical authority; for that was as extraordinary as the fact itself, and conferred as a mean to accomplish the fact. He had no authority by the people's suffrages, nor was he acknowledged as such by the court or body of the people, only the Lord gave it extraordinarily. But it is not the imitation of his assumption of authority that is here pleaded for, but the imitation of his fact in extraordinary cases, when not only tyrants and idolaters pass unpunished, but their insolency in murdering the innocent is intolerable. Mr. Knox vindicates this at length, as before, and shews, that it had the ground of God's ordinary judgment, which commands the idolater to die the death; and that though we must not indeed follow extraordinary examples, if the example repugn to the law, but where it agrees with and is the execution of the law, an example uncondemned stands for a command; for God is constant, and will not condemn in ages subsequent what he hath approved in his servants before. See the Testimony of Period 3. above, and Jus pop. cap. 20. pag. 418.
10. When Athaliah, the mother of Ahaziah, had tyrannized six years, at length Jehoiada, with others, made a conspiracy against her, to depose her, and make Joash king; which when it was discovered, she cried treason, treason, as indeed it would have been so, if she had been the lawful magistrate; for it was an attempt of subjects against her that had the possession of the sovereign power. But Jehoiada commanded the captains to heave her forth without the ranges, and him that followeth her kill with the sword; and they laid hands on her, and she was slain, 2 Kings xii. 14,--16. That this is imitable in the punishment of tyrants, is cleared above. If therefore it be lawful for subjects to kill usurping tyrants, and such as follow them to help them, under whom nevertheless people might have a life; then it must be lawful for private persons to put forth their hand against their cut-throat emissaries, in a case of necessity, when there is no living for them.
11. When Amaziah turned idolater and tyrant, after the time that he turned away from the Lord, they made a conspiracy against him in Jerusalem, and he fled to Lachish; but they sent to Lachish after him and slew him there, Chron. xxv. 37. This fact is before vindicated by Mr. Knox, Period 3. afterward Head 2. and Head 5.
12. When Esther made suit to reverse Haman's letters, the king granted the Jews in every city, not only to gather themselves together, and to stand for their lives, but also to destroy, to slay, and to cause to perish, all the power of the people and province that would assault them, both little ones and women,--and to avenge themselves on their enemies. And accordingly in the day that their enemies hoped to have power over them, the Jews gathered themselves to lay hand on such as sought their hurt, and smote all their enemies with the stroke of the sword, Esth. viii. 11, 13, chap. ix, 1-5, &c. They had indeed that law of nature fortified by the king's accessary authority, as Valentinian, by his edict, granted the like liberty, to resist any unjust invader to depopulate the lands of his subjects, that he might be forthwith liable to a deserved punishment, and suffer that death which he threatned.--And the like of Arcadius is extant, in the Justinian Cod. Tit. How it may be lawful for every man to vindicate himself and the public, without the concurrence of a judge. But that doth not exclude the lawfulness of such resistances in case of necessity, without public authority; so here, it was not the king's commandment that made the Jews avenging themselves lawful, if it had not been lawful before and without it; it gave them only liberty to improve that privilege, which they had from God and nature. Surely their power of resisting did not depend on the king's commandment, as is proven, Head 5. Ergo, neither their power of avenging themselves, to prevent their murder by their enemies, which they could and were obliged to do, if there had been no such authority: Ergo, it was not only suspended upon the king's authority. And as for Haman's sons and adherents, being Agagites, they were obliged, by a prior command, to avenge themselves on them, on all occasions, by that command to destroy Amalek: therefore it must be lawful, even without public authority, in some cases of necessity, to prevent the murder of public enemies, by laying hands on them that seek the hurt of all the people of God.
Secondly, There are some precepts from which the same may be concluded.
1. There is a command, and the first penal statute against murderers, we read, Gen. ix. 6. 'Whoso sheddeth man's blood, by man shall his blood be shed.' Here the command is given in general to punish capitally all murderers; but there may be some that no magistrate can punish, who are not here exempted, to wit, they that are in supreme authority, and turn murderers, as was said above. Again, the command is given in general to man involving all the community (where the murderer is) in guilt, if his blood be not shed; as we find in the scripture, all the people were threatned and punished because judgment was not executed; and when it was executed even by these who were no magistrates, the wrath of God was turned away, whereof there are many examples above. Further, if the command to shed the blood of murderers be given before the institution of magistracy, then, in case of necessity, to stop the course of murderers, it may be obeyed, when there is no magistrate to execute it: but here it is given before the first institution of magistracy, when now there was no government in the world, but family government, as Grotius on the place saith, 'When this law was given, public judgment was not yet constitute, therefore the natural right and law of taliation is here held forth, which when mankind was increased and divided into several nations, was justly permitted only to judges, some cases excepted, in which that primeve right did remain.' And if in any, then in this case in question. Hence, Lex Rex answereth the p. prelate, essaying to prove, that a magistracy is established in the text denies that Ba Adam, by man, must signify a magistrate, for then there was but family government, and cites Calvin, of the same mind, that the magistrate is not spoken of here. Though this command afterwards was given to the magistrate, Numb. xxxv. 30. yet in a case of necessity, we must recur to the original command.
2. This same command of punishing murdering enemies, is even, after the institution of magistrates, in several cases not astricted to them, but permitted to the people, yea enjoined to them. As, (1.) Not only magistrates, but the people, are commanded to avenge themselves on their public enemies, as the Israelites, after their being ensnared in the matter of Peor, are commanded to vex the Midianites, and smite them, because they beguiled them, and brought a plague upon them, Numb. xxv. 17, 18. and Numb. xxxi. 2. to avenge themselves on them, and for this end to arm themselves, and go against them, and avenge the Lord of Midian: which they executed with the slaughter of all the males. So likewise are they commanded to destroy Amalek. It is true these commands are given primarily and principally to magistrates, as there to Moses, and afterwards to Saul: yet afterwards we find others than magistrates, upon this moral ground, having the call of God, did execute judgment upon them, as Gideon and David, before they were magistrates, did avenge themselves and the Lord upon them, as is before cleared. It is also true, that there was some holy severity then to be extended against particular nations as such, peculiar to that dispensation, which is not pleaded as imitable; but the ground was moral, and the right of a people's saving themselves by the destruction of their enemies; when there is no other way for it, is natural. And this is all we plead for here. If people may vex their enemies, and avenge themselves against them, even without public authority, when ensnared by their craftiness; much more may they put a stop to their insolency, by cutting off their principle and most pernicious instruments, in case of necessity, when invaded by their cruelty; but here a people is commanded to vex their enemies, and avenge themselves on them, and accordingly Gideon and David did so, without public authority, and that upon a ground which is moral and natural: Ergo--(2.) The execution of the punishment of murderers is committed to the people: 'The revenger of blood, himself shall slay the murderer, when he meeteth him, he shall slay him,' Numb. xxxv. 19, 21. So that if he met him before he got into any city of refuge, he might lawfully slay him, and if he did flee to any, he was to be rendered up to the avengers hands, Deut. xix. 12. that the guilt of innocent blood may be put away from Israel, ver. 23. This revenger of blood was not the magistrate: for he was the party pursuing, Numb. xxxv. 24. Between whom and the murderer the congregation was to judge: he was only the next in blood or kindred. In the original he is called Goel, the redeemer, or he to whom the right of redemption belongs, and very properly so called, both because he seeks redemption and compensation for the blood of his brother, and because he redeems the land from blood guiltiness, in which otherwise it would be involved. I do not plead that this is always to be imitated, as neither it was always practised in Israel; but if a private man, in a hot pursuit of his brother's murderer, might be his avenger, before he could be brought to judgment, then much more may this power be assumed, in a case of necessity, when there is no judgment to be expected by law, and when not only our brethren have been murdered by them that profess a trade of it, but others also and ourselves are daily in hazard of it, which may be prevented in cutting them off. I do not see what is here merely judicial, so as to be rejected as Judaical: for sure murderers must be slain now as well as then, and there is the same hazard of their escaping now as then: murder involves the land in guilt, now as well as then, and in this case of necessity especially, that law that gives a man right to preserve himself, gives him also right to be his own avenger, if he cannot otherwise defend himself. (3.) Not only the execution, the decision of matters of life and death, is committed to them; as in the case of blasphemy and cursing, 'All that heard were to lay their hands upon his head, and all the congregation was to stone him,' Lev. xxiv. 14, 16. 'The man-slayer was to stand before the congregation in judgment. Then the congregation shall judge between the slayer and avenger of blood,' Numb. xxxv. 12, 24. The people claimed the power of life and death, in seeking to execute judgment upon those that had spoken treason against Saul, Bring the men (say they) that we may put them to death, 1. Sam. xi. 12. Especially in the case of punishing tyrants, as they did with Amaziah. Certainly this is not so judicial or judaical, as that in no case it may be imitated; for that can never be abrogated altogether, which in many cases is absolutely necessary; but that the people, without public authority, should take the power of life and death, and of putting a stop to the insolency of destroyers, by putting them to death, is in many cases absolutely necessary; for without this they cannot preserve themselves against grassant tyrants, nor the fury of public enemies or firebrands within themselves, in case they have no public authority, or none but such as are on their destroyers side. (4.) Not only the power of purging the land, by divine precept, is incumbent on the people, that it may not ly under blood guiltiness; but also the power of reforming the courts of kings, by taking course with their wicked abetters and evil instruments, is committed to him, with a promise that if this be done, it shall tend to the establishment of their throne; which is not only a supposition in case it be done, but a supposed precept to do it, with an insinuation of the necessity and expediency of it, that it is as suitable as the taking away of the dross from silver, in order to the production of a vessel, Prov. xxv. 4, 5. 'Take away the wicked from before the king, and his throne shall be established in righteousness;' which is not only there given to kings, for then it would be in the second person spoken to them, but to the people to do it before them, as the people did with Baal's prophets from before Ahab. And our progenitors many times have done with wicked counsellors, as may be seen in the foregoing representation, and more fully in the history of the Douglasses, and in Knox's and Calderwood's histories. Hence, if it be duty to reform the court, and to take away a king's wicked sycophants, counsellors, agents, and instigators to tyranny; then it must be lawful, in some cases of necessity, to restrain their insolency, and repress their tyranny, in executing judgment upon such of them as are most insupportable, who are made drunk with the blood of innocents; but the former is true: therefore----(5.) For the omission of the executing of this judgment on oppressors and murderers, involving the whole land in blood guiltiness, which cannot be expiated but by the blood of them that are so criminal; not only magistrates, but the whole people have been plagued. As for Saul's murdering the Gibeonites, the whole land was plagued, until the man that consumed them, and devised against them to destroy them, seven of his sons were delivered unto them, to be hanged up before the Lord, 2 Sam. xxi. 5, 6. So also for the sins of Manasseh. The reason was, because if the magistrate would not excute judgment, the people should have done it: for not only to the king, but also to his servants, and to the people that entered in by the gates, the command is, excute ye judgment, and deliver the spoiled out of the hand of the oppressor, Jer. xxii. 2, 3. though it be true, this is to be done by every one in their station, justice and order being preserved, and according to the measure of their office, and it chiefly belongs to judges and magistrates: yet this is no wrong to justice, nor breach of order, nor sinful transgression of people's vocation, not only to hinder the shedding of innocent blood, to prevent God's executing of what he there threatens, but also to execute judgment on the shedders, to prevent their progress in murdering villany, when inferior as well as superior magistrates are oppressing and tyrannizing: therefore this seeking, and doing, and executing judgment, is so often required of the people, in such a case, when princes are rebellious and companions of thieves, and in the city where judgment used to be, now murderers bear sway, Isa. i. 17. 21. the Lord is displeased where there is none, Isa. lix. 15, 16. Jer. v. 1. See this vindicated in Lex Rex, quest. 34. p. 367. and in Jus popul. cap. 10. p. 237.
3. That command concludes the same against idolaters, apostates, and enticers thereunto, Deut. xiii. 6. &c. 'If thy brother----or thy friend, which is as thine own soul, entice thee secretly, saying, let us go and serve other gods----thou shalt not spare nor conceal him, but thou shalt surely kill him----because he sought to thrust thee away from the Lord thy God----And all Israel shall hear, and fear, and do no more any such wickedness.' And ver. 13. &c. 'If thou shall hear say in one of thy cities----saying, Certain men the children of Belial, are gone out----and have withdrawn the inhabitants of their city, saying, let us go to serve other gods----Then shalt thou enquire----and behold if it be truth, and the thing certain----thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly.'----This cause of the open enticers to idolatry was not brought to the judges, as common idolaters, and such who were enticed to serve other gods, and worship them, were to be brought to the gates, and to be stoned first by the hands of witnesses, and afterwards by all the people, Deut. xvii. 3, 5, 7. But this is another law; of which the Jewish antiquaries, and particularly Grotius out of Philo and the Rabb. upon the place, saith, 'Whereas in other crimes the guilty used to be kept after the sentence a night and a day, that if he could say any more for himself he might, these were excepted from this benefit; and not only so, but it was permitted to any to execute judgment upon them (viz. Enticers to idolatry) without waiting for a judge. The like was used against sacrilegious robbers of the temple, and priests who sacrificed when they were polluted, and those who cursed God by the name of an idol, and those who lay with an idolatress: chiefly those who denied the divine authority of the law: and this behoved to be before the people, at least ten, which in Hebrew they called Hheda.----Neither is this to be admitted in so grievous a crime, when even the man-slayer without the place of refuge might have been killed by the kinsman of the defunct.' And upon Numb. xv. 30. the punishment of presumptuous blasphemers, he says, 'But here these are to be understood thus, that the guilty shall not be brought to the judges, but be killed by them that deprehended them in the crime, as Phinehas did to Zimri;' and proves it out of Maimonides, Pool. Synop. Critic. on the place. And it must be so; for in this case no mention is made either of judges, or witnesses, or further judgment about it, than that he that was tempted by the enticer should fall upon him, and let the people know it, that they might lay hands on him also; otherwise evil men might pretend such a thing when it was not true.
But in case of a city's apostacy, and hearkning to enticers, the thing was only to be solicitously enquired into, and then though it was chiefly incumbent upon the magistrate to punish it, yet it was not all astricted to him, but that the people might do it without him. As upon this moral ground, was Israel's war stated against Benjamin, Judg. xx. 13. When there was no king nor judge, and also when there were kings that turned idolaters and tyrants, they served them so, as here is commanded: witness Amaziah, as is shewed above. Hence not only Moses, upon the people's defection into idolatry in the wilderness, commanded all on the Lord's side, every man to put his sword by his side,--and slay every man his brother, and every man his companion, and every man his neighbour, whereby three thousand fell at that time by the sword of the Levites, Exod. xxxii. 27, 28. But also Joash, Gideon's father, upon the same moral ground, though he was no magistrate, could say to the Abiezrites, will ye plead for Baal--he that will plead for him, let him be put to death while it is yet morning.--Judg. vi. 31. Moreover, (as Mr. Mitchel adduces the example very pertinently), we see that the people of Israel destroyed idolatry, not only in Judah wherein the king concurred, but in Ephraim, and in Manasseh, where the king himself was an idolater; and albeit, they were but private persons, without public authority: for what all the people was bound to do by the law of God, every one was bound to do it to the uttermost of his power and capacity. Mr. Mitchel offers this place to vindicate his fact of shooting at the prelate, Deut. xiii. 9. 'Wherein, (says he) it is manifest, That the idolater or enticer to worship a false god, is to be put to death by the hand of those whom he seeks to turn away from the Lord: which precept I humbly take to be moral, and not merely judicial, and that it is not at all ceremonial or levitical. And as every moral precept is universal, as to the extent of place, so also as to the extent of time, and persons.' The chief thing objected here is, that this is judicial precept, peculiarly suited to the old dispensation; which to plead for as a rule under the New Testament, would favour of Jewish rigidity inconsistent with a gospel Spirit. Ans. How Mr. Knox refels this, and clears that the command here is given to all the people, needs not be here repeated; but it were sufficient to read it in the foregoing representation, Period 3. Pag. 24. As it is also cited by Jus Pop. pag. 212. &c. But these general truths may be added, concerning the judicial laws, 1. None can say, that none of the judicial laws, concerning political constitutions, is to be observed in the New Testament: for then many special rules of natural and necessary equity would be rejected, which are contained in the judicial laws of God: yea, all the laws of equity in the world would be so cast: for none can be instanced, which may not be reduced to some of the judicial laws: and if any of them are to be observed, certainly these penal statutes, so necessary for the preservation of policies, must be binding. 2. If we take not our measures from the judicial laws of God, we shall have no laws for punishment of any malefactors by death, of divine right, in the New Testament. And so all capital punishments must be only human constitutions; and consequently they must be all murders: for to take away the life of man, except for such causes as the Lord of our life (to whose arbitriment it is only subject) hath not approven, is murder, as Dr. Ames saith, De homicidio Conscienc. Lib. 5. Cap. 31. Quest. 2. For in the New Testament, though in the general, the power of punishing is given to the magistrate, yet it is no where determined, neither what, nor how crimes are to be punished. If therefore penal laws must be taken from the Old Testament; the subject of executing them, as well as the object, must be thence deduced; that is, what is there astricted to the magistrate must be so still, and what is permitted to the people must remain in like manner their privilege; since it is certain, the New-Testament liberty is not more restricted as to penal laws than the old. 3. Those judicial laws, which had either somewhat typical, or pedagogical, or peculiar to the then judaical state, are indeed not binding to us under that formality; though even these doctrinally are very useful, in so far as in their general nature, or equity of proportion, they exhibit to us some documents of duty; but those penal judgments, which in the matter of them are appended to the moral law, and are, in effect, but accurate determinations and accommodations of the law of nature, which may suit our circumstances as well as the Jews, do oblige us as well as them. And such are these penal statutes I adduce; for, that blasphemy, murder, and idolatry, are heinous crimes, and that they are to be punished, the law of nature dictates: and how, and by whom, in several cases, they are to be punished, the law judicial determines. Concerning the moral equity even of the strictest of them, Amesius de Conscien. Lib. 5. Mosaical appendix of precepts, doth very learnedly assert their binding force: 4. Those judicial laws, which are but positive in their form, yet if their special, internal, and proper reason and ground be moral, which pertains to all nations, which is necessary and useful to mankind, which is rooted in, and may be fortified by human reason, and as to the substance of them approven by the more intelligent heathens; those are moral, and oblige all Christians as well as Jews: and such are these laws of punishing idolaters, &c. founded upon moral grounds, pertaining to all nations, necessary and useful to mankind, rooted in, and fortified by human reason; to wit, that the wrath of God may be averted, and that all may hear and fear, and do no more so wickedly; especially if this reason be superadded, when the case is such, that innocent and honest people cannot be preserved, if such wicked persons be not taken order with. 5. Those judicial laws, which being given by the Lord's immediate authority, though not so solemnly as the moral decalogue, are neither as to their end, dead, nor as to their use, deadly, nor as to their nature, indifferent, nor in any peculiar respect restringible only to the Jews, but the transgressions whereof both by omission and commission are still sins, and were never abolished neither formally nor consequentially in the New Testament, must be moral; but such, as these penal laws I am speaking of, they cannot be reputed among the ceremonial laws, dead as to their end, and deadly as to their use, or indifferent in their nature: for sure, to punish the innocent upon the account of these crimes, were still sin, now as well as under the Old Testament; and not punish the guilty, were likewise sin now as well as then. If then the matter be moral and not abolished, the execution of it by private persons, in some cases when there is no access to public authority, must be lawful also. Or if it be indifferent, that which is in its own nature indifferent, cannot be in a case of extreme necessity unlawful, when otherwise the destruction of ourselves and brethren is in all human consideration inevitable. That which God hath once commanded, and never expresly forbidden, cannot be unlawful, in extraordinary cases, but such are these precepts we speak of: therefore they cannot be in every case unlawful. Concerning this case of the obligation of judicial laws, Ames. de Conscienc. Lib. 5. Cap. 1. Quest. 9. 6. Those laws which are predicted to be observed and executed in the New Testament, cannot be judicial or judaical, restricted to the old: but such is this. In the day, that a fountain shall be opened for the house of David for sin, and for uncleanness; which clearly points at gospel times; it is said, "The Lord will cause the prophets and the unclean spirits to pass out of the land: and it shall come to pass, that when any shall yet prophesy, then his father and his mother that begat him shall say unto him, thou shalt not live----and shall thrust him through when he prophesieth," Zech. xiii. 3. Which cannot be meant of a spiritual penetration of the heart: for it is said, he shall not live; and the wounds of such as might escape, by resistance or flight, are visible in his hands, ver. 6. It is therefore to be understood of corporal killing inticers to idolatry, according to the law, Deut. xii. 9. either by delivering them up to the judges, as Piscator on the place says, or as Grotius saith, they shall run through, as Phinehas did Zimri, Numb. xxv. Understand this of a false prophet, desiring to intice the people to the worship of false gods; for the law impowered every Jew to proceed against such----which law expressly adds, that they should not spare their son, if guilty of such a crime. From all which I conclude, if people are to bring to condign punishment idolatrous apostates, seeking to intice them; then may oppressed people, daily in hazard of the death of their souls by compliance; or of their bodies, by their constancy in duty, put forth their hand to execute judgment, in case of necessity, upon idolatrous apostates and incendiaries, and the principal murdering emissaries of tyrants, that seek to destroy people, or enforce them to the same apostacy; but the former is true: therefore, &c.
4. The same may be inferred from that command of rescuing and delivering our brother, when in hazard of his life; for omitting which duty, no pretence, even of ignorance, will excuse us, Prov. xxiv. 11, 12. If thou forbear to deliver them that are drawn unto death, and those that are ready to be slain; if thou sayest, behold we knew it not: doth not he that pondereth the heart consider it? and he that keepeth thy soul doth not he know it, and shall not he render to every man according to his works? That is, 'Rescue out out of the hand of the invader, robber, unjust magistrate, &c. and that either by defending him with your hand, or tongue, or any other lawful way: men use to make a great many excuses, either that they know not his danger nor his innocence, nor that they were possessed of so great authority that they might relieve him, that they have enough to do to mind their own affairs, and not concern themselves with others, &c. He proposes and redargues here, for examples sake, one excuse, comprehending all the rest.' As commentators say, Pool. Syn. Crit. in loc. This precept is indefinitely given to all: principally indeed belonging to righteous magistrates; but in case of their omission, and if, instead of defending them, they be the persons that draw or send out their destroying emissaries to draw them to death, then the precept is no more to be restricted to them, than that verse. 1. not to be envious against evil men, or vers. 10. If thou faint in the day of adversity, thy strength is small, can be said to be spoken only to magistrates. Hence, if it be a duty to rescue our brethren from any prevailing power that would take their lives unjustly, and no pretence even of ignorance will excuse the forbearance of it, then it must be lawful, in some extraordinary cases, to prevent the murdering violence of public incendiaries, by killing them, rather than to suffer ourselves or our brethren to be killed, when there is no other way, in probability, either of saving ourselves, or rescuing them; but here the former is commanded as a duty: therefore the latter also must be justified, when the duty cannot otherwise be discharged.
Now, having thus at some length endeavoured to discuss this some way odd and esteemed odious head, to which task I have been as unwillingly drawn, as the actors here pleaded for were driven to the occasion thereof, whom only the necessity of danger did force to such atchievements, to preserve their own and brethren's lives, in prosecuting the cause; and nothing but the necessity of duty did force me to this undertaking, to defend their name from reproach, and the cause from calumnies. I shall conclude with a humble protestation, that what I have said be not stretched further than my obvious and declared design doth aim at; which is not to press a practice from these precedents, but to vindicate a scripture truth from invidious or ignorant obloquies, and not to specify what may or must be done in such cases hereafter, but to justify what hath been done in such circumstances before. Wherein I acknowledge, that though the truth be certain, such things may be done, yet the duty is most difficult to be done with approbation. Such is the fury of corrupt passion, far more fierce in all than the pure zeal of God is to be found fervent in any, that too much caution, tenderness, and fear, can scarce be adhibit in a subject, wherein even the most warrantable provocation of holy zeal is ordinarily attended with such a concurrence of self-interest, and other carnal temptations, as it is impossible, without the signal assistance of special grace, to have its exercise in any notable measure or manner, without the mixture of sinful allay; as the true nonconformist doth truly observe as above. Yet this doctrine, though in its defined and uncautioned latitude be obnoxious to accidental abuses (as all doctrines may be abused by men's corruption or ignorance, misapplying the same) is nevertheless built upon such foundations, that religion will own to be firm, and reason will ratify their force. And I hope it is here so circumscribed with scripture boundaries, and restricted in the narrow circumstantiation of the case, that as the ungodly cannot captate advantage from it, to encourage themselves in their murdering villanies, seeing they never were, never can be so circumstantiate, as the exigence here defined requires; so as for the godly, I may presume upon their tenderness, and the conduct of that Spirit that is promised to lead them, and the zeal they have for the honour of holiness, with which all real cruelty is inconsistent, to promise in their name, that if their enemies will repent of their wickedness, and so far at least reform themselves, as to surcease from their cruel murdering violence, in persecuting them to the death, and devouring them as a prey, then they shall not need to fear from the danger of this doctrine, but as saith the proverb of the ancients, wickedness proceedeth from the wicked, but their hand shall not be upon them. But if they shall still proceed to murder the innocent, they must understand, they that hold this truth in theory, will also reduce it to practice. And bloody papists must know, that Christians now are more men, than either stupidly to surrender their throats to their murdering swords, or supinely to suffer their villany to pass unpunished; and though their favours have flattered many, and their fury hath forced others, into a faint succumbing and superseding from all action against them; yet all are not asleep; and I hope there are some, who will never enter into any terms of peace with them, against whom the Mediator hath declared, and will prosecute a war for ever, but will still own and aim at this, as the highest pitch of their ambition, to be found among his chosen, called, and faithful ones, who maintain a constant opposition against them. However, though the Lord seems, in his providence, to put a bar upon all public appearances under a display of open war against them; and it is not the design of what is said here on this and the foregoing head, to incite or invite to any: yet certainly, even at this present time, all that have the zeal of God, and love to his righteous cause rightly stated in their hearts, will find themselves called not to supersede altogether from all actions, of avowed and even violent opposition against them, whom we are all bound both by the morality of the duty, and the formality of solemn and sacred covenants, to hold out from a violent intrusion into, and peaceable possession of this land devoted to God, and to put them out when they are got in either by fraud or force; and this plea, now brought to an end, will oblige all the loyal lovers of Christ to an endeavour of these, 1. To take alarms, and to be fore-warned and fore-armed, resolute and ready to withstand the invasion of popery; that it be neither established by law, through the supineness of such, who should stand in the gap, and resolve rather to be sacrificed in the spot by a valiant resisting, than see such an abomination set up again; nor introduced by this liberty, through the wiles of such, whose chiefest principle of policy is perfidy, who design by this wide gate, and in the womb of the wooden horse of this toleration, to bring it in peaceably; nor intruded by force and fury, fire and sword, if they shall fall upon their old game of murders and massacres. It concerns all to be upon their guard, and not only to come out of Babylon, but to be making ready to go against it, when the Lord shall give the call. 2. To resist the beginnings of their invasions, before they be past remedy; and for this effect, to oppose their gradual erections of their idolatrous monuments, and not suffer them to set up the idol of the mass in city or country, without attempting, if they have any force, to overthrow the same. 3. In the mean time, to defend themselves and the gospel, against all their assaults, and to rescue any out of their hands, upon all occasions, that for the cause of Christ they have caught as a prey, and to oppose and prevent their own and the nation's ruin and slavery.
But to conclude: as it will be now expected, in justice and charity, that all the vassals and votaries, subjects and servants, of the one common Lord and King, Christ Jesus, every where throughout his dominions, who may see this representation of the case, and vindication of the cause of a poor wasted and wounded, persecuted and reproached, remnant of the now declining, sometimes renowned church of Scotland, will be so far from standing Esau like on the other side, either as enemies, rejoicing to look on their affliction in the day of their calamity; or as neutral, unconcerned with their distressed conditions; or as strangers, without the knowledge or sense of their sorrows and difficulties; or as Gallio's caring for none of these things, or thinking their case not worthy of compassion, or their cause of consideration; or possibly condemning their sufferings, as at best but started upon slender, subtile, and nice points, that are odd and odious, and invidiously represented: it is now expected, I say, that Christians, not possessed with prejudice, (which is very improper for any that bear that holy and honourable signature) and not willing to be imposed on by misinformations, will be so far from that unchristian temper towards them, as to be easily biassed with all reports and reproaches to their disadvantage, that if they weigh what is in this treatise offered, and truly I may say candidly represented, without any design of prevarication, or painting or daubing, to make the matter either better or worse than it will seem to any impartial observer; they will admit and entertain a more charitable construction of them, and not deny them brotherly sympathy and Christian compassion, nor be wanting in the duty of prayer and supplication for them; at length the Lord would turn his hand upon the little ones, and bring at least a third part, a remnant of mourners, through the fire. So, to that little flock, the poor of the flock, that wait upon the Lord, and desire to keep his way, I shall only say, though I judged necessity was laid upon me, instead of a better, to essay this vindication of your cause, as stated betwixt you and your Lord's enemies, the men that now ride over your heads, that say to your soul, Bow down that we may go over you, I desire not that you should, yea I obtest that you may not lay any stress on the strength of what I have said; but let its weight ly where it must be laid, on that firm foundation that will bear you and it both, that stone, that tried stone, that precious corner-stone, that sure foundation Christ Jesus; and search the scriptures of truth to see whether these things be so or not: and I doubt not, but by that touchstone if these precious truths be tried, they will be found neither hay nor stubble, that cannot abide the fire, but as silver tried in a furnace of earth purified seven times. Be not offended, that they are contemned as small, and contradicted as odious, but look to the importance of his glory, whose truths and concerns they are, and from whom they are seeking to draw or drive you, who oppose and oppugn these truths. Stand fast therefore in the liberty wherewith Christ hath made you free, and hold fast every word of his patience, that you may be kept in this hour of tentation. Let no man take your crown, or pull you down from your excellency, which is always the design of your wicked enemies, in all their several shapes nd shews, both of force and fraud, craft and cruelty. Beware of their snares, and of their tender mercies, for they are cruel; and when they speak fair, believe them not, for there are seven abominations in their hearts. "Say ye not a confederacy, to all them to whom this people shall say a confederacy, neither fear ye their fear, nor be afraid; sanctify the Lord of hosts himself, and let him be your fear, and let him be your dread, and he shall be for a sanctuary, but for a stone of stumbling and a rock of offence, to both the houses of Israel, for a gin and for a snare to the inhabitants of Jerusalem. Wait upon the Lord who hideth his face from the house of Jacob, and look for him among his children," though now you be reputed for signs and wonders in Israel, from the Lord of hosts which dwelleth in mount Zion. "Who knows, but therefore will the Lord wait, that he may be gracious unto you, and therefore will he be exalted, that he may have mercy upon you, for the Lord is a God of judgment, blessed are all they that wait for him." To whom be all the glory, Amen.
* * * * *
Having come to a conclusion of the six heads proposed to be treated of, I judged it conducing, by way of a postscript, to subjoin a seventh, in vindication of these conscientious and truly tender sufferers, who, in the dread and awe of the holy, sovereign, and supreme law-giver, who commandeth his subjects and followers, to abstain from all appearance of evil, did in obedience to him and his royal law, choose rather to suffer the rage, robberies, and violence of cruel and bloody enemies, together with censures, reproaches, obloquies, and contempt of apostatising professors, than to give any aid or encouragement to the avowed and declared enemies of Christ, that might contribute to the promoving their sacrilegious, tyrannical, and hellish projects and practices, calculate and prosecute against the gospel and kingdom of Christ, the covenanted reformed religion of the church, the rights, laws, and liberties of the people, and to the introducing of antichristian idolatry, tyranny and slavery, by paying any of their wicked and wickedly imposed exactions, raised for furthering their hellish designs, of which none that pays them can be innocent.
HEAD VII.
The Sufferings of many, for refusing to pay the wicked Exactions of the Cess, Locality, Fines, &c. vindicated.
It will possibly seem impertinent, or at least preposterous at such a time, when the pressure of these burdens is not more pinching to the generality of professing people, and in such a retrograde order, as after the discussion of the foregoing heads to subjoin any disquisition of these questions, which are now out of date and doors with many. But considering that the impositions of these burdens are still pressing to some, and the difficulties of doubts and disputes about them still puzling, the sin and scandal of complying with them still lying upon the land, not confessed nor forsaken, the leaven of such doctrine as daubs and defends the like compliance still entertained, the sufferings of the faithful, for refusing them, still contemned and condemned, and the fears and expectations of more snares of that nature, after this fair weather is over, still increasing; if I may be so happy as to escape impertinencies in the manner of managing this disquisition, I fear not the censure of the impertinency or needlessness of this essay. As to the order of it, it was intended to have been put in its proper place among the negative heads of sufferings; but knowing of how little worth or weight any thing that I can say is with the prejudged, and having a paper writ by two famous witnesses of Christ against the defections of their day, Mr. M'Ward and Mr. Brown, more fully and largely detecting the iniquity of the cess (from which the wickedness of other exactions also may be clearly deduced) though at such distance at the writing of the foregoing heads, that it could not be had in readiness to take its due place, and time would not allow the suspending other things until this should come to hand; I thought it needful, rather than to omit it altogether, to insert it here. However, tho' neither the form of it, being by way of letter, nor the method adapted to the design of a moving disswasion, nor the length and prolixity thereof, will suffer it to be here transcribed as it is; yet to discover what were their sentiments of these things, and what was the doctrine preached and homologated by the most faithful both ministers and professors of Scotland, eight or nine years since, how closely continued in by the contendings of this reproached remnant still persecuted for these things, and how clearly abandoned and refiled from, by their complying brethren now at ease, I shall give a short transumpt and compend of their reasonings, in a method subservient to my scope, and with additions necessary for applying their arguments against the other exactions here adduced in this head, and bringing them also under the dint of them, though not touched by them expressly. I must put altogether, because it would dilate the treatise, already excresced, into a bigness, far beyond the boundaries I designed for it, to handle them distinctly; and their affinity, both as to their fountain, nature, and ends, is such, that what will condemn one of them will condemn all. What and how many and manifold have been the exorbitant exactions, as the fruits and foments of this cruel tyranny, that the godly in our land have been groaning under these twenty seven years, and upon what occasions they have been, at diverse times, and in diverse manners and measures imposed, I need not here relate, the first part of the treatise doth represent it. The first of these tyrannical exactions, were the fines for not hearing the curates, and other parts of non-conformity; which, together with paying the curates stipends, were too universally at first complied with; but afterwards upon more mature consideration, and after clearer discoveries of the imposers projects and practices, they were scrupled and refused by the more tender. And their sufferings, upon the account of that recusancy, have been very great and grievous, to the utter impoverishment and depopulation of many families, besides the personal sufferings of many in long imprisonments, which some choose rather to sustain with patience, than pay the least of those exactions. Yea, some when ordered to be legally liberate, and set forth out of prison, choosed rather to be detained still in bondage, than to pay the jaylor's fees, their keepers demanded of them. Many other wicked impositions have been pressed and prosecuted with great rigour and rage, as militia money, and locality, for furnishing soldiers, listed under a banner displayed against religion and liberty, with necessary provision, in and for their wicked service; which of late years have been contended against by the sufferings of many, and daily growing a trial to more. But the most impudently insolent of all these impositions, and that which plainly paraphrases, openly expresses and explains all the rest, calculate for the same ends, was by that wicked act of convention, enacted in the 1678, declaring very plainly its ends, to levy and maintain forces for suppressing meetings, and to shew unanimous affection for maintaining the king's supremacy established by law. Or as they represent it in their act, for continuation of it, Act 3. Parl. 3. Char. II. August 20, 1681. 'Seeing the convention of estates held at Edinburgh in the month of July, 1678, upon weighty considerations therein specified, and particularly the great danger the kingdom was under, by seditious and rebellious conventicles, and the necessity which then appeared, to increase the forces, for securing the government, and suppressing these rebellious commotions, which were fomented by seditious principles and practices, did therefore humbly and dutifully offer a chearful and unanimous supply of 800,000 pound Scots,--in the space of five years,--And the estates of parliament now conveened, having taken to consideration, how the dangers from the foresaid causes do much encrease, in so far as such as are seditiously and rebelliously inclined, do still propagate their pernicious principles, and go on from one degree of rebellion to another, till now at last the horrid villanies of murder, assassination, and avowed rebellion, are owned, not only as things lawful, but as obligations from their religion,--do therefore, in a due sense of their duty to God, to their sacred sovereign, and the preservation of themselves, and their posterity, of new make an humble, unanimous, chearful, and hearty offer, for themselves, and in name of, and as representing this his majesty's ancient kingdom, of a continuation of the foresaid supply, granted by the convention or estates; and that for the space of five years, or ten terms successive, beginning the first terms payment at Martinmass, 1684, which yet is to be continued until Martinmass, 1688.' Here is a sample of their wicked demands, shewing the nature, quality, and tendency of all of them; wherein we may note, 1. That they continue it upon the same considerations, upon which it was first granted. 2. That these were, and yet remain to be, the danger of the meetings of the Lord's people for gospel ordinances, by them forced into the fields, which they call rebellious conventicles; and the necessity of securing their usurpation upon the prerogatives of Christ, liberties of his church and privileges of mankind, (which they call their government) and suppressing the testimonies for the interest of Christ (called by them rebellious commotions.) 3. That their motive of continuing it, was their considerations of some weak remainders of former zeal for God, in prosecuting the testimony for the interests of Christ, and principles of the covenanted reformation, (which they call propagating pernicions principles) and some weak attempts to oppose and resist their rebellion against God, and vindicate the work, and defend the people of God, from the destruction they intended against them, and their lawful and obliged endeavours to bring these destroyers and murderers to condign punishment (which they, call horrid villanies of murder, assassinations, and avowed rebellion.)
Here all the active appearances of the Lord's people, vindicated in the foregoing Heads, are industriously represented, under these odious and invidious names, as motives to contribute this supply of means to suppress them, and to involve all the contributers in the guilt of condemning them. 5. That as a tell their allegiance unto, and confederacy with that execrable tyrant (which they call their duty to their sacred sovereign) they enact this as representatives of the kingdom, and must be owned as such by all the payers 5. That it is the same cess that was granted by the convention of estates, and the term of its continuation is not yet expired. And hence it is manifest, that that act of convention, though its first date be expired, and thereupon many plead for the lawfulness of paying it now, that formerly scrupled at and witnessed against it, yet is only renewed, revived and corroborated, and the exaction continued upon no other basis or bottom but the first state constitution; which was, and remains to be a consummating and crimson wickedness, the cry whereof reaches heaven, since upon the matter, it was the setting of a day betwixt and which (exceeding the Gadarenes wickedness, and short of their civility) they did not beseech Christ, and his gospel to be gone out of Scotland, but with armed violence declared, they would with the strong hand drive him out of his possession; in order to which their legions are levied, with a professed declaration, that having exauctorate the Lord's anointed by law, and cloathed the usurper with the spoils of his honour, they will by force maintain what they have done; and having taken to themselves the house of God in possession, they will sacrifice the lives, liberties, and fortunes of all in the nation, to secure themselves in the peaceable possession of what they have robbed God; and that there shall not be a soul left in the nation, who shall not be slain, shut up, or sold as slaves, who will own Christ and his interest. All which they could not, nor cannot accomplish, without the subsidiary contribution of the people's help. This is the plain sense of the act for the cess; and, though not expressed, the tacit and uniform intention of all the rest; yet, for as monstrous and manifest the wickedness of these designs are, so judicially were the bulk of our seers plagued with blindness, that many of them were left to plead for the payment of these impositions; others, though they durst not for a world do it themselves, to be silent, and by their silence to encourage and embolden many to such a compliance; presuming with themselves, and without further enquiry, that the zeal of God, and love to his glory, and the souls of their brethren, would constrain them to speak in so clamant a case, if they did observe any sin in it. Whereby the universality was involved in the guilt of these things, especially deceived by the patrociny and pleadings of such of late, who formerly witnessed against it. O that it might be given to us to remember Lot's wife turned into a pillar of salt, to season us, lest the stink of our destruction, and what may follow upon it, be all that the posterity get for a warning not to tread our paths. As for the few that have suffered upon this head, they have been so discruciated with perplexities, in their conflicts with the rage of enemies, and reproach of friends, and fear of these snares attending every lot of occupation they could put themselves in, that they have been made to desire death, as their best refuge, and only retreat wherein they may find rest from all these rackings; for, in no place could they escape the reach of some of these impositions, nor the noise of their clamorous contendings of arguments that pleaded for it. But some have had more love to Christ and his interests, than language to plead for him, and more resolution to suffer, than learning to dispute for his cause; and where pure zeal for Christ, and love to his bleeding interests; in a time when he is crucified afresh, and put to open shame, and the concurrence of all is required to help forward the war against him, is in integrity and vigour, it will burn with its flame those knots that it cannot in haste loose; and chuse rather to ly under the imputation of being zealous without knowledge, than life of let go such an opportunity of witnessing a good confession; yea, when it could do more, expire with an Ichabod in its mouth.
But shortly to come to the point, I shall, 1. Permit some concessions. 2. Propose some parallel questions. 3. Offer some reasons to clear it.
1. I shall willingly grant in the general, concerning paying of exactions, impositions, or emoluments.
1. They are to be paid to these to whom they are due; as tribute and custom is to be paid to the powers ordained of God, and for this cause they that are God's ministers, attending continually upon this very thing, Rom. xiii. 6, 7. So stipends and all outward encouragements are due to ministers of the gospel, who sow spiritual things, and should reap these carnal things, 1 Cor. ix. 11, 12. Fines also, and all legal amercements for delinquencies against such laws must be paid, Deut. xxii. 19. And whatsoever is due by law to officers, appointed by law, for keeping delinquents in custody, as all debts whatsoever. But tyrants exactions, enacted and exacted for promoving their wicked designs against religion and liberty, hirelings salaries, for encouraging them in their intrusions upon the church of God; arbitrary impositions of pecuniary punishments for clear duties; and extorted hirings, of the subordinate instruments of persecution, oppressions, are no ways due, and cannot be debt, and therefore no equity to pay them.
2. It is lawful to pay them, when due and debt, either by law or contract, even though they should be afterward abused and misimproven to pernicious ends. But these payments for such wicked ends, either particularly specified and expressed in the very act appointing them, or openly avouched by the exactors, are of another nature than impositions fundamentally appointed for the public good; and the after misapplication thereof, made by such as are entrusted therewith, is no more imputable unto the land or payers, than is the theft of a collector stealing or running away with the same, without making count or reckoning to superiors. It is then a foolish thing to say, that former impositions were peaceably paid, though we saw and were convinced that their use was perverted, and they were used against the good of the land and God's people: for no such thing was laid down as the ground, or declared as the end of these exactions; but what fell out was by the personal abuse and perversion of those in power: which was their own personal fault, and posterior to the legal engagement and submission to the payment thereof by the land in their representatives.
3. It is lawful to pay them sometimes, even when fundamentally and originally from the first constitution of them they were not due, but illegally or usurpatively challenged and exacted, if afterwards they were by sedition or voluntary engagement, legally submitted unto by the true representatives. But not so, when they were never either lawfully enacted, or legally exacted, or voluntarily engaged by the representatives, except such as represented the enslavement of the nation, and betrayed the country, religion, liberty, property, and all precious interests, and declaredly imposed to further the destruction of all. Nor can any with reason say, that this case is but like the case of the people of Israel under the feet of enemies, paying to them of the fruits of their ground, as was regretted and lamented by Nehemia, chap. ix. 36, 37. for so they must say, the exactions now in debate are their redemption-money, and by these they purchase their liberty of life and lands, and own themselves to be a people under conquest. And yet they cannot deny, but they are both exacted and paid as tests of their allegiance as subjects, and badges of their loyalty and obedience. But this is answered before, Head 2. Conces. 7. Sect. 2. If any should object the practice of Christ, though otherwise free, yet paying custom, lest he should offend: it is fully solved ibid. Head 2. Conces. 9. Here it is sufficient to hint (1.) That which made them to marvel at his wise answer was, that he left the title unstated, and the claim unresolved, whether it belonged to Cesar or not, and taught them in the general to give nothing to Cesar with prejudice to what was God's; which condemns all the payments we speak of, which are all for carrying on the war against God. (2.) Cesar was no tyrant nor usurper at this time; because they had legally submitted themselves unto several Cesars successively before. (3.) It was, lest he should offend: but here it will be evident, that the offence and scandal lieth on the other hand, of paying the exaction: and it is against all religion to say, that both the doing and refusing to do the same act, can give offence. But (4.) make the case like our's, and I doubt not to call it blasphemy to say, that Christ would have paid, or permitted to pay a taxation professedly imposed for levying a war against him, or banishing him and his disciples out of the land; or to fill the mouth of the greedy Pharisees, devouring widows houses, for their pretence of long prayers; or that he would have paid, or suffered to pay their extortions, if any had been exacted of him, or his disciples, for his preaching, or working miracles; or if help or hire had been demanded, for encouraging those that rose to stone him for his good deeds.
4. It is lawful to pay a part to preserve the whole, when it is extorted by force and threatenings, and not exacted by law; when it is a yielding only to a lesser suffering, and not a consenting to a sin to shift suffering. The objection of a man being seized by a robber, transacting with him to give him the one half or more to save the rest and his life, commonly made use of to justify the paying of these impositions, while under the power and at the reverence of such public robbers, cannot satisfy in this case. It is thus far satisfying, that there is a manifest concession in it, that instead of righteous rulers, we are under the power, and fallen into the hand of robbers, from whom we are not able to rise up. But there is no paritie. For to bring it home without halting, and make it speak sense, we must suppose that the robber not only requires a part for himself, and a part for his underling shavers, horse-rubbers, &c. but a part upon this declared account, that he may by that supply be enabled and furnished with all things necessary, for murdering my father, mother, wife, children, kinsmen, and friends, (all whom he hath now in his power) yea, and for doing that besides, which is worse than all these put together: Whether then shall I, by giving the robber that part which he seeks, enable him to do all these mischiefs? Or by refusing, expose myself to the hazard of being robbed or slain? Let the conscience of any man answer this (for nothing can be here alledged against the paritie as now propounded) and then I fear not but the objection shall be found a blaze of empty words, blown away by any breath. But alas! will this tattle of a robber be found relevant in that day, when the public robbers shall be proceeded against by the just Judge? Let them who think so, think also, they see the court fenced, and the judge set, and hear these words sounding in their ears, "ye are cursed with a curse, for ye have robbed me, even this whole nation;" and then they are like to lay as little weight on the objection, for fear of falling under the weight of the curse, as I do.
5. It is lawful passively by forcible constraint to submit to the execution of such wicked sentences, as impose these burdens, if it be not by way of obedience to them: this is suffering and not sinning. Hence it is easy to refel that objection; if it be lawful (which hitherto was never questioned) for a man, who is sentenced to die, to go to the place of execution, then a man, being under the moral force of a law, which is equivalent, may pay cesses, localities, fines, &c. Ans. 1. Might it not be doubted, whether a man's going upon his feet to be execute, had as manifest, and from the nature of the thing, a tendency, yea and proper casuality to advance the design of the enemy, and his refusing to go, had as clear a testimony against the clamant wickedness of their course, as his refusing to pay their impositions. Whether, I say, in this case, a man might not, yea, ought not to refuse to go to the place of execution. But 2. Whosoever would conclude any thing from it, to give it either life or legs, must make it run thus: let the order run in this form (else there is no parallel, and so no inference) we appoint all the opposers of our course (that is all the lovers of our Lord Jesus) whom we have for their rebellious rendezvouzing at conventicles sentenced as enemies and traitors to die, to come and be hanged by virtue of our sentence: otherwise besides the moral force of the law, adjudging them to die, we shall use force, and drag them like dogs to the place of execution; and in putting us to this trouble, they shall fall under the reproach, that being sentenced to die, they scrupled forsooth, yea refused to go on their own legs to the gibbet. Let this, I say, be made the case, which to me is the exact parallel, and there every child will know what to answer, or to hiss the objection as pure ridicule. 3. I suppose the objection speaks of a righteous and innocent person, who for righteousness it brought, as a sheep to the slaughter (for a malefactor, who hath lost all right to his life, is not to be understood) then to make the case parallel, it must be taken for granted, (1.) There is a public law with the penalty of death, statute for the violation thereof. (2.) That the person to be executed, hath not only transgressed that law, but his disobedience to the law is notour. (3.) That he is processed and convict of the transgression thereof: Whereupon follows. (4.) The sentence, and then the execution. Now the law being wicked, and the man from the fear of God, being constrained to disobey the law, he can in nothing be justly construed active, but in that disobedience or renitence: but in the whole of what befals him for this, he being a captive prisoner, is to be looked upon as passive. Yea the very act of going to the place of execution in the present case, howbeit, as to its physical entity, it is of the same kind, with the executioner's motion that goes along with him, yet in its moral and religious being, whence it hath its specification, it is wholly the suffering of a captive. Well then, ere any thing can be pleaded from the pretended parity; seeing there are laws, made for paying such exactions, cesses, salaries, and fines, for the declared ends of ruining the people and interests of Christ; it is necessary, in order to a just parallel, that the law must be first disobeyed. (2.) The disobedience must be notour. (3.) The delinquent must be processed and pursued, as guilty of the transgression, and convicted thereof, whereupon sentence passeth against him for the breach of the law. Here I grant all with advantage to the cause: as in the first case, so in this, he who is judged guilty of the breach of this wicked law, and who is sentenced for that violation, ought to suffer patiently the spoiling of his goods, and not to decline suffering, if it were unto blood, striving against this sin.
6. It is lawful of two evils of sufferings to chuse the least; where both come in the election, as in the cases forementioned, and in a man throwing of his goods overboard in a storm; these and the like are deeds in the present exigent voluntary and rational, being upon deliberation and choice, where the least evil is chosen under the notion of good, yea of the best that can be in the present case, and accordingly the will is determined, and meets and closes with its proper object; or one of them only be proposed to be submitted to, but another lesser evil of suffering is in a man's power to chuse and propose, for purchasing his immunity from a greater; which is not imposed nor exacted of him, either by a wicked law, or for wicked ends declared, but voluntarily offered; as in the case of parting with some money to a robber or murderer to save the life, when he is seeking only the life; as the ten men that were going to the house of the Lord said unto Ishmael, "Slay us not for we have treasures in the field," for which he "forbare and slew them not," Jer. xli. 8. In this a man does nothing, which under such circumstances is not only lawful (one of the main ends for which goods are given to him, to wit the preservation of his life, being thereby attained) but it were a grievous sin, and would conclude him guilty of self murder, not to make use of such a mean for preservation of his life, which God hath put in his power, and is in the case called for by his precept. But however force may warrant one to do that, which may be done for shunning a greater evil of loss; yet it is never sufficient to make one to do that which is a greater evil, than all the evil that can be said to be shunned: For the evil shunned is suffering, but the evil done to shun this, is real and active concurrence, in manner, measure, and method, enjoined by law, in strengthening the hands of those who have displayed a banner against all the lovers of our Lord Jesus Christ; a manifest chusing of sin to shun suffering, and a saving of life with the prejudice of that in the preservation whereof he should be ready to lay down all, and be at a point to endure the worst this wicked world can make him suffer, ere he be found guilty in the matter of a compliance of that nature. And though the rod of the wicked should seem to rest on his lot, for his refusal, and he be the object of their rage and revenge, for holding his integrity; yet he shall be honoured as a faithful witness, helped to endure as seeing him who is invisible, and amidst all his sufferings and sorrows, made to rejoice in the hope, that when God shall lead forth these workers of iniquity, he shall not be found amongst the company of these who have turned aside with them into their crooked courses, and for that shall be overturned and crushed with them, under the curse that is hovering over their heads. It is true a man should not cast himself and his family (which if he provide not for, he is worse than an infidel) upon sufferings, either needlessly or doubtfully, when he is not persuaded it is truth and duty he suffers for, and of value sufficient to countervail the loss he may sustain for it. But on the other hand, in the present and all like cases it is highly of the concernment of all men to be careful and circumspectly cautious, when the case comes to be stated upon suffering or not suffering, in examining well whether the course whereby a man shuns suffering be of God, and not to take plausibilities for demonstrations: seeing the flesh is not only ready to inculcate that doctrine, 'spare thy self,' but is both witty of invention to plead for what will afford ease, and as unwilling to listen to what would, if attended unto, expose us to the malice and rage of rigorous enemies: It being always more becoming the professors of the gospel, and the followers of our Lord Jesus, who must walk to heaven bearing his cross; to abstain at all hazards when the case is doubtful, than to rush forward upon an uncertainty, when it is not evident they have God's approbation for what they do. Yea suppose a person erred to his own hurt in the first case, through weakness, yet it will argue much more sincerity and uprightness towards God, and is done with less danger than in the other. And as many as walk according to this rule, are like to have the peace of the Israel of God, to compense whatever of trouble or loss they may meet with in the world, when others shall not have this bird of Paradise to sing in their bosom.
II. But shunning prolixity; to come nearer the point, because perhaps some may alledge such cases are not determined in the scriptures, nor can any case be found parallel to these under consideration, from which we may gather the determination thereof; which I think hard indeed to find, because in the wickedness of former ages such monstrous exactions had never a precedent, for such declared ends, so declaredly impudent. I shall make some suppositions, and propose some questions, all of a piece, and some way parallel to this under debate, and leave any conscience touched with the fear of God to answer.
1. Suppose, when our Lord Jesus and his disciples were tossed upon the waves by the storm at sea, and he was sleeping, that then Herod or Pilate, or the chief rulers, had sent peremptory orders to all men, to supply and furnish with such things as he had, the men they employed, to capacitate them once for all and forever to sink that floating bottom out of sight; and that somewhat should be given to the soldiers engaged in that enterprize, somewhat to the Pharisees for persuading them to it, and fines to be exacted from the recusants, and rewards to be given to such as should keep them in custody that should fall in their hands, either of them that refused to pay the moiety prescribed, or of such of them as should escape drowning. In this case would, or durst any of the lovers of Jesus comply with any of these demands? and not rather chuse to perish with him, or in opposition to such wicked attempts? Now, hath not the Lord Jesus, and all the interest he hath in the nation, been embarked as it were in one bottom, and floating like a wreck in the sea? And have not these called rulers in this land, in their rage against the Lord's anointed, and the handful who adhere to him, sent their peremptory orders to pay a cess for sinking his floating interests; and to pay the curates for persuading to it; and fines for not concurring in it; and rewards to jailors and others appointed to repress the recusants? Who durst concur then in this compliance, who had love to Christ in exercise, and who had his friends in the same bottom embarked? And besides, seeing the great God had the man of whom this is required, bound with his own consent, under a sacred and solemn oath, and under the penalty of never seeing his face, if he do not venture life and fortune to preserve that precious interest, and all who are embarked with it from perishing. Shall he, notwithstanding of this, give what these enemies to Christ, call for as his concurrence, to enable them to execute their wicked contrivance? Does any man think or dream, that the pitiful plea, of what they call a moral force, will clear and acquit him before God from the guilt of a concurrence in this conspiracy, while in the mean time he furnished whatsoever these enemies demanded of him, with this express declaration, that it was for this cause exacted, and for this end imposed? Or can he think to be saved, when they shall be sentenced, who with so much deliberation and despite have done this thing? O let us consider the after reckoning! And let us not with pretences distinguish ourselves into a defection, or distract ourselves into the oblivion of this, that God is righteous to whom the reckoning must be made.
2. Let it be supposed, under Saul's tyranny, when the Ziphims informed him of David's hiding himself with them, or when Doeg informed him of Ahimelech's resetting him, that an order had been given forth to all Israel, with this narrative: Whereas that rebel David had now openly despised authority, had been entertained by the priest, received Goliath's sword from him, and gathered a company of armed men together, therefore to the end he and his accomplices may be brought to justice, We ordain all from Dan to Beersheba, to concur either personally in this expedition against him, or to pay cess to our standing forces to maintain them in this expedition, or so much to gratify the Ziphims for their kindness, or to furnish Doeg with a sword to murder the priests of the Lord. Would any that favoured David's righteous cause, have dared to do any of these? Would these that durst not concur themselves, contribute any encouragement to the concurrers? Would Saul's servants that would not fall upon the priests of the Lord themselves, have given Doeg one of their swords to do it, or money to buy one, if it had been demanded? To the same purpose, suppose a party comes to a dissenter, with an express order, and this narrative, Whereas there is such a minister met with some people, at an execrable conventicle, as they call it, (but in itself the pure worship of God) therefore to the end the minister may be taken and murdered, and the servants of the Lord for the countenance they gave him may be brought to the same punishment, they ordain him, for the accomplishing of their design, to furnish that party with all necessities, or to pay such a sum of money for not concurring with them: now, should he in this case not only forbear to lay down his life for his brethren, and forbear to deliver them, that are thus drawn unto death on such an account, (into which forbearance the great God will make so accurate an inquiry, Prov. xxiv. 11, 12. as may make us tremble, whether we look backward or forward) but also furnish according to the tenor of this order, that party of the dragon's legions, in their war against the prince Michael and his angels, with supplies, and think to put off the matter and plead innocent with this, that he was under the moral force of the law, accompanied with such military force, as if he had refused, they would have taken away all he had, &c. For this plea, in its full strength, is to do evil, that some good may come of it, (no true good) which brings damnation, Rom. iii. 8. or to choose sin rather than affliction.
3. What if Manasseh, or other idolatrous princes, that sacrificed to devils, and made children pass through the fire to Molech, had enacted a cess, or under severe impositions of fines had commanded all to concur to a solemn sacrifice of that nature, charging every man against a certain day, to bring in his proportion, in order to celebrate the sacrifice with all its statute solemnities; or should have taken a child from every father, and then made a law, that each of these should contribute such a sum, for furnishing with all necessaries, and maintaining these murderers, whom they had conduced to shed the blood of their innocent children, or sacrifice them to Molech: could it be expected that any of the godly would have paid such exactions, and then have wiped his mouth with the notion of a moral force? This comes home enough to our case; for no sacrifice they can offer to the devil, can be more real or so acceptable, as what they declare they intend to do; being so direct, not only in opposition to the coming of the kingdom of Christ, but the deletion of his precious interests, and extirpation of his faithful remnant, and the giving Satan such an absolute dominion in the nation, as that they who have made the decree, and all who put it in execution, practically declare thereby they have emancipate themselves to his slavery, and sold themselves to work wickedness in the sight of the Lord: so likewise, that all the rest of the nation, may with themselves become his vassals, and in evidence of their opposition to Christ, and in recognition of Satan's sovereignty, and their subjection, they are appointed to pay these back-meals.
4. Let it be supposed, that after Nebuchadnezzar had made the decree, for all to fall down and worship his image, and the three children were apprehended for refusing it, he had made another, that all the Jews especially should contribute, every one a faggot, or money to buy it, to heat the furnace, or a rope to lead them to it; can any man suppose, that Daniel, or the rest of the faithful, would have paid it? Even so, let it be supposed, that any one of these faithful ambassadors of Christ, or all these zealous workers together with God, who have laboured among the people in the preached gospel, should fall into the hands of these hunters, and then they should make a law, and appoint every man in the nation to send but one thread, to make a tow, to hang that minister, or to hang the whole company of Christ's ambassadors, and a farthing to pay the executioner: can any man, without horror, think of complying so far as to contribute what is commanded? Or would not a gracious man, frighted into an abhorrence at the atrociousness of the wickedness, or fired into a flame of zeal for God, say without demur, as not daunted with fear of what flesh could do unto him, I will rather venture my all to keep them alive, or be hanged with them, than by doing what is demanded, be brought forth and classed in the cursed and cruel company of those who shall be dragged before the tribunal of Christ, with their fingers dyed and dropping with the blood of those who are peculiarly dear to him? I know it will be said, that in all these cases it would be a clear case of confession. Well, that's all I would have granted: for that which doth overbalance to a testimony, in all the cases mentioned, is so far from being wanting in the cases now under consideration, that they have all to enforce the duty, that all of them put together do include; as will be clear to any who consider, 1. The preciousness of the things and interests to be destroyed. 2. The concurrence called for from every one, that this desperate design may be accomplished. 3. The great, manifold and indispensable obligations all are under, not only to abstain from the required concurrence, but to preserve also and maintain these things in opposition to all whom Satan sets on work to serve him in this expedition against the Son of God, and to do it, or endeavour it with the loss of life, and all things dearest to men, to the end, that these things which are Satan's eye sore, as only obstructive of his kingdom, may be preserved among the poor remnant, and propagate in their power and purity to the posterity. Happy he, who shall be found so doing now, when the dragon and his angels are drawn into the fields, and have proclaimed the war, and published to the world the causes thereof; so that now this general having laid aside all his old disguises, doth in his true shape march upon the head of his black legions, who wear his badge and colours, and fight under his banner and standard.
III. In the last place, with all possible brevity, I shall offer some reasons against compliance with these exactions in cumulo.
1. To pay these impositions, upon such declared accounts, for such declared causes, and for such declared ends, would condemn the contendings and sufferings of many eminently godly, especially in our day, who have refused them. Of these questions and sufferings thereupon, among the godly in former times, we cannot instruct much for such insolent impositions, as to all the dimensions of their heinousness, were never heard before. But we want not examples of the saints refusing to give their money and other such things to wicked men, either to comply with their wicked demands, obey their wicked laws, encourage their wicked courses, or further their wicked designs. In scrpture we find Paul would not give Felix money that he might be loosed, though he sent for him often for that end, Acts xxiv. 26.
Mr. Durham in his exposition of the revelation, chap. vi. ver. 9. Lect. 6. gives an account, 'That when in the persecution of Dioclesian, the persecutors sought but the bibles, poor coats, money, or cups (wherewith they served) to be given them, as some evidence of their ceding: but they refused to accept deliverance upon these terms; yea, when the soldiers, partly wearying to be so bloody, partly desirous of seeming victory over Christians, did profess themselves content to take any old paper or clout in place of the bible, they refused to give any Ecvola, or cast-away clout; yea, when soldiers would violently pluck such things from them against their wills, they would follow them, professing their adherence unto the truth, and that they had not any way willingly delivered these things, as is to be seen in Baronius, An. 302, p. 748. it is reported of one Marcus Arethusius, who was put to torment under Julian, because he would not build the idol temple which he had formerly demolished, when they were content to accept some part of the expences from him, and to spare his life, he refused to give obolum, or one half penny, Sozom. lib. 5. 9. Cent. Mag. Cent. 4. p. 797 and 833. By which and many other instances we may see, how resolutely the primitive saints held fast their testimonies: from which especially they were called martyrs or witnesses; and by which often, not only many weak ones were strengthened, but also many persecutors convinced, and made to cry out, Certainly great is the God of the Christians; while as they saw, that no allurements on the one side, nor terrors on the other, could make them loose their grips, but still truth and Christ were borne witness unto, and well spoken of by them. It will not be unnecessary here to consider some of Mr. Durham's observations on the fourth lecture; for clearing whereof he adduced these matters of fact, such as Obs. 7. That the giving of a testimony by outward confession of the truth, when called for, is necessary and commendable, as well as soundness of faith; yea, it is oftentimes the outward testifying of the truth before men, more than the faith of it before God, that bringeth on suffering: and there was nothing more abhorred in the primitive Christians than dissembling of a testimony, to evite suffering, as appeareth in Augustine's writings concerning a lie, and against a lie, and the writings of others to that purpose. Obs. 8. That every truth of the word may be a ground of suffering warrantably: for the least thing that hath a truth in it, as well as the more concerning fundamental truths, is the word of God, and so cannot be dispensed with by his people. Obs. 9. Every truth in the word hath an outward testimony joined to it, and sometimes may be called for upon very great hazards. Obs. 10. When it is called for, this testimony or confession to any truth before men, is no less necessary, and ought as peremptorily to be held and stuck to as the former; therefore it is called (Rom. x.) Confession unto salvation, and called for by a peremptory certification, Matth. x. 32, 33. Obs. 11. That these who are found in the faith of the word, will be also exceeding tenacious of their testimony; in scripture, and in primitive times, we will find the saints sticking at, and hazarding themselves on things which appear of very small moment, yet were to them of great concernment, because of the testimony, which was involved in them, which they would not let go. Such was Mordecai, Esther iii. Daniel vi. his not shutting of his windows. Yea further, in his lately printed sermons on Matth. xvi. 24. Serm. 7. p. 155. the same author saith; there is not in some respect a more and a less in the matter of duty, and in the matter of truth, or in respect of suffering. And a little after, Sect. 5. he says, we would not limit sufferings for Christ to things simply lawful or unlawful; for it may be sometimes for things indifferent in their own nature, which yet being so and so circumstantiated to us, may draw on suffering; a thing may be indifferent and lawful to some, which to others, stated under such and such circumstances may be counted a receding from some part of a just testimony; even though the matter be not such in itself, and in its own nature, yet it may be so circumstantiate to some persons, as it may be liable to that construction, if they shall recede from or forbear it; as in the example of Daniel, who suffered for opening his windows, which was a thing indifferent in itself, and not essential to his worshipping of God; but--he finds himself bound in conscience, and that on very just ground, to do as he was wont to do before, and that on the manifest hazard of his life, lest his malicious enemies should have it to say, that he receded from his duty, and that he thought more shame now, or was more afraid now, than before, to worship the true God.'
How worthy Mr. Knox argueth for withholding emoluments from the false bishops and clergy, may be seen before, Part 1. Per. 3.
The general assembly, in their declaration, dated July ult. 1648. concerning the then unlawful engagement in a war against England, plainly and positively dehorteth all members of the kirk of Scotland from contributing any assistance thereunto, expressed as followeth, 'That they do not concur in, nor any way assist this present engagement, as they would not partake in other men's sins, and so receive of their plagues; but that by the grace and assistance of Christ, they stedfastly resolve to suffer the rod of the wicked, and the utmost which wicked men's malice can afflict them with, rather than to put forth their hands to iniquity.' In which declaration may be seen at large that candour, faithfulness and freedom which becometh the ministers of the gospel, and dignity of watchmen, in their seasonable warning and dissuading all from assisting any way to that unlawful engagement, perceiving the sin and snare thereof, so obviously tending to the involving the land in guilt, and exposing to wrath; yea, and that notwithstanding of the fair and plausible pretexts of the engagers and joiners therein, who pretended and professed their undertaking to be for the furthering reformation, establishing and securing the covenanted religion from the plottings and endeavours of the popish, prelatic, and malignant enemies thereof, and prosecuting the ends of the covenants; pretences which no doubt our silent and time-serving ministers (if they had any such now to plead) would strenuously improve, in vindication of their prudent silence, sinful and shameful compliances. Alas, how sad and lamentable is the condition of the church and nation now! that even when the case is so far altered, that not only all such pretences are laid aside, reformation deserted and disdained, the established religion razed and ruined, the covenant broken and burned, and the owning the obligation thereof declared treason, but also an absolute power pleaded and exercised, to the suspending, stopping and disabling all penal laws against popery and prelacy, a gap opened by an antichristian toleration to the letting in all the heresies, idolatries and blasphemies of the mother of harlots, and the land openly defiled therewith, unjust and wicked taxations arbitrarily imposed and levied, for the most dreadful, sacrilegious and hellish ends that ever was published to the world, far exceeding in wickedness these testified against by the assembly 1648, or any formerly. While the watchmen have so far abandoned their duty of setting the trumpet to their mouth, and giving due warning of the sin and danger of those dreadful and judgment procuring courses, that they are caught in the snare, and found complimenting and encouraging the principal instruments of all these evils, by their scandalous flattering addresses.
How faithful and tender some have been even in our day, their sufferings and losses in a measure above others makes manifest, amongst whom the worthy laird of Kersland is not to be forgotten, whose estate, heritable and moveable, was declared forfeited and seized, for his appearing in arms to join with that faithful party, who by horrid oppression, were forced to betake themselves to defensive resistance in the year 1666; who, considering the equity of the cause he appeared for, the indispensibleness of the obligations binding him to that duty, and how much a good conscience is to be preferred to an estate, durst not part with the sweet comforts of the one for the uncertain profits of the other: and as he was earnest with God by frequent and fervent prayer, for light and stedfastness in the matters of his suffering and testimony, so it pleased the Lord so to determine his heart therein, as that all the endeavours and persuasions used both by friends and foes, to move him to a composition with the enemies for his estate, proved unsuccessful; yea, it is well known how that severals, both of his near relations and others, who used the most forcible and persuasive arguments, as the consideration of the ancient and honourable family he was descended from; the miserable case that he, his lady and children should be in, without his estate; the counsel and judgment of grave and godly ministers; the freedom and practice of other learned and knowing men; together also with the imputation of vain scrupulosity, simple and unwarrantable nicety and preciseness, &c. that yet even some of those who dealt most with him, were, by his defences and reasonings, convinced of the equity of his cause, and brought to commend his upright resolution, and to applaud his tenderness and faithfulness; and in particular his own father, who pleaded much that he would only consent, that he, with others of his friends, might compone in favours of his family, and that he himself should be no ways concerned in it further than to assent that the thing be done; but could not prevail, who afterwards blessed God that he did not; declaring, that he had much more satisfaction and comfort in his son's honesty and stedfastness, than many such estates could ever have afforded him.
I shall here mention some considerations which prevailed with him to decline all composition directly or indirectly with the enemies in that matter. (1.) That he could never attain to freedom to use any such manifest dissimulation, as deliberately to assent to any thing that might import his acknowledging that to be a sin and fault, (yea such a sin and fault as rebellion) which he was convinced in his conscience to be unquestionable duty both before God and man, nor thereby dissembling to insinuate his undoubted right to his estate, to be in the person, or at the disposing of any other. (2.) Considering that there can be no new right procured upon a composition, and granted to any, but such as shall carry in the narrative thereof that he had forfeited that estate by rebellion, with a long preamble, condemning the cause of God, and dutiful endeavours of his people for reformation, and in defence of religion and liberty, all as sedition, rebellion and treason; whereupon he resolved rather to part with his estate, than be any way instrumental and occasional to the indignifying that holy and honourable cause, with such disdainful, reproachful and blaspemous epithets. And albeit such tenderness in principle and practice of this worthy gentleman, and of many others of the faithful sufferers in our day, be censured and condemned by the lukewarm and worldly-wise professors in this age, as an unprecedented novelty, or precise and unwarrantable notion; yet we find it the same with the faithful sufferers in former ages, and exactly agreeing with the doctrine and principles of the most orthodox and famous divines; for the reverend and learned Calvin having the same case of conscience proposed to him by the godly, persecuted in his age, to which his solid and faithful answer is extant in his 375 epistle, Article 3. thus proposed and answered: 'Whether the confiscation of goods can be fought back again from a prince, in the name and behalf of these who are forfeited for religion?' To which he answers, 'That it is certain it cannot be done without sin; for the new right, or the De Novodamus (as we call it) granted by the prince, doth really contain open blasphemies against the glory of God; because therein mention is made of errors, crimes, and divine lese majesty, whereof the condemned are found guilty; which new right must, in law, be exhibited by him who intendeth to use the same; and that as a certain kind of approbation, no ways to be tolerated. Wherefore, I see not that it is lawful for a godly man, rightly instructed in the gospel, to involve himself into such fictions.'
2. From the fountain and conveyance whence they proceed, the iniquity of these payments might be concluded; which is nothing else than the arbitrary power domineering over us, and oppressing and overpressing the kingdoms with intolerable exactions which to pay is all the consent and concurrence required of us to entail slavery on the posterity. I mean, to pay it out of submission only to the moral force of its imposition, which is all the justification required of that absolute tyranny imposing it. For we have the testimony of a king for it, (King James' speech to the parliament, in 1609.) That a king degenerateth into a tyrant, when he leaveth to rule by law, much more when he begins--to set up an arbitrary power, impose unlawful taxes, &c. It can be denied by none, that know either religion or liberty, and are not enemies to both, that these impositions under consideration, upon such accounts, for such ends, are as unlawful taxes, and as illegally and arbitrarily imposed, as ever could demonstrate the most despotical absoluteness, paramount to all law, or precedent, but that of Benhadad, of a very tyrannical strain. Thus saith Benhadad, "thy silver and thy gold is mine--yet I will send my servants, and they shall search thine house, and it shall be that whatsoever is pleasant in thine eyes, they shall put in their hand, and take it away," 1 Kings, xx. 3. 6. which even as Ahab and his elders would not hearken to nor consent. But from an extoic dominator this were not so intolerable, as from such as pretend an hereditary right to govern, who should remove violence and spoil, and take away their exactions from the Lord's people, as the Lord saith, Ezek. xlv. 9. But instead of that, That they may do evil with both hands earnestly, the prince asketh, and the judge asketh for a reward: and the great man uttereth his mischievous desire: so they wrap it up, Mic. vii 3, the easy compliance with which, makes Zion as the grape gleanings of the vintage. If those exactions be wicked, then compliance with them must be iniquity: for it justifies the court that enacts and exacts them, a packed juncto of a prevalent faction, made up of perjured traitors, in a course of enmity against God and the country, who, to prosecute the war against the Almighty, and root out all his people out of the land, condescend upon these cesses, fines, &c. as a fit and adapted medium thereunto. Wherefore, of necessity, all that would not own that conclusion, as their own deed, in these representatives, and own them as their representatives in that deed, must bear witness against the same, by a refusal to own the debt, or pay the same. But I shall conclude this, with observing. (1.) The holy and remarkable righteousness of the Lord, that we, who would not contend earnestly for the liberty of the gospel, who would not acquit ourselves like men, in witnessing our loyalty to Christ, were not fixed in our engagements, nor steadfast in holding the liberties wherewith Christ hath made us free, did not reclaim nor reluctate, when we saw our royal master's prerogative invaded; should be trod upon in all civils, and treated as slaves, even by these, whom we had gratified with a base and sinful forbearance to plead for God, and preserve from their violence these things, these precious and valuable things, which we should have kept more tenderly than the apple of our eye. O the relucency of this righteousness, in making the gods whom we have served smite us, and in making them whose interest we minded, with a misregard and perjury involving neglect of the interest of Christ, thus to destroy our pitiful interests! And thus having taught them to be captains over us, we must now sit in the house of bondage in our land. (2.) Who will not adore and admire the righteousness of the Lord, particularly in leaving some of these to be designedly trod upon, who not only were involved in the common guilt of not withstanding these encroachments, but first went a great way in concurring to the making of these wicked laws; and now have been made to ly under the load, laid upon their loins by the hand of such, to whom they gave the hand in overturning the work of God? Why should not they be spoiled? Why should not the young lions roar upon them, and make their land waste? Why should not men of the same metal and soul with the children of Noph and Tahapenes, break the crown off their head (or feed upon their crown) who have sold, and set the crown of Christ upon another's head, and concurred to crush his faithful remnant? O let us learn to read and revere! Let us not be wheedled with we know not what, out of our good old principles, into the espousing the interest, or embarking into the same bottom with men of such principles and practices. And whoso is wise, and will observe these things, even they shall understand the loving kindness of the Lord. Great loving kindness, that he hath shewed to his poor remnant, in delivering us from deliverances by such deliverers, whereby the work had been more really and more shamefully ruined and the hope of the posterity more certainly razed.
3. From the declared ends of all of them, declared either verbally or virtually, and indisputable and universally known; to wit, that by such exaction, they might be enabled to maintain and prosecute the national rebellion against Christ, and root out his gospel and all the faithful preachers and professors thereof. These designs being notour, and the impositions demanded being the best expedients, and most adapted means to attain them, it cannot but be manifest, that whosoever complies with the means, do co-operate with the ends: which, if any thing, will involve the compliers in the contriver's sin, and make the payers obnoxious to the enacters judgment. If they that take rewards to slay innocents, be liable to a curse, Deut. xxvii. 25. they cannot say Amen to it, who so co-operate to the effectuating the slaughter. If any thing make Zion liable to be plowed as a field, when the heads thereof judge for reward, Mic. iii. 11, 12. it must be, when they demand such rewards, and the demands are complied with. But some may pretend, and under that pretence think to shut the shower of suffering, and command the serenity and sun shine of a good conscience too, and to shelter their soul under that shadow; that these exactions may be necessary for other ends: Can any state be without exactions? Is it not necessary that forces be maintained, and such as are in public office in the kingdom? Wherewithal shall the nation be guarded against foreign invasion? Alas! the pretence is so false and frivolous as he could not escape the censure of foolish, who in answering it appeared serious, save in a just indignation at its empty vanity. What are these forces and public officers for? What are they employed about, but to promote the dragon's designs, and serve his drudgery? Shall these guard the nation, who, together with religion, tread upon the poor remaining shadow of liberty? Do they indeed fear a foreign invasion? No; it doth not hold us here: these called rulers hide not their designs, but hold them to our eye that we may not pretend ignorance. They will do the greatest haste first: Christ and his interest is their great eye-sore. This one Jesus, who calls himself a king, (yea, and he will be so to their cost,) and his subjects as the most dangerous party, are to be discussed in the first place: and thereafter, when they are liberate from that fear of returning to his throne, whom they have exauctorate, (for, if ever he do, they are ruined, make haste, O Lord!) and have eaten the flesh and drunk the blood of his people, then they will be in a better case to defend the land, by shewing the enemy those teeth and tusks wherewith they have killed the people of the Lord. But will men put out their own eyes, that they may be taken with the more tameness to grind in their mill, and make them merry at our madness? Have we lost our senses, that we may with confidence jeopard our souls? Have they not invaded the Mediator's kingdom, and taken to themselves his house in possession? And because reavers may not be ruers, they will destroy all in the land, who seem faithful to Christ, and resolute to follow the captain of the host of Israel. But it is not enough that they menace heaven? Will they mock us into the same rebellion with themselves? He will not be mocked, but turn their jest into earnest. I cannot here shift the transcribing some of the very words of that author, whose reasonings I am but gleaning on this subject. 'Oh Britain! O Scotland! bent into, and bold in backsliding, the wrath of God and thy wo seems to be upon the wing. And alas! I am afraid, that by this crowning and crimson wickedness, the Lord God Almighty is making a way to his anger, and preparing the nation for a sacrifice, to expiate in the sight of the world our perjury, defection and heaven daring provocations. Alas! I am afraid, that the sword of the Lord, which shall avenge the quarrel of his covenant, is near to be drawn,--that the contributers, as well as the stated party of contrivers, decreers and cruel executioners of these decrees, may fall under the blow of the furbished sword of the Lord God: and that the land of such abominations may be swept of its inhabitants with the besom of destruction, and soaked with the blood of those, who instead of contending for Christ, have by this payment associate with his stated, his declared, and implacable enemies, whose rage is come up before him, and will bring him down to take revenge. Alas! my fears, my fears are multiplied upon me, that the war shall not only at last land in Britain: but that he hath been all this while training up a militia abroad, breeding them in blood, and teaching them how to destroy, against the time he gave them order to march, and put the flaming sword in their hand, to be bathed in the blood of backsliding Britain! Oh, if our turning unto him, that he might turn away from the fierceness of his anger, might prevent this woful day! But since, instead of any turning unto him, we surpass the deeds of the heathen, and outdo in wickedness all that went before us, and proceed, with a petulancy reaching heaven, from evil to worse; I am afraid, that all the blood shed since the sword was drawn in the nations about, all the sacked cities, all the burnt crops and villages, all the wasted countries, all the slain of the Lord by sea or land, all the pillagings, rapes, murders, outrages, (which rage itself could hardly outdo,) all the horrid and inhuman cruelties, that hath been committed during this bloody war (wherein the sea hath been dyed, and the land as it were drowned with the blood of the slain) all the truculent and treacherous murders of that monster Alva in the low countries, all the incredible cruelties of the Guises, and the bloodshed in the massacres of France, all the tortures that the people of the Lord have been put to in the vallies of Piedmont, by that little fierce tyger the Duke of Savoy, all the savage and barbarous butcheries of the Irish massacre: shall be forgotten, or seem things not to be mentioned in one day, when what shall be done in Britain comes to be remembered. O Britain, O Britain: of all nations under the cope of heaven, most ripe for the sickle of vengeance! shall this throne of iniquity, which hath framed so many mischiefs into laws, and all that are accomplices in this wicked conspiracy, who now are gathering themselves against the souls of the righteous, and condemning the innocent blood, be able to save its subjects, when he comes to make inquisition for that blood? Or shall the subjects, calling in all from 60 to 16, be able to support the throne? Alas! in vain shall they offer to draw up, and draw the sword and defend, when the Lord God of Hosts draws his sword, to accomplish upon them the vengeance written, and wrapt up in these words. He shall bring upon them their own iniquity, and shall cut them off in their own wickedness, yea the Lord our God shall cut them off. And, if it come to this, then in that day, escape who will, professing gentlemen and others, who, in this, have complied with the rulers, shall not escape: then shall they be paid for this payment. The storm of his displeasure, (even though they get their souls for a prey, yea so much the more as he will not suffer them to perish eternally) shalt be observed to fall particularly upon their houses, interests and estates. Who can think upon the wickedness of Britain, with its just aggravations, and imagine the righteous Lord will not proportion his judgments to the heinousness of our guilt, and his revenge to the rage, whereby he and his Christ hath been, and is opposed, and take other measures?'
4. From the nature of this payment, it is notour they are sinful compliances and transactions with Christ's declared enemies, and do partake of unitive confederacies with them; which are demonstrated to be sinful, Head 3. Arg. 1. in gen. pag. Certainly such bargains cannot be discretive, exacted and complied with by persons no ways incorporate together, being only overcome by mere force: since they are not only demanded and granted acknowledgments of that power that imposes them, as legally lording over them, but obediential submissions to these wicked laws that enact them; which is a formal justifying of these laws: for laws cannot be obeyed, except they be justified, seeing laws unjust and unjustifiable cannot be obeyed. Therefore, seeing the payment of the cess, locality, fines, stipends, fees, &c. is an obediential compliance with the laws that enjoin them, that obedience can no more be justified, than the laws enacting such payments; which none can justify but he that is an enemy to those things for opposing which they are enacted. If then compliances with the wicked impositions and exactions of arbitrary dominators, enemies to the work and people of God, be in scripture condemned, then such payments cannot be justified: but such compliances are condemned, and cannot be approven. This was Issachar's brand, that being a strong ass, he couched between burdens, and bowed his shoulders to bear and become a servant to tribute, Gen. xlix. 14. This was Afa's folly, that he so far complied with Benhadad, as to give money to take his help, 1 Kings xv. 18. Condemned by the prophet Hanani, 2 Chron. xvi. 7, &c. much more if he had given it to help him. It is one of the instances of the evil that Menahem did in the sight of the Lord, 2 Kings xv. 18,--20, that when Pul the king of Assyria came against the land, he gave him a thousand talents of silver, that his hand might be with him, which he enacted of Israel; this was certainly evil in the sight of the Lord; for if the confederacy was evil, then this price to procure it was evil also: and if Menahem's exaction was evil, then Israel's compliance was evil also; for thus Ephraim was oppressed and broken in judgment, because he willingly walked after the commandment, Hos. v. 11. It was also a part and proof of Ahaz's confederacy with Tiglath Pileser King of Assyria, that he sent money to him, 2 Kings xvi. 8. Which to all the fearers of the Lord is condemned and discharged, Isa. viii. 13, 14. Which, if it was evil, then also Hezekiah's compliance with Sennacherib, giving him money, and offering to bear that which was put upon him, 2 Kings xviii. 14, 15. was evil: and also Jehoiakim's taxing the land, to give the money according to the commandment of Pharaoh, 2 Kings xxiii. 35. was sinful to the exacter, and likewise to the compliers. These were all sinful compliances and confederacies with the wicked, making their peace with them to whom they paid them; therefore all peace-making payments, by way of unitive agreement with the wicked must be sinful. And accordingly in the time of Montrose, the general assembly made an act for censuring the compliers with the public enemies of this church and kingdom, June 17. 1646, Sess. 14. See part 1. Per. 5.
5. Where these exactions are extorted only as badges of bondage, without consent unto the law imposing them, it is a case more suitable for lamentation than censure, that she that was princess among the provinces should become tributary, Lam. i. 1. But when they are acknowledgments of the lawgivers, and an exact obedience to the law, and voluntary agreement and bargain with them, strengthening them to the prosecution of their mischiefs, they cannot be free of the imposer's sin. It was the sin of the men of Shechem, and a proof of their heart's inclination to follow Abimelech, that they gave him threescore and ten pieces of silver, enabling him to kill threescore and ten persons, and to hire vain and light persons to follow him, which they paid as an acknowledgment of his usurped power, Judg. ix. 3,----5. for which afterwards fire came out of the house of Abimelech and devoured them. Certainly a voluntary consent unto a mischief is a partaking with the sin of it, a consent unto theft is a partaking with it, Psal. 1. 18. But if there be any consent unto a mischief, it must be when the person agrees it be done against himself, and voluntarily subjects himself to the force of the law imposing it, and not only does not oppose or witness against the doing of it against others, but yields to its reaching himself, and gives what is demanded to strengthen the robbers to exercise robbery over all.
As the payer of the cess, fines and fees, &c. gives all the consent required of him to these mischiefs framed into law, not only to rob himself, but the church and nation of its dearest treasure, the gospel, for the punishment of owning which, and as means to remove it, these payments are exacted. But the plea of the payers is, That they are constrained to it, and they do it against their will. Ans. 1. He who says he understands this, that the payer of these exactions can purge himself of the guilt of them, is like to buy an after-wit at a dear rate. Can it be thought by any man of knowledge and conscience, that so remote a force makes the deed involuntary, whereby the payer is purged from the guilt of accession to the imposers deeds, whom hereby, in this very imposition, he owns as his representatives! 2. The payment cannot be involuntary; for the law enjoining it, being the public and declared will of the nation, requires no other voluntariness but obedience, and judgeth no other thing involuntariness but disobedience. So that the law being satisfied, it absolves the satisfier from all transgression, and looks upon all who yield obedience as equally willing, and equally out of the reach of its appended penalty, in case of disobedience. Neither are we to please ourselves with other fancies and fictitious unwillingness, when real obedience is yielded, whereby the law is satisfied, and the lawmaker capacitated thereby to act all his intended mischiefs. For to be unwilling to part with money in the case, as it is no virtue in itself, so I suppose there are few who will be solicitous to purge themselves of this. And to be unwilling from some strugglings of light and conscience, is such unwillingness as aggravates the guilt of the giver, and makes it more heinous in the sight of God, and hateful in the eyes of all tender men; the law enjoining such payments, takes no notice of such reluctances, only requireth obedience; and when that is yielded, the law is satisfied, as to the voluntariness of the action, and must construe the agent a willing walker after the command, and a voluntary complier with the public will of the nation. 3. It must be simply, really, and truly a voluntary deed, when there is deliberation and election. The law requiring these payments being promulgate, every man must be supposed to put the question to himself, What shall I do in the case? Shall I obey and be free? or disobey and suffer? Here is election and choice upon mature deliberation; and so the deed becomes voluntary. This will be confirmed, if we consider the law of God, Deut. xxii. 25. concerning rapes. Where, to make the unvoluntariness of the betrothed virgin, she must not only be supposed to struggle and resist the attempt made upon her chastity and honour by the villain; but she must cry for assistance in that resistance, without which she was held in law willingly to consent to the committing of that wickedness. And moreover, if we consider the law, ver. 13. it will be manifest, in order to her escaping of death, that when violated, and the villain hath committed this villany, she is to carry as Tamar (when defiled of that beast, though of the blood royal) did, 2 Sam. xiii. 19. that is, to complain and cry, and crave justice against him, and be wanting in nothing, that may bring him to condign punishment. This doth aptly correspond to our case. Scotland is the betrothed virgin: we were espoused to Jesus Christ, and joined to him, by a marriage covenant, never to be forgotten; but, the rulers, and with them the body of the land have treacherously broken it; yet there is a remnant that adhere to him as head and husband, because of which, these called rulers incensed against him, will violently commit a rape upon them, and have them prostitute their bodies, their fortunes, yea their souls and consciences to their lusts, and thus they will needs ravish the queen in the king's presence. And so, while with displayed banner they will drive our covenanted husband out of the nation, and destroy all who will own him as such, they call for our assistance and compliance, to enable them to accomplish this wickedness. Now either must we make all the resistance that is in our power; or the law judgeth us willingly to consent, and because of that we fall into the hands of the righteous Judge, and have neither the evidence of our resisting, nor crying, nor pursuing the wicked for this violent rape, to produce and plead upon, why sentence should not pass, and the law's just severity be executed upon us. What? alas! do they declare they will stone our husband? (Ah! for which of his good deeds is this done) and shall they make a law, whereby we shall be obliged to furnish them with stones to do it? And shall they be obeyed? Is this our struggling? Is this our crying? Is this our endeavour that the wicked may be brought to condign punishment? Oh! let us meditate terror, lest we be brought forth as willing consenters; for whatever vengeance the jealous and just God shall execute upon them, who have committed the rape, shall equally, in its crushing and everlastingly confounding weight, fall upon them who do not by their refusing, and their resisting make their unwillingness manifest; which in the present case is their struggling, their crying, and calling God and man to witness, they are not consenters, but continue constant and loyal in their love to their betrothed husband.
6. A formal consent to the wickedness of these impositions were the less matter, if the payment of them were not also a concurrence to assist them, and a strengthening their hands in it. But this is so manifest, that the paying of the cess, locality, fines, fees, &c. is a concurrence with, and contributing towards the promoving the wicked designs for which they are imposed, that he must have a conscience of brass, and in a great measure feared who will run upon such a formal engagement against the Lord and his anointed King in Zion. If it was Aaron's sin which made the people naked, and which brought so great a sin upon them, to take, and the people's sin and shame to give, that contribution of golden ear-rings for making a calf, Exod. xxii. 3. &c. And if it was Gideon's sin to take and Israel's to give, that contribution of the ear-rings of their prey, to make an ephod, Judg. viii. 25. Then, as it is our oppressors sin to take, so it must be our sin and shame to give, their demanded exaction to help them in erecting such idols of jealousy, as they have set up, and are commanding all to bow to, to provoke the Lord to jealousy, especially when they affrontedly require such contributions to be paid, both as punishments for not assisting, and as means to assist in their establishment. Should we thus help the ungodly, and love them that hate the Lord? 2 Chron. xix. 2. Alas! instead of arguing, it were more fit to fall a weeping, when it is come to be a question amongst us, whether, instead of coming to the help of the Lord against the mighty, we shall really help the mighty against the Lord, and that while they call for our assistance formally upon this declared account. As the very inscription of their acts, does carry it in their front, requiring a supply to his majesty, &c. If this be not a casting in a lot among them, who can tell what it is? Sure it is a preparing a table for that troop, and a furnishing a drink offering unto that number, Isa. lxv. 31. Seeing it is a supplying them with necessaries, to solemnize their idolatrous festivities, who forsake the Lord, and not only forget but lay waste his holy mountain, for which all that have any occasion to it, are threatened to be numbered to the sword. If any thing be a strengthening the hands of evil doers, Jer. xxiii. 14. certainly this is. For as they cannot accomplish their cursed ends without these exactions, so the payment of them is all the present, personal and public concurrence in waging this war with heaven, that is required of the nation, to wit, such a sum to furnish them with all necessaries, and maintain the executioners of their hell-hatched and heaven-daring decrees and orders: and the law requiring no more but contributing what is appointed, looks equally upon the givers, as followers of the command, and active concurrers in complying with its end, and carrying on and promoving its design, and so affoils them from all the statute severities, in case of deficiency.
7. If it were only a concurrence in their wickedness to pay those their exacted supplies, it were more easily comported with: but I fear it shall be found a hire and reward for their wicked service. At first they were only enacted and exacted, as helps to capacitate this popish, prelatical and malignant faction, to prosecute the war they had undertaken and declared against Christ: but now, having thereby been enabled to carry it through this length, that they have almost got all visible appearances for Christ, in owning his gospel, and propagating his testimony, quite suppressed by means of these impositions, and having got the fields cleared or those that formerly opposed their course and career, and all obstacles removed that might stand in the way of the reception they have prepared for their mistress the Babylonish lady, the mother of harlots; they now demand these payments, as their wages and hire for their labour; which to pay now, is more than a justifying, seeing it is a rewarding them for their work. And to pay these pimps, and to purchase their peace thereby, is worse than to bring the hire of a whore into the house of the Lord, (Deut. xxiii. 18.) since it is a hiring them to bring the whore into the house of the Lord. O how hath Scotland played the harlot with many lovers! is this the zeal we should have had to our covenanted husband, and the honour of his house, that we have not only suffered his enemies to come in and take possession of it, but consented to their invasion; and not only consented, but invited them to come in; and not only invited them, but prostitute our estates and consciences also to their arbitrary lusts; and not only played the harlot with them, but hired them also when they had done! and for this the Lord may say to Scotland, as he said to his people of old, 'They give gifts to all whores, but thou givest thy gifts to all thy lovers, and hirest them, that they may come unto thee on every side, for thy whoredom. And the contrary is in thee from other women in thy whoredoms--in that thou givest a reward, and no reward is given unto thee; therefore thou art contrary,' Ezek xvi. 33, 34. There Israel is taxed for hiring the Assyrians: but let it be considered and enquired into in the history, how this was. What evidence can be given of this in their transactions with them? Was it only that they were enticed, or did entice them into a communion with their idolatry, It is true, Ahaz may be an instance of that, in his sending the pattern of the altar he saw at Damascus, 2 Kings xvi. 10. And it cannot be denied, but in several respects they did partake with the Assyrians in their idolatry, which was their adultery. But what could be their hire they gave them for it, if it was not their taxations they paid, and money they sent unto them? as Ahaz did, verse 8. and Hezekiah also, though a good man, 2 Kings xviii. 14, 15. which can no more be justified, than Asa's paying to Benhadad. It was then their confederacies, and the hire of them the Lord calls the hire they gave unto their lovers. With this also Ephraim is charged, that he hired lovers, Hos. viii. 9, 10. of this we have instances, in Menahem's giving to Pul a thousand talents of silver, and exacting it of the people, 2 Kings xv. 19, 20. And in Hoshea's becoming servant to Shalmanesar king of Assyria, and giving him presents, 2 Kings xvii. 3. If then hiring wicked men in confederacies to help the Lord's people, be a hiring of lovers so much condemned in scripture, what must a hiring of them to hurt them, and rewarding them after they have done, and when they formally seek it for such work, be? but a giving the reward, they seek to slay the innocent (Deut. xxvii. 25.) and a voluntary yielding that which they take, (Ezek. xxii. 12.) which if it be sin in the takers, cannot be justified in the givers, but will render both obnoxious to the indignation of a provoked God, in the day when he shall begin to contend for the wrongs he hath got, both by the work and the wages. Now let all the acts for the cess and continuation thereof, and other acts and edicts for fines and forfeitures, be considered in their just import, according to the true meaning of the enacters, and the causes for which they exact them, and will have them complied with; it will be found they were both declared, intended and improved, and accordingly approved by the compliers, not only as helps, but as hires for our oppressors and destroyers, and for such as have been, and are more destructive and explicitly declared enemies to Christ's interests and people in Scotland, than ever the Assyrians were to the church in the old testament. The cess was not only a help, but a hire to the tyrant and his accomplices, for suppressing meetings for gospel ordinances; especially the continuation of it, from time to time, was humbly, unanimously, chearfully and heartily offered, for themselves, and in name of, and as representing this kingdom, as a hire for the doing of it, and an encouragement to suppress what remained of these conventicles. The locality was intended as a help to the soldiers in their quarterings upon this account; but afterwards, being expressly discharged to be furnished, without payment according to the current rates of the country, Act 3. par. 3. X. Charles II. Aug. 20, 1681. The contribution of it for nought must be interpreted for a reward of their service, fines are appointed, not only for a punishment of contraveeners of their wicked laws, but for a hire to their most violent executors. Stipends for a hire to their hireling curates. And fees, as a hire to jailors, to keep the Lord's people in bondage. By which hires these destroyers have been rewarded, by them whom they have destroyed, and for which the righteous Lord will reward both.
8. Let it be considered, how far these submissions are short of, and how clearly these compliances are inconsistent with, that duty which lies upon us with reference to them. Our obligation to God and our brethren doth indispensibly bind us to a contrary carriage. If it bind us in our station and capacity to an active renitency, it doth much more bind us up from such compliances. Neither is it imaginable, how moral force can ever justify our doing that deed, we are obliged, by all imaginable bonds, yea, if in any probable capacity, by the utmost of real force, to counteract. Can we give them that which they require, and by which they are enabled to murder our brethren, when we are so indispensibly obliged to rescue our brethren, Prov. xxiv. 11, 12. to relieve the oppressed, Isa. i. 27, to loose the bonds of wickedness, to undo the heavy burdens, to let the oppressed go free, and to break every yoke, Isa. lviii. 6. What do we owe to these enemies, but seeing they have constitute themselves by these acts implacable enemies to Christ, his people and interest in babite, not only plainly and importunely to pray that he would overturn them, but to oppose their course, to the uttermost of our power, and to concur to wrath that power out of their hands? And since they will needs make the whole nation a curse, they are so far from being to be complied with, that for these exactings and exactions they are to be looked upon, and carried unto, not only as these who have sold themselves to work wickedness, but endeavour also to engage with themselves all in the same guilt, and expose them to the same curse. And therefore, that the anger of the Lord may be turned away from his people, every one in his station is obliged to endeavour to bring these Achans to condign punishment.
9. As it must be taken for granted, that these wicked oppressions by law are perjury avouched in the sight of God; yea in a peculiar manner, our covenanted subjection unto him is turned into an open war against him; so we cannot but believe, that for this height of wickedness, the curse of God (to which in the covenant the nation in case of breach, is liable by their own consent) and the Mediator's malediction shall follow, pursue, overtake, and fall upon the head of these, who have made the decrees, and upon all who concur in the execution, and carry on this course: Oh! it is impossible to keep them company, and not fall with them into the hands of the living God. Well then, seeing every one for whom these exactions are required, is under an anterior obligation to God and the brethren, to preserve these precious interests, which the imposers have been long essaying to root out and ruin, and his people whom they have been destroying, with the loss of all he hath, life not accepted. (For I suppose none, who acknowledged his soul is still under the bond of the covenant and it is likely to cost him his soul who denies it) but he will own this to be duty; nay, none who hath any sense of religion; but abstracting from the subjective obligation of a sworn covenant, he will own an objective obligation from the law of the great superior, that doth immediately bind the conscience to witness against this course, and to lay down, if it should come to that, his life for his brethren. Then for a man to give his goods to destroy these things and persons, which he is obliged to defend and preserve with the loss of all, is so clear a making himself a transgressor, in paying his proportion, and being at the expense of destroying what he built, and building what he destroyed, that it seems inexplicable how he can dream to be innocent; especially when more lies upon it than the souls of the compliers are worth even the interest of Christ in the land. And to close this, I would put home the question, and pose the confidence of any that took that covenant, if in that day the question had been asked at him, whether he would have judged the paying of a cess for the ends narrated, to suppress a testimony for that covenanted reformation, the paying of fines and fees, (for owning it) to the overturners, breakers and burners of it, to be a plain perjury and palpable counteracting of the ends thereof? And let him speak his soul, and it is beyond debate with me, he will not dare to say he took it in a sense which can subsist with these compliances. Nay, I doubt not, if to any morally serious it had been then said, You will pay money, &c. for destroying this covenant and its ends, and deleting the remnant that shall be found to adhere to it he would have given Hazael's answer. It concerns every man, that would be free of the curse of it, to consider how he is brought to make enquiry after vows; or to dream of consistencies betwixt the performing those engagements, and the plainest concurring in a counteracting thereof.
10. If then these impositions be so wicked, and for such wicked ends and causes; then, in order to my being free of this heinous guilt, there is a necessity of my giving a testimony, and such an one, which when brought to the touchstone, will get God's approbation, and be my acquittance from a concurrence. Now, it is not imaginable that my testimony can be the exact obedience to the law, against the wickedness whereof it is witnessed; but on the contrary, it must be at least a plain and positive refusing to yield obedience to that law, when I am in no other case to counteract these commands; for I must either obey and be guilty, or refuse and be innocent. I shall not here plunge into the labyrinth of these debates and difficulties, wherewith this matter of testimonies hath been perplexed, and mostly by those who have had no great mind to the thing. I shall only propound these few queries. (1.) Whether any thing less than a testimony can free me of this guilt, whereby the nation involved in it is made a curse? (2.) Whether, we believe that the testimony of every one shall be called for, in the day when God shall seek out this wickedness? (3.) Whether, if ever it be necessary, it be not then when Christ is openly opposed, and every one is called either to concur or to testify? (4.) Whether a testimony against a wicked law must not be notour for my testimony must make it evident that the law is not obeyed by me, else it is no testimony. (5.) Whether it be not necessary also, that it be with that plainness and boldness, as it may keep some proportion with the prodigiousness of that wickedness testified against? (6.) Whether to the making it a testimony indeed, it is not only required, that an opposition be made at first, but that this be so persisted in, as by no subsequent deed it be weakened? (7.) Whether we do not take it for granted, that according as a man hath testified, the sentence of the righteous Judge shall pass! For he who hath not purged himself thereby from the guilt of this conspiracy, shall be led forth and punished with these workers of iniquity. It is a saying which would sink in the soul of every one who would be saved, especially in such a day. Whosoever therefore shall confess me before men, him will I confess also before my Father which is in heaven; but whosoever shall deny me before men, him will I also deny, &c. Oh that men would now judge of things and courses, as in that hour they desire to be judged! and then there would be little difficulty what to determine in that case.
11. From what is said it appears, that there is no other way of testifying against it, or shunning the sin of this wickedness, imposing and enjoining these compliances, but by refusing them; which as it is clear duty, so it hath many advantages to countervail all the supposed loss that can be sustained thereby. It is a shameful subterfuge to say, I strengthen them more by doing thus, which will make them take all, and so put themselves in better case to do the mischief decreed. For as it is then my suffering, not my sin, so it is simply false that I do hereby strengthen their hands: for hereby I do more certainly weaken their hands, and wound their cause, by my counteracting, testifying and suffering. For, 1. I do really, to the uttermost of the sphere of my activity, counteract their design; and hence, besides my own upmaking peace of conscience, (which is my hundredfold in this life) I glorify God in the day of visitation, behaving as the subject and soldier of the prince Michael; and though I lose my life in the conflict, yet the victory over the dragon, and his lieutenant and trustees, and their lictors, is thereby gained, and they are foiled, while I fight and overcome, by my not loving my life in the present case unto the death. 2. I do by my example encourage my brethren to stand fast, and withstand in this evil day. 3. I hereby transmit to posterity a pattern for imitation, and so propagate an opposition to this course to succeeding generations. 4. I hereby (so to speak) engage God to arise and appear to plead his own cause and his people's: for when we, out of love to him and zeal for his interests, take our lives in our hands, or expose our substance as a prey in witnessing for him, then he is engaged to own us, and to plead his cause, taking the quarrel then to be against himself. Hence it is that when he puts on the garments of vengeance for cloathing, and goes forth to meet them, who, in their risings up against his people, run upon the bosses of his buckler, his arm is said to bring salvation to himself, Isa. lix. 16, 17. and Isa. lxiii. 5. This keeps a man in case to pray against such a party; whereas a compliance with them, in the least degree, will wound a man's faith and weaken his confidence, so that he cannot wrestle with God to prevail: For that wherein his strength lay, a good conscience, being sinned away, in vain doth he essay, when he hath cut his own hair, to shake himself as at other times. Alas! if by keeping a due distance from his enemies, we were in case to play the Samsons or Jacobs on our knees, this enemy, who think it their stability to stand upon the ruins of Christ's interest, should not stand long upon their feet. He who would have his prayer heard, Thy kingdom come, should make his practice, in a conformity thereto, speak this plain language, If I perish, I perish, but comply I will not: for it is not necessary that I live, or have an estate, but it is necessary I should witness a good confession against the wrongs done to Christ. 6. This keeps a man in ease, either to act for God with advantage, if an opportunity be put in his hand, or to suffer, as under his supportings, and the shinings of his face, whereby, even while dying, he becomes an ornament to his profession, gives a dash to the enemy, and so becomes more than a conqueror.
12. Let us consider the matter of scandal in the present case, and remember whose words these are, "Wo to the world because of offences, and wo to him by whom offences come:" and it will appear, the payer of these exactions becomes highly guilty before God. 1. In stumbling and hardening this party of enemies: for though there was never a party before them in the nation (and I much doubt if ever a party can come after them to outdo them) who had so many evidences of plagues poured upon their hearts, that he may pour forth his wrath, and cause his fury to rest upon them; and that in his spotless justice, he will rain snares upon them, that thereafter he may rain fire and brimstone, and horrible tempest, as the portion of their cup, when he shall come to plead his own cause: yet we would beware lest we do any thing that may embolden them, or make them bless themselves in this their stated opposition to Christ's. And because we know not but some of the elect may, for a time, be carried down with the current of this impetuous opposition to him, and may concur actively for a season in promoving this course, we ought, even upon this supposition, so to witness, and so to keep a distance from all apparent or interpretative compliance with what they contrive and carry on, as they may, by beholding our stedfastnes, be provoked to consider their own course; that considering at last how their feet go down to death, and their steps take hold on hell, they may hasten their escape from the company of his enemies, lest they be consumed with the fire of his indignation, if found congregate with the men of these God provoking practices. 2. By paying what is required, I stumble also and offend my weak brethren, while by my example they are encouraged to rush into the same compliance. O! let every man, whose practice may be pleaded as a pattern, remember that word, and who spoke it, "It were better that a milstone were hanged about his neck, and he cast into the midst of the sea, than offend any of these little ones." 3. Sufferers for refusing this payment are offended, when the payer doth not only encourage the persecutors to proceed with rigour and rage against him, as a peevish and froward malecontent, but does what in him lies to wound the heart and weaken the hands of such a faithful witness: whereas, if the poor sufferer saw himself, by a joint testimony owned by his brethren, he would be comforted, strengthened, and become more confident in the conflict. 4. In paying these things the compliers, either by their example, lay a snare for the posterity, to whose knowledge their carriage may come; and so instead of the leaving them a pattern of contending earnestly for the faith, they spread a net for their feet, yea pave them a way to defection and apostasy; or else they engage the great God, out of zeal to his own glory, and tenderness to his people who shall succeed, for preventing of their following of such progenitors, wherein they have not been followers of him fully, to give such a testimony against their untenderness, and set such marks of displeasure upon their course, that the thoughts of turning aside with them, and following their steps shall be terrible to all that hear of it, lest, for such a compliance, they fall as they did, for falling from their own stedfastness into the hands of the living God. But alas! for the posterity, under whose curse we are like to go off the stage, because of our not having done what we ought, yea what we might; both for transmitting pure ordinances unto them, and for not transcribing in our practice the noble example of our zealous and heroic ancestors, who valiantly resisted when violently attacked, and by their valour wrestled us into a state of liberty. Well, if we leave those that shall succeed us such an example as this, he is like to make us such an example as will fright the following generations, and force them to serve themselves heirs to them who have gone before us, who did acquit themselves as the good soldiers of Jesus Christ, and not to us, the debt of whose declensions and defections cannot be paid, without the destruction of those who shall serve themselves heirs to us. But alas! who does think on what he owes to the poor posterity; or who doth make confidence to preserve for them that precious treasure put in our custody, and judges it more necessary than to live, to leave the tract of a way contending zealously for God, and the preservation of his interests, and the propagation of his own pure ordinances to the posterity, shining so clearly by suffering and blood, as the way-faring man, and they who shall come after, though fools, need not err therein? Our only comfort is, that the Lord, who shall see his seed, and must prolong his days, will make his pleasure prosper, and preserve some to be witnesses of it to his praise.
FINIS.
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Transcriber's note:
Numbering of headings and subheadings were left as they were in the original. Spelling of many words vary in the text; for example, expressly/expresly, abbreviation for Matthew as Mat. and Matt., Dumfermline/Dunfermline.
Page 82--supplied the word "year" "For resistance of superior powers, we have in this period, first the practice of some noblemen at Ruthven, in the 1582. who took the King, ..."
Long "f" characters were replaced with the standard English "s"; the "ct" ligature was replaced with "ct".