A hind let loose, or, An historical representation of the testimonies of the Church of Scotland for the interest of Christ with the true state thereof in all its periods : together with a vindication of the present testimonie, against the Popish, prelatical, & malignant enemies of that church ... : wherein several controversies of greatest consequence are enquired into, and in some measure cleared, concerning hearing of the curats, owning of the present tyrannie, taking of ensnaring oaths & bonds, frequenting of field meetings, defensive resistence of tyrannical violence ... / by a lover of true liberty.

PART. III. (Book 3)

THE PRESENT TESTIMONY Stated and Vindicated in its Principal Heads. (Book 3)

BY what is above premitted, the Reader may see the Series & Succession of the Testimony of Christs Witnesses in Scotland from time to time, in all the Periods of that Church; how it hath been transmitted from one generation to ano∣ther Doun to our hands; how far it hath been extended; and what Increments it hath received in every Period; how it hath been opposed by a Continued Prosecution of an hereditary War against Christ, by an Atheistical, Papistical, Prelatical, and Tyrannical faction; and how it hath been concerted, contended for, maintained, & sealed actively & passively, by an Anti-pagan, Anti-Popish, Anti-Prelatical, Anti-Erastian, Anti-Sectarian, and Anti-Ty∣rannical Remnant of the Followers, Professors, Con∣fessors, & Martyrs of Christ in all Ages. Now it remains in the third & last Place to consider the Merit of the Cause as it is now Stated, to see whether it will bear the weight of those great Sufferings wherewith it hath been sealed. I hope all the Lovers of Christ, who have an estee••. ••ven of His reproaches above all the Treasures of Egypt; will grant that if these sufferings be Stated on the least or lowest of the Truths of Christs, then they are not Misstated, no•• built upon a bottom that will not bear them, or is not of that worth to sustain them. For Certainly every Truth, the least of Truths, is of greater value than any thing that we can suffer the loss of for it, yea of infinitely greater value

than the whole world. So that if I prove these Heads of Suffering to be Truths, wherein Conscience is concerned, the Cause will be sufficiently vindicated from the loadings & lashings of such as prefer Peace to Truth. & ease to dutie, who to Justify their oun backwardness & detastable lukwarmness call some of them only State questions about things Civil, and not Gospel-Truths and Heads to State suffering upon: And if they be Truths & Duties, the Cause will some way be rendered more Illustrious, that it is Stated upon the smallest hoofs & hair-breadths of the Con∣cerns of Christs Declarative Glory; as being a greater witness of its Ouners Love & Loyalty to Christ, and of their pure & tender zeal for His honour, than if for more substantial & fundamental Truths, which a Natural Con∣science may reclaim to Decline, when for the meanest Circumstantials of Christs Truths they dare & are ambi∣tious to bestow their dearest blood. But if the Complexe of them be impartially Considered, no unprejudiced Ar∣biter will suffer himself to have such extenuating Impres∣sions of the present Word of Patience, & Testimony of the suffering Remant in Scotland this day: But it will appear to be a very weighty & worthy Concern, as any that either Men or Christians can be called to Witness for; being the Priviledge of all mankind, the Duty of all Christians, and the Dignity of all Churches, to assert, It is for the Glory & Croun Prerogatives and Imperial Regalia of the King of Kings, with reference to His visible Kingdom, of which the Government is layd upon His shoulders, against the heaven-daring Usurpations & encroachments made there∣upon, both as He is Mediator & King & Head of the Church, and as He is God & Universal King of the world. As He is Mediator, it is His Peculiar Prerogative to have a Supre∣macy & Sole Soveraignty over His oun Kingdom, to insti∣tute His oun Government, to constitute His oun Lawes, to ordain His oun Officers, to appoint His oun Ordinan∣ces, which He will have observed without alteration, ad∣dition, or diminution untill His Second Coming: This His Prerogative hath been & is invaded by Erastian Prelacy, Sacrilegious Supremacy, and now by Antichristian Poperie,

which have overturned His Government, inverted His Lawes, subverted His Officiers, & Perverted His Ordi∣nances. As He is God & Universal King, it is His in com∣municable Property & Glory, not only to have Absolute & Illimited Power, but to invest his Deputed Ministers of Justice with His Authority & Ordinance of Magistracy, to be administred in subordination to Him, to be regulated by His Lawes, and to be improved for His Glory & the good of Mankind: This Glory of His hath been invaded by Tyrants & Usurpers arrogating to themselves an Absolute Power, intruding themselves without His investment into Authority, in a Rebellion against Him, in opposition to His Lawes, and abusing it to His dishonour, and the de∣struction of Mankind. Against both which Encroach∣ments the Present Testimony is stated, in a Witness for Religion & Liberty, to both which these are destructive. This will appear to be the Result & Tendency of the Testi∣mony in all its parts, opposed by the Enemies of Religion & Liberty, and the end of all their oppositions, to bring it to this Crinomenon, who shall he King? Iesus or Cesar? Let any seriously search into all their Proclamations & Edicts against Religion & Liberty, this will be found to be the soul & sense of them, practically & Really speaking to this pur∣pose, especially since this man came to the Throne.

J. R.

JAmes the 7/2 by the V. of G. King of Scotland, England, France, & Ireland, Defender of the Antichristian faith: To'all & sundry our good subjects, whom these presents do or many concern, Greeting. We having taken into our Royal Con∣siderati••n, the many & great inconveniences which have happened in that our Ancient Kingdom of Scotland, especially of late years, through the persuasions of the Christian Religion, & the great heats & animosities, betuixt the Professors therof, and our good & faithful subjects, whose faith & Religion is subject & subservient to our Royal will (the Supreme Law, & Reason, & publick Conscience) to the disappointment of our Projects, restraint of our pleasures, and Contempt

of the Royal power, Converting•• true Loyaltie & absolute subjection, into words & names (which we care not for) of Religion & Liberty, Conscience & the Word of God, thereby withdrawing some to the Christian fa∣ction from an absolute & implicite subjection to us & our will, as if there were a Superiour Law to which they might appeal; And considering that these Rebellious Chri∣stians do never cease to assert & maintain strange Para∣doxes, such Principles as are inconsistent with the glory & interest of our Government, as that the Authority of Kings should be hem'd in with Limits, and that their Acts & Actions are to be examined by another rule than their oun Authority to make them Lawful, that some∣things in the Kingdom are not subject to the Kings Au∣thority, That there is a Kingdom within a Kingdom not subordinate to the King, And that there is another King Superior to the Supreme whom they will rather obey than us, And that we must either take Laws from Him or otherwise we are not Magistrats; And Considering also their Practices are Conforme to their, Principles, They will not obey our Lawes but the Lawes of Ano∣ther inconsistent with ours, and will calculate their Re∣ligion according to His Lawes and not according to ours, And continually make their Addresses to and receive Ambassadours from a Prince whom we know not, whom our Predicessors of truely worthy memory did crucify, One Iesus who was dead, whom they affirm to be alive, whose Government they alledge is Supreme over all Kings Whom they acknowledge but as His Vas∣sals; Being now by favourable fortune, not only brought to the Imperial Croun of these Kingdoms through the greatest dif∣ficulties, but preserved upon the throne of our Royal Ancestors, which from our Great founder Nimrod of Glorious Me∣mory, and our Illustrious Predecessors Pharaoh, Nebuch∣adnezzar, Herod the Great, Nero, Caligula &c. of bles∣sed & pious Memory, hath been ever opposite to and pro∣jecting the Destruction of that Kingdom of Christ: Do, after their Laudable example, resolve to suppress that Kingdom by all the means & might we can use, because

His Government is hateful to us, His yoke heavy, His sayings are hard, His Lawes are contrary to our lusts; Therefore we will not let this man reign over us, we will break His bonds and cast away His Cords, from us; And advance & exerce our Soveraign Authority, Prerogative Royal, & Absolute Power, which all our subjects are to obey without re∣serve. And as by virtue of our Supremacy, whereby we are above all, but such as we are pleased to subject our selves to, settled by Law and Lineally Derived to us as an Inherent right to the Croun, we have Power to order all matters of Church as well as State, as we in our Royal wisdom shall think fit, All Laws & Acts of Christ to the contrary notwithstanding; And accordingly in our Royal wisdom have overturned the plat-form of that Govern∣ment which Christ hath instituted, razed all Courts fenced in His Name, and severely interdicted all Meet∣ings of His subjects, and intertainment of His Ambassa∣dours; many of whom, in contempt of Him that sent them, we have punished according to Law, for nego∣tiating His Affairs in our Kingdoms without our plea∣sure, & requiring Allegiance & obedience to Him, after we had exauctorated Him; we have also established our Right Trusty & Entirely beloved Clerks in Ecclesiastick affairs, and their underlings, by our Authority to have the Administration of the business of Religion, and im∣powered our Right Trusty & well beloved Cousins & Counsellers, to Compell all to submitt to them, by Finings, Confinings, Imprisonment, Banishment, Oaths, & Bonds, and all Legal means: So now having prosecuted this war against Christ to this length, that we have no fears of a Rally of His forces again so often beaten, we are now engaged with other Antichristian Princes to give our Power to our holy Father Antichrist, so far as may serve his purpose to oppse Christ in his way; but we reserve so much to our seeves, as may encroach upon Him in our Capacity. And therefore we have thought fit to restore to Antichrist our Ecclesiastical Su∣premacy, from whom we borrowed it, and for which we have no use at present: But we resolve to maintain

& prosecute our Soveraign Authority, Prerogative Royal, and Absolute Power foresaid, against Christ, and without subordation to Him, from whom as we sought none so we received no Power by His Warrant & Grant, and against whom we mind to manage it to the utter most of out power. Yet reflecting upon the Conduct of the four last Reigns, how after all the frequent & pressing endeavours that were used in each of them, to reduce our Kingdoms to An∣tichrist, the Subjects of Christ were so stubborn, that the success hath not answered the designe: We must now change our Methods alitle, and tollerate that Profession of Christ which we cannot yet get overturned, His Subjects being so numerous, but alwayes upon these termes, that they take aspecial care that nothing be Preach∣ed or taught among them, which may be a Testimony for Christs Prerogatives in opposition to our Usurpation, or may any way tend to alienate the hearts of our People from us or our Government, or Preach his Truths which we have condemned as Seditious & Treasonable, under the highest pains these Crimes will import. Hereby we shall establish our Government on such a foundation, on the ruine of Christs, as may make our subjects happy, and unite them to us by Inclina∣tion as well as Duty, in a belief that we will not constrain Con∣science in matters of meer Religion: for which we have a Dispensation from our holy-Father, and also from our oun Absoluteness, to be slaves to this Promise no longer then consists with our Interest: And which we have power to Interpret as we please: And would have all to understand, that no Testimony for Christs Supremacy against our Encroachments thereupon, shall be Com∣prehended under these Matters of meer Religion ••or which the Conscience shall not be constrained: But we will have the Consciences of such Subjects of his, that dare assert it, brought to a Test & probation how they stand affected in this Competition betuixt us & this King Iesus, and see whether they will oune or de∣cline our Authority, because not of him, nor for him, nor to him, but against him & all his Interests. Our will is therefore, that all who will Countenance any

other Meetings of His Subjects than we have allowed, or connive at them, shall be prosecuted according to the utmost severity of our Lawes made against them, which we leave in full force & vigour notwithstanding of the Premises. And for this effect, we further Command all our Iudges, Magistrats, & Officers of our Forces, to prosecute all these Subjects & Followers of Christ, who shall be guilty of treating with, or paying homage to that exauctorated King of theirs, in their Assemblies with His Ambassadours in the Fields, with the utmost rigor as they would avoid our highest Displeasure: for we are confident, none will after these Liberties & freedoms we have given to all without reserve, to serve God Publickly in such a way as we by our Soveraign Authority, Prero∣gative Royal, & Absolute Power foresaid, have pre∣scribed & allowed, presume to meet in these Assemblies, ex∣cept such whose Loyaltie to Christ doth alienate them from us & our Government. As also under the same Certifications, by the same Soveraign Authority, Pre∣rogative Royal & Absolute Power foresaid, We charge, impower, warrand, & Authorize, against all hazards (Hell excepted) all our foresaid Judges & Officers in their respective places, to Prosecute & execute our Lawes, against all that may be suspected or convicted of their Adherence to Christ, or be found guilty of ouning their Allegiance to Him as their Liege Lord by Solemn Co∣venant, which we have caused burn by the hand of the hangman, and declared Criminal to oune it, or shall be found guilty of declining Allegiance to us & our Abso∣lute Authority, stated in opposition to Him & His, or of maintaining that pernicious Principle, inconsistent with our Government that their lives are their oun, which they will preserve without surrender to our Mercy: All which we Command to be executed to death, or banished as Slaves, as shall be found most conducible to our Interest. And to the end, the few that remain of that way may be totally exterminated, we straitly Command all our Souldiers, Horse & Foot, to be ready upon order, to march & make search, pursue & follow, seise & apprehend, kill & slay & cause to

perish, all such whether they shall be found at Meetings, or in their wanderings, wherever they may be appre∣hended: And ordain all our good Subjects to be assistent to these our Forces, in prosecuting this War against Christ and his Followers, and Contribute their best help & encouragement, in giving them their required Maintinance, & duely paying the Cess & Locality imposed for that end; And that they shall not dare to Counte∣nance, Converse with, resett, harbour, supply, or keep any manner of Correspondence with any of these Traitors that adhere to Christ, under the pain of being found airt & part with them, and obnoxious to the same Punishments to which they are lyable; But on the con∣trary to Assist our Forces, to apprehend, and raise the Hue & Cry after them wherever they shall be seen, that they may be forthwith purswed, seised, cut off, & de∣stroyed, which we order to be instantly done upon the place, where ••••ey or any of them are apprehended, & that without any delay or mercy to age or sexe &c.

On the other hand if any will take a look of the De∣clarations & Testimonies of the other Party, without prejudice or stumbling at some Expressions which may be offensive to Criticks, he will find the Scope & Strain of them to have this Importance.

WE, a Poor Company of Persecuted, reproached, & despised Christians; who indeed have not many wise men among us after the flesh, not many mighty, not many noble, but are a few foolish, weak, base, & despised nothings in the world; Yet having this Ambition to be His called, chosen, & faithful Soul∣diers, who is King of Glory, King of Heaven, King of Saints, King of Nations, King of Kings, whose King∣dom is Everlasting & Universal; Considering the many insolent indignities, affronts, & reproaches cast upon His Name & Glory, and the many Usurpations, En∣croachments, & Invasions made upon His Croun & dignity, by a Pestilent Generation of His Atheistical,

Papistical, Prelatical, & Tyrannical Enemies, who have rebelled against Him, and have renounced, cor∣rupted, & subverted His Royal Government, both in the Church & in the world, both in His Kingdom of Grace and of Power: Do bear Witness & Testimony against these Rebels, from the Highest to the Lowest: And assert the Interest & Title of our Princely Master, and oune Allegiance & absolute obedience to Him and His Government, to which He hath all undoubted right; An Essential right by His Eternal God head, being the Everlasting Father whose goings forth have been of old from Everlasting; A Covenant right by Compact with the Father, to bear the Glory and rule upon His Throne, by virtue of the Council of Peace between them both; A Donative right by the Fathers right of Delegation, by which He hath all Power given to him in Heaven & in Earth, and all Authority even because He is the Son of man; An Institute right by the Fathers Inauguration, which hath set Him as King in Zion; An Acquisite right by His oun Purchase, by which He hath merited & obtained not only Subjects to Govern, but the Glory of the Sole Soveraignty over them in that re∣lation, a Name above every Name; A Bellical right by Conquest, making the People fall under Him, and be willing in the day of His Power, and overcoming those that make war with Him; An Hereditary right by Proximity of blood & Primogeniture, being the first born, higher then the Kings of the Earth, and the first born from the dead, that in all things He might have the Preeminence; An Elective right by His Peoples choise & surrender, a Croun wherewith His Mother Crouned Him in the Day of His espousals. In a humble recognizance of all which Rights, we oune & avouch, that He hath that Incommunicable Prerogative of Sole Soveraignty, over his Visible Kingdom as well as In∣visible, without a Copartner or Competitor, either Coordinate or subordinate; in Prescribing Lawes, by no humane Authority to be reversed; in appointing Ordinances, immutable without addition or diminu∣tion,

for matter or manner; instituting a Government, which no man or Angel can without Blasphemy arro∣gate a Power either to invert or evert, change or over∣turn; And Constituting Officers, which must depend only on His Authority and His alone; and must be cloathed only with His Commission and His alone, guided by His Instructions & His alone, Acting accord∣ing to His Lawes & Prescribed Platforme and His alone, without any dependence on, subordination to, Licence warrand or Indulgence from, any Mortal. And therefore We disoune & detest every thing that hath not the stamp of His Authority, either in Doctrine, Worship, Discipline or Government: And will discoun∣tenance Prelacy, Supremacy, Popery, and all Cor∣ruption contrarie to His Institution, who is Sole & Su∣preme Lawgiver to the Conscience, and will submit to, or comply with nothing that may directly or indirectly signify our respect unto them. Hence we will take none of their Oaths, subscribe none of their bonds, yeeld to none of their Impositions, pay none of their Exactions: Neither will we hear or receive Ordinances from any Minister, but the faithful Authorized Ambassadours, of Christ our King, whatever either rage or reproach we suffer for it. We assert & affirm also, that our Exalted Prince is King of the whole world, by whom Kings reign & Princes Decree Justice, as His Ministers of Ju∣stice, in subordination to Him; whom He hath appoint∣ed to rule over us, with just boundaries that they may not exceed, and true Characters by which we should know them & pay them deference. And therefore, who soever shall arrogate to themselves and extend their power beyond & above His prescripts, being neither call∣ed to, nor qualified for, nor improving the Office, for the ends He hath appointed; We will acknowledge them no otherwise than Usurping Tyrants, & not Ma∣gistrats nor Ministers of Justice, to whom He hath given the Sword by His preceptive Will, only as Lyons, Bears, Wolves, to whom he hath given a rod by His providential Will: In that case we may be passively

subject when we cannot do better, but will never oune Consciencious Allegiance to them, nor oune them as our Lawful Magistrars▪ And therefore we will not bow to their Idols they have set up, nor prostitute either Conscience or Liberty to their Lust, But will endeavour under our Masters Banner & Conduct to preserve what∣ever he hath intrusted to us, Religion, Life, Liberty, Estate, And whatsoever the Lord our God hath given us to possess, As they unjustly possess what their God gives them: And will maintain a war of constant oppo∣sition to them (against whom our Lord hath declared a war for ever) without parly, Treaty of peace, Capitu∣lation, Composition, Truce or any Transaction: we will neither Medle nor make with them less or more, nor seek their favour, nor embrace it when it is offered, on any termes that may imply any obligation to surcease from our duty to our King, and irreconcileable oppo∣sition to them &c.

Now I shall come more Distinctly to the purpose, in offering a short vindication of the Heads & Grounds of our great sufferings: Dividing them into their principal parts, which I reduce to two, viz Negatives & Positives. The Ne∣gative Grounds? I reckon three principally. 1. For Re∣fusing to acknowledge a Corrupt Ministrie. 2. For Re∣fusing to oune a Tyrannical Magistracy. 3. For Refusing to Swear & subscribe their unlawful imposed Oaths, Chiefly that of Abjuration, which was the occasion of suffering unto death. The positive Grounds are also three. 1. For frequenting field-meetings, to receive Gospel-Or∣dinancs from faithful Ministers. 2. For maintaining the principle & practice of Defensive Resistence of Superior powers. 3. For maintaining the priviledge & Duty of offen∣sive revenge in executing Justice upon Murdering Ene∣mies of Mankind in cases of extreme necessity. In prose∣cuting which, I shall intertexe some subordinate questions relating to their respective Heads, and endeavour to discuss them briefly.

HEAD. I. Where The Sufferings of many for Refusing to ac∣knowledge a Corrupt Ministrie are Vindicated: and the Question of Hearing Curats is cleared.

THis Question though it may seem nice and of no great Moment, to Persons of Gallio's or Laodiceds temper, indifferent & Lukwarm dispositions, con∣sulting their oun more them the things of Christ, which maks it pass without any enquiry with the most part of the world: Yet to all who are truly tender in keeping a good Conscience free of the times Contagion, to all who have the true Impression of the fear of God, who is Iealous especially in the matters of his worship, to all who have the true zeal of God eating them up, in a just indignation at the indignities done to him, in usurping the office, & cor∣rupting the Administration of the Ministrie, to all who truly Love the Gospel and put a due value on the Ordinan∣ces of Christ, the Corruptions whereof this Question touches, it will be accounted of great importance. There are three Questions about the Duty of hearing the Word, Concerning which the Lord Jesus gives us very weighty Cautions, viz what we should hear, Mark. 4. 24. how we should hear Luk. 8. 18. and whom we should hear. The last of which, though it be not so expressly Stated as the other two, yet the Searcher of the Scriptures will find it as clearly Determined, and as many Cautions to guard from erring in it, as in any other Case, And that the Concern of Con∣science in it is very weighty. And certain it is if there had been more advertency in this Point, there would not have been such inconsideration and Licenciousness in the matter & manner of hearing. Nor would that itching humor & Luxuriancy of lust, in heaping up teachers to please the fancy, have been so much encouraged, to the great de∣triment of the Church, disgrace of the Gospel, & de∣struction of many poor Souls. But through the ignorance

& neglect of this Duty of trying whom we should hear, by seeking some satisfieing evidence of their being cloathed with Authority from Christ, the world hath been left louse in a Licence to hear what they pleased, and so have received the Poison of error from Monte banks, instead of the true & wholesome Potions of Christs Prescripts from them that had Power & skill to administer them. Hence the many Sects, & Schismes, & errors, that have Pestered the Church in all ages, have in a great measure proceeded from this latitude & laxness of Promiscous hearing of all whom they pleased, whom either the worlds Authority impowered, or by other means were possessed of the place of Preaching, without taking any Cognizance whe∣ther they had the Characters of Christs Ambassadours or not. If this had been observed, and People had scrupled & refused to hear these whom they might know should not have Preached; neither the Great Antichrist, nor the many lesser Antichrists, would have had such footing in the world as they have this day. It is then of no small Conse∣quence to have this Question cleared. Neither is it of small difficulty to solve the intricacies of it, what Cha∣racters to fix for a discovery of Christs true Ministers; whom we should submit to & obey in the Lord, and Love & esteem them for their Works sake, and for their quali∣ties sake, as standing in Christs stead, having the dispensa∣tion of the word of Reconciliation committed to them; And how we may discern those Characters, what judgment is incumbent to private Christians, for the satisfaction of theiroun Consciences in the Case; And how they ought to demean themselves in their practice, with out Scandal on either hand, or sin against their oun Conscience; how to avoid the rocks & Extremes that inadvertency or preci∣pitancy in this matter may rush upon; So as to escape & sail by the Scylla of sinful Separation on the one hand, and the Charybdis of sinful union & Communion on the other, which are equally dangerous; especially how these Cautions are to be managed in a broken and disturbed & divided Case of the Church. The Question also is the more diffi∣cult, that as it was never so much questioned before this

time, and never so much sought to be obscured, by the perverse disputings of men of corrupt minds to find out evasions to cover sin & escape sufferings upon this account; So it hath never been discussed by Divines either at home or abroad, with relation to our Case, except what hath been of late by some faithful men, who have suffered upon this head, from whom I shall gather the most of my Ar∣guments, in as Compendious a way as I can without wronging them. The reason, I fancy, that we are at such a loss in our helps from the Learned on this head, is partly, that they have written with relation to their oun times, in a Constitute Case of the Church, when Corruptions & disorders might be orderly rectified, and people might have access to get their scruples removed in a Legal way by Church-order, in which case the Learned & Judicious Mr Durham hath written excellently in his book on Scandal, but therein neither he nor others did consult nor could have a prospect of such a case as ours is; And partly, that forreign Divines, not having this for their exer∣cise, could not be acquainted with our circumstantiate case, and so are not fit nor Competent Arbiters to decide this Contraversie; hence many of them do wonder at our sufferings upon this head. Every Church is best ac∣quainted with her oun Testimony. Yet we want not the suffrage of some of the Learnedst of them, as the Great Gisb. Voetius in his Polit Eccles. in several places comes near to favour us: where he allowes People to leave some & hear such Ministers as they profit most by, from these grounds,

that people should chuse the best & most edifying gifts, and from that scripture 1 Thess. 5. 21. Prove all things &c. and answers objections to the contrare, and granteth that upon several occasions one may abstain from expli∣cite Communion with a Corrupt Church, for these rea∣sons, that such Communion is not absolutely necessary, Necessitate either Medii or Precepti, where the Christian shall have more peace of Conscience, and free exercise of Christian Duties elswhere, And that he may keep Communion with more Purity in other places Polit. Ecces. Quest. 17. Pag. 68. And he approves of People refusing

to bring their Children to be baptized by such Corrupt Mi∣nisters, because they may wait until they have occasion of a Minister, for if the best gifts be to be Coveted why should not the best Ministers be preferred? and why should not Christians shew by their deeds, that they ho∣nour such as fear the Lord, & contemn a vile Person? They ought not to partake of other mens sins 1 Cor. 5. 9. 11. Eph. 5. 11. They should not strengthen the hands of the wicked and make sad the Godly; The Authority of such Ministers should not be strengthened Voet. Polit Eccles. Pag. 637. to 640.

But though it labour under all these disadvantages: yet it is not the less but so much the rather necessary, to say somwhat to clear it, with depen∣dance upon light from the Fountain, and with the help of those faithful men who hath sufficiently cleared it up, to all that have a Conscience not blinded or bribed with some prejudices, by which more light hath accrued to the Church in this point of withdrawing from Corrupt Ministers, 〈◊〉〈◊〉 ever was attained in former times; which is all the good we have got of Prelacy. In so much that I might spare la∣bour in adding any thing, were it not that I would make the Arguments vindicating this Cause of suffering alitle more publick, and take occasion to shew, that the grounds espoused by the Present & reproached party for their with∣drawings, so far as they are stretched, are no other than have been ouned by our writers on this head; to the intent it may appear, there is no Discrepancy but great likness & harmony between the Arguments & Grounds of with∣drawing, in the late Informatorie Vindication &c. and those that are found in other writings. And so much the rather I think it needful to touch this subject now, that not only this hath been the first ground of our sufferings, but many that suffered a while for it, now have fainted, and con∣demned all their former Contendings for this Part of the Testimony, calling in question all these reasons that former∣ly satisfied' them. But to proceed with some distinctness in this thorny point: Some Concessory Assertions must first be premitted, And then Our Grounds Propounded.

First, I willingly yeeld to & Cordially close with the Truth of these Assertions.

I. The Unity of the Spirit in the bond of Peace, ought to be the Endeavour of all that are members of the One Body of Christ, Partakers of his One Spirit, called in One Hope, Pro∣fessing One Lord, Confessing One Faith, sealed with One Baptisme Eph. 4. 3. &c. And for Brethren to dwel together in Unity, is good & pleasant, and like the precious Oynt∣ment upon the head, that ran doun upon Aarons beard Psal. 133. 1, 2. A fragrant Oyntment indeed, if it be composed aright of Gospel-simples, according to Divine art, and the Wisdom that is from above, which is first pure & then peacable; and not made up of Adulterate Politicks: that Union that hath the Spirit for its Author, the Scripture for its Rule, Peace for its bond & beauty, love for its Ce∣ment, Faith for its foment, Christ for its foundation, and Truth & holiness for its constant Companions, cannot but be intensely desired, enixely endeavoured, and fer∣vently followed, by all the Professors of the Gospel of Peace, & Subjects of the Prince of Peace: Which makes Division & Schisme not only a great Miserie, but a Grand sin. But it must be in the way of Truth & Duty, and con∣sistent with holiness & the honour of Christ, otherwise if it be in the way of Apostasie & defection, it is but a Con∣federacy & Conspiracy against the Lord. And true Union can neither be attained, nor retained, nor recovered; ex∣cept the sinful Cause of Division, Defection; and the holy overruling Cause, the Anger of the Lord be removed, in turning to & following him.

II. Thô there be not perfect Union, but diversity both of judgements and practices, in several Cases there may be Communion with a Church in its Ordinances and Mi∣nistrie. As 1. We may have a Catholick Communion with all Christian Ministers & Members of the Catholick Church, considered as such; holding the Head Christ, and the foundation sure. And so we may meet for Wor∣ship with all Devout men in every Nation under Heaven, whether they be Parthians, or Medes, or Elamites, or French or Dutch &c. thô differing in Controversies of lesser moment, not overturning that; if they hold the Univer∣sal▪ Testimony of the Gospel, against the Common ene∣mies

thereof, Iewes, Turks, or Pagans: for there is nei∣ther Greek nor Iew if he be a Christian, Christ is all and in all Col. 3. 11. But if they be Hereticks, we can have no Communion with them. 2. We may have a more special Communion with all Protestant Ministers & Members of the Reformed Church, considered as such, more strictly, and upon stricter conditions: providing they hold, not only the Universal of Christians, but the General Testimo∣ny of Protestants, against the Greater & lesser Antichrists; thô differing from us in some circumstantial points, not Reformed, and not contradictory unto the Protestant Te∣stimony, against Poperie & all Heresie; nor declining from their oun Reformation, by Defection or Schisme. And Consequently, its Lawful to oune Communion with the Churches of the United Provinces, and take Ordination from them, thô they have some formes not allowable, from which they were never Reformed, because they are sound in the Protestant Testimony. But with the Sectarians or Schismaticks or Apostates among them, we cannot oune that special Communion. 3. We may have a more Par∣ticular Communion upon yet stricter conditions, with all our Covenanted Brethren, Ministers & Members of the Churches of Britain & Ireland, considered as such: Pro∣viding they hold, not only the Universal, not only the more Special, Protestant Testimony against the Greater & lesser Antichrists, but the Covenanted Testimony for the Refor∣mation in Doctrine, Worship, Discipline, & Govern∣ment, against Poperie, Prelacy, Superstition, Heresie, Schisme, & Profanness, according to the Covenant; Thô differing from us in those Controversial points, never Re∣formed, and which were never the Word of Christs pa∣tience, and do not overturn the Covenanted Testimony. But with those that contradict & counteract that, we can∣not oune that particular Communion. 4. We may have yet a nearer Organical Communion, upon stricter condi∣tions still, with all the Ministers & Members of the Natio∣nal Church of Scotland, constitute & confederate under one Reformed Government, according to the Rule of Christ: providing they hold, not only all the former Testi∣monies

under the foresaid considerations, but the Presbyte∣rian Testimony as stated in the Ecclesiastical Constitutions, and sworn to in the National Covenants & Engagements of that Church, founded upon the Word of God, against Poperie, Prelacy, Erastianisme, Sectarianisme, Tole∣ration, Schisme & Defection; thô differing in some things from us, never Reformed, never considered in Eccle∣siastical Judicatories, never engaged against in our Cove∣nants, never Stated as the Word of patience and Matter of Testimony. But with those that oppose, suppress, re∣proach, and abandon this Testimony, we cannot oune this Organical Communion, in this broken State of the Church. We may have yet a stricter Congregational Com∣munion, upon stricter conditions, in and with the Ordi∣nary or extraordinary Meetings or Societies of the Lords people for Gospel Ordinances, with any Minister or Mi∣nisters, duely & truely admitted to that function, accor∣ding to Christs Appointment, and the Call of the people, whether in a fixed or unfixed relation: provicing he holds the Testimony of Christ, under all the former considera∣tions, and ounes and adheres unto the true received prin∣ciples of the Church of Scotland, in Doctrine, Worship, Discipline, & Government, founded upon the written Word of God, and whatsoever Declarations or Testimo∣nies, former or latter, particular or more General, are aggreable thereunto; thô differing from us in some of the Integral & not Essential parts of our Testimony, against the Enemies of our Covenanted Reformation. But with such as deny or decline from it, by Schisme or Defection, or Complyance with the enemies thereof, we cannot oune this Congregational Communion, in this broken State of the Church.

III. Thô there be many things in a Church, to brangle & lessen the Comfort of our Communion with it and the Mi∣nistrie thereof; yet we may keep fellowship with a true Church, thô in many things faultie and Corrupt, as all Churches are in some measure in this Militant State. As the Church of Corinth had many corruptions in their prac∣tice, yet no separation is enjoyned from it. And the Lord

did not require separation from the Churches of Perga•••••• & Thyatira, though they had many corruptions & deficien∣cies in Discipline, in a Toleration of Hereticks; and would lay no other burden upon them, but to hold fast what they had: as Mr Durham shewes in his Comment. on the Revel. chap. 2. Lect. 6. Pag. 148, 149. as also Chap. 18. Lect. 1. Pag. 585. in 4^to. This must be granted especially in these cases. 1. In the infant State of the Church, when the Reformation is only begun: then many things may be tolerated, before they be gradually Reformed, which in an adult State are not to be suffered. 2. In a growing case of the Church, advancing out of corruptions: then many things may be born with, while they are ascending & wrestling up the hill, which in a Declining State; when the Church is going back∣ward, must not be yeelded unto. See that Objection of hearing Prelatical men in the time of former Prelacy, an∣swered above, Peri. 4. Pag. 54. 3. In a Constitute and settled case of the Church, enjoying her Priviledges & Judicato∣ries, corruptions may be ••oreborn, and the offended are not to withdraw, before recourse to the Judicatories for an orderly redress: But in a broken & disturbed State, when there is no access to these Courts of Christ; then people, thô they must not usurp a power of Judicial Censuring these corruptions, yet they may claim & exercise a discretive power over their oun practice; and by their withdrawing from such Ministers as are guilty of them, signify their sense of the moral equity of these censures that have been legally enacted against these & the equivalent corruptions, and when they should be legally inflicted. As we do upon this Ground withdraw from the Prelatick Curats, and likewise from some of our Covenanted Brethren, upon the account of their being chargable with such corruptions & defections from our Reformation, as we cannot but shew our dis∣like of. This the Reverend Author of Rectius instruendum justifies Confut. 3. Dial. Chap. 1. Pag. 8. where he is shew∣ing, what separation is not sinful; and gives this for one, if we separate in that, which a National Church hath commanded us as her Members to disoune, by her standing Acts & Authority, while those from whom we separate oune that Corruption. Which

holds true of the Curats, & Indulged, and Addressers, and all that we withdraw from. However it be, certainly those are to be withdrawn from, with whom we cannot communicate without submitting to the Lawes establishing them, and taking on that Test & badge of our incorpora∣tion with them, and partaking of their sin, & in hazard of their judgment.

IV. Thô in some cases, as we are warranted, so are necessitated to withdraw: yet neither do we allow it upon slight or slender grounds, nor can any tender soul be forced to discountenance the Ministers of Christ (I do not speak here of the Prelatick Curats) without great reluctancy and grief of heart, even when the grounds of it are solid & va∣lid, and the necessity unavoidable. Therefore we reject these as insufficient Grounds, besides what are given al∣ready. 1. We cannot withdraw from a Minister, for his Infirmities or weaknesses, Natural, spiritual or Moral. 2. Neither for Pers••nal faults & escapes: We expect a faithful, but not a sinless Ministrie. 3. Nor for every defect in faith∣fulness, through Ignorance, want of courage, Misinfor∣mation, or being byassed with affection for particular per∣sons. We do not hold, that faults in Members, or de∣fects in Ministers, do pollute the Oordinances, and so necessitate a Separation; but aggree with what Mr Durham sayes on Revel. chap. 2. Lect. 6. Pag. 147. in 4^to. Sincerity discovered, will cover many faults. 4. Nor for every discoverie of Hypocrisie; thô we may have gro••nd to sus∣pect a Mans principle & Motive be not right, yet if he be following duty unblameably, and have a Lawfull Call, What then! notwithstanding every way, whether in Pretence or in Truth, Christ is Preached, therein me may rejoyce Philip. 1. 18. 5. Nor yet for real Scandals, not attended with ob∣stinacy, if Ministers will take reproof & admonition, and at least by Doctrinal Confessing and practicall for saking them satisfie the offended. 6. Yea thô his Scandals be so gross, that we must discountenance him, when he persis••s in them: yet that is not a disouning of his Ministrie `or a rejecting his Commission, but a discountenancing for his disorders, until they be removed. But the Apologet. Rela•• Sect. 14.

Pag. 290, 291. sayes (1) there may be Ministerial cor∣ruptions,

that cut the very throat of the Office, and make one no Officer—and it is past questioning, such may be shunned, without all hazard of Separation (2) when personal faults are very gross & palpable, open & avowed, such may be shuned without any hazard of Se∣paration; because the mans being an Officer coram Deo is much to be questioned, and there is great probability that ipso facto he had forefaulted the same, thô such should be the corruption in a Church, that notwithstanding of all this he may be maintained. (3) Separation is 〈◊〉〈◊〉 thing, and not hearing such or such a man is a far other thing: there may be many just grounds of exception against a particular person, why people may refuse to countenance him, without any hazard of separation, or joining with separatists in their principles: Separation is one thing, and refusing to attend the Ministrie of such a man is another thing; for a man may joine with Ordi∣nances in another congregation, and so testify that he hath no prejudice at the Ministrie, but only against such a man in particular.

Whence it is an ignorant as wel as malicious calumnie, to say, that our withdrawing from the Curats, and also from some Ministers, whom other∣wise we respect & reverence as Godly Ministers, for their offensive defections, is a disouning al the Ministrie of Scot∣land. Whereas, we do profess indeed a disouning of the Curats Ministrie, but for our Reverend Presbyterian Mi∣nisters, thô we do discountenance many of them with sad hearts, for their not keeping the Word of the Lords pa∣tience in this hour of tentation, nor adhering to the prin∣ciples & constitutions of the Church of Scotland: Yet this is not a disouning of their Ministrie, but a Refusing to counte∣nance them in their present administrations, in this disturb∣ed State, till these offences be removed.

V. As to disoune the Ministrie, were hateful Sectaria∣nisme; so to dissolve or break off Communion with a true Church, whereof we are Members, were an unnatural Schisme, which is horrid sin. But because among all the various Sufferings, wherewith the poor tossed, & racked

Remnant now Persecuted have been exercised, this hath not been the lightest; that they have been on all hands stig∣matized as Schismaticks & Separatists, not only because they have maintained a resolved withdrawing from the Curats, but also have discountenanced many Presbyterian Ministers, with whom they have been offended for their declining Courses, and Complyances with the Times Corruptions, and forsaking in a great measure the duty of this day: I shall distinguish some cases of Separation, out of the Writings of our approven Authors, which will j••••tify all their withdrawings. 1. Mr Durham distinguishes these three; Schisme, separating from the Unity & Com∣munion of a true Church, consisting not alway in diversity of Doctrine, but in divided Practices, according to that of Augustine, Schismaticos facit not diversa fides, sed disrupta communionis Societas: Then separation, either in whole from a Church as no Church, or in part in some things wherein they cannot communicate with that corrupt Church, which is Lawful if it exceed not its ground: Then lastly, Secession, a local removing to a better Church. The first of these can∣not be imputed to the Persecuted Wanderers: for they sepa∣rate from no true Church, whereof they were Members, but these from whom they separate, will be found to be the Schismaticks. 2. The second of these, to wit, sepa∣ration, is either Positive & Active, or Negative & Passive. The first is, when a party not only leaves Communion with a Church, whereunto they were formerly joyned, but also gathers up new distinct Churches, different from the former, under another Government & Ministrie & Ordinances, disouning those they left. The latter is, when the faithful Remnant of a declining Church, standing still & refusing to concur with the backsliding part of the same Church, after they have become obstinate in their de∣fections, holds clossly by, & adheres unto the Reformation attained. This Famous Mr Rutherfoord in his due Right of Presbytries pag. 253. 254. sheweth to be Lawful, and call∣eth it a Non-Union, as that in Augustines time, when the Faithf••l did separate from the Donatists, which is Lawful & laudable. 3. Mr Rutherfoord there proceeds to distin∣guish,

between a separation from the Church in her worst & most part, and a separation from the best & least part: and these who separate from the worst & greatest part, do notwithstanding retain a part of, and a part in the Visible Church, because they do not separate from the Church according to the least & best part therof; as the Godly in England who refused the Popish Ceremo∣nies & Antichristian Bishops. Hence it will follow, that though now People should withdraw from Communion with the greatest part of the Church, which is now Corrupted, they cannot be counted Separatists because, they hold still Communion with the better thô lesser part. Moreover he saith Pag. 254. 255. That there may be Causes of Non-Union with a Church, which are not sufficient causes of separation. Lastly he tells us ibid. Pag. 258. When the Greatest part of a Church makes de∣fection from the Truth, the lesser part remaining sound, the Greast part is the Church of separatists; thô the manyest & greatest part in the actual exercise of Discipline be the Church, yet in the case of right Discipline the best thô fewest is the Church. For Truth is like life, that retireth from the manyest Members unto the heart, and there remaineth in its fountain in case of dangers. So that it is the major part which hath made defection, that are to be accounted Separatists, and not such who stand to their principles, thô they cannot comply or joyne with the corrupt Majoritie.

Thus the Apol. Relat. rehearsed his words Sect. 14. pag. 292. 293. 4. There may be a Law∣ful withdrawing, where the Ordinances & Ministrie are not cast at, as the Apol, Rel. saith. ibid. 291. So then,

so long as people do not cast at the Ordinances, but are willing to run many miles to enjoy them: nor cast at the Church as no Church (thô they sadly fear, that God shall be provoked by this dreadful defection, which is carried on by these men & their favourers, to give her a Bill of divorce) nor at the Ministrie, for they love those that stand to their Principles dearly, and are most willing to hear them either in publick or private. 5. It is granted by all that write against Separatists, that separation from

a Church is Lawful, when the case so falleth out, that union cannot be kept up with her without sin, Voet. Polit. Eccles. pag. 68. quest. 17. 6.

The Grave Author of Rectius Instruendum Confut. 3. Dial. Chap. pag. 7. &c. allowes, every Separation is not Schisme, even from the Church which hath essentials, yea and more than essentials: If it be from those (thô never so many) who are drawing back from whatever piece of duty & integrity is attained; for this is still to be held fast, according to many Scripture Commands. So Elias, when Gods Covenant was for∣saken, was as another Athanasius (I and I only am left) in point of tenacious integrity. 7. Next he sayes, if we separate in that which a National Church hath com∣manded us as her Members to disoune, by her standing Acts & Authority, while those from whom we separate oune that Corruption. 8. Likewise he there asserts, there is a Lawful forbearance of Union & Complyance with notorious Backsliders, in that which is of it self sinful, or inductive to it: which is far from Separation str••ctly taken. The Commands of abstaining from all appearance of evil, and hating the garment spotted with the flesh, do clearly include this. 9. He addes, many things will warrant Se∣paration from such a particular Minister or Congrega∣tion; which will not warrant Separation from the Church National; nor infer it, by Mr Durhams acknowledge∣ment (on Scandal, pag. 129.) for if Scandals become ex∣cessive, he allowes to depart to another Congregation. 10. Lastly he sayes, There is a Commanded withdrawing from Persons & Societies even in Worship, the precepts Rom. 16. 17. 2 Cor. 6. 17. Prov. 19. 27. Act. 2. 40. will clearly import this by Consequence—Surely the Mini∣sters & Professors, adhering to the Reformat••on, must be the true Church of Scotland, thô the lesse•• number: These Souldiers who keep the Generals Orders, are the true Army, not the deserters of the same.

But Secondly, it being in part cleared by these Assertions, what is our mind in this Controversie, I shall lay coun from Scripture Oracles, all the Causes & Cases justifying & war∣randing withdrawing from any Ministers; with application

of all of them to the Curats, and accommodation of some of them to all that the Wanderers withdraw from: with Arguments endeavouring to evince the Validity of them, and evidencing they are not new Notions, but the same Grounds which approven Authors have improved in this Controversie. I shall omitt the ordinary Criticismes in stating the Question, in distinguishing betuixt hearing & joyn∣ing in Worship, and ouning them as our Ministers, and submitting to them &c. And only essay to prove this Thesis: We cannot without sin oune Church Communion in Gospel Ordi∣nances with the Prelats or their Curats, as Our Ministers, but must Withdraw from them, and any other guilty of the like Corru∣ptions, which we can make out against them. I shall not resume what Confirmations this Thesis is strenthened with, from the Testimonies or Church Constitutions of former Periods, which are premitted in the foregoing discourse: Nor make any repitition of the Circumstances of our present Con∣dition, Represented above, which contributes to clear it: but shortly come to the Arguments.

I. It is necessary that we must acknowledge them Mini∣sters of Christs, and his Ambassadours cloathed with his Commission, from whom we receive the ordinances of the Gospel. For otherwise they must be looked upon as Thieves, Robbers, Usurpers, and strangers whom Christs sheep will not, nay must not hear, Iohn. 10. 1, 5. And how shall they preach, or be heard, except they be sent, Rom. 10. 15. for such whom we know may not Lawfully preach, we cannot Lawfully hear. These from whom we may receive the Misteries of God, we must account Ministers of Christ 1 Cor. 4. 1. and Ambassadours for Christ, standing in his stead, beseeching us to be reconciled to God 2. Cor. 5. 20. Hence such as we doubt to acknowledge Ministers of Christ, cloathed with His Commission, them we cannot hear without sin: But the Prelatical Curats are such as we doubt to acknowledge Ministers of Christ, cloathed with His commission: Therefore we cannot hear them. The Minor only needs probation. These who neither have nor can have the Qualifications of a Minister of Christ, nor the Lawful call of a Minister of Christ, cannot be acknow∣ledged

with confidence to be Ministers of Christ cloathed with His commission: But the Prelatical Curats are such: Ergo.—First they neither have nor can have the qualifi∣cations of Christs Ministers: Since few of them have the personal, as Christians, far less the Ministerial as Officers, mentioned 1. Tim. 3. 2-4. Tit. 1. 6-9. except it be to be husbands of one wife, and if that do not make them Ministers, they have nothing else: especially four are wanting in all of them. (1) Blamelessness, and freedom from Scandal, even such as affects the office (besides other gross disorders in their life & conversation, obvious to the view of onlookers being men who have denyed the Faith, and therefore unfit to have the priviledge of Church members in any well Go••erned Church) being in the experience of all that know them signalized under the Characters of those that run unsent, and from whom we are commanded to with∣draw: Causing the people to erre by their lies and by their lightness, not sent of God Ier. 23. making the heart of the righteous sad, and strengthening the hands of the wicked Ezek. 13. 22. See also Ezek. 34 2, 3. Such as we are com∣manded to beware of Math. 7. 15, 16. Such as we must mark & avoid, Rom. 16. 17, 18. Phil. 3. 2. Disorderly walkers from whom we must withdraw 2 Thess. 3. 6. Covenant-breakers from whom we are commanded to turn away 2 Tim. 3. 3, 5. They are not then Blameless: and in shewing how fitly these aggree unto the persons now spoken of, time needs not be spent, such as know them can best Judge. Hence, such as either are not fit to be Church members, or have all the Characters of such Officers from whom we are to withdraw, cannot be acknowledged capable of the qualifications of the Ministers of Christ: But such are the Curats: Ergo—(2) The qualification of Vigilancy can∣not be found with them: for all that know them will ac∣knowledge that they neither do, nor can in Preaching the word be instant in season & out of season, so as to make full proof of their Ministrie 2 Tim. 4. 1-5. Nay they can give no proof of their Ministrie at all, further than may be com∣petent to dumb Dogs that cannot bark, Isa. 56. 10, 11. for they nor no man can say, that the diseased they have strenght∣ened,

or healed that which was sick &c. Ezek. 34. 4. And it is known to all that know them, that if ever there were any that assumed to themselves the name of Levites, who de∣parted out of the way, and caused many to stumble at the Law, and corrupted the Covenant of Levi, and therefore were deservedly contemptible & base before all the people (Mal. 2. 8, 9.) they are the men. Let any man judge then, whether they have the qualifications of the Messengers of the Lord of hosts. Hence, they that can give no proof of their Ministry, but that which proves them to be such whom the Lord condemns, & such who deserve to be contemned of all, cannot be acknowledged to be qualified as the Lords Ministers: But the Prelatick Curats can give no proof of their Ministry &c. Ergo—(3) The qualification of Aptness to teach is wanting, yea incompatible with them, not only such of them as are noted for ignorance, of whom clearly that is verified, they are blind watchmen, they are all ignorant (Isa. 56. 10.) but even their Greatest Clerks & Rabbies may fitly be called after the name of their forefathers, whom Christ calls blind Leaders of the blind, concerning whom he gives a Command to let them alone Math. 15. 14. Either generally they are discovered to be such Masters of Israel, as know not these things Iohn. 3. 10. being men not exercised in Re∣ligion, and have not Learned the Truth as it is in Jesus: or they are such, as if they have had gifts or Grace, yet now they are palpably blasted of God, and so cannot profit the people at all, being such as do not stand in Gods Counsel, for then they should have turned the people from their evil way, and so they are not apt to teach others when they are not taught of God, but steal his words every one from their Neighbour, clearly discovering they are not sent of Him Ier. 23. 21, 22, 30, 32. And because they do not stand in Gods Counsel, they cannot declare all the Counsel of God, Act. 20. 27. For they can neither be apt to teach repentance towards God, since they cannot be supposed to be sensible of these sins to be repented of, for which the Land perisheth & is burnt up like a wilderness, Ier. 9. 12. for then they would first repent themselves of their oun Conformity with Prelacy, of their breach of Covenant &c. All that they can

do in such a subject is, to see vain & foolish things, and not to discover the Lands intiquity, but to see false burdens, & causes of banishment, Lam. 2. 14. Nor can they be apt to teach faith, seing in many things they teach otherwise than Christ hath taught us in his word, and consen•• not to whole∣some words and to the Doctrine which is according to God∣lyness from such the Command is to withdraw, 1. Tim. 6. 3-5. whose Mouths must be stopped when they teach things which they ought not, Tit. 1. 9-11. which is undenyable to all that know what sort of stuff they Preach, contrary to the word of God, and the principles of our Covenanted Reformation. Hence if none of them be apt to teach, then none of them is fit to be heard;

But none of them is apt to teach: Ergo—It is true private Chri∣stians may not judge of the enduements & qualifications of Ministers, yet every private Christian h••th the judg∣ment of discretion, and that way may judge such an one if he appear qualified according to the rule of the word; And may doubt if he be a qualified Minister Coram Deo, wanting these qualifications which the word requireth, Apol. Relation Sect 15. p. 283.

Secondly, They have not the Lawful Call of a Minister of Christ, So much as an External Call of his Institution: which I prove thus. They that have Presentations from Patrons, & Collations from Prelats, and no more for a Call, have no Lawfull Call at all: But the Curats have presentations from Patrons, & collations from Prelats, and no more for a Call: Ergo they have no Lawful Call at all.

The Minor cannot be doubted: for in this Government, the Ministers Mis∣sion, Call, Ordination, and Relation to such a people over whom he is to officiate, flowes all from the Pre∣late; the Congregational Eldership hath not the least interest in it: hence the Presbyterian way of Calling Pastors was ranversed by the Parliament, when Prelacy was set up, and the old custome of Patronages was resto∣red, Rectius Instru. Consut. of 1 Dial. chap. 4. pag. 3.

The Major proposition may be proven by parts. First, presen∣tations from Patrons cannot give a Lawful Call: for besides what other reasons might be given against this old relict of

Popish bondage of patronages; It destroyes that priviledge & Liberty of the Church in calling their oun Pastors, and makes all Intruders, without the Churches choice; where∣as the flock are allowed a Judgment of Discretion, knowledge of, & consent to the admission of their Pastors, to whom they intrust their Souls Directions, before they be subject & obey him in the Lord, for otherwise he is a stranger that hath not come in at the door, and they must not, nor will not be imposed upon, Iohn. 10. 1-5. They had an Interest in choosing & nominating even the Apo∣stles, though there were other Apostles of infallible know∣ledge as to qualifications, present to ordain them: And they appointed two to be chosen by Lots, Act. 1. 23. and even the Deacons were looked out & chosen by the people, and appointed over their business Act. 6. 3. Much less ought Ministers, to be thrust upon such a weighty employ∣ment,

to pleasure Great Men who are Patrons, since in their faithfulness the people are infinitely more con∣cerned. Rectius Instruen. ubi Supra.

Hence, if the Curates have no Call but what destroyes the Peoples Priviledge, they have no Lawful Call at all, neither ought they to be ouned or Countenanced as Called Ministers: But by the Presen∣tation of Patrons they have no Call, but what destroyes the peoples Priviledge: Ergo—Next Collations from Prelats cannot give a lawful Call: for (1) they cannot give that to others which they have not themselves: But they have not a Lawful Call themselves, because they are not Lawful officers, as is clear, & may be proven afterwards. (2) The only way of Conveyance of an ordinary Call to this office, is by the Act of a Presbytrie, Tim. 4. 14. And by Ministers their ordaining Elders in every Church, with the Consent of that Church: But a Prelats Collation is not this Act of a Presbytrie. (3) That which only makes a man a Prelats Depute, cannot give him a Call to the Mi∣nistry of Christ: But this Collation only makes a man a Prelats Depute. Or thus, A Prelats Depute is no Mini∣ster: But a Curate is a Prelats Depute: Ergo—That a Prelats Depute is no Minister, I Prove: not only from that, that a Prelat qua talis is not a servant of Christ but an

enemy, and therefore cannot confer upon another that Dignity to be Christs Servant; but from this, that the Scripture allowes no Derivation of deputed Officers. If no Officers of Christ can have Deputes of Christs Institu∣tion; then the Deputes that they make cannot be Christs Officers of His Institution: But no Officers of Christ can have Deputes by Christs Institution: every man that hath any piece of Stewardship in Gods family, must ever see & execute it immediatly by himself, & wait upon it Rom. 12. 7, 8. That Curats are Prelats Deputes is clear: for they are subject to them in order & jurisdiction, and derive all their Power from them, and are accountable to them. There∣fore they cannot be acknowledged with confidence of conscience to be Christs Ministers, because they have not such a visible evidence of the Call of Christ,

as in reason & charity doth oblige all men to receive the person so called, as truely sent: which things are so evident in themselves, that whoever denyeth them, is obliged by the same consequence to affirm, that if Simon Magus had in his horrid wickednesse purchased the Apostleship by money, the Christian world had been bound to receive him as an Apostle, Napht. p. 105. 106. Prior Edit.

That their Ministry is the Lords Ordinance he plainly denyed, Napht. pag. 109. They have nothing like a solemn ordina∣nation,

having no imposition of hands of the Presbytrie with fasting & prayer, according to the order of the Gospel, but the sole warrand & mission of the Prelat, and therefore it cannot be Lawful to countenance such, and to look upon them as Lawful Ministers Apol. Relat. Sect. 15. pag. 283.

It will be objected here. 1. That then their baptism is no baptisme, if they be no Ministers. Ans.

(1) what sad consequences may follow upon the nulling of their office, let them see to it who either send such ••orth or employ them. Apol. Relat. ibid. pag. 294.

the best way to avoid these inconveniences is not to counte∣nance them. But (2) the same Answers may serve which are adduced for Popish Baptismes & ordinations: And factum sometimes valet, quod fieri non debuit. Next it will be Obj. 2. That many of the Curats were in the Ministrie be∣fore,

therefore the Argument is not stringent against them. Ans. The one half of it about the qualifications does still urge them, through the want of which, and their base Treachery & betraying their trust, and perjuries in break∣ing Covenant, they have really forfaulted their Ministry, and loosed all from an obligation to hear them, or any other to whom these Scripture Characters may be applyed, and brings all under the guilt of partaking with them that hear them.

II. It is necessary also, that all whom we may lawfully hear as Ministers & Ambassadours of Christ, should not only have had a commission from Christ, sometimes con∣veyed to them in his orderly appointed way, by & from approven Church officers; but they must have it then when we hear them, at this time when we oune Communion with them. For if they have sometimes had it, and fore∣faulted it or changed it, by taking anew right another way, it is all one in point of ouning them as if they had none at all: and we must not medle with such changelings, in things that they & we must not come & go upon Prov. 24. 21. Now plain it is that some Curats sometimes had a com∣mission from Christ, when they were Presbyters; but now they have changed their holding, and taken a new right from them who are no Officers of Christ, invested with power to confirm or Convey a Ministerial Mission, and so they have forefaulted what they had Mr Durham, in a digression on this subject of hearing, shewes that Ministers may forefeit on Revel. chap. 1. pag. 55. in 4 ^to.

In matter of hearing (sayes he) it is not so hard to discern, who are to be counted to speak without Gods commission; be∣cause ordinarely such have no warrantable Call at all (no not in the outward forme, and so cannot be counted but to run unsent) or by palpable defection from the Truth, and Commission given them in that Call, they have fore∣feited their commission: And so no more are to be count∣ed Ambassadours of Christ, or Watchmen of His flock, than a Watchmen of the City is to be accounted an ob∣server thereof, when he hath publickly made defection to the Enemy, and taken on with him.

Let the Indulg∣ed

and Addressing Ministers advert to this; And consider, whether or not the truly tender have reason to discounte∣nance them, while they continue in their palpable defe∣ction. But undenyably this refells that Objection of the Curats Ordination before they were Curats: For they that change their holding of a right, and take a new right which is null, they forego & forefeit their old right, & all right: But the Prelatick Curats have changed their holding of their right, and taken a new one which is null: Therefore they have foregone & forefeited their old one. The minor I prove thus. They who had aright from Christ by Con∣veyance of His officers, and take a new grant for the ex∣ercise of it, not from Christ, but by conveyance of such as are none of His officers, they change their hold••ng and take a new one which is null: But the Prelatick Curats who had a right by conveyance of His officers, have taken a new grant for the exercise of it, not from Christ, but by con∣veyance of the Prelat, which is none of His officers: Ergo —The stress of all will ly in the Probation of this, that the Prelat is none of Christs officers, and therefore the conveyance of a power from him is not from Christ. Which I prove. 1. Because His office is cross to the very nature of Gospel Church-Government, and therefore he cannot be a Gospel Church Ruler. Christ discharged His officers to exercise Dominion (or Lordship Luk. 22. 25.) or Autho∣rity as the Gentils did, but that the Chiefest should be only a Minister Math. 22. 25, 26. The Apostle Paul disclaims Dominion over the Church, 2 Cor. 1. ult. Peter exhorts the Elders not to be Lords over Gods Heritage 1 Pet. 5. 3. The Authority of Church officers then is not a Desp••tick power, but a Ministerial Stewardship. But the Diocesan Bishop is both a Lordly Title & Power, having all Authority in the Diocess derived from him, as being as it were the Uni∣versal Pastor, and so taking upon him a power, which is nei∣ther commanded, nor can be discharged. Hence, he that subjects his His Ministrie to the Domination of a strange Lord, inverting the Nature of Gospel Church-Govern∣ment, cannot be ouned in His Ministrie: But all Curats subject their Ministry &c. Ergo—2. Because he is an

officer Distinct from & superior to a Presbyter or Pastor; where∣as the Scripture makes a Bishop and Presbyter all one. The Elders of the Church of Ephesus are called Episcopi or Over∣seers Act. 20. 17. 28. An ordainded Elder must be a blame∣less Bishop, as the steward of God, Tit. 1. 5, 7. Again, it cannot be shown where the Scripture mentions either Name, qualification, work, Duty, or ordination of an ordinary Church officer Superior to Presbyters, and which are not likewise appropriat to them, who are called Rulers, Governours, Bishops. In all the Holy Ghost His purposed recitalls of ordinary Church Officers, there is not the least hint of a Diocesan Bishop: and yet a Deacon is described, the meanest officer, in His work & qualifications. Hence then, if this Diocesan Prelate be such an uncouth beast, that neither in name nor Nature is found in the word of God, all the power derived from him is null: But the first is true: Ergo—3. Because every Officer in the Scrip∣ture relates to the flock (except the extraordinary Officers, who were further extended, now ceased) Bishops of Ephesus were overseers over the flock Act. 20. the Elders that Peter writes to were over the flock. But this Diocesan Antiscriptural Monster, pretends to be over the Shepherds: And invents new Degrees & orders of Superiority & infe∣riority, of officers of the same kind, beside & against the Scripture, which makes all Apostles alike, & all Evange∣lists, so all Teachers: though there be a Distinction & Supe∣riority in diverse Kinds, yet not in the same. God hath set some in the Church, first Apostles, Secondarly Pro∣phets, thirdly Teachers 1 Cor. 12. 28. but not among Teach∣ers some above others, in a power of order & Jurisdiction. Hence, an Officer over officers of the same kind is not an Officer of Christs institution, And consequently any power conveyed from his is null: But a Prelat pretends to be an officer over Officers of the same kind: Ergo—4. Because every officer in the Church hath equally, and in perfect parity, equall power & Authority allowed them of God in the exercise of both the keyes, both of order & Jurisdiction: All ruling Elders may rule alike, and deserve equal honour: And all Preaching Elders have the like Au∣thority,

and the like honour conferred upon them 1 Tim. 6. 17. The scripture attributes both power of Order & Juris∣diction to all Preaching Presbyters equally. They must oversee the flock (or as the word is, do the part of a Bishop over them) Act. 20. 28. and they must also feed the flock 1 Pet. 5. 2. Subjection & obedience is one, to them all alike: All that are over us and admonish us, we must esteem highly for their works sake 1 Thess. 5. 12. and obey & submit our selves to them that watch for our souls Heb. 13. 17. we find also excommunication belongs to all alike 2 Cor. 2. 6. and ordination 1 Tim. 4. 14. But the Diocesan Prelat takes from Presby∣ters to himself power of ordination, assuming only his Cu∣rats for fashions sake, and the sole decisive power in Church Judicatories, wherein he hath a Negative voice; like a Diotrephes, the first Prelat who loved to have the preeminence 3 Iohn. 9. the only precedent for Prelacy in the Scripture. Hence, he that would take all power to him∣self, which is undivided & equall to all officers by Christs appointment, hath none by Christs allowance, but is to be reckoned an usurping Diotrephes: But the Diocesan Prelat would take all the power to himself, which is un∣divided & equall to all. By all which it appears, the pre∣late being no Authorized Church Officer of Christs, no Authority can be derived from him; And so that such as betake themselves to this pretended power for warranting them in the function, can warrantably claim no deference thereupon, nor can be ouned as Ministers whatever they were before.

For this were an acknowledging of the power & Authority of Prelats (especially when the Law com∣mands our hearing as a submitting to them.) The reason is because these men came forth from the Prelat, having no other call or warrant but what the Prelat giveth. And so a receiving of them will be a receiving of the Prelate, as a refusing of them will be accounted a slighting of the Pre∣lat & his power. Apol. Relat. 15. pag. 272.

III. It is necessare also, that all with whom we oune Communion as Ministers, should be Christs Ambassa∣dours, having then when we hear them, and holding still their Commission from Christ as King, and only Head of

His Church; conveyed not only from Church officers, in a way that He hath revealed as the Prophet of His Church, but in a way of Dependence upon & subordination to Christ as King, who ascending far above Principalities & Powers, appointed & gave the Gifts of the Ministry Eph. 4. 8. 11. and set them in the Church 1. Cor. 12. 28. and gave them com∣mission to go & teach the Nations, by virtue of that all Power that was given to Him in Heaven & Earth Math. 28. 18, 19. If then they take a new holding & close with a new Conveyance of the Ministrie, and of the Power to exer∣cise the same, from a new Architectonick usurped Power in the Church, encroaching on Christs Royal prerogative, we dare not Homologat such an affront to Christ, as to give them the respect of His Ambassadours, when they become the servants of men, and subject even in Mini∣sterial functions to another Head then Christ; for then they are the Ministers of men, & by men, and not by Jesus Christ, and God the Father, who raised Him from the dead, because they do not hold the Head, Col. 2. 19. Hence those that receive & derive their Church-Power from, and are subordinate in its exercise to, another Head then Christ Jesus, should not be received and subjected to as the Mi∣nisters of Christ in His Church: But the Prelats & their curats do receive & derive their Church Power from, & are subordinate in its exercise to, another Head then Christ: Therefore they should not be received &c. The first Pro∣position cannot be denyed. The Second is proved thus: Those officers in the Church, Professing themselves such, that derive their Church-Power from, & are subordinate in its exercise to, a Power truly Architectonick & Supreme in the Church (to wit the Magistrate) beside Christ; Do derive their Power from & are subordinate in its exercise to another Head than Christ Jesus: But so it is that Prelats & their Curats do derive &c. Ergo—The Major is evident: for whosoever hath a Supreme Architectonick Power in & over the Church, must be a Head to the same, and the fountain of all Church Power. The Minor is also clear, from the foregoing Historical Deduction, manifest∣ing the Present Prelacy to be Gross Erastianisme: for the

disposal of the Government of the Church is declared by Law to be the Croun right and an inherent perpetual Prero∣gative, and thereupon the Bishops are restored to the Epis∣copal function; And it is expressly Declared, that there is no Church Power in the Church-office bearers, but what depends upon & is subordinate unto the Supremacy, and authorized by the Bishops, who are declared accountable to the King for the Administration. By virtue of which Ecclesiastick Supremacy, He put excomunication & spiritual Censures, & consequently the Power of the Keyes, into the hands of Persons meerly Civil, in the Act for the High Commission. Hence it is clear, that as the fountain of all Church Government, he imparts his Authority to such as he pleases, and the Bishops are nothing else but his Com∣missioners in the exercise of that Ecclesiastick power, which is originally in Himself, and that the Curats are only His under Clerks. All the stress will lie in proving, that this Monster of a Supremacy, from which the Prelats & their Curats have all their Authority, is a Great Encroachment on the Glory of Christ as King: which will appear if we briefly consider these Particulars. 1. It usurps upon Christs Prerogative, who only hath all undoubted right to this Architectonick & Magisterial Dominion over the Church, His oun Mediatory Kingdom: not only an Essential right by His Eternal Godhead, being the Everlasting Father, whose goings forth hath been of old from Everlasting Isa. 9. 6. Mic. 5. 2. in recognizance of which, we oune but one God the Father, and one Lord, by whom are all things & we by Him 1. Cor. 8. 6. But also a Covenant-right, by Com∣pact with the Father, to bear the Glory & rule upon His Throne, by virtue of the Counsel of Peace between them both Zech. 6. 13. A Donative right by the Fathers Delega∣tion, by which He hath all power given in Heaven & in Earth, Math. 28. 18. and all things given unto His hand Iohn. 3. 35. and all judgment & Authority to execute it, even because He is the Son of man, Iohn. 5. 22, 27. and to be Head over all things to the Church Eph. 1. 22. An Institute right, by the Fathers inaugaration, who hath set Him as King in Zion, Psal. 2. 6. and appointed Him Governour,

that shall rule His people Israel Math. 2. 6. An Acquisite right, by His oun purchase, by which He hath merited & obtained, not only subjects to Govern, but the Glory of the Sole Soveraignty over them in that relation, A name above every name Phil. 2. 9. which is, that He is the Head of the Church, which is as much His Peculiar Prerogative, as to be Saviour of the body Eph. 5. 23. A Bellical right by Con∣quest, making the people fall under Him, Psal. 45. 4. and be willing in the Day of His power, Psal. 110. 3. and over∣coming those that make war with Him, Rev. 17. 14. An Hereditary right by Proximity of blood & Primogeniture, being the first born higher then the Kings of the Earth, Psal. 89. 27. and the first born from the dead, that in all things He might have the preeminence, Col. 1. 18. An Elective right, by His peoples choise & surrender, having a Croun where∣with His Mother Crouned Him, in the day of His Espousals Cant, 3. ult. By all which undoubted Titles, It is His Sole incommunicable Prerogative, without a Copartner or Competitor, Coordinate or subordinate, to be Iudge, & only Lawgiver & King in Spirituals, Isa. 33. 22. to be that one Lawgiver, Iam. 4. 12. who only can give the power of the keyes to His officers, (which Comprehends all the power they have) Math. 16. 19. to be that one Master over all Church officers, who are but brethren, Math. 23. 8, 10. in whose Name only they must perform all Church Acts, and all Parts of their Ministry, and not in the Name of any Mortal, Math. 28. 18. 19. Math. 18. 20. from whom only they receive what ever they have to deliver to the Church 1. Cor. 11. 23. To be the only Instituter of His Officers, who hath set them in the Church 1. Cor. 12. 28. and gave them to the Church Eph. 4. 11. whose Ambassadours only they are 2. Cor. 5. 20. from whom they have authority for edification of the Church 2 Cor. 10. 8. 2 Cor. 13. 10. in whose Name only they are to assemble, and keep & fence their Courts, both the least, Math. 18. 20. and the Greatest Act. 15. But now all this is usurped by one who is not so much as a Church member, let be a Church Officer, as such: for the Magistrate is neither, as he is a Magistrate, otherwise all Magistrats would be Church members.

Hence they that have all their power from a meer usurper on Christs Prerogative, who is neither member nor officer of the Church, have none at all to be ouned or received as His Lawful Ambassadours: But the Prelats & their Curats have all their power from a meer usurper on Christs Pre∣rogative, who is neither Member nor officer of the Church: Ergo—2. It confounds the Mediatory Kingdom of Christ with, & subjects it to, the Kingly Government of the world, removes the Seripture Land Marks & Limits between civil & Ecclesiastick Powers; in making the Go∣vernours of the State to be Governours of the Church, and denying all Church Government in the hands of Church officers, Distinct from & independent upon the civil Ma∣gistrat: which clearly derogats from the Glory of Christs Mediatory Kingdom, which is altogether distinct from & not subordinate to the Government of the world, both in the Old Testament & in the New. For, they have distinct fountains whence they flow: civil Government flowes from God Creator, Church Government from Christ the Lord Redeemer, Head & King of His Church, whose Kingdom is not of this world, Iohn. 18. 36. though for this end He came into the world, that He should have a King∣dom there, vers. 37. They have distinct Objects: civil Government hath a civil object, the out ward man; Church Government a Spiritual object, men considered as Christians: In the Old Testament, the matters of the Lord are clearly distinguished from the matters of the King 2 Chron. 19. ult. In the new Testament, there are matters of Church Cognizance which do not at all belong to the civil Magi∣strate; as in the case of offence, they must tell the Church, not the civil Magistrate Math. 18. 15. 20. In the case of Excommunication, the Church is to act by virtue of the power of our Lord Jesus Christ 1 Cor. 5. 4, 5. not by the Magistrats power; In the case of Absolution, the Church is to Iudge what Punishment is sufficient, and what evidence of re∣pentance is sufficient to remove it, 2 Cor. 2. 6. 7. So in the case of Tryal & ordination of Ministers &c. None of these belong to the Magistrate. They have distinct Natures: The civil is a Magisterial, the Ecclesiastick is a Minsterial Go∣vernment;

the one is the power of the sword, the other of the Keyes; The one put forth in Political Punishments, the other in Ecclesiastick Censures: In the Old Testa∣ment, the Magistrats power was Coactive, by death, banishment, Confiscation &c. Ezra. 7. 26. The Church, by puting out of the Synagogue, interdiction from Sacred things &c. In the New Testament, The Magistrats power is described Rom. 13. to be that of the sword by punishment; the power of the Church only in binding & Loosing, Math. 16. 19. They have distinct Ends: the end of the one being the good of the Common wealth, the other the Churches Edification: In the Old Testament, the end of the civil Government was one thing, and of the Church another, to wit, to warn not to trespass against the Lord, in that forecited 2. Chron. 19. 10. In the New Testament, the end of Magistratical power is to be a terror to evil works, & a praise te the good, Rom. 13. 3. but the end of Church power is Edification 1 Cor. 5. 5. 2 Cor. 10. 8. 2. Cor. 13. 10. They have distinct Courts of officers: In the Old Testament, the distinction of the civil & Ecclesiastick Sanhedrin is known, where there were distinct causes, & Persons set over them to judge them respectively 2. Chron. 19. ult. In the New Testament, we find officers given unto the Church 1 Cor. 12. 28. with no mention of the civil Magistrate at all, And Church-Assemblies distinct from Parliaments or senats (yea when the Magistrate was an Enemy) determining que∣stions that did not belong to the Magistrate at all Act. 15. we have Rulers distinct from the Rulers of the Common wealth 1 Thess. 5. 12. whom we are to obey and submit our selves as those who are accountable to Christ only, for to whom else can they give account of souls? Heb. 13. 17. we have Rulers inferiour to Labourers in word & doctrine, not to be honoured so much as they: Sure these cannot be civil Rulers 1 Tim. 5. 17. we have Rulers commended for trying Impostors, which were not Magistrats, Rev. 2. 2. And others who are rebuked for suffering Hereticks ibid. vers. 14, 15, 20. which supposes they had Authority to do it; yet distinct from & not depending on the Magistrate. Besides from this confusion of the two Governments to∣gether,

and making the Supreme Magistrate to be Supre∣me Governour of the Church, would follow many ab∣surdities; as that They who are not Church members should be Church officers, even Heathen Magistrats; yea women should be Church officers; and none should be chosen for Magistrats, but such as have the qualifications of Church officers. Sic Apol. Relat. Sect. 12. pag. 190. Rectius Instruen. Confut. 1 Dial. chap. 6. pag. 50. Hence, they that in deriving their Authority do confound the tuo Govern∣ments, civil & Ecclesiastick, and take it all from a meer civil power, cannot be ouned as having any Authority of Christs Institution: But the Prelats & their Curats, in deriving their Authority, do confound the tuo Govern∣ments civil & Ecclesiastick and take it all from a meer civil power. This same Argument equally militates against hearing the Indulged Ministers who have taken a Licence & warrand from the Usurper of this Supremacy: because it is highly injurious to Christs Headship; very contrary to to Presbyterian Principles; clearly Homologatorie of the Supremacy; plainly Prejudicial to the power of the people; very much establishing Erastianisme; Sadly ob∣structive & destructive to the good of the Church; wrong∣ing our cause & ground of suffering; Strengthening the Prelats hands; contradictory to our Covenants▪ Prejudging the Meetings of Gods people; and heinously Scandalous & offensive: As is clear by, & unanswerably poven in the History of the Indulgence.

IV. There is a necessity that any man whom we may Joine with as a Minister, must not only be a minister, and a Minister cloathed with Christs commission then when we Joins with Him, but He must also have a right to ad∣minister there where we Ioin with Him. Else we can look upon him no otherwise than a thief & a robber. whom Christs sheep should not hear Io. 10. 1-5. Now the Pre∣lats & Curats, though they should he accounted & ac∣knowledged Ministers, yet they have not a right to officiate where they have intruded themselves. Hence we have several Arguments, as. 1. They who have no just Autho∣rity, nor right to officiate fixedly in this Church as the

proper Pastors of it, ought not to be Received but with∣drawen from: But the Prelats & their Curats have no just Authority, or right to officiate in this Church as her proper Pastors: Therefore they ought not to be received, but withdrawen from. All the debate is about the Minor, which may thus be made good. They who have entered into & do officiate fixedly in this Church, without her Authority & Consent, have no right so to do: But the Prelats & their Curats have entered into & officiate fixedly in this Church, without her Authority & Consent: Ergo— The Major is manifest: for if this Church have a just right & power of Electing & Calling of Ministers, then they who enter into & officiate fixedly in this Church, without her Authority & Consent, have no just Authority or right so to do: But this Church hath a just right & power of Electing & Calling of Ministers, as all true Churches have And, if it were not evident from what is said above, might be easily demonstrated from Scripture. The minor, to wit, that the Prelats & their Curats have entered into & officiate fixedly in this Church, without her Authority & consent, is evident, from matter of fact: for there was no Church Judicatory called or convocated, for bringing of Prelats in to this Church; but on the contrary her Judicatories were all cashiered & discharged, and all her officers turned out to let them in; And all was done immediatly by the King & Acts of Parliament without the Church; A practice wanting a Precedent in this and (for any thing we know) in all other Churches: All that the Curats can say is, that they came in by the Bishop & Patron, who are not the Church, nor have any power from her for what they do; all their right & power is founded upon & derived from the Supremacy, whereby the Diocesan Erastian Prelat is made the Kings Delegate & substitute, only impowered thereto by his Law. This is Mr Smiths 1^st & 6 Argum.

If we suppose a particular Congregation acknowledging their oun Lawful Pastor, and a few violent Persons arise and bring in a Minister by plain force, and cast out their Lawful Pastor; Are not the faithful in that Church obli∣ged to relinquish the Intruder, and not only Discounte∣nance

him, but endeavour his ejection? This is our case Napth. Pag. 106. § 5. Prior Edit. 2.

If we cannot sub∣mit to these Curats, without consenting to the great En∣croachments made upon the Priviledges of this Church, then we cannot submit to them without sin: But we can∣not submit to them without consenting to the great En∣croachments made upon the Priviledges of this Church: Therefore we cannot submit to them without sin. The Minor is all the question: but instances will make it out. As first, The robbing of the Church of the Priviledge of Election of her Pastors, and substituting the bondage of Patrons presentations, is a great Encroachment upon the Priviledge of this Church: But accepting of Curats as Mi∣nisters Lawfully called, notwithstanding that they want the Election of the people, and have nothing for their warrant but a presentation from the Patron, were a Con∣senting to that Robberie and wicked Substitution. It will be of no force to say, our forefathers did submit to this, and to a Ministry who had no other Call. This is answered above in the Narrative: Its a poor Consequence to say, the posterity may return backward, because their forefathers could not advance further forward. Secondly, the thrust∣ing out of Lawfull Ministers without any Cause but their adhering to the Covenanted work of Reformation, and the thrusting in others in their rooms who denyed the same, is a great Encroachment on the Churches Priviledges; But embracing & encouraging Curats by countenancing their pretended Ministry were a consenting to this violent ex∣trusion & intrusion. The minor is proven thus. They who leave the extruded & countenance the Intruded, they con∣sent to the extrusion & intrusion, and declare they confess the Intruded his right is better than his who is extruded; But they who embrace & encourage Curats by counte∣nancing their pretended Ministry, do leave the extruded, to wit, their old Ministers, and countenance the intruded: Ergo—To say, that people in this case should protest against these Encroachments, is frivolous; for withdraw∣ing is the best protestation: And if after their protestation they still countenance the Encroachment, they should

undo their oun protestation. The same Argument will militate against countenancing the Indulged, or any that obtained Authority to Preach in any place by a power en∣croaching on the Churches Liberties. There is an objection to be removed here, from Math. 23. 2, 3. The Scribes & Pharisees sit in Moses Chair, therefore whatever they bid yow observe, that observe & do; therefore they who without a title usurpe the office may be heard. Ans. 1. The case is no wayes alike; for then the Lord had no other Church in the world but that, which was confined in its Solemnities of worship to that place, where they intruded themselves: He had not yet instituted the New Testament forme of Ad∣ministration, in its ordinances & Officers. Therefore the Head of the Church being present might give a Toleration, Durante beneplacito: But it is not so now. But 2. Our Lords words bears no command for the people to hear them at all, but only not to reject sound Doctrine, because it came from them: Surely he would not bid them hear such, as He calls Plants that His Father had never planted, whom He bids let alone, Math. 15. 13, 14. and who were Thieves & Robbers whom His Sheep should not hear.

V. They must not only be Ministers, & acknowledged as such then and there, when & where we joine with them; but they must be such as we can oune Church Communion with in the Ordinances administrated by them, as to the matter of them. Otherwise if they pervert & corrupt their Ministrie, by preaching & maintaining errors, either in Doctrine, Worship, Discipline, or Government, con∣trare to the Scriptures, our Confessions, & principles of our Covenanted Reformation, and contradictory to our Testimony founded thereupon & aggreable thereunto, maintaining errors condemned thereby, or condemning Truths maintained thereby, we must withdraw from them. For if any seek to turn us away from the Lord our God, we most put away that evil & not consent nor hearken to them, Deut. 13. 5, 8. We must cease to hear the instruction that causeth to erre from the words of knowledge, Prov. 19. 27. we must have a care of these Leaders that will cause us to erre lest we be destroyed with them Isa. 9. 16. we must mark

these who contradict the Doctrine that we have Learned, & avoid them Rom. 16. 17. If any man teach otherwise we must withdraw our selves from such 1 Tim. 6. 3, 5. If there come any & bring not this Doctrine, we must not receive him, nor bid him God speed, in that work of his preaching or practising against any of the Truths, we have received from the word 2 Iohn 10, 11. Hence we most not hear false Teachers, who in preaching & prayer bring forth false Doctrine contrary to the principles of our Reforma∣tion: But the Curats are false Teachers, who in preaching & prayer bring forth salse Doctrine &c. Therefore we must not hear them. The Minor is certain, in that not only many of them are tainted with points of Poperie & Ar••inianisme; but all of them do teach false Doctrine tending to seduce the hearers; when in their preaching they cry up the Law∣fullnesse of Prelacy, and vent bitter invectives against Pres∣byterian Government, condemn the work of Reformation, and enveigh against the Covenant, and so teach & encou∣rage people to follow them in open perjurie, and con∣demning all our Testimony, as nothing but Treason & Se∣dition; which we are perswaded is Truth, and that there∣fore they are Blasphemers: And in their prayers, stuffed with error & larded with Blasphemy, they reproach the work of Reformation, & the power of Godlyness, and pray for a blessing on the Prelats, and on their courses which are cursed; besides their parasitick prayers for the King, to be blessed in his Government when stated in op∣position to Christ, and severall other things that tender consciences cannot go along with them therein. And yet if they hear them they must go along and actively concur with them, as their mouth to God. If it be obj••cted here: That this doth not strike against all, nor against any at all times, because some Preaches always sound Doctrine, and all preach sometime sound Doctrine; and the like may be said of their prayers: Therefore sometimes at least they may be heard. I ans. 1. This may be alledged for all Here∣ticks, who do all at sometimes preach sound Doctrine, and yet these Scriptures are stringent against them at all times, which I have adduced: for by these fr••its which

they bring forth at sometimes, they shew themselves to be such as we must beware of at all times. 2. We cannot know when they will Preach sound Doctrine, seeing by their subjection to that Government, they are obliged to maintain Prelacy, and impugne our Covenanted con∣stitution.

VI. They must not only be such as we can Joine with in the Ordinances as to the Matter of them, but in the manner also they must be such Administrators, as we are obliged in charity to think the Lord will approve of them, & their Ad∣ministrations, & of us in our Communion with them; Or at least that in their manner of Dispensing ordinances, they be not such as we find are under a recorded sentance of dreadful punishment, both against them & their partakers: for if it be so, it is as sufficient a ground to withdraw from them, as for men to withdraw from a Company staying in a house, that they see will fall & smother them in its ruin; yea it is as warrantable to separate from them, as for Israel to separate themselves from the Congregation of the Rebells who were to be consumed in a moment, Numb. 16. 21. or for the Lords people to come out of Babylon, that they receive not of her plagues Rev. 18. 4. Now we find that not only the Prophets of Baal, and Inticers to Idolatrie, and Leaders to error upon the matter are threatened, and the people for adhering to them but we find also (as is observed by Rect. Instruend. confut. dial. chap. 1. pag. 21.) many terrible charges & Adjurations laid upon Ministers, in reference to a faithful Diligence in their Ministerial fun∣ction, and a suitable Testimony concerning the sin & duty of the time, that they are commanded to cry aloud and shew the people their sin, Isa. 58. 1. and as they would not have the blood of souls upon them, to give faithful warning touching the peoples case & hazard, sin, & duty, especially in times of great sin & judgment, when God is terribly pleading His Controversie with them, Ezek. 3. 17. there∣fore they must be instant in season & out of season 2 Tim. 4. 2. And for their negligence & unfaithfulness herein, we find many Scripture woes & threatenings thundered against them. When in the deceit of their oun heart they pro∣mise

assured Peace, when the Lord is pleading against a Generation, they are threatened to be consumed with sword & famine, and the people to whom they Prophecie shall be cast out in the Streets, Ier. 14. 13. 15. 16. therefore we dare not ad∣mit them to Prophecie to us. When they strengthen the hands & harden the hearts of evil-doers, that none doeth return from his wickedness, the Lord threatens to feed them with wormwood, & commands not to hearken to them, Ier. 23. 14-16. their blood shall be required at their hands Ezek. 3. 18. one builds a wall, and another daubs it with untempered morter, then ye o great hailstones shall fall, and they shall be consumed in the midst thereof Ezek. 13. 10, 11, 14, 18, 22. we dare not joine with either builders or dau∣bers of such a work, as is carried on to the dishonour of Christ & ruining of Reformation, nor by our countenance & concurrence strengthen either builders or daubers. lest we also be consumed in the midst thereof. When there is a Conspiracy of the Prophets, and the Priests violate the Law, and profane holy things, and shew no difference between the unclean & the clean then the Lord will pour out His Indignation upon all, Ezek. 22. 25—ad••fin. We would endeavour to keep our selves free of having any hand in that Conspiracy. These Scriptures do give the perfect pourtracture of our Curats, in the conviction of all that know them. Hence we draw a complexe Argument: Such Ministers as can do no good by their Ministrie, but a great deal of hurt to their hearers, and expose themselves & them both to the Indignation of a jealous God, are not to be heard: But the Curats are such as can do no good by their Ministrie, but a great deal of hurt to their hearers, and expose themselves and them both to the Indignation of the jealous Lord: Therefore they are not to be heard. The connexion of the Major is clear from what is said above. The Minor is also evident from the application of these Scriptures, thus: They that in the deceit of their oun heart promise Peace to, and strengthen the hands of evil doers, and give them not warning, but seduce them by daubing their wickedness, and shew no difference be∣tween the unclean & the clean &c. are such as can do no

good by their Ministrie, but a great deal of hurt to hearers, and expose themselves and them both to the Indignation of God: But the Curats are such: and all others who are so unfaithful as give no warning against but Justifie the sins of the times. To be short, the Minor of both these fore∣going Arguments is evident from the experience of all that go to the Curats, who wrong thereby their oun souls, mar their edification, & run to Cisterns without water. What blessing can be expected upon the labours of such, who having perjured themselves in taking on with the Prelats, are prosecuting that Course of defection, and making themselves Captains to lead the people back to Egypt, en∣couraging profanity & wickedness, being themselves Pat∣terns & Patrons of the times corruptions? And seeing a blessing cannot be expected upon their labours, but rather a curse, as daylie experience maketh good, when instead of any work of conversion or conviction among people, there is nothing seen but a fearful hardening in profanity ignorance & Atheisme; so that many that seemed to have somewhat like Religion before, through hearing of them, are turned loose & laxe in all Duties: yea never can it be instanced these 27 years, that they have brought one soul to Christ, from darkness to light, and from the power of Satan unto God; but many instances might be given of their mur∣dering souls, as indeed they can not be free of it, who can∣not warn nor declare the whole Counsel of God. Hence these who cannot but be soul-Murderers, may not be heard nor intertained as Soul-Phisicians: But the Curats cannot but be soul-Murderers: Again we can expect no good from them, but a great deal of hurt: Seeing their Mini∣strie is not the Lords Ordrnance, which He will approve, and no performances can be acceptable unto the Lord which are not, in manner as well as in matter aggreeable to His will: hence the wickedness even of the Lords Law∣ful Priests, not only caused the people to abhor the offerings of the Lord, but even the Lord Himself to abhor His San∣ctuary, and to account their incense an abomination, so that He could not away with the Calling of their Assemb∣lies, which yet upon the matter were duties. Should

not we then hate that which the Lord hates, and with∣draw from that which He hath forsaken? But the Meet∣ings of the Curats for Administration of Ordinances in their way, the Lord hates, and hath signally forsaken: There∣fore we should hate & forsake them. This is confirmed by what Mr Durham sayes in that digression about hearing

Revel. 1. pag. 55. in 4^to. seeing edification is Gods gift, can it be expected but in his way, Or can that be accounted His way which He hath not warranted.

VII. As we would not partake of their Judgment in countenancing of their Administration of Ordinances, so we would keep our selves free from all participation of their sin. For we must not be partakers with any in sin, nor have fellowship with the unfruitful works of darkness, that we must reprove, and that we find the Lord reproves & condemns, Eph. 5. 7, 11. And not only Ministers in or∣daining, but people in hearing, may be in hazard of par∣taking of some mens sins who enter into the Ministry 1 Tim. 5. 22. we must keep at the greatest distance from sin. Hence if we cannot hear the Curats without partaking of their sin, then we must not hear them: But we cannot hear the Cu∣rats without partaking of their sin. Therefore we must not hear them. The Minor I prove. If hearing of them be a Tessera of our Incorporation with them, •• Test of our Submission to them, a badge of our comp••yance with them, and sign of our Approbation of them, then we can∣not hear them without partaking of their sin: But hearing of them is such: The Major cannot be denyed, if Prelacy & conformity therewith be sin, as is in part proven above: for if these be sins, then we must not incorporate with, nor submit to them, nor comply with them, nor ap∣prove them. The Minor I prove by Parts. 1. Hearing of Curats is a Tessera of our Incorporation with them. For Communion in Sacred things doth infer an incorporation of the Communicants or Joiners in all cases, both in Law∣ful & unlawful Communions 1 Cor. 10. 17-20. All partakers of the bread are one body, and they which eat of the Sacrificies are partakers of the Altar; And also they that partake of the Sacrifice offered to Devils, though they do

not offer it so themselves, yet they are incorporate and have fellowship with Devils. And 2 Cor. 6. 14-17. where they that do not come out, and are separate from un∣lawful Communions, are expostulated with as making an unequally yoked fellowship, between righteousness & un∣righteousness, light & darkness; Christ & Belial, the Tem∣ple of God & Idols. Hence then, if we cannot partake of their Sacred things without partaking of their Altar, and becoming one body with them; and making such an unequally yoked Mixture with them, then we must be se∣parate: But the first is true from these places. This Ar∣gument concludes with equal force, against joyning with any deeply engaged in the gross defections of the time. 2. Hearing of Curats is a Test of our Submission to them, & Complyance with them: for so it is required by Law, as the Acts themselves say,

that a chearful concurrence, countenance, & assistence given to such Ministers, and attending all the ordinary Meetings for divine worship, is an evidence of a due ackowledgment of & hearty com∣plyance with his Maj. Government Ecclesiastical & civil, as now established by Law within this Kingdom, Act of Parl. Iul. 10. 1663.

And themselves look on all such as obey this Act, as their friends, Hence if this be sinful to submit to them, and comply with their establishment, in obedience to a sinful Act of Parliament, then it is sin∣ful to hear them: But the former is true, as hath been shown. Ergo—3. Hence it followes by native con∣sequence, that hearing of Curats is a sign of our Approba∣tion of them: for he that gives that which is required, & ac∣cepted, & Interpreted as an evidence of a due acknowledg∣ment, & of complyance with the Government Ecclesiasti∣cal, gives the sign of his Approbation of it: But the hearer of Curats does that in obedience to the Act, requiring, accepting, & expressly interpreting it so: Therefore &c.

VIII. As we would be free of their sin, in approving of, & complying with their course; so we must endeavour to stand at the greatest Distance from all appearance of sin in our selves, either by commission or omission, in which our Joining with them in these circumstances would involve

us. For we must astain from all appearance of evil 1 Thess. 5. 22. and from every thing that circumstances may make sinful: for otherways suppose a thing might be materially Lawful & not simply sinful, yet circumstances may make it sinful, and a countenancing it so circumstantiated, doth infer a Communion in these Circumstances that make it sinful. They that eat of the sacrifice are Partakers of the Altar, and if the Altar be not of Gods Approbation, the thing offered though otherwise Lawful to be eaten, can∣not justify the eaters, so circumstantiated. An Idol is nothing, and that which is offered in Sacrifices to Idols is nothing, yet they who eat of it, when they know it is so circumstantiated, have fellowship with Devils 1 Cor. 10. 18, 19, 20, 21. And it is called Idolatry comp. vers. 14. which provokes the Lord to jealousie vers. 22. Especially when an action is so circumstantiated, that it would infer an omission of our Duty, and a declining from or denying of our Testimony, then it is clearly sinful. For whosoever shall deny the Lord before men, him will He deny before His Father, Math. 10. 33. And we must hold fas•• the Profes∣sion of our faith without wavering, Heb. 10. 23. and keep the word of His patience, if we would be kept in the hour of tentation, and hold it fast that no man take our Croun Rev. 3. 10, 11.

All Truth must be avowed, & practically avowed, on the greatest hazard: And as this Testimony must be full, so must it be also constant. It was Demass shame, that the afflictions of the Gospel made him for∣sake the Apostle, after great appearances for Christ: And therefore whatever Truth or Duty is opposed, that becomes the special object of this Testimony. Rectius In∣struend. Consut. 3. Dial. chap. 1. pag. 18. 19.

Hence, if Hearing of the Curats would infer & involve us under the guilt both of commission of sin, and omission os Duty, then we cannot hear them without sin: But the former is true: Therefore also the Latter. I prove the Minor by Parts. First, that it would infer & involve us under the guilt of Commis∣ssion of sin, All that is said above doth evince it: And besides, palpable breach of Covenant, hereafter to be charged & cleared: And, Idolatrie is a great sin of that na••ur: but the

hearing of the Curats doth infer this. Which may be made out, thus: The breach of the sceond Commandment is Ido∣latrie (for to make the sins against that Command odious, they are all commprehended under that odious name of worshipping Images; as the sins against the seventh are called Adultrie, comprehending all unchast thoughts, words, & actions) Hearing of Curats is a breach of the second Command: Ergo—The Minor I prove thus: Every worship not according to Christs appointment, is a breach of the second Commandment: But hearing of Curats is a worship not according to Christs appointment. Which I prove thus: A worship enjoined by and performed in obedience to a Law, establishing a humane Ordinance in the Church, besides and against the Institution of Christ, is a worship not according to Christs appointment: But the hearing of Curats is a worship enjoined by and per∣formed in obedience to a Law establishing a humane Or∣dinance, to wit, Diocesan Erastian Prelacy, with the Cu∣rats their substitutes. Hence also the second doth follow by necessary consequence, that it would infer & involve us under the guilt of Omission of Duty. For first, if reduct∣ively it may involve us under the guilt of Idolatrie & breach of the second Commandment, then it will infer the guilt of omission of these necessary Duties incumbent to the Lords people with a reference to Idolatry; to make no Covenant with them nor with their Gods, nor let them dwell in the Land lest they make us sin, Exod. 23. 32, 33 Exod. 34. 14, 15. to overthrow their Altars, & break their Pillars, and destroy the names of them out of the place Deut. 12. 3. Iudg▪ 2. 2. I do not adduce these precepts, to stretch them to the full measure of the demerit of the grossest of Idola∣ters: for as there are degrees of breaches or the Command∣ment, some grosser some smaller, so there are also de∣grees of punishment, and as to the manner of destroying & extirpating all pieces of Idolatry: But that the Com∣mands being founded upon a Moral ground, lest they 〈◊〉〈◊〉 & snares unto us, do oblige us to some endeavour 〈…〉〈…〉, extirpating & overthrowing all Pieces or 〈◊〉〈◊〉 according to the word and our Covenants; And 〈…〉〈…〉

true & right Zeal of God, should and would not only inspire all with an unanimous aversion against the pro∣fane intruding Curats, but animate us as one man to drive away these wolves & theives, and to eradicate these plants which our heavenly Father never planted, Napht. Prior edit. pag. 108.

The least Duty that can be in∣ferred is that of the Apostles, flee from Idolatry 1 Co,. 10. 14. which Idolatry there mentioned to be avoided, is to eat of the sacrifices offered to Idols: whence we infer that if to eat of things consecrated to Idols be Idolatrie, then also to partake of Sacred things consecrated by Idols must be Idolatry; as the Curats dispensing of Ordinances is con∣secrated by, & hath all its Sanction from, an I••ol of Dio∣cesan Erastian Prelacy: But we see the Apostle expresses the former: Therefore we may infer the Latter. Further it will also infer a declining from & denying a Necessary Testimony, in the case circumstantiated. Even the smallest matter is great, when a Testimony is concerned in it, were it but the circumstance of an open window; Daniel durst not omitt it upon the greatest hazard. And now this is clearly come to a case of confession,

when there is no other way to exoner our consciences befor God & the world, and declare our Non-conformity to this course of backsliding, no getting of wrongs redrest or corruptions in the Mini∣stry removed but by this practice: And certainly some way we must give publick Testimony against these cours∣es, and there is no otherway so harmless & innocent as this, though suffering follow upon it Apol. Relat. Sect. 14. 272. 273.

And now there is no other way apparent, whereby the difference shall be kept up betuixt such as ho∣nestly mind the Covenanted work of Reformation, and the corrupt Prelatical & Malignant Enemies. but this Argument also will infer the expediency of withdrawing, from all Ministers with whom our circumstantiat Joyning would involve us in a participation with their defections.

IX. As we would endeavour to avoid Sin in our selves; So we must have a care to give no occasion of others sinning, by our taking Liberty in a promiscuous Joining in Church Communion, whereby we may offend & stumble the con∣sciences

of others: for to that, in this as well as in other things, we must have a special respect, and forbear things not only for our oun unclearness, but for the sake of others also. If therefore the Hearing of Curats be a Scandal, we must refuse it, be the hazard what will. For who so shall offend one of Christs little ones, it were better for him that a milstone were hanged about his neck Math. 18. 6. No man must put a stumbling block or an occasion to fall in his brothers way, Rom. 14. 13. They that sin so against the brethren, and wound their weak Conscience, they sin against Christ 1 Cor. 8. 12. we must forbear somthings for conscience sake, conscience, I say, not our oun but of others, giving none offence neither to the Iewes, nor to the Gentiles, nor to the Church of God, 1. Cor. 10. 28, 29, 32. and so cut off all occasion from them that desire occa∣sion 2 Cor. 11. 12.

These Commands discharge whatever Practice give occasion of our brothers sinning, of calling Truth in question, of acting with a doubting conscience, or which weakens his Plerophory or assurance; And neither the Lawfulness nor indifferency of the thing it self, nor mens Authority commanding it, nor the weak∣ness yea or wickedness of those in hazard to be stum∣bled, will warrand the doing of that out of which offence arises, Rectius Instruend. Confut. 3. Dial. chap. 1. pag. 19.

Mr Durham in that forecited place saith,

It carries offence along with it; in reference to the partie who runs unsent, it proves a strengthening & confirming of him, and so a partaking of his sin; in reference to others, either strengthens them by that example to cast themselves in that snare, which possibly may be their ruine, or it grieves them and makes them sad who are tender of such things, or gives occation to make all difference of that kind to be thought light of.

Hence, If Hearing of the Curats be an offence or Scandal, both in reference to Malignants, and in reference to the Godly, and in reference to the Poste∣rity, Then it must be avoided: But the former is true: which is evidenced by parts. First, in reference to Malignants, it hardens & encourages them in their opposition to the work of God, and all backsliders & Complyers with them

in their Apostasie; This strengthens their hands in their wicked courses, when they see how they are countenanced by all, and that there is no disrespect put upon them, nor dissatisfaction evinced against their courses, then they con∣clude that they are approven of all: And this hardeneth them, so that they never once think of the evil of their wayes. Next in reference to the Godly, it stumbles the truly tender, by encouraging them to do contrare to their light & conscience, even when they are not clear to hear them, then they are emboldened thereunto when they see others doing so; and so it tends to the wounding of their Peace, and makes them halt in the wayes of the Lord. Lastly with a re••erence to Posterity, it would prejudge them very much: Though now the honest party be not in a capacity to trans∣mit the work of Reformation unto their Posterity, in such a manner as were to be wished; Yet they should do some∣thing for keeping fresh the memory of the good old cause, by keeping up some footsteps of a standing Controversy for Zions Interest against the common enemy: But now let all Joine with, & oune the Curats, what appearance of this shall the Posterity see? shall not they conclude that the day is lost, & the cause is gone, when they see that this genera∣tion hath fled the fields, or rather sold & betrayed the cause, by ouning, countenancing, & complying with the enemy, and no standing Testimony against these corruptions? whereas if there were but this much of a standing diffe∣rence, betwixt the People of God & the common Enemies of God, to be seen; Posterity shall in some measure be kept from being deceived, and shall see the Interest of Christ not killed nor buried quick, but living though in a bleeding condition, and this will occasion their engaging for Christ, and interesting themselves in the quarrel; and it is far better to see the cause of Christ ouned though, by suffering & blood, then sold & betrayed by base flenching & complying with Persecuters. This Argument may also found & i••ter a withdrawing from the Addressing Mini∣sters who to the Great Scandal of Presbyterians give forth their Addresses in the name of all of that perswasion.

X. Our duty to themselves, yea our greatest office of

Love we owe to them in order to their conviction, does oblige us to withdraw from them. This may seem a Para∣dox, yet it will be apparent; if we search the Scriptures, to see what we owe to Scandalous Brethren. There we find, it is a duty to endeavour by all Lawful means to shame them out of their sin: And it is an argument of hatred, when we do not rebuke our Neighbour or when we suffer sin upon him, Lev. 19. 17. If we consider them then as neighbours & friends, we must use endeavours to take away their sin from them; if we consider them not as such but as enemies, then we must avoid them, and not be mingled with them, as I could adduce many Scriptures for that. But I suppose all that will oppose my Thesis, would have them considered as friends. Well then, if they be scandalous Brethren, this is the way prescribed by the Apostle to deal with them, in order not to suffer sin upon them, that we should withdraw from them our Company: and if we must withdraw our Company, then also a fortiore, we must deny them our Re∣ligious Communion; for that must either be included there, or necessarly inferred. He writes, not to keep Company if any man that is called a Brother (mark that speciality) be a fornicator, or covetous, or an Idolater, or a railer, or an extortioner, with such an one no not to eat 1 Cor. 5. 11. And I presume they that know them best, will grant, that it would not be hard to prove that all the Curats in Scotland were chargable with some of these, or at least Partakers with them. And that if they were all impartially impannelled, they would be rare ones whom an honest Jury would not bring in guilty of this lybel. Then we are expressly Commanded, in the name of our Lord Jesus Christ, to withdraw our selves from every brother that walk∣eth disorderly, and not after the received Tradiction; and if any man obey not the word, to note him and have no Com∣pany with him, that he may be ashamed 2 Thess. 3. 6. 14. Sure neither their office nor their innocency, can exempt them from these rules. For either they must be considered as our brethren, or not: If not, then we oune no Church Communion with them, for that is only among brethren that are so in Sympathie, & affection, & affinity, having

one father, and one mother: If they be brethren, Then all Scandalous brethren are to be withdrawn from; But they are Scandalous brethren: Therefore they are to be withdrawn from. The Minor will not be doubted by any but such as are strangers to them, who both in their Mini∣sterial & Personal Capacity are so scandalous to the Con∣viction of all, that Profanness hath gone forth from them unto all the Land, and they as much as ever the Profane Sons of Eli, have made men to abhor the offering of the Lord 1 Sam. 2. 17. But even strangers that are unacquaint with their Personal Profligatness & ignorance &c. cannot be altogither ignorant of the Scandal of Prelacy & E••astianisme, in which they are all involved, of the Scandal of Aposta∣sie, Perjurie, & breach of Covenant, which is their brand, and the Nations bane, that hath countenanced them. And none can doubt, but if our Church were dwely constitute and invested with the orderly power of Christ, and in capacity to exerce & improve it, they would soon be censured every Soul of them as Scandalous, as they have been also Previously sentanced as such, by the Acts of our General Abssemblies. This Argument levells also against all Complying, Indulged, Addressing Ministers, who by these Courses have incurred the Character of disorderly Bre∣thren.

XI. Our faithfulness to God, and to one another inga∣ged in our Covenants, doth oblige us to turn away from them who have broken it, and so classed themselves among these Truce-breaking Traitors, who make our times Perillous, from whom we must turn away 2 Tim. 3. 1-5. It appears from the foregoing deduction, how solemnly these Nations were engaged both to keep out & put out this Generation of Prelatists, now prevailing; The obligation of which yet lyes upon all the Inhabitants of the Land, with a binding force, both in regard of their forme, and object, and end. Hence if the Curats be Covenant break∣ers, and we also in ouning them, then we cannot oune them without sin; But the Curats are Covenant breakers, and we also in ouning them. Ergo—The Minor may be manifest by an indiction of all the Articles of the Solomn

League & Covenant, broken by them, and all that oune them 1. That Doctrine, worship, discipline, & Government in the 1. Ar:. sworn to be preserved & propagated, was the Presbyterian then established, which our Church was in possession of, which they have opposed, & their ouners resiled from, and have not maintained. 2. We are en∣gaged in 2. Art. to endeavour the extirpation of Prelacy, and its dependents; which is diametrically opposite to ouning of Curats: can we oune them whom we are bound to ab¦hor? and submit to them whom we are bound to extirpate? Surely this were to rebuild what we have destroyed see Napht. p. 104. And since in relation to Poperie, Heresie, & Schisme, this Article obliges us to disoune, & not to hear Papists & Schismaticks, why not also in relation to Prelatists, who are the greatest Schismaticks? 3. They have established & homologated an Erastian Supremacy, to the Prejudice of true Religion and the Liberties of the Church & Kingdom, and their ouners have abetted & contenanced the same, and not preserved either the Liber∣ties of Church or Kingdom, contrary to the 3. Art. 4. They have not only concealed & Countenanced Malignant Ene∣mies to this Church & Kingdom, but have themselves been reall Incendiaries hindering the Reformation of Religion, making factions & Parties amongst the People, contrary to this League & Covenant, And their hearers are so far from bringing them to Condign Punishment. that they have strengthened their hands in their avowed opposition to the Covenants, contrary to the 4 Art. 5. They have broken our Conjunction in firme peace & union; and yet their hearers have not marked & avoided these Causers of Divisions, contrary to Scripture, and the 5 Art. 6. Instead of assisting & defending all these that entered into this League & Cove∣nant &c. they have been the greatest Persecuters of all them that adhered to it; And their ouners have suffered them∣selves, by combination or perswasion or terror, to be di∣vided & withdrawn from their suffering Brethren, and have made defection to the contrary part, and given them∣selves to a detestable indifferency in this cause, contrary to the 6. Art. 7. Instead of humbling themselves for their

sins, and going before others in the example of a real Re∣formation, they have obstinately defended their breach of Covenant, and have been Patrons & Patterns of all defor∣mations; And their ouners & hearers have not repented of that neither, when they countenance such Covenant-breakers & profane persons, nor of their not labouring for the purity & power of the Gospel, when they seek it from such impure hands: Neither do they go before others in Reformation, when they are such bad examples of de∣fection, contrary to the conclusion of the Covenant. This Argument will also strike against hearing of such Ministers that have made themselves guiltie of the same, or equi∣valent breaches of Covenant.

XII. Finally, for Unions sake, and to avoid Schisme in the body, we must withdraw from them. This may seem another Paradox: but it is apparent, if we consider, that there should be no Schisme in the body, but that the members should have the same care one for another, 1 Cor. 12. 25. And that for to prevent & remede this, the Apostle beseeches us to mark them which Cause Divisions, & offences contrary to the Doctrine which we have learned, & avoid them, Rom. 16. 17. Now then, if the Prelats and their Curats be Schismaticks, & Separatists, and dividers, then we must avoid & withdraw from them: But so it is that the Prelats & their Curats are Schismaticks, & Separatists, and divi∣ders: Therefore we must avoid & withdraw from them. The Minor I prove from all the Constituents of a formed Schisme, Separation, & sinful division. 1. They that start out from under due relations to a Church, and from her Mini∣stry, are Schismaticks, Separatists, & dividers, But the Pre∣lats and their Curats have started out from under due re∣lations to the Covenanted Church of Scotland, & from her Ministry, in being so unnatural rebellious Children, as have broken their Mothers beauty & bands, order & Union, & razed her Covenanted Reformation, in do∣ctrine, worship, Discipline, & Government: 2. These who withdraw from the Communion of a true Church, and therefore are Censureable by all her standing acts, are Schismatical Separatists: But the Prelats and their Curats

have withdrawn from the Communion of the true Church of Scotland, and therefore are censureable by all her standing acts, in that they have made a faction & Com∣bination repugnant to the Communion of this Church, and all her established order: 3. Those who Separate from a Church, whose Principles & Practices are subser∣vient to that Churches true Union & Communion and right establishment, are properly Schismaticks: But the Prelats and their Curats have Separated from this Church, whose Principles & practices are subservient to its true Union & Communion and right establishment; for they could never yet impeach or challenge any Principle or practice, contrary to the word of God, or not subser∣vient to true Union & order, but their Principles & practices are stated in opposition to her purity & Reformation. 4 Those who innovate the worship & Government, ouned & established in a true Church, are Schismaticks: But the Prelats and their Curats have innovated the wor∣ship & Government of the true Church of Scotland, in bringing a Doctrine new & odd, and not the voice of this Church; and their worship, over and above the cor∣ruption adhering to it, is the worshiping of an innovating party, contrary to our Churches established order: 5. They that make a rent in the bowels of the true & genuine Church, are the Schismaticks: But the Prelats and their Curats have made a rent in the bowels of this Church, and have caused all the divisions in this Church. 6. Those that divide themselves from the fellowship of a pure Church, either in her Ministry, Lawful Courts, & Ordinances, are the Schismaticks: But the Prelats and their Curats have divided themselves from the fellowship of this pure Church, in her Ministry, Lawful Courts & Ordinances, in that they have caused the ejection of her Ministry, dissi∣pation of her Assemblies, and subversion of her pure Or∣dinances. 7. Those that break union with such, to whom they were under obligations to adhere, are Schismatical dividers: But the Prelats and their Curats have broken Union with such to whom they were under obligations to adhere, both from the antecedent morally obliging duty,

and from the superadded obligation of the Covenants, neither could they ever pretend any thing that might loose the obligation: 8. That party in a Reformed Church, which having overturned her Reformation, hath shut out, laid aside, & persecute away sound adherers thereunto, both Ministers & Professors, & will not admit Ministers to officiate but upon the sinful termes of complyance with their way, are Schismaticks: But the Prelats and their Curats are that party in this Reformed Church, which having overturned her Reformation, hath shut out, laid aside, and Persecute away sound adherers thereunto &c. Therefore they are the Schismaticks to be withdrawn from, and their way is the Schisme, which we are bound to extirpate in the Covenant.

HEAD. II. The Sufferings of many for Refusing to oune the Tyrants Authority vindicated.

THe other Grand Ordinance of God, Magistracy, which He hath in His Soveraign Wisdom, Justice, & Goodness, appointed, ordained, & consecrated, for the demonstration, illustration, & vindication of His oun Glory, and the Communication, Conservation, and Reparation of the Peace, safety, order, Liberty, and universal good of mankind, is next to that of the Ministry of Greatest Concern: wherein not only the Prudence, Policie, Propertie, & Libertie of men, but also the con∣science, Duty, & Religion of Christians, have a special Interest. And therefore it is no less important, pertinent, profitable, & necessary for every one that hath any of these to care & contend for, keep or recover, to inquire into and understand somthing of the institution, constitution, nature, & boundaries of the Sacred ordinance of Magistracy,

than into the holy ordinance of the Ministry; So far at least as may consist with the sphere of every ones Capacity & Station, and may conduce to the satisfaction of every ones conscience, in the discharge of the duties of their relations. Every private man indeed hath neither capacity, concern, nor necessity, to study the Politicks, or search into the se∣crets, or Intrigues of Government, no more then he is to be versed in all the Administrations of Ecclesiastical Policy, and Interests of the Ministry: yet every mans Conscience is no less concerned, in distinguishing the Character of Gods Ministers of Justice, the Magistrats, to whom he owes & ounes allegiance, that they be not usurping Tyrants, evert∣ing the Ordinance of the Magistracy; than in acknowledging the Character of Christs Ministers of the Gospel, to whom he owes & ounes obedience, that they be not usurping Prelats or Impostors, perverting the Ordinance of the Mi∣nistry. The Glory of God is much concerned, in our ouning & keeping pure & intire, according to His will & word, both these Ordinances. And our Conscience as well as Interest is concerned in the advantage or hurt, profit or prejudice, of the right or wrong, observation or prevarication, of both these ordinances; being interested in the advantage of Magistracy, and hurt of Tyrannie in the State, as well as in the advantage of the Ministry, and hurt of Diocesan or Erastian Supremacy in the Church; in the advantage of Lt∣berty, and hurt of slavery in the State, as well as in the ad∣vantage of Religion and hurt of Profaneness in the Church; in the profit of Lawes and prejudice of Prerogative in the State, as well as in the profit of Truth and prejudice of Error in the Church; in the profit of Peace and true Loyalty, and prejudice of oppression and Rebellion in the State, as well as in the profit of Purity & Unity, and prejudice of Defection & Division or Schisme, in the Church. So that in Conscience, we are no more free to Prostitute our Loyalty & Liberty absolutely, in ouning every Possessor of the Magistracy; than we are free to Prosti∣tute our Religion & faith implicitely, in ouning every Pre∣tender to the Ministry. This may seem very Paradoxical to some, because so dissonant & dissentient from the vul∣gar,

yea almost Universal and invetrate opinion & Practice of the world, that hitherto hath not been so precise in the matter of Magistracy. And it may seem yet more strange, that not only some should be found to assert this; but that any should be found so strict and strait-laced, as to adven∣ture upon suffering, and even to Death, for that which hath hitherto been seldom scrupled, by any that were forc∣ed to subjection under a yoke, which they had no force to shake off, and wherein Religion seems litle or nothing concerned; for not ouning the authority of the present Possessors of the place of Government: which seems to be a Question not only excentrick & extrinsick to Religion, but such a State question, as for its thorny Intricacies & difficulties, is more proper for Politicians & Lawyers to dispute about (as indeed their debates about this head of Authority, have been as manifold & multiplied as about any one thing) than for Private Christians to search into, and suffer for, as a Part of their Testimony. But if we will cast off Prejudices, and the Tyrannie of Custom, and the bondage of being bound to the worlds Mind in our inqui∣ries about Tyrannie, and suffer our selves to Ponder impar∣tially the importance of this matter; And then to state the question right; We shall find Religion & Conscience hath no small interest in this business. They must have no snall Interest in it, if we consider the importance of this matter, either extensively, or objectively, or Subjectively. Exten∣sively considered, it is the Interest of all mankind to know and be resolved in Conscience, whether the Government they are under be of Gods Ordination or of the Devils ad∣ministration; whether it be Magistracy or Tyrannie; whe∣ther it gives security for Religion & Liberty, to them∣selves and their posterity, or whether it induces upon them∣selves, and entails upon the posterity, slavery as to both these invaluable Interests; whether they have matter of praise to God for the blessings & mercies of Magistracy, or matter of Mourning for the plagues & miseries of Tyrannie, to the end they may know both the sins & snares, Duties & dangers, Case & Crisis, of the times they ••ive in. All men that ever enjoyed the mercy of a right Constitute Ma∣gistracy,

have experienced, and were bound to bless God for the blessed fruits of it: And on the other hand, the world is full of the Tragical Monuments of Tyrannie, for which men were bound bath to search into the Causes, and see the effects of such plagues from the Lord, to the end they might mourn over both. And from the begining it hath been observed, that as Peoples sins have alwayes procured the Scourge of Tyrannie; So all their miseries might be refounded upon Tyrants encroachments, Usurping upon or betraying their Trust, and overturning Religion, Lawes, & Liberties. Certainly Mankind is concerned in point of Interest & Conscience, to inquire into the cause & Cure of this Epidemick distemper, that hath so long held the world in miserie, and so habitually, that now it is be∣come as it were Natural to lye stupidly under it; that is, that old Ingrained Gangrene of the Kings Evil, or Com∣plyance with Tyrannie; that hath long afflicted the King∣doms of the world, and affected not only their backs in bearing the burden thereof; but thir hearts into a Lethargick stupor of insensibleness; and their heads in infatuating & intoxicating them with Notions of the Sacredness & incon∣troulablness of Tyrannie; and their hands in infeebling and fettering them from all attempts to work a Cure: Or else it hath had another effect on many that have been sensible of a touch of it; even equivalent to that, which an ingenious Author Mr Gee in his Preface to the Divine right & Original of the Civil Magistrate (to which Mr Durham is not absonant) expounds to be the effect of the fourth vial, Rev. 16. 8, 9. when in these Dog-dayes of the world, power is given to the Sun of Imperial, especially Popish, Tyan∣nie, by their exorbitant streaches of absolute Prerogative, to scorch men with fire of furious oppressions, they then blaspheme the Name of God which hath power over these Plagues, in their Mal-content Complaints, grumblings, grudgings, and Murmurings under the miserie, but they do not repent nor give Him Glory, in mourning over the causes pro∣meriting such a Plague, and their oun accession in exposing themselves to such a scorching sun, nakedly without a Sconce. Certainly this would be the remedy that Con∣science

would suggest, and Interest would incite to, an endeavour either of allaying the heat, or of subtracting from it under a shelter, by declining the oblique Malignity of its Scorching rayes. But will the world never be a wake∣ned out of this Dream & dotage, of Dull & stupid sub∣jection to every Monster that can Mount a Throne? Sure at length it may be expected, either Conscience from with∣in as Gods deputy, challenging for the palpable perver∣sion of this His excellent Ordinance, Or Iudgments from without, making sensible of the effects of it, will convince & confute these old inveterate Prejudices. And then these Martyrs for that universal Interest of mankind, who got the fore-start and the first sight of this, will not be so flouted as fools, as now they are. And who knoweth, what Pre∣lude or Preparative, fore-boding & presaging the doun fal of Tyranny, may be in its aspirings to this hight of arbitrary absoluteness, and in the many questions raised about it, and by them imposed upon Consciences to be resolved. If we consider the object of this question; as Conscience can only clear it, so in nothing can it be more concerned. It is that Great Ordinance of God, most signally impressed by a very Sacred & illustrious Character of the Glorious Majestie of the Most High, who hath appointed Magistracy; in which, considering either its fountain, or Dignity, ends, or effects, Conscience must have a very great Concern. The fountain or efficient cause of Magistracy, is high & sublime. The powers that are be of God, not only by the all disposing hand of God in His Providence, as Tyranny is, nor only by way of naked approbation, but by Divine institution; And that not only in the general, by at least a Secondary Law of Nature, but also the special investiture of it, in Insti∣tution & Constitution, is from God; and therefore they are said to be ordained of God, to which Ordinance we must be subject, not only for wrath but also for Conscience sake; which is the Great Duty required in the fifth Command, the first Commandment with Promise; that hath the Priority of Place befor all the Second table, because the other Com∣mandments respect each some one Interest, this hath a su∣pereminent influence upon all. But Tyrannical powers are

not of God in this sense. And it were Blasphemie to assert they were of the Lords Authorization, Conscience can∣not bind to a subjection to this. Again the Dignity of Ma∣gistracy, ordained for the maintenance of Truth & righ∣teousness, the only foundations of peoples felicity, whe∣ther temporal or eternal, including the bonds & bounda∣ries of all obedience & subjection, for which they are in∣tended & to which they refer, is supereminent; as that Epithet of higher added to the powers that are of God, may be ren∣dered; making them high & sublime in Glory, whose highest prerogative is, that being Gods Ministers, they sit in the Throne of God, anointed of the Lord, judging not for man but for the Lord, as the Scripture speaks. To this Conscience is concerned in duty to render honour as due, by the Prescript of the fifth Commandment: but for Ty∣ranny, Conscience is bound to deny it, because not due; no more than obedience, which Conscience dare not pay to a Throne of Iniqulty, and a Throne of the Devil, as Tyranny may be called as really as Magistracy is called the Throne of God. Next Conscience is much concerned in the ends of Magistracy, which are the Greatest, the Glory of God and the good of Mankind. And in the effects of it, the maintenance of Truth, Righteousness, Religion, Liberty, Peace, & Safety, and all choicest external bles∣sings: But the ends & effects of Tyranny are quite Con∣trary, Domineering for pleasure, and destroying for pro∣fit. Can we think that Conscience is nothing Concerned here, that these great ends shall be subverted, and the effects precluded; and to that effect, that Tyrannie not only be shrouded under a Priviledge of impunity, but by our subjection & acknowledment of it, as a Lawful power, encouraged into all enormities, and Licensed to usurpe, not only our Liberties, but Gods Throne by an uncontroul∣able Soveraignty? But if we Consider the subjective Con∣cern of Conscience, it must be very great: when it is the only thing that prompts to subjection, that regulats sub∣jection, and is a bottom for subjection to lawful powers. If it were not out of Conscience, men that are free born are naturally such Lovers of Liberty, and under Corruption

such lusters after Licenciousness, that they would never come under the Order of this Ordinance, except constrain∣ed for wraths sake: but now, understanding that they that resist the power resist the Ordinance of God, and they that resist shall receive to themselves Damnation, they must needs be subject, not only for wrath, but also for Con∣science sake. If Conscience were not exercised in regulating our duty to Magistrats, we would either obey none, or else would observe all their Commands promiscously, Lawful or unlawful, and would make no difference either of the matter commanded, or the power comman∣ding: but now, understanding that we must obey God rather then man, and that we must render to all their dues, fear to whom fear, honour to whom honour, Conscience regulats us what & whom to obey. And with∣out conscience there is litle hope for Government to prove either beneficial or permanent: litle likelyhood of either a reall, regular, or durable subjection to it. The discern∣ible standing of Government upon conscientious grounds, is the only thing that can bring in conscience, & a con∣scientious submission to it; it being the highest & most kindly principle of, and the strongest & most lasting obli∣gation to, any relative duty. It will not be Liberty of Con∣science (as sayeth the late Declaration for it) but reality of con∣science, and Government founded upon a bottom of con∣science, that will Unite the Governed to the Governours by incli∣nation as well as duty. And if that be, then there is needful a rule of Gods revealed preceptive will (the only Cynosure & Empress of conscience) touching the founding & erecting of Government, that it have the stamp of Gods Authority. It must needs then follow that conscience hath a very great concernment in this question in the General, and that before it be forced to an abandoning of its light in a matter of such moments, it will rather oblige people that are conscientious to suffer the worst that Tyrants can do; especially when it is imposed & obtruded upon con∣scince, to give its suffrage & express acknowledment that the present Tyranny is the Authority of God, which is so visible in the view of all that have their eyes open, that the

meanest capacity that was never conversant in Lawes & Politicks can give this verdict that the Constitution & admi∣nistration of the Government of the tuo Royal Brothers, un∣der whose burthen the earth and we have been groaning these 27 years past, hath been a compleat & Habitual Ty∣ranny, and can no more be ouned to be Magistracy the•• Robbery can be acknowledged to be a rightful possession. It is so plain, that I need not the help of Lawyers & Poli∣ticians to demonstrate it, nor lanch into the Ocean of their endless debates in handling the head of Magistracy & Ty∣rannie: yet I shall improve what help I find in our most approved Authors who have enlarged upon this Question (though not as I must state it) to dilucidate the matter in Thesi, and refer to the foregoing Deduction of the succes∣sion of Testimonies against Tyranny, to clear it in Hypothesi. Whence we may see the occasion, and clearly gather the solution of the Question, which is this.

Whether a people, long oppressed with the encroachments of Ty∣rants & Usurpers, may disoune their pretended Authority; & when imposed upon to acknowledge it; may rather chiefe to suffer than to oune it?

To clear this question: I shall first premit some conces∣sions, and then come more formally to resolve it.

I. It must be granted the Question is extraordinary, and never so stated by any writer on this head; which makes it the more difficult, and odious, because odd & singular, in the esteem of those who take up opinions rather from the number of votes than from the weight of the reasons of the asserters of them. It will also be yeelded, that this was never a case of confession for Christians to suffer upon. And the reason of both is, because, before these seven years past, this was never imposed upon private & common subjects to give an account of their thoughts & conscience about the Lawfulness of the Government they lived under. Conquerers & Usurpers sometimes have demanded an acknowledgment of their Authority; from men of greatest note & stroke in the Countries they have seised: but they never since the Creation urged it upon common people, as a Test of Loyalty; but thought alwayes their Lawes,

& power to execute them on offenders, did secure their subjection. Or otherwise to what purpose are Lawes made, and the execution of them committed to men in power, if they be not thought a sufficient fence for the Authority that makes them; except it also have the actual acknowledgment of the subjects to ratify it? Men that are really invested with Authority, would think it both a dis∣paragment to their Authority, and would disdain such a suspicion of the questionableness of it, as to put it as a queston to the subjects, whether they ouned it or not. But the Gentlemen that rule us, have fallen upon a piece of un∣precedented Policy: wherein they think both to involve the Nation in the guilt of their unparalelled Rebellion against the Lord, by ouning that Authority that promotes it, and so secure their Usurpations, either by the suffrage of all that oune them, or by the exstirpation of the Conscien∣cious that dare not, with the odium & obli••uie of being enemies to Authority; by which Trick they think to bury the honour of their Testimony. Yet in sobriety without Prophecying it may be presumed, at the long run this pro∣ject will prove very prejudicial to their Interest: and herein they may verify that Scots Proverb, ov'r fast ov'r loose, and accomplish these Divine sayings He disappointeth the devices of the Crafty, He taketh the wise in their oun Craftiness, and the Counsel of the froward is carried head long. For as they have put people upon this question, who would not other∣wise have made such inquiries into it; and now finding they must be resolved in conscience to answer it, when ever they shall be brought before them; upon a very overly search, they see terrible Tyranny witten in legible bloody Characters almost on all administrations of the Govern∣ment, and so come to be fixed in the verdict that their con∣science & the word of God gives of it: So it may be thought, this question now started, for as despicable beginings it hath, yet ere it come to a ful & final Decision, will be more in∣quired into through the world, and at length prove as fatal to Tyranny, as ever any thing could be, and then they may know whom to thank. But however though the question be extraordinary, and the sufferings thereupon be

unprecedented; And therefore among other contradi∣ctions, that may be objected, that neither in History nor Scripture we can find instances of private people their re∣fusing to oune the Authority they were under, nor of their suffering for that refusal: yet nevertheless it may be duty without example. Many things may be done; though not against the Law of God, yet without a precedent of the prac∣tice of the people of God. Though we could not adduce an example for it, yet we can gather it from the Law of God, that Tyranny must not be ouned, this will be equi∣valent to a thousand examples. Every age in somethings must be a precedent to the following, and I think never did any age produce a more honourable precedent, than this begining to decline a yoke under which all ages have groaned.

2. It will be also granted, It is not always indispensablie necessarie, at all times. for a people to declare their dis∣claim of the Tyranny they are under, when they cannot shake it off; nor, when they are staged for their duty be∣fore wicked & Tyrannical Judges, is it always necessarie to disoune their pretended Authority positively; when either they are not urged with questions about it, then they may be silent in reference to that; or when they are imposed upon to give their judgment of it, they are not alwayes obliged, as in a case of confession, to declare all their mind, especially when such Questions are put to them with a manifest design to entrap their lives, or intangle their Conscience. All Truth is not to be told at all times; neither are all questions to be answered when impertinently interrogate, but may be both Cautiously & Conscienciously waved. We have Christs oun practice, & his faithful servant Pauls example, for a Pattern of such prudence & Chri∣stian caution. But yet it were cruel & unchristian rigour, to censure such as out of a pious principle of zeal to God & conscience of duty, do freely & positively declare their judgment, in an absolute disouning of their pretended Au∣thority, when posed with such Questions, though to the manifest detriment of their lives, they Conscienciously

looking upon it as a case of confession. For where the Lord hath not peremptorily astricted His Confessors to such rules of prudence, but hath both promised and usually gives His Spirits Conduct, encouraging & animating them to boldness, so as before hand they should not take thought how or what they shall speak, and in that same hour they find it given them, it were presumption for us to stint them to our rules of prudence. We may indeed find rules to know, what is a case of confession; but hardly can it be determined, what Truth or duty we are questioned about is not, or may not be, a case of confession. And who can deny, but this may be in some circumstances a case of confession, even Positively to disoune the pretended Au∣thority of a bloody Court or Council? when either they go out of their Sphere, taking upon them Christs Supre∣macy, and the Cognizance of the concerns of His Croun, whereof they are Judges no ways Competent; then they must freely & faithfully be declined. Or when, to the dishonour of Christ, they blaspheme His Authority, and the Sacred boundaries▪ He hath prescribed to all humane Authority, and will assert an illimited absolute Authority, refusing & discharging all offered Legal & Scriptural re∣strictions to be put thereupon (as hath been the case of the most part of these worthy though poor Martyrs, who have died upon this head) then they must think themselves bound to disoune it. Or when they have done some cruel indignity & despight to the Spirit of God, and to Christ His prerogative & Glory, and work of Reformation, and people, in murdering them without Mercy, and imposing this ouning of their King, by whose Authority all is acted, as a condemnation of these witnesses of Christ their Testi∣mony, and a justification of their bloody cruelties against them, which hath frequently been the case of these poor people that have been staged upon this account: In this case, and several others of this sort that might be mention∣ed, then they may be free & Positive in disouning this Test of wicked Loyaltie, as the mark of the Dragon of the secu∣lar beast of Tyranny. And in many such cases, when the Lord gives the Spirit, I see no reason but that Christs wit∣nesses

must follow His Pattern of zeal in the case of confes∣sion, which He witnessed before Pontius Pilate in asserting His oun Kingship, as they may in other cases follow His Pattern of Prudence. And why may we not imitate the zeal of Stephen, who called the Council before whom he was staged stiff necked resisters of the Holy Ghost, Persecuters of the Prophets, and betrayers & Murderers of Christ the Just one, as well as the Prudence of Paul? But however it be, the present Testimony against this pretended Autho∣rity Lies in the Negative, which obliges alwayes, semper & ad semper; that is to say, we plead, that it must never be Ouned. There is a great difference between a Positive dis∣ouning, and a not Ouning: though the first be not alwayes necessary, the Latter is the Testimony of the day, and a negative case of confession, which is allwise clearer than the Positive. Though we must not allwise confess every Truth, yet we must never deny any.

3. It is confessed, we are under this sad disadvantage besides others, that not only all our Brethren, groaning under the same yoke with us, will not take the same way of declining this pretended Authority, nor adventure when called to declare their judgment about it (which we do not condemn, as is said, and would expect from the rules of equity & charity, they will not condemn us, when we find our selves in conscience bound to use greater free∣dom) But also some when they do declare their judgment, give it in termes condemnatory of, & contradictory unto our Testimony, in that they have freedom positively to oune this Tyranny, as Authority, and the Tyrant as their Lawful Soveraign. And many of our Ministers also are of the same mind. And further as we have few expressly asserting our part of the debate, as it is now stated: so we have many famous & learned divines expressly against, us in this point, as especially we find in their Comments upon Rom. 13. among whom I cannot dissemble my sorrow to find the great Calvin, saying,

saepe solent inquirere &c. men often inquire, by what right they have obtained their power who have the rule! It should be enough to us that they do govern, for they have not ascended to this

eminency by their oun power, but are imposed by the hand of the Lord.

As also Pareus saying too much against us. For answer to this I refer to Mr Knox his reply to Lithingtoun, producing several Testimonies of Divines against him upon this very same head; wherein he shewes, that the occasions of their Discourses & Circumstances wherein they were stated were very far different, from those that have to do with Tyrants & Usurpers, as indeed they that are most concerned and smart most under their scourge are in best case to speak to the purpose. I shall only say, Mens averment in a Case of Conscience is not an oracle, when we look upon it with an impartial eye, in the case wherein we are not prepossessed•• it will bear no other value, than what is allayed with the imperfections of fallibility; and moreover is contradicted by some others, whose Testimony will help us as much to confirm our persuasion, as others will hurt us to infirm it.

4. But now when Tyrants go for Magistrats; lest my plea against ouning Tyranny, should be mistaken as if it were a pleading for Anarchy: I must assert, that I and all those I am vindicating are for Magistracy, as being of di∣vine Original, institute for the common good of humane & Christian Societies, whereunto every soul must be subject, of whatsoever quality or Character, and not only for wrath but also for conscience sake (though as to our soul & conscience, we are not subject) which whosoever resisteth resisteth the ordinance of God, and against which Rebel∣lion is a damnable sin, Whereunto (according to the fifth Commandment, and the many reiterated exhortations of the Apostles) we must be subject, and obey Magistrates, and submit ourselves to every Ordinance of man for the Lords sake, whether it be unto the King as Supreme &c. And we account it a hateful brand of them that walk after the flesh, to despise Government, to be presumptuous, self willed, and not afrayed to speakevil of dignities and that they are filthy dreamers who despise Dominion & speakevil of dignities, and of those things which they know not. We allow the Magistrate, in whatsoever form of Govern∣ment all the power the Scripture, Lawes of Nature or

Nations, or Municipal do allow him: Asserting that he is the keeper & avenger of both the Tables of the Law, hav∣ing a power over the Church as well as the state suited to his Capacity, that is; not formally Ecclesiastical but objecti∣vely for the Churches good; an external power, of Providing for the Church, & Protecting her from outward violence, or in ward disorder; an imperate power, of commanding all to do their respective duties; a Civil power of Punishing all, even Church officers, for Crimes; a Secundary power of Judicial approbation or condemnation, or discretive, in order to give his Sanction to Synodical results; a Cumu∣lative power, assisting & strengthening the Church in all her Priviledges, subservient though not servill, Coordinate with Church power not Subordinate (though as a Christian he is subject) in his oun affairs, to wit Civil, not to be declined as Judge, but to be obeyed in all things Lawful, and honoured & strengthened with all his dwes. We would give unto Cesar the things that are Cesars, and to God the things that are Gods But to Tyrants, that usurpe & pervert both the things of God & of Cesar, and of the peoples Li∣berties, we can render none of them, neither Gods, nor Cesars, nor our oun; Nor can we from conscience give him any other deference, but as an enemy to all, even to God, to Cesar, & the people. And in this, though it doth not sound now with Court parasites, nor with others that are infected with Royal Indulgences & Indemnities, we bring forth but the transumpt of old Principles, according to which our fathers walked when they still contended for Religion & Liberty, against the attemptings & aggressions of Tyranny against both.

5. It must be conceded, it is not an easie thing to make a man in the place of Magistracy a Tyrant. For as every escape, error, or act of unfaithfulness, even known & continued in, whether in a Ministers entry to the Mini∣stry, or in his Doctrine, doth not unminister him, nor give sufficient ground to withdraw from him, or reject him as a Minister of Christ: So neither does every enor∣mity, misdemeanure, or act of Tyranny, Injustice, per∣fidie, or profanity in the Civil Magistrate, whether as to

his way of entry to that office, or in the execution of it, or in his private or personal behaviour, denominate him a Tyrant or usurper, or give sufficient ground to divest him of Magistratical power, and reject him as the Lawful Ma∣gistrate. It is not any one or tuo Acts contrary to the Royal Covenant or office, that doth denude a man of the Royal dignity, that God & the people gave him: David commit∣ted tuo acts of Tyranny, Murder & Adultery; yet the people were to acknowledge him as their King (and so it may be said of some others, ouned still as Kings in Scrip∣ture) the reason is, because though he sinned against a man or some particular persons, yet he did not sin against the State, and the Catholick good of the Kingdom, subver∣ting Law; for then he would have turned Tyrant, and ceased to have been Lawful King. There is a great diffe∣rence between a Tyrant in act, and a Tyrant in habit, the first does not cease to be a King. But on the other hand, as every thing will not make a Magistrate to be a Tyrant: So nothing will make a Tyrant habitu, a Magistrate. And as every fault will not unminister a Minister; So some will oblige the people to reject his Ministry, as if he turn He∣retical, & Preach Atheisme, Mahumetanisme, or the like, the people, though they could not formally depose him, or through the corruption of the times could not get him deposed; yet they might reject & disoune his Ministry: So it will be granted, that a people have more power in crea∣ting a Magistrate than in making a Minister, and Conse∣quently they have more right and may have more light in disouning a King, as being unkinged; than in disouning a Minister, as being un-ministerd. It will be necessary there∣fore, for clearing our way, to fix upon some ordinary Characters of a Tyrant, which may discriminate him from a Magistrate, and be ground of disouning him as such. I shall rehearse some, from very much approved Authors; the application of which will be as apposite to the tuo Brothers, that we have been burthened with, as if they had intended a particular & exact description of them.

Buchanan de jure regni apud Scotos Shewes that the word Tyran•• was at first

honourable, being attributed to them that had the full power in their hands, which power was not astricted by any bonds of Lawes, nor obnoxious to the Cognition of Judges, and that it was the usual denomination of Heroes, and thought at first so honourable that it was attri∣bute to the Gods: But as Nero & Iudas were sometimes among the Romans & Iewes names of greatest account, but afterwards by the faults of tuo men of these names, it came to pass that the most flagitious would not have these names given to their Children; So in process of time, Rulers made this name so infamous by their wicked deeds, that all men abhorred it as contagious & Pesti∣lentious, and thought it a more light reproach to be called a hangman then a Tyrant. Thereafter he Condiscends upon several Characters of a Tyrant. 1. He that doth not receive a Government by the will of the people, but by force invadeth it, or intercepteth it by fraud, is a Tyrant; and who domineers even over the unwilling (for Rex vo∣lentibus Tyrannus invitis imperat) and procures the Supreme rule without the peoples Consent, even though for seve∣ral years they may so govern, that the people shall not think it irksome.

Which very well aggrees with the pre∣sent Gentleman that rules over us, who, after he was by publick vote in Parliament secluded from the Govern∣ment, of which the standing Lawes of both Kingdoms made him incapable for his Murthers, Adulteries, & Ido∣latries, by force & fraud did intercept first an Act for His Succession in Scotland, and then the actual Succession in England, by blood & treacherie usurping & intruding him∣self into the Government, without any Compact with, or Consent of the people; though now he studies to make himself like another Syracusan Hiero, or the Florentine Cosino∣do Medices, in a mild Moderation of his usurped power, but the West of England, and the West of Scotland both, have felt the force of it. 2.

Tyrannus non civibus sed sibi gerit im∣perium, neque publicae utilitatis sed suae voluptatis rationem ha∣bet &c. He does not govern for the subjects well-fare or publick ultility but for himself, having no regard to that but to his oun lust; Acting in this like robbers, who cun∣ningly

disposing of what wickedly they have acquired, do seek the praise of Justice by injury, & of Liberality by robbery; So he can make some shew of a Civil mind, but so much the less assurance gives he of it, that it is manifest he intends not thereby the subjects good, but the greater security of his oun lusts, and stability of empire over po∣sterity, having some what Mitigated the peoples hatred, which when he hath done he will turn back again to his old manners, for the fruit which is to follow may easily be known both by the seed and by the sower there∣of.

An exact Copy of this we have seen within these tuo years, as oft before in the rule of the other Brother. After God hath been robbed of His prerogatives, the Church of her Priviledges, the State of its Lawes, the Sub∣jects of their Libertie & property, he is now affecting the praise & captating the Applause of tenderness to con∣science, and Love of Peace, by offering now Liberty after all his Cruelties; wherein all the thinking part of men do dis∣cern he is prosecuting that hellish Project, introducing Popery & slaverie; and overturning Religion, Law, & Liberty. 3.

Regium imperium secundum Naturam est, Ty∣rannicum contra, Regium Liberi inter Liberos est Principatus, Tyrannus domini in servas &c. Tyranny is against Nature, and a Masterly Principality over slaves. Can he be called a father, who accounts his subjects slaves? or a Shepherd, who does not feed but devours his flock? or a Pilot, who doth allwise study to make shipwrack of the goods, and strikes a leak in the very ship where he sails? what is he then that bears Command, not for the peoples advan∣tage, but studies only himself, who leadeth his subjects into manifest snares? he shall not verily be accounted by me either Commander.

Emperour, or Governour? King Iames the 6^th also, in a speech to the Parliament anno 1609. makes this one Character of a Tyrant, when he be∣gins to invade his subjects rights & Liberties. And if this be true, then we have not had a King these many years: the fore∣going deduction will demonstrate, what a slavery we have been under. 4. Quid qui non de virtute certet c••m bonis &c.

What is he then, who doth not contend for vertue with

the good, but to exceed the most flagitious in vices? If yow see then any usurping the Royal name, and not ex∣celling in any virtue, but striving to exceed all in base∣ness, not tendering his subjects good with native affect∣ion, but pressing them with proud domination, esteem∣ing the people committed to his trust not for their safegaurd but for his oun gain; will yow imagine this man is truly a King, albeit he vapours with a numerous Lieveguard, and makes an ostentation of gorgeous Pomp?

The learned Althusius likewise in his Politicks cap. 38. Num. 15. (as He is cited by Ius Populi chap. 16. Pag. 347.) makes this one Character of a Tyrant, that

liveing in Luxury, whoredome, greed, & idleness, he neglecteth or is un∣fit for his office.

How these suite our times we need not ex∣press; what effrontry of impudence is it, for such monsters to pretend to rule by virtue of any Authority derived from God, who pollute the world with their Adulteries & In∣cests, and Live in open defyance of all the Lawes of the universal King; with whom to exceed in all villanies is the way to purchase the Countenance of the Court, and to aspire to preferment? No Heliogabulus &c. could ever come up the length in wickedness, that our Rulers have pro∣fessed. 5. Omnium vim Legum in se transferre &c.

He can transfer unto himself the strength of all Lawes, and abrogate them when he pleases.

King Iames the 6. in that fore-cited speech saith, a King degenerateth into a Tyrant when he leaveth to rule by Law. Althusius also loc. cit. saith,

there is one kind of Tyranny which consisteth in violating, changing, or removing of fundamental Lawes, specially such as concern Religion; such, saith he, Philip the King of Spain, who, contrare to the fundamental Belgick Lawes, did erect an administration of Justice by force of armes; and such was Charles the 9^th of France, that thought to overturn the Salicque Law.

All that knoweth what hath been done in Britain these 27 years, can attest our Lawes have been subverted, the Reformation of Religion over∣turned, and all our best Lawes rescinded; and now the Penal Statuts against Papists disabled & stopped, without & against Law. 6. Ad suum eum unius nutum omnia &c.

He can revoke all things to his nod at his pleasure.

This is also one part of King Iames the 6 his Character of a Ty∣rant, when he sets upon arbitrary power. And of

Althusius loc. cit. when he makes use of an absolute Power, and so breaks all bonds for the good of humane Society.

We allow a King an absolute power taken in a good sense, that is, he is not subaltern nor subordinate to any other Prince; but supreme in his oun dominions: or if by absolute be meant Perfect, he is most absolute that governs best according to the word of God. But if it be to be Legibus solutus, loosed from all Lawes, we thinke it blasphemy to ascribe it to any Creature. Where was there ever such an arbitrary & abso∣lute power arrogated by any Mortal, as hath been claimed by our Rulers these years past? especially by the present Usurper, who, in this Liberty of conscience now granted to Scotland, assumes to himself an absolute power which all are to obey without reserve, which carries the subjects slavery many stages beyond what ever the Grand Seigneur did at∣tempt.

7. Tyranno—ad cives opprumendos &c. For by a Tyrant strangers are imployed to oppress the subjects; They place the establishment of ther Authority in the peoples weakness, and think that a Kingdom is not a Procuration concredited to them by God, but rather a prey fallen into their hands; Such are not joined to us by any Civil bond, or any bond of humanity, but should be accounted the most Capital enemies of God and of all men.

King Iames ub, supra sayes, he is a Tyrant that imposes un Lawful Taxes, raises forces, makes war upon his subjects, to Pil∣lage, Plnnder, wast, & spoil his Kingdoms. Althusins ubi supra

makes a Tyrant, who by immoderate exactions, and the like, exhausts the subjects, and cites Scripture Ier. 22. 13. 14. Ezek. 34. 1 King. 12. 19. Psal. 14. 4.

It is a famous saying of Bracton, He is no longer King; then dum bene regit, while he rules well, but a Tyrant when-soever he oppresseth the people that are trusted to his Care & Government. And Cicero sayes, amittitis omne exceritus & imperit jiu, qui eo imperio & exercit•• Rempublicans oppugnat. He loseth all legal power in & over an Army or Empire, who by that Government & army does obstruct the wel-fare of that republick. What oppressions & ex∣actions

by armed force our Nation hath been wasted with, in part is discovered above. 8. Althusius in the place above quoted, makes this an other mark, when he

keepeth not his faith & promise, but despiseth his very oath made unto the people.

What shall we say of him then, who not only brake but burnt, and made it Criminal to assert the obligation of the most solemnly transacted Covenant with God and with the people, that ever was entered into, who yet upon these termes of keeping that Covenant only was admitted to the Government? And what shall we say of his Brother succeeding, who disdains all bonds, whose professed principle is, as a Papist to keep no faith to Here∣ticks? 9. In the same place he makes this on Character:

a Tyrants is he, who takes away from one or moe mem∣bers of the common wealth the free exercise of the Or∣thodox Religion,

And the Grave Author of the

Impar∣tial inquiry into the administration of affairs in England, doeth as∣sert pag. 3, 4. whensoever a Prince becomes depraved to that degree of wickedness, as to apply & employ his power & Interest, to debauch & withdraw his subjects from their fealty & obedience to God, or sets himself to extirpate that Religion which the Lord hath revealed & appointed to be the rule of our living & the means of our happiness, he doth ipso facto depose himself, and instead of being ouned any longer for a King, ought to be treated as a Rebel & Traiter against the Supreme & Universal So∣veraign.

This is the perfect Protracture of our Princes; the former of which, declared an open war against Religion & all that professed it; and the Latter did begin to prosecute it with the same cruelty of persecution, and yet continues without relenting against us; though to others he tole∣rates it under the Notion of a Crime, to be for the present dispensed with, until he accomplish his design. 10. Ibid. he tells us, that for corrupting of youth

he erecteth stage plages, Whore-houses, & other Play-houses, and suf∣fers the Colledges & other Seminaries of Learning to be corrupted.

There was never more of this in any age, than in the conduct of our Court, which like another Sodom profess it to be their design to debauch mankind in to all

villanies, and to poison the fountains of all learning & vir∣tue, by intruding the basest of men into the place of teach∣ers, both in Church & University, and precluding all ac∣cess to honest men. 11. Further he sayes,

he is a Ty∣rant who doth not defend his subjects from injuries when he may, but suffereth them to be oppressed

(and what if he oppress them himself?) It was one of the Lawes of Edward the Confessor, Quod si Rex desit officio, nomen Regis in eo non constabit. If the King fail in the discharge of his Trust & office, he no longer deserves nor ought to enjoy that name. What name do they deserve then, who not only fail in the duty of defending their subjects, but send out their Lictors & bloody Executioners to oppress them, nei∣ther will suffer them to defend themselves! But Althusius makes a distinct Character of this. 12. Then in fine, he must certainly be a Tyrant, who will not suffer the people, by themselves nor by their Representatives, to maintain their oun rights, neither by Law nor force: for, sayeth my Author Forecited,

he is a Tyrant who hindereth the free suffrages of members of Parliament, so that they dare not speak what they would; And chiefly he who takes away from the people all power to resist his Tyranny, as Armes, strengths, & chief men, whom therefore though innocent he hateth, afflicteth, & perse∣cuteth, exhausts their goods & livelyhoods, without right or reason.

All know that our blades have been all alongs enemies to Parliaments; and when their Interest forced to call them, what means were used always to pacque & pre∣limit them and over-aw them, and how men who have faithfully discharged their trust in them have been prose∣cuted with the hight of envy & fury, and many murthered thereupon; And how all the armed force of the Kingdoms have been inhanced into their hand, and the people kept so under foot, that they have been rendered incapable either to defend their oun from intestine Usurpers, or for∣reign Invaders. All that is said amounts to this, that when ever men in power do evert & subvert all the ends of Go∣vernment, and intrude themselves upon it, and abuse it, to the hurt of the Common wealth, and the destruction of

that for which Government was appointed; They are then Tyrants, and cease to be Magistrates. To this purpose I shall here append the words of that forecited Ingenious Author of the

Impartial Enquirie Pap. 13. 14. There can be nothing more evident from the light of reason as well as Scripture, than that all Magistracy is appointed for the benefite of mankind and the common good of Societies: God never gave any one power to reign over others for their destruction (unless by His providence where He had de∣voted a people for their sins to ruine) but on whomsoever He confers Authority over Cities or Nations, it is with this Conditional Proviso & Limitation, that they are to Promote their Prosperity & good, and to study their de∣fence & Protection: All Princes are thus far Pactional—And whosoever refuseth to perform this fundamen∣tal condition, he degrades & deposes himself, nor is it rebellion in any to resist him; whensoever Princes ceases to be for the common good, they answer not the end they were instituted unto, and cease to be what they were chosen for.

6. It will not be denyed but when the Case is so circum∣stantiate, that it would require the arbitration of judgment to determine whether the King be a Tyrant or not, that then people are not to disoune him: for if it be a question, whe∣ther the people be really robbed of their rights & Liberties, and that the King might pretend as much reason to com∣plain of the people their doing indignity to his Soveraignty, as they might of his Tyranny; Then it were hard for them to assume so for the umpirage of their oun Cause, as to make themselves absolute judges of it, and forth with to reject his Authority upon these debateable grounds. But the Case is not so with us: no Place being left for doubt or debate, but that our fundamental rights & Liberties Civil & Religious are overturned, and an absolute Tyranny exactly Characterized as above is established on the ruines thereof. Hence we have not disouned the pretended Authority, because we judged it was Tyrannical, but because it was really so. Our discretive judgment in the case was not our rule, but it was our understanding of the rule, by which

only we could be regulated and not by the understanding of another, which cannot be better nor so good of our grie∣vances, which certainly we may be supposed to understand best our selves, and yet they are such as are understood every where. To the question then, who shall be Judge between these Usurping & Tyrannizing Rulers & us? we answer briefly & plainly, We do not usu••p a judgment in the case, pretending no more Authority over them in our private Capacity than we allow them to have over us, that is none at all? Nor can we admit that they should be both Judges & party; for then they might challenge that prero∣gative in every case, and strengthen themselves in an in∣controllable immunity & impunity to do what they plea∣sed. But we appeal to the fundamental Lawes of the King∣dom, aggreeable to the word of God, to Judge, and to the whole world of impartial Spectators to read & pro∣nounce the judgment.

L••x Rex Quest. 24. Pag. 213. sayeth in answer to this: There is a Court of Necessity no less than a Court of Justice; And the fundamental Lawes must then speak, and it is with the people in this extremity as if they had no ruler. And as to the doubtsomness of these Lawes he sayeth (1) As the Scriptures in all fundamentals are clear▪ & expone themselves, & actu primo condemn Heresies: So all Lawes of men in their fundamentals, which are the Law of Nature & Nations, are clear (2) Tyranny is more visible & intelligible than Heresie, and its soon discerned—The people have a Natural Throne of Policy in their conscience, to give warning, & ma∣terially sentence against the King as a Tyrant—where Tyranny is more obscure; and the thread smal that it escape the eye of man, the King keepeth Possession, but I deny that Tyranny can be obscure long.

7. I shall grant that many things are yeeldable even to a Grassant Dominator, & Tyrannical Occupant of the place of Magistracy, as 1. There may be some cases, wherein its Lawful for a people to yeeld subjection to a Law∣less Tyrant, when groaning under his overpouring yoke, under which they must patiently bear the in••••••nation of the Lord, because they have sinned against Him, until He

arise & plead His oun Cause & execute judgment in the earth (Mic. 7. 9.) until which time they must kiss the rod as in the hand of God, and oune & adore the holyness & Soveraignty of that Providence that hath subjected them under such a slavery; and are not to attempt a violent ejection or excussion, when either the thing attempted is altogether impracticable, or the means & manner of ef∣fectuating it dubious & unwarrantable, or the necessary Concomitants & consequents of the cure more hurtful or dangerous than the disease, or the like. As in many cases also a man may be subject to a robber prevailing against him: So we find the people of Israel in Egyt & Babylon &c. yeelded subjection to Tyrants. But in this case we deny two things to them (1) Allegiance or active & voluntary sub∣jection, so as to oune them for Magistrats (2) Stupid Passive obedience, or suffering without resistence. For the first, we owe it only to Magistrats, by virtue of the Law either Ordinative of God, or Constitutive of man. And it is no Argument to infer; as a mans subjecting himself to a Robber assaulting him, is no soild proof of his approving or acknowledging the injury & violence committed by the robber, therefore a Persons yeelding subjection to a Ty∣rant a Publick robber does not argue his acknowledging or approving his Tyranny & oppression. For, the subjection that a Tyrant requires, and which a Robber requires, is not of the same nature: the one is Legal of subjects, which we cannot oune to a Tyrant; the other is forced of the sub∣dued, which we must acknowledge to a Robber. But to make the Paralell; If the Robber should demand, in our subjecting our selves to him, an ouning of him to be no robber but an honest man, as the Tyrant demands in our subjecting our selves to him in ouning him to be no Tyrant but a Magistrate, then we ought not to yeeld it to the one no more than to the other. For the Second, to allow them Passive obedience is in-intelligible Non-sense, & a meer Con∣tradiction: for nothing thats meerly passive can be obedien∣ce as relative to a Law, nor can any obedience be meer∣ly passive, for obedience is always active. But not only is the inaccuracy of the Phrase excepted against, but also that

position maintained by many, that in reference to a yoke of Tyranny there is a time which may be called the proper season of suffering, that is, when suffering (in opposition to acting or resisting) is a necessary & indispensible duty, and resisting is a sin: For if the one be an indispensible duty, the other must be a sin at the same time: But this cannot be admitted. For, though certainly there is such a season of suffering, wherein suffering is Lawful, laudable & ne∣cessary, and all must lay their account with suffering, and litle else can be attempted but which will encrease suffe∣rings; yet even then we may resist as well as we can: and these two, Resistence & Suffering at the same time, are not incompatible: David did bear most patiently the in∣jury of his Sons usurpation, when he said, let the Lord do to me as seemeth Him good 2 Sam. 15. 26. ch. 10. 12. and be∣taketh himself to fervent prayers Psal. 3. and yet these were not all the weapons he used against him, Neither did he ever oune him as a Magistrate. We are to suffer all things patiently as the Servants of the Lord, and look to Him for Mercy & relief (Psal. 123. 2.) but we are not obliged to suffer even in that season, as the slaves of men. Again, suffering in opposition to resistence, does never fall under any moral Law of God, execept in the absolutely extra∣ordinary Case of Christs passive obedience, which cannot fall under our deliberation or imitation; Or in the case of a positive Law, as was given to the Iewes to submit to Ne∣buchadnezzar, which was express & peculiar to them, as shall be cleared. That can never be commanded as in∣dispensible duty, which does not fall under our free will or deliberation, but the enemies will as the Lord permits them, as the Case of suffering is. That can never be indis∣pensible duty which we may decline without sin, as we may do suffering if we have not a call to it; yea in that case it were sin to suffer, therefore in no case it can be formally indispensibly commanded, so as we may not shift it if we can without sin. Suffering simply the evil of punishment, just or unjust, can never be a conformity to Gods pre∣ceptive Will but only to His Providential disposal, it hath not voluntas signi for its rule, but only voluntas beneplaciti.

All the Commands that we have for suffering, are either to direct the manner of it, that it be Patiently & Chearfully, when forced to it wrongfully 1 Pet. 2. 19, 20. or Compa∣ratively to determine our choise in an unavoidable alternati∣ve, either to suffer or sin: and so we are commanded rather to suffer than to deny Christ, Math. 13. 33. and we are commanded upon these termes to follow Christ to take up His Cross, when He layes it on in His Providence Math. 16. 24. See at length this cleared Lex rex Q. 30. Pag. 317-320. otherwise in no case subjection even Passive can be a duty; for it is allwise to be considered under the notion of a plague, Judgment, & Curse to be complained of as a burden, never to be ouned as a duty to Magistrats. As we find the Lords, people resenting it as a servitude, under which they were servants even in their oun Land, which did yeeld increase unto the Kings whom the Lord had set over them because of their sins, Neh. 9. 36. 37. 2. In diverse cases there may be some Complyance with a meer occupant, that hath no right to reign; as upon this account the Noble Marquis of Argyle and Lord waristoun suffered for their Complyance with the Usurper Cromuel. Such may be the warrantableness, or goodness, or necessity, or profitableness of a Complyance, when people are by Pro∣vidence brought under a yoke which they cannot shake off, that they may part with some of their Priviledges for the avoidance of the loss of the rest, and for the conveniency & profit, peace & safety of themselves and their Countrey, which would be in hazard if they did not comply; they may do whatsoever is due from them to the Publick weal, what soever is an office of their station or place, or which they have any other way a call unto, whatsoever may make for their oun honest interest, without wronging others or the Countries Liberties in their transactions with these Powers, even though such a Complyance may be occa∣sionally to the advantage of the Usurpers: Seeing good & necessary actions are not to be declined for the ill effects that are accidental to them, and arise from the use which others make of them. But though this may be yeelded in some cases to such Usurpers, especially Conquerers, that

have no right of occupying the empire, but are Capable of it by derivation from the peoples consent: yet it must not be extended to such Usurpers as are also Tyrants, that have no right of their oun, nor are capable of any, and that overturn all rights of subjects. To such we can yeeld no Complyance, as may infer either transacting with them, or ouning them as Magistrates. We find indeed the Saints enjoyed Places under these, who were not their Magi∣strates; as Nehemiah, & Mordecai, and Esther was Queen to Ahaswerus. But here was no Complyance with Tyrants (for these Heathens were not such) only some of them were extraordinary Persons, raised up by an extraordinary spirit, for extraordinary ends, in extraordinary times, that can∣not be brought to an ordinary rule, as Esthers Mariage; and all of them in their places kept the Law of their God, serv∣ed the work of their generation, defiled not themselves with their Customes, acted against no good, and engaged to no evil, but by their Complyance promoted the well∣fare of their Countrey, as Argyle & waristoun did under Cromuel. Again, we find they payed Custom to them, as Neh. 9. 36. 37. and we read of Augustus his taxation uni∣versally complyed with Luk. 2. 1-5. and Christ payd it. This shall be more fully answered afterwards. Here I shall only say (1) It can never be proven that these were Tyrants. (2) Christ Paid it with such a Caution, as Leaves the title unstated; not for conscience (as tribute must be paid to Magistrats Rom. 13. 5, 6.) but only that he might not offend them (3) Any other instances of the Saints taxations are to be judged forced acts, badges of their bondage, which if they had been exacted as tests of their allegiance, they would not have yeelded. Strangers also, that are not sub∣jects, use to pay Custom in their trafficquing, but not as tests of their allegiance. 3. There may be also in some cases obe∣dience allowed to their Lawful Commands, because of the Lawfulness of the thing commanded, or the coincidency of another Just & obliging Authority commanding the same. We may do many things Tyranno Iubente which he com∣mands, and Tyranno premente which he enforces, and many things also ipso sou volente seu nolente whether he will or not

But we must do nothing Tyranni jussu upon the considera∣tion of his Command, in the acknowledgment of obe∣dience due by virtue of Allegiance, which we oune of Conscience to a Lawful Magistrate. We must do nothing which may seem to have an accessoriness to the Tyrants unlawful occupancy, or which depends only on the war∣rant of his Authority to do it, or may entrench on the Di∣vine Institution of Magistracy, or bring us into a Participa∣tion of the Usurpers sin. In these cases we can neither yeeld obedience in Lawful things, nor in unlawful:

Nor can we oune absolute subjection, no more then we can oune absolute obedience; for all subjection is enjoined in order to obedience: And to plead for a Priviledge in point of obedience, and to disclaim it in point of subjection, is only the flattery of such, as having renounced with con∣science all distinction of obedience, would divest others of all priviledges, that they may exercise their Tyranny without Controll. Napthali pag. 28. prior edit. 4.

There may be Addresses made, to such as are not rightful Pos∣sessors of the Government, for justice, or mercy, or re∣dress of some intollerable grievances, without scruple of accepting that which is materially justice or mercy, or seeking them at the hand of any who may reach them out to us, though he that conveyes them to us be not interested in the umpirage of them. Thus we find Ieremiah supplicated Zedekiah for mercy, not to return to prison: and Paul ap∣pealed to Cesar for justice. But in these Addresses, we may not acknowledge the wicked Lawes that brought on these grivances, nor conceal the wickedness no more than the miserie of them which we have endured, nor may we oune the Legal power of them that we address to take them off, nor signify any thing, in the matter or manner of our Re∣presentations, that may either import a declining our Testimony for which we have suffered these grievances, or a contradiction to our declinature of their pretended Authority: Only we may remonstrate what cruelties we have endured, and how terrible it will be to them to be guilty of, or accessory to our blood in not pitying us; which was all that Ieremiah did. And as for Pauls appeal, we find

he was threatened to be murdered by his Countrey-men Act. 23. 14. from whose hands he was rescued, & brought before the judicatory of Festus the Roman deputy, not vo∣luntarely; thence also they sought to remand him to Ieru∣salem, that they might kill him Act. 25. 3. whereupon he demands in justice that he might not be delivered to his accusers & Murderers, but claims the benefite of the Heathens oun Law, by that appeal to Cesar. which was the only constrained expedient of saving his oun life Act. 28. 19. by which also he got an opportunity to witness for Christ at Rome. But as shall be cleared further afterwards; Cesar was not an Usurper over Iudea: which not obscurely is insinuated by Paul himself, who asserts, that both his person, & his Cause Criminal of which he was accused (it was not an Ecclesiastical Cause, & so no advantage hence for the Supremacy) appertained to Cesars Tribunal, and that not only in fact but of right Act. 25. 10. I stand at Cesars judgment seat where I ought to be judged. We cannot say this of any tribunal, senced in the name of them that Tyrannize over us. 5. I will not stand neither upon the Names & Titles of Kings &c. to be given to Tyrants & Usurpers, in speaking to them or of them, by way of appellation or compellation: for we find even Tyrants are called by these names in Scripture, being Kings de fact•• though not dejure, and indeed not impertinently Kings & Tyrants for the most part are reciprocal termes. But in no case can we give them any Names or Titles, which may signify our love to them whom the Lord hates or 〈◊〉〈◊〉 hate the Lord 2 Chron. 19. 2. or which may flatter them, which Elihu durst not give, for fear his Maker should take him away Iob. 32. 22. or which may be taken for honouring of them, for that is not due to the vile•• of men when exalted never so high Psal. 12. ult: a vile person must be contemned in our eyes Psal. 15. 4. Nor which may any way import or infer an ouning of a Magistratical relation between them & us, or any Covenant transaction or Confederacy with them, which in no termes with them as such we will say or oune Isa. 8. 12. Hence many sufferers upon this head so bear to give them their Titles.

8. It will be yeelded very readily by us, that a Magi∣strate is not to be disouned meerly for his differing in Religion from us, yea though he were a Heathen. We do not dis∣oune our pretended Rulers meerly upon that account, but chearfully do grant & subscribe to that Truth, in our Con∣fession of faith chap. 23. § 4. That Infidelity or difference in Re∣ligion, doth not make void the Magistrates just & Legal Autho∣rity, nor free the people from their due obedience to him: On which our Adversaries have insulted, as if our Principles & Prac∣tices were therby disproved. But it is easy to answer 1. let the words be considered; and we are confident, that

no sober man will think, the acknowledgment of just & legal Authority & due obedience, a rational ground to infer, that Tyranny is thereby either allowed or privi∣ledged, Napth. Pag. 60. Prior Edition. 2.

Though In∣fidelity or difference of Religion does not make void Authority where it is Lawfully invested; yet it may inca∣pacitate a person, and Lawfully seclude him from Autho∣rity, both by the word of God, which expressly forbids to set a Stranger over us who is not our brother Deut. 17. 15. Which includes as well a stranger of a strange Religion as one of a strange Countrey, and by the Lawes of the Land, which do incapitate a Papist of all Authority, Supreme or subordinate. And so if this Iames the 7/2 had been King be∣fore he was a Roman Catholick, if we had no more to object, we should not have quarrelled his succession. 3. We both give & grant all that is in the Confession, viz. Dominium non fundari in gratia, that Dominion is not founded on Grace. Yet this remains evident, that a Prince who not only is of another religion, but an avowed enemy to & overturner of the Religion established by Law, and intending & endea∣vouring to introduce a false, heretical, blasphemous, & Ido∣latrous religion, can claim no just & legal Authority, but in this case the people may very Lawfully decline his pre∣tended Authority; Nay they are betrayers of their Countrey & Posterity, if they give not a timeous & effectual Check to his Usurpings, and make him sensible that he hath no such Authority. Can we imagine, that men in the whole of that blessed work so remarkably led of God, being convocate

by a Parliament of the wisest & worthyest men that ever was in England, whom they did encourage, by writing, & preaching, & every way to stand fast in their opposi∣tion to the then King displaying a banner for his preroga∣tive (a court dream) against Religion & Liberty; should be so far left, as to drop that as a principle & part of our Re∣ligion, which would sacrifice Religion it self to the lust of a raging Tyrant? Must we beleeve, that a Religion-destroying Tyrant is a righteous Ruler? And must we onne him to be a Nursing father to the Church? Shall we con∣clude that the common bounds & Limits, whereby the Almighty hath bounded & Limited Mankind, are re∣moved by an Article of our confession of faith, which here∣by is turned into a Court creed? Then welcome Hobs de Cive, with all the rest of Pluto's train, who would bable us into a belief, that the world is to be governed according to the pleasure of wicked Tyrants. I would fain hope at length the world would be awakened out of such ridicu∣lous dreams, & be ashamed any more to oune such fooleries. And it may be, our two Royal Brothers have contributed more to cure men of this Moral madness, than any who went before them. And this is the only advantage, I know, that the Nations hath reaped by their reign.

9. Though we deny that Conquest can give a just Title to a Croun; yet we grant in some cases, though in the be∣gining it was unjust yet by the peoples after consent it may be turned into a just Title. It is undenyable, when there is just ground of the war; if a Prince subdue a whole Land, who have justly forfeited their Liberties, when by his grace he preserves them, he may make use of their right now forefeited, and they may resign their Liberty to the Conque∣ror, and consent that he be their King upon fair & Legal & not Tyrannical conditions. And even when the war is not just, but successful on the invading Conquerours side, this may be an inducement to the Conquered, if they be indeed free and uningaged to any other, to a submission, dedition, & delivery up of themselves to be the subjects of the victor, and to take him for their Soveraign: as it is like the case was with the Jewes in Cesars time, whose Go∣vernment

was translated by dedition to the Roman power; in the translation when a doing there was a fault, but after it was done it ceased; though the begining was wrong, there was a post-fact which made it right, and could not be dissolved without an unjust disturbance of publick order. Whence, besides what is said above, in answer to that much insisted Instance of Christs paying tribute, and Com∣manding it to be paid to Cesar, the difficulty of that instance may be clearly solved. That Tribute which he paid, Math. 17. 24. &c. and that about the payment whereof He was questioned Math. 22. 21. seem to be two different Tributes. Many think very probably they were not one & the same Tribute. Its a question, for whom & by whom that of Math. 17. was gathered; its most likely it was gathered by the officers of the Temple for its service: however the pay∣ment was made with such caution (tacitely declining the strict right to exact it from him, but to avoid offence, in an act in it self unobliging) that their claim is left as much in the dark, as if the question had never been moved. The other Math. 22. was exacted for Cesar: but to that captious question our Lord returns such an Answer, as might both solve it, and evade the snare of the proponders, giving a general Rule of giving to God & to Cesar each their oun, without defining which of them had the right to the pay∣ment in question; whether Cesar should have it, or whe∣ther it should be payed only for the Temples use: Upon which they marvelled; which they needed not do, if they had understood in His words an express & positive declara∣tion of an obligation to make that payment to Cesar; for then they would have obtained one of their ends, in mak∣ing Him odious to the people, who were not satisfied with the payment of it. But however, the knot is loosed by considering, that they were now Lawfully subject to the Roman Emperours as their Governours, to whom they were obliged (I do not say Christ was) to pay tribute. For they had yeelded themselves unto & ouned the Roman Dominion, in Pompey, Cesar Augustus, & Tiberius, ere this question about Tribute paying was proposed to our Saviour, and therfore they who stuck at the payment of

it were a seditious party dissenting from the body of the Nation: Else it is not supposable readily, that their Do∣minion in Iudea could have been exercised long without some consent, sufficient to legitimate it to the present Ru∣lers, And this is the more likely, if we consider the con∣fession of the Iewes themselves, disavowing the power of Capital punishment; It is not Lawful for us to put any man to death, And ouning Cesar as their King, with an exclusive a brenounciation of all other, we have no King but Cesar: As Paul also acknowleeges he ought to be judged at Cesars bar, in his appeal to Cesar. It is also acknowledged by very good Authors, that this was the tribute which Iudas the Galilean stood up to free the people from, and that the se∣dition of those Iewes that folowed him mentioned Act. 5. 37. who mutinied upon this occasion, was according to Gamaliels speech disallowed by that Sanhedrin or Council of the Iewes. And it may be gathered out of Iosephus, that the Iewes of Hircanus his party came under the Roman power by consent & dedition; while they of Aristobalus his party looked upon the Romans as Usurpers. Which difference continued till our Saviours time, when some part of them acknowledged the Cesarean Authority, some part looked upon it as an Usurpation, and of this generally were the Pharisees. To confirm this, Calvins Testimony may be adduced, upon Math. 22. who sayeth,

the Authority of the Roman Emperours was by common use approved and re∣ceived among the Iewes, whence it was manifest that the Iewes had now of their oun accord imposed on them∣selves a Law of paying the tribute, because they had passed over to the Romans the power of the sword.

And

Chamiers Panstrat Tom. 2. lib. 15. cap. 16. pag. 635. what then? if Cesars Authority were from bad beginings, did therefore Christ untruly say it was from above? Can no power at first unjust, afterward become just? if that were so, then either none, or very few King••oms would be just.

10. As Tyranny is a destructive plague to all the Inte∣rests of men & Christians; So Anarchy, the usual product of it, is no less pernicious, bringing a Community into a

Paroxysme as deadly & dangerous. We must oune Go∣vernment to be absolutely necessary, for the constitution & conservation of all Societies. I shall not enter into a disquisition, let be determination, of the Species or Kind of Magistracy, whether Monarchy, Aristocracy, or Demo∣cracy, be preferable. My dispute at present is not levelled against Monarchy, but the present Monarch: Not against the Institution of the Species (though I beleeve, except we betake our selves to the Divine allowance & permission; we shal be as pusled to find out the Divine Original of it, as Cosmographers are in their search of the Spring of Nilus or Theologues of the Father of Melchizedeck) but the con∣stitution of this Individual Monarchy established among us; which in its root & branch, Spring & streams, in its Original, Nature, ends, & effects, is Diametrically op∣posite to Religion & Liberty; And because its Contagion, universally perverting & corrupting all the ends & Orders of Magistracy, doth affect & infect all the subordinate offi∣cers, deriving their power from such a filthy fountain; we must also substract & deny their demanded ackowledg∣ments, as any way due, so long as they serve the pride & projects of such a wicked power: And do not reckon our selves obliged by Covenant, or any otherways (though in the third Article of the Solemn League, we are bound to preserve the rights & priviledges of our Parliaments, & consequently the honour & deference thats due to our Peers, or other Parliament men, acting according to the trust committed to them, but not when they turn Traitors ingaged in a Conspiracy with the Tyrant) to oune or de∣fend a Soul-less shadow of a Court Cabal, made up of persons who have sold themselves to work wickedness, in conspiring with this throne of iniquity against the Lord, which is all we have for a Parliament, whom we can in no ways oune as our Representatives, but must look upon them as perjured & perfidious Traitors to God & their Countrey, which they have betrayed into the hands of a Tyrant; And therefore divested of that power & Autho∣rity, which they had of the people as their Representatives, which now is returned to the fountain. And therefore

we must act as we can against them, and also what is ne∣cessary for securing of our selves, Religion & Liberty, without them. We would think Nobles, ennobled with virtue, a great Mercy & encouragment. And if they would concur in the Testimony for Religion & Liberty, we would be glad that they should lead the van and prove themselves to be powers appointed by God, in acting for Him & His Interest. But for the want of their Conduct, we must not surcease from that duty that they abandon, nor think that the Concurrence of Peers is so necessary to legitimate our actions, as that without that formality our resolutions to maintain the Truth of God on all hazards, in a private Capacity, were unlawful in the Court of God & Nature: But on the contrare must judge, that their re∣linquishing or opposing their duty, which before God they are obliged to maintain, preserve, & promove, is so far from loosing our obligation, or eximing us from our duty, that is should rather press us to prosecute it with the more vigour, without suspending it upon their precedency. For now they can pretend to no precedency, when they do not answer the end of their erection, and do not seek the pu∣blick good but their oun private advantage, they cease to be the Ministers of God & of the people, and become pri∣vate persons. And reason will conclude, that

when the Ephori or Trustees betray their Trust, and sell or basely give away the Liberties & Priviledges of the people, which they were entrusted with, the people cannot be brought into a remediless condition; if a Tutor waste & destroy the pupills estate,the Law provides a remedy for the pupil

Ius popu. vind. cap. 15. pag. 335. 336.

The remedy in this case can only be, as every one must move in his oun sphere, while all concur in the same duty; So if any in higher place become not only remiss, but according to the influence of their power would seduce others into their Apostasie, it is their duty to resist & endeavour their Reformation or removal: And if these more eminently entrusted shall turn directly Apo∣states, & obstructive & destructive to common Inte∣••••••••, the people of an inferior degree may step forward

to occupy the places, & assert the Interests, which they forefault & desert. Neither is this a breach of good order; for Ordor is only a mean subordinate to, & intended for the Glory of God & the peoples good, and the regulation thereof must only be admitted as it is conducible & not repugnant to these ends. A Generals command to his souldiers in battel, does not impede the necessity of succession, in case of vacancy of any charge, either through death or desertion, even of such as in quality may be far inferior to those whose places they step into,

Naph. Pag. 151. Prior Edition. I do not assert this for private peoples aspiring into the Capacity of Primores or Peers; but that they may do that which the Peers desert, and dare not or will not do, if the Lord put them in a Capacity to do it. And more plainly I assert, that if the Peers of the Land, whose duty it is principally to restrain & repress Tyranny, either connive at it or concur with it, and so abandon or betray their Trust, then the Common people may do it; at least are obliged to renounce, reject, & disoune allegiance to the Tyrant, without the peers. For which I offer these reasons 1. Because all men have as much freedom & Liberty by nature as Peers have, being no more slaves than they; because slavery is a penal evil contrare to nature, and a miserie consequent of sin, and every man created according to Gods image is res Sacr•• a Sacred thing; And also no more subjects to Kings &c. than they; freedom being natural to all, (except freedom from subjection to Parents, which is a Moral duty & most kindly & natural, and subjection of the wife to the husband &c.) but other∣wise as to Civil & Politick subjection, man by nature is born as free as beasts; No Lyon is born King of Lyons, nor no man born King of men, nor Lord of men, nor Repre∣sentative of men, nor Rulers of men, either supreme or subordinate; because none by nature can have those things that essentially constitute Rulers, the calling of God, nor gifts and qualifications for it, nor the election of the People. 2. The original of all that power, that the 〈◊〉〈◊〉 or Representatives can claim, is from the people, not from themselves; from whence derived

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they their being Representatives, but from the peoples Commission or Compact? when at the first constit••tion of Parliaments or publick Conventions for affairs of State, necessity put the people, who could not so conveniently meet all, to confer that honour & burden upon the best qualified, & who had chief Interest, by Delegation. Hence if the people give such a power, they may wave it when perverted, and act without their oun impowered Ser∣vants. 3. The peoples power, is greater than the power of any delegated or constituted by them; the Cause is more than the effect; Parliament-men do represent the people, the people do no not represent the Parliament: They are as Tutors & Curators unto the people, and in effect their servants deputed to oversee their publick affairs, therefore if their power be less the people can act without them. 4. It were irrational to imagine, the people committing the administration of their weighty affairs unto them, did de∣nude themselves of all their radical power; or that they can devolve upon them, or they obtain, any other power but what is for the good & advantage of the people; therefore they have power to act without them, in things which they never resigned to them: for they cannot be deprived of that natural aptitude, & natures birth right, given to them by God & Nature, to provide the most efficacious & prevalent means for the preservation of their Rights & Liberties. 5. As the people have had power before they made Peers, and have done much without them; So these Primores could never do without them, therefore in acts of com∣mon Interest, the Peers depend more upon the people than the people does upon them. 6. All these primeve rights, that gave rise to Societies, are equal to both People & Peers, whereof the Liberty to repress & reject Tyranny is a chief one. The People as well as Peers have a hard in making the King, and other Judges also, as is clear from Deut. 17. 14. Iudg. 9. 6. 1 Sam. 11. 15. 2 King. 14. 21. therefore they may unmake them as well as they. To seek to preserve the ends of Government, when they are over-turned, is essentially requisite to all Societies, and there∣fore common & competent to all Constituents of these

Societies, Superiours or inferiours. The Glory of God & Security of Religion, the end of all Christian Govern∣ment, doth concern all equally. As every one equally is bound to obey God rather than man, so violence in this case, destroyes both the Commonwealth, & maketh the end & the means of Government, and the injured persons obligation thereto to cease, and this equally to every man of Private or publick Capacity. In the Concern of Religion at least, We must not think, because we are not Nobles or in Authority, that the care of it or Reformation thereof does nothing pertain to us; Nay in that, and carrying on the work thereof, there is an equality; As in the erection of the Old Testament Tabernacle, all the people were to contribute a like, half a shekel Exod. 30. that it might be for a rememberance before the Lord. Hence it followes, if we disoune the Supreme Ruler, and the inferior confede∣rate with him, and cannot have the Concurrence of others;

Now through the manifest & notorious Perversion of the great ends of Societie & Government, the bond thereof being dissolved, we Liberated there-from, do relapse into our Primeve Liberty & Priviledge, and accordingly as the similitude of our Case & exigence of our Cause doth require, may upon the very same Principles again joine & associate, for our better defence & Preservation, as we did at first enter into Societies Naph. P. 150.

yet, whatever we may do in this case; We are not for pre∣sumptuous Assumptions of Authority, which maleversers have forefaulted: Neither are we for new erections of Go∣vernment, but are for keeping the Societie of which we are members intire, in an endeavour to have all our fellow members united unto God & to one another, in Religion & Liberty, according to the bond of the Solemn League & Covenant. Certain it is that Greater Societies under one Government, may in some cases make a Secession, & divide into Lesser without sedition: or else, how would there be now so many distinct Common-wealths in the world? seeing at first all was under one head: and how comes it to pass, that there are so many Kingdoms in Eu∣rope, when it can be instanced when all, or the most part,

were under on Roman Emperour? But this in our Circum∣stance is no way expedient, neither was it ever in Pro∣jection. But our aim is to abstract our selves inoffensively, and maintain our rights that remain unrobbed, and to ad∣here clossly to the fundamental Constitutions, Lawes, & Laudable Practices of our native Kingdome.

11. We oune the obligation of our Sacred Covenants, unrepealably & indispensibly binding to all the duties of Christian subjection to Magistrates. But we deny, that hereby we are bound either to maintain Monarchy, especially thus perverted; nor to oune the Authority of either of the two Monarchs that have Monarchized or Tyrannized over us these 27 years past. For as to the first we assert, that that which is in its oun nature Mutable, cannot be simply sworn unto to be maintained & preserved, but Hypothetically it most, else it were simply sinful; since it were to make things, in their oun nature and in the Providence of God changable, unchangable; yea it were a doun right swear∣ing not to comply with, but to spurn against, the various vicisitudes of Divine Providence, the great Rector of the Universe. And it is unquestionable, that when things al∣terable & unalterable are put in the same Oath, to make the Engagment Lawful the things must be understood, as they are in their oun nature and no otherwise: else both the Imposer & the Taker grievously transgress; the former, in taking upon him what is in the power of no Morta, and a Contradicton to the Prerogative of the Immorta God; and the other, in ouning that power as just. Hence when these two fall to be in the same Oath, they must be so under¦stood as it may not be made a snare to the conscience of the Sweaer. For it may fall so out in the Providence of God, that the Preservation of both is in all respects made imposs∣ible: And an adhesion to the one, may so far interfere with the Preservation of the other, as if the Mutable and that which hath no objective obligation be stuck to, the other, which with the loss of all Interests we are to main∣tain, must be abandoned; yea, that which was sworn to be maintained as a mean only, & a mutable one too, may not only cease to be a mean, but may actually destroy the

main end, and then it is to be laid aside, because then it inverts the order of things. Hence also it may be question∣ed, if it were not more convenient, to leave out those things that are alterable in themselves, out of the same Oath with things unalterable, and put them in a distinct Oaths or Covenant by themselves; as we see Iehojadah did 2 King. 11. 17. He made a Covenant between the Lord and the King & the people, that they should be the Lords people; between the King also & the People. Here are two distinct Covenants; the one made with God, about things eternally obliga∣tory, wherein King & people engage themselves upon level ground, to serve the Lord, and Joash the King his treacherous dealing with God in that matter brought the Curse of that Covenant upon him: The other Covenant was Civil, about things alterable, relating to Points of Government & Subjection. And as he, by virtue of that prior Covenant, had obliged himself, under the pain of the Curse thereof, to carry as one Covenanted to God with the people, and so not to Tyrannize over his brethren: So the people, by virtue of that same Covenant, were to yeeld obedience, but in nothing to acknowledge him as having power or Authority to countermand Gods Com∣mand; Neither had it been an act of disloyaltie, to have broken doun his Groves, which he had with the addition of the guilt of Perjurie set up, and to have bound his un∣grateful hands from the blood of the Gracious Zechariah: A perfect parallel to our Case under the former domina∣tor, save that it was out-done as to all dimensions of wick∣edness by him. To speak more plainly, the Religious part of our Covenant is of an Eternal obligation: but as to the Civil part, it is impossible it can ever be so, unless it be well & Cautiously understood, that is, unless instead of any species of Government, as Monarchy, &c. we put in Magistracy it self. For this is that power which is of God: but Monarchy &c. is only a humane Creature, about the creation whereof men take a Liberty, according to what suits them best in their present Circumstances. And as to this Species of Monarchy; men are never left at Liberty▪ to cloath therewith any inept or impious Person. And

they are perfectly loosed from it. 1. when that Species of Government becomes opposite to the ends of Govern∣ment, and is turned Tyranny, especially when a legal establishment is pretended; then it affects with its contagi∣on the very species it self: The house is to be pulled doun, when the Leprosie is got into the walls & foundation. 2. when as it is exercised, it is turned inept for answering the end of its erection, and prejudicial to the main thing for which Government is given, to wit, the Gospel and the coming of Christs Kingdom: hence it is promised to the Church, Isai. 49. 23. Kings shall be nursing fathers to the Church—And Isai. 52. 15. It is promised to the Me••iator, that Kings shall shute their mouths—I. e. never a word in their head, but out of reverence & respect to His absolute Soveraignty, they shall take the Law from Him, without daring to contradict, far less to take upon them to prescribe in the House of God, as they in their wisdom think fit. 3. when Providence, without any sinful hand, makes that species impossible to be kept up, without the ruine of that for which it was erected: when things come to this push & pinch, whosoever are cloathed with the power are then under an obligation to comply with that alteration of pro∣vidence, for the safety of the people; else they declare themselves unworthy of rule, and such who would sacri∣fice the interest of the people to their particular interest; in which case the people may make their Publick servant sens∣ible, he is at his highest elevation but a Servant. Hence, now when this species named in the Covenant, viz, Monarchy, is by Law so vitiate, as it is become the mean & instrument of the destruction of all the ends of that Covenant, and now by Law transmitted to all successors as a hereditary, pure, perfect, & perpetual opposition to the coming of Christs kingdom; So that as long as there is one to wear that Croun (but Iehavah will in righteousness execute Coniahs doom upon the race Ier. 22. ult. write this man childless—) and enter heir to the Government as now established, he must be an enemy to Christ; there is no other way left, but to think on a new Modell moulded according the true Pattern. As to the Second, we are far less obliged to oune

& acknowledge the interest of any of the two Monarchs, that we have been Mourning under these many years, from these Sacred Covenants. For as to the first of them, Charles the 2. Those Considerations did cassate his Interest, as to any Covenant obligation to oune him. 1. In these Covenants we are not sworn absolutely to maintain the Kings Person & Authority, but only Conditionally, in the Preser∣vation & defence of Religion & Liberties. Now when this Con∣dition was not performed, but on the contrare professedly resolved never to be fulfilled; And when he laid out him∣self to the full of his power & Authority, for the destuction of that Reformed Religion & Liberties of the Kingdom; which he solemnly swore to defend when he received the Croun, only in the termes that he should be a Loyal subject to Christ, and a true & faithful Servant to the people, in order to which a Magistrate is chosen, and all his worth, excellency, & valuableness consists in his answering that purpose; for the excellency of a mean, as such, is to be measured from the end, and its answerableness thereun∣to: We were not then obliged, to maintain such an ene∣my to these precious Interests. 2. Because, as the people were bound to him, so he was bound to them by the same Covenant, being only on these termes entrusted with the Government: All which Conditions he perfidiously broke, whereupon only, his Authority & our Allegiance were founded; And thereby we were loosed, from all recipro∣cal obligation to him by virtue of that Covenant. 3. Though he and we stood equally engaged to the duties of that Cove∣nant, only with this difference, that the Kings Capacity being greater, he was the more obliged to have laid out that power, in causing all to stand to their Covenant En∣gagments, as Iosiah did 2 Chron. 34. 31, 32, 33. (But alas there was never a Iosiah in the race) yet he rose up to the hight of rebellion against God and the people, in heaven-daring insolency, and not only brake but burnt that Cove∣nant, and made Lawes to case & rescind it, and made a not-concurring in this Conspiracy a note of incapacity for any Trust, in Church or State. Therefore to plead for an ouning of him in this case, were only concludent of this,

that the Generation had dreamed themselves into such a distraction, as may be feared will be pursued with de∣struction, and make such dreamers the detestation of posterity, and cause all men Proclaim the righteousness of God, in bringing ruine upon them by that very power & Authority they ouned in such circumstances. 4. It is a known maxime, Qui non implet conditionem a se promissam cadit beneficio; & qui remittit obligationem non potest exigere. He that does not fulfill the conditions falls from the benefit of it, and whoso remitts the obligation of the party obliged upon condition, cannot exact it afterwards. So then it is evident that the subjects of Scotland, were by King Charles the 2^de his consent, yea express command, disengaged from so much of that Covenant as could be alledged in favors of himself: So that all that he did, by burning & rescinding these Co∣venants, and pursuing all who endeavoured to ad••ere to them, was a most explicite Liberating his subjects from, & remission of their Allegiance to him (and in this we had been fools, if we had not taken him at his word) yea he rescinded his very Coronation, by an act of his first Parliament after his return, which did declare null & void all Acts, Constitutions, & establishments, from the year 1633 to that present session, not excepting those for his oun Coro∣nation, after which he was never recrouned, And there∣fore we could not oune that right, which himself did annul. But as for his Royal Brother, Iames the 7/2 we cannot indeed make use of the same reasons & arguments, to disoune him, as we have now adduced▪ yet, as we shall prove afterwards, this Covenant does oblige to renounce him. So it is so clear, that it needs no Illustration, that there lies no obligation from the Covenant to oune him: And also that for this cause we are obliged not to oune him. 1. Because as he is an enemy to the whole of our Co∣venant, and especially to these terms upon which Au∣thority is to be ouned therein: So he will not come under the bond of this Covenant, nor any other compact with the people, but intrude himself upon the Throne, ••n such a way as overturns the Basis of our Government, and destroyes all the Liberties of a free people, which by Co∣venant

we are bound to preserve, and consequently as inconsistent therewith, to renounce his Usurpation. For, a Prince that will set himself up without any trans∣actions with the people, or conditions giving Security for Religion & Liberty, is an Usurping Tyrant, not bounded by any Law but his oun lusts. And to say to such an one, Reign thow over us, is all one as to say, come thow and play the Tyrant over us, and let thy lust & will be a Law to us: which is both against Scripture & Natural-sense. If he be not a King upon Covenant termes, either expressly or tacitely, or general stipulations according to the word of God & Lawes of the Land, he cannot be ouned as a father, Protector, or Tutor, having any fiduciary power entrusted to him over the Commonwealth, but as a Law∣less & absolute Dominator, assuming to himself a power to rule or rage as he lists: whom to oune were against our Covenants; for there we are sworn to Maintain his Maj. just & Lawful Authority, and by consequence not to oune Usurpation & Tyranny, stated in opposition to Religion & Liberty, which there also we are engaged to maintain. Sure, this cannot be Lawful Authority which is of God, for God giveth no power against Himself; Nor can it be of the people, who had never power granted them of God to create one over them, with a Liberty to destroy them, their Religion & Liberty, at his pleasure. 2. As he is not nor will not be our Covenanted & sworn King (and therefore we cannot be his Covenanted & sworn subjects) So he is not nor can not be our Crouned King, and therefore we must not be his Liege subjects, ouning fealty & obedience to him. For according to the National Covenant; as

all Lieges are to maintain the Kings Authority, consistent with the subjects Liberties; which if they be innovated or prejudged, such Confusion would ensue, as this realme could be no more a free Monarchy—So for the Preservation of true Religion, Lawes, & Liberties of this Kingdom, it is statute by the 8 Act. Parl. 1, repeated in the 99 Act. Parl. 7. ratified in the 23. Act. Parl. 11. and 114 Act. Parl. 12. of King Iames 6. and 4 Act of K. Charles 1. that all Kings & Princes •• at their coronation &

reception of their Princely, Authority, shall make their faithful Promise by their solemn Oath, in the presence of the Eternal God; That enduring the whole time of their lives, they shall serve the same Eternal God, to the utter-most of their power, according as He hath required in His most holy Word, contained in the Old & new Testaments, and according to the same Word, shall maintain the true Religion of Christ Jesus, the preaching of His holy Word, the due & right Ministration of the Sacraments, now received & Preached within this realme (according to the Confession of faith immediatly preced∣ing) and shall abolish & gainstand all false religion, con∣trary to the same; And shall rule the people committed to their charge, according to the will & Command of God, revealed in His fore-said Word, and according to the Laudable Lawes & Constitutions received in this realme, no wayes repugnant to the said Will of the Eter∣nal God; And shal procure, to the uttermost of their power, to the Kirk of God & whole Christian people, true & perfect peace in all time coming; And that they shall be careful to root out of their Empire all Hereticks & Enemies to the true Worship of God, who shall be convicted by the true Kirk of God of the foresaid Crimes.

Now this Coronation Oath he hath not taken, he will not, he cannot take; and therefore cannot be our Crouned King according to Law. As there be also many other Lawes incapacitating his admission to the Croun, being a Professed Papist, and no Law for it at all, but one of his oun making by a Pacqued Cabal of his oun Complices, a Parliament, wherein himself presided as Commissioner, enacting mat∣terially his succession, and rescinding all these Ancient Lawes: which Act of Succession (which is all the legal right he can pretend to in Scotland) because it cannot be justified, therefore his right cannot be ouned, which is founded upon the subversion of our Ancient Lawes. But as he cannot be our Legally Crouned King, so he is not so much as for∣mally Crouned. And therfore before his Inauguration, whatever right to be King (whom the Representatives may admit to the Government) he may pretend to, by here∣ditary

Succession; yet he cannot formally bemade King, till the people make a Compact with him, upon termes for the safety of their dearest & nearst Liberties, even though he were not disabled by Law. He might, as they say, pretend to some jus ad rem, but he could have no jus in re. The Kings of Scotland, while uncrouned, can exerce no Royal Go∣vernment; for the Coronation in Concret, according to the substance of the Act, is no Ceremonie (as they, who make Conscience it self but a Ceremony, call it) nor an accidental ingredient in the Constitution of a King, but as it is distinctive, so it is Constitutive: it distinguished Saul from all Israel, and made him from no King to be a King, it is dative & not only Declarative; it puts some honour upon him that he had not before. 3. Though the Lawes should not strike against his Coronation, And though the Repre∣sentatives Legally should take the same measures with him that they took with his brother, and admit him upon the termes of the Covenant; yet after such doleful experien∣ces of such transactions with these Sons of Belial, who must not be taken with hands, nor by the hand, it were hard to trust, or entrust them with the Government, even though they should make the fairest Professions: Since they whose Principle is to keep no faith to Hereticks (as they call us) and who will be as absolute in their promises as they are in their power, have deservedly forefeited all Credit & Trust with honest men; so that none could rationally refer the determination of a half Croun reckoning to any of them, far less oune them & their Government in the Managment of the weightiest affairs of State, since their Male-versations are written in such bloody Characters, as he that runs may read them. At least it were wisdom, & is our duty, to take our Measures from the General Assemblies Proce∣dure with the other Brother, before his admission to the Government, to suspend our Allegiance to him until Authority be Legally devolved upon him, and founded upon & bounded by termes giving all security for Religion & Liberty.

12. As I said before; wary Prudence, in waving such an impertinent & Ticklish Question, cannot be condemned:

since what ever he may be in conscience, no man in Law can be obliged, so far to surrender the common Priviledge of all Mankind, to give an account of all his inward thoughts, which are alwise said to be free. And as in no∣thing they are more various, so in nothing they can be more violented, than to have our opinion & sentiments of the current Government extorted from us; a declining of which Declaration of thoughts, where no overt Act in project or practice can be proven against it, cannot be Trea∣son in any Law in the world: So a Cautelous Answer, in such a ticklish & entrapping imposition, cannot be censured in point of Lawfullnesse of expediency, even though much be concedded, to stop the Mouths of these bloody Butchers, gaping greedily after the blood of the Answerer; if he do not really oune, but give them to understand he can∣not approve of, this Tyranny. But as these poor faithful Witnesses, who were helped to be most free, have alwise been honoured with the most signal Countenance of the Lord in a happy issue of their Testimony: So those that used their Prudentials most, in seeking shifts to sh••n seve∣rity, and studying to satisfie these Inquisitors with their stretched Concessions, were ordinarly more exposed to snares, and found less satisfaction in their Sufferings, even though they could say much to justify, or at least extenuate their Shiftings. I knew one, who had proof of this, who afterwards was ashamed of this kind of Prudence. A short account of whose managing of Answers to this Question, because it may conduce somewhat to the explication of it, may here be hinted. The question moved after the usual forme, was, Do ye onne the Authority of King Iames the 7? In answer to which, he pleaded first, for the immunity of his thoughts, which he said were not subject to theirs or any Tribunal. When this could not be an evasion from their extortions, he objected the ambiguity of the termes in which the Question was conceived, being capable of di∣verse senses: And inquired, what they meant by Autho∣rity? what by ouning Authority? By Authority, whether did they mean the Administration of it, as now improved? if so, then he was not satisfied with it: or the right as now

established? if so, then he was not clear to give his opinion of it; as being neither significant nor necessary, and that it was fitter for Lawyers, and those that were better acquaint with the Arcana Imperii, than for him to dispute it. Again he asked, what they meant by ouning? either it is Passive subjection; that he did not decline: or Active acknowledgment of it; and that he said he looked upon as all the suffrage he could give to its establishment in his station, which he must demur upon some scruple. The replies he received were very various, and some of them very rare, either for igno∣rance or imposture. Sometimes it was answered: To oune the Kings Authority, is to take the Oath of Allegiance; this he refused. Some answered, it is to engage never to rise in Armes against the King upon any pretence whatsoever; this he refused likewise. Others explained it to be, to ac∣knowledge his right to be King: To this he answered, when the Authority is Legally devolved upon him by the Representatives of both Kingdoms, it was time enough for him to give account of his sentiments. Others defined it, to oune him to be Lawful King by succession: To this he Answered, he did not understand succession could make a man formally King, if there were not some other way of Conveyance of it; it might put him in the nearest Capacity to be King, but could not make him King. Some did thus Paraphrase upon it, that he must oune him to be his Sove∣raign Lord under God, and Gods vicegerent, to be obeyed in all things Lawful: To this he answered, whom God appoints, and the People choose according to Law, he would oune. When those shifts would not do, but from time to time being urged to a Categorical Answer; he told them, he was content to live in subjection to any Government Providence set up, but for ouning the present Constitution as of God and according to Law, he durst not acknowledge it, nor oune any Mor∣tal as his Lawful Soveraign, but in termes consistent with the Covenant securing Religion and Liberty. This not satisfying, when he came to a more pinching Trial; he declared, he ouned all Lawful Authority ac∣cording to the Word of God, and all Authority that was

the Ordinance of God by His Preceptive Will, and he could be subject to any; but further to acknowledge it, he behooved to have more clearness, for sometimes a Nation might be charged with that, ye have set up Kings and not by me &c Further he conceded, he ouned his provi∣dential Advancement to the Throne; he ouned as much as he thought did oblige him to subject himself with pa∣tience; he ouned him to be as Lawful as providence pos∣sessing him of the Throne of his Ancestors, and Lineal succession, as presumed next in blood & line, could make him: But still he declined to oune him as Lawful King, and alledged that was all one, whether he was Lawful or not, he refused not subjection, distinguishing it always from Al∣legiance. But all these concessions did not satisfie them, & they alledged he might say all this of a Tyrant: & there∣fore commanded him to give it under his hand, to oune not only the Lineal but the Legal succession of King Iames the 7. to the Croun of Scotland: which he did, upon a fancy that Legal did not import Lawful, but only the for∣mality of their Law; withal protesting, he might not be interpreted to approve of his succession. But this was a vain Protestatio contra factum. However by this we see, what is ouning this Authority, in the sense of the Inquisitors. The result of all is, to acknowledge Allegiance to the present possessor, and to approve his pretended Authority as Law∣ful, Rightful, & Righteous: which indeed is the true sense of the Words, and any other that men can forge or find out is strained. For, to speak properly, if we oune his Authority in any respect, we oune it to be Lawful: for eyery Authority, that is ouned to be Authority indeed, is Lawful; Authority alwayes importing Authorization, and consisting in a Right or Call to rule, and is formally & essentially contradistinct to Usurpation: wherever the place of power is meerly usurped, there is no Authority but verbo tenu••; A Style without truth, a barely pretended no∣minal equivocal Authority, no real denomination: if we then oune this Mans Authority, we oune it to be Lawful Authority: And if we cannot oune it so, we cannot oune it at all. For it is most suitable, either to manly ingenuity,

or Christian simplicity, to speak properly, and to take words always in the sense that they to whom they are speak∣ing will understand them, without equivacating.

These Preliminaries being thus put by, which do con∣tribute to clear somewhat in this Controversie, and both furnish us with some Arguments for, and solutions in most of the objections against, my Thesis in answer to the Question above stated. I set it doun thus. A people long oppressed with the Encroachments of Tyrants & Usurpers, may disoune all Allegiance to their pretended Authority, and when imposed upon to acknowledge it, may & must ratber chuse to suffer, than to oune it. And consequently we cannot as matters now stand oune, acknowledge, or approve the pretended Authority of King Iames the 7. as Lawful King of Scotland; as we could not as matters then stood oune the Authority of Charles the 2. This consequence is abundantly clear from the foregoing deduction, demonstrating their Tyranny & usurpation. In prosecuting of this General Thesis, which will evince the particular Hypothesis: I shall. 1. Adduce some Historical Instances, whence it may be gathered, that this is not altogether without a precedent, but that people have disouned Allegiance to Tyrants & Usurpers, before now. 2. Deduce it from the Dictates of reason. 3. Confirme it by Scripture Arguments.

I. Albeit, as was shewed before, this Question as now stated, is in many respects unprecedented; yet the prac∣tice, which in our day hath been the result of it, to wit, to disoune or not to oune Prevailing Dominators Usurping the Government or abusing it, is not so alien from the examples of History, but that by Equivalency or conse∣quence it may be collected from, & confirmed by in∣stances.

1. To begin at home, besides many Passages related al∣ready for confirmation, we may adde (1) That for about 1025. years, the people had in their choise whom to oune ar admit to succeed in the Government, even though

the Kingdom was hereditary; and used to elect, not such who were nearest in blood & line, but these that were judged most fit for Government, being of the same pro∣geny

of Fergus, Buchan. Rer. Scot. lib. 6. pag. 195. in vita Ken∣nethi. 3.

This continued until the dayes of Kenneth the 3. who to cover his villanous Murder of his Brothers Son Malcolm, and prevent his and secure his oun sons succes∣sion, procured this Charter for Tyranny, the settlement of the succession of the next in line from the Parliament: which, as it pretended the prevention of many inconve∣niences, arising from Contentions & Competions about the succession; So it was limited by Lawes, Precluding the succession of Fools or Monsters, and preserving the peoples liberty to shake off the yoke, when Tyranny should thereby be introduced: Otherwise it would have been not only an irrational surrender of all their oune Rights, & enslaving the posterity, but an irreligious con∣tempt of Providence, refusing & anticipating its Deter∣mination in such a case. However it is clear, before this time, that as none but the fittest were admitted to the Go∣vernment; So if any did usurpe upon it, or afterwards did degenerate into Tyranny, they took such order with him, as if he had not been admitted at all; as is clear in the instances of the first Period, and would never oune every pretender to hereditary succession. (2) As before Ken∣neths dayes, it is hard to reckon the numerous Instances of Kings that were dethroned, or imprisoned, or slain, upon no other account than that of their oppression & Tyranny: So afterwards, they maintained the same power & privi∣ledge of repressing them, when ever they began to encroach. And although no Nation hath been more patient towards bad Kings, as well as Loyal towards good ones; yet in all former times, they understood so well their Right they had, and the duty they owed to their oun preservation, as that they seldom failed of calling the exorbitantly flagi¦tious to an account. And albeit, in stead of condoling or avenging the death of the Tyrannous, they have often both excused & justified it, yet no Kingdom hath inflicted se∣verer Punishments upon the Murderers of just & righteous Princes: And therefore, though they did neither enquire after, nor animadvert upon those that slew Iames the 3. a flagitious Tyrant, yet they did by most exquisite Torments

put them to death who slew Iames the 1. a vertuous Mo∣narch. Hence, because these & other instances I mind to adduce of deposing Tyrants, may be excepted against, as not pertinent to my purpose, who am not pleading for ex∣auctoration & deposition of Tyrants, being impracticable in our case: I shall once for all remove that, and desire it may be considered. [1] That though we cannot for∣mally exauctorate a Tyrant; yet he may ipso jure fall from his right, and may exauctorate himself, by His Law by whom Kings reign; and this is all we plead for as a foun∣dation of not ouning him. [2] Though we have not the same power, yet we have the same grounds, and as great & good if not greater & better reasons to reject & disoune our Tyrant, as they whose example is here adduced had to depose some of their Tyrannizing Princes. [3] If they had power & ground to depose them, then a fortiori they had power & ground to disoune them; for that is less & in∣culded in the other, and this we have. [4] Though it should be granted, that they did not disoune them before they were deposed; yet it cannot be said that they did dis∣oune them only because they were deposed: for it is not de∣position that makes a Tyrant; it only declares him to be justly punished, for what he was before. As the sentance of a Judge does not make a man a murderer or Thief, only declares him convict of these Crimes, & punishable for them; its his oun committing them that makes him Cri∣minal: And as before the sentance, having certain know∣ledge of the fact, we might disoune the Mans innocency or honesty; So a Rulers Acts of Tyranny & Usurpation make him a Tyrant & Usurper, and give ground to dis∣oune his just & legal Authority; which he can have no more than a Murtherer or Thief can have innocency or honesty. (3) We find also examples of their disouning Kings undeposed; as King Baliol was disouned with his whole race, for attempting to enslave the Kingdoms Liberties to forreign power. And if this may be done for such an at∣tempt, as the greatest Court parasites & Sycophants con∣sent; what then shall be done for such as attempt to subject the people to Domestick or Intestine Slaverie? Shall we

refuse to be slaves to one without, and be, & oune our selves contented Slaves to one with in the Kingdom? It is known also that King Iames the 1. his Authority was re∣fused by his subjects in France, so long as he was a Prisoner to the English there, though he charged them upon their Allegiance, not to fight against the party who had his per∣son Prisoner: They answered, they ouned no Prisoner for their King, nor owed no Allegiance to a Prisoner. Hence Princes may learn, though people submit to their Government; yet their resignation of themselves to their obedience is not so full, as that they are obliged to oune Allegiance to them, when either Morally or Physically they are incapacitate to exerce Authority over them. They that cannot rule themselves, cannot be ouned as Rulers over a people.

2. Neither hath there been any Nation, but what at one time or other hath furnished examples of this Na∣ture. The English History gives account, how some of their Kings have been dealt with by their Subjects, for impieties against the Law & Light of Nature, and en∣croachments upon the Lawes of the Land. Vortigernu•• was dethroned for incestously marying his oun Sister. Nei∣ther did ever Blasphemies, Adulteries, Murders, Plot∣ting against the lives of Innocents, and taking them away by Poison or Razor, use to escape the animadversion of men, before they were Priest-ridden unto a belief that Princes persons were sacred. And if men had that gene∣rosity now, this man that now reigns might expect some such animadversion. And we find also King Edward, & Richard the 2. were deposed, for Usurpation upon Lawes & Liberties, in doing whereof the people avowed. They would not suffer the Lawes of England to be changed. Surely the people of England must now be far degenerate, who having such Lawes transmitted to them from their worthy Ancestors, and they themselves being born to the posses∣sion of them without a Change, do now suffer them to be so encroached upon, and mancipate themselves, & leave their Children vassals to Poperie, & slaves to Tyranny.

3. The Dutch also, who have the best way of guiding

of Kings of any that ever had to do with them (witness their having so many of them in Chains, now in Batavia in the East Indies) are not wanting for their part to furnish us with examples. When the King of Spain would not condescend to govern them according to their Ancient Lawes, and rule for the good of the people, they declar∣ed him to be fallen from the Seigniorie of the Netherlands, and so erected themselves into a flourishing Common-wealth. It will not be amiss to transcribe some of the words of the Edict of the Estates General to this purpose.

It is well known, (say they) that a Prince & Lord of a Countrey is Ordained by God to be Soveraign & Head over his subjects, to pre∣serve & defend them from all injuries, force, & vio∣lence, and that if the Prince therefore faileth therein, and in stead of preserving his subjects, doth outrage & oppress them, depriveth them of their Priviledges & An∣cient Customs, commandeth them and will be served of them as slaves; they are no longer bound to respect him as their Soveraign Lord, but to esteem of him as a Tyrant, neither are they bound to acknowledge him as their Prince, but may abandon him &c.

And with this aggrees the answer of William Prince of Orange to the Edict of Proscription, published against him by Philip. the II.

There is, sayes he, a Reciprocal Bond betwixt the Lord & his vassal; so that if the Lord break the Oath, which he hath made unto his vassal, the vassal is discharged of the Oath made unto his Lord.

This was the very Argument of the poor suffering people of Scotland, whereupon they disouned the Authority of Charles the Second.

4. The Monarchy of France is very absolute; yet there also the State hath taken order with their Tyrants; not only have we many instances of resistances made against them, but also of disouning, disabling, & invalidating their pretended Authority & repressing their Tyranny. So was the two Childerici served: So also Sigebertus, Dagaber∣tus, and Lodowick the II. Kings of France.

5. The great body of Germany moves very slowly, and is inured to bear great burdens: yet there also we find Ioan∣••a of Austria Mother of Charles the 5. was put to perpetual

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sonment: which example is adduced by the Earle of Mor∣toun, in his discourse to the Queen of England (whereof I rehearsed a part before) vindicating the deposing & dis∣ouning Queen Mary of Scotland.

If, saith he, we com∣pare her with Ioanna of Austria—what did that poor wretch commit, but that she could not want a litle lust∣ful pleasure, as a remedy necessary for her age? And yet poor Creature, she suffered that punishment, of which our Dame convicted of most grievous Crimes now complains—Buchan. Rer. Scotic. l. b. 20. pag. 748.

The Duke of Saxon, the Landgrave of Hesse and the Ma∣gistrats of Magdeburgh, joined in a war against her Son Charles the 5. and drew up a conclusion by resolution of Lawyers, wherein are these words—

Neither are we bound to him by any other reason, than if he keep the conditions on which he was created Emperour. By the Laws themselves it is provided, that the Superior Ma∣gistrate shall not infringe the right of the inferior, & if the Superior Magistrate exceed the Limits of his power, and command that which is wicked, not only we need not obey him, but if he offer force we may resist him.

Which Opinion is confirmed by some of the greatest Lawyers, and even some who are Patrons of Tyranny, Grotius none of the greatest enemies of Tyrants, de jure belli lib. 1. cap. 4. n: 11. sayth out of Barclaius, & with him, that the King doth loss his power when he seeketh the destruction of his subjects. It was upon the account of the Tyranny of that bloody house of Austria over the Helvetians, that they shook off the rule & Government of that family, and established themselves into a Republick. And at this present time, upon the same accounts, the Tyranny & Treachery of this Imperial Majestie, the Hungarians have essayed to main∣tain & justify a revolt in disouning the Emperour, now for several years.

6. Polland is an Elective Kingdom, and so cannot but be fertile of many instances of casting off Tyrants. Henricus Valesius, disouned for fleeing, and Sigismuadus for violat∣ing his faith to the States, may suffice. Lex Rex Q. 24. Pag. 217.

7. In Denmark, we find Christiernus their King, was for his intollerable Cruelty put from the Kingdom, he and all his Posterity, and after twenty years did end his life in Prison.

8. In Swedland, within the Compass of one Century, the people deposed & banished the two Christierns, and dethroned & imprisoned Ericus, for their oppressions & Tyranny, and for pursuing the destruction of their Sub∣jects.

9. The Portugieses, not many years ago, laid aside and confined Alphonsus their King, for his rapines & Murders.

10. Some Dukes of Venice have been so disouned by these Common-wealths men, that laying aside their Royal ho∣nours as private men, they have spent their dayes in Mo∣nasteries. Buchan. de jure regni apud Scotos.

11. If we will revolve the old Roman Histories, we shall find no small store of such examples, both in the time of their Kings, Consuls, & Emperours. Their seventh King Tarquinius Superbus, was removed by the people, for his evident Usurpation: Neque enim ad jus regni quicquam praeter vim habebat, ut qui neque populi jussu, neque Patribus Authoribus, regnavit, sayth Livius i.e. for he had nothing for a right to the Government, but meer force, and got the rule neither by the peoples consent & choise, nor by the Authority of the Senators. So afterwards the Empire was taken from Vitellius, Heliogabulus, Maximinus, Didius Iulianus, Lex Rex, ub, supra.

12. But it will be said. Can there be any Instances of the Primitive Christians adduced? Did ever they, while groaning under the most insupportable Tyranny of their Persecuting Emperours, disoune their Authority, or suf∣fer for not ouning it? To this I answer. 1. What they did or did not of this Kind, is not of moment to inquire: seeing their practice & Example, under such disavantages, can neither be known exactly, nor what is known of it be accommodated to our case: for (1) they were never forced to give their judgement, neither was the question ever put to them, whether they ouned their Authority or

not: if they transgressed the Lawes, they were lyable to the punishment, they craved no more of them. (2) They confess themselves to be strangers, that had no establish∣ments by Law, and therefore they behoved to be passively subject, when in no capacity to resist; there was no more required of them. Yet Lex Rex Quest. 35. pag. 371. cites Theodoret affirming, Th••n evil men reigned through the unman∣lyness of the sub••ects. (3) Their examples are not imitable in all things: They were against resistence, which we doubt not to prove is Lawful against Tyrannical vio••ence: Many of them refused to flee from the fury of Persecuters: They ran to Martyrdom, when neither cited nor accused; And to obtain the Croun thereof they willingly yeelded up their lives & Liberties also to the rage or Tyrants. We cannot be obliged to all these. 2 Yet we find some examples not altogether unapplicable to this purpose. When Baroch∣bach, the pretended King of the Iewes, after the destruction of Ierusalem, set himself up as King in Bitter a City in Ara∣bia; the Christians that were in his precincts, refused to oune him as King; which was one great cause of his perse∣cuting them. Its true he persecuted them also for other things, as for their not denying Christ; So are we perse∣cuted for many other things, than for our simple disouning of the King: yet this is reckoned as a distinct cause of their suffering, by Mr Mede on the Revel. Part. 1. Pag. 43. Gees Magist. Origin. ch. 10. Sect. 7. Pag. 361. The same last cited Author shewes, that when Albinus, Niger; & Cassius, successively usurped the Empire, having none of them any Legal investure, the Christians declined the recognition of their Claim, and would not oune them; and that upon this Tertulian sayes, Nunquam Albiniani, nec Nigriani, vel Cassiani, inveniri potuerunt Christiani, that is, the Christians could never be found to be Albinians, or Nigrians, or Cas∣sians, meaning they were never ouners of these men for Magistrats. And so may we say, Pudet inveniri inter Caro∣linianos & Iacobinianos hujus temporis. Not unlike is the pas∣sage of Ambrose, who in favors of Valentinia•• the rightful Governour, contested against Maximus the Tyrant, and not only disouned him but excommunicated him, for which

he was threatened with death. And yet it is observable, that when Maximus offered to interpose his power in de∣fence of Ambrose, that he might not be banished by Iustina the Empress, he would not accept of the help of Maximus, whose power he disallowed & disouned. Whence I ob∣serve, that it is not without a Precedent for a Minister to disoune a Tyrant, to refuse favour from him, yea and to excommunicate him, yea even without the concurrence of his fainting brethren; for all which some of our faithful Ministers have been much condemned in our day, espe∣cially Mr Donald Cargil for excommunicating Charles the Second & Iames Duke of York, as if such a thing had never been done before: Whereas we see what Ambrose did to Maxi∣mus. And this same faithful Minister Ambrosius Minister at Millain, in Italy, did also hold out of the Assembly of the Christians Theodosius the Emperour though a most vertuous Prince, for that grievous Scandal committed by him, against the innocent people at Thessalonica, in killing so many of them in a Passionate transport. But 3. since this objection of the Primitive Christians is much insisted on, both against this and the head of defensive Armes: I shall further take notice of several distinctions, that do make the difference between their case & Ours very vast. (1) There is a great difference betuixt a Prince of the com∣mon Religion of his Subjects, but distinct from some of them, whom yet he does not seek to entice to his Reli∣gion, but gives them liberty & the benefite of the Law as other Subjects: (which was the case of many in these pri∣mitive times sometimes.) And a Prince by all means, both foul & fair, pressing to a revolt from the true and to em∣brace a false Religion. In this case (which is ours with a witness) it must be granted we should be wary, that we neither engage with him, nor oune Allegiance to him, when he would withdraw us from our Allegiance to God. (2) There is a great difference betuixt a Prince, persecuting the true Religion, which only a few of his subjects here & there did profess, who in regard of their Paucity were never in capacity to be looked upon as the body of the people, impowering him as their publick Servant: (which

was their case) And a Prince persecuting that Religion•• which was professed by the body of the Nation, when they sett him up. In this Latter case, men of great sense have de∣nyed he should be ouned for a Prince, because then he is stated against the Common good. This was our case under the former King, and yet under this, though all Professors be not now persecuted, the publick Religion & Ancient Re∣formation is persecuted in a few, whom he intends to de∣stroy, and in their destruction to bury it. (3) There is a diffe∣rence, betwixt a Prince Persecuting Religion publickly oun∣ed & received of his subjects, yet never approved nor con∣firmed by Law (as it was not in the primitive times) And a Prince persecuting Religion ratified & established by the Laws of the Land, which is our case. It will seem clear to every soul, not benighted with Court darkness, that he then de••acto and ipso jure falleth from his right in this case, because now he is not only stated against the common good, but against the very Laws by which the Subjects must be ruled. Then he ruleth not as a Prince▪ to whom the Law giveth his Measures & Bounds, but rageth as a Tiger & Tyrant, and ought to be carried towards as such. (4) There is a difference, betwixt a Prince suppressing that Religion established by Law, which he never professed, nor never gave his consent to these Laws (as might be the case of some of the Arian Emperours) though it be unlawful for any people to set up any Mortal over them, who is not in this case bound to the good behaviour; And a Prince, opposing, & oppressing that Religion, which himself hath professed and is ratified by Laws with his oun consent: which was our case under the former King, who did give the most solemn Ratification of them that ever was given, but afterwards most perfidiously retracted it. As also this Apostate Papist, did somtime profess himself Protestant, and consented to the Laws establishing it, and the Penal Statutes against Papists, though now he is going about to raze all, and ruine that alone valuable Treasure of our Nation, Religion. (5) There is a dif∣ference, betwixt a Prince consenting to Laws establish∣ing Religion which he now persecuteth (which might have

been the case of Iulian the Apostate) And a Prince who not only consented to these Laws, but who did upon these very terms & no other get & receive his Croun & Scepter, that he should preserve the Religion as Reform∣ed, and protect as a Father the Professors thereof, and maintain the Laws establishing it, which yet he perfi∣diously & perniciously, being once settled in the Govern∣ment, Breaks, Casts, Cassats, & Overturns (which was done by Charles) Or, And a Prince who will neither be bounded by the Laws he consented to, nor be bound to the Observation of any Laws whatsoever; but chal∣lenges it as his prerogative Royal, to be absolute above all Laws, and denying all Security upon terms, is free to destroy Religion & Liberty, and all the valuable Interests of the Nation, when he pleases. This is Iames his Character (6) There is a difference, betwixt a Prince breaking the main & only Article of his Covenant, in a fit of fury & rage, being transported upon some Mistakes (which was the case of Theodosius the Emperour) And a Prince not only violating this upon deliberation, but plainly Declar∣ing, that neither Oath nor Declaration can or will bind him, but these being made void, he will destroy without restraint all these Covenanted priviledges (This was the case of Charles) Or, And a Prince, who, as he never will come under the bond of a Covenant with his people, So thô he make never so many fair promises with the great∣est Solemnities, maintains a principle that he will keep no promises, but when & with whom he pleases, and can get a Dispensation to break all when he likes. (This is Iames his Ingenuity.) Sure in this case, Such as are so Character∣ized Declare themselves so far from being Princes, that they profess befor the world, they are no more men to be conversed with: for if neither their words, Writs, vowes, promises, Oaths, Declarations, nor Protestations, can bind them; what Society can be had with them? Are they not to be looked upon & carried towards as Common Enemies of Morality, Religion, Righteousness, Liberty, Humanity, yea even of Mankind it self? Now then, let the world be Judge, if the people of Scotland can be judged

in Conscience, Reason, Prudence, Policie, or any ima∣ginable way, bound to oune their Authority, being so Stated, and by the Act Rescissory all humane ground re∣scinded, that ever it shall be otherwise. let them go seek other slaves where they can find them, for we will not sell our selves & posteritie to Tyrants as slaves, nor give up our Religion and the exercise of it to the Mouldings of the Court.

II. In the Second place: It being clear from these fore∣mentioned Instances, that Tyrants & Uusurpers have been disouned; And it being also as clear as light can make any thing, from the foregoing Account of their Government, and all the Characters of Truculency Treachery, & Ty∣ranny conspicuously relucent therein, that these two Gen∣tlemen whose Authority we are pressed to oune, were Ty∣rants & Usurpers: It remains therefore to prove from all dictates of Reason about Government, that their pre∣tended Authority could not nor cannot be ouned. For the Argument runs thus; The Authority of Tyrants & Uusurpers cannot be ouned: But the Authority of Charles & Iames was & is the Authority of Tyrants & Usurpers: Ergo their Authority cannot be ouned. Now its the Major of this Syllogisim that I under take to prove. The Minor being so clear from their History, that to prove it by witnesses were actum agere.

1. All Authority to be ouned of men must be of God, and ordained of God: for so the Apostle teacheth Expressly Rom. 13. 1. &c. Which is the alone formal reason of our Subjection to them, and that which makes it a damnable sin to resist them, because it is a resisting the Ordin••nce of God. The Lord ounes Himself to be the Author of Magi∣strats, Prov. 8. 15. By me Kings reign and Princes decree Iustice. As He is the Author of man and hath made him a sociable Creature so He is the Author of the Order of humane Society which is necessare for the Preservation of Mankind He being the God of Order & not of Confusion. And this must hold not only of the Supreme Authority, but of subordinate Magistrates also; for they must be included in the higher Powers to whom we must be subject Rom. 13.

And they that resist them resist Gods Ordinance too. Their judgment is Gods, as well as the judgment of the Supreme Magistrate Deut. 1. 17. 2 Chron. 19. 6, 8. They are called Gods among whom the Lord judgeth, Psal. 82. 1. He speaketh not there of a Congregation of Kings. We are to be subject to them for the Lords sake, as well as to the Supreme Magistrat 1. Pet. 2. 13. Therefore all Magistrats superior & Inferior are ordained of God in the respective Places. Its true, Peter calls every degree of Magistracy, an Ordinance of man, not that he denies it to be an Ordinance of God (for so he would cantradict Paul Rom. 13.) but termes it so Emphatically, to commend the worth of obedience to Magistrats though but men, when we do it for the Lords sake: Not effectively as an invention of men, but subjectively because exercised by men, & created & in∣vested by humane suffrages considered as men in Societie, and objectively for the good of man, and for the external Peace & safety of man thereby differenced from the Mi∣nistry, an Ordinance of Christ, for the spiritual good of mens souls. Hence, Those Rulers that are not of God nor ordained of God, cannot be ouned without sin: But Tyrants & Usurpers are the Rulers, that are not of God nor ordained of God, but are set up and not by Him &c. Hos. 8. 1-4. Therefore they cannot be ouned without sin. I refer it to any man of conscience & Reason to judge, if these Scriptures proving Magistracy to be the Ordinance of God, for which alone it is to be ouned, can be applyed to Tyrants & Usurpers: How will that Rom, 13. read of Tyrants? let every soul be subject to Tyrants, for they are ordai∣ned of God as His Ministers of Iustice &c. and are a terror to evil works and a praise to the good, would not every man nauseate that as not the Doctrine of God? Again, how would that sound Prov. 8. By me Tyrants reign & Usurpers decree injustice? harsh to Christian ears. Can they be said to be Gods among whom the Lord judgeth? If they be, they must be such as the witch of Endor saw, Gods coming out of the earth, when she raised the Devil; in a very Cati∣chrestical meaning, as the Devil is called the God of this world. And indeed they have no more power, nor other∣wise

to be ouned, than he hath: for this is a Truth, Ty∣ranny is a work of Satan & not from God; because sin either habitual or actual is not from God; Tyranny is sin in habit & act: Ergo—The Magistrate as Magistrate is good in nature & end, being the Minister of God for good, A Tyrant as a Tyrant is quite contrary. Lex Rex saith well

A power Ethical, Politick, or Moral, to oppress, is not from God, and is not a power but a Licentious de∣viation of a power, and no more from God but from sinful Nature & the old Serpent, than a licence to sin, Quest. 9. Pag. 59.

Hence sin, a Licence to sin, a Licen∣cious sinning, cannot be from God: But Tyranny, Usur∣pation, absolute power encroaching upon all Liberties, Laws, Divine & humane, is sin, a Licence to sin, a Licencious sinning. Ergo—But to make this clear, and to obviate what may be said against this: let it be Considered how the powers that be are of God & ordained of God. Things are said to be of God and ordained of God two wayes; by His purpose & providence, and by His Word & Warrant. Things may be of God, either of His Hand working or bringing them about ordaining & ordering them to be to His Glory; either by a holy overruling Providence, as Samsons desire of a wife was of God Iudg. 14. 4. and Amaziahs insolent & foolish rejection of Ioash his Peaceable overture 2 Chron. 25. 20. Or by a powerful effective providence, So Rom. 11. 36. Of Him & through Him are all things 1 Cor. 8. 6. One God of whom are all things. Or things be of God of His Word war∣ranting & Authorizing. So we are commanded to try the spirits whether they be of God (1 Iohn. 4. 1.) So in this sense, sin, tentation, lust, Corruptions of the world are not of God Iam. 1. 13. 1 Iohn. 2. 16. Again, things are ordained of God, either by the order of His Counsel or Providential will, either effectively by way of Production or Direction, or Permissively by way of non-impedition: Or they are ordained by the order of His Word & Preceptive will▪ The former is Gods Rule, the latter is ours: The former is alwise accomplished, the latter is often contradicted: The former orders all actions even sinful, the latter only that which is good & acceptable in the sight of God▪ By the for∣mer

Israel rejected Samuel, by the latter they should have continued Samuels Government, and not sought a King: By the former, Athaliah usurped the Government, by the latter, she should have yeelded obedience & resigned the Government to the posterity of Ahaziah: By the former all have a physical subordination to God as Creatures, sub∣ject to His All-disposing will; by the latter, Those whom He approves have a moral subordination to God, as obedient subjects to His Commanding will. Now Magi∣strats are of God and ordained by Him both these wayes, Tyrants but one of them. I say, Magistrats, the higher Powers, to whom we owe & must oune subjection are of God both these wayes, both by His purpose & Providence, and that not meerly eventual but effective & executive of His Word, disposing both of the Title & Right, & Possessi∣on of the power, to them whom He approves, and bring∣ing the People under a consciencious subjection, And by His Word & warrant. So Adonijah the Usurper (though he had the pretence of Hereditary right, and also possession by Providence) was forced to oune King Solomon in these termes upon which only a Magistrate may be ouned: The Kingdome, sayes he, was mine, and all Israel set their faces on me that I should reign, howbeit the Kingdom is turned about and become my brothers for it was his from the Lord, 1 King. 2. 15. He had both Providence turning about the Kingdom to him, and also the Warrant of the Lords Approbative & preceptive will. But Tyrants & Usurpers are only of God and ordained of God, by His overruling purpose & per∣missive Providence, either for performing His holy purpose towards themselves; as Rehoboams professing he would be a Tyrant, and refusing the Lawful desires of the people was of God 2 Chron. 10. 15. Or for a judgment & ven∣geance upon them that are subject to them, Zech. 11: 6: whereby they get a power in their hand, which is the Rod of the Lords Indignation, and a Charge & Commission against a Hypocritical Nation Isa. 10. 5. 6. This is all the power they have from God, who gives Iacob to the spoil & Israel to the Robbers, when they sin against Him Isa. 42. 24. This doth not give these Robbers any right, no more than

they whose Tabernacle prosper, into whose hand God bringeth abundantly Iob. 12. 6. Thus all Robbers, and the great Legal Robbers, Tyrants, and their Authorized Murderers, may be of God, to wit, by His Providence. Hence those that are not ordained of Gods preceptive will, but meerly by His Providential will, their Authority is not to be ouned: But Tyrants & Usurpers are not ordained of Gods Preceptive, but meerly by His Providential will. The Minor needs no proof: yet will be cleared by many folowing Arguments. The Major will be afterwards more demonstrated. Here I shall only say, They that have no other ordination of God impowering them to be Rulers, than the devil hath, must not be ouned: But they that have no other than the ordination of Providence, have no other ordination of God impowering them to be Rulers than the devil hath: Ergo they that have no other than the ordina∣tion of Providence must not be ouned.

2. But let us next consider, what is comprehended in the Ordination of that Authority which is to be ouned as of God: And it may be demonstrated there are two things in it, without which no Authority can be ouned as of God, viz. Institution & Constitution: So as to give him, whom we must oune as Gods Minister, Authority both in the Abstract & Concrete, that is, that he should have Magistracy by Gods Ordination, and be a Magistrate by & according to the will of God. All acknowledge that Magistracy hath Gods Institution, for the Powers that be are ordained of God: which contains not only the Appointment of it, but the qualification & forme of it. That Government is appointed by Divine Precept all agree, but whether the Precept be Moral Natural, or Moral Positive, Whether it was ap∣pointed in the State of Innocency, or since disorder came in the world, Whether it be Primario or Secundario, from the Law of nature is not agreed upon, It may possibly be all these wayes; Government in the General may be from the Law and light of Nature appointed in Innocency, because all its relative duties are enjoined in the fifth Command, and all Nations Naturally have an esteem of it, Without which ther could be no order, distinction, or Communion

in humane Societies, But the Specification or Individuation may be by a Postnate Positive & Secundary Law, yet Natural too, for though ther be no reason in Nature why any man should be King & Lord over another, being in some sense all Naturally free but as they yeeld themselves under Juris∣diction: The exalting of David over Israel is not ascribed to Nature, but to an act of divine bounty which took him from following the Ewes and made him feeder of the People of Israel, Psal. 78. 70, 71: yet Nature teacheth that Israel and other People should have a Government, and that this should be subjected to. Next, not only is it appointed to be, but qualified by Institution, and the Office is defined, the End prescribed, and the measures & Bound∣aries thereof are limited, as we shall hear. Again the formes of it, though Politically they are not stinted, that People should have such a forme & not another: yet Morally, at least Negatively, whatever be the forme, it is limited to the Rules of equity & justice, and must be none other than what hath the Lords Mould & Sanction. But there is no Institution any of these wayes for Tyranny. Hence, that Power that hath no Institution from God, cannot be ouned as His ordinance: But the Power of Tyrants is that Power, being contrary in every respect to Gods Institution, and a meer deviation from it, & eversion of it. Ergo—To the Minor it may be replyed; Though the Power which Ty∣rants may exerce & Usurpers assume, may be in Concret•• contrary to Gods Institution, and so not to be ouned: yet in abstracto, it may be acknowledged of God. Its but the abuse of the Power, and that does not take away the use. We may oune the Power, though we do not oune the abuse of it. I ans. 1. I acknowledge the distinction as to Magistrats is very pertinent: for it is well said by the Congregation in a Letter to the Nobility, Knox Hist. of Scot. lib. 2. That

there is a great difference betwixt the Authority which is Gods ordinance, and the persons of these who are placed in Authority; the Authority & ordinance of God can never do wrong, for it commandeth that vice be punished & virtue maintained;

But the Corrupt Person placed in this Authority may offend—Its certain higher Powers are

not to be resisted but some persons in Power may be resist∣ed. The Powers are ordained of God, but Kings com∣manding unjust things are not ordained of God to do such things. But to apply this to Ty••ants, I do not understand: Magistrats in some Acts may be guilty of Tyranny, and yet retain the Power of Magistracy; but Tyrants cannot be capable of Magistracy, nor any one of the Scripture Cha∣racters of Righteous Rulers. They cannot retain that which they have forefeited, and which they have over∣turned; And Usurpers cannot retain that which they never had. They may act & enact some things materially just, but they are not formally such as can make them Magi∣strats, no more then some unjust actions can make a Ma∣gistrate a Tyrant. A Murderer, saying the ••ife of one & killing another, does not make him no Murderer: Once a Murderer ay a Murderer, once a Robber ay a Robber, till he restore what he hath robbed: So once a Tyrant ay a Tyrant, till he make amends for his Tyranny, and that will be hard to do. 2. The Concrete does specificate the Abstract in actuating it, as a Magistrate, in his exercising Government makes his Power to be Magistracy; a Robber in his robbing, makes his Power to be Roberie; an Usurper in his usurping makes his Power to be Usurpation; So a Tyrant in his Tyrannizing can have no Power but Ty∣ranny. As the Abstract of a Magistrate is nothing but Ma∣gistracy, So the Abstract of a Tyrant is nothing but Ty∣ranny. Its frivolous then to distinguish between a Tyran∣nical power in the Concrete, & Tyranny in the Abstract; the power & the abuse of the power: for he hath no power as a Tyrant, but what is abused. 3. They that objects thus, must either mean, that power in its general Notion is or∣dained of God, but this particular Power ab••sed by Ty∣rants, and assumed by Usurpers, is not ordained: Or they must mean, that the very Power of Tyrants & Usurp∣ers is ordained of God, but the way of holding & using it is not of God. If the first be said, they grant all I plead for: for thô the Power in general be ordained, yet what is this to Tyrants & Usurpers? would not this Claim be ridi∣culous for any man to say, God hath ordained Govern∣ments

to be, therefore I will challenge it? God hath or∣dained Marriage, therefore any may cohabit together as man & wife, without formal Matrimony? If the Second be alledged, that the Power of these prevailing Domina∣tors is ordained, but not their holding & using of it: This is Non-sense, for how can a Power be ordained and the use of it be unlawful? For, the abuse & use of Tyrannical Power is all one and reciprocal: an Usurper cannot use his Power but by Usurpation. Again is it not plain, that the Abstract & the Concrete, the act or habit, and the subject wherein it is, cannot have a contrary Denomination? if Drunkenness and Thieft, Lying or Murder, be of the Devil; then the Drunkard, the Thief, the Lyar, & the Murderer, are of the Devil too: So if Tyranny and Usurpation, or the use or abuse of Tyrants & Usurpers, be of the Devil; Then must the Tyrants & Usurpers also be of him: None can say, the one is of the Devil, and the other of God. Wherefore it is altogether impertinent to use such a Distinction, with application to Tyrants or Usurpers, as many do in their pleading for the ouning of our Oppressors: for they have no power, but what is the abuse of power.

3. As that Authority which is Gods Ordinance must have His Institution: So it must have His divine Constitution from Himself and by the people. Wherever then there is Authority to be ouned of men, there must be these tuo, Constitution from God and Constitution from the people. For the first, God hath a special Interest in the Constitution of Authority, both Immediatly & Mediatly. Immediatly, He declares such & such formes of Government to be Lawful & Eligible, and does order whom & who and how people shall erect Governours. And so, He confers Royal Graces & Enduements & Gifts for Government on them, as on Ioshua & Saul: So they become the Lords Anointed, placed & set on the Throne of the Lord, 1 Chron. 29. 23. and honoured with Majestie as His deputies & vicegerents, having their Croun set on by God Psal. 21. 3. But in regard now He doth not by any special Revelation determine, who shall be the Governours in this or that place; There∣fore

He makes this Constitution by mediation of men; giving them Rules how they shall proceed in setting them up. And seeing by the Law of Nature He hath enjoined Government to be, but hath ordered no particular in it with application to singulars, He hath committed it to the positive transaction of men, to be disposed according to certain General Rules of Justice. And it must needs be so, for 1. without this Constitution, either all or none would be Magistrats: if He hath ordained Civil Power to be, and taken no order in whom it shall be, or how it shall be con∣veyed, any might pretend to it; and yet none would have a right to it, more than another. If then He ••ath affixed it to a peculiar having & holding, by virtue whereof this man is enstated & entitled to the office, and not that man, there must be a Law for Constituting him in Authority, which will discover in whom it is. 2. If it were not so, then a re∣sisting of a particular Magistrate would not be a resisting of the ordinance of God, if a particular Magistrate were not Constitute of God, as well as Magistracy is Institute of God: for still it would be undetermined, who were the Power; and so it would be left as free & Lawful for the resister to take the place, as for the resisted to hold it; the institution would be satisfied if any possessed i••: therefore there must be Constitution to determine it. 3. No Common Law of Nature can be put into practice, without particular Constitution regulating it. That Wives & Children oune their superior relations, is the Law of Nature; but there must be such a relation first fixed by humane transaction, before they can oune them; there must be Marriage Au∣thorized of God, there must be Children begotten, and then the Divine Ordination of these relative duties take place. So the Judges of Israel for 450 years were given of God, Act. 13. 20. not all by an immediate express de∣signation, but a mediate Call from God by men, as Ieph∣thah Iudg. 11. 6. 11. Inferior judges also are Magistrats ap∣pointed by God, yet they have their Deputation from men. Our Saviour speaks of all Magistrats, when he applies that of the 82. Psalm to them, I said ye are Gods; and shewes how they were Gods, because unto them the Word of God

came, Iohn. 10. 35. that is, by His Word & Warrant He Authorized them, not by immediate designation in refe∣rence to the most of them, but the Word of God comes to them, or His Constitution is past upon them, who are advanced by men according to His Word. When men therefore do act according to the Divine Rule, in the Moulding & Erecting of Government & Governours, there the Constitution is of God, though it be not imme∣diate. And where this is not observed, whatever power (so named or pretended) there may be, or what-soever persons there be that take upon them to be the power, and are not thereto appointed or therein instated, and do ex∣erce such a power as God hath not legitmated, they are not a power ordained of God. Hence, whatsoever power hath no Constitution from God, eather Immediate or Me∣diate, cannot be ouned: But the Authority of Tyrants & Usurpers, is a power that hath no Constitution from God, either Immediate or Mediate: Ergo it cannot be ouned. The Major is cleared above. The Minor is also unde∣nyable: For, either they must pretend to an Immediate Constitution by revelation, that Iames Duke of York, a vas∣sal of Antichrist, had by all his plots & pranks Merited the Crown of Britain, and therefore must be Constitute King: And this I hope they will not pretend to, except the Pope hath gotten such a Revelation from Pluto's Oracle: Or they must have recourse to the Mediate Constitution by men: And if so; Then, either this Mediate Constitution of God is left undetermined, indefinitely & absolutely giving way to any that will assume what power they please & can: And then, I confess, Tyrants may have a Con∣stitution; but this confusion cannot be of God: Or else, it is fixed by a Rule, regulating the succession or Constitu∣tion of the Governours, and obliging the people to oune the Government so constituted, with exclusion & disal∣lowance of any other. And so, if in that Constitution there be a Substantial Deviation from the Rule, as when incompetent or unallowed persons be the advancers of themselves, or others, into that place by illegal & sinis∣trous means, in as much as in that case there is the Divine

disapprobation, it may be said there is no Ordinance of God, but a Contradiction & Contraordination to Gods Order. Gee's Magist. Origin. chap. 5. Sect. 4. subject 3. pag. 135. This will shake off this of ours, and all other Tyrants & Usurpers, that come into the Government, & hold it not according to Gods Rule.

4. It is clear also in the second place, that the Authority which we can oune out of conscience, must have Consti∣tution by the people. The special way by which men should be called into the place of Soveraign power, may perhaps not be found so expressly defined in Scripture, as mens Call to the other Ordinance of the Ministrie is; yet in this two things are essentially necessary to the Constitution of a Magistrate, The peoples consent & compact either formal or virtual. And without these we can oune consciencious subjection & Allegiance to no man living. That the first is necessary will be evident, from the Law of Nature & Nations, and from Scripture. First the light & Law of Nature dictates, that the Right & Interest of Constitu∣ting Magistrats is in the Elective vote or suffrage of the people. This will Appear. 1. If we consider, The Original of Government among men, especially after they were so multiplied, that there was a necessity of a reduction into diverse Communities; which, whatever was before the flood, yet after it, behoved to be by a Coalition with consent under an Elective Government. The Scripture makes it more than probable, that the first partition of Common-wealths was in Pelegs dayes, in whose time the earth was Divided Gen. 10. 25. occasioned by the Confusion of Languages at Babel which did dissolve their union and scatter them abroad upon the face of all the eath Gen. 11. 9. Then was it that we may conceive, as

Buchanan sayes de Iure Regni apud Scot. the time was, when men dwelt in cottages & caves, and as strangers did wander to & fro without Laws, and such as could converse together of the same language assembled together as their humors did lead them, or as some common Utilitie did allure them▪ A certain instinct of Nature did oblige them to desire Converse & Societie.

But this confusion of Languages,

and Communion of Language, in several divided Parcels, could not incorporate these several Parties into Commu∣nities; that behoved to be the effect of some other cause: & what should that be, but the joint will, consent & aggree∣ment of the severally Languaged? It could not be by Con∣sanguinity; for there is no direction from Nature for a con∣finement of that into such & such degrees, to make out the bounds of a Common-wealth, or Possibility of know∣ing all with in such degrees; besides all within these de∣grees might not be of the same Language. Now the Scrip∣ture sayes, they were divided every one after his tongue, after their families, in their Nations Gen. 10. 5. Next it could not be by Cohabitation: for how that must go to be the boundaries of a Common-wealth, inclusively or ex∣clusively, is not defined by nature, nor can it be other∣wise determined than by humane choise. Then, it could not be by mens belonging to such a Soveraign: for after that Division & Confusion, they could not all be under one Soveraign, nor under the same that they were subject to be∣fore; and a Soveraign cannot be before the aggregation of the Subjects whereof he is head, they must first be a Com∣mon-wealth before they can belong to it. Again it cannot be founded upon the Right of fatherhood: for in that scat∣tering, such a Right could not be uninterruptedly preserv∣ed: And then Noah should also have been the Univer∣sal Magistrate, which he could not be in these multiplied secessions. And further if it be refounded on the Right of fatherhood; either every Company had one Common Father over all, or every Father made a Common-wealth of his oun Children: The Latter cannot be said, for that would multiply Common-wealts in infinitum: Neither can the first be said, for if they had one Common Father, either this behoved to be the Natural Father of all the Company, which none can think was so happily ordered by Babels confusion: Or else the eldest in age, and so he might be incapable for Government, and the Law of Na∣ture does not direct that the Government should alwise be astricted to the eldest of the Community: Or else finally he behoved to be their Political Father, by consent. For be∣fore

this consent, they were uningaged as to common or∣der of Government; none of the Community having any legal Claim to Soveraignity more than the rest. When therfore they were forced to conclude upon Association for their Mutual Preservation, they must be thought to act rationally, and not to make their condition worse but rather better by that conclusion, and, if they found it worse, to resume their radical Right which they had conferred upon men, subject to Law not to Tyrannize over them: And in this case, certainly they had the power of choosing what Kind of Government suited most to their advantage, and would best preserve their Liberties, and how far this should be extended, and who should be assumed into this Combination; still with a reservation of the Priviledge to their oun safety, if their Associates should not do their duty: And so they might also reserve to themselves a Li∣berty, to alter the forme when they found it productive of more prejudice than advantage, and never to leave their condition remedieless; And to pitch upon this way of suc∣cession and not another, the way of free election of every successor, or of definite election limited to one line, or to the nearest in line, And e contra with a reserve still of their primeve Priviledges, to secure themselves from the inconveniences of that determination, or to change it; And to make choise of such a family & line and not ano∣ther, and whether the eldest alwise of that family or the fittest is to be chosen: And however it be, yet still by the peoples consent: And in all this to have respect to some good, great, & Necessary Ends, which if they should be disappointed of, and find these means useless or de∣structive to, they were to be loosed from their obligation to use or to oune them. See Ius populi vindicat. ch. 5. pag. 80. &c. 2. If we consider how Nature determines the peoples Interest in the constitution of Governours: whence comes it that this man and not that man, this race & fa∣mily and not that, is invested with that Title? It will be found there is no Title on earth now to the Crowns to fa∣milies, to persons, but the peoples suffrage: for the In∣stitution of Magistracy in general does, not make Iames

Stewart a King, no more than Iohn Chamberlain: Neither do qualifications make one, otherwise there might be many better than is this day extant, for there are many men bet∣ter qualified: And there is no Prophetical or immediate Callings to Kingdoms now: And as for Conquest without consent, and having no more for a Title, it is no better than Royal Latrocinie. It is certain God would not Com∣mand us to obey Kings, and leave us in the Dark that we should not know him that hath a reall call to 〈◊〉〈◊〉: And if he have not the peoples Call, where shall we find another? It remains therefore they must have it from the people, who have it to give Radically & virtually; having a power to preserve themselves, and to put it in the hands of one or more Rulers, that they may preserve themselves by them. All men are born alike as to Civil power (no man being born with a Croun on his head) and yet men united in So∣ciety may give it to this man & not to that man, therefore they must have it virtually; for they can not give what they have not. And as Cities have power to choose their Magistrats, so many Cities have power to creat an Uni∣versal Ruler over them all. The people also have power to Limit the Magistrats power, with conditions; so that the present Ruler shall not have so much prerogative as his predecessor, as Royalists cannot deny, therefore they must have given that power which they can Limit See Lex Rex Quest. 4. pag. 10. &c. Secondly the Scripture also gives Light in this particular. 1. In giving directions & Rules about their Orderly calling their Governours; Impower∣ing them, to take wise men, & understanding, & known among their tribes, to be made Rulers D••ut. 1. 13. To make Judges & Officers in all their gates Deut. 16. 18. To set one among their brethren King over them and not a stranger Deut. 17. 15. To what purpose are these Rules given them, if they had no interest to choose their Magi∣strats? Would God command them to set a King over them, if they had not power to do it? And to set such a man over them and not such an one, if they had no in∣fluence in making one at all? And accordingly that wise Statist sayes very well 2 Sam. 16. 18. Hushai to A••salem,

Nay, but whom the Lard & this people and all the men of Israel choose, his will I be, and with him will I abide. Which will also hold in the Negative, whom the Lord & the people and all the men of the Kingdom do not choose, his we will not be, nor with him will we abide. 2. The Scripture expressly attributeth the making of Kings to the people. All the people of Iuda took Azariah and made him King, in∣stead of his Father Amaziah, whom they had executed 2 King. 14. 21. They came with a perfect heart to make David King in Hebron 1 Chron. 12. 38. So they made Ioash King 2 Chron. 23. 11. 3. Even these that were particu∣larly designed of God & chosen to be Rulers, yet were not formally invested with power, before the people confer∣red it upon them. Gideon was called of God to it, but was not Judge till the people said, Rule thow over us, both thow & thy Son, giving him an hereditary right for his Children, Iudg. 8. 12. Saal was appointed to be King, and there∣fore Samuel honoured him, because he was marked out of God to be King, 1 Sam. 9. 24. and anointed him with oyl 1 Sam. 10. 1. after which he was gifted & qualified for Government, God gave him another heart vers. 9. yet all this did not make him King, till the people met for his in∣auguration vers. 17. &c. and Crowned him & made him King in Gilgal 1 Sam. 11. ult. David was anointed by Samuel, and yet was a persecuted fugitive for several years, and never acknowledged formally King, till the men of Iudah came & anointed him 2 Sam. 2. 4. for if he had been King before, then there were two Kings in Israel at one time, and David failed of his Royal duty in not punishing the Murderer Saul; whereas himself sayes, he would not touch the Lords 〈◊〉〈◊〉. Therefore the people made all these Kings, and that by choise & consent, without which they were no Kings. Hence I argue, If the consent & choise of the people be so essentially necessary to the making of Kings; then they who set up themselves against the con∣sent of the body of the Land, and without the choise of any, must be Usurpers, not to be acknowledged for Law∣ful Kings: But the former is true as is proven above: Ergo—Now Plain it is that this Duke set up himself

against the consent of the body, being excluded from the Government by the Representatives of England, and ge∣nerally hated of all; who disdaining to wait upon the for∣mall choise of any, but after he had paved his passage to the Throne upon his Brothers blood, did usurpe the Title without all Law.

5. The second thing necessary for the Legal Constitu∣tion of a King by the people, is their Compact with him: which must either be Express or Tacite, Explicite or Im∣plicite. Two things are here to be proven, that will furnish an Argument for disouning both the Brothers. First, That there must be a Conditionall reciprocally obliging Covenant between the Soveraign and the Subjects, with∣out which there is no such relation to be ouned. Secondly That when this compact is broken in all or its chiefest con∣ditions by the Soveraign, the peoples obligation ceases. The first. I shall set doun, in the words of a famous Au∣thor, our Renouned Country man Buchanan in his Dialo∣gue de Iure Regni apud Scotos. Mutua igitur Regi cum Civi∣bus est pactio &c. There is then (or there ought to be) a Mutual compact between the King and his subjects &c. That this is indispensibly necessary & essential to make up the Relation of Soveraign & Subjects, may be proved both from the Light of Nature, & Revelation. First it may appear from the Light of Natural reason. 1. From the Rise of Government, and the Interest people have in erecting it by consent & choise (at is shewed above) If a King cannot be with out the peoples making, then all the power he hath must either be by compact or gift: If by com∣pact, then we have what we proposed: And if by gift, then if abused they may recall it or if they cannot recover it, yet they may & ought to hold their hand, and give him no more that they may retain, that is no more honour or respect, which is in the honourer before the honoured get it. Can it be imagined, that a people acting rationally would give a power absolutely without restrictions to de∣stroy all their oun rights? Could they suppose this bound∣less & Lawless Creature, left at Liberty to Tyrannize, would be a fit mean to procure the the ends of Govern∣ment?

for this were to set up a rampant Tyrant to rule as he listeth, which would make their condition a great deal worse then if they had no Ruler at all, for then they might have more Liberty to see to their safety. See Ius populi ch. 6. pag. 96. 97. 2. This will be clear from the nature of that Authority, which only a Soveraign can have over his Subjects; which whatever be the Nature of it, it cannot be absolute, that is against Scripture, Nature, & Common sense, as shall be proven at more length. That is to set up a Tyrant, one who is free from all conditions, a roaring Lyon & a ranging Bear to destroy all if he pleases. It must be granted by all, that the Soveraign Authority is only fiduciarie, entrusted by God & the people with a great Charge: A great Pledge is impauned & committed to the Care & Custody of the Magistrate, which he must take special care of, and not abuse; or waste, or alienate or sell (for in that case Royalists themselves grant he may be deposed) He is by Office a Patron of the Subjects Liber∣ties, and Keeper of the Law both of God & Man, the Keeper of both Tables. Sure he hath no power over the Lawes of God but a Ministerial power, he may not stop & disable them as he pleases; Of the same nature is it, over all other Parts of his Charge. He is rather a Tutor, than an Inheritor & proprietor of the Common-wealth, and may not do with his pupils interest what he pleases. In a word the Nature & whole significancy of his power lyes in this, that he is the Nations publick Servant, both Objectively in that he is only for the good of the people, and Representative∣ly in that the people hath impauned in his hand all their power to do Royal Service. The Scripture eaches this, in giving him the Titles of Service, as Watchman &c. al∣lowing him Royal wages for his Royal work Rom. 13. he is Gods Minister attending continually on this thing, There is his work, for this cause pay yow tribute also, There is his wages & maintinance. He is called so in that transaction with Rehoboam; The old men advised him to be a Servant unto the People, then they should be his Servants 1 King. 12. 7. There was a conditional bargain proposed: As to be a Servant, or Tutor, or Guardian upon Trust, always

implies Conditions & Acconntableness to them that en∣trust them. 3. It must needs be so otherwise great absur∣dities would follow. Here would be a voluntary con∣tracted Relation, obliging as to relative duties, to a man that ouwed none correlative to us, and yet one whom we set over us. It were strange, if there were no Condition here; and no other voluntarly suscepted Relations can be without this, as between Man & Wife, Master & Ser∣vant &c. This would give him the disposal of us & Ours, as if both we and what we have were his oun, as a mans goods are, against which he does not sin whatever he do with them. So this would make a King that could not sin against us; being no ways obliged to us, for he can no otherwise be obliged to us but upon Covenant conditions; he may be obliged & bound in duty to God otherwise, but he cannot be bound to us otherwise: And if he be not bound then he may do what he will, he can do no wrong to us to whom he is no wayes bound. This also is point blank against the Law of God, which is the Second way to prove it, by the Light of Revelation or Scripture. 1. In thevery directions about making & seting up of Kings, the Lord shewes what conditions shall be required of them Deut. 17. 15. &c. and in all directions for obeying them, the qualifications they should have are rehearsed as Rom. 13. 3, 4. Therefore none are to be set up but on these conditions, and none are to be obeyed but such as have these qualifications. 2. In His promises of the succession of Kings, He secures their continuation only Conditionally, to establish the Kingdom if they be constant to do His Com∣mandments & Judgements 1 Chron. 28. 7. There shall not fail a man to sit upon the Trone yet so that they take heed to their way to walk in Gods Law, as David did 2 Chron. 6. 16. Now He was not otherwise to perform these pro∣mises, but by the action & suffrage of the people seting him up, (which He had appointed to be the way of calling Kings to Thrones) if therefore the Lords promise be con∣ditional, the peoples actions also behoved to be suspended upon the same conditions. 3. We have many express Covenants, between Rulers & Subjects in Scripture. Ieph∣thah

was fetcht from the Land of Tob, and made the head of the Gileadites by an explicite mutual stipulation, where∣in the Lord was invocated as a Witness, Iudg. 11. 6, 8, 9, 10, 11. So all the Elders of Israel came to make David King, and King David made a League with them in Hebron before the Lord, and then they anointed him over Israel 2 Sam. 5. 3. he made there a Covenant with them before the Lord 1 Chron. 11, 3. He was no King before this Co∣venant, and so it was a Pactional Oath between him & the Kingdom, upon termes according to the Law Deut. 17. he was only a King in fieri; one who was to be King, but now actually inaugurate a Covenanted King upon termes that satisfied them. Its true they came to recognosce his Right from the Lord; But so did they recognosce Reho∣boams Right, and came to Shechem to make him King 1 King. 12. 1. and yet when he would not enter in Covenant terms with them, to satisfie their just demands, the people answered the King, saying, what portion have we in David, neither have we inheritance in the Son of Iesse, to your tents O Israel vers. 16. They refused to acknowledge such an Usurper, and we find no Prophets ever condemning them for it. So when Iehoash or Ioash was Crowned, Iehojada made a Covenant between the Lord and the King & the people, that they should be the Lords people, between the King also and the people 2 King. 11. 17. 2 Chron. 23. 11, 16. From all these Reasons & Scriptures, It is clear there must be a Mutual Compact. between the Subjects and every Soveraign they oune subjection to, which if he re∣fuse, and usurp the Sword, they are under an Anterior obligation to substract their Allegiance, and to make use of their Sword, if they be in capacity, to pull it out of his hands and use it against him. And of this we are put in mind by the Motto of our old Coronation pieces, which have these Words about the Sword. pro me, si mereor in me, that is, for me but if I deserve against me: And surely to him that hath it now in his hands, it may be said, tu meruisti & adhuc meres. We see then, the Allegiance that this Usurper alledges is his due, wants a bottom, to wit a compact with the people. Whence I argue, If there must of necessity be a compact

between the King & the people when, he is advanced to the Government; then he that advances himself, without & against this compact, is an Usurper not to be ouned: But the former is true: Ergo he that advances himself with∣out & against this compact, is an Usurper not to be ouned. And who more Notoriously deserving such a signature, than Iames the 7/2 who hath made horns of his oun strength, or the Popes Biills, to push his Brother out and himself in to the Throne, upon no termes at all, or any security for Religion & Liberty. One Objection is to be removed here: Can the Customs of the Iewes be binding to all Nations? The Kings of Iudah made such Covenants, shall therefore all Kings do so? Ans. why not this Custom, as well as Crowing, which they used likewise? These Rules are not Typical or Cermonial, nor only so Iudicial as to be pecu∣liarly Iudaical, but are matters of moral equity, bearing a standing reason founded upon that Law Deut. 17. 15. &c. Limiting the Prince to stand to conditions. If we cast at Divine Laws for Rules of Government, where wil we find better Laws? It is recorded of the first of the British Kings who was Christian, that writing to Eleutherius Bishop of Rome (before Antichrist took that seat) for the Roman Laws, he received this Answer;

By Divine Clemency ye have received the Law & faith of Christ, yow have the Old & New Testaments, out of them in Gods Name by Counsel of your State take Laws, & Govern your King∣dom.

And of another, that he began his Laws thus, God speake all these words &c. And so repeated the Laws of God. The Second thing I undertook to prove, is that Assertion of

Buchanan ubi supra, de Iure Regni. Qui prior a Conventis recidit &c. There being a paction between the King & Subjects, he who first recedes from what is Covenanted, and doth Counteract what he hath Covenanted, he looses the contract; and the bond being loosed which did hold fast the King with the people, whatever right did belong to him by virtue of that compact, he looses it, and the people are as free as before the stipulation.

Which is also asserted by the Author of

Ius populi ch. 6. pag. 112. It is no less clear, that when the Soveraign doth

not performe the principal main & most necessary con∣ditions, condescended & aggreed upon, de jure he fal∣leth from his Soveraignity: and pag. 117. when the Prince doth violate his compact, as to all its conditions, or as to its chief main & most necessary condition, the sub∣jects are de jure free from subjection to him, and at Liberty to make choise of another.

This is so clear that it needs no labour to prove it, that upon this head we were loosed from all Allegiance ro the former Tyrant, who was ad∣mitted upon terms of an explicite Covenant, the con∣ditions whereof he did as explicitely break. There are two cases wherein Subjects are loosed from Covenanted Allegiance to their Princes. 1. When the Prince remitts the obligation of the Subjects, and refuses Allegiance upon that basis; then he can no more demand it by virtue of that compact. He that remitts & will not have that Allegiance, that the Subjects Covenanted upon such & such conditions to him, these Subjects should not give it that they so Co∣venanted, for they should not prostitute it to a Refuser & Remitter: But Charles the Second remitted and would not have that Allegiance, which we Covenanted upon such & such conditions viz. upon the terms of the Cove∣nant, which he cassed, & annulled, and made Criminal to oune: Ergo to him we should not have given it, which we so Covenanted. 2. When the Prince did enter into a Mutual Covenant with the people upon Mutual condi∣tions, and does not only cease to performe the conditions, but simply denies all obligation to do it, and makes it a quarrel to insinuate so much, yea persecutes all who dare assert the obligation of that Covenant; and yet demands Allegiance, not upon the obligation of that Covenant which he hath remitted, but absolutely upon the grounds of his prerogative. In this case it will be evident also, the subjects are not bound either to oune their formerly Cove∣nanted Allegiance to him, Or that which he demands on other grounds. Grotius de Iure belli is clear as to this Lib. 1. Cap. 4. Num. 12. Si ex Clausula posita in ipsa delatione Im∣perii, ut si Rex hoc aut hoc faciet subditi omni obedientiae vinculo solvuntur, tunc quoque Rex in privatam personam recidit. If

there be such a Clause or condition in the very devolution of the Government upon a Prince, as if he do so & so the subjects shall be loosed from all bonds of obedience, then when he does so he becomes a meer private person. Grotius there supposes the power is transferred upon a resolutive con∣dition, that is if he transgress the condition the power shall be resolved into its first fountain: much more if it be trans∣ferred expressly also upon a suspensive condition, that he shall continue to maintain the ends of the Covenant, defend Religion & the Liberties of the Subjects, in the defence whereof we shall oune Allegiance to him, otherwise not in that case if he do not maintain these ends, plain it is our obligation ceases; for how can it stand upon a conditional obligation, when his performance of the condition sists? But whatever be the conditions Mutual, it flowes Nati∣vely from the Nature of a Mutual compact, that qui non praestat officium promissum cadit beneficio hac lege dato, he who doth not perform the conditions aggreed upon hath no right to the benefite granted upon condition of perfor∣mance of these conditions; especially if he performe not, or violate these conditions upon supposition whereof he would not have gotten the benefite: It were very absurd to say, in a Mutual conditional compact one party shall still be bound to perform his conditions, though the other perform none but break all. Were it the act of rational Creatures to set up a Soveraign, upon conditions he shall not play the Tyrant, and yet be bound to him thô he Ty∣rannize never so much? We have the Nature of Mutual compacts in the Spies Covenant with Rahab Iosh. 2. 20. If thow utter this our business, then we will be quite of thine Oath, which thow hast made us to swear: if she should break condi∣tion, then the obligation of the Oath on their part should cease. But next all the stress will ly in proving that the Co∣venant, on such & such conditions between a Prince & Subjects, doth equally & mutually oblige both to each other: for if it equally oblige both, then both are equally disen∣gaged from other by the breach on either side, and either of them may have a just claim in Law against the other for breach of the conditions. But Royalists & Court-slaves

alledge, that such a Covenant obliges the King to God; but not to the people at all; so that he is no more account∣able to them, than if he had made none at all. But the contrare is evident: For [1] If the compact be Mutual, and if it be infringed on one side, it must be so in the other also; for in contracts, the parties are considered as equalls, whatever inequality there may be betwixt them otherwise: I speak of contracts among men. [2] If it be not so, there is no Covenant made with the people at all: And so David did no more Covenant with Israel. than with the Chal∣deans: for to all with whom the Covenant is made it obliges to them. Otherwise it must be said, he only made the Covenant with God, contrary to the Text; for he made it only before the Lord as a Witness, not with Him as a party. Ioashs Covenant with the Lord is expresly distinguished from that with the people. [3] If it be not so, it were altogether non-sense to say, there were any Covenant made with the King, on the other hand: for he is supposed to be made King on such & such terms, and yet by this after he is made King he is no more obliged unto them, than if there had been no compact with him at all. [4] If he be bound as King, and not only as a man or Christian, then he is bound with respect to the people; for with respect to them he is only King: But he is bound as King, and not only as a man or Christian, be∣cause it is only with him as King that the people Covenant, and he must transact with them under the same considera∣tion. Next, that which he is obliged to, is the specifi∣cal act of a King, to defend Religion & Liberty, & Rule in Righteousness; And therefore his Covenant binds him as King. Again, if he be not bound as King, then as a King he is under no obligation of Law or Oath, which is to make him a Lawless Tyrant, yea none of Gods subjects. It would also suppose that the King as King could not sin against the people at all, but only against God: for as King he could be under no obligation of duty to the people, and where there is no obligation there is no sin; by this he would be set above all obligations to love his neighbour as himself, for he is above all his neighbours, and all man∣kind,

and only less than God; and so by this doctrine he is loosed from all duties of the Second Table, or at least he is not so much obliged to them as others. But against this it is Objected: both Prince & people are obliged to per∣forme their part to each other, and both are obliged to God, but both are not accountable to each other; there is not mutual power in the parties to compell one another to performe the promised duty; the King hath it indeed over the people, but not the people over the King, and there is no indifferent Judge Superior to both to compell both, but God. Ans. 1. What if all this should be grant∣ed? yet it doth not infringe the proposition: what if the people have not power to compell him? yet Iure he may fall from his Soveraignity, though de facto he is not de∣posed: he loses his right to our part, when he breaks his part. 2. There is no need of a Superior Arbiter: for as in contracting they are considered as equal, so the party keeping the contract is Superior to the other breaking it: 3. There may be Mutual Coactive Power, where there is no Mutual relation of Superiority & Inferiority: yea in some cases Inferiours may have a Coactive Power by Law, to compell their Superiours failing in their duty to them; As a Son wronged by his Father may compel him to repa∣ration by Law; And independent Kingdoms, nothing in∣ferior to each other, being in Covenant together, the wronged may have a Coactive power to force the other to duty, without any Superior Arbiter. 4. The bond of suretyship brings a man under the obligation to be account∣able to the Creditor, though the surety were never so high and the Creditor never so low: Solomon sayes in General without exception of Kings, yea including them because he was a King that spake it Prov. 6. 1, 2. My son if thow be Surety for thy friend—thow art snared with the words of thy Mouth. Now a Kings power is but fiduciary; And there∣fore he cannot be unaccountable for the power concredited to him. And if the Generation had minded this, our Stewarts should have been called to an account for their Stewardship ere now. Hence I argue, If a Covenanted Prince, breaking all the Conditions of his compact, doth

forfeit his right to the Subjects Allegiance, then they are no more to oune him as their Soveraign: But the former is proved, that a Covenanted Prince breaking all the con∣ditions of his compact doth forfeit his right to the Subjects Allegiance: Ergo—And Consequently when Charles the Second, expressly bound by Covenant to defend & promote the Convenanted Reformation & Liberties of the Kingdom, to whom only we were bound in the terms of his defending & promoting the same, did violently & villainously violate & vilify these conditions, we were no more bound to them. Somewhat possibly may be Objected here. 1. If this be the sense of the Covenant, then it would seem that we were not bound to oune the King, but only when & while he were actually promoving & car∣rying on the ends of the Covenant. Ans. It does not follow, but that we are obliged to preserve his Person & Authority in these necessary intervalls, when he is called to see to himself as a man; for we must preserve him as a mean, because of his aptitude & designation for such an End, albeit not alwayes formally prosecuting it: we do not say, that we are never to oune him, but when actual∣ly exercised in prosecuting these ends: but we say, we are never to oune him, when he is Tyrannically & Treacher∣ously abusing his Authority for destroying & overturning these ends, and violating all the conditions of his compact. It may be Obj. 2. Saul was a Tyrant, and a breaker of his Royal Covenant, and persecuter of the Godly, and Mur∣derer of the Priests of the Lord, usurper upon the Priests Office, and many other wayes guilty of breaking all con∣ditions: And yet David and all Israel ouned him as the Anointed of the Lord. Ans. 1. Saul was indeed a Tyrant, rejected of God, and to be ejected out of his Kingdom in His oun time & way, which David a Prophet knowing would not anticipate. But he was far short, and a meer Bungler in acts of Tyranny in comparison of our Grassators: he broke his Royal Covenant in very gross particular acts, but did not cass & rescind the whole of it, did not burn it, did not make it Criminal to oune its obligation, nor did he so much as profess a breach of it, nor arrogate an Ab∣solute

prerogative, nor attempt arbitrary Government, nor to evert the fundamental Laws and overturn the Re∣ligion of Israel, & bring in Idolatry, as Ours have done: He was a Persecuter of David upon some private quarrels, not of all the Godly upon the account of their Covenanted Religion: He Murdered 85 Priests of the Lord, in a trans∣port of fury, because of their kindness to David; but he did not make Laws adjudging all the Ministers of the Lord to death, who should be found most faithful in their duty to God & His Church, as Ours have done against all Field Preachers: He Usurped upon the Priests Office, in one elicit act of Sacrificing; but he did not usurp a Supre∣macy over them, and annex it as an inherent right of his Crown. 2. He was indeed such a Tyrant, as deserved to have been dethroned & brought to condign punishment, upon the same accounts that Amaziah & Uzziah were de∣posed for afterwards: And in this the people failed in their duty, and for it they were plagued remarkably; shall their Omission be an Argument to us? 3. As the question was never put to the people, whether they ouned his Authority as Lawful or not? So we do not read, either of their Uni∣versal ouning him, or their positive disouning him: How∣ever, Thats no good Argument, which is drawen a non facto ad faciendum; because they did it not, therefore it must not be done. 4. They ouned him; but how? as the Minister of God, not to be resisted or revolted from under pain of damnation? (as all Lawful Magistrats ought to be ouned Rom. 13. 2, 4.) This I deny: for David & his six hundred men resisted him resolutely; And though the body of the Nation did long Lazily lye & couch as Asses under his bur∣den, yet at length, weary of his Tyranny, many revolted from under him, and adjoined themselves to David at Zik∣lag, while he kept himself close because of Saul the Son of Kish 1 Chron. 12. 1. who are commended by the Spirit of God for their valour vers. 2. &c. and many out of Manasseh fell to him, when he came with the Philistims against Saul to battel vers. 19. This was a practical disouning of the Tyrant, before the Lord deposed him. 5. David did in∣deed pay him & his Character some deference, as having

been the Anointed of the Lord; yet perhaps his honour∣ing him with that title, the Lords anointed 1 Sam. 24. 1 Sam. 26. and calling him so often his Lord the King cannot be altogether Justified, no more than his using that same language to Achish King of Gath. 1 Sam. 29. 8. I shew before how titles might be allowed: but this so circum∣stantiate, does not seem so consistent with his im∣precatory prayer, for the Lords avenging him on him. 1 Sam. 24. 12. and many other imprecations against him in his Psalms; in some of which he calls the same man, whom here he stiles the Lords anointed, a Dog; as Saul & his Complices are called Psal. 95. 6, 14. and the evil violent & wicked man Psal 140. 1, 4. and the vilest of men Psal. 12. ult. However it be, there can be no Argument from hence, to oune the Authority of Tyrants & Usurpers.

6. Though this Necessary conditional compact, which must alwayes be in the constitution of Lawfu•• Rulers, be not alwayes express & explicite, so that a written Authen∣tick Copy of it cannot be always produced; yet it is alwise to be understood implicitely at least transacted, in the Rulers admission to the Government, wherein the Law of God must regulate both parties; and when he is made Ruler, it must natively be understood that it is upon terms to be a Father, feeder, & Protector, and not a Tyrant, Mur∣derer, & Destroyer. All Princes are so far pactional, that they are obliged, by the high & absolute Soveraign from whom they derive their Authority, to reign for the Peace & profit of the people: this is fixed unalterably by the Laws of the Supreme Legislator, and solemnly en∣gaged unto at the Coronation: and whosoever declines or destroyes this fundamental condition, he degrades & de∣poses himself. It is also not only the Universal practice, but necessary for the Constitution & Conservation of all Common-wealths, to have fundamental Laws & Provi∣sions about Government, both for the upholding & trans∣mitting & transfering it as occasion calls, and preventing & punishing violations thereof, that there be no invasion or intrusion upon the Government, and if there be any entrance upon it not according to the Constitution, that

it be illegitimated, and the Nations Liberties always se∣cured. This doeth infer & regulate a conditional compact with all that are advanced to the Government, albeit it should not be expressed. For it is undenyable that in the erection of all Governours, the grand Interests of the Com∣munity must be seen to by Legal Securities for Religion & Liberty, which is the end & use of fundamental Laws. Now how these have been unhinged & infringed, by the introduction & present establishment by Law of that Mon∣ster of the prerogative, enacted in Parliament Anno 1661. the Apologetick Relation doth abundantly demonstrate, Sect. 10. Concerning the Kings Civil Supremacy, enhancing all the Absoluteness that ever the Great Turk could arrogate, and yet far short of what hath been Usurped since, and im∣pudently proclaimed to the world, especially by him who now domineers, in his Challenges of Soveraign Authority, prerogative Royal, & Absolute Power, which all are to obey with∣out reserve, whereby the whole basis of our Constitution, and Bulwark of our Religion, Laws, & Liberties, is enervated, and we have security of no Law but the Kings lust. Hence I argue, Those Princes, that, contrary to their virtual compact (at least) at their coming to the Crown, have overturned all fundamental Laws, cannot be ouned: But our Princes have contrary to their virtual compact (at least) at their coming to the Crown over∣turned all fundamental Laws: Ergo they cannot be ouned.

The Major is plain: for they that overturn fundamental Laws are no Magistrats; thereby all the ends of Govern∣ment being subverted, and the subverter cannot be ouned as a Father or friend, but an open enemy to the Com∣mon-wealth, nor looked upon as Magistrats doing their duty, but as Tyrants seeking themselves with the de∣struction of the Common-wealth.: And in this case the compact, the ground of the Constitution, being violat∣ed, they fall from their right, and the people are Libe∣rated from their obligation, and they being no Magistrats the people are no subjects, for the relation is mutual, and so is the obligation Ius populi chap. 9. pag. 183.

The Minor is manifest, both from the matter of fact, and the

Mischiefs framed into Laws, by the Soveraign Authority, Prerogative Royal, & Absolute Power foresaid: whereby what remains of our fundamental Constitutions, either in Religious or Civil Settlements, unsubverted as yet, may be subverted when this Absolute Monarch pleases. Which Absolute Authority we cannot in conscience oune, for these Reasons, taken both from Reason & Scripture. First its against Reason. 1. A power contrare to Nature can∣not be ouned: Absolute power is such: for that which takes away, and makes the people to give away, their Na∣tural power of preserving their lives & Liberties, and sets a man above all rule & Law, is contrare to Nature; such is Absolute power, making people resign that which is not in their power to resign, an absolute power to destroy & Tyrannize. 2. A power contrare to the first rise of its Constitution cannot be ouned: Absolute power is such: for, The first rise of the Constitution is a peoples seting a Soveraign over them, giving him Authority to ad∣minister justice over them; But it were against this, to set one over them with a power to rage at randome, and rule as he lists: Its proven before, a King hath no power but what the people gave him, but they never gave, never could give an absolute power to destroy themselves. 3. That power which is against the ends of Government can∣not be ouned: Absolute power is such: for, that which will make a peoples condition worse then before the Con∣stitution, and that mean which they intended for a bless∣ing to turn a plague & scourage to them, and all the subjects to be formal slaves at the Princes devotion, must needs be contrare to the ends of Government: But Absolute power is such: for, against the exorbitance thereof no means would be left to prevent its obstructing all the fountains of Justice, and commanding Laws & Lawyers to speak, not justice righteousness & reason, but the lust & pleasure of one man, and turning all into Anarchy & confusion: Certainly it could never be the intention either of the work or workers, at the Constitution of Government, to set up a power to enslave the people, to be a Curse to them; but their ends was to get comfort, safety, & Liberty, under the shadow

of Government. 4. That power which invalidates, and is inconsistent with the Kings compact with the people, cannot be ouned: Absolute Power is such: for, the te∣nor of that is alwise to secure Laws & Liberties, to rule according to Law; but to be Absolute invalidates & is in∣consistent with that: That which were an engagment into Contradictories cannot consist with that compact; but to engage to be absolute, and yet to rule by Law, is an en∣gagment into Contradictories, which no people could ad∣mit for a security: Its inconsistent with this compact, to give the King Absolute Power to overturn Religion & Li∣berty, and to assume it which was never given, were to invalidate this compact, and to make himself no King; but to restore unto the people the power they conferred upon him, for the defence of Religion & Liberty. 5▪ That power which is not from God, nor of God, cannot be ouned: But Absolute Power is not of God; because it is a power to Tyrannize & Sin, which if it were of God He should be the Author of Sin; for if the Moral Power be of God, so must the acts be; but the acts of Absolute Power, being Lawless, cannot be from God: Ergo neither the Moral Power to commit these acts. 6. That Ruler who cannot be Gods Minister for the peoples good cannot be oun∣ed: (for that is the formal reason of our consfiencious sub∣jection to Rulers Rom. 13. 4, 5.) But Absolute Soveraigns are such as cannot be Gods Ministers for the peoples good; for if they be Gods Ministers for good, they must admini∣ster justice, preserve peace, rule by Law, take directions from their Master; and if so, they cannot be absolute. 7. A Tyrant in actu signato & exercito cannot be ouned: But an Absolute Prince is such; being a power that may play the Tyrant if he pleases, and jure as King: And so if Kings be actu primo Tyrants, then people are actu primo Slaves; and so Royal Power cannot be a blessing to them: yea a Law∣less breaker of all bonds, promises, & Oaths, cannot be ouned as Lawful Power: But Absolute Power is such: for, it cannot be limited by these Obligations, at least people cannot have any seurity by them. 8. A Lawless Power is not to be ouned: An Absolute Power is a Law∣less

power: Ergo not to be ouned. The Major is plain. Cicero sayes Lib. 2. de officio Eadem constituendarum Legum cau∣sa fuit, quae Regum The reason of making Lawes was the same, as of the creation of Kings. And Buchanan de jure Regni very excellently;

when the lust of Kings was in stead of Laws, and being vested with an infinite & im∣moderate power, they did not contain themselves within bounds—the insolency of Kings made Laws to be desired; for this cause Laws were made by the people, and Kings constrained to make use, not of their Li∣cencious wills in judgment, but of that right & priviledge which the people had conferred upon them, being taught by many experiences, that it was better that their Liberty should be concredited to Laws, than to Kings; better to have the Law which is a dumb King, than a King who is not a speaking Law.

If then Laws be necessary for the making of Kings, and more necessary than Kings, And the same cause requirs both, then a King without Laws is not to be ouned. Rex must be Lex loquens; a King must be a speaking & living Law, reducing the Law to practice: So much then as a King hath of Law, so much he hath of a King; and he who hath nothing of the Law, hath nothing of a King. Magna Charta of England saith, the King can do nothing but by Law, and no obedience is due to him but by Law. Buchanan rehearses the words of the most famous Empe∣rours, Theodosius & Valentinianus to this effect, Digna vox Majestate regnantis, legibus se alligatum Principem fateri; & re∣vero Imperio majus ost, submittere legibus Principatum. It is, say they, a word worthy of the Majestie of a King, to con∣fess he is a tyed Prince to the Laws, and indeed it is more to submit a Principality to the Laws, than to enjoy an Em∣pire. But now that an absolute power must be a Lawless power, is also evident; for thats a Lawless power that makes all Laws void, needless & useless: but such is absolute power: for, it cannot be confined to the observ∣ance of Laws. 9. That power which is destructive to the peoples Liberties cannot be ouned: Absolute power is such: for, such a Licencious freedom as is absolute, can∣not consist with the peoples Liberties; for these he may in∣fringe

when he pleases: Now these, in their oun Nature, and in all respects, being preferable to the Kings preroga∣tive, And it being no prerogative which is not consistent with, yea in its oun nature adapted to, the precious Inte∣rests of Religion & Liberty, when the Kings Absolute Au∣thority is stated in contradictory terms to these, we can∣not oune that Authority: for now he hath another Autho∣rity than could be given him for the preservation of these Interests, in the preservation whereof he can only have an Authority to be ouned, seeing he claimes a power to de∣stroy them if he please. 10. If we should oune Absolute Authority; then we should oune a Royal prerogative in the King to make & dispense with Laws: Now that cannot be ouned: for, it would infer that the King had a Masterly Dominion over his subjects, to make Lawes, & inflict Penalties without their consent. And plain it is, they that make Kings must have a Coordinate power to make Laws also; but the people in their Representatives make Kings, as is proven. Next a prerogative to dispense with Laws, except such Laws as are in their oun nature dispensable, without prejudice to any Law of God or Liberties of men, cannot be ouned: for any power to dispense with Reason & Law, not grounded on any other reason but meer will & absolute pleasure, is a brutish power. It cannot be jus Coronae, a right annexed to the Crown, to do so: for a King as a King illud tantum potest quod jure potest can do noth∣ing but what he may do by Law. Nay this is not only a Brutish power, but a Blasphemous power, making him a Kind of God on earth illimited, that can do what he pleases: And to dispute it further, were to dispute whe∣ther God hath made all under him slaves by their oun con∣sent; Or whether he may encroach on the prerogative of God, or not. By this prerogative, he arrogates a power to dispense with the Laws of God also, in pardoning Mur∣therers &c. which no man hath power to do: the Law of God being so peremptorly indispensable Gen. 9. 6. whoso sheddeth mans blood by man shall his blood be shed. Numb. 35. 30. 31. Who so killeth any person, the murderer shall he put to death—more over ye shall take no satisfaction for the life of a murderer,

but he shall be surely put to death. These pardons are acts of blood to the Community. If the Judgment be Gods, as it is Deut. 1. 17. and not for man but for the Lord 2 Chron. 19. 6. then no King can arrogate a power to dispense with it, no more then an inferior Judge can dispense with the Kings Laws: for the King is but a Minister, bearing the Sword not in vain, but as a revenger to execute wrath upon them that do evil Rom. 13. 4. They are but bastard Kings who give out sentances out of their oun mouth, contrary to Gods mind. And if he may do acts of grace by Prerogative above Law, then may he also do acts of Justice (so pretend∣ed) by the same Prerogative; and so may murder Inno∣cents, as well as pardon Murderers, he may condemn the just as well as justify the wicked, both which are alike abomination to the Lord Pro. 17. 15. This power cannot be ouned in any man. 11. To oune Absolu∣te power, were to recognosce the King as the proper & sole Interpreter of the Law. This Buchanan shews to be very absurd:

Cum regi Legum interpretationem &c.when yow grant the interpretation of Laws to a King; yow give him such a Licence, that the Law should not speak what the Lawgiver meaneth but what is for the Interpreters Interest; so that he may turn it to all actions, as a Lesbian rule, for his oun advantage; And so what he pleases the Laws shall speak, and what he will not it shall not speak.

Now the Kings absolute pleasure, can no more be the sense of the Law, than it can be the Law it self: He is King by Law, but he is not King of Law: No mortal can make a sense to a Law, contrare to the Law; for it involves a Contradiction; the true meaning is only the Law. This also would take away the use of all Laws; for they could not declare what were just & unjust, but as the King pleased; their genuine sense could not be the rule. 12. If we oune the Law to be above the King, then we cannot oune the King to be absolute: But the former is true: For, he must be under it several wayes: (1) under its Directive power; that will not be denyed. (2) under its Constitutive power: he is not a King by Nature, but by Constitution & Law: therefore the Law is above the King;

because its only from the Law that there is a King, and that such a man and not another is King, and that the King must be so & so qualified, and they that made him a King may also unmake him by the same Law. (3) under its Limi∣ting & Restrictive power, as a man he cannot be absolute, nor as a King by Law. (4) under its Coactive power. A Law maker, said King Iames the 6. should not be a Law breaker: but if he turn an overturner of the fundamental Laws, that Law or Covenant that made him King, doth oblige to unmake him. Whatever power he hath it is only a bor∣rowed, fiduciary power, as the Nations Publick servant: and that which was lent him in Pledge or paun, may be reclaimed, when abused by him. Especially if he turn par∣ricide, Kill his brother, murder his nobles, burn Cities, then he may & ought to be punished by Law. Otherwise, God should have provided better for the safety of the part, than of the whole, though that part be but a mean for the safety of the whole: for if he turn Tyrant in his absolute∣ness, the people must be destroyed, if they may not repress him; thus he is secured, and the whole exposed to ruine. Yea, if he be a man as well as a King, he must be under rule of Law; and when he transgresses, either his trans∣gressions are punishable by men, or they are not transgres∣sions with men, See many Arguments to this purpose in Lex Rex Quest. 14. 19. 22. 23. 24. 26. 27. But Secondly I prove it by Scripture 1. Even as King he is regulated by Law, not to multiply horses, nor wives, nor money, but to keep the words of the Law, and not lift up himself above his brethren, Deut. 17. 16, 17, 19, 20. he must observe to do according to the Law, and not turn from it to the right hand or to the left Iosh. 1. 7. Ergo he must not be absolute. 2. He is certainly under that Law, Math. 7. 12. what so ever ye would that men should do to yow do ye even so to them: which is the universal fundamental Law. If then he would have us keeping in our line of subordination to him, he must keep his line, and so cannot be absolute. 3. What is Gods dwe & peculiar Prerogative, can be ouned in no Mortal: But Absolute power is Gods due & peculiar Prerogative. He alone does whatsoever pleaseth Him Psal. 115. 3. He alone

worketh alle things after the Counsel of His oun will Eph. 1. 11. Acts or Commands founded upon the sole pleasure of the Agent, are proper to God. Its Gods will and not the Creatures, that can make things good or just. Its Blasphemy therefore to ascribe absolute power to any Creature. 4. That which the spirit of God condemned as a point of Tyranny in Nebuchadnezzar, that is no prerogative to be ouned: but the Spirit of God condemned this in him, pro∣ceeding from absolute power, that whom he would he slew, and whom he would he kept alive, whom he would he set up, and whom he would he put doun, And his heart was lifted up Dan. 5. 19. 20. 5. That which God condemns & threatens in Tyrants in the Word in General, cannot be ouned: but Absolute power, God condemns & thereatens in the word in general; that they turned Iudgement into Gall, and said, have we not taken to us horns by our oun strength? Amos. 6. 12. 13. 6. The Word of God speaks nothing of the Kings Absolute prerogative, to make Laws as he will. It is plain the Kings of Iudah had it not; but the Sanhedrin had a great part of the Nomothetick power, and of the punitive power in a special manner: the Princes & people had it by Ieremahs acknowledgment Ier. 26. 14. And Zedekiah confesses to them; the King is not he that can do any thing against yow Ier. 38. 5. 7. we find the King in Scripture had not an absolute power, to expone or execute the Law as he would: Saul made a Law 1 Sam. 14. 2••. Cursed be the man that eats any food until evening. But expening it, & thinking to execute it after a Tyrannical manner, he was justly resisted by the people, who would not let him kill innocent Ionathan. 8. Nor had he the sole power of Inter∣preting it: for inferior Judges were Interpreters, who are no less essential Judges than the King, who are set to Judge for the Lord, and not for the King 2 Cron. 19. 6. and there∣fore they were to expone it according to their oun con∣science, and not the Kings. They were to speak righteous∣ness & Iudge uprightly Psal. 58. 1. hence called Gods, as well as Kings Psal. 82. 1. There was no essential Diffe∣rence between a King of Gods approving and a Judge; there being but one Law to both Deut. 17. 9. he was sub∣ject

to judgment as well as others: for being but a brother, even while on the throne, who was not to lift up his heart above his brethren, Deut. 17. ult. When his Cause was to be judged, his person though never so great was not to be respected; nor were they to be afrayed of the face of man, for the judgment was Gods Deut. 1. 17. therefore the Judges were to give out sentence in judgment, as if the Lord were to give it out: There was no exception of Kings there. Yea, we find according to common Law, they judged & punished offending Kings, as shall be made appear. 10. If they were under Church Censures, then they were not abso∣lute: but we find Kings were under Church Censures; not only rebuked sharply to their face, of which we have many instances; but also subjected to Church discipline, as Uzziah shut up for his Leprosie. And certainly at all times this must be extended to all: for the King is either a brother, or not: If not, then he should not be King, according to the Scripture Deut. 17. 15. then also he is not a Christian, nor can he say the Lords Prayer: If he be, then if a brother offend, he is subject to the Church Math. 18. there is no ex∣ceptions of Kings there. The Objection from Eccles, 8. 3. 4. —he doth whatsoever pleaseth him where the word of a King is there is power, and who may say unto him, what doest thow? is of no significancy here. For. 1. This Argument will en∣force absolute obedience, if the power be to be taken ab∣solutely▪ for it is obedience that is there commanded: and so we must not only oune the absolute Authority, but obey it without reserve, which never any yet had the impudence to plead for, until Iames the unjust claimed it in a Scots Proclaimation: but we answer, It is better to obey God than man, 2. If he may do whatsoever pleases him, then he may turn Priest, then he may kill whom he pleases, & take possession; and yet for Saules Usurpation Samuel could say more than what doest thow? even to tell him, he had done foolishly, and his Kingdom should not continue 1 Sam. 13. 13. 14. And for Ahabs Tyranny, El••ah could tell him, the dogs shall lick thy blood even thine 1 King. 21. 19. And Eze∣kiel, thow profane wicked-Prince of Israel Ezek. 21. 25. 3. The meaning is then only this; that a righteous King, his just

power may not be controlled; he is armed with power that may not be resisted, for he beareth not the Sword in vain, and therefore we must not stand in an evil matter against them I conlude then this Argument, with the words of an Ingenious Author, upon this same subject, both in Thesi & Hypothesi:

whosoever shall offer to rule Arbitrarly, does immediatly cease to be King de jure. seeing by the fundamental, Common & Statute-Laws of the Realme, we know none for Supreme Magistrate & Governour but a limited Prince, and one who stands circumscribed & bounded in his power & Prerogative. Ill effects of animo∣sities. Pag. 17.

7. From what is said this is the result, that it is essentially necessary to a Moral power & Authority, to have a right & title, without which we can oune none, but as a Tyrant sine Titulo. For what is Authority, but a right to rule? if then it have not a right, it is not Authority. This will be undeniable, if we consider, that as Private dominon, or Property, consists in a right to enjoy; So Publick domi∣nion, in a right to rule. Some things indeed are exposed to the common & arbitrary use of every man, and also at the begining, by reason of the fewness of mankind, Do∣minion was not reduced to distinct Property; yet now, upon the Multiplication of Occupants, of necessity it must be stated by peculiar appropriation, from the Law of Na∣ture, and by the Grant of the Supreme King, who hath given the earth to the Children of men Psal. 115. 16, not to be catched up as the food of beasts, which the stronger seise, and the weaker get only what the other leave them, but divided by right as an Inheritance, by Him who separated the Sons of Adam and set the bounds of the People Deut. 32. 8. Especially Publick Dominion cannot be without a foun∣dation for its relation to the subjected, and must be so tied up, that it may be said, this man is to command and these are to obey. I shew that Authority is from God both by In∣stitution & Constitution; so that the Subjects are given to understand, such an one is singled out by God to sustain this Authority, by prescribing a rule for mens entry into the Authoritative relation, whereby He communicates that

power to them which is not in others, and which other∣wise would not be in them. Hence it is that Orderly ad∣mittance that must give the right, and upon mens having or not having such an entrance to it depends the reality or nullity of the power they challenge. Where therefore there is no Lawful Investure, there is no Moral power to be ouned; otherwise Iohn of Leyden his Authority might have been ouned: the unlawfulness of such a power consists in the very tenore it self, and if we take away the use or holding of it, we take away the very being of it: it is not then the abuse of a power Lawfully to be used, but the very use of it is unlawful. But in the Usurpation of this Man, or Monster rather that is now mounted the Throne, there is no Lawful investure in the way God hath appointed, as is shewed above. Ergo there is no Moral power to be ouned. To clear this alitle further, it will be necessary to remove the ordinary Prentences, pleaded for a Title to warrant the ouning of such as are in power. Which are three chiefly viz. Possession, Conquest, and Hereditary Suc∣cession. The first must be touched more particularly, be∣cause it hath been the originate error, & spring of all the stupid mistakes about Government, and is the pitiful plea of many even Malecontents, why this Mans Authority is to be ouned, asserting that a person attaining & occupying the place of power (by whatsoever means) is to be ouned as the Magistrate. But this can give no right: for. 1. If Pro∣vidence cannot signify Gods approbative ordination, it can give no right; for without that there can be no right: But Providence cannot signify His approbative Ordination: because that, without the warrant of His Word, cannot signify either allowance or dissallowance, it is so various, being often the same to Courses directly contrary, and oftentimes contrary to the same Course: sometimes fa∣vouring it, sometimes crossing it, whether it be good or bad: And the same Common Providence may proceed from far different Purposes, to one in Mercy, to another in Judgment; And most frequently very disproportionable to mens wayes: Providence places sometimes wickedness in the place of Iudgment, and iniquity in the place of righteousness

Eccless. 3. 16. that is not by allowance. By Providence it happens to the just according to the work of the wicked, and to the wicked according to the work of the righteous Ec∣cless. 8. 14. No man knoweth either love or hatred by all that is be∣fore them, all things come alike to all, there is one event to the righteous and to the wicked Eccel. 9. 1. It were a great debasing of the Lords anointed to give him no other warrant then sin hath in the world, or the falling of a Sparrow. 2. Either every Providential Possession, in every ease, gives a title: Or God hath Declared it as a Law, that it shall be so in this particular matter of Authority only. The first cannot be said: for, that would justify all robbery: Nor the second, for where is that Law found? Nay it were impious to alledge it; for it would say, there is no unjust Possessor or Disorderly occupant, but if he were once in the Possession, he were right enough: And then Usurpation would be no sin. 3. If none of the Causes of Magistracy be required to the producing of this Possesso∣ry power, then it cannot give or have any right; for without the true Causes it cannot be the true effect, and so can have no true right to be ouned: But none of the Causes of Magistracy are required to the production of this; neither the Institution of God, for this might have been if Magi∣stracy had never been instituted; Nor the Constitution of men, for this may usurp without that. 4. That which must follow upon the right, and be Legitimated by it, cannot be ouned as the right, nor can it give the title: But the Possession of the power, or the Possessory exercise thereof, must follow upon its right, and be legitimated by it. Ergo—A man must first be in the relation of a Ruler, before he can rule; and men must first be in the relation of subjects, before they obey. The Commands of Publick Justice, to whom are they given but to Magistrats? They must then be Magistrats, before they can be ouned as the Ministers of Justice: he must be a Magistrate before he can have the power of the Sword, he cannot by the power of the Sword make himself Magistrate. 5. That which would make every one in the Possession of the Magistracy, a Tyrant, can not be ouned: But a Possessory occupation

giving right, would make every one in Possession of the Magistracy a Tyrant, can not be ouned: But a Posses∣sory occupation giving right, would make every one in Possession a Tyrant; for, that which enervats & takes away that necessary Distinction between the Kings personal Ca∣pacity & his Legal Capacity, his natural & his moral power, will make every King a Tyrant (seeing it makes every thing that he can do as a man, to be Legally done as a King) But a Possessory occupation giving right, would enervate & take away that distinction: for how can these be distinguished in a meer Possessory power? the mans Pos∣session is all his legal power; and if Possession give a right, his power will give legality. 6. What sort or size of Pos∣session can be ouned to give a right? Either it must be partial or plenary possession: Not partial, for then others may be equally entitled to the Government, in competition with that partial possessor, having also a part of it: Not plenary, for them every interruption or Usurpation on a part, would make a dissolution of the Government. 7. Hence would follow infinite absurdities: this would give equal warrant in case of vacancy to all men to step to, & stickle for the throne, and expose the Common wealth as a booty to all aspiring spirits; for they needed no more to make them Soveraigns, and lay a tye of subjection upon the consciences of people, but to get into possession: And in case of Competition, it would leave people still in sus∣pense & uncertainties whom to oune, for they behoved to be subject only to the Uppermost, which could not be known until the Controversy be decided: It would cassate & make void all preobligations, Cautions, & restrictions from God about the Government: it would Cancel and make vain all other titles of any, or Constitutions, or provisions, or Oaths of Allegiance: yea to what purpose were Laws, or pactions made about ordering the Govern∣ment, if possession gave right, & laid an obligation on all to oune it? yea then it were sinful to make any such pro∣visions, to fence in & limit the determination of provi∣dence, if providential possession may authorize every in∣truesive acquisition to be ouned: Then also in case of com∣petition

of two equal pretenders to the Government, there would be no place left for arbitrations: If this were true, that he is the power that is in possession, the difference were at an end; no man could plead for his oun right then: In this also it is inconsistent with it self, condemning all resistence against the present occupant, yet justifying every resistence that is but successful to give possession. 8. That which would oblige us to oune the Devil & the Pope, can∣not be a ground to oune any man: But if this were true, that possession gave right, it would oblige us to oune the Devil & the pope. Satan we find claiming to himself the possession of the worlds Kingdoms Luk. 4. 6. which as to many of them is in some respect true, for he is called the God of this world, and the Prince of this world Iohn. 14. 30. 2 Cor. 4. 4. Are men therefore obliged to oune his autho∣rity? or shall they deny his, and acknowledge his lievte∣nant, who bears his name, and by whom all his orders are execute, I mean the man that Tyranizes over the people of God? for he is the Devil that casts some into prison Revel. 2. 10. Again the Pope, his Captain-General, layes claim to a Temporal power & Ecclesiastick both, over all the Na∣tions, and possesses it over many; and again, under the Conduct of his vassal the Duke of York, is attempting to re∣cover the possession of Britain: Shall he therefore be ouned? This Cursed Principle disposes men for Poperie, and con∣tributes to strengthen Poperie & Tyrannie both on the stage, to the vacating of all the promises of their dispossess∣ion. 9. That which would justify a Damnable sin, and make it a ground of a duty, cannot be ouned: But this fancy of ouning every power in possession would justify a damna∣ble sin, and make it the ground of a duty: for, Resistence to the powers ordained of God is a damnable sin Rom, 13. 2. but the Resisters having success in providence may come to the possession of the power, by expelling the just occupant; and by this opinion that possession would be ground for the duty of subjection for Conscience sake. 10. If a self-created dignity be null and not to be ouned, then a meer possessory is not to be ouned: But the former is ttue: as Christ saith, Iohn. S. 54. If I honour myself my honor is nothing. 11. That

which God hath disallowed cannot be ouned: But God hath expresly disallowed possession without right Ezek. 21. 27. I will overturn, overturn, overturn it until He come whose right it is, Hos. 8. 4. They have set up Kings & not by me. Math. 26. 52. All they that take the sword shall perish with the sword; by this the Usurper of the Sword is differenced from the true ouner. 12. Many Scripture examples confut this; shew∣ing that the possession may be in one, and the power with right in another. David was the Magistrate, and yet Ab∣salom possessed the place 2 Sam. 15. 16. 17. 18. 19. chap. Shebah also made a revolt and Usurped the possession in a great part, and yet David was King 2 Sam. 20. 2. Adonijah got the start in respect of possession, exalting himself, saying, I will be King: yet the Kingdom was Solomons from the Lord. 1 King. 1. ch. The house of Ahaziah had not power to keep still the Kingdom 2 Chron. 22. 9. and Athaliah took the pos∣session of it, yet the people set up Ioash 23. 3. Next we have many examples of such who have invaded the possessor, Witness Iehoram & Iehoshaphat their expedition against Mesba King of Moah, Elisha being in the expedition 2 King. 3. 4, 5. Hence we see the first pretence removed. The Second is no better; which Augustine calls Magnum Latro∣cinium a Great Robberie; I mean conquest; or a power of the Sword gotten by the Sword: which that it can give no right to be ouned, I prove. 1. That which can give no signi∣fication of Gods approving will, cannot give a Title to be ouned: But meer conquest can give no signification of Gods approving will, as is just now proven about posses∣sion: for then the Lord should have approven all the unjust conquests that have been in the world. 2. Either conquest as conquest must be ouned, as a just Title to the Crown; and so the Ammonites, Moabites, Philistims &c. prevailing over Gods people for a time; must have reigned by right: or as a just conquest, in this case conquest is only a mean to the conquerours seising & holding that power, which the State of the war entitled him unto, And this ingress into Au∣thority over the conquered is not grounded on conquest but on justice, and not at all privative but Inclusive of the con∣sent of the people; and then it may be ouned; but without a

compact, upon conditions of securing Religion & Liberty, the posterity cannot be subjected without their consent: for, what ever just quarrel the conquerour had with the present Generation, he could haue none with the Poste∣rity, the Father can have no power to resign the Liberty of the Children. 3. A King as King, and by virtue of his Royal Office, must be ouned to be a Father, Tutor, Pro∣tector, Shepherd, & Patron of the people: But a mere conquerour without consent cannot be ouned as such. Can he be a Father & Patron to us against our will, by the sole power of the sword? a Father to these that are unwilling to be Sons? an head over such as will not be members? and a defender through violence? 4. A King as such is a spe∣cial gift of God, and blessing not a judgement: But a con∣querour as such is not a blessing but a judgement, his native end being not Peace but fire & sword. 5. That which hath nothing of a King in it, can not be ouned to make a King: But conquest hath nothing of a King in it; for it hath nothing but violence & force, nothing out what the bloodyest villain that was never a King may have, nothing of Gods approving & regulating Will, nothing of Institu∣tion or constitution; and a plain repugnancy to the Ordi∣nation of God, for God hath said, thow shalt not kill; con∣quest sayes, I will kill, and Prosper, & reign. 6. A Law∣ful Call to a Lawful Office may not be resisted: But a Call to conquest, which is nothing but ambition or revenge, ought to be resisted; because not of Gods preceptive will, otherwise He should be the Author of sin. 7. That power which we must oune to be the Ordinance o•• God, must not be resisted Rom. 13. 2. But conquest may be resisted in defence of our King & Country: Therefore it must no be ouned to be the Ordinance of God. 8. That which God condemns in His Word cannot be ouned: But Dominion by the sword God condemns in His Word Ezek. 33. 26. ye stand upon your sword—and shall possess the Land, Amos 6. 13. ye rejoice in a thing of naught which say, have we not taken horns to us by our oun strength. Habhak. 2. 5, 6—Wo to him that encreaseth that which is not his, how long &c. 9. We have many examples of invading Conquerours: as Abraham

for the rescue of Lot pursued the Conquering Kings unto Dan. Gen. 14. 14. Ionathan smote a Garison of the Con∣queering Philistims 1 Sam. 13. 3. The Lord ouning & au∣thorizing them so to do. The people did often shake off the yoke of their Conquerours in the history of the Judges: But this they might not do to their Lawful Rulers. What is objected from the Lords people Conquering Canaan &c. is no Argument for conquest: for He, to whom belongs the earth and its fullness, disponed to Israel the Land of Canaan for their Inheritance, and ordained that they should get the possession thereof by conquest: It followeth not, therefore that Kings now, wanting any word of promise or divine Grant to any Lands, may ascend to the Thrones of other Kingdoms than their oun, by no better title than the bloody sword. See Lex Rex Quest 12. The Third pre∣tence, of Hereditary Succession remaines to be removed: which may be thus disproven. 1. This clashes with the former, though commonly asserted by Royalists. For either Conquest gives a right, or it does not: If it does, then it looses all allegiance to the heirs of the Crown disposses∣sed thereby: If it does not give a right, then no Hereditary Succession founded upon conquest can have any right, being founded upon that which hath no right: And this will shake the most part of Hereditary Successions that are now in the world. 2. If Hereditary Succession have no right, but the peoples consent; then of it self it can give none to a man that hath not that consent: But the former is true. For, it is demanded, how doth the Son or Brother suc∣ceed? by what right? It must either be by divine promise; Or by the Fathers will; Or it must come by propogation from the first Ruler, by a right of the Primogeniture: But none of these can be. For the first, we have no imme∣diate Divine Constitution tying the Crown to such a race, as in Davids Covenant: It will be easily granted, they fetch∣ed not their Charter from Heaven immediatly, as David had it, a man of many peculiar prerogatives, to whose line the promise was astricted of the Coming of Messias, and Iacobs Prophesie that the Scepter should not depart from Iudah until His coming Gen. 49. 10. was restricted to his

family afterwards: Wherefore he could say, The Lord God of Israel chose me befor all the house of my father to be King over Israel for ever, for He hath chosen Iudah to be the Ruler, and of the house of Iudah the house of my father, and among the sons of my father He liked me to make me▪ King over Israel, and of all my Sons He hath chosen Solomon 1 Chron. 28. 4. 5. All Kings cannot say this; neither could Saul say it, though immediatly called of God as well as David: yet this same Promise to David was Conditional, if His Children should keep the Lords wayes 2 Chron. 6. 16. Next it cannot be said this comes from the will of the father; for according to the Scripture, no King can make a King, though a King may appoint & design his son for succession, as David did Solomon, but the people make him. The father is some way a Cause why his son succeedeth, but he is not the Cause of the Ro∣yaltie conferred upon him by line: for the question will re∣cur, who made him a King? and his father? & grand father? till we come up to the first father. Then, who made him a King? not himself: therefore it must be refounded upon the peoples choise & constitution: And who appointed the lineal succession, and tyed the Crown to the line, but they? It is then at the best, the Patrimony of the people, by the fundamental Law of the Kingdom, conferred upon the successor by consent. And generally it is granted, even where the succession is lineal, he that comes to inherit, Doth it not jure hereditario but vi legis, he does not succeed by heritage but by the force of Law; the Son then hath not his Kingdom from his father but by Law, which the people made & stand to, as long as it may consist with the reasons of publick advantage, upon which they condiscended to establish such a family over them. Neither can it be said, It is by a right of Primogeniture propogated from the first Ruler; for this must either be Adam the first of the world; or Fergus v. G. the first of this Kingdom. It could not come from Adam as a Monarch & father of all: For that behoved to be, either by order of Nature, or his volun••ary assign∣ment: It could not be transferred by order of Nature; for besides the difficulty to find out Adams successor, in the universal Monarchy, and the absurdity of fixing it on Cain

(who was a Cursed vagabond, afraied of every man, and could not be an universal Monarch yet Adams first born) It will be asked, how this passed from him unto others? whether it went by father-hood to all the Sons, fathers to their Posterity? which would multiply as many Common wealths, as there have been fathers since: Or if it went by Primogeniture only to the first born, that he alone could claim the power which would infer the necessity of an universal Monarchy, without multiplication of Common-wealths. If it was by his voluntary assignment, to whom & in what proportion he pleased; then the universal Mo∣narchy died with himself, and so could not be conveyed at all: for, either he behoved to give each son a share, to be conveyed dounwards to their children in that proportion; or whole & solide to one: So also the former dilemma recurs, for if the first be said, it will make as many litle Kingdoms as there have been sons of Adam; if the second, the world should be but still one Kingdom. But however it be, this could never be the way that God appointed, either for raising a Magistratical power where it is wanting, or deriving a right to any in being; Considering the multipli∣cation, division, confusion, & Extinction of families that have been. If it be from Fergus the first of this line; then either it comes from him as a King, or as a Father: not the first, for the reason above hinted: nor as a father; for a father may defraud his son of the heritage, a King cannot deprive his son of the Crown; a father may divide his heri∣tage, a King cannot divide the Kingdom among his sons; It must then be at length refounded on the peoples Consent 3. If even where lineal succession is Constituted by Law, for eviting the inconveniences of frequent elections, people are not tied to admit every first born of that line; then that birth righr, where there is no more, cannot make a King: But the former is true; for they are tied only conditionally, so he be qualified, and have a head to sit at the helme, and not a fool or monster, neither are they free to admit Mur∣derers or Idolaters by the Laws of God and of the Land: It is not birth then, but their admission being so qualified, that makes Kings. Hence. 4. That which takes away

the peoples birth-right, given them of God to provide for their liberties in the fitest Government, that is not to be ouned: But to make birth alone a tile to the Crown, takes away the peoples birth-right given them of God of provi∣ding for their liberties in the fitest Government, and fetters their choise to one destructive to these. Certainly where God hath not bound the conscience, men may not bind themselves nor their posterity: But God hath never fet∣tered men to a choise of a Government or Governing line, which contrary to the intention of the Oath may prove destructive to the ends thereof. Nor can the fathers leave in legacy by Oath, any chains to fetter the after wits of posterity to a choise destructive to Religion & liberty. Israel was bound by Covenant not to destroy the Gibeonites; but if they had risen to cut off Isael, who can doubt but they were loosed from that obligation? for to preserve Cut-throats was contrary to the intention of the Oath: so when either Monarchy, or the succeeding Monarch, proves destructive to the ends of Government, the Choice, Law, or Oath of our fathers, cannot bind us. 5. If we are tied to the hereditary succession, not for the right the successor hath by birth, but for our Covenanted allegiance to them whose successor he is; then cannot his birth-right be the ground of our Allegiance, And consequently hereditary succession cannot make a King: But the former is true; for in hereditary Crowns, the first family being chosen by the suffrages of the people, for that Cause the hereditary Prince comes to the Throne, becanse his first father, and in him the whole line, was chosen: The hereditary suc∣cessor hath no priviledge or prerogative, but from him who was chosen King. Therefore the obligation to the son, being no greater than the obligation to the father, which is the ground of that, if the father then was ouned only because he was chosen & qualified for Government, the Son cannot be ouned for any other Cause, but as cho∣sen in him, and also qualified and admitted with Consent. We cannot choose the father as qualified, and tye our selves to the Successors, be what they will. 6. If a King be not born heir of a Kingdom, then is he not King by birth;

But he is not born heir of a Kindom: for, a mean cannot be born to inherit the end, the King is but a mean for the Kingdoms preservation. If the Kingdom be his by birth as an inheritance, why may he not upon necessary occasions sell his inheritance? but if he sell it, then all confess he is no more King. 7. If that which makes a King cannot be transmitted from father to son; then succession by birth cannot make a King: But the former is true. The Royal faculty of Governing cannot be transmitted: Solomon asked it from God, he had it not from his father: nor can he be born to the honour of a King, because not born with either the gift or honour to be a Iudge. God maketh high & low, not birth. Nor can the Call & Constitution of a King according to the will of God be transferred from father to son, for that cannot be in Gods way without the interve∣ning Consent of the people, that cannot make him a born King. 8. If no Dominion can come by Nature, as is proven before, then can no man be a born King: Nature & birth cannot give them a Scepter in their hand; nor Kingly Majestie they must have that alone from God & the people, and may only expect honour from their oun good Government: Kings (as Plutarch sayes) must be like dogs that are best hunters, not these who are born of best dogs. 9. The peculiar Prerogative of Iesus Christ must not be ascribed to any other: But this is His peculiar Preroga∣tive, to be a born King of whom it might be truely faid, Where is He that is born King of the Iewes? And for this end was He born, who came out of the womb with a Crown on His Head, which no Creature can bear. 10. In Scrip∣ture we find that a King was to be so & so qualified, not a stranger, but a reader of Gods Word &c. Deut. 17. 15. &c. he was not qualified by naked birth. Hence, if all the qualifications requisite in an heir cannot make a King qua∣lified according to the Institution of God, then his being heir cannot make him King: But the first is true; an heir may be an heir without these qualifications. 11. We find in the Scripture, the people were to make the Kings by that Law Deut. 17. thow shalt choose him whom the Lord chooseth: yea neither Saul nor David were Kings, till the

people met to make them: Therefore birth never made them Kings, even though the Kingdom was tied to Davids line. That was only a Typical designment by special Pro∣mise, because Christ was to come of that line; it was there∣fore established in Davids family for Typical reasons, that cannot be now alledged. 12. We find in the disposal of Government among brethren, this birth-order was not seldom inverted; as when Iacoh was preferred before Esaw, Iudah before all the elder sons of Iacob. Ephraim before Manasseh, Solomon before Adonijah. Hence if this Gentleman now regnant, have no better pretences than these now confuted, we cannot recognosce his right to reign: yea though this last were valid, yet he cannot plead it, it being expressly provided in our Laws against the succession of a Papist. But there is one Grand Objection against all this. The Jewes and other Nations are com∣manded to bring their necks under the yoke of the King of Babilon and to serve him, and yet he had no other right to these Kingdom, then the Lords Providential disposal, because the Lord had given all these Lands into his hand, Ier. 27. 6, 7, 12. Ans. 1. He was indeed an unjust Usurp∣er, and had no right but the Lord providential gif••; which sometimes makes the tabernacles of Robbers prosper into whose hand God bringeth abundantly Iob. 12. 6. and gives Iacoh sometimes for a spoil and Israel to the Robbers Isai. 42. 24. and giveth power to the Beast to continue forty & two Moneths, and to have power over all kindreds & tongues & Nations Revel. 13. 5, 7. His Tyranny also was very great extensively, in respect of his oppressions & usurpations by Conquest: but it was not so great intensively, as our Rob∣bers & Spoilers may be charged with; he was never such a Perverter of all the ends of Government, nor a treachrous overturner of all Conditions, he was never a Persecuter of the Iewish Religion, he never oppressed them upon that account, nor endeavoured its extirpation, he never enacted such mischiefs by Law. The Lord only made use of him to bring about the holy ends of the Glory of His Justice & Wisdom, in which respect alone he is called His Servant, as else where His ••od & hammer, having given

him a charge against an Hypocritical Nation to trample them doun in His holy Providence, and accordingly there was no resistence could prevail, they must be trampled upon, no help for it; but no subjection was required, acknowledging his Magistratical right by divine Ordinance, but only a submissive stooping to the holy disposal of divine Providence; no ouning was exacted either of the equity of that power, or of fealtie to the administrator. 2. This behoved to be a particular Command, by Positive Revela∣tion given at that time, not binding to others in the like Condition; which I refer to the judgment of the objectors: put the case, and make it run paralel, If the King of En∣gland were in league with the King of France, and breaking that league should provoke that aspiring Prince, growing potent by many Conquests, to discover his designs, make preparations, and give out threatenings for the Conquest of England & all Brittain; were the people of England bound to surrender themselves as Servants & tributaries to him, for 70 years or for ever, under pain of destruction, if they should not? This were one of the most ridiculous inferences, that ever was pleaded: nay it would make all refusal of subjection to invaders unlawful. 3. I will draw an Argument from this to confirm my Plea: for these Commands of subjection to Babilon, were not delivered until after the King of Iudah had surrendered to Nebuchad∣nezzar, and entered into Covenant with him to be subject to him 2. King. 24. chap. in keeping which Covenant the Kingdom might have stood, and after he had Rebelled against him and broken that Covenant, when lo he had given his hand; after which he could not prosper, or escape, or be delivered, Ezek. 17. 14, 15, 18, 2 Chron. 36. 13. Then the Commandment came, that they should disoune their oune King Zedekiah, now forefeiting his right by breach of Covenant, and be subject to Nebuchadnezzar. Whence I argue, If people are commanded to disoune their Cove∣nant-breaking Rulers, and subject themselves to Conquer∣ours; then I have all I plead for: But the former is true, by the truth of this objection: Ergo also the Latter. There is a 2 Obj. from Rom. 13. 1. let every soul be subject to the higher

powers, the powers that be are ordained of God: yet the Roman Emperour, to which they were to be subject, was an usurper. Ans. 1. It cannot be proven that the Apostle in∣tendeth here the Roman Emperour as the higher power: There were at this time several Competitions for the Empire, about which Christians might have their oun scruples whom to oune; the Apostle does not determine their litigations, nor interest himself in parties, but gives the General Standart of Gods Ordinance they had to go by. And the best Expositors of the place do alle••ge, the question & doubt of Christians then, was not so much in whom the Supremacy was? as whether Christians were at all bound to obey Civil power, especially Pagan? which the Apostle resolves, in giving general directions to Chri∣stians, to obey the ordinance of Magistracy, conforme to its original, and as it respects the end for which he had & would set it up, but no respect is there had to Tyrants. 2. It cannot be proven that the Supreme power then in being was usurpative: there being then a Supreme Senate, which was a Lawful power; nor that Nero was then an usurper, who came in by choise & consent, and with the good liking of the people. 3. The Text means of Lawful powers, not unlawful force, that are ordained of God by His Preceptive will not meerly by His Providential disposal, and of consciencious subjection to Magistracy, not to Tyranny, describing & characterizing the powers there, by such qualifications as Tyrants & Usurpers are not capable of. But I mind to improve this Text more fully hereafter, to prove the quite contrary to what is here ob∣jected.

8. From the Right of Magistracy, flowes the Magistra∣tical Relation; which is necessary to have a bottom, before we can build the relative duties thereof. This brings it under the fifth Commandment, which is the Rule of all rela∣tive duties between Inferiours & Superiours, requiring ho∣nour to be given to Fathers, Masters, Husbands &c. and to rightful Magistrates, who are under such political rela∣tions, as do infer the same duties; and prohibiting not only the omission of these duties, but also the committing of

contrary sins; which may be done, not only by contrary acts, as dishonouring & rebelling against Fathers, Magistrats &c. but also by performing them to contrary objects, as by giving the Fathers due to the Fathers opposite, and the Magistrats due to Tyrants who are their opposites. Certainly this Command prescribing honour, doth regulate to whom it should be given; And must be understood in a consistency with that duty, and Character of one that hath a mind to be an inhabitant of the Lords holy Hill Psal. 15. 4. in whose eyes a vile person is contemned but he honoureth them that fear the Lord. So that we sin against the fifth Command, when we honour them that we are obliged to contemn by another Command. Hence I argue, If ouning or honouring of Tyrants be a breach of the fifth Command; then we cannot oune their Authority: But the former is true: Ergo the latter. I prove the Assumption. A honouring the vile to whom no honour is due, and who stand under no relation of Fathers as Fathers, is a breach of the fifth Command: But the ouning of Tyrants Authority is a honouring the vile to whom no honour is due, and who stand under no relation of Fathers, and is yet a honouring them as Fathers: Ergo the ouning of Tyrants Authority is a breach of the fifth Command. The Major is clear: for if the honouring of these to whom no honour is due, were not a breach of the fifth Command; that precept conld neither be kept at all, nor broken at all. It could not be kept at all: for, either it must oblige us to honour all indefinitely, as Fathers, and other relations, which cannot be: or else it must leave us still in suspence & ignorance, who shall be the object of our honour; and then it can never be kept: or finally it must astrict our honouring to such definite relations, to whom it is due; & then our transgression of that restriction, shall be a breach of it. Next if it were not so, it could not be broken at all: for if prostituting & abusing honour be not a sin, we cannot sin in the matter of honour at all; for if the abuse of honour be not a sin, then dishonour also is not a sin, for that is but an abuse of the duty, which is a sin as well as the omission of it. And what should make the taking away of honour from the proper object to be sin,

and the giving it to a wrong object to be no sin? Moreover if this Command do not restrict honour to the proper ob∣ject; we shall never know who is the object: how shall we know who is our Father, or what we owe to him, if we may give another his due? The Minor also is manifest: for if Tyrants be vile, then no honour is due to them, ac∣cording to that Psal. 15. 4. And yet it is a honouring them as Fathers if they be ouned as Magistrats; for Magistrats are in a politick sense Fathers: But certain it is that Tyrants are vile, as the Epithets & Characters they get in Scripture prove. But because, in contradiction to this, it may be said; though Fathers be never so wicked, yet they are to be honoured because they are still Fathers, And though Masters be never so vile and froward, yet they are to be subjected unto 1 Pet. 2. 18-20. and so of other relations, to whom honour is due by this Command, therefore though Tyrants be never so vile they are to be ouned under these relations, because they are the higher Powers in place of Eminency, to whom the Apostle Paul commands to yeeld subjection Rom. 13. and Peter to give submission & ho∣nour 1 Pet. 2. 13, 17. Therefore it must be considered, that as the relative duty of honouring the relations to whom it is due, must not interfere with the moral duty of contemning the vile, who are not under these relations; So this gene∣ral Moral of contemning the vile, must not ca••sate the obligation of relative duties, but must be understood with a Consistency therewith, without any prejudice to the duty it self. We must contemn all the vile that are not under a relation to be honoured, and these also that are in that rela∣tion in so far as they are vile. But now Tyrants do not come under these Relations at all that are to be honoured by this Command. As for the higher Powers that Paul speaks of Rom. 13. they are not those which are higher in fo••ce, but higher in Power, not in potentia but in potestate, not in a Celsitude of prevalency but in a precellency of dignity, not in the pomp & pride of their prosperity & possession of the place, but by the virtue & value of their office, being ordain∣ed of God not to be resisted, the Ministers of God for good, terrors to evil doers, to whom honour is due, those are

not Tyrants but Magistrats. Hence it is a word of the same root which is rendered Authority, or an Authorized Power 1 Tim. 2. 2. And from the same word also comes that su∣preme to whom Peter commands subjection & honour 1 Pet. 2. 13. Now these he speaks of have the Legal Constitution of the people, being the ordinance of man to be subjected to for the Lords sake. and who sends other inferior Magistrats for the punishment of evil doers, and for the praise of them that do well, who are to be honoured as Kings or Lawful Magistrats: this cannot be said of Tyrants. But more parti∣cularly, to evince that Tyrants & Usurpers are not to be honoured according to this Command, and that it is a breach of it so to do; let us go through all these Relations of Superiority that come under the obligation of this Command, and we shall find Tyrants & Usurpers ex∣cluded out of all. First, they cannot come under the Parental relation: We are indeed to esteem Kings as Fathers, though not properly but by way of some Analogy, because it is their office to care for the people, and to be their Counsellers, and to defend them, as Fathers do for Children: but Roaring Lyons & Ranging Bears, as wicked Rulers are, Prov. 28. 15. cannot be Fathers. But Kings cannot properly be ouned under this Relation, far less Tyrants (with whom the Analogy of Fathers cannot consist) there being so ma∣ny notable disparities betwixt Kings & Fathers. 1. A Fa∣ther may be a Father to one Child; but a King cannot be a King or Politick Father to one only, but his Correlate must be a Community; a Tyrant can be a Father to none at all in a Politick sense. 2. A Father is a Father by Gene∣ration to all coming out of his loyns; a King not so, he doth not beget them, nor doth their relation flow from that; a Tyrant is a destroyer not a Procreator of people. 3. A Father is the cause of the Natural being of his Children; A King only of the Politick well being of his subjects; but Tyrants are he cause of the ill being of both. 4. A Father once a Father, as long as his Children live, retains still the relation, thô he turn mad and never so wicked; A King turning mad may be served as Nebuchadnezzar was, at least

all will grant in some cases the subjects may shake off th•• King; and if in any case, it is when he turns Tyrant. 5. A Fathers relation never ceases, whither soeuer his Chil∣dren go; but subjects may change their relation to a King, by coming under another King in another Kingdom; a Ty∣rant will force all lovers of freedom to leave the Kingdom where he Domineers. 6. A Fathers relation never changes, he can neither change his children nor they change their Fa∣ther; but a King may naturalize new subjects, and subjects may also change their Soveraign, Royalists will grant a State or Common-wealth way make a King, and there is great reason sometimes that a Monarchy be turned into a Common-wealth; but a Tyrant changes those that are un∣der him, expells the natives, brings in forreigners, and all good Patriots do pant for a Change of him every day. 7. A Father hath no power of life & death over his Chil∣dren; a King hath it over his subjects according to Law; a Tyrant Usurps it over the innocent against Law. 8. A Father is not a Father by consent of his Childeren; as a King is by consent of his subjects; a Tyrant is neither a Father with it nor without it. 9. A Father is not made by the Children; as a King is by his subjects as was shewed; a Tyrant is neither a Natural, nor by compact, but a self created power. 10. A Father is not chosen conditionally upon compact, as a King is by the free suffrages of the Com∣munity; A Tyrant in this Differs from a King that he is not chosen, and in Tyranny from a Father. 11. Children wanting a Father cannot choose whom they will to be their Father; as subjects wanting a King may choose whom they will, and what form they please; but though they can, yet if they be rational, they will never choose a Ty∣rant, nor a Tyrannical form of Government. 12. Chil∣dren cannot restrict their Fathers power to what degrees they please; as subjects may limit their Kings, at their first erection; but a Tyrant though he ought yet he will not be limited, and if he might he should be restrained. 13. Children cannot set bounds how long they will have their Fathers to continue; Subjects may condescend upon the time, in making Laws how long such an one shall be their

Soveraign, ad vitam or ad culpam, according as the funda∣mental Law is made at first; Tyrants ought every day to be repressed, that they should not continue at all. Yet giving and not granting, that a King were to be ouned un∣der the relation of a Father; though every man be bound to oune & mantain his Fathers parental Authority, yet let the case be put, that the Father turns a Robber, murderer, an avowed enemy to God and the country, is his person & Authority in that case to be ouned, to the dishonour of God, and hurt & hazard of the country? or ought he not rather to be delivered up even by the Son to Justice? Much more then will it follow, that a King who turns the more dangerous because the more powerfull Robber, & Legal Murderer, and enemy to God & the country, cannot be ouned; seeing the relation betwixt Father & Son is strong∣er & stricter, as having another Original, than can be be∣twixt King & subjects, and stands unremoved as long as he is Father, though turning such they ought to contribute (in moral duty, to which their relative duty must cede) that he should no more be a Father, nor no more a living man, when dead by Law. Secondly, They cannot come under the herile or Masterly relation, though Analogically also sometimes they are stiled so, and subjects are called Servants, by reason of their subjection, and because it is the Office of Kings to command & subjects to obey, in this there is some Analogy. But Kings cannot properly be ouned under this relation, as Masters over either persons or goods of subjects, far less Tyrans, yea Kings assuming a Masterly power turn Tyrants. Now that the Magistra∣tical relation is not that of a Master, is clear from many dis∣parities & absurdities, whether we consider the state of hired Servants or Slaves. For hired Servants, the difference is vast betwixt them & subjects. 1. The hired Servant gets reward for his service, by compact; the subjects none, but rather gives the Royal reward of Tribute to the King for his service; the Tyrant exacts it to maintain his Tyran∣ny. 2. The hired Servant is maintained by his Master; the subjects maintain the King; the Tyrant Robbes it from them by force. 3. The hired Servant bargains only for a

time, and then may leave him; the subject cannot give up his Covenanted allegiance, at that rate and for these rea∣sons as the servant may his service; a Tyrant wil make nor keep no such bargain. 4. The hired Servant must have his Masters profit mainly before his eyes, and his oun only secundarly; but the Magistrates power is primarly ordi∣nated to the publick good of the Community▪ and only consequentially to the good of himself. 5. The Master hath a greater power over the hired Servant, to make & give out Lawes to him, which if they be Lawful he must obey; than the King hath over the Nation, to which he is not the sole Lawgiver, as is shewed. 6. The hired Serv∣ant his subjection is Mercenary & servile; but the subjects subjection is civil, free, voluntary, liberal, & ••oving to a Lawful King. Again for Slaves, the difference between them & subjects is great. 1. Slavery being against Nature, rational people would never choose that life if they could help it; but they gladly choose Government, & Gover∣nours. 2. Slavery would make their condition worse then when they had no Government, for Liberty is alwise preferable; Neither could people have acted rationally in seting up Government, if to be free of oppression of others they had given themselves up to slavery, under a Master who may do what he pleases with them. 3. All Slaves are either taken in war, or bought with money, or born in the house where their parents were slaves, as Abraham & Solomon had of that sort; But subjects are neither captives, nor bought, nor born slaves. 4. Slavery is not Natural, but a penal fruit of sin, and would never have been if sin had not been; But Government is not so, but Natural & necessary. 5. Slaves are not their Masters brethren; sub∣jects are the Kings brethren; over whom he must not lift up himself Deut. 17. 20. 6. Masters might purchase and sell their slaves, Abimelech took sheep & men servants & gave them unto Abraham Gen. 20. 14. Iacob had maid servants & men servants & Asses Gen. 30. 43. no otherwise than other goods, Solomon got to himself servants and maidens, & servants born in his house Eccles. 2. 7. a King cannot do so with his subjects. 7. Princes have not this power to make

the people slaves, neither from God, nor from the people: From God they have none, but to feed and to lead them 2 Sam. 5. 2. to rule them so as to feed them 1 Chron. 11. 2. Psal. 78. 71, 72. From the people they have no power to make slaves, they can give none such. 8. Slavery is a Curse: It was Canaans Curse to be a servant of servants Gen. 9. 25. but to have Magistrats is a promised blessing Ier. 17. 27. 9. To be free of Slavery is a blessing, as the re∣demption from Egypts bondage is every where called, and the year of redemption was a Iubile of joy, so the freedom of release every seven years a great priviledge Ier 34. 9. but to be free of Government is a judgment Isai. 3. 4, 5. its threatened, Israel shall abide without a King & without a Prince Hos. 3. 4. In the Next place they cannot be ouned as Masters or Proprietors over the goods of the subjects; th•• in the case of necessity, the King may make use of all goods in common, for the good of the Kingdom: For 1. The introduction of Kings cannot overturn natures foundation; by the Law of Nature property was given to man, Kings cannot rescind that. 2. A man had goods ere ever there was a King; a King was made only to preserve property, therefore he cannot take it away. 3. It cannot be sup∣posed that rational people would choose a King at all, if he had power to turn a greater Robber to preserve them from lesser Robberies & oppressions: would rational men give up themselves for a prey to one, that they might be safe from becoming a prey to others? 4. Then their case should be worse by erecting of Government, if the Prince were proprietor of their goods, for they had the property themselves before. 5. Then Government should not be a blessing but a curse, and the Magistrate could not be a Mi∣nister for good. 6. Kingdoms then should be among bona fortunae, the goods of fortune, which the King might sell & dispone as he pleased. 7. His place then should not be a function, but a possession. 8. People could not then, by their removes or otherwise, change their Soveraigns. 9. Then no man might dispose of his oun goods without the Kings consent, by buying or selling, or giving almes, nay nor pay tribute, for they cannot do these things except

they have of their oun. 10. This is the very Character of a Tyrant, as described 1 Sam. 8. 11. he will take your sons &c. Zeph. 3. 3. her Princes are roaring Lyons, her Iudges are evening Wolves. 11. All the threatenings & rebukes of op∣pression condemn this, Isai. 3. 14. 15. Ezek. 45. 9. Mic. 3. 2, 3. Ahab condemned, for taking Naboths vineyard. 12. Pharaoh had not all the Land of Egypt, till he bought it Gen. 42. 20. So the Land became Pharaohs not otherwise. Yet giving and not granting that he were really a Master in all these respects; Notwithstanding if he turn to pursue me for my life, because of my fidelity to my Master & his both, & will withdraw me from the service of the Supreme Uni∣versal Master, I may Lawfully withdraw my self from his, and disoune him for one, when I cannot serve two Masters. Sure he cannot be Master of the conscience. Third∣ly, They cannot come under the conjugal relation, though there may be some proportion between that and subjection to a Lawful Ruler, because of the Mutual Covenant trans∣acted betwixt them; but the Tyrant & Usurper cannot pretend to this, who refuse all Covenants. Yet hence it cannot be inferred, that because the wife may not put away her husband. Or renounce him, as he may do her in the case of Adultery, therefore the people cannot disoune the King in the case of the violation of the Royal Covenant. For the Kings power is not at all properly a husbands power. 1. The wife by nature is the weaker vessel; but the King∣dom is not weaker than the King. 2. The wife is given as an help to the man; but here the man is given as an help to the Common-wealth. 3. The wife cannot limit the husbands power; as subjects may limit their Soveraigns. 4. The wife cannot prescribe the time of her continuing under him; as subjects may do with their Soveraigns. 5. The wife cannot change her husband; as a Kingdom can do their Government 6. The husband hath not power of life & death; but the Soveraign hath it over Male∣factors. Yet giving and not granting, his power were properly Marital; if the case be put, that the man do habi∣tually break the Marriage Covenant, or take another wife, and turn also Cruel & intollerable in compelling his oun

wife to wickedness; and put the case also, that she should not get a Legal divorce procured, who can doubt but she might disoune him, and leave him? for this case is excep∣ted out of that Command 1 Cor. 7. 10. let not the wife depart from her husband, meaning for mere difference in Religion, or other lesser causes; but Adulterie doth annual the Mar∣riage relation, See Pool Synopsis Critic. in Locum. So when a Prince breaks the Royal Covenant and turns Tyrant, or without any Covenant committs a rape upon the Com∣mon-wealth, that pretended relation may & must be dis∣ouned. Hence we see, there is no relation can bring a King or Ruler under the object of the duty of the fifth Com∣mand, except it be that of a fiduciary Patron or Trustee and Publick Servant: for we cannot oune him properly either to be a Father, or a Master, or a husband. Therefore what can remain, but that he must be a fiduciary Servant? Wherefore if he shall either treacherously break his trust, or presumptously refuse to be entrusted, upon terms & conditions to secure & be accountable for (before God & man) Religion & Liberty, we cannot oune his usurped Authority. That Metaphore which the learned Buchanan uses, de Iure Regni, of a Publick & Politick Phisician, is not a relation different from this of a fiduciary Servant; when he elegantly represents him as entrusted with the pre∣servation & restauration of the health of the politick body, and endued with shill & experience of the Laws of his Craft. If then he be orderly called unto this charge, and qualified for it, and discharges his duty faithfully, he de∣serves, and we are obliged to give him the deference of an honoured Physician: But if he abuse his Calling and not observe the rules thereof, and in stead of curing go about wilfully to kill the body he is entrusted with, he is no more to be ouned for a Physician but for a Murderer.

9. If we inquire further into the nature of this Relation between a King (whose Authority is to be ouned) and his subjects; we can oune it only as it is Reciprocal in respect of Superiority & Inferiority, that is, whereby in some respects the King is Superior to the people, and in some respects the people is Superior to him. The King is Supe∣rior

& Supreme as he is called 1 Pet. 2. 13. in respect of for∣mal Soveraignty, and executive Authority, and Majestick Royal dignity, resulting from the peoples devolving upon him that Power, and constituting him in that relation over themselves, whereby he is higher in place & power than they, and in respect of his Charge & conduct is worth ten thousands of the people 2 Sam. 18. 3. and there is no formally regal Tribunal higher than his; And though he be Minor universis yet he is Major singulis, greater than any one, or all the people distributively taken; And though he be a Royal Vassal of the Kingdom, & Princely Servant of the people; yet he is not their deputy, because he is really their Soveraign, to whom they have made over their Power of governing & protecting themselves irrevocably, except in the case of Tyranny; and in acts of Justice, he is not countable to any, and does not depend on the people as a deputy. But on the other hand, the people is superior to the King, in respect of their fountain power of Soveraign∣ty, that remains radically & virtually in them, in that they make him their Royal Servant, and him rather than ano∣ther and limit him to the Laws for their oun good & ad∣vantage, and though they give to him a Politick Power for their oun safety; yet they keep a Natural Power which they cannot give away, but must resume it in case of Ty∣ranny; And though they cannot retract the power of Justice to govern righteously, yet it is not so irrevocably given away to him, but that when he abuseth his power to the destruction of his subjects, they may wrest a sword out of a mad mans hand, though it be his oun sword and he hath a just power to use it for good, but all fiduciary power abused may be repealed. They have not indeed Soveraignity or power of life & death formally; yet in respect they may con∣stitute a Magistrate with Laws, which if they violate they must be in hazard of their lives, they have this power emi∣nently & virtually. Hence in respect that the Kings Power is and can be only fiducial, by way of trust reposed upon him, he is not so superior to the people, but he may & ought to be accountable to them in case of Tyranny; which is evident from what is said, and now I intend to make it further ap∣pear.

But first I form the Argument thus; We can oune no King that is not accountable to the people: Ergo we cannot oune this King. To clear the Connexion of the antecedent & consequent, I adde; Either he is accountable to the people, or he is not: If he be accountible to all then he is renounci∣ble by a part, when the Collective body either wil not, or cannot exact an account from him, when the Community is defective as to their part, it is the interest of a part, that would but cannot do their duty, to give no account to such as they can get no account from for his Maleversations, This is all we crave: If he be not accountable, then we cannot oune him, because all Kings are accountable: for these reasons. 1. The Inferior is accountable to the Su∣perior: the King is inferior, the people superior: Ergo the King is accountable to the people. The proposition is plain; if the Kings superiority make the people accountable to him, in case of transgressing the Laws; then, why should not the peoples superiority make the King account∣able to them, in case of transgressing the Laws? especially seeing the King is inferior to the Laws: because the Law restrains him, and from the Law he hath that whereby he is King; the Law is inferior to the people, because they are as it were its parent, and way make or unmake it upon occasion: and seeing the Law is more powerful than the King, and the people more powerful than the Law, we may see before which we may call the King to answer in Judgment, Buchan Iure Regni apud Scot. That the King is inferior to the people is clear on many accounts: for these things which are institute for others sake, are inferior to those for whose sake they are required or sought; a horse is inferior to them that use him for victory; A King is only a mean for the peoples good; A Captain is less then the Army, a King is but a Captain over the Lords Inheritance 1 Sam. 10. 1. He is but the Minister of God for their good Rom. 13. 4. Those who are before the King, and may be a people without him, must be superior to him who is a posteriour and cannot be a King without them: let the King be considered either Materially as a Mortal man, he is then but a part inferior to the whole; or formally under

the reduplication as a King, he is no more but a Royal Servant, obliged to spend his life for the people, to save them out of the hand of their enemies 2 Sam. 19▪ 9. A part is inferior to the whole, the King is but a part of the Kingdom: A Gift is inferior to them to whom it is given, a King is but a gift given of God for the peoples good: That which is Mortal & but accidental, is inferior to that which is eternal & cannot perish Politically; a King is but mortal, and it is but accidental to Government that there be a suc∣cession of Kings; but the people is eternal, one generation passeth away & another generation cometh Eccles. 1. 4. especially the people of God, the portion of the Lords inheritance, is superior to any King, and their ruine of greater moment than all the Kings of the world; for if the Lord for their sake smite great Kings, & slay famous Kings, as Sihon & Og Psal. 137. 17-20. if he give kings & famous kingdoms for their ransome Isai. 43. 3, 4. then His people must be so much superior than kings, by how much His Justice is active to destroy the one, and His Mercy to save the other. All this proves the people to be superior in dignity, And there∣fore even in that respect its frivolous to say, the king can∣not be accountable to them, because so much superior in Glory & Pomp; for they are superior every way in excel∣lency; And though it were not so, yet Judges may be in∣ferior in rank considered as men, but they are superior in Law over the greatest as they are Judges, to whom far greater than they are accountable. The low & mean condi∣tion of them to whom belongs the power of Judgment does not diminish its dignity: when the king then is Judged by the people, the Judgment is of as great dignity as if it were done by a superior king; for the Judgment is the sentence of the Law, 2. They are superior in power: because every constituent cause is superior to the effect, the people is the constituent cause, the king is the effect, and hath all his Royaltie from them, by the Conveyance God hath appointed; so that they need not fe••ch it from Heaven, God gives it by the people, by whom also his power is limited and, it need be, diminished from what they gave his Ancestors: Hence, if the people constitute

& limit the power they give the King, then they may call him to an account, and judge him for the abuse of it: But the first is true as is proven above: Ergo—The Major is undenyable, for sure, they may judge their oun Creature, and call him to an account for the power they gave him, when he abuses it, though there be no Tribunal formally Regal above him, yet in the case of Tyranny and violating his Trust there is a Tribunal virtual eminently above him, in them that made him & reposed that Trust upon him, as is said. 3. The fountain power is superior to the power derived: The people, though they constitute a King above them, yet retain the fountain power, he only hath the de∣rived power: Certainly the people must retain more power eminently, than they could give to the King, for they gave it, and he receives it, with limitations, if he turn mad or uncapable they may put Curators & Tutors over him; if he be taken captive, they may appoint another to exercise the power, if he die then they may constitute ano∣ther, with more or less power; So then if they give a way all their power, as a slave selleth his Liberty, and retain no fountain power or radical right, they could not make use of it to produce any of these acts: They set a King above them only with an executive power for their good, but the radical power remains in the people, as in an immor∣tal spring, which they communicate by succession to this or that Mortal man, in the manner & measure they think expedient; for otherwise if they gave all their power away, what shall they reserve to make a new King, if this man die? What if the Royal line surcease, there be no Prophets now sent to make Kings: And if they have power in these cases, why not in the case of Tyranny? 4. If the King be accountable by Law, for any act of Tyranny done against one man, then much more is he accountable for many against the whole state: But the former is true; a private man may go to Law before the ordinary Judges for wrong∣ing his inheritance, and the King is made accountable for the wrong done by him. Now shall the Laws be like Spiders webs, which hold flies, but let bigger beasts pass through? Shall Sentence be past for petty wrongs against a man, and

none for Tyrannizing over Religion, Laws, & Liberties of the Kingdom? Shall none be past against parricide or fratricide, for killing his Brother, Murdering the Nobles, and burning Cities? Shall pettie Thieves be hanged for stealing a Sheep, and does the Laws of God or man give impunity, for robbing a whole Country of the nearest & dearest Interests they have to Crowned heads for the fancied Character of Royalty, which thereby is forfeited? 5. If there be Judges appointed of God independently, to give out & execute the Judgment of the Lord on all offenders, without exception of the highest; then the King also must be subject to that Judgment: But there are Judges appoint∣ed of God independently, to give out & execute the Judg∣ment of the Lord on all offenders, without exception of the highest. Two things must be here proved; first, that in giving Judgment they do not depend on the King, but are the immediate vicars of God: Secondly that the King is not excepted from, but subject to, their Judgment, in case he be Criminal. First they cannot depend upon the King, because they are more necessary then the King; and it is not left to the Kings pleasure whether there be Judges or not. There may be Judges without a King, but there can be no King without Judges, nor no Justice but Con∣fusion; no man can bear the peoples burden alone Numb. 11. 14, 17, If they depended on the King, their Power would die with the King; the streams must dry up with the fountain: but that cannot be, for they are not Ministri regis but regni, they are not Ministers of the King but of the Kingdom, whose honour & promotion, though by the Kings external call, yet comes from God, as all honour & promotion does Psal. 75. 7, The King cannot make Judges whom he will by his absolute Power, he must be tied to that Law Deut. 1. 13. To take wise men & understan∣ding & known: Neither can he make them dura ite bene∣placito: for if these qualifications remain, there is no allow∣ance given for their removal. They are Gods & the Children of the Mos•• High, appointed to defend the poor & fatherless, as well as he, Psal. 82. 3, 6. They are ordained of God for the punishment of evil doers, in which they must not be re∣sisted,

as well as he Rom. 13. 1, 2. by me (saith the Lord) rule ... all the Iudges of the earth Prov. 8. 16. To them we must be subject for Conscience sake, as being the Ministers of God for good; they must be obeyed for the Lords sake, as well as the King; though they are sent of him, yet they Judge not for man but for the Lord 2 Chron. 19. 6. hence they sit in his room, and are to act as if he were on the bench: the King cannot say, the Judgment is mine, because it is the Lords: neither can he limit their sentance (as he might, if they were nothing but his deputies) because the Judgment is not his: nor are their Consciences subordinate to him, but to the Lord immediatly; otherwise if they were his deputies, depending on him; then they could neither be admonished, nor condemned for unjust Judgment, because their sentence should neither be righteous nor unrighteous, but as the King makes it; And all directions to them were capable of this exception, do not so or so except the King command yow, crush not the poor, oppress not the fatherless, except the King command yow: yea then they could not execute any Judgment, but with the Kings Licence, and so could not be rebuked for their not execu∣ting Judgment. Now all this is contrary to Scripture, which makes the sentence of the Judges undeclinable when just Deut. 17. 11. the Lords indignation is kindled, when He looks for Iudgment & behold oppression, for righ∣teousness & behold a Cry Isai. 5. 7. neither will it excuse the Judges to say, the king would have it so; for even they that are subservient, to write grievousness, to turn aside the needy from Iudgment &c. are under the wo, as well as they that prescribe it Isai. 10. 1, 2. The Lord is displeased when Iudgment is turned away back ward, and Justice stands a far of—and when there is no Iudgment, what ever be the Cause of it Isai. 59. 14, 15. The Lord threatens He will be avenged on the Nation, when a man is not found to execute Iudgment Ier. 5. 1, 9. And promises if they will execute Judgment & righteousness, and deliver the spoiled out of the hand of the oppressor, He will give them righ∣teous Magistrats Ier. 22. 3, 4. but if they do not, He will send desolation ibid. He rebukes those that turn Judgment

to wormwood and leave of righteousness in the earth Amos. 5. 7. He resents it when the Law is slacked and Judgment doth not go forth freely without overawing or overruling restraint Habb. 1. 4. Can these Scriptures consist with the Judges dependence on the kings pleasure, in the exercise & execution of their Power? Therefore if they would avoid the Lords displeasure, they are to give Judg∣ment, though the King should countermand it. Secondly, that the King is not excepted from their Judgment, is also evident from the General Commands Gen. 9. 6. whoso sheddeth mans blood ••y man shall his blood be shed: there is no exception of Kings or Dukes here, and we must not distin∣guish where the Law distinguisheth not. Numb. 35. 30, 31. 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 which is guilty of death, but he shall be surely put to death. What should hinder then Justice to be awarded upon a Murdering King? Shall it be for want of witnesses? It will be easy to adduce thousands: Or shall this be satis∣faction for his life, that he is a Crowned King? the Law saith there shall no satisfaction be taken. The Lord speak∣eth to under Judges Levit. 19. 15. Ye shall do no unrighteous∣ness in judgment, thow shalt not respect the person of the poor, nor honour the person of the Mighty. If Kings be not among the Mighty, how shall they be classed? Deut. 1. 17. Ye shall not respect persons in judgment, but yow shall hear the small as well as the great, yow shall not be afraid of the face of man, for the judgment is Gods: if then no mans face can outdare the Law & Judgment of God, then the Kings Majestick face must not do it, but as to the demerit of blood he must be subject as well as another. Its no Argument to say, the Sanhedrin did not punish David for his Murther & Adulterie. Ergo now it is not Lawful to punish a King for the same: a reason a non facto is not relevant. David did not punish Ioab for his Murder, but Authorized it, as also he did Bathsheba's Adul∣terie; will that prove that Murders connived at, or com∣manded by the King, shall not be punished? or that Whores of State are not to be called to an account? Neither will it prove that a Murdering king should not be punished, that

David was not punished: because he got both the sin par∣doned, and his life granted from the Lord, saying to him, by the mouth of the Prophet Nathan, Thow shalt not die: But as for the demerit of that fact, he himself pronounced the sentence out of his oun mouth 2 Sam. 12. 15. As the Lord liveth, the man that hath done this thing shall surely die.

So every king condemned by the Law, is condemned by his oun mouth; for the Law is the voice of the king: why then do we so much weary our selves concerning a Judge? seeing we have the kings oun Confession, that is the Law. Buchanan. de jure regni.

And there needs be no other difficultie, to find a Tribunal for a Murdering king, than to find one for a Murderer; for a Judgment must ac∣knowledge but one name, to wit of the Crime; if a king then be guilty of Murder, he hath no more the name of a king but of a Murderer, when brought to Judgment; for he is not Judged for his kingship, but for his Murther; as when a Gentleman is Judged for Robbery, he is not hanged, neither is he spared, because he is a Gentleman, but be∣cause he is a Robber. See Buchanan. ubi supra. 6. If the Peoples Representatives be superior to the king in Judg∣ment, and may execute Judgment without him, and against his will, then they may also seek account of him, for if he hath no Power but from them, and no Power without them to act as king (no more than the eye or hand hath Power to act without the body) then his Power must be inferior, fiduciary, & accountable to them: But the former is true, The Peoples Representatives are superior to the king in Judgment, and may execute Judgment without him, and against his will. In Scripture we find the Power of the Elders and heads of the People was very great, and in many cases superior to the king: which the Learned Dr Owen demonstrates in his Preliminary Exerci∣tations on the Epist. to the Heb. and proves out of the Rabbins, that the kings of the Iewes might have been called to an account, & punished for transgressing of the Law. But in the Scripture we find. (1) They had a Power of Judgment with the Supreme Magistrate, in matters of Religion, Justice & Government. Hamor & Shechem would not make

a Covenant with Iacobs Sons, without the consent of the men of the Citie Gen. 34. 20. David behoved to consult with the Captains of thousands, & every Leader, if it seemed good to them to bring again the Ark of God. 1. Chron. 13. 1, 2, 3. So also Solomon could not do it without them 1 King. 8. 1. Ahab could not make peace with Ben∣hadad against the consent of the People 1 King. 20. 8. The men of Ephraim complain that Iephthah▪ the Supreme Ma∣gistrate, had gone to War against the Children of Ammon without them, and threatened to burn his house with fire, which he only excuses by the Law of necessity Iudg. 12. 1, 2, 3. The Seventy Elders are appointed by God, not to be the Advisers only & helpers of Moses, but to bear a part of the burden of ruling & governing the People, that Moses might be eased Numb. 11. 14, 17. Moses upon his sole plea∣sure had not power to restrain them, in the exercise of Judgment given of God. They were not the Magistrats depending deputies, but in the act of Judging they were independent, and their Consciences as immediatly sub∣jected to God as the Superior Magistrate, who was to adde his approbative suffrage to their actings, but not his directive nor imperative suffrage of absolute pleasure, but only according to the Law; he might command them to do their duty, but he could do nothing without them. (2) They had Power, not derived from the Prince at all, even a Power of life & death. The rebellious Son was to be brought to the Elders of the Citie, who had Power to stone him Deut. 21. 18, 24. They had Power to punish Adul∣terie with death Deut. 22. 21. They had Power to cognosce, whom to admit into and whom to seclude from the Cities of refuge: So that if the King had commanded to take the life of an innocent man, they were not to deliver him Iosh. 20. per tot. But besides the Elders of Cities, there were the Elders and heads of the People, who had judicial Power to cognosce on all Criminal Matters, even when Ioshua was Judge in Israel we find they assumed this Power, to judge of that matter of the two tribes & the half Iosh. 22. 30. And they had Power to make Kings, as Saul & David, as was shewed: and it must needs follow, they had Power

to unmake them in case of Tyranny. (3) They had Power to conveen, even without the indiction of the Ruler, as in that Iosh. 22. they convene without him: and without advice or knowledge of Samuel, the Ruler, they conveen to ask a King 1 Sam. 8. And without any head or superior, they convene & make David King, notwithstanding of Isbosheths hereditary right. Without & against Tyrannous Athaliah her consent, they convene & make Ioash King, and cared not for her Treason, Treason 2 King. 11. But now the king alone challenges the Prerogative-power of calling & dessolving Parliaments as he pleases, and condemns all meetings of Estates without his warrant, which is purely Tyrannical: for in cases of necessity, by the very Law of nature, they may & must convene. The Power is given to the king only by a positive Law, for orders sake; but other∣wise, they have an intrinsical Power to assemble them∣selves. All the forecited Commands, Admonitions, & Certifications, to execute Iudgement, must necessarly in∣volve & imply & Power to convene, without which they could not be in a Capacity for it: Not only unjust Judge∣ment, but no I••dgement, in a time when Truth is fallen in the streets & equity cannot enter, is charged as the sin of the State; therefore they must convene to prevent this sin, and the wrath of God for it: God hath committed the keep∣ing of the Common-wealth, not to the king only, but also to the peoples Representatives & heads. And if the king have Power to break up all Conventions of this nature, then he hath Power to hinder Judgement to proceed, which the Lord Commands: And this would be an excuse, when God threatens vengeance for it, we could not execute Iudge∣ment, because ehe King forbad us. Yet many of these foremen∣tioned reproofs, threatenings, & certifications were given, in the time of Tyrannous & Idolatrous kings, who no doubt would inhibite & discharge the doing of their duty; yet we see, that was no excuse, but the Lord denounces wrath for the omission. (4) They had Power to execute Judgement, against the will of the Prince. Samuel killed Agag against Sauls will, but according to the Command of God 1 Sam. 15. 32. Against Ahabs will & mind Elijah caused kill the

Priests of Baal, according to Gods express Law 1 King. 18. 40. It is true it was extraordinary, but no otherwise than it is this day, when there is no Magistrate that will execute the Judgment of the Lord; then they who have Power to make the Magistrate may & ought to execute it, when wicked men make the Law of God of none effect. So the Princes of Iudah had power, against the kings will, to put Ieremiah to death, which the king supposes, when he di∣rects him what to say to them Ier. 38. 25. They had really such a Power, though in Ieremiahs case it would have been wickedly perverted, See Lex Rex Q. 19. 20. (5) They had a power to execute Judgement upon the king himself: as in the case of Amaziah & Uzziah, as shall be cleared after∣wards. I conclude with repeating the Argument: If the king be accountable, whensoever this Account shall be taken, we are confident our disouning him for the present will be justified, and all will be obliged to imitate it: If he be not, then we cannot oune his Authority, that so pre∣sumptously exalts himself above the People.

10. If we will further consider the nature of Magistracy; it will appear what Authority can conscienciously be oun∣ed, to wit, that which is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Potestas, not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Potentia; Authorized Power, not Might or force; Moral Power, not merely Natural. There is a great difference betwixt these two: Natural Power is common to brutes, Moral Power is peculiar to men; Narural Power is more in the Subjects, because they have more strength & force; Moral Power is in the Magistrate, they can never meet adequately in the same subject; Natural power can, Moral only may warrantably exercise rule; Natural power is op∣posed to impotency & weakness, Moral to illicitness or unlawfulness; Natural power consists in strength, Moral in righteousness; Natural power may be in a Reut of Rogues making an uproar, Moral only in the Rulers; they cannot be distinguished by their acts, but by the Prin∣ciple from which the acts proceed; in the one from meer force, in the other from Authority. The Principle of Na∣tural power is its oun might & will, and the end only self; Moral hath its rise from positive Constitution, and its end

publick safety. The strength of Natural power lies in the Sword, whereby its might gives Law; the strength of Mo∣ral power is in its Word, whereby reason gives Law, unto which the Sword is added for punishment of Contraveners: Natural power takes the Sword Math. 26. 52. Moral bears the Sword Rom. 13. 4. In Natural power the Sword is the Cause; in Moral it is only the Consequent of Authority: In Natural power the Sword legitimates the Scepter; in Moral the Scepter legitimates the Sword: The Sword of the Natural is only backed with Metal, the Sword of the Moral power is backed with Gods warrant: Natural power involves men in passive subjection, as a traveller is made to yeeld to a Robber; Moral power reduces to Con∣sciencious subordination. Hence the power that is only Natural not Moral, Potentia not Potestas, cannot be ouned: But the power of Tyrants & Usurpers is only Natural not Moral, Potentia not Potestas: Ergo it cannot be ouned. The Major cannot be denied; for it is only the Moral Power that is ordained of God, unto which we must be subject for Conscience sake. The Minor also; for the Power of Tyrants is not Moral, because not Authorized nor war∣ranted nor ordained of God by His preceptive Ordinance, and therefore no Lawful Magistratical Power. For the clearer understanding of this let it be observed, there are four things required to the making of a Moral or Lawful Power; the matter of it must be Lawful, the Person Lawful, the Title Lawful, and the Use Lawful. 1. The matter of it, about which it is exerted, or the work to be done by it, must be Lawful & warranted by God; and if it be unlawful, it destroyes its Moral being. As the Popes power in dispens∣ing with Divine Laws, is null & no Moral Power: And so also the Kings power, in dispensing with both Divine & humane Laws is null. Hence, that power which is in regard of matter unlawful, and never warranted by God, cannot be ouned: But absolute power, which is the power of Tyrants & Usurpers (& particularly of this of ours) is in regard of matter unlawful & never warranted by God: Ergo—2. The Person holding the power must be such as not only is capable of but competent to the tenure of it,

and to whom the holding of it is allowed; and if it be prohi∣bited, it evacuates the Morality of the power. Korah & his Company arrogated to themselves the Office of the Priest∣hood, this power was prohibited to them, their power then was a nullity. As therefore a person that should not be a Minister, when he usurps that office is no Minister: So a person that should not be a Magistrate, when he usurps that Office, is no Magistrate. Hence, a person that is in∣capable & incompetent for Government, cannot be ouned for a Governour: But the D. of Y. is such a person, not on∣ly not qualified as the Word of God requires a Magistrate to be, but by the Laws of the Land declared incapable of Rule because he is a Papist, a Murderer, an Adulterer &c. 3. There must be in Moral Power, a Lawful Title & In∣vesture, as is shewed above; which if it be wanting, the Power is null, and the person but a Scenical King, like Iohn. of Leyden. This is essentially necessary to the being of a Magistrate; which only properly distinguishes him from a private man: for when a person becomes a Magistrate, what is the change that is wrought in him? what new habit or endewment is produced in him? he hath no more na∣tural power than he had before, only now he hath the Moral Power, right, & Authority to Rule, Legally im∣powering him to Govern. Let it be Considered, what makes a subordinate Magistrate, whom we may oune as such: It must be only his Commission from a Superior Power, otherwise we reject him: If one come to us of his oun head, taking upon him the style & office of a Bailif, Sheriff, or Judge, and command our Persons, demand our purses, or exact our Oaths; we think we may deny him, not taking our selves to owe him any subjection, not ouning any bond of conscience to him; why? because he hath no lawful Commission. Now if we require this qualification in the subordinate, why not in the Supreme? Hence, that Magistrate that cannot produce his Legal In∣vesture, cannot be ouned: But the D. of Y. cannot pro∣duce his Legal Investure, his admission to the Crown upon Oath & Compact, and with the consent of the subjects, according to the Laws of the Land, as is shewed above:

Ergo—4. There must also be the Lawful Use of the Power; which must be not only legal for its composure, but right for its practice; its Course & Process in Govern∣ment must be just, Governing according to Law, other∣wise it is meer Tyranny: for what is Government, but the subjecting of the Community to the rule of Gover∣nours, for Peace & Orders sake, and the security of all their precious Interests? and for what end was it ordained, and continued among men, but that the stronger may not domineer over the weaker? And what is Anarchy, but the playing the Rex of the Natural power over the Moral? Hence, that Power which is contrary to Law, evil & Tyrannical, can tye none to subjection: But the power of the King, abused to the destruction of Laws, Religion & Liberties, giving his power & strength unto the beast, & making war with the Lamb Revel. 17. 13, 14. is a power contrary to Law, evil & Tyrannical: Ergo it can tye none to subjection: wickedness by no imaginable reason can oblige any man. It is Objected by some from Rom. 13. 1. There is no power but of God: The Usurping power is a power: Therefore it is of God, and conse∣quently we owe subjection to it Ans. 1. The Original reading is not Universal, but thus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 for there is no power if not from God: which confirms what I plead for, that we are not to oune any Authority, if it be not Authorized by God. The words are only re∣lative to higher powers, in a restricted sense, and at most are but indefinite, to be determined according to the matter; not all power simply, but all Lawful power. 2. It is a fallacia a dicto secundum quid: There is no power but of God, that is no Moral Power, as Universal negatives use to be un∣derstood, Heb. 5. 4. no man taketh this honour unto himself, but he that is called of God; which is clear, must not be understood for the negation of the fact, as if no man at all doth or ever did take unto himself that honour, for Korah did it &c. but, no man taketh it warrantably, with a Moral right and Gods allowance, without Gods call: So also the universal impe∣rative, in that same Text, must not be taken absolutely without restriction; for if every soul without exception

were to be subject, there could be none left to be the higher powers; but it is understood with restriction to the relation of a subject. So here no Power but of God, to be understood with restriction to the relation of a Lawful Magistrate. It it also to be understood indiscriminately, in reference to the diverse species, sorts, & degrees of Lawful Power, Su∣preme & subordinate, whether to the King as Supreme, or to Governours &c. as Peter expresses it: Or whether they be Christian or Pagan: It cannot be meant of all universally, that may pretend to power, and may attain to prevailing Potency; for then by this Text, we must subject our selves to the Papacy now intended to be introduced; and indeed if we subject our selves to this Papist, the next thing he will require will be that. 3. To the Minor proposition, I Answer. The usurping power is a power: It is Potentia, I grant; that it is Potestas, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or Authority, I deny. Therefore it is of God, by His Providence, I concede; by His Ordinance; I deny. Consequently we owe subjection to it, I deny. We may be subject passively, I grant; Actively, out of conscience I deny. But some will Object. 2. Though the Power be Usurped, and so not Morally Lawful, in all these respects; yet it may do good, its Laws & administra∣tions may be good. Ans. I grant, all is good that ends well and hath a good begining. That cannot be good which hath a bad principle, bonum ex integra causa. Some Govern∣ment for constitution good, may in some acts be bad; but a Government for constitution bad, cannot for the acts it puts forth be good. These good acts may be good for mat∣ter, but formally they are not good, as done by the Usurp∣er: They may be comparatively good, that is better so then worse; but they cannot be absolutely, and in a Moral sense good: for to make a Politick action good, not only the matter must be warrantable, but the Call also. It may indeed induce subjects to bear & improve to the best, what cannot be remedied; but cannot oblige to oune a Magistra∣tical Relation.

II. The Nature of the power thus discovered, lets us see the Nature of that relative duty, which we owe & must oune as due to Magistrates, and what sort of ouning we

must give them; which to inquire a litle into, will give light to the question. All the duty & deference the Lord requires of us, towards them whom we must oune as Ma∣gistrates, is comprehended in these two expressions, honour required in the fifth Command, and subjection required in Rom. 13. 1. &c. 1 Pet. 2. 13. &c. Whomsoever then we oune as Magistrates, we must oune honour & subjection as due to them: And if so be we cannot upon a consciencious ground give them honour & subjection, we cannot oune them as Magistrates. The least deference we can pay to Magistrates is subjection, as it is required in these words; Let every soul be subject to the higher Powers, and submit your selves to every Ordinance of man for the Lords sake. But this cannot be given to Tyrants & Usurpers: Ergo no deference can be paid to them at all, and consequently they cannot be ouned. That this subjection, which is required to the higher Powers, cannot be ouned to Tyrants, will be ap∣parent, if we consider. 1. The Subjection required is or∣derly subjection to an orderly power, that we be regularly under him that is regularly above: But Usurpation & Tyranny is not an Orderly Power, orderly placed above us: There∣fore we cannot be ordely under it. This is gathered from the Original Language, where the powers to be subjected to are 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, ordained of God, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the Or∣dinance of God, and he that resisteth the Power is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Counter-ordered, or contrary to his orderly duty: So the duty is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 be subject. They are all words coming from one root, which signifies to Order: So that subjection is to be placed in order under another relative to an Orderly Superiority: But to occupy the seat of dignity unauthorized, is an Ataxie, a breaking of order, and bringing the Common-wealth quite out of order. Whereby it may appear, that in relation to an Arbitrary Government, there can be properly no 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, no orderly subjection. 2. The thing it self must import that relative duty which the fifth Command requires; not only a passive stooping en∣durance, or a ••eigned Counterfeit submission, but a real Active duty including obedience to Lawful Commands;

and not only so, but support & maintinance; and that both to the acts of his administration, and to his standing & keep∣ing his station, assisting him with all our abilities, both humane & Christian; And not only as to the external acts of duties, but the inward motions of the heart, as consent, Love, Reverence, & Honour, and all sincere fealty & Allegiance. But can a subjection of this extent, be payed to a Tyrant or Usurper? Can we support those we are bound to suppress? Shall we love the ungodly, and help those that hate the Lord? Can we consent, that we & our posterity should be slaves? Can we honour them who are vile, and the vilest of men, how high soever they be exalt∣ed? 3. The ground of this subjection is for conscience sake, not for wrath, that is, so far & so long as one is constrain∣ed by fear, & to avoid a greater evil, to stoop to him, but out of conscience of duty, both that of Piety to God who ordained Magistracy, and that of equity to him who is His Minister for good, and under pain of damnation if we break this orderly subjection Rom. 13. 2, 5. But can it be ima∣gined that all this is due to a Tyrant & Usurper? Can it be out of conscience, because he is the Lords Minister for good? the contrary is clear, that he is the Devils drudge serving his Interest; Is resistance to Tyrants a damnable sin? I hope to prove it to be a duty. 4. If subjection to Ty∣rants & Usurpers will inveigle us in their snares, and in∣volve us in their sin & judgment, then it is not to be ouned to them: But the former is true: Therefore the Latter. In the foregoing head I drew an Argument, for withdrawing from & disouning the Prelatick Ministers, from the hazard of partaking in their sin, and of being obnoxious to their judgment, because people are often punished for their Pastors sins; Aaron & his sons polluting themselves, would have brought wrath upon all the people, L••v. 10. 6. because the Teachers had transgressed against the Lord, therefore was Iacob given to the Curse & Israel to reproaches Isai▪ 43. 27, 28. and all these Miseries Lamented by the Church were inflicted for the sins of her Prophets and the iniquites of her Priests, Lam. 4. 13. the reason was, because they ouned them, followed them, countenanced them, complyed

with them, or connived at them, or did not hinder or else disoune them. The same Argument will evince, the ne∣cessity of withdrawing our subjection from & disouning Usurping & Tyrannical Rulers, when we cannot hinder their wickedness, nor give any other Testimony against them, to avert the wrath of the Lord. If the defections of Ministers will bring on the whole Nation desolating judgments; then much more have we reason to fear it, when both Magistrates & Ministers are involved in, and jointly carrying on, and carressing & encouraging each other in promoting, a woful Apostasie from God: when the heads of the house of Iacob, & Princes of the house of Israeel, abhor judgement & pervert all equity, the heads Judge for reward, and the Priests teach for hire, and the Prophets divine for money, and yet lean upon the Lord and say, Is not the Lord among us? none evil can come upon us: Then we can expect nothing but that Zion for their sake shall be plowed as a field & Ierusalem become heaps and the Mountain of the house as the high places of the forest, Mich. 3. 9, 11, 12. Certain it is that subjects have smarted sore for the sins of their Rulers: for Sauls sin in breaking Covenant with the Gibeonites, the Land suffered three years famine 2 Sam. 21. 1. and the wrath of the Lord could not be appeas∣ed, till seven of his sons were hanged up unto the Lord. What then shall appease the wrath of God, for the unp••∣ralelled breach of Covenant with God in our day? For Davids sin of numbering the people, 70000 men died by the Pestilence. 2 Sam. 24. 5. For Ieroboams sin of Idola∣try, who made Israel to sin, the Lord threatens to give Israel up because of the sins of Ieroboam 1 King. 14. 16. only they escaped this Judgment, who withdrew themselves and fell into Iudah. For Ahabs sin of letting go a man whom the Lord had appointed to utter destruction, the Lord threat∣ens him, thy life shall go for his life, and thy people for his people 1 King. 20. 42. Because Manasseh King of Iudah did many abominations, therefore the Lord threatened to bring such evil upon Ierusalem & Iudah that whosoever heard it his ears should tingle &c. 2 King. 21. 11, 12. and not withstand∣ing of his repentance, and the Reformation in the dayes

of Iosiah, notwithstanding the Lord turned not from the fierceness of His great wrath, wherewith His an∣ger was kindled against Iudah, because of all the provo∣cations that Manasseh had provoked Him withall 2 King. 23. 26. which was accomplished by the hands of the Chal∣deans, in Iehojakims time. Surely at the Commandment of the Lord came this upon Iudah, to remove them out of His sight, for the sins of Manasseh according to all that he did, and also for the innocent blood which he shed ... which the Lord would not pardon 2 King. 24. 3, 4. And Iere∣miah further threatens, that they should be removed into all Kingdoms of the earth, because of Manasseh for that which he did in Ierusalem Ier. 15. 4. Certainly these passages were recorded for our Learning Rom. 15. 4. and for our examples, to the intent we should not do as they did 1 Cor. 10. 6. and for our admonition vers. 11. Whence we may be admonished, that it is not enough to keep our selves free of publick sins of Rulers; Many of those then punished, were free of all actual accession to them; but they became accessory to and involved in the guilt of them, when they did not endeavour to hinder them, and bring them to condign punishment for them, according to the Law of God which respecteth not persons; or at least, because they did not revolt from them, as Libnah did: There might be other provocations on the peoples part, no doubt, which the Lord did also punish by these Judgments; ••ut when the Lord specifies the sin of Rulers, as the particular pro∣curing Cause of the Judgment, it were presumption to make it the Occasion only of the Lords punishing them: for plain it is, if these sins of Rulers had not been committed, which was the ground of the threatening & execution, the Judgment would have been prevented; And if people had bestirred themselves as became them, in repressing & re∣straining such wickedness, they had not so smarted; And when that sin so threatened & punished was removed, then the Judgment it self was removed or deferred. It is just & necessary, that the subjects being Jointly included with their Rulers in the same bond of fidelity to God, be lyable to be punished for their Rebellion & Apostasie, when they

continue under the bond of subjection to them. But how deplorable were our Condition, if we shold stand ob∣noxions to divine Judgments, for the Atheisme, Idola∣try, Murders, & Adulteries of our Rulers, and yet be neither Authorized nor Capacitated to hinder it, nor per∣mitted to withdraw our selves from subjection to them? But it is not so; for, the Lords making us responsable for their debt, is an impowering us either to repress their wickedness when He gives us Capacity, or at least to save our selves harmless from their Crimes, by disouning them; that being the only way of standing no longer accountable for their faults.

12. It remains to Consider the Ends, for which Govern∣ment was institute by God, and constitute by men: from whence I Argue, That Government that destroyes the Ends of Government, is not to be ouned: But Tyranny, and especially this under which we houl, destroyes all the Ends of Government: Ergo it is not to be ouned. The Minor I prove thus. That Government that destroyes Re∣ligion & Safety, destroyes all the Ends of Government: But this Popish & arbitrary Absolute power, destroyes Re∣ligion & Safety: Ergo—It is evident both from the Laws of Nature & Revelation, that the Ends of Government are the Glory of God, & the good of Mankind. The first is the Glory of God, the ultimate end of all Ordinances; to which whatever is opposite, is not to be ouned by them that fear Him: whatever power then is destructive to Religion, and is applyed & imployed against the Glory of the Uuniversal King, and for withdrawing us from our fealtie & obedien∣ce to Him, is nothing but Rebellion against the Supreme Lord & Lawgiver, and a Traiterous Conspiracy against the Almighty; and therefore not to be ouned: And they are enemies to Religion, or strangers to it, who are not sensible this hath been the design of the present Govern∣ment, at least these 27 years, to overturn the Reformed Covenanted Religion, and to introduce Popery. Hence, seeing a King at his best & highest elevation is only a mean for preserving Religion, and for this end only chosen of the people to be Custos utriusque tabulae, keeper of both Tables

of the Law, he is not to be regarded but wholly laid aside, when he not only moves without his sphere, but his mo∣tion infers the ruine of the ends of his erection, and when he imployes all his power for the destruction of the Cause of Christ, and advancement of Antichrists, giving his power to the beast; he is so far from deserving the deference of the power ordained of God, that he is to be looked upon & treated as a Traitor to God, and Stated enemy to Religion & all Righteousness, The Second End of Government is the good of the people, which is the Supreme & Cardinal Law; Salus Populi est Suprema Lex. Which cannot be denied, if it be considered. 1. For this only the Magistrate is appointed of God to be His Minister, for the peoples good Rom. 13. 4. and they have no goodness but as they conduce to this end; for all the power they have of God is with this Proviso, to promote His peoples prosperity. (It were blasphemy to say, they are His Authorized Ministers for their destruction) to which if their Conduct degene∣rate, they degrade themselves, and so must be disouned. He is therefore; in his institution, no more than a mean for this end; and himself cannot be either the whole or half of the end, for then he should be both the end & the mean of Government; and it is contrary to Gods mould to have this for his end, to multiply to himself silver & gold, or lift up himself above his brethren Deut. 17. 17, 20. if therefore he hath any other end than the good of the people, he cannot be ouned as one of Gods moulding. 2. This only is the highest pitch of good Princes ambition, to postpone their oun safety to the peoples safety. Moses desired, rather than the people should be destroyed, that his name should be razed out of the Book of life. And David would rather the Lords hand be on him & his fathers house, than on the people that they should be plagued 1 Chron. 21. 17. but he that would seek his oun ambitious ends with the destruction of the people, hath the spirit of the Devil, and is to be carried towards as one possessed with that malignant spirit. 3. Originally their power is from the people, from whom all their dignity is derived; with reserve of their safety, which is not the donative of Kings, nor

held by concession from them, nor can it be resigned or surrendered to the disposal of Kings; since God hath pro∣vided, in His universal Laws, that no Authority make any disposal, but for the good of the people. This cannot be forfeited by the usurpation of Monarchs, but being alwise fixed in the essential Laws of Government, they may re∣claim & recover it when they please. Since then we cannot alienate our safety, we cannot oune that Authority which is inconsistent with it. 4. The attaining this end was the main ground & motive, of peoples deliberating to consti∣tute a Goverment; and to choose such a forme, because they thought it most conducible for their good; and to ad∣mit such persons as fittest Instruments for compassing this end; and to establish such a Conveyance, as they thought most contributive for this end: When therefore Princes cease to be what they could be constitute for, they cease to have an Authority to be ouned; but ceasing to answer these ends of Government, they cease to be what they could be constitute for. 5. For no other end were Magi∣strates limited with Conditions, but to bound them that they might do nothing against the peoples good & safety: Whosoever then breaking through all legal limitations, shall became injurious to the Community, lists himself in the number of enemies, and is only to be looked upon as such. 6. For this end all Laws are ratified or rescinded, as they conduce to this end, which is the soul & reason of the Law: then it is but reason, that the Law establishing such a King, which proves an enemy to this, should be rescinded also. 7. Contrary to this end no Law can be of force; if then either Law or King be prejudicial to the Realme, they are to be abolished. 8. For this end, in cases of necessity Kings are allowed sometimes to neglect the Letter of the Laws, or private Interests, for the safety of the Community; but if they neglect the publick safety, and make Laws for their oun Interests, they are no more Trustees but Traitors. 9. If it were not for this end, it were more eligible to live in deserts than to enter into Societies: When therefore a Ruler, in direct opposition to the ends of Government, seeks the ruine not only of

Religion, but also of the peoples safety, he must certainly forfeit his right to reign. And what a vast as well as innocent number, have, for Religion and their adherence to their fundamental rights, been ruined, rooted out of their fa∣milies & Possessions, oppressed, persecuted, Murdered, & destroyed by this and the deceased Tyrant, all Scotland can tell and all Europe hath heard. If ever the ends of Government were perverted & subverted in any place, Britain is the stage where this Tragedy hath been acted.

13. I may argue from the Covenant, that to oune this Authority is contrary to all the Articles thereof. 1. That Authority which overturns the Reformation of Religion in Doctrine, Worship, Discipline, & Government, which we are sworn to preserve against the Common Enemies thereof, in the first Art. cannot be ouned: But the present pretended Authority overturned (and continues more to overturn) the Reformation of Religion &c. Ergo it cannot be ouned: for against what common enemy must we pre∣serve it, if not against him that is the chief Enemy thereof? and how can we oune that Authority, that is wholly em∣ployed & applied for the destruction of Religion? 2. If we are obliged to exstirpate Poperie, without respect of persons, lest we partake in other mens sins; then we are obliged to exstirpate Papists without respect of persons, and conse∣quently the head of them. (For how otherwise can Pope∣rie be exstirpated? or how otherwise can we cleanse the Land of their sins?) But in the 2d Art. we are obliged to exstirpate Poperie without respect of persons, lest we par∣take in other mens sins: Ergo we are obliged to exstirpate Papists without respect of Persons and consequently the Crowned Iesuite, and therefore cannot oune him; for how can we oune him, whom we are bound to exstirpate? 3. If we be engaged to preserve the Rights & Liberties of Parlia∣ments, and the Liberties of the Kingdoms, and the Kings Authority only in the preservation & defence of the true Religion & Liberties of the Kingdoms; then we cannot oune his Authority, when it is inconsistent with, opposite to, & destructive of all these precious Interests, as now it is with a witness: But in the 3. Art. we are engaged to

preserve the Rights & Priviledges of Parliaments, & the Liberties of the Kingdoms, and the Kings Authority only in the preservation & defence of the true Religion & Li∣berties of the Kingdoms: Ergo. All allegiance that we can oune to any man, must stand perpetually thus qualified, in defence of Religion & Liberty; that is, so far as it is not con∣trary to Religion & Liberty, and no further, for if it be destructive of these, it is null. If we should then oune this man, with this restricted allegiance, and apply it to his Authority (as we must apply it to all Authority that we can oune) it were to mock God & the world, and oune Con∣tradictions: for can we maintain the Destroyer of Religion, in defence of Religion? And the Destroyer of all our rights & Liberties, and all our legal securities for them, in the preservation of these rights & Liberties? that were pure Non-sense. 4. If we be obliged to endeavour, that all Incendiaries & Malignants &c. be brought to condign punishment, then we cannot oune the Authority of the head of these Incendiaries & malignant Enemies: But in the 4. Art we are obliged to endeavour that all Incendiaries & Malignants &c. be brought to Condign Punishment: Ergo—The Connexion of the Major cannot well be doubted: for is it imaginable, that the head of that un∣hallowed Party, the Great malignant Enemy who is the spring & gives life unto all these Abominations, shall be exempted from punishment? or ouned for a Sacred Ma∣jestie? shall we be obliged to discover, and bring to Ju∣stice, the litle petty Malignants, and this implacably stated Enemy to Christ escape with a Crown on his head? Nay, we are by this obliged, if ever we be in case, to bring these stated Enemies to God & the Country to condign punish∣ment, from the highest to the Lowest: And this we are to do, as we would have the anger of the Lord turned away from us, which cannot be without hanging up their heads before the Lord against the sun, as was done in the matter of Peor Numb. 25. 4. For hath not he & his Com∣plices made the Kingdom a Curse? and we with our oun consent have made our selves obnoxious to it, if we do not procure, each in our Capacities, and pursue these

Traitors & Rebells, that the Judgment of the Lord be executed upon the accursed. 5. No wilful o••poser of Peace & union between the Kingdoms is to be ouned; but according to the 5. Art. we are obliged to ende••vour that Justice be done upon him: But this man & his brother have been wilful opposers of Peace & union between the King∣doms, all true Peace & union, except an union in Con∣federacy against the Lord; for they have taken Peace from both the Kingdoms, and destroyed & annulled that which was the bond of their union, viz. the Solemn League & Cove∣nant. 6. If we are obliged to assist & defend all those that enter into this League & Covenant, in the maintaining & pursuing thereof, and never to suffer our selves to be divided, to make defection to the contrary part &c. Ac∣cording to the 6 Art. Then we must not oun the Butcher of our Covenanted Brethren, who hath imbrued ••is hands in their blood, in the maintaining & pursuing thereof, and would have us withdrawn into so detestable a defection; for we cannot both oune him as he requires to be ouned, and as God requires every Magistrate to be ouned (so as not to resist him under pain of damnation Rom. 13. 2) and assist our Brethren too in resisting his Murders; and our ouning of him were a dividing of our selves from our Bre∣thren that oppose him, into a defection to the Contrary part, whereof he is head & Patron. Lastly in the Conclusion, we are obliged to be humbled for the sins of these King∣doms, and to amend in a real Reformation: Whereof this is one to be mourned for, that after the Lord had delivered us from the yoke of this Tyrannical family, we again joined in affinity with the people of these abominations, and tooke these serpents into our bosome again which hath bit us so sore, and where-with the Lord hath scourged us severely. And if it was our sin to engage with them at first, then it is our sin to continue under their subjection: And is not consistent with that Repentance, that the Lords Contendings call for, to continue ouning that Power which was our sin to oune at first.

III. In the Third place, I promised to confirme my The∣sis from more express Scripture Arguments. Therefore I

shall endeavour to gather them as briefly as may be 1. from Scripture Inferences, nearly & natively Consequen∣tial. 2. from Scripture Assertions. 3. from Scripture Pre∣cepts. 4. from Scripture Practices. 5. from Scripture Pro∣mises. 6. from Scripture Threatenings. 7. from Scripture Prayers.

First, I shall offer some Arguments deduced by way of immediate Inference, from the grounds laid before us in Scripture about Government: wherein I shall confine my self to these Particulars.

1. Let us Consider the Characters of a Magistrate, laid doun in Scripture; and we may infer, if Tyrants & U∣surpers are not Capable of these Characters, then they cannot be ouned for Magistrates. For if they be not Ma∣gistrates, they cannot be ouned as Magistrats: but if they be not capable of the Characters of Magistrates, they are not Magistrates: Ergo if they be not capable of the Cha∣racters of Magistrates, they cannot be ouned as Magi∣strates. To find out the Characters of Magistrats, I need seek no further than than full place Rom. 13. Which usu∣ally, is made a Magazine of Objections against this Truth; but I trust to find store of Arguments for it from thence, not repeating many that have been already deduced ther∣from. We find in this place many Characters of a Ma∣gistrate, that are all incompatible with a Tyrant or U∣surper. 1. He is the higher power vers 1. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Authorities Supereminent, signifying such a Pre∣cellency as draweth towards it a recognition of honour: But this is not Competent to Tyrants & Usurpers; for they are the vilest of men▪ let them be never so high exalted, Psal. 12. ult. and if they be vile then they are to be contemned Psal. 15. 4. and no more to be regarded then Herod was by Christ, when he called him a Fox Luk. 13. 32. But more particularly let us consider what is the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, highness, or dignity of Magistrats, set forth in Scripture. They are stiled Gods not to be reviled Exod. 22. 28. among whom God Judgeth Psal. 82. 1. so called because the Word of God came unto them Iohn 10. 35. But Tyrants are rather Devils, as one of them is called Lucifer Isai. 14. 12. and they that

persecute & imprison the People of God, because acted by the Devil, and acting for him, do bear his name Revel. 2. 10. They are Divels that cast the Lords witnesses into pri∣son. The Magistrats Judgement is Gods Iudgement Deut. 1. 17. because it is not for man but for the Lord 2 Chron. 19. 6. and therefore Solomon is said to have sat on the Throne of the Lord 1 Chron. 29. 23. But it were blasphemy to say, that Tyrants Judgement, usurping the place without His war∣rant, and giving forth Judgement against His Laws & Cause & People, is the Lords Judgement, or for Him, or that they sit on the Throne of the Lord. A Throne of iniquity is not the Throne of the Lord, for He hath no fellowship with it; The Tyrants Throne is a Throne of iniquity, Psal. 94. 20. Magistrats are truly to be subjected to & obeyed, as Principalities & Powers Tit. 3. 1. it is a sin to speak evil of them, vers. 2. for it is presumption to despise Dominion & speak evil of Dignities 2 Pet. 2. 10. Iude. 8. Bu•• Tyrants are very Catechrestically & abusively Principalities & Powers, no otherwise then the Devils are so termed Eph. 6. 12. and there is no argument to oune or obey the one more than the other: for if all Principalities & Powers are to be subjected to & ouned, then also the Devil must, who get the same Title. To speak Truth of Tyrants indignities, cannot be a speaking evil of Dignities; for Truth is no evil, nor is Tyranny a Dignity. Hence they that are not capable of the Dignity of Rulers, are not to be oune•• as such: But Tyrants are not capable of the Dignity of Rulers, as these places prove: Ergo—Against this it is Objected, that Paul did apply this Character to the Tyrannical High Priest Ananias, whom, after he had objurgated for mani••est in∣justice, he honours with that Apologie, that he wist not that he was the high Priest, for it is written, thow shalt not speak evil of the ruler of thy people Act. 23. 5. Ans. Though all should be granted that is in this Objection▪ yet our Argument would not be enervated: for grant we should not speak evil of Tyrants, that does not evince that we should hold them as Rulers; for we should bless our per∣secuters, Rom. 10. 14. and speak evil of no man Tit. 3. 2. that does not say, we should hold every man, or our per∣secuters,

to be Rulers. The meaning must be, he knew not that he was the high Priest, that is, he did not acknow∣ledge him to be either high Priest or Ruler, he could acknowledge or observe nothing like one of that Character in him: for as the high Priests Office was now null & ceas∣ed, so this Ananias was only an usurper of the Office, in place of Ismael or Ioseph, who had purchased it by money: And Paul had learned from his Master Gamaliel, Iudicem, qui honoris consequendi causâ pecunias dederit, revera neque Iu∣dicem esse, neque honorandum, sed Asini habendum Loco. Tit. Talmud. de Synedrio. That a Judge who hath given money for purchasing this honour, is neither a Judge, nor to be honoured as such, but to be held in place of an Ass. And it was common among the Jewes to say, if such be gods, they are silver gods not to be honoured, as is quoted by Pool Sy∣nopsis Criticorum &c. in locum. And that this must be the sense of it is plain; for he could not be ignorant that he was there in place of a Judge, being called before him, and smitten by him Authoritatively, whom therefore he did threaten with the judgment of God; it were wicked to think, that he would retract that threatening which he pronunced by the Spirit of God. And therefore this place confirms my Thesis: If a Tyrannical Judge, acting contrary to Law, is not to be known or acknowledged to be a Ruler, but upbraided as a whited wall; Then a Tyrant is not to be known or acknowledged as such: But the former is true, from this place: Therefore also the latter. Paul knew well enough he was a Judge, and knew well enough what was his duty to a Judge, that he should not be reviled; but he would not acknowledge this Priest to be a Judge, or retract his threatening against him.

2. He is of God & ordained of God: I proved before, Ty∣rants are not capable of this; yea it were blasphemy to say, they are Authorized or Ordained of God, by His Pre∣ceptive Will. Hence take only this Argument. All Rulers that we must oune are ordained of God, do reign & are set up by God Prov. 8. 15. (for that & this place are paralell) But Tyrants do not reign nor are set up by God Hos. 8. 4. They are set up (saith the Lord) but not by me: Ergo we can∣not

oune them to be ordained of God. 3. Whosoever resist∣eth this power ordained of God resisteth the Ordinance of God, and they that resist shall receive to themselves damna∣tion vers. 2. This cannot be ouned of a Tyrant, that it is a damnable sin to resist him, for it is duty to resist & also repress him, as is proven already, and shall be afterwards. Hence, whatsoever Authority we oune subjection to we must not resist it: But we cannot oune that we must not resist this Au∣thority: therefore we cannot oun it at all. Again, That can∣not be the power not to be resisted, which is acquired & improved by resisting the Ordinance of God: But the power of Usurpers & Tyrants is acquired & improved by resisting the ordinance of God: Ergo their power cannot be the power not to be resisted. The Major is manifest: for when the Apostle sayes, the resisting of the power bring damna∣tion to the resister, certainly that resistance cannot purchase Dominion instead of damnation: And if he that resists in a lesser degree, be under the doom of damnation: then cer∣tainly he that does it in a greater degree, so as to complete it, in puting himself in place of that power which he re∣sisted, cannot be free. The Minor is also undenyable; for, if Usurpers acquire their power without resistence forci∣ble & sensible, it is because they that defend the power in∣vaded are wanting in their duty; but however Morally the Tyrant or Usurper is alwayes 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, or in con∣trary order to a Lawful Power. 4. Rulers are not a terror to good works but to the evil, and they that doe that which is good shall have praise of the same vers. 3. This is the Character & duty of righteous Magistrates, though it be not alwayes their Administration: But an Usurper & Tyrant is not ca∣pable or susceptible of this Character, but on the contrary is & must be a terror to good works and a praise to the evil: for, he must be a Terror to them that would secure their rights & Liberties in opposition to his encroachments, which is a good work; & he must be a fautor, Patron, & Pro∣tector of such, as encourage & maintain him in his Usurp∣ation & Tyranny, which is an evil work: And if he were a terror to the evil, then he would be a terror to himself & all his Complices, which he cannot be. Therefore, that

power which is not capable of the duties of Magistrates, cannot be ouned: But the Power of Tyrants & Usurpers is such: Ergo—We find in Scripture, the best Commentare on this Character, where the duties of a Magistrate are described. They must justify the righteous & condemn the wicked Deut. 27. 1. They must, as Iob did, deliver the poor that cry and put on righteousness as a cloathing— and be eyes to the blind & feet to the lame, and a Father to the poor—and break the Jawes of the the wicked Iob 29. 12-17. Their Throne must be established by right∣eousness Prov. 16. 12. a King sitting on the Throne of Judge∣ment must scatter away all evil with his eyes—then Mercy & Truth will preserve him and his Throne is up∣holden by Mercy Prov. 20. 8, 28. But Tyrants have a quite contrary Character: The Throne of iniquity frames Mischief by a Law, and condemns the innocent blood Psal. 94. 20. 21. They judge not the fatherless, neither doeth the cause of the widow come unto them Isai. 1. 23. They build their house by unrighteousness, & their chambers by wrong, and use their neighbours service without wages Ier. 22. 13. They oppress the poor & crush the needy Amos 4. 1. They turn judgement to Gall & the fruit of righteousness to hem∣lock, and say, have we not taken horns to as by our oun strength Amos 6. 12, 13. These contrary Characters can∣not consist together. 5. He is the Minister of God for good vers. 4. not by Providential Commission, as Nebuchadnezzar was, and Tyrants may be eventually, by the Lord making all things turn about for the good of the Church; but he hath a Moral Commission from God, & is entrusted by the people to procure their Publick & Politick good at least. Now this, and Tyranny & Usurpation, are together incon∣sistible: for if Tyrants & Usurpers were Ministers for good, then they would restore the publick & personal Rights, and rectify all wrongs done by them; but then they must surrender their Authority, and resign it, or else all rights cannot be restored, nor wrongs rectified. Hence, these that cannot be ouned as Ministers of God for good, cannot be ouned as Magistrates: But Tyrants & Usurpers, (and in particular this Man) are such as cannot be ouned as

Ministers of God for good: Ergo—Again, If Ma∣gistracy be alwise a blessing, and Tyranny & Usurpation al∣wise a Curse, then they cannot be ouned to be the same thing, and the one cannot be ouned to be the other: But Magistracy or the right-ful Magistrate, is alwise a blessing; Tyranny & Usurpation or the Tyrant & Usurper, alwise a curse: Ergo—That the former is true, these Scrip∣tures prove it. God provides him for the benefite of His people 1 Sam. 16. 1. a just Ruler is compared to the light of the morning, when the sun riseth, even a morning without Clouds 2 Sam. 23. 4. So the Lord exalted Davids King∣dom, for His people Israels sake 2 Sam. 5. 12. because the Lord Loved Israel for ever, therefore made He Solomon King to do judgement & Justice 1 King. 10. 9. when the righteous are in Authority the people rejoice—the King by Judge∣ment stabilisheth the Land—Prov. 29. 2, 4. The Lord promises Magistrates as a special blessing Isai. 1. 26. Ier. 17. 25. and therefore their continuance is to be praye•• for, that we may lead a quiet & peaceable life in all godlyness & honesty 1 Tim. 2. 2. And they must needs be a blessing, be∣cause to have no Ruler is a Miserie; for when Israel had no King every man did that which was right in his oun eyes Iudg. 17. 6. and the Lord threatens it ar a Curse to take away the stay & the staff—the mighty man and the man of war, the Iudge & the Prophet &c. Isai. 3. 1, 2 &c. and that the Children of Israel shall abide many dayes without a King, and without a Prince Hos. 2. 4. But on the other hand Tyrants & Usurpers are alwayes a Curse, and given as such: It is threatened among the Curses of the Covenant, that the stranger shall get up above Israel very high—and that they shall serve their enemies which the Lord shall send against them—and He shall put a yoke of iron upon their neck, until He hath destroyed them Deut. 28. 43, 48. As a roaring lyon and a ranging bear so is a wicked Ruler over the poor people Prov. 28. 15. and therefore, when the wicked beareth rule the people mourn Prov. 29. 2. The Lord threatens it as a Curse, that he will give Children to be their Princes, and babes shall rule over them Isai. 3. 4. and if unqualified Rulers be a curse, much more Tyrants. They are the rod of His anger, and the staff in their hand is His indignation, His axe

& saw & rod Isai. 10. 5, 15. It is one thing to call a man Gods instrument, His rod, axe, sword, or hammer; ano∣ther thing to call him Gods Minister: there is a wide diffe∣rence betwixt the instruments of Gods Providence, and the Ministers of His Ordinance; those fulfill His Purposes only, these do His precepts. Such Kings are given in the Lords anger Hos. 13. 11. therefore they cannot be ouned to be Ministers of God for good. 6. He beareth not the sword in vain for he is the Minister of God, a revenger to execute wrath upon ••im that doeth evil vers. 4. The Apostle doth not say, he that beareth the sword is the Ruler, but he is the Ruler that beareth the sword. This is not every sword; for there is the sword of an enemy, the sword of a robber, the sword of a common traveller, but this as a faculty of Political rule & Authoritative judgement. It is not said, he takes the sword (as the Lord expresses the Usurpation of that power, Math. 26. 52.) but he beareth the sword, hath it de∣livered him into his hand by God, by Gods warrant & al∣lowance, not in vain; to no end or without reason, or without a Commission, as Pareus upon the place expones it. He is a revenger to execute wrath, not by private re∣venge, for that is condemned Paulo ante Rom. 12. 19. not by providential recompense, for when a private person so revengeth, it is the providential repayment of God; but as Gods M••nister, by Him Authorized, commissionated, & warranted to this work. Now this cannot agree with a Tyrant or Usurper, whose sword only legitimates his scepter, and not his scepter his sword, who takes the sword rather then bears it, & uses it without reason or war∣rant from God, in the execution of his lustful rage upon him that doth well, and hath no right to it from God. Hence, he that beareth the sword no other way but as it may be said of a Murderer, cannot be a Magistrate bearing the sword: But a Tyrant & Usurper beareth the sword no other way but as it may be said of a Murderer: Ergo—So much for the Characters of a Magistrate, which are every way inapplicable to Tyrants & Usurpers, and as inapplicable to this of ours as to any in the world.

2. If we consider the Scripture Resemblance•• importing

the duty of Magistrates, and the Contrary Comparisons holding forth the sin, vileness & villany of Tyrants & Usurp∣ers; we may infer, that we cannot oune the last to be the first. First, from the benefite they bring to the Com∣mon wealth, Magistrates are styled. 1. Saviours▪ as Othniel the son of Kenaz is called Iudg. 3. 9. and Ieho••haz in his younger years 2. King. 13. 5. and all good Judges & Ma∣gistrates Neh. 9. 27. But Tyrants & Usurpers cannot be such, for they are destroyers whom the Lord promises to make go forth from His people Isa. 49. 17. The Chaldea•• Tyrant is called the destroyer of the Gentiles Ier. 4. 7. and the destroyer of the Lords heritage Ier. 50. 11. wherefore they can no more be ouned to be Magistrates, than Abaddon or Apollyon can be ouned to be a Saviour. 2. From their Pater••al love to the people, they are styled fathers▪ and therefore to be honoured according to the fifth Command. So Deborah was raised up a Mother in Israel Iudg. 5. 7. Kings are nursing fathers by office Isai. 49. 23. But that Tyrants cannot be such I have proved already; for they can no more be accounted fathers, than he that abuseth or forceth our mother. 3. From the Protection & shelter that people find under their Conduct, they are called Shields Psal. 47. Ult. The Princes of the people, the Shields of the earth, belong unto God. But Tyrants can∣not be such, because they are the subverters of the earth. 4. From the Comfort that attends them, they are resembled to the morning light & fruitful shours of rain 2 Sam. 23. 4. They waited for me as for the rain, saith Iob. 29. 23. But Tyrants cannot be resembled to these, but rather to darkness, and to the blast of the terrible ones Isai. 25. 4. as a storm against the wall, If darkness cannot be ouned to be light, then cannot Tyrants be ouned to be Magistrats. 5. From their Pastoral Care & Conduct and duty, they are feeders. The Judges of Israel are commanded to feed the Lords people 1 Chron. 17. 6. David was brought to feed Jacob His people, and Israel His Inheritance Psal. 78. 71. But Tyrants are wolves not Shepherds. 6. By office they are physicians or healers Isai. 3. 7. That Tyrants cannot be such is proven above. Secondly on the other hand, the vileness, villany, & violence of Tyrants & Usurpers, are held forth by fit resem∣blances,

being Compared to these unclean creatures. 1. Tyrants are wicked Dogs, as they who compass about Christ Psal. 22. 16, 20. Saul is called Dog there, and in that Golden Psalm Psal. 59. 4. Saul & his Complices, watching the house to kill David, make a noyse like a dog & go round about the City. 2. They are pushing Bulls Psal. 22. 12. and crushing Kain of Bashan, that oppress the poor Amos. 4. 1. they have need then to have their horns cut s••ort. 3. They are roaring Lyons. that are wicked Rulers over the poor People Prov. 28. 15. Zeph. 3. 3. So Paul calls Nero the Lyon, out of whose mouth he was delivered. 2 Tim. 4. 17. 4. They are ranging bears Prov. 28. 15. So the Persian Monarch is emblemized Dan. 7. 5▪ 5. They are Leviathan the peercing Serpent & Dragon Isai. 27. 1. and have great affinity in name & Nature with the Apocalyptick Dragon: So also Isai. 51. 9. the Egyptian Tyrant is called Dragon. And Nebuchadnezzar swallowed up the Church like a Dragon Ier. 51, 34. See also Ezek. 29. 3. 6. They are wolves ravening the prey Ezek. 22. 27. evening wolves that gnaw not the bones till the morrow Zeph. 3. 3. 7. They are Leopards: So the Grecian Tyrants is called Dan. 7. 6. and Antichrist Revel. 13. 2. 8. They are foxes: So Christ calls Herod Luk. 13. 32. 9. They are Devils who cast the Lords people into Prison Revel. 2. 10, 13. Now can we oune all these abommable Creatures to be Magistrates? Can these be the fathers we are bound to honour in the fifth Commandment? They must be esteemed sons of dogs & Devils that belive so, and oune themselves sones of such fathers.

If we further take notice, how the Spirit of God describes Tyranny, as altogether Contradistinct & opposite unto the Magistracy He will have ouned; we may infer hence Ty∣rants & Usurpers are not to be ouned. What the Govern∣ment instituted by God among His people was, the Scrip∣ture doth both relate in matter of ••act, and describes what it ought to be de jure, viz. That according to the Institution of God, magistrates should be established by the Consti∣tution of the people, who were to make them Iudges & Offi∣cers in all their gates, that they might Iudge the people with just

Iudgment Deut. 16. 18. But foreseeing that people would affect a change of that first forme of Government, and in imitation of their neighbouring Nations would desire a King, and say, I will set a King over me like all the Nations that are about me Deut. 17. 14. The Lord, intending high & holy ends by it, chiefly the procreation of the Messias from a Kingly race, did permit the change, and gave directions how he should be moulded & bounded, that was to be ouned as the Magistrate under a Monarchial forme: To wit, that he should be chosen of God, and set up by their suffrages, that he should be a brother and not a stranger, that he should not multiply horses, nor wives, nor money (which are Cautions all calculated for the peoples good, and the security of their Religion & Liberty, and for pre∣cluding & preventing his degeneration into Tyranny) and that he should write a Copy of the Law in a book. accord∣ing to which he should Govern vers. 15. ad ••in. cap. yet the Lord did not approve the change of the form, which that luxuriant people was long affecting, and at length obtained. For long before Saul was made King, they profered an Hereditary Monarchy to Gideon, without the boundaries Gods Law required; Which that brave Captain, knowing how derogatory it was to the Authority of Gods Institu∣tion, not to be altered in form or frame without His order, generously refused, faying, I will not rule over yow, neither shall my son rule over yow, the Lord shall rule over yow Iud. 8. 23. But his bastard, the first Monarch & Tyrant of Israel, Abimelech, by sinstrous means being advanced to be King by the traiterous Schechemites, Iotham and other of the Godly disouned him: which, by the Spirit of God, Iotham describes Parabolically, significantly ho••ding out the Nature of that Tyrannical usurpation, under the Apologue of the trees itching after a King, and the offer being repudiate by the more generous sort, embraced by the bramble: Signifying that men of worth & virtue would never have taken upon them such an arrogant Domina∣tion, and that such a Tyrannicall Government in its Na∣ture & tendency was nothing but an useless, worthless, sapless, aspiring, scratching, & vexing shadow of a Govern∣ment,

under subjection to which there could be no peace nor safety. But this was rather a Tumultuary interruption than a Change of the Government, not being universally either desired or ouned; therefore after that the Lord re∣stored the pristine form: Which continued until, being much perverted by Samuels sons, the people unanimously & peremptorly desired the change thereof, and whether it were reason or not would have a King; as we were fondly set upon one, after we had been delivered from his fathers yoke: And the Lord gave them a King with a Curse, and tooke him away with a vengeance, Hos. 13. 11. as He did our Charles the Second. Yet He permited it, but with a Protestation against and conviction of the sin, that thereby they had rejected the Lord 1 Sam. 8. 7. and with a demonstration from Heaven, which extorted their oun confession, that they bad added unto all their sins this evil to ask a King 1 Sam. 12. 17, 18, 19. And to deter & disswad from such a Conclusion, He appoints the Prophet to shew them the manner of the King that should reign over them 1 Sam. 8. 9. to declare before hand, what sort of a Ruler he woud prove, when they got him; to wit, a meer Tyrant, who would take their sons and appoint them for himself, for his Chariots, and for horsemen, and to run before his Chariots, and make them his sowldiers, and labourers of the ground, and Instrument-makers, and houshold servants, and he would take their fields & vine∣yards—the best of them, and give unto his servants, in a word to make all slaves; and that in the end when this should come to pass, they should cry out because of their King, but the Lord would not hear them vers. 11-18, All which, as it is palpable in it self, so we have sensibly felt in our experience to be the Natural description of Tyranny, but more tollerable than an account of ours would amount to. It is both foolishly & falsely alledged, by Royalists or Tyrannists, that here is a grant of incon∣troulable absoluteness to Kings to Tyrannise over the people without resistence, And that this manner of the King is in the Original Mishphat, which signifies right or Law, So that here was a permissive Law given to Kings to

Tyrannise, and to oblige people to passive obedience, without any remedy but tears, And therefore it was re∣gistered & laid up before the Lord in a book 1 Sam 10. 25. But I answer. 1. If any thing be here granted to Kings, it is either by Gods Approbation, directing & instructing how they should govern; or it is only by permission & pro∣vidential Commission to them, to be a plague to the people for their sin of choosing them, to make them drink as they have brewed, as sometimes He gave a Charge to the Assyrian rod to trample them doun as the mire of the streets: If the first be said, Then a King that does not govern after that manner, and so does not make people cry out for their oppression, would came short of his duty, and all behoved to Tyrannize and make the people cry out; then a King may take what He will from his subjects, and be approved of God: this were blasphemously absurd, for God cannot approve of the sin of oppression. If the Second be said, then it cannot be an universal Grant, or otherwise all Kings must be ordained for plagnes; And if so, it were better we wanted such nursing fathers. 2. Though Mishphat signifies right or Law, yet it signifies also, and perhaps no less frequently, Manner, Course, or Custome: And here it cannot signify the Law of God, for all these Acts of Ty∣ranny are contrary to the Law of God; for to make Ser∣vants of subjects is contrary to the Law of God Deut. 17. 20. forbidding to lift up himself so far above his brethren, but this was to deal with them as a proud Pharaoh; to take so many for Chariots & horsemen, is also contrary to the Law Deut. 17. 15. he shall not multiply horses: to take their fields & vineyards, is meer Robbery, contrary to the Moral & Judicial Law, whereof he was to have alwise a Copy vers. 18. And contrary to Ezek. 46. 18. The Prince shall not take of the peoples inheritance &c. This would justify Ahabs taking Naboths vineyard, which yet the Lord ac∣counted Robberie, and for which Tyrants are called Companions of Thieves Isai. 1. 23. & Robbers Isai. 42. 24. into whose hands the Lord somtimes may give His people for a spoyl in Judicial providence, but never with His Appro∣bation & grant of right: to make them cry out, ••s oppression,

which the Lord abhors Isai. 5. 7, 8. And if this be all the remedy, it is none; for it is such a Cry, as the Lord threat∣ens He will not hear. 3. It is false that this manner of the King was registered in that Book mentioned 1 Sam. 10. 25. for that was the Law of the Kingdom, accordingly the Copy of which the King was to have for his instruction, con∣taining the fundamental Laws, point blank contrary to this which was the manner of the King: There is a great difference between the Manner of the Kingdom, what ought to be observed as Law, and the Manner of the King what he would have as lust. Would Samuel write in a Book the rules of Tyranny, to teach to oppress, contrary to the Law of God? He sayes himself he would only teach both King & people the good & the right way, Sam. 12. 23, 25. 4. Nothing can be more plain, than that this was a meer disswasive against seeking a King; for he protests against this Course, and then layes before them what sort of King he should be, in a description of many acts of Tyranny, and yet in end its said vers. 19. Nevertheless the people refused to obey the voice of Samuel, and said, Nay but we will have a King. Now what else was the voice of Samuel, than a disswasion? I am not here levelling this Argument against Monarchy in the abstract, that does not lie in my road. But I infer from hence. 1. If God was displeased with this people for asking & ouning a King, who was only Tyrannus in fieri, and disswades from the choise by a description of his future Tyranny; Then Certainly He was displeased with them when they continued ouning him, when a Tyrant in facto esse, according to that description: But the former is true, Therefore also the latter. The Consequence is clear; for Continuing in sin is sin; but continuing in ouning that Tyrant which was their sin at first, was a continuing in sin: Ergo—The Minor is confirmed thus: Continuing in counteracting the Motives of Gods disswasion, especially when they are sensibly visible, is a Continuing in sin: But their Continuing in ouning Saul after he became a Tyrant, was a Continuing in counteracting the Motives of Gods disswasion, when they were sensibly visible. I do not say, because it was their sin to ask Soul, therefore it was not

Lawful to oune him, while he ruled as a Magistrate; And so if Charles the second had ruled righteously, it would not have been sin to oune him: but after the Lord uses disswa∣sives from a choise of such a one, and these are signally verified, if it was sin to make the choise, then it must be sin to keep it. 2. If it was their sin to seek & set up such a one before he was Tyrant, who yet was admitted upon Covenant terms, and the manner of it registered; Then much more is it a sin to seek & set up one, after he declared himself a Tyrant, and to admit him without any terms at all, or for any to consent or give their suffrage to such a deed: But the former is true: Therefore the latter: and Consequently, to give our consent to the erection of the D. of Y. by ouning his Authority, were our sin. 3. If it be a sin to oune the manner of the King there described, then it is a sin to oune the present pretended Authority, which is the exact transumpt of it: But it is a sin to oune the manner of the King there described, or else it would never have been used as a disswasive from seeking such a King. 4. To bring our selves under such a burden which the Lord will not remove, and involve our selves under such a miserie wherein the Lord will not hear us, is certainly a sin vers. 18. But to oune or chuse such a King, whose manner is there described, would bring our selves under such a burden & miserie, wherein the Lord would not hear us: Ergo it were our sin.

4. We may adde the necessary Qualifications of Magi∣strates, which the Lord requires to be in all, both Superior & Inferior: And thence it may be inserred, that such pretended Rulers who neither have nor can have these Qua∣lifications are not to be ouned as Magistrates, no more than such are to be ouned as Ministers who have no quali∣fications for such a function. We find their essentially ne∣cessary qualifications particularly described. Iethros Coun∣sel was Gods Counsel & Command; That Rulers must be able men, such as fear God, men of Truth, hating Covetousness Exod. 18. 21. Tyrants & Usurpers have none nor can have any of these qualifications, except that they may have ability of force, which is not here meant; but that they

be Morally able for the discharge of their duty: Surely they cannot fear God; nor be men of Truth, for then they would not be Tyrants. It is Gods direction, that the man to be advanced & assumed to Rule, must be a man in whom is the Spirit Numb. 27. 18. as is said of Ioshua: what Spirit this was, Deut. 34. 9. explains, He was full of the Spirit of Wisdom, that is, the Spirit of Government; not the Spirit of infernal or Iesuitical Policy, which Tyrants may have, but they cannot have the true Regal Spirit, but such a Spirit as Saul had when he turned Tyrant, an evil Spirit from the Lord. Moses saith: they must be wise men & under∣standing and known among the tribes, Deut. 1. 13. for if they be Children or fools, they are plagues & punishments Isai. 3. 2, 3, 4. &c. not Magistrates, who are alwise blessings. And they must be known men of intergrity, not known to be knaves or fools, as all Tyrants are alwayes. The Law of the King is, Deut, 17. 15. he must be one of the Lords choosing. Can Tyrants & Usurpers be such? No they are set up, but not by Him Hos. 8. 4. he must be a brother & not a stranger, that is, of the same Nation and of the same Religion: for though infidelity does not make void a Magistrates Authority, yet both by the Law of God & man, he ought not to be chosen who is an enemy to Re∣ligion & Liberty: Now it were almost treason, to call the Tyrant a brother; and I am sure it is no reason, for he disdains it, being absolute above all. That good Kings Testament confirms this, the God of Israel said, the Rock of Israel spake, he that ruleth over men must be just, ruling in the fear of God 2 Sam. 23. 3. But Tyrants & Usurpers cannot be just; for if they should render every one their right, they would keep none to themselves, but behoved to resign their Robberies in the first place, and then also they must give the Law its course, and that against themselves. These Scriptures indeed do not prove, that all Magistrates are in all their Administrations so qualified, nor that none ought to be ouned but such as are so qualified in all respects. But as they demonstrate what they ought to be, so they prove that they cannot be Magistrates of Gods ordaining who have none of these qualifications: But Tyrants & Usurpers

have none of these qualifications. Much more do they prove that they cannot be ouned to be Magistrats, who are not capable of any of these qualifications: But Usurpers are not capable of any of these qualifications. At least they conclude, in so far as they are not so qualfied, they ought not to be ouned but disouned: But Tyrants & Usurpers are not so qualified in any thing: therefore in any thing they are not to be ouned but disouned: for in nothing they are so qualified as the Lord prescribes.

Secondly, I shall offer some reasons from Scripture Assertions.

1. It is strongly Asserted in Elihu's speech to Iob, that he that hateth right should not govern. Where he is charg∣ing Iob with blasphemie, in accusing God of injustice; of which he vindicates the Almighty, in Asserting His Sove∣raignity & Absolute Dominion, which is inconsistent with injustice: and shewes both that if He be Soveraign He cannot be unjust, and if He be unjust He could not be Soveraign: which were horrid Blasphemy to deny. And in the demonstration of this, he gives one Maxime in a question, which is equivalent to an universal negative Iob. 34. 17, 18. Shall even he that hateth right govern? and wilt thow condemn him that is most just? Is it fit to say to a King, thow art wicked? and to Princes, ye are ungodly? In which Words, the Scope makes it clear, that if Iob made God a hater of right, he should then deny His Government; and if he took upon him to condemn Him of injustice, he should blasphemously deny Him to be King of the World. For it is not fit to say to any King, that he is wicked, or so ungodly as to be a hater of right; for that were treason, Lese-Majestie, and in effect a denying him to be King: much less is it fit to say to Him that is King of Kings. Here then it is affirmed, & supposed to hold good of all Governours, that he that hateth right should not govern, or bind, as it is in the Margent; for ••abash signifies both to bind and to Govern, but all to one sense, for Governours only can bind subjects Authoritatively, with the bonds of Laws & Punishments. I know the following Words are alledged, to favour the incontroulableness & absoluteness of Princes, that it is not

fit to say to them, they are wicked. But plain it is, the words do import treason against Lawful Kings, whom to call haters of right were to call their Kingship in question; as the Scope shewes, in that these words are adduced to Justify the Soveraignity of God by His Justice, and to con∣fute any indirect charging Him with injustice because that would derogate from His Kingly Glory, it being imposs∣ible He could be King & unjust too. So in some Analogy, though every act of injustice do not unking a Prince; yet to call him wicked, that is habitually unjust, and a hater of Justice, were as much as to say, he is no King, which were intollerable treason against Lawful Kings. But this is no treason against Tyrants: for Truth & Law can be no treason; now this is the language of Truth & Law, that wicked Kings are wicked; And they that are wicked & ungodly ought to be called so, as Samuel called Saul, and Elijah Ahab &c. However it will hold to be a true Maxi∣me, whether we express it by way of Negation or Interro∣gation. Shall even he that hateth right Govern? But are not Tyrants & Usurpers haters of right? shall therefore they Govern? I think it must be answered, they should not Govern. If then they should not Govern, I infer, they should not be ouned as Governours. For if it be their sin to Govern (right or wrong, its all one case, for they should not Govern at all) then it is our sin to oune them in their Government: for it is alwise a sin to oune a man in his sinning.

2. The Royal Prophet, or whoever was the Penman of that Appeal for Justice against Tyranny Psal. 94. 20. does tacitely Assert the same truth, in that Expostulation, shall the Throne of iniquity have fellowship with thee, that frameth mischief by a Law? which is as much as if he had said, the Throne of iniquity shall not, no cannot have fellowship with God; that is, it cannot be the Throne of God that He hath any Interest in, or Concern with, by way of approbation: He hath nothing to do with it, except it be to suffer it a while, till He take vengeance on it in the end. And shall we have fellowship with that Throne, that God hath no fellowship with, and that is not His Throne but

the Devils, as it must be, if God doth not oune it? Much may be argued from hence, but in a word: A Throne which is not of God nor ordained of God, but rather of the Devil, cannot be ouned (for that is the reason of our subjection to any power, because it is of God and ordained of God Rom. 13. 1. And that is the great dignity of Magistracy, that its Throne is the Throne of God 1 Chron. 29. 23.) But a Throne of Tyrannie & usurpation is a Throne which is not of God, nor ordained of God, but rather of the Devil: Ergo—the Minor is proved: A Throne of iniquity &c. is a Throne which is not of God, nor ordained of God, but rather of the Devil: But a Throne of Tyranny & usurpation is a Throne of iniquity: Ergo it is not of God & so not to be ouned.

3. The Lord charges it upon Israel as a transgression of His Covenant, & trespass against His Law, that they had set up Kings & not by Him and had made Princes and He knew it not Hos. 8. 4. and then taxes them with Idolatry, which ordinarly is the Consequent of it, as we have reason to fear will be in our case. He shewes there the Apostasie of that people, in changing both the Ordinances of the Ma∣gistracy and of the Ministry, both of the Kingdom & of the priest-hood, in which two the safety of that people was founded: So they overturned all the order of God, and openly declared they would not be governed by the hand of God, as Calvin upon the place expounds it. Where∣as the Lord had commanded, if they would set up Kings they should set none up but whom He choosed Deut. 17. 15. yet they had no regard to this, nor consulted Him in their admission of Kings, but set them up and never let Him to wit of it, without His knowledge, that is, without consulting Him, and without His approbation, for it can have no other sense. I know it is alledged by several Inter∣preters, that here is meant the tribes secession from the house of David, and their setting up Ieroboam. I shall con∣fess that the ten tribes did sin in that erection of Ieroboam, without respect to the Counsel or Command of God, without waiting on the vocation of God, as to the time & manner, and without Covenanting with him for security for their Religion & Liberty: But that their secession from

Davids line, which by no precept or promise of God they were astricted to, but only conditionally, if his Children should walk in the wayes of God, Or that their erecting of Ieroboam was materially their sin, I must deny; and assert, that if Ieroboam had not turned Tyrant & Apostate from God (for which they should have rejected him afterwards and returned to the good Kings of Davids line) he would have been as Lawful a King as any in Iudah, for he got the Kingdom from the Lord the same way, and upon the same terms that David did, as may be seen expressly in 1 King. 11. 38. It must be therefore meant, either generally of all Tyrants whom they would set up without the Lords mind, as at first they would have Kings on any terms, though they should prove Tyrants, as we have seen in Sauls case. Or particularly Omri whom they set up, but not by the Lord 1 King. 16. 16. And Abab his Son, And Shal∣lum, Menahem, Pekah &c. who were all set up by blood & treacherie, the same way that our Popish Duke is now set up, but not by the Lord, that is by His approbation. Hence I argue, those Kings that are not ouned of God, nor set up by Him, must not be ouned by us (for we can oune none for Kings but those that reign by Him Prov. 8. 15. and are ordained of Him Rom. 13. 1.) But Tyrants & Usurp∣ers are not ouned of God as Kings, nor are set up by Him: Ergo—Again if it be a sin to set up Kings and not by God, then it is a sin to oune them when set up: for, that is a par∣taking of & continuing in the sin of that erection, and hath as much affinity with it, as resetting hath with thieft; for if they be the thieves, they are the ressetters who receive them & oune them.

4. The Prophet Habakkuk, in his Complaint to God of the Chaldean Tyranny, Asserts that God hath made the righteous, as the Fishes of the Sea, as the Creeping things, that have no Ruler over them, Habak. 1. 14. Now how were they said to be without a Ruler, when the Chaldean actual∣ly commanded & absolutely ruled over them? yea how can the Fishes & Reptiles have no Ruler over them? If Do∣mineering be ruling, they want not that; when the weak∣er are over-mastered by the stronger, and by them made

either to be subject: ar to become their prey. But the meaning is, these Creatures have no Ruler over them by order of nature: And the Iewes had then no Ruler over them by order of Law, or ordination from God, or any that was properly their Magistrate by Divine Institution, or humane orderly constitution. We see then it is one thing for a people to have an arbitrary or enthra••ing Tyranny, another to have true Magistracy or Authority to be ouned over them, without which Kingdoms are but as Moun∣tains of prey, and Seas of Confusion. Hence I argue, If the Iewes, having the Chaldean Monarch tyrannising over them, had really no Ruler over them, then is a Tyrant & Usurper not to be ouned for a Ruler: But the former is true: therefore also the Latter.

5, Our Saviour Christ delivers this as a Commonly re∣ceived & a true Maxime, Iohn. 8. 54. He that honoureth him∣self his honour is nothing. The Iewes had objected that He had only made himself Messias, vers. 53. To whom He answers by way of concession, if it were so indeed then His Claims were void, If I honour my self my honour is nothing: And then claims an indubitable title to His dignity, It is my Father that honoureth me. Here is a two fold honour distin∣guished, the one real the other suppositious & null, the one renounced the other ouned by Christ, Self-honour & honour which is from God. Hence I argue, A self creat∣ed dignity is not to be ouned: the Authority of Tyrants & Usurpers is a self created dignity: Ergo—this was con∣firmed above.

Thirdly I shall offer some other considerations confirm∣ing this truth, from those Scriptures which I class among precepts. And these I find of diverse sorts touching this subject.

1. I shew before that the greatest of men, even Kings, are not exempted from punishment and Capital punish∣ment, if guilty of Capital Crimes: for where the Law di∣stinguisheth not, we ought not to distinguish. There is one special & very peremptory Law, given before the Law for regulating Kings, which by that posterior Law was neither abrogated nor limited even as to Kings, Deut. 13. 6-9.

If thy Brother (and a King must be a Brother Deut. 17. 15.)—entice the secretly saying let us go & serve other Gods—Thow shalt not consent unto him nor hearken unto him neither shall thine eye pity him. How famous Mr Knox improved this Argu∣ment, is shewed in the third Period. That which I take no∣tice of here is only, that Kings are not excepted from this Law, but if they be open Intycers to Idolatry, by force or fraud, Persecution or Tolleration, as this Idolater now reigning is palpably doing, they are obnoxious to a legal animadversion. As it cannot be supposed, that Secret In∣tycers should be lyable to punishment, and not open A∣vouchers of a desire & design to pervert all the Nation to Idolatry: that a private perverter of one man, though never so nearly & dearly related, should be pursued & brought to condign punishment, and a publick Subverter of whole Nations, and Introducer of a false & blasphemous Idola∣trous Religion, should escape Scot-free. Let the punish∣ment inflicted be in a Judicial way, and of what measures it pleases the Judge to determine, I shall not controvert here; Only I plead, that Idolatrous Tyrants are not ex∣cepted from this Law: and infer, that if they ought to be punished they ought to be deposed; And if they ought to be deposed, they cannot be ouned, when undenyably, guilty of this Capital Crime, as was urged above. To this I may adde that part of that Prophetical Kings Testament; who being about to leave the world, under some Chal∣lenges of Mal-administration in his oun Government (for which he took himself to the well ordered everlasting Co∣venant, for pardon & encouragment) after he had shown what Rulers should be, he threatens, by Antithesis, Ty∣rannical••pretenders, in these severe words, which do also imply a precept, and a direction how to deal with them 2 Sam 23. 6, 7. But they of Belial shall be all of them as thorns thrust away, because they cannot be taken with hands, but the man that shall touch them must be fenced with iron & the staff of a spear, and they shall be utterly burnt with fire in the same place. Let these words be understood as a threat∣ening against all the wicked in general, who ars to bequench∣ed

as the fire of thorns; or particularly of the Promoters of Antichrists Kingdom, in opposition to Christs, as some Interpreters judge; it will not weaken but confirm my Ar∣gument, if Kings who are ringleaders of that gang be not excepted. I know some do understand this of Rebells against righteous Rulers: which though indeed it be a truth, that they that are such should be so served, and roughly handled with iron and the staff of a spear; yet it is not so consonant to the scope & connexion of this place, shewing the Charact∣ers of righteous Rulers and of usurping Tyrants, making an opposition between Rulers that are just ruling in the fear of God, and those that are Rulers of Belial, promising bless∣ings upon the Government of the one & contempt & Re∣jection to the other, and shewing how both should be car∣ried towards: Neither does it aggree with the words them∣selves, where the supplement in our translation is redun∣dant; for it is not in the Hebrw, the sons of Belial, only They of Belial, clearly relative to the Rulers of whom he was speak∣ing before. And indeed the word Belial, in its Etymology is not more applicable to any than to Tyrants; for it comes from beli, non, and Hhall supra, because they will have none above them, or from beli non and Hhol jugum, because they cannot suffer a yoke, but cast away the yoke of Laws and the yoke of Christ, saying, let us burst His bands &c. Nor is it alwayes aggreeable to truth, to understand it only of Rebells against righteous Rulers, that they can never be taken with hands: For as very rarely righteous Rulers have any Rebells, to be the objects of their rigour & rage; So when there are any, discreet & wise Rulers will find many wayes to take & touch them, and quash or quiet them. But it is alwise true of Tyrants, for they can never be taken with hands, neither in a friendly manner, taken by the hand and transacted with in any bargain as other men, for they that would do so will find them like pricking & jag∣ging bryers, which a man cannot handle without hurt to himself; Nor can they be any other way repressed or re∣strained or touched, but by hands fenced with iron, that is, with the sword of necessity, or ax of Justice. And this is insinuated as duty, so to endeavour to exstirpate & era∣dicate

such thorns, as pester the Common-wealth: but if it cannot be done, it must be duty & wisdom both not to medle with them, nor oune them, no more than Iotham, who would not subject himself nor come under the shad∣dow of the bastard bramble. I confess it is commonly taken as a threatening of the Lords Judgement against these Sons of Belial: And so it is. But it teacheth also what men are called to, when they have to do with such, to wit, to take the same course with them as they would to clear the ground of thorns & bryars. And that it is restricted to the Lords immediate way of taking them off, is not credible: For, it can have no tollerable sense to say, they shall be thrust away because they cannot be taken with the Lords hands: Neither is there need, that He should be fenced with iron &c. And let iron &c. be taken tropically for the Lords sword of vengeance; yet how can it be understood, that He must be fenced there with? or that He will trust them away, as a man must be fenced against thorns? What de∣fence needs the Lord against Tyrants? It is only then intel∣ligible, that the Lord in His righteous Judgement will make use of men & legal means, and of those who cannot take them with hands, in His Judicial procedure against them. Hence I argue, If Tyrants are to be dealt with as thorns, that cannot be taken with hands, but to be thrust away by violence, Then, when we are not in case to thrust them away, we must let them alone, and not medle nor make with them, and so must not oune them, for we cannot oune them withount medling, and without being pricked to our hurt: But the former is true: Ergo—Of this same nature, another threatening confuting the pre∣tence of Princes impunity, may be subjoined out of Psal. 82. 6, 7. I have said ye are Gods, and all of yow are Children of the most High, but ye shall die like men & fall as one of the Princes. From which words, the learned Author of the History of the Douglasses, Mr David Hume of Gods craft, in his discourse upon Mr Craigs Sermon upon the words, doth strongly prove, that the Scope is to beat off all Kings, Princes, & Rulers, from the conceit of impunity for their Tyrannical Dominations; that they must not think to Domineer and

do what they list, and overturn the foundations or funda∣mental Laws of Kingdoms, because they are gods; as if they were thereby incontrolable, and above all Law & punishment: no, they must know, that if they be guilty of the same transgressions of the Law, as other Capital of∣fenders, they shall die like other men, & fall as Princes who have been formerly punished. It is not to be restrict∣ed to a threatening of Mortality; for that is unavoidable, whether they Judge justly or unjustly, and the fear there∣of usually hath litle efficacy to deter men from Crimes punishable by Law: Neither can it be understood only of the Lords immediate hand taking them away, exclusive of mens legal punishment; for expresly they are threaten∣ed to die like Common men, and to be lyable to the like punishment with them: Now common men are not only lyabl to the Lords immediate Judgement, but also to mens punishment. Hence, if Tyrants and overturners of the foundations of the earth, must be punished as other men, then when they are such they cannot be looked upon as righteous Rulers, for righteous Rulers must not be pu∣nished: But the former is true: Ergo—According to these Scriptures, which either express or imply a precept to have no respect to Princes in Judgement when turning Criminalls, we find examples of the peoples punishing Amazia &c. which is recorded without a challenge, and likewise Athalia.

2. There is a Precept given to a humbled people, that have groaned long under the yoke of Tyranny & oppres∣sion, enjoining them, as a proof of their sincerity in humi∣liation, to bestir themselves in shaking off those evils they had procured by their sin. Isai. 58. 6. Is not this the fast that I have ch••sen, to loose the bands of wickedness, to undo the heavy burdens, and to let the oppressed go free, and that ye break every yoke? which are all good works of Justice & Mercy, and more acceptable to God than high flown pretences of humiliation, under a stupid submission; and hanging doun the head as a bulrush. We see it then a duty to relieve the oppressed, and to repress Tyranny, and break its yoke. If it be Objected (1) That these are Spiritual bonds & yokes,

that are here commanded to be loosed & broken; or if any external be meant, they are only the yokes of their exactions & usuries. For Ans. I grant, that it is the great duty of a people humbling themselves before the Lord, to break off their sins by righteousness and their iniquity by shewing mercy to the poor Dan. 4. 27. but that this is the only duty I deny; or that this is the genuine & only sense of this place, cannot be proved, or approved by the Scope; which is, to press them to those duties they omitted, whereby the poor oppressed people of God might be freed from the yokes of them that made them to houl, and to bring them to the conviction of those sins for which the Lord was contend∣ing with them, whereof this was one, that they exacted all their Labours, or things wherewith others were grieved (as the Margent reads) or suffered the poor to be oppressed. (2) If it be alledged, that this is the duty proper to Rulers to relieve the oppressed &c. I Answer, It is so; but not peculiar to them: yet most commonly they are the op∣pressors themselves, and cast out the poor, which others must take in to their houses. But the duty here is pressed upon all the people, whose sins are here cryed out against (vers. 1.) upon all who professed the service of God, & asked the ordinances of Justice (vers. 2) upon all who were fasting & humbling themselves, and complained they had no success (vers. 3.) the reasons whereof the Lord discovers (vers. 4. 5.) whereof this was one, that they did not loose those bands, nor breake these yokes, nor relieved the oppessed; And those works of Justice (vers. 6.) are pressed upon the same grounds, that the works of mercy are pressed upon (vers. 7.) sure these are not all nor only Rulers. Hence I argue, If it be a duty to break every yoke of oppression & Tyranny, then it is a duty to come out from under their subjection: But the former is true: therefore aso the latter.

3. In answer to that grand objection of the Iewes sub∣jection to Nebuchadnezzar, I shew what litle weight or force there is in it. And here I shall take an Argument from that same Passage. The Lord commands His people there, to desert & disoune zedekiah who was the possessor

of the Government at present, and sayes, it was the way of life to fall to the Chaldeans Ier. 21. 8, 9. which was a falling away from the present King. Either this commanded sub∣jection to the Chaldeans is an universal precept; or it is only particular at that time. If it be universal, obliging people to subject themselves to every Conqueror, then it is also universal obliging people to renounce & disoune every Covenant-breaking tyrant, as here they were to fall away from Zedekiah: If it be only particular, then the ouners of of Tyranny have no advantage from this passage. And I have advantage, so far as the ground of the precept is as moral, as the reason of that punishment of zedekias, which was his perfidie & perjurie. Hence, if the Lord hath com∣manded to disoune a King breaking Covenant, then at least it is not insolent or unprecedented to do so: But here the Lord hath commanded to disoune a King: Ergo—

Fourthly we may have many Confirmations of this truth, from Scripture practices approven.

1. I was but hinting before, how that after the death of that brave Captain & Judge Gideon, when Abimelech the son of his whore, did first aspire into a Monarchy, which he perswaded the silly Schechemites to consent to, by the same Argument which Royalists make so much of, for asserting the necessity of an Hereditary Monarchy [whether is it better for yow either that all the sons of Jerubbaa••—reign over yow or that one reign over yow.] & by bloody cruelty did usurp a Monarchical or rather Tyrannical Throne of Domination, founded upon the blood of his seventy brethren (as we know, whose Throne is founded upon the blood of all the brethren he had) Jotham, who escaped, s••••rned to put his trust under the shadow of such a bramble, and they that did submit, ••ound his parable verified, a mu••••al fire recipro∣cally consuming both the usurping King and his traiterous subjects: Neither did all the Godly in Israel submit to him. See Pool Synops. Critic. on the place Iud. 9. Here is one express example of disouning a Tyrant & Usurper.

2. I shew before, how after the Period of that Theo∣cracy, which the Lord had maintained & managed for some time in great mercy & Majesty in & over His people, they,

itching after novelties and affecting to be neighbour-like, rejected the Lord in desiring a King; And the Lord per∣miting it, gave them a King in His wrath (the true Origi∣nal & only Sanction of Tyrannical Monarchy) when the Characters of his Tyranny, presaged by Samuel, were veri∣fied in his aspiring into a great deal of absoluteness, espe∣cially in his cruel persecuting of David; not only the 600 men that were Davids followers stood out in open oppo∣sition to him, but in the end, being weary of his Govern∣ment, many brave & valiant men, whom the Spirit of God commends & describes very honourably, fell off from Saul, even while he was actually Tyrannising, before he was dead 1 Chron. 12. 1. &c. They came to David to Ziklag while he yet kept himself closs because of Saul the son of Kish (N. B. now he is not honoured with the name of King) they were armed with bows and could use both the right hand & the left. And of the Gadites, there sepa∣rated themselves unto David men of might fit for the battel, that could handle shield & buckler, whose ••aces were as the faces of lyons vers. 8. And the Spirit came upon Amasai chief of the Captains, saying, Thine are we David & on thy side thow son of Iesse. Here was a formed Revolt from Saul unto David before he was King, for after this he was made King in Hebron, and there could not be two Kings at once. Hence I argue, if people may separate themselves from and take part with the Resister, against a Tyrant; then they may disoune him (for if they oune him still to be the Minister of God, they must not resist him Rom. 13. 2.) But here is an example that many people did separate them∣selves from Saul and took part with the Resister David: Ergo—Here two of the first Monarchs of Israel were disouned, Abimelech & Saul.

3. The first Hereditary Successor was likewise disoun∣ed, as was hinted above likewise. The ten tribes offer to Covenant with Rehoboam, in terms securing their Rights & Liberties. They desired nothing on the matter, but that he would engage to rule over them according to the Law of God; To which when he answered most Tyrannically, and avowed he would Tyrannise over them, and oppress

them more than any of his Predicessors, they fell away from him, and erected themselves into a new Common-wealth 1 King. 12. 16. So when Israel saw that the King hearken∣ed not unto them, they answered, what portion have we in David? neither have we inheritance in the son of Iesse, to your tents O Israel, now see to thine oun house David 2 Chron. 10. 16. Now, however the event of this declared Revolt proved sorrowful, when they and their new King made defection unto Idolatry, yet if they had stated & managed it right, the Cause was good, justifyable, & commendable. For (1) We find nothing in all the Text condemning this (2) On the Contrary its expressly said, the Cause was from the Lord, that He might perform His saying which He spake by Ahijah 1 King. 12. 15. 2 Chron. 10. 15. And (3) When Rehoboam was preparing to pursue his pretended right, he was reproved & discharged by Shemajah, ye shall not go up nor fight against your brethren, for this thing is from me 1 King. 12. 24. 2 Chron. 11. 4. (4) Whereas it is alledged by some, that this was of God only by His providence, and not by His Ordinance; the contrary will appear, if we consider, how formally & Covenant-wise the Lord gave ten tribes to Ieroboam 1 King. 11. 35, 37, 38. I will take the Kingdom out of his sons hand, and I will give it unto thee, even ten tribes; And I will take thee, and thow shalt reign according to all that thy soul desireth, and shall be King over Israel; And it shall be, if thow wilt hearken unto all that I command thee, and will walk in my wayes and do that which is right in my sight, to keep my statutes & my commandments, as David my servant did, that I will be with thee & build thee a sure house, as I built for David, and will give Israel unto thee. Where we see, the Kingdom was given unto him on the same Terms & conditions, that it was given to David. He may indeed give Kingdoms to whom He wi••, by Provi∣dential grant, as unto Nebuchadnezzar and others; but He never gave them a Kingdom upon these Conditions, and by way of Covenant, that does alwayes imply & import His Word, Warrant, & ordinance (5) If we consider the

Cause of the Revolt, we will find it very just: for after the decease of the former King, they enter upon terms of a Compact with the successor, upon a suspensive condition, to engage into fealty & Allegiance to him as subjects, if he would give them security for their Liberties & Priviledges. A very Lawful, Laudable & necessary transaction, founded upon Moral equity, & upon the fundamental Constitutions of that Government, and suitable to the constant practice of their Predicessors in their Covenanting with Saul & David. As for that Word 1 King. 12. 19. So Israel Rebelled against the house of David: It is no more then in the mar∣gent, they fell away or revolted; And no more to be con∣demned, then Hezekiahs Rebellion 2 King. 18. 7. The Lord was with him, and he Rebelled against the King of Assyria. That was a good Rebellion. 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 King of their oun, when he resol∣veth to play the Tyrant, and rule them after his oun ab∣solute power; then it is a duty, when he actually playes the Tyrant, and by his absolute power overturns Laws & Religion, and claims by Law such a prerogative: But the former is true: Ergo—See Ius Pepuli vindic. chap. 3. Pag 52.

4. This same Ieroboam, when he turned Tyrant & Ido∣later, was revolted from and deserted by the Priests & the Levites, and after them out of all the tribes of Israel, by all such as set their heart to seek the Lord God of Israel; be∣cause that King, degenerating into Tyranny & Idolatry, had put them from the exercise of their office & Religion (as our Charles did, and ordained him Priests for the Devils & for the Calves: So they returned to Rehoboam, being in∣duced by his administration of the Government, which for a time was better then he promised, for three years he walked in the wayes of David & Salomon 2 Chron. 11. 13-17. Hence I argue, If Idolatrous Tyrants may be deserted, then they may be disouned; for when they desert them, they disoune them abroad, in coming under another Government; and if they may be disouned abroad, it is the same duty at home, though may be not the same Policy or Prudence.

5. Another example of the like nature we have in the reign of Baasha, who succeeded to Nadab Ieroboams son, whom he slew & reigned in his stead (the same way that the Duke came to the Throne) For he could not keep his sub∣jects within his Kingdom, but behoved to build Ramah, that he might not suffer any to go out or come in to Asa. King of Iudah, a good Prince, 1 King 15. 17. yet that could not hinder them, but many strangers out of Ephraim & Manasseh & Simeon fell to him in abundance, when they saw that the Lord his God was with him 2 Chron. 15. 9. Hence, If people may chuse another King, when they see the Lord is with him, then they may disoune their Country King, when they see the Devil is with him.

6. When Jehoram the son of Ahab reigned over Israel, we have an express example of Elisha's disouning him 2 King. 3. 14. 15. And Elisha said unto the King of Israel, what have I to do with thee?—As the Lord of hosts liveth, before whom I stand, surely were it not that I regard the presence of Jehoshaphat the King of Judah, I would not look toward thee nor see thee, Here he declares so much contempt of him, and so litle regard, that he disdains him a look. And if he would not regard him, nor give him honour, then he did not oune him as King; for all Kings are to be honoured, that are ouned to be Kings really. It may be alledged by some: that Elisha was an extraordinary man, and this was an extraordinary action, and therefore not imitable. I shall grant it so far extraordinary, that it is not Usual to carry so to persons of that figure, and that indeed there are few Elisha's now, not only for his Prophetick Spirit which now is ceased, but even in respect of his Gracious Spirit of zeal, which in a great measure is now extinguished: He was indeed an extraordinary man, and this Action did demonstrate much of the Spirit of Elias, to have been abiding with him. But that this was unimitable, these reasons induce me to deny. (1) Prophets were subject to Kings as well as others, as Nathan was to David (1 King. 1. 32, 33.) every soul must be subject to the higher powers that are of God (2) All the Actions of Prophets were not extraordinary, nor did they every thing by extraordinary

inspiration; that was peculiar to Christ, that He could Prophecy & do extraordinary acts when He pleased, be∣cause He received the Spirit not by measure, and it rested upon Him. (3) this particular Action & carriage was before he called for the Minstrel, and before the hand of the Lord came upon him vers. 15. Ergo this was not by inspiration. (4) The ground of this was Moral & Ordinary, for hereby he only shewed himself to be a person fit to abide in the Lords Tabernacle, and an upright walker in whose eyes a vile person is contemned, Psal. 15. 4. and a just man, to whom the unjust is an abomination Prov. 29. 27. What further can be aledged against this instance, I see not. And I need draw no Argument by Consequence, it is so plain.

7. This same Jehoram, after many signal demonstrations of the power of God exerted in the Ministry of His Servant Elisha, which sometimes did extort his acknowledgment and made him call the Prophet his father, 2 King. 6. 21. yet when in the strait siege of Samaria he was plagued with fa∣mine for his Idolatry, in so much that the pitiful Mothers were made to eat their oun tender Children; became so insolent a Tyrant, that being incensed into a madness of outragious malice against the Prophet Elisah, that he sware, God do so to him & more also if the head of Elisha the son of Shaphat should stand on him that day, accordingly he sent a messenger to execute it. But the Prophet, from a Principle of Nature & Reason & Law, as well as Grace, and by the Spirit of a man as well as of a Prophet, stood upon his defence, and encouraged those that were with him to keep out the house against him, saying, See ye how this son of a Murderer (a proper style for such a Monster of a King) hath sent to take away mine head ... 2 King. 6. 32. This is a strong Argument for self defence, but I improve it thus: If Tyrants may be opposed as sons of Murderers, & Murderers them∣selves, and no otherwise to be accounted then under such a vile Character, then can they not be ouned as Kings: But here is an example for the first: Ergo—

8. This mans brother in Law, of the same name, Iehoram the son of Iehoshaphat, who had the Daughter of Ahab to wife, and therefore walked in the way of the

house of Ahab, gives us another instance. He turned Apo∣state & Tyrant, and Abimelech-like (or if yow will York∣like) slew his brethren, and diverse also of the Princes of Israel; Moreover he made high places in the Mountains of Iudah, and caused the Inhabitants of Ierusalem to commit ••ornication, and compelled Iudah thereto: For which Cause of his intollerable insolency in wickedness, Libnah one of the Cities of Priests in Iudah, Revolted from him 2 King. 8. 22. because he had forsaken the Lord God of his fathers 2 Chron. 21. 10. which was the motive & impulsive Cause of their disouning him, and is not to be detorted to that restricted Cavil of Royalists, understanding it only as the Meritorous or procuring Cause of his punishment & loss sustained thereby; for it is not so said of the Edomites who revolted at the same time, as it is mentioned in another Paragraph; Neither of the Philistims & Arabians & Ethio∣pians, whose spirit the Lord stirred up against him; These were also a punishment to him: Nor would it found very suitably to be said, that they opposed him because he had for∣saken the Lord God of his fathers: for that would insinuate some influence that his Apostasie had on them, as certainly it could not but have on the Lords Priests that dwelt in Lib∣nah, who understood by the Law of God, what was their duty to do with Intycers or Drawers or Drivers to Idolatry: And when they were not in capacity to execute the Judge∣ment of the Lord, this was the least they could do, to Revolt. Here then is an example of a Peoples Revolt from a Prince, and disouning Allegiance to him because of Apostasie & Tyranny.

9. In this Kingdom of Iudah, after long experience of a Succession of Hereditary Tyranny in many wicked Kings, the people after they had long smarted for their lazie Lo∣yaltie in their stupid abandoning, forgetting, & foregoing this Priviledge of disouning Tyrants, and keeping them in order, began at length to bestir themselves in their en∣deavours to recover their lost Liberties, and repress Ty∣rants Insolencies on several occasions. Wherein, though sometimes there were extravagances, when Circumstances did mar the Justice of the Action, and some did go beyond

their sphere in tumultuary precipitations; yet upon the matter it was Justice, and in conformity to a Moral Com∣mand. One impregnable witness of this we have, in the pious Plot of Iehojada the Priest, who being but a Subject, as all Priests were (as the deposition of Abiathar by King Solomon 1 King. 2. 27. proveth) entered into an Association with the inferior Rulers, to choose & make a new King; and notwithstanding that the Idolatress & She-Tyrant Athaliab, who had the Possession of the Government, cried Treason, Treason at the fact, they had her forth without the ranges, & slew her 2 King. 11. 14-16. This was according to the Law Deut. 13. And approven by all Interpreters, even Mr Pool in his Synopsis Critic. though alias Superlatively Loyal, yet approves of this, and sayes, she was an incur∣able Idolatress, and therefore deserved to be deposed by the Nobles of the Kingdom: And quotes Grotius in Loc. saying [she reigned by meer force & no right, and therefore justly repressed by force, for the Hebrewes were to have Brethren for their Kings but not Sisters, Deut. 17. 15.] Hence if Tyrants may be forcibly repressed, then may they peace∣ably be disouned: But this example comfirms that: Ergo—

10. The Sacred History proceeds in the Relation, how this same Joash, the Son of Ahaziah, after he degenerated into Murdering Tyranny, was slain by Jozachar & Jehozabad 2 King. 12. 20, 21. But that was by his oun Servants in pri∣vate Assassination; therefore they are called Murderers by Amaziah his Son 2 King. 14. 5, 6. but upon the matter it was the Justice of God, which he deserved (if it had been duely execute) for the blood of the Sone of Jehojada the Priest 2 Chron. 24. 25. So Amon the Son of Manasseh, for his walking in the way of his Father in Idolatry & Tyranny, and forsaking the Lord God of his Fathers, was slain in his oun house by his Servants, who conspired against him; But though this was Justice also upon the matter, and consonant to the Command for punishing Idolaters & Murderers, yet because defective in the manner, and done by them that tooke too much upon them, in a perfidious way of pri∣vate Assassination & Conspiracy, therefore the People of the Land punished them for it 2 King. 21. 23. 24. But the

repressing & punishing of Amaziah is a more unexception∣able instance. The people made a Conspiracy against him in Ierusalem, and he fled to Lachish, but they sent after him to Lachish and slew him there 2 King. 14. 19. after the time that he turned away from following the Lord 2 Chron. 25. 27. Which was according to the Command Deut. 13. which hath no exception of Kings in it. This Action was not questioned either by the people, or his Successor, as the formentioned Conspiracies were. His son Uzziah suc∣ceeding, who did right & consulted the Lord (2 Chron. 26. 4, 5.) did not resent nor revenge his Fathers death; which certainly he would have done, by advice of Zecha∣riah who had understanding in the visions of God, if it had been a transgression. The famous & faithful Mr Knox doth clear this passage beyond Contradiction in his conference with Lithingtoun Hence I take an Argument a fortiori. If people may conspire & concur in executing Judgement upon their King turning Idolater & Tyrant; Then much more may they Revolt from him: But this example clears the Antecedent, Ergo.

11. The same power & priviledge of peoples punishing their Princes, was exemplified in the Successor of him last mentioned, to wit, in Uzziah the son of Amaziah, cal∣led Azariah 2 King. 15. when he degenerated into the am∣bition of arrogating a Supremacy, in causes Ecclesiast∣ick & Sacred as well as Civil, his heart was lifted up to his destruction, for he transgressed against the Lord his God, and went into the Temple of the Lord to burn Incense. In which Usurpation he was resisted by Azariah the Priest, and with him fourscore Priests of the Lord that were va∣liant men, who withstood him, and told him it did not appertain to him to take upon him so much, and bade him go out of the Sanctuary, or else it should not be for his ho∣nour. Which indeed he stomacked at as an affront, to be controled & resisted; but in thinking to resent it he was plagued of the Lord with leprosie; which the Priests look∣ing upon, they thrust him out from thence: And there∣after sequestred him from all Supremacy, both that which he had before in things Civil, and that which he was af∣fecting

in matters Sacred; for he was made to dwell in a Se∣veral house, being a leper, (the Law including (& here ex∣ecute upon) the King as well as the beggar) and to resign the Government into his son Jothams hands 2 Chron. 26. 16-21. Where it appears he was not only excommunicated by a Cere∣monial punishment, but also deposed Judicially. Whether he voluntarly dimited or not, it is to no purpose to con∣tend: its evident, that by the Law of God, the actual ex∣ercise of his power was removed, whether with his will or against it, it is all one; And that he was punished both by God and by men is undeniable. Yea in this, his punishment was very gentle, and far short of the Severity of the Law; for by the Law he should have been put to death, for in∣termedling with these holy things, interdicted to all but to the Priests under pain of death Numb. 3. 10. Numb. 18. 7. The stranger that cometh nigh shall be put to death: All were strangers that were not Priests. Whence I argue, If a Prince, for his Usurpation beyond his line in things Sacred, may by the Priests be excommunicated, and by the people deposed; then may a Prince, not only Usurping a Suprema∣cy (as Charles did) but an absolute power of overturning all things Sacred & Civil (as James doeth) & oppressing his sub∣jects in all their Liberties, be disouned, a fortiori, for that is less than deposing or dethroning: But this Example clears the Antecedent: Ergo—See Knox discourse to Lethingtoun: Lex Rex Quest. 44. §. 15. pag. 461. Ius popul. chap. 3. pag. 56.

12. What if I should adduce the Example of a Kings Re∣bellion against, and Revolt from a Superior King, to whom he & his Fathers both acknowledged themselves subject? Surely our Royalists and Loyalists would not condemn this; and yet in justifying it, they should condemn their beloved principle of uncontroled subjection to uncon∣trolable Soveraigns possessing the Government. Ahaz be∣came Servant to the Assyrian Monarch 2 King. 16. 7. yet Hezekiah his son, when the Lord was with him, and he prospered—Rebelled against the King of Assyria and he serv∣ed him not 2 King. 18. 7. Hezekiah was indeed a King: but he was not Sennacheribs King; he acknowledges himself his vassal, and that he offended in disouning him vers. 14.

which certainly was his sin against the Lord, to make such an acknowledgment: for if his Fathers transaction with the Assyrian was sin, then it was duty to break the yoke; if the Lord was with him in that rebellion, then it was his sin to acknowledge it to be his offence; And to make good this ackowledgment, it was certainly his sin to commit Sacriledge in robbing the House of God, to satisfie that Tyrant. By way of Supplement, I shall adde that instance of repressing a mad & furious Tyrant, which all will ac∣knowledge to be Lawful. Nebuchadnezzar was both strick∣en of God with madness, and for that was depelled from the Kingdom, according to the heavenly Oracle, The Kingdom is departed from thee and they shall drive thee from men, Dan. 4. 31-33. Calvin sayes upon the place, he was ejected as usually is done to Tyrants, by the Combination of the nobles & people, Pool Synopsis Critic. in Locum. Thus he was unkinged for a time, both by the just Judgement of God, and by the intermediation of the just Judgement of men; and could not be ouned to be King at that time, when his nails were like birds Clawes, and he could not tell his oun fingers: They could not oune him to be the Gover∣nour then of so many Kingdoms, when he could not Go∣vern himself. Hence, though this is an instance of Heath∣ens, yet because they acted upon a rational ground, it may be argued: If Kings, because of Natural madness when they cannot govern themselves, may not be ouned; Then also because of Moral madness, when they will not govern but to the destruction of Kingdoms, may not be ouned: But the former is true: Therefore also the Latter. The same reason against the Government of Asses, will also militate against the Government of Tygers, the first is more eligible then the last.

Fifthly, This may be confirmed from Several promises in Scripture.

1. There are many Gracious & precious promises of Reformation of the Magistracy, and Restitution of good Ru∣lers, as a great blessing from God to Mankind and to the Church Isai, 1. 26. I will restore thy Iudges as at the first, and thy Counsellors as at the begining, afterwrrd tho•• shalt he called

the City of righteousness. If Judges must first be restored before the City can be a City of righteousness, then they must be restored before we can oune the Government thereof: for that Government under which it cannot be a City of Righ∣teousness, cannot be ouned: since it is no Government but a Rebellion & Combination of Thieves, see vers. 23. I do not here restrict the promise, as it is a Prophecy, to its exact fulfillment, as if no Government were to be ouned but what answers this promise, of the restitution of the pri∣mitive order of Magistrats; but I plead, that when the Princes are rebellious & Companions of Thieves, the Go∣vernment is not to be ouned, till Judges be so far restored, as to reduce righteousness in some measure, which cannot be under Tyranny. And in the general I may plead, that none is to be ouned as a Magistrate but who some way is found in a promise; for there is no Ordinance of God, no duty, no blessing, no good thing, either to be done or en∣joyed, but what is in a promise: but Tyranny, or ouning of Tyrants, or subjection to Usurpers, is not nor cannot be in a promise. We have many other promises about Ma∣gistrates, as that the Lord will be for a Spirit of Iudgement to him that sitteth in Iudgement, Isai. 28. 6. A Tyrant cannot be capable of this happiness, nor we under Tyranny, nor any while they oune them. Kings shall be the Churches nursing Fathers and their Queens her nursing Mothers Isai. 49. 23. Kings are not alwayes so, but all Kings to be ouned are such as can be so, at least they are never to be ouned when they turn destroyers of what they should nourish: But Tyrants can never be Nourishers. It is promised to the Lords people, if they will hearken diligently unto the Lord, and keep the Sabbath, then shall there enter into their gates Kings & Princes Ier. 17. 24, 25. And if they will execute Judgement & righteousness, and deliver the spoyled out of the hand of the oppressor &c. they shall obtain the same blessing Ier. 23. 3, 4. But it is never promised, neither doth it ever come to pass in Providence, that these duties pro∣cured Tyrants. There are many other promises to the same purpose, from whence may be concluded, the Lord will not alwayes leave His people to houl under ineluctable

Tyranny, but will accomplish their deliverance in His oun time & way, though we are not to look to Miracles. Whence I argue. 1. Since all the Ordinances of God, & Rulers in a special manner, are appointed & promised as blessings, these cannot be ouned for His Ordinance, which are not Blessings but Curses. 2. That which would vacate & evacuate all the promises of Magistracy, cannot be a Doctrine of God: But this that obliges to oune Tyrants & Usurpers, as long as they are up, would vacate & evacuate all these promises of Magistracy: For except the Lord work Miracles (which are not in the promise) and do all without means, they cannot be accomplished. For if any means be used, they must be such as will infer disouning of Tyrants; for Magistrates cannot be restored except Ty∣rants be removed, and whatever way they be removed without Miracles, by others or their oun Subjects, they must still be disouned, and that before they be removed; for if they be to be ouned before, their removal, if they exist, cannot make them to be disouned: dispossession cannot take away their right, if they have it before.

2. There are many promises of breaking the yoke of Tyrants Isai. 10. 27. His burden shall be taken away from off thy shoulder and his yoke from off thy neck. And in that promise of the Churches deliverance & enlargment, wherein they are Prophetically urged & stirred up to some activity in coope∣rating with the providence, Isai. 52. 1, 2. they are called to awake & put on strength & their beautiful garments—and to shake themselves from the dust—and to rise and loose themselves from the bands of their neck, that were captives. Here is not only a promise of deliverance, or a ground of encourag∣ment what the Church may expect, but a promise of & direction for their being active in delivering themselves, as men, from the encroachments that were made on their humane Liberties, that they should loose themselves from these bands; Whose bands? from their bands that ruled over them, and made them to houl, and the Lords Name to be blasphemed (vers. 5.) Here's a promise of breaking the bands of Rulers, by them who houled under their sub∣jection. And it also includes a precept, that people should

not stay any longer under these yokes, than they can shake them off or slip from under them. Hence we see we are not to lie stupidly sleeping, or sinking in the Ditch, ex∣pecting the accomplishment of the promise of Deliverance, but are to endeavour actively, in dependence upon the Lords Assistance, to deliver our selves. Hence we may argue. 1. A promise by way of Command, that a people under bands of oppressing Rulers shall rouse themselves up to loose themselves from them, implies & infers a promise & a duty of disouning those Rulers (for otherwise they cannot be loosed from their subjection.) But here is a pro∣mise by way of Command, that a people under bands of oppressing Rulers shall rouse themselves up to loose them∣selves from them: Ergo—2. If the removal of Tyranny & Usurpation be promised as a blessing, then those can never be ouned to be the Ordinance of God; for the removal of that can never be a blessing: But in these promises we see, the removal of those is promised as a blessing: Therefore they can never be ouned.

Sixthly, To the same purpose we may cite some Threat∣enings, that will confirm the same Truth.

1. There are many Threatenings against Tyrants them∣selves. There are two mentioned Ier. 22. that seem patly to quadrate, and near of a piece, with our Misrulers; both because of the demerit of the Threatening, and the likeness of the Judgement Threatened. The ground of it was build∣ing their house by unrighteousness and their chambers by wrong vers. 13. And severally they are Threatened: Iehojakim with the burial of an Ass unlamented vers. 18, 19. Coniah with a life without prosperity, and a death without issue to succeed vers. 30. The first of these is verified in the Elder of our Royal Brothers, the last is like to be of both. But that which I take notice of is, first, the demerit, building their house by unrighteousness, on which Whitehall is built with a witness: and particularly it is noted of Iehojakim, as his Crimson sin (to which his Son Iehojakim or Coniah served himself heir) that he burnt Ieremia•• Roll, or Causes of wrath; So did our Dominators burn the Causes of wrath (a book written by the Commission of the General Assembly) and

the Covenants. Then I note these words vers. 15. Shalt thow reign because thow closest thy self in Cedar &c. It is certainly not fit for us to say, he shall reign, of whom the Lord sayes, he shall not reign: but when we oune the Authority of those whom the Lord threatens they shall not reign, we say, they shall reign: for we say, they have a rig••t to reign, and oune our selves obliged to do all that is required in our Ca∣pacity, to perpetuate their reign. There is a terrible Threatening against Zedekiah Ezek. 20. 25-27. Thow pro∣fane (or as some translate it; Thow worthy to be killed, Pool. Synops. Critic. in Locum.) wicked Prince of Israel—Thus saith the Lord God, Remove the Diadem, take off the Crown, this shall not be the same, exalt him that is low, and abase him that is high, I will overturn, overturn, overturn it, and it shall be no more untill he come whose right it is, and I will give it him. Than which nothing can be more applicable to our Princes, who are profane, and the patterns & patrons of it, whose Diadem the Lord will remove; and if He threaten it, ••wo to them that contribute to hold it on. We see here, a profane & wicked Prince threatened to be over∣turned must not be ouned, because he hath no right: But our Excommunicate Tyrant, is a profane & wicked Prince threatened to be overturned: Ergo—There is another dreadful Threatening against Tyrants Am••s 4. 1, 2. Hear this word ye Kine of Bashan, which oppress the poor, which crush the needy—The Lord God hath sworn by His Holiness, that lo the dayes shall come upon you••, that He will take you away with hooks, and your posterity with fish hooks. Shall we oune these, against whom the Lord hath engaged His Holiness by Oath so solemnly, that He will fish them with hooks? We may fear if there be such a tye as Allegi∣ance between them and us, that that same hook which fishes them may also catch us; as it is said of Pharaoh and his subjects, when he is hooked, then his fish stick unto his scales, and he & they are left in the wilderness Ezek. 29. 4, 5. that is as Grotius expounds it, whoever are of his Community shall be consorts in his Calamity, Pool Critic. in Locum. If we

then oune them we must be of their Community, and so partake of their Judgements.

2. There are many Threatenings against illimited Loy∣altie, and those who had more of that than Religion: for this Ephraim was broken in Judgment, because he willingly walked after the Commandment Hos. 5. 11. And because the Statutes of Omri were kept, and the works of the house of Ahab, therefore the Lord threatens to make them a de∣solation Mic. 6. ult. And among other Threatenings against the men of such universal Loyaltie, that is notable Hos. 10. 3. Now ye shall say, we have no King, because we feared not the Lord, what then should a King do to us? It is the just punishment of wicked Loyalty, that prefers the fear & favour of Kings to the fear & favour of God, that at length they are brought to that pass, that either they have no Kings at all to look to, or else they have such of whom it may be said, they are no Kings in effect, for they cannot act the part of Kings to them that trust in them. Hence. 1. If to have really no Kings be a punishment, then such Kings as are a punish∣ment cannot be ouned to be Kings; for to have them can∣not be a punishment, if the want of them be a punishment. 2. If those that have the name of Kings, that can do no good, be no Kings; Then Tyrants that can do no good but a great deal of hurt, must be reckoned no Kings also: But here its threatened, people that had Kings, that had the name but could do no good, should reckon they had no Kings: Therefore much more may Tyrants be reck∣oned to be no Kings, who can do no good but a great deal of hurt.

Seventhly, This Truth is confirmed from Scripture Pray∣ers: Whereof there are many against Tyrants, none for them. Hence we argue, If we are not to pray for Tyrants then we are not to oune them; for we are to pray for all that are in Authority 1 Tim 2. 2, But we are not to pray for Tyrants: Ergo we are not to oune them. The Minor now must be proved. And this leads me to another subordinate Question, which hath also been a head of suffering to some serious Seekers of God in our Land of late.

The profane Emissaries of this and the late Tyrant, sent

out with bloody Commissions to hunt after the Lords hidden Ones, in order to murder all whom they might meet with, that made Conscience of adhering to every part of the present Testimony; among other trapping Questions to discover their prey, they used to put this to them as a discriminating Shibboleth, and Tessera of ouning the present Tyranny, will yow say, God save the King? And for refusing this, many have been cruelly murdered in the Fields; And many before their bloody Judicatories, have for this been arraigned & condemned, & executed to the death. Wherefore to this somewhat must be said. 1. By way of Concession. 2. By way of Vindication, of Scrupling it and Suffering upon it.

First, In the General, it will be necessary to premit by way of Concession. 1. It is duty to pray, supplicate, & inter∣ceed for all men 1 Tim. 2. 1. not Collectively considered, nor Distributively for every one universally without ex∣ception, but indefinitely & indiscriminately, pro generibus singulorum for all sorts & sexes, of whatsoever Nation or Religion, Iew or Gentile, Christian or Infidel, not excluding any for these distinctions: And not only so, but pro singulis generum also Conditionally, if they be among those all whom the Lord will have to be saved vers. 4. If they be among those all for whom the Mediator gave himself a ransome to be testified in due time vers. 5, 6. If they have not sinned the sin unto death, for which we are not bidden pray 1 Iohn. 5. 16. Which, because we know not particularly who are guilty of it, Charity will oblige us to take into our Prayers many that may never be the better of them; Yet it is necessary that we pray in Faith, for what, or whomso∣ever we pray; at least, if I may so call it, we must have a negative Faith, a belief that they have not sinned that sin unto death; which we cannot have of all, there being some whose demonstrations of desperate displayes of affronted wickedness, and hatred of Godliness, may give ground to doubt of it, as Christians had of Iulian the Apostate. 2. We are obliged to love our Enemies, to Bless them that Curse us, to do good to them that hate us, to pray for them that despitefully use & persecute us Math. 5. 44. Accordingly Our

Master, who commanded this, did give us a Pattern to imitate, when He prayed, Father forgive them for they know not what they do Luk. 23. 34. And His faithful Martyr Stephen, prayed for his Murderers, Lord lay not this sin to their charge, Act. 7. ult. We are to pity them, and not to seek venge∣ance against them, for any injuries they can do to us. Yet, as this doth not interfere with a holy & zealous Appeal to God, for righting & resenting & requiting the wrongs done to us, that He may vindicate us & our Cause, and make them repent of their injuries done to us, to the Glory of God, and Conviction of Onlookers, and Confusion of themselves, which may well consist with Mercy to their Souls: So all we can pray for them in their opposition to us, is in order to their repentance, but never for their prosperity in that Course. And we may well imitate, even against our enemies, that prayer of Zecharia's, The Lord look upon it and require it 2 Chron. 24. 22. But we are never to pray for Christs stated Enemies, as to the bulk of them, and under that formality as His Enemies: for we must not love them that hate the Lord 2 Chron. 19. 2. but hate them, and hate them with a perfect hatred, Psâl. 139. 21, 22. We are to pray for the Elect among them, but only to the end they may escape the vengeance, which we are obliged to pray for against them. 3. We are not to exsecrate our enemies, or use imprecations against any, out of blind zeal, or the passionate or revengefull motions of our oun hearts: Our Lord rebuked His Disciples for such preposterous zeal Luk. 9. 55. Ye know not what manner of Spirit ye are of. But against the Stated & Declared Enemies of Christ, as such & while such, we may well take a pattern from the imprecatory Prayers of the Saints recorded in Scripture; such as do not peremptorly determine about the eternal State of particular persons: which determinations, except we be extraordi∣narly acted by the same Spirit, whose Dictates these are, are not to be imitated by us. We find several sorts of Im∣precations in the Psalms, & other Scriptures: Some are imitable, some not: Some are Propheticall having the force of a Prophecy, as Davids Psal. 35. 4. Let them be confounded —that seek after my Soul—Let Destruction come upon him

Psal. 55. 15. Let them go doun quick to hell. And Ieremiah chap. 17. 18. Let them be confounded that persecute me—destroy them with double destruction. Without this Prophetical Spirit, de∣termining the application of these threatenings to particular persons, we may not imitate this peremptoriness. Some are Typical of Christs Mediatory devoting His Enemies to destruction; who as He interceeds for His friends, so by virtue of the same Merits (by them trampled upon) He pleads for vengeance against His enemies: Which Me∣diatory vengeance, is the most dreadful of all vengeances (Heb. 10. 29.) So also Psal. 40. He whose ears were opened, and who said lo I come—vers. 6. 7. that is Christ) does imprecate shame & Confusion & desolation vers. 14. 15. As also Psal. 109. the Psalmist personates Christ, complaining of & imprecating against His enemies, particularly Iudas the Traitor vers. 8. It must be dreadful to be under the dint of the Mediators Imprecations; And also dreadful to clash with Him in His Intercessions, that is, to apprecate for them against whom He imprecates, or pray for them against whom He intercedes. But some Imprecatio••s against the enemies of God, are imitable such as proceed from pure zeal for God, and the Spirit of Prayer, as that Psal. 109. ult. Put them in fear O Lord that the Nations may know themselves to be but men. Psal. 83. 16.—fill their faces with shame that they may seek thy Name. This is to be imitated in general against all the enemies of God Psal 129. 5. Let them all be confounded that hate Zion; without condescending on parti∣cular persons, except obviously & not odiously desperate, & presumptively Christs implacable Enemies. 4. Touching Magistrates it is a great duty to pray, that God would give us Magistrates, as He hath promised for the Comfort of His Church Isai. 1. 26. Isai. 49. 2. Ier. 30. 21. Promises should be motives & foments of Prayer. We ought to pray against Anarchy as a Plague, and with all earnestness beg of God, that the mercy of Magistracy may aga••n be known in Brittain, of which it hath been long deprived. 5. And when we have them, it is a necessary Duty to pray for them; for Kings and for all that are in Authority, that we may lead a quiet & peaceable life in all Godliness & honesty 1 Tim. 2. 2.

Where it is specified, what sort we should pray for, and to what end. As we are not to pray for all men absolutely; for some, as they are declared to be out of the precincts of of Christs Mediation, so they must be out of our Prayers: So there may be some in actual Rule, that may be excepted out of the verge of the Christians Prayers, as was said of Iulian the Apostate. But he that is a Magistrate indeed, and in Authority, the subjects are to pray and to give thanks for him, not as a man meerly, but as a Magistrate. Yea though they be Heathen Magistrates, Ezra. 6. 10. We may pray for all in Authority, two wayes; As Men, & as Kings. As Men, we may pray for their Salvation, or Conversion, or taking them out of the way, if they be ene∣mies to Christs Kingdom, according as they are stated; and upon Condition, if it be possible, and if they belong to the Election of Grace. Though for such as are opposites to the coming of Christs Kingdom, as it is a contradiction to the second petition of the Lords Prayer [Thy Kingdom come] So in the experience of the most eminent wrestlers, they have found less faith & less encouragement in praying for them, than for any other sort of men. It is rare that ever any could find their hands, in praying for the Conversion of our Rulers. And though we pray that the Lord would convince them, yea & confound them, in mercy to their souls; yet this must never be wanting in our Prayers for Tyrants, as men, that God would bring them doun, and cause Justice overtake them, that so God may be Glorified, and the Nation eased of such a burden. But if we pray for them as Kings, then they must be such by Gods approba∣tion, and not meer possessory Occupants, to whom we owe no such respect nor duty. For whatever the Hobbists, and the time-serving Casuists of our day, and even many good men (though wofully laxe in this point) homolating both Doctrinally & Practically their heathenish notions, say to the contrary; I hope it be in some measure made out, that Tyrants are no more the Ordinance of God, nor to be ouned as His Ministers & Vicegerents, than the Devil the Prince of this World for the Lords Anointed, or Baals Priests for true Ministers. If we pray for them as Kings,

we must pray for their peace, prosperity, & preservation, that their Government may be blessed with success, their designs not frustrated, nor their desires disappointed. This we cannot pray for Tyrants. 6. Albeit we may pray for the Peace of the Nation, and for the Government thereof, so far as it may conduce to our oun & the Churches Tranquili∣ty, that we may live a peaceable & Godly life under it; yet this cannot be extended to the peace of Tyrants, for whom the best Prayer that we can bestow is, that the Lord would bridle & restrain them, that they may not m••r the Churches peace. That Command, Ier. 29. 7. Seek the Peace of the City, whither soever I have caused yow to be carried Cap∣tives, and pray unto the Lord for it, for in the peace thereof shall yow have peace, is apparent to have been but of a temporary nature, upon occasion of their Captivity there, until the 70 years should be expired, having it also declared by God, that their oun peace was bound up in that of Ba∣bylons: For after that time they are taught the contrary car∣riage towards that City, to depart, and pray against it, and exult & rejoice in its ruine; O Daughter of Babylon, happy shall he be that rewardeth thee as thow hast served us, that dasheth thy litle ones against the Stones, Psal. 137. 8, 9. The voice of them that flee out of the Land of Babylon, to de∣clare in Zion the vengeance of the Lord, the vengeance of His Temple Ier. 50. 28. And Ier. 51. 35. The violence done to me and to my flesh be upon Babylon, shall the inhabitant of Zion say, and my blood be upon Chaldea, shall Ierusalem say. Certainly this is not the season to seek the Peace of Misti∣call Babylon, but to pray for the destruction thereof and all its supporters: Which we cannot do, if we pray for them that improve, imploy, & apply all their power to support it, lest we pray contradictions; as many do, who pray against Babels brats and yet pray for the King: but the Com∣fort is this, that Nonsensical Prayers will do litle good, litle hurt, but to themselves that pray them.

Secondly, To vindicate the Scruplers & Refusers of such Compelled & extorted Devotion, in praying for Tyrants, I shall offer these Considerations.

1. The imposed form of it (which as it is found in the Original from whence it is taken, is only Paraphra∣stically expounded, God save the King; and most Catechre∣stically applied to Tyrants, being in the native sense of the words of this signification, Let the King Live; which is a very improper Wish for men of death, of whom God sayes, they shall die, and the Law sayes, they should die, for their Murders & Capital Crimes) must be taken either as an Adulatory Complement; or a Congratulatory ho∣nour; or a precatory benediction. The first, as it is ex∣torted most illegally, so it can be rendered neither Civilly, nor Sincerly, nor Christianly: but all ingenuus men would think it a base imposition, to be forced not only to subject themselves to their Tyrannical Oppressors, but to flatter them as if they were not such. Whatever they may force the mouth to speak dissemblingly, they can never com∣pell the heart to think, such wishes are due to them; and so they can never be Cordial, nor consistent with Can∣dor; and to interpose the Holy & Dreadful Name of God, in a dissembling Complement, to flatter base men, is a horrid mocking of God, and a heinous taking His Name in vain, contrary to the Third Command. If it be a Congratulation (as alwayes it is used in Scripture, and in all cases formerly; being never imposed on men by way of Compulsion, before this sett of Tyrants started up, that know they can get no deference of honest men, but by extortion) It is the more abominable; not only for the Hy∣pocrisie that is in it, but the Blasphemie, in giving thanks for the Promoter of the Devils Interest, and the Destroyer of Christs, and the Liberties of Mankind. What have we to Congratulate him for, but for overturning our Laws & Liberties, and oppressing us in most grievous Tyranny? Besides to give the vilest of men when exalted any Congra∣tulatory honour, is contrary to the fifth Command, as is shewed above. And it were a forsaking of the Law, thus to praise the wicked, since they that keep the Law will contend with them Prov. 28. 4. If it be a Benediction, we cannot bestow it upon one whom our Father Curses, our Mother Curses, and all our Brethren. It is no less pre∣posterous

to bless whom the Lord declaredly Curses, than to Curse whom he blesses. The Curse of the Lord is in the house of the wicked Prov. 3. 33. we cannot then bless that house. Nor can we bless them that our Mother curses, and cries for vengeance against, as she did against Nebuchad∣nezzar Ier. 51. 34, 35. Nor them against whom the blood of our dead Brethren hath a Moral Cry, How long O Lord holy & true doest thow not Iudge & avenge our blood, Revel. 6. 10. And the vexed Spirits of our Brethren, yet houling under the same yoke, are puting up before the Throne of Grace, the same continued Cry, with incessant importunity, How long how long shall the wicked triumph how long shall they break in pieces thy people? O God to whom vengeance belongeth? Psal. 94. 1-4. Yea God hath said it, and we must not contradict it in our practice, against all Tyrants that wrest Judgement, and say unto the wicked thow art righteous, him shall the people, curse Nations shall abhor him, Prov. 2. 24. And this must stand registred as the everlasting Claise of all Zions haters, to which all her Lovers must say, Amen, that they shall be as the grass upon the house tops and never have the benefit of the Churches benediction Psal. 129. 8. Neither do they which go by say, the blessing of Lord be upon yow, we bless yow in the Name of the Lord. This one word may be a sufficient Supercedeas from blessing any of the enemies of God, or of the Church, while acting in a declared opposition to God for the destruction of His people & interest.

2. Either this—Save the King, as they mouth it, and demand the repetition of it, is a Prayer; or it is not. If not, it must be a dreadful profanation of the name of God, to be commanded to speak to Him, and yet not to pray. If it be a Prayer, we would expect another way of dealing with us, if rhey really desired the benefit of our Prayers, than a threatening us with death if we did it not. And if they did desire it as Darius did, that we might offer sacrifices of sweet savours unto the God of Heaven, and pray for the life of the King and of his sons Ezra. 6. 10. we could not refuse to pray for him, so far as might consist with that Prayer of the same Darius, in that same decree vers. 12. that God may destroy all Kings & people, that shall put to their hand to alter and destroy

the House of God. We can pray no Prayer inconsistent with this, And to pray that God would save this King, and yet destroy all Kings that put to their hand against His House, were to pray Contradictions. But they know they deserve no Prayers, and must force them if they get them. And all the world knows, that Compelled Prayers are no devotion; and if they be no devotion, they must be sin: Imposed Prayers, are not the Prayers that God will hear & accept; And if we have not the faith of acceptance in them, they must be sin, for whatever is not of faith is sin, Rom. 14. ult. All Prayers which God will hear, must proceed from the heart volun∣tarely and fervently, in Spirit & in Truth, with the whole heart. But imposed & compelled Prayers cannot be such; especially when they are not only by them imposed, but prescribed as to the form of them. Which sets and formes prescribed by men, and such men as usurp a Supremacy over the Church, cannot be subjected to, according to the Word of God, and the Principles of our Reformation.

3. That infallible Proposition of the Apostle, Whatsoever is not of faith is sin, must be urged yet a litle further: And that with a reference, both to the Person required to be prayed for, and to the matter of the duty more generally. First if we cannot pray for this man, neither as a Christian, nor as a King, then we cannot satisfie this imposed demand; for it will not satisfie to pray for him as a Heathen: But we cannot in faith pray for him, either as a Christian, or as a King▪ Not as a Christian; for besides that he is an excom∣municate Apostate (by a sentance which we beleeve stands yet rate in Heaven, Pronounced by a faithful Servant of Christ) and a Papist, which as such can no more be prayed for than the Pope as Pope;; for whom, and all the limbs of Antichrist; the only prayer that Protestants can pray, is, that the Lord would consume him with the Spirit of His Mouth and destroy with the brightness of His coming 2 Thess. 2. 8. (we cannot reconcile the prayers of some, that pray against the Pope and his supporters, and upholders of his tottering Kingdom, and yet for this his Antichristian vassal) His rage & resolution in prosecuting a war against Christ and His followers, is such, that if we may make Compari∣sons,

our faith will have litle more ground to pray for Iames, than Christians of old could find for Iulian, the the Apostate. Nor as a King, for that we cannot do, because he is none with Gods approbation, and may not do, for a very heathen could teach us to pray, that God would destroy all Kings that put to their hand to alter & destroy the House of God, Ezra. 6. 12. And besides, in the Se∣cond place, with respect to the matter of the duty in ge∣neral: That cannot be in faith which wants a warrant in the Word, either by precept, promise, or practice: But to pray for wicked Tyrants & Enemies of God, wants a Warrant in the Word, either by precept, promise, or practice. There is no precept for it, either General on particular, neither express, nor any to which this is reduc∣ible. And who dare adde without a precept in the Wor∣ship of God, either for matter, or manner, or end, what He hath not commanded? for such presumption; Nadab & Abihu were destroyed Levit. 10. 1, 2. because they did that which the Lord had not commanded. What Command can there be for praying for that, which is against the preceptive Will of God? But it is against the preceptive Will of God, that there should be Tyrants: Therefore to pray that these may be preserved in the World, cannot fall under a Com∣mand of God. There is no promise for it, which is the fo∣ment & foundation of Prayer: We can pray for nothing that we have not a promise for, either General or Parti∣cular: But we have none, nor can have any, for the pre∣servation of a plague to us, as Tyrants are. There is no Practice for it in Scripture, to pray for Kings that put to their hand to destroy the House of God. Samuel did indeed mourn for Saul▪ but the Lord reproved him for it, How long wilt thow mourn for Saul, seeing I have rejected him from being King over Isrrel? 1 Sam. 16. 1. belike this reproof was for his praying for Sauls preservation as King, for other∣wise we may mourn for wicked wretches, for their sin & Miserie both. But hence, if the Lord reprove His Serv∣ant for mourning for a King whom He disoun••d, then we may not pray for such a King whom the Lord disounes, as He disounes all Tyrants, for they are set up & not by Him!

But the Antecedent is true in that example of Samuel: Therefore also the Consequent, that we may not pray for them as Kings, whom the Lord disounes.

4. Moreover to confirm this yet further: That Prayer is not of Faith, and so sin, which is contrary to the Pre∣cepts of God, and his promises, and the practices of the Saints: But praying for wicked Kings their preserv∣ation, is contrary to these precepts, promises, & practices &c. Ergo—It is contrary to some Divine precepts, both Affirmative, & Negative. There is an Affirmative precept, prescribing what Prayer should be used under the Domination of Tyrants, that they should weep and say, Spare thy people O Lord, give not they Heritage to reproach, that the heathen should rule over them, wherefore should they say among the people where is their God Ioel. 3. 17. If it be a reproach to be under Heathen Rulers, and if we should pray that they may not Rule, but that Our God may shew Himself where He is, and who He is, in delivering His people from their Domination; Then it is contrary to this, to pray for the preservation of Tyrants, that do rule over them to their destruction & reproach: For it is contradictory to pray, that they may not Rule, and that they may be preserved in Ruling. There is a negative pre∣cept, prohibiting the salutation of Hereticks and Enemies of the Gospel, which will condemn this salutation of He∣retical Kings: for in the Original God save the King is no more than a solemn salutation, or apprecatory Wish that he may prosper. 2 Epist. Iohn. vers. 10, 11. If there come any—and bring not this Doctrine—neither bid him God speed, for he that biddeth him, God speed, is partaker of his evil deeds. God speed, in the Greek, is the same with God save, in the Hebrew. If then we must not say, God save a Heretick, neither must we say God save an Hertical King, or a Popish Tyrant, a sworn enemy to the Gospel of Christ, and the coming of His Kingdom. This is also inconsistent with that Rule & Direc∣tory of our prayers, commonly called The Lords prayer, not only because it cannot be reduced to any of its petitions (which are comprehensive of all that we are warranted to

pray for) but because it is contradictory to the Second which is, Thy Kingdom come. The Coming of Christs Kingdom in our Land cannot consist with the preservation of the Tyrants reign, which is Satans rule: for Antichrists •• Satans King∣dom, and Christs, cannot be promoted both at once. It may be also demonstrated, that it is inconsistent with all the petitions of that perfect form of prayer. With the first, Hallowed be thy Name; for when they who rule over His people make them to houl, then His Name continually every day is Blasphemed Isai, 52. 5. yea much profaned in the frequent repeating that imposition. With the Second, Thy Kingdom come for when He takes unto Him His great power & Reigns, then is the time He, will destroy them that destroy the earth, Revel. 11. 17, 18. It is against the third, Thy will be done—for it is against His preceptive will that there should be a Throne of iniquity, it shall not have fel∣lowship with Him; as it would have, if according to His will. And therefore Habbakkuk pleads from the Lords Ho∣liness & Righteousness against Tyrants, Habbak. 1. 13, 14. It is against the fourth, Give us this day our daily bread, to pray for them that rob us of it, whom the Lord hath set over us for a plague, to domineer over our bodies, and all the means of life Neh. 9. 37. The Saints there make a Com∣plaint of Kings, and pray to remove them, not to save them: The Church also prayes agains•• base Rulers on this account, because under them they get their bread with the peril of their lives Lam. ••. 8, 9. It is against the fifth, Forgive us our debts or sins; for if we pray for taking away the guilt of sin, we must also pray for removing the punishment; whereof this is one, to be under Tyrants: And if it be sin which brings on such a judgment, then it is sin to pray for the keeping of it on & continuing thereof: And though we should forgive their sin against us, yet we ought to com∣plain against their sins against God, and the Church, in defiling it, & shedding the blood of the Saints Psal. 79. 1-7. It is against the sixth, Lead us not into Temptation and deliver us from evil: for their Government is a continued tract of Temptation, they being a snare on Mizpah & a net spread upon Tabor Hos. 5. 1. And if we pray to be delivered

from all evil, then we must pray to be delivered from Ty∣ranny, which is a great evil. It is against the Conclusion also for thine is the Kingdom—& Glory: Tyrants being stated in opposition to the Glory of God. Again, in the next place, it is against many promises of giving good Ru∣lers, and of breaking the yoke of Tyrants (as I cited se∣veral above) Neiether of which can consist with the pre∣servation of Tyrants, if such a Prayer should be answered according to the idol of the heart of the supplicants: for if God should save this man as long as we may pray for him as a King, then all the promises of a Change & Revolution are precluded. Lastly, it is contrary to the constant tenor of the Saints prayers against theé Enemies of God. Debo∣rah prayed upon the destruction of a Tyrant, So let all thine enemies perish O Lord Iudg. 5. ult. Iotham prayed against that bastard King, let fire come out from Abimelech & devour the men of Shechem, and—let fire come out from the men of Shechem & devour Abimelech, Iudg. 9. 20. David prayes against Saul, whom he calls Cush the Benjamite in the title of Psal. 7. alluding to Kish his Father, or because he was no better than an Ethiopian a Cushite Amos 9. 7. and could no more change his manners than an Ethiopian can change his skin Ier. 13. 23. See Pool Synops. Critic. in Locum. Where it is proven that this was Saul; against him he prayes that the Lord would awake to Iudgement Psal. 7. 6. and that He would break the arm of the wicked and the evil man Psal. 10. 15. that He would not slay them (to wit suddenly or in a common way) lest the people forget, but scatter and bring them doun and consume them in wrath, that they may not be, that it may be known God ruleth in Iacob to the ends of the earth Psal. 59. 11, 13. This is a Psalm against Dogs vers. 6. what Dogs? Saul and his men watching David, See the Title. As also it is against Saul that he prayes, that the Lord would not grant his desires nor further his devices, and as for the head of them that compassed him about (which was Saul) let the mischief of their oun lips cover them Psal. 140. 8, 9. There is also a prayer that the Saints may execute vengeance & the judgement written upon Tyrants,

and bind them with chains Psal. 149. 7, 8, 9. The Church is brought in praying for vengeance against the Babylonian Tyrant, Nebuchadnezzar the King of Babylon hath devour∣ed me—the violence done to me and my flesh be upon Babylon shall the Inhabitant of Zion say Ier. 51. 34, 35. Paul impre∣cates any man that does not love the Lord Jesus, let him be Anathema Maranatha 1 Cor. 16. 22. and sure no Tyrant, persecuter & subverter of Christs Kingdom, can be a Lover of Christ. The Martyrs under the fifth seal slain for the Word of God, and the Testimony which they held, are brought in crying against the Tyrants that murdered them, How long! O Lord, Holy & True, dost thow not judge & aveange our blood, Revel. 6. 9, 10. Which though it be to be under∣stood of a Moral Cry of blood, as Abels blood cried against Cain; yet ought to be a pattern of our prayers against such Bloody Enemies, imbrewing their hands in the blood of our Brethren, for which we ought to pray that the Lord would haste to make inquisition. Durham Observes from this place, that Gods people in a holy way may pray for vengeance upon persecuters.

5. Let us consider the person & matter, for whom and for what this prayer is extorted. Either it is for the personal salvation of Iames the Papist: or the Royal preservation of Iames the Tyrant. It will not satisfie to pray, that if it be possible, and if it were the Lords will, he might be taken to Heaven, that so we might be quit of him. Neither were it Lawful to pray that, except we prayed first, that he might repent of this his wickedness, if perhaps it might be forgiven him, as Peter directed Simon M••gus to pray for himself Act. 8. 22. for it is unlawful to pray for the salva∣tion of a Papist, except upon supposition of his repentance & relinquishing Poperie. We must pray nothing but ac∣cording to the Wil of God; and it is not the Wil of God, that they that have & keep & will not part with the Mark of the beast, should be saved, for he is adjudged of God to drink of the wine of His wrath Revel. 14. 9, 10. So we cannot pray for him as a Christian, which he is not; Nor as a Pa∣pist, except that he may get repentance. Nor can we pray for him as a King, which he is not; nor as a Tyrant, ex∣cept

that he may repent of & relinquish his Tyranny & Usurpation: for Tyrants as such cannot be saved, no more than Papists as such; for Tophet is ordained of old yea for the King it is prepared—Isai. 30. 33. We cannot then pray for his salvation, except we pray for his repentance, and relinquishing all his sins, and so we must pray for his re∣linquishing his Kingship, and that he may cease to be King; for that is his sin, that he hath made himself King without God, and against the Laws of the Land. And now whil•• he continues such, we must complain in prayer, not for his Misgovernment only, but for that he Governs, and desire to be delivered from him. See Gees Magistrates Origi∣nal pag. 258. But now considering what a Man, and what a King he hath been, guilty of Murder, Adulterie, Idola∣trie, under sentence of the Law both of God & Man; We can pray no otherwise for him, than for a Murderer, Adul∣terer, or an Idolater. We cannot pray for him as Cloath∣ed with Authority, or that the Lord may bless his Govern∣ment for that is his sin & our Miserie that he is a Gover∣nour: And his Throne is a Throne of iniquity, which we dare not pray may have fellowship with God. Can we pray that God would bless him on a Throne of iniquity? Could we pray, that the Lord would bless a Drunkard in his drunkenness, abusing his enjoyments? Or a Thief in Stealing his, though he used his purchase never so sober∣ly? What if prevailing Robbers by Land, or pyrats by sea, preying upon all passengers, should require this as the sign of subjection to them, and only condition whereupon such as they apprehended & overcame should be suffered to live, that they should pray for preservation & prospe∣rity to them? Would not this be wickedness thus to pray for Thieves & Robbers? And are not Tyrants the greatest of Thieves, that rob & destroy twenty for one of private Robbers? And do they not require this as such a sign on such a Condition?

6. Lastly, then the plea will be reduced to this, that it is exacted as a Badge of Loyaltie, and Sign, Tessera, & Sbibboleth of ouning the Authority. Which I have at this length endeavoured to prove, cannot be conscienciously

Ouned by us, in these circumstances. And even by this Argument: That Authority which we cannot pray for we cannot oune: But we cannot pray for this Tyrannical Au∣thority: Ergo—The Minor I trust is in some measure made manifest, by what is said above. And so I conclude this Head, with that forme of prayer, that I use for the King. O Lord God to whom vengeance belongeth, shew thy self; lift up thy self thow Iudge of the Earth, render a reward to the proud. Lord how long shall the wicked? how long shall the wicked Triumph? Shall the Throne of iniquity have fellowship with thee, that Frameth Mischief by a Law? The Mighty & Terrible God, destroy all Kings & people, that put to their hand to alter & destroy the House of God. Over∣turn, Overturn, Overturn this Throne of Tyra••ny, and let it be no more, until he come whose right it is.

HEAD III. The Refusing to Swear & Subscribe the many unlawful imposed Oaths, for which many have suffered great Cruelties; Chiefly that of Abjuration which was the Cause of Several their Suffering to Death, Vin∣dicated.

ANother Great Head of Grievous Sufferings in this fatal Period, hath been, that during this Stated War between Christ and His Enemies in Scotland, He hath no wanted Witnesses, who in their Wrestlings for the Word of God and the Testimony which they held, thought it their duty to refuse all illegally imposed & wick∣edly

required Transactions with His Declared Enemies, and tampering any manner of way with them, in taking or subscribing any of their conscience-conzening Imposi∣tions of deceitful & destructive Bonds & Oaths, obtruded by men who have cast off all sense of a Deity or regard to Humanity, upon the Consciences of poor people, to de∣bauch them and cast them doun from the only excellency, or integrity, that was left them: Whereby (though they have missed of their design as to some, who through grace have escaped the snares of these fowlers, and in resisting have overcome through the blood of the Lamb) they have prevailed to inveigle the Generality, even of the Professors of this Generation, into such a degree of defection & wretched Complyance with all their snares, that as it Prog∣nosticates universal desolation ineluctable (if it be not prevented by Repentance, as universal as the Complyance hath been) So it proclaims the infamy of the Complyers perjurie, as indeleble as their perfidie with whom they have complyed. The Consideration of which woful A∣postacie, in its various steps by which it hath been propo∣gated & promoted, ought to deter & demur all the fearers of God, that would not partake of its threatened punish∣ment, from venturing any more to come near the brink, or border of such precipices, and paths of the destroyer, when so many have stumbled, & fallen, & been hooked, & snared, & taken; yea not so much as to look near them, lest they be left to follow their look, but to stand aloof from every appearance of Transacting with these Man-Catchers, yea Conscience-Catchers, who are so cunning to ensnare & destroy; as their predicessors, to whose sins & Judgments also they serve themselves heirs, are describ∣ed by the Holy Ghost Ier. 5. 26.—29. They lay wait as he that setteth snares, they sct a trap, they catch men—their houses are full of deceit, therefore they are be∣come great & waxen rich—shall I not visite for these things saith the Lord? Many and manifold have been the snares, traps & gins, laid in the way of Professors of this Generation & Nation, by these Mischief-hatchers, these

keen & cunning persecuters, the party now regnant or rather raging, in madness & malice against Christ and all that are Loyal & zealous for His Interest against their En∣croachings thereon; Where by they have caught & cozen∣ed many out of their Conscience, & have broken the neck of some, the Peace of others, & the heart of not a few. Yea no Nation can be instanced, wherein so many Oaths & Bonds, have been imposed on peoples Consciences, so nawseating for naughtyness & number as well as noxious in their na∣ture, in an Age, as have been in Scotland within these 27 years past; on design to wast all remainder of Conscience, or sense of Religion among people, that so having worn out the awful impression of it, they might introduce what they would, upon a people involved in the same Apostasie with themselves: And either to incorporate all with them∣selves in the same Combination against the Lord, or to exstirpate all Dissenters, who should discover any tender∣ness of Conscience, in not going along with them in the same excess of riot. And to the end they might have the greater concurrence & countenance, with the help of hells Policy, they contrived them in such terms, as might engage many to take them, and load the Recusants with odious obliquies, either as silly Scruplers, or seditious Schismaticks, or Rebells. For this hath been all alongs their grand project, to Level their designs against Religion, not directly & formally under that notion, but obliquely to the destruction of the Lovers & Professors of it, under the Nick-name of fanatical Enemies to Government. Of these ensnaring Engines levelled to these ends, some have been more patent & open, others more laten•• & hidden; both have made a prey of people, the last chiefly. For a snare, the more latent & hidden it be, and the more var∣nished over with the vermilion of pretended honesty & in∣nocence, it is the more dangerous; and will be ••o account∣ed by all the Circumspect & Cautious, as in its design more destructive, and in its effects when discovered more dolo∣rous, than that which is more open & manifest. A hook, the bra••er that it is busked; and the better that it is baited, the surer and more successful it is to catch the simple fish;

if it want its busking, they will not so readily bite at it. In vain is a net spread in the sight of any bird: yet, though this is a Truth, such silly birds have the bulk of us been, such silly doves without a heart, and so senslessly stupified, as to suffer our selves to be blind-folded & hood-winked into snares, of such a manifest baseness, as none could be readily supposed might fall into, who did not brutishly abandon all common sense of Reason, besides Religion: As the Test, and Oaths of arbitrary Allegiance, Bands of Conformity & irregular Regulation &c. Some again, and these Alas! too many, have been insnared with snares of a more smooth, soft, & subtile Complexion, and poy∣soned with gilded arrowes, coloured over with the spe∣cious pretexts of the enemies relenting Condescendency & tenderness, stooping now to universal & general terms, obviously thought capable of a very good Construction, and daubed over with the untempered morter of the fre∣quency of the almost universally unscroupled subscription of very good & Consciencious men, and the rarity of Recu∣sants lying under the reproach of some few, wild, fan∣tastical fools. These well busked hooks have caught many; of which sort have been many banded Indemnities, and easily swallowed Oaths thereunto appended. Though the present indeed is contrived without gins of this sort, and now all these snares of Oaths and Bands are as illegally taken away as they were before imposed; upon the same design, to catch silly fish by other methods; not with hooks as before, but with a large spread net, to hale the whole School to Antichrists shore; And to put to proof & practice the vastness of that Leviathan Prerogative of Absolute power, to dispense with all Oaths; especially because, in all of them even the most monstrous, people might think there was some tye Obliging them to maintain the Protes∣tant Religion, therefore to obliterate that, & bury it in oblivion, all now are taken away; But the guilt of them still remains upon the Land, and the grievous Cry of suffer∣ings for refusing them still continues; And therefore the iniquity of them must be looked unto & lamented, and that with an eye to the account & reckoning must be rendered

for thém, to a Greater Judgment than that of Creatures. But among all these destructive & diabolical devices, there have been none more charming & cheating, than that Cunningly Contrived Oath of Abjuration, as it is called, enjoined to be taken by all within the Kingdom, by a Proclamation about it Representing a late Declaration, emitted by that party whose sufferings I am vindicating (as a Manifesto of their Grievances, and necessities to fall upon severe Resolutions towards their Enemies) under▪ the most odious Character, that the malice of men helped with hells hatred could devise; And requir∣ing all to Abjure it in the most peremptory manner, and under the severest penalty, that ever was heard. This Oath, I say, was contrived with such cunning, and fol∣lowed with such keenness, that it hath involved moe under its obligation, and engaged more to subscribe it, than any other that went before it: because it hath been painted over with such pretexts, as never any before was capable of. The pressing of it hath been so impartial, upon all travell∣ing in the Countrey &c. And their acceptance of the Pass annexed to it thought so necessary, as without it no business could be gone about. Its subscription so universally un∣scrupled, even by the Generality of great Professors & Ministers too; the thing abjured represented so odious, as no honest man could refuse to renounce; And the matter renounced, under its best aspect & Construction, esteemed only a paper Declaration, of a party very despicable, wherein the Principles, profession, or Confession of the Church seems no way concerned; and if any way concern∣ed, yet the Concern appearing so small, as few or none durst state their Sufferings upon that head. Yet I beleeve, if either such as have taken it, or others that may have the tentation of the like hereafter, will impartia••ly ponder it; so much iniquity may be discovered in it, as may oblige the one to mourn in the sense of its sinfullness, and the other to beware of its danger. And so much the rather would I offer this to Consideration, that I know one who was wofully wheedled into it, that found the bitter effects of this poysoned pill in his wounded Conscience, after re∣flections

on the deed, in such a measure that he despaired of ever recovering Peace. And this man had as much, and more to say, to justify his deed, than any that ever took it; having it with all the advantages that ever it could be tendered with: for, being urged thereunto before the Iusticiary, he expressly refused to disoun that Declara∣tion, and the Principles whereupon it was founded, and told them that it was misrépresented in the Proclamation: And when they yeelded to an abstract disouning of it in so far as the Proclamation represents it, or if so be it might be so represented, he gave in a sense in writ, wherein he would take it; shewing that upon supposition the Declaration did assert such things as was represented, he would disoune it: And after the sense was accepted as satisfactorie, he re∣fused to swear after the ordinary manner, following the Clerks blind manuduction, but behoved to have it written doun: And when it was written, with express specifica∣tion of that Apologetical Declaration, he refused to swear it, till it was altered and corrected, And the Word pre∣tended put in the stead of it: which done, before he sub∣scribed it, he protested it might be constructed in no other sense, than the genuine meaning of the words he delivered in, and that it might not be reckoned a Complyance for fear of his life: yet not withstanding of all this, he lost the Jewel of inward peace, and knew the terror of the Lord for many dayes. Therefore I shall chiefly insist on discover∣ing the iniquities of this last Oath, called the Abjura∣tion Oath, both because it is the smoothest, and more ge∣nerally taken than any other, and approven by many that condemns the rest, and the refusing it hath been punished by death, and most illegally pressed upon all, under the penalty thereof, as none of the rest was; And because as all other Oaths successively imposed, were so contrived that the last did alwise imply & involve the substance of the former, So it will appear that the iniquity of none of the preceding Oaths was altogether wanting in this. But to the end, both the Complication of the iniquities of this Oath may be evidenced, and the Continued strain of all the Oaths (which have also been heads of suffering, though

not to this degree) may be discovered; I shall touch some∣what of all the sorts of them, And shew that their iniquity cleaves to this last Oath: And then come to canvass this Oath it self, After I have premitted some General Concessions.

First, In a few Words some General Concessory propo∣sitions may be premitted.

1. That Oaths both Assertory and promissory are Law∣ful, will not be denyed but by Quakers &c. It is clear, Swearing is a Moral duty, and so material, that often∣times it is used for the whole Worship of God Deut. 6. 13. Thow shalt fear the Lord thy God, and shall serve Him, and Swear by His Name Deut. 10. 20.—To Him shalt thow cleave & Swear by His Name. The reason is, because by whomsoever we swear, Him we profess to be our God, and invocate Him as witness of our hearts uprightness, & honest meaning in the thing sworn, according as it is un∣derstood by both parties, and as aveanger if we prove false. Hence every Oath which doth not bind us faster to serve & cleave to Him, is but a breach of the Third Command. Again it is not only Commanded as a duty, but qualified how it should be performed Ier. 4. 1, 2. Where it is required of a people returning to the Lord, to Swear in Truth, in Iud∣gement, and in Righteousness. Hence every Oath which is not so qualified, and does not consist with a penitent frame, is sin. It is likewise promised in the Covenant, that Beleevers shall speak the language of Canaan, & swear to the Lord Isai 19. 18. every Oath then that is not in the language of Canaan, is unsuitable to Beleevers, that is to say, Consentaneous to the Word of God, and Confession of our faith. Again, He that sweareth in the earth shall swear by the God of Truth Isai. 65. 16. and therefore that Oath which is not according to Truth, is dishonourable to the God of Truth. If all the Oaths imposed upon Scotland these many years, were examined by these Touch-stones, they would be found all naught. So giving Bands for security, which for obligation are equivalent to promissory Oaths, are also Lawful materially: but with the same qualifica∣tions, otherwise they are sinful.

2. This duty when suitably discharged, truely, judi∣ciously, righteously, in the fear of God, according to His. Will, is in many cases very necessary. Not onely in vowes, in which God is the party, in matters morally necessary, to keep the righteous Iudgements of God, Psal. 119. 106. Nor only in National Covenants for Reformation, and promoting the Interest of Christ, whereof we find many Instances in Scripture, in Moses, Ioshua, Asa, Hezekiah, Iosiah, Ezra, Nehemiah, their making & renewing such Covenants by Oath, coming under the dreadful Curse of it if they should break it. And this may make our hearts meditate Terror, for the universal unparalelled Breach of Solemn Covenants with God, that exposes the Nation to the Curse of it. But also in humane Transactions, whereunto God is invocated as a Witness; as in National Transactions, at choosing & inaugurating their Magistrates, for security of Religion & Liberties, as we have many examples in Scripture. Seldome indeed do such bonds hold Tyrants, but it is this Generations indeleble brand & bane, that with∣out this they have come under the yoke of ineluctable slave∣ry, and have entailed it upon posterity. As likewise in Contracts & mutuàl Compacts of Friendship or stricter Association, when Edification or other Sa••faction or security Calls for it, as Iacob sware to Laban, David to Io∣nathan &c. In which the matter must be clear, & mutually understood, & honestly meant, without (equivocation & mental Reservation, and all ambiguity, as also possible & likely to continue so: for otherwise, it were but a mocking of God & man, to swear a thing we either cannot or will not perform, according to the meaning of him in whose favours the Oath is given. But withall we ought to be sparing in such things, except where the matter of the Oath or Band is weighty & necessary, & not multiply them need∣lessly upon formality or Custom: for if there were suitable Confidence in one another, there would not be need for so many of these securities. And specially in Relative stipulations betwixt man & wife &c. Where an indissolv∣able relation is entered into. And in a particular manner, even in things Civil, when we are called thereunto by a

Lawful maigstrate, for deciding of Contraversies, or our oun vindication, or to Confirm our Obligation to some duty, An Oath for Confirmation is an end of all strif•• Heb. 6. 16. But alwise in this the matter must be Lawful, according to the will of God, and true, & certainly known, and also necessary, weighty, useful, worthy of such Confirmation, for the Glory of God, and the good of our Neighbour, that His Holy Name be not ••aken in vain; for otherwise if the matter be false, God is made Witness of a lie; if uncertain, Conscience Conde••ns us that we know not, nor care not, what we call God Witness to; if unlawful, then God is called to approve what He hath comdemned, and so to contradict Himself which is hor∣rid Blasphemy. With all which Cases, if we compare & examine all these Delusory Oaths, & hell-devised Impo∣sitions on Consciences in these dayes, obtruded to debauch & insnare them; Not one of them, levelling all at one design, how smoothly soever conceived, can be taken without a wound & wramp to the Conscience.

3. Of all these Cases, only two are applicable to our imposed Transactions with our wicked Rulers, to wit, in the matter of friendly Contracts, or in the matter of Judi∣cial Appearances before them, and Swearing and Banding before them, and to them. In both which, there must be a sort of Confederation with them. In Contracts with them it will not be doubted: And in Judicial submitting to their Authoritative Impositions of such Securities, it is evident, there must be also a Confederation with them, not only in acknowledging their Authority, but in coming under mu∣tual exacted stipulations; wherein, by taking these Oaths & Bands, we give them security of orderly ••ubjection, as members of the Community whereof they are Judges, and get their security of acquittance, and that we shall not be molested nor prosecuted among the Recusan••s. Now con∣cerning this Confederation, I shall concede in two cases it may be ouned, and Consequentially Oaths & Bands may be given to men of their stamp. 1. A Confederation which is more Discretive or Discriminative may be allowed to them; that is, such bargains wherein they and we are kept

still divided as two parties, and not under one Incorpora∣tion, as in Contracts of Conhabitation, liveing under them as Tenants, buying & selling, and the like. But we can∣not enter into a Confederation unitive with them, which may make us one body or party. 2. A Confederation which is necessary & unavoidable; when either an unavoidable strife or contention doth arise between them & us, where∣upon we are compelled to answer in Law, and can no otherwise be decided but by our Oath of Confirmation, which is an end of all strife; or when we are falsly accused of some odious & heinous Crime, as of Murder or Adul∣tery: It is then Lawful & necessary to vindicate our selves, by giving all these Legal Confirmations that we are free of these things; for otherwise to lye under the imputation of such enormities, were shamefully scandalous to Religion. But we cannot allow any Transactions of this sort, which are elective & voluntary, to make or pursue either peace or pleas with them, when our oun Interest or benefit draweth us thereunto, but ere we go to Law or give Oaths & Bonds to and before the unjust and perfidious, and such also as we cannot oune as Magistrates, we would rather take wrong & suffer our selves to be defrauded, as the Apostle adviseth 1 Cor. 6. 1, 7. It was not unlawful, as Expositors shew from that place, for the Corinthians to answer in Law for their oun vindication, being pursued by a Heathen, but it was utterly a fault to go voluntarly one with another. And if to pursue a brother was a fault, then much more to go to Law with an Apostate, with whom there should be less medling. And if to go before the unjust Magistrates, as these Heathen Judges were at Corinth who yet were Magistrats, was utterly a fault, then much more to go before such as have neither rightful nor righteous Authority at all: Which yet must be acknow∣ledged, if we take Oaths & Bands before them; for none can exact these but acknowledged Magistrates. Hence it is apparent, it would be an Elective Confederation with these wicked Usurping Judges, when brought before them to take their tendered Oaths and Bands, not as parties pur∣sued before them, but as transacting with them, with

whom as well as before whom we must give these Con∣firming Securities: And so not only must we acknowledge them to be Gods, among whom the Lord ••itteth, whose Holy Name is interposed in such Solem Transactions, but also we must swear & enter in bands to them as they re∣quire. This indeed is necessar when called before them against our will, and accused of horrid Crimes; as was al∣wayes in the imposition of the Oath of Abjuration auda∣ciously imputed to the Refusers, that they asserted Mur∣dering Principles, and ounéd it Lawful to kill all that served the King; In such a Case, to declare with the most solemn Asseverations, for vindication of Truth, that we disoune not only all such Assertions, but all such thoughts as that it is Lawful to kill all that serve the King, or any that serve him because they serve him, or because they have injured us any manner of way, & to declare our abhorrence of all Murder & Assassinations. But to swear such things to them, when we are altogether innocent, would be a granting that we were legally suspect, by offering a legall purgation. And so all the Subjects of Scotland should take upon them to purge themselves from a suspicion of Murder, which were odious. And to abjure a Declaration as asserting such things, when it asserts no such thing, is a Swearing to a lie.

4. All Solemn Securities of Oaths, or Bonds that are Sa∣cred Promises, are stricti juris of most strict & indispensible obligation, as Mr Durham on the Third Command shewes in many cases: No mans loss or private prejucice can make it void (though we swear to our oun hurt we must not change Psal. 15. 4.) Nor indifferency in the matter, if once en∣gaged in (for then our Souls are bound Numb. 30. 2.) Nor deceit of others, if the deceit be circumstantial only, as in the Gibeonites case: Nor the exstortion of it by fear or vio∣lence, if the matter be Lawful: Nor rashness and sin in the manner, if Lawful in the matter, as with the Gibeoni∣tes: Nor another meaning afterwards devised, not accord∣ing to the Imposers mind, nor our oun at first who took it (thats but a swearing deceitfully Psal. 24. 4.) Nor any good meaning or design in reversing the Oath (Saul was punish∣ed for breaking his Oath with the Gibeonites, out of zeal

2 Sam. 21. 2.) Nor though the Oath be conceived by Crea∣tures, (as by the Altar or Temple &c. Math. 23. 20-22. Nor when the thing becomes impossible, if that possibility could have been foreseen or prevented: Nor any other secret meaning, by equivocation or mental reservarion, 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 our selves God will require it; for who so despises an Oath, by breaking the Covenant, when lo he hath given his hand be shall not escape, God will re∣compense it Ezek. 17. 18, 19. They are null indeed & of no force, when they become bonds of iniquity tying to things unlawful or impossible; or when the thing sworn is not in our oun power Numb. 30. 5. Or when there is deceit in it, not in Circumstantialls only, but in Essen∣tialls; 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 & Solemn League & Covenant, and Confutes the perverting & wresting the words of it in the third Article, as if it did oblige to Allegiance to Tyrants; for in that case the obli∣gation is unlawful, and there is a deceit in essentialls, and the case materially altereth (for in the Covenant we are bound to the King, not to a Tyrant) and the party sworn to hath relaxed us long ago, by annulling the Co∣venant yet all these things prove, that the Covenant is still in force: And that all the Oaths & bonds contradictory to it, are sinful: and yet, thô 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 jugle 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 Lords people, under such a penalty, which they thought to pay the penalty would clear them of, as if it were only an Al∣ternative band. The iniquity of this Juggle will appear, if

we consider, such Bonds cannot be Alternative: for Al∣ternatives are alwayes disjunctive, binding equally either to this or that; and the one Alternative is no more deter∣minately enjoyned by the Imposer, than the other. And so, if these Bonds were Alternative, it should be in the binders choise, whether to Answer the Court, go to Church, to separate Meetings; Or pay so much money. But it is not so, for the Stipulation & 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 obliga∣tion. And that fancy of cluding the bond by paying the pe∣nalty, would quite enervate all security among men, in their mutual compacts of that nature; and under that pre∣tence, they might give a satisfactory Complyance to the most wicked imposed obligation imaginable•• to subscribe the Turks Alcoran, with a reserved intention only to pay the imposed penalty. Which Reservation is so far from being suitable to that Christian Simplicity the Gospel re∣quires, that it does not answer that Moral honesty that our concern in the good of humane Societie calls for. Its incumbent on all that expect to Dwell in Gods Holy hill, to have this requisite qualification for one, though they swear to their oun 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 of his Oath, they must keep it. And besides, to condescend that that penalty or fine should be paid, by our selves or friends in our behalf, were to con∣descend that these Enemies should be enriched by our oun or the spoil of our friends, upon the account of the for∣feiture of our promise; which seems such a dishonest & dishonourable thing, that an honest heart would disdain it. And though this should be flouted as foolish preciseness, to choose rather to lye still & suffer in such a case; yet it may be considered that Christs Cross, even with reproach∣es, is alwise a better Choise, than the works Ease, pur∣chased at any price which is a hire for Christs enemies.

5. All Divines and Casuists do grant, that an Oath must be taken in his sense & meaning who tenders it, and in

whose favours it is conceived: because Oaths and Bonds are for security, and therefore whosoever would deal honestly & Christianly in taking an Oath, must take 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 & promisers shall deal deceitfully, in frustrating the end of the Oath or bond, and the design of the tenderers thereof. And therefore, as Reason & 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 alwayes taken in the Imposers sense, and as they discover their sense & sentiments of them, and not according to the meaning that we may think the words Capable of; Nor yet according to the wheedling expli∣cations that they may give or allow, which are as deceit∣ful & insnaring 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 our selves 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 inte••ninis as offered, is not only an intangling our selves into the bond of sinful Oaths & Bonds, but to stum∣ble the Godly, and harden the wicked in the present, and to mock posterity in future ages; who shall see the Oaths in terminis subscribed, but not the sense they were taken in, See Apolog. Relat. Sect. 14. It is known by manifold ex∣periences that it is dangerous to hearken to their overtures who study to ensnare us, but far more hurtful & hateful to propound overtures to them. For they interpret it a Ceding and giving ground, and when they see a man begining to yeeld, then they will seem to be very condescending, even to accept of litle at first that they may draw him on to more: like cuning Anglers, sometimes recoyling & drawing back the well baited & busked hook, to invite the poor unwary fish to pursue, and sometimes leting it run away with the

hook, when it begins to bite kindly: So when thy find a man offering & ready to accept of Accommodations, they will be very yeelding and easie, 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 stroak, 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 & go, upon our discretion, as we do with our oun particulars, or with Problems to be disputed, or ambiguous propositions ca∣pable of different senses; but matters so & so circumstan∣tiate, as do require the positive determinate Judgement of the Conscience, Concerns of Truth & falshood, duty & sin, which cannot admit of Accommodation, or dis∣pensation, or Reservation, or any other sense than the Imposers and they that state their Inquisition about such things do oune, and are observably known to have & maintain about them. Otherwise, all other forged Ac∣commodations are but tampering tricks, jugling with juglers, 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. 24. 4. a conceiving & uttering from the heart words of falshood Isai. 59. 13. a false Oath Zech. 8. 17. which are hateful to God, who will be a swift Witness against 〈◊〉〈◊〉 swearers Mal. 3. 5. Neither will they be so easily deceived, for they will readily yeeld to accommo∣dations, or any tolerable sense that we can put upon their snares; for they reckon that a yeelding in part, and are glead to find us so far justifying their acts & impositions, as by our offer practically to declare they bear a good sense, and they will come many wayes to our hand to get us kooked 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

Consciencious Sufferers upon this Account will be vindi∣cated. 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 Refor∣mation, and destroyed the people of the Lord: Because such Transactions with them (as is hinted above) are a sort of Confederacy with the known Enemies of Truth & God∣liness, importing a voluntary subjection to them, Com∣plyance & Incorporation with them, as members of the same Community, whereof they are acknowledged to be head. Now all such sort of Confederacy with such ma∣lignant Enemies of God and of the Church, is unlawful, as Mr. Gillespie demonstrates in his Useful Case of Conscience, concerning Associations & Confederacies with Idolaters, or any known Enemies of Truth & Godliness. Though Civil Compacts for common Commerce may be allowed, as Abram was confederate with Aner, Eshcol, & Mamre Gen. 14. 13. Iacob Covenanted with Laban by way of Lawborrowes Gen. 31. 44. But Sacred Confederations of this sort, are unlawful from these Arguments. 1. The Law of God condemns them Exod. 23. 32. Thow 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 Reli∣gious Covenants are discharged in a tolleration of their Ido∣latry, 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 calls themselves Christians: for the Apostle layes much more restraint from communion with them, than with Pagans 1 Cor. 5. 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. 34. 12-16. Take heed to thy self lest thow make a Covenant with the inhabitants of the Land—lest it be a snare—but ye shall de∣stroy their Altars—lest thow make a Covenant with them—and they go a whoring after their gods and thow take of their

daughters unto thy sons—Here again, all Sacred Tran∣sactions are discharged, upon a Moral & perpetually binding ground, and all Toleration is prohibited, and Con∣jugal Affinity. Such complyance brought on the first de∣solating Judgment, the flood on the old world (Gen. 6. 1, 2, 3.) when the Godly conformed & incorporated themselves, and joined in affinity with that ungodly crew, from whom they should have separated themselves. Likewise Deut. 7. 2, 3, 4, 5.—Thow shalt make no Covenant with them, nor shew mercy unto them, neither shalt thow make mar∣riages with them—for they will turn away thy son from following Me—so shall the anger of the Lord be kindled against yow—but thus shall ye deal with them, ye shall destroy their Altars. Where all Transactions with a people devoted to de∣struction are discharged, even that of tolleration of Malig∣nant enemies; according to which precept, David resolv∣eth to destroy early all the wicked of the Land, and cut off all wicked doers from the City of the Lord Psal. 101. 8. Mark this All, of what degree or quality so ever, without re∣spect 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 of many other Nations; where Solomon is condemned for joining in affinity with other wicked people, besides these 1 King. 11. 1, 2. So that it is to be understood generally: against Confederacies with all, to whom the Moral ground is applicable, & 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 & with them as enemies Psal. 139. 21, 22. with whom as such there can be no Confede∣ration; for that supposes alwayes the enmity is laid aside, but that can never be between the Professors of Religion and the professed Enemies thereof: but that must alwayes be the language of their Practice, Depart from me ye workers of iniquity, for the Lord hath heard me Psal. 6. 8. The com∣mand is peremptory & perpetual, for sake the foolish, Prov. 9. 6. make no friendship with them, Prov. 22. 24. Say not a Confederacy to them Isai. 8. 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. 6. 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 fad & sharp re∣proofs for such Transactions & Confederations, do con∣clude the same thing Iud. 2. 1, 2, 3.—Isaid—ye shall make no league with the Inhabitants of this Land, yow shall throw doun their Altars, but yow have not obeyed my voice, why have yow done this? Wherefore—I will not drive them out from before yow—It cannot be expected, the Lord will drive out these enemies, if we swear subjection & Allegiance, & come under Confederations with them; for thereby we contribute actively to their settlement & establishment, and bring our selves not only under the miserie, but the guilt of strengthening the hands of evil doers. So Ier. 2. the people of God are reproved, for making themselves home born slaves; how? by out-Landish Confederacies vers. 18. Now what hast thow to do in the way of Egypt, to drink the waters of Sihor? or what hast thow to do in the way of Assyria?—The Chaldee Paraphrase hath it, Nunc ergo quid vobis con∣trahendo Societatem cum Pharaone rege Egyptiorum?—& quid vobis percutiendo faedus cum Assyria.—What have yow to do Associate with Pharaoh King of Egypt? and what have yow to do to make a Covenant with the Assyrian? So may we say, what have we to do to take their Oaths & Bonds, that are as great enemies as they were. Ephraim is reproved for mixing himself among the people Hos. 7. 8. by making Confederacies with them; what followes? he is a Cake not turned, hot in the neither side, zealous for earthly things, but cold & raw in the upperside, 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 ingaged in them, have alwise in some measure fallen from their former fervor 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 Mark of Gods displeasure put upon them; which doubtless

••s set purposely as beacons, that we may beware of them. And therefore. 3. We may take notice of many disallow∣ed & condemned examples, on which the Lord sets marks of wrath, as Ahabs Covenant with Benhadad, 1 King. 20. 32. to the end: Asa's Covenant with Benhadad, which the Prophet calls a foolish deed 2 Chron. 16. from begin. to vers. 10. proceeding from an evil heart of unbelief; as all such Transactions are over-awed Complyances. Iehosaphats with Abab hath the same Censure, though he kept him∣self free of Ahabs Idolatrie, 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, re∣lated 2 Chron. 18. and reproved 2 Chron. 19. 2. Iehu the Prophet is sent to him, Should thow 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. 20. 35. to the end: which made him afterwards mend his fault, for he would not again joine with him, when he sought the like Association 1 King. 22. 49. So Amaziah's bargain with the Israelites, when the Lord was not with them, is condemned by the Prophet, admonishing him to disjoyne himself from them 2 Chron. 25. 7-10. And Ahaz his bargain with Tiglath-Pilnasser the Assyrian 2 Chron. 28. 16. &c. is plainly disallowed. 4. The complaints, Confes∣sions, & Lamentations of the Lords people, mourning over this sin, demonstrate the evil of it Ezra, 9. 14. Should we again break thy Commandments, & join in affinity with the people of these abominations? wouldst not thow be angry with us, till thow hadst consumed us, so that there should be no remnant nor escaping? Psal. 106. 35. They were mingled among the heathen and learned their works. All these commands, Reproofs, Examples, & complaints, are written for our learning; and being seriously laid to heart, will sufficiently scare all the fearers of God, to Join but stand aloof from all com∣plyances, conjurations, or confederacies with the ene∣mies

of God, directly or indirectly, formally or inter∣pretatively, for fear of partaking of their sins and receiving of their plagues. I insist the more largely on this Argu∣ment, both because it will conclude that for which these 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 asso∣ciating in expeditions of war, with promiscuous subverters & perverters of the cause, on which it were not so proper to my purpose to dilate any discourse in a distinct head, while I must confine my self 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 & elective confederations with the wicked, but cannot condemn necessitated subscriptions of Lawful Obligati∣ons, when the matter is not sinful; Nor come they home to the case of Prisoners, who are constrained to transact & treat, and have to do with the men in power: Otherwise, if all bonds were unlawful, then Prisoners might not pro∣cure Liberty for longer or shorter time, upon bond & bail to answer again when called; Which yet is generally ap∣proven, and practised without scruple, and seems not to want a precedent in Scripture, in that Iason gave such security Act. 17. 9. I shall therefore subjoin here some considerations, by way of Answer to this. 1. These Scriptures disprove all Covenants Exod. 23. 32. All con∣federacies Isai. 8. 12. all concord or aggreement with the men of Belial 2 Cor, 6. 15. and, without distinction of voluntary or over-awed Transactions, all Unitive aggree∣ments 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 were not a joining in Marriage, an assotiat∣ing in war, or communion in Worship with them, than the Moral grounds of these Prohibitions can be so restrict∣ed: for the hazard of sin & snares, the hurt of faithless fears, from whence they flow, and the hatefulness of such unequal Conjunctions, which are the grounds & 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 & Bonds of our Adversari∣es, 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 aggreement with their persecuters, are Unitive Covenants or Conditional aggreements, 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 confede∣racies of the Subjected, seeking the peace & favours of their superiours, which when over-awed are sinful to be made with wicked Enemies of Religion, as well as when unconstrained, for Ahaz his transaction with the Assy∣rian, 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 Isai. 8. 12. They are concords and aggree∣ments with the unrighteous sons of Belial, and not about common matters, but matters wherein Religion & Righ∣teousness are nearly concerned: Can any think that these Commands are given with exception of Prisoners? And that if any Isralite was Prisoner to these Nations, he might make a Covenant with them for his Liberty, upon an engagment to render himself Prisoner to them again? Then he might give bond to Gods devoted enemies, to bind up his hands from prosecuting the war with them, which all Israel was obliged to do: for if they might Cove∣nant subjection to them, then it would have been their sin to rebel, as it was Zedekiahs sin to rebel against Nebuchad∣nezzar, because it was breach of Covenant: And so there might be a case, wherein the Israelites, notwithstanding of all these Prohibitions, would bee obliged not to de∣stroy, nor break doun 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 punish∣ment of their leaguing with them, and yet they broke the yoke, when they cried unto the Lord, and never submit∣ted 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; Its 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: Its the prisoners Choise, whether he will come out upon these terms or not, and every Choise in so far as it is a Choise, is elective & voluntary: Its put to the mans choise whether he wil continue under the Cross, and con∣tinue his Testimony for the cause, or surcease from it for a time, the Latter in the case is chosen. Its the prisoners desire and petition, to transact with them in these terms for Li∣berty without which no benefit of any such bond can be procured, and every desire is voluntary. Yea it is a formal Compact & Capitulation with them, binding & obliging these bonders by their oun word & writ, at least to be at their Call & Command, not by Compulsion & force now, but by the Moral obligation of their oun compact: Now every such compact is voluntary. And therefore, if all voluntary Covenants, Confederacies, & Aggreements be discharged in Scripture, then this bond of Compearance also must be discharged. The Judgement of famous Mr Rutherfoord, of a draught of a petition to have been present∣ed 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. 63. where are these words, I am straitned as another suffer∣ing man, but dare not petition this Committee. 1. Because it drawes us to Capitulate with such as have the advan∣tage of the mount, the Lord of disposing for the present, and to bring the matters of Christ to yea and no (yow being prisoners, and they the powers, is a hazard.

3.

This Aggreement with the Enemies for Liberty, upon these terms, is sinful. For it is not only an acknowledg∣ment of a wicked power, in ouning & transacting with them as Judges, who can free them and bind them as pri∣soners by Law, which is disproved above: But it is a bind∣ing themselves over to a pacqued, perverse, & Law-per∣verting Judicatory, not as prisoners by forcible constraint, but a willing consent, ackowledging the Legality of their imprisonment, and obliging themselves to observe it when demanded: yea it is a Covenanted & bonded obe∣dience to a wicked Law; for it is a wicked Law, to exact from a Sufferer for Truth, his re-entrie 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 justi∣fied when they bind themselves to obey it. This is no∣wise like a mans going to the Gibbet on his oun feet; for the man does not bind himself to do that, neither is it ex∣acted 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 oun ease: But if all these did concur, it were unlawful for a Mar∣tyr for Righteousness to obey such a Law, or voluntarly to submit to such a wicked sentence. Neither is it of any per∣tinency 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 necessi∣tated bargain, to give what a man hath and promise more to save his life, and is like a mans casting his goods out at sea to save the ship; The other is not so but elective: This is only a Choise of the least of two evils of suffering, but the other is a choise of one of two evils which is sin, which cannot come under a Christians election at all: This is a compact with the Robber, which is still discretive, and nowise unitive of the Robber & him, in any bargain of con∣cord or consederacy or acknowledged subjection, only a passive surrender to his greater force as an enemy; But the other is unitive, as between Rulers & Ruled: This is not any obedience to a Law, nor is the mans 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 Rutherfoords, In the 2 place, sayes he, A speaking to them in writ, and passing in silence the sworn Covenant & the cause of God, which is the very present Controver∣sie, 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 Adversarie mistated the question; Now plain it is, that neither in the bonds nor petitions, is there any word of the cause or Testimony suf∣fered for. 4. As it is sinful, so it is very scandalous in se∣veral respects; in that at least it hath the appearance of evil, which Christians should abstain from 1 Thes. 5. 22. and seems to be a voluntary subjecting themselves to their Im∣positions (at least of that to return to prison again) a wil∣ling acknowledgment of their unjust Usurpations; a sponta∣neous consenting to their Mischiefs framed into a Law, & 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, be∣cause 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 & condemning the practice, of some truly tender & zealous Confessors of Christ, who have had strong tentations to make such transactions, and durst not yeeld so far for a world; yea it is certainly an Argument of faithless fear, & impatient wearying of the Cross because of the fury of the Oppressor, which the Lord taxeth, when the Captive hasteneth 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 encouragments to trust, that He will open a door in His oun time & way, see Isai. 51. 13, 14. Of this Rutherfoord addeth in that forecited Letter,

Silence of the cause of God which Adversaries persecute, seems a tacite deserting of the cause, when the state of

of the Question is known to beholders, and I know the Brethren intend not to leave the cause. And a litle af∣ter, sayes he, The draught of that petition which yow sent me, speaks not one word of the Covenant of God, for the adhering to which yow now suffer, and which is the Object of mens 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 yow want nothing to begen an uncleanly deliverance,

but the profession of silence: which is pro∣fessed by all, that petition for such a bond, when their ad∣dress & 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 & zealous suffering for Christ, and is far from the choise of Christs Witnesses, who overcame by the blood of the Lamb and the Word of their Testimony, recorded Heb. 11. 35.—who were tortured not accepting de••iverance, that they might obtain a better resurection. 5. As it is Scandalous, so it is very inconvenient & unsuitable for the Confessors of Christ. In that not only they may be ignorant, and much troubled to know, what underhand ••ealings their friends may use sometimes to procure that Liberty with∣out acquainting them, and how odiously their Act of de∣liverance may be worded & registred to the prejudice of the cause, which they dare not testify against afterwards when they do know it, for fear of many inconveniencies. But also it cannot be vindicated from being a dishonourable shifting, and puting off, or casting off the Call of a Testimony; and confessing either an inconstancy, or impatience or unreadi∣ness, or want of resolution, to confess or profess the Te∣stimony for Christ, without some respyte to gather new defences for it: Whereas Christs 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. 3. 15. And be∣sides they involve themselves into the incumbrances of a doubtful suspence about the event, whereas if they keep their first resolution & condition with cheerfullness, 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 engagment, and to con∣tinue 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 them∣selves into many tentations unadvoidably. However ex∣cept of late, a precedent of this practice can hardly be in∣stanced 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 Qeen Mary of England, Dr Sands Prisoner at London, had the offer of Liberty, upon the terms 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 a thowsand pound Bond for him, brought him forth and required his consent and observance of the obli∣gation, 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 the wisdom of the serpent. Finally as for Iasons business, which is so much harped upon by these Bonders. (1) These were Rulers that he had to deal with all, and not raging Tyrants (2) They were indifferent Arbiters between Iason and the Lewd fellowes that troubled him, and not both Judge & party; he gave no security to his persecuters, as these Bonders do, but to the true Judges of the cause, who impartially took cognizance of it, from whom Iason might & 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 ingaged in & 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 trans∣gression upon him, then they absolved him.

2. All these Oaths & solemn Securities that have been imposed in these times, are dreadful & 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 & Bonds; however they be constructed, can ever be taken with these requisite quali∣fications necessary to be observed in all Oaths (and conse∣quently in all Solemn promises or Bonds) that are men∣tioned once for all Ier. 4. 2. where one that sweareth must do it, in Truth, in Iudgement, & 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, & worthy business, wherein He is attested & appealed unto, that He, as the only Searcher of hearts, may give His Testimony to the Truth of the thing, and punish the Swearer if he swear not in Truth. And this Swearing in Truth does import & require, both Since∣rity of the heart, filled with Reverence and the awful ap∣prehension 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 implicitely but with our oun understanding; And also singleness & honesty of the intention, that it be not to deceive, by puting 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, Gods Name is profaned, and the end of the Oath frustrate, and so all equivocations & mental reserva∣tions are condemned; As all Divine 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 under∣stood by him that did take it, it will not absolve from the guilt of perjurie; for an Oath is stricti juris▪ and will not admit on any respct or account of interpretations, pre∣judicial

to the Native Truth of it, lest it should be found to be (according to Psal. 24. 4.) a swearing deceitfully. And afterwards he sayes, 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 sine juramento or extra, but it should be plain, single, & clear.

And

Pareus saith in Catech Urs. Part. 2. quest. 102. Sancitum est Iuramentum, ut sit vinculum veritatis inter homines, & Testimonium quod Deus sit Author & Desensor veritatis.

An Oath hath the Divine Sanction, that it might be a bond of verity among men, and a Testimony that God is the Au∣thor & defender of Truth, Now none of these Oaths & 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 cum animo fallendi which cannot be in Truth, but most derogatory both to the Truth & simplicity of the Gospel. And they are all unclear & ambiguous, which cannot be taken in Truth, because they have no Truth in them, as

Dr. Sanderson saith De Iur. Promiss. Oblig. Prael. 6. §. 10. a Proposition of an ambiguous & indefinite sense, before the matter be distinguished, is not a true propo∣sition; yea nor a proposition at all: for a proposition, as its definition cleareth, should signify either a truth or a falshood, without any ambiguity: And therefore, sayes he, such Oaths should be supected, that there is some deceit lurking, and every pious & prudent man should refuse them, offered under such terms, cited by Apol. Relat Sect. 10. Pag. 118. & Sect. 14. 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 in to Judgement it will condemn the taking them. 2. They cannot be taken in Iudgement, that is, with

knowledge & deliberation; minding & 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 Judgement, because they are all ambiguous, the terms of them being capable of diverse 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 invock the Majestie of God to be a Witness to uncertainties, for that is to swear with an evil conscience & 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 Pareum Loc. supra citat. Pag. 654 Sect. 4. Dr Sanderson ubi supra, 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 certainity of that whereof he doubted before, but there can be no certainity out of 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 oun feet; for to what else should such collusion tend, but either that by our example others may be in∣duced to take it, whereby they are stumbled; Or that afterwards, by virtue of that Oath, some thing may be required of us, which is either unlawful or hurtful, and this is to lay a snare for our selves! Therefore let every prudent man beware of suffering himself to be deceived by these wiles, and of thinking so much either of the favour or of the ill will of any other, as to swallow the bait under which he is sure there is a hook

: It is ex∣pedient, that in the matter of Oaths all things be done aright, and that the sense be clear to all, and that is jurare Liquido to swear with a clear conscience Apol. Relat. Pag. 267. But next, they cannot be taken in Judgement; be∣cause they are all imposed and extorted under a sever 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 Publick Oaths imposed by Authority, and under colour of Law; these are worse than a mans private Oath given to a Robber, ••for fear of Death, if the matter be unlawful: for, whether the matter be Lawful or unlawful, such Oaths coacted, exacted, & imposed by Law, cannot be taken in Judgement; for if they be taken out of respect to the Law, then it is the persons suffrage to the equitie of that Law, and an approbation of the im∣position; 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 naught, and the Law wicked and can never be approven; And if they be extorted out of fear, then they cannot be taken with deli∣beration, or voluntary & unviolented choise, uncon∣strained light or liberty, which are all the ingredients of Judgement. 3. They cannot be taken in Righteousness, that is according to the Law of equity as well as piety, nei∣ther wronging God nor others by our Oaths. Lawful Oaths should be in themselves vincula aequitatis, as well as veritatis. And Pareus saith loco supra citato, Iuramenta licita tantum ea sunt—quae suscipiuntur de rebus veris, certo cognitis, licitis; possibilibus, gravibus, necessariis, utilibus, dignis. Law∣ful Oaths are only these which are ingaged into about things true, certainly known, lawful, possible, weighty, ne∣cessary, useful & worthy. And if that be true, then are all the Oaths & Bonds taken these many years, but fetter∣ings into bonds of iniquity; which when the consciences of the Takers will reflect on them, will become Galls of bitter∣ness, and found to have none of these qualifications, but on the contrary to be about matters false, uncertain, un∣lawful, impossible, frivolous, fruitless, useless, & un∣worthy, 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 Ap∣prover of what His Soul hates, and a Witness of that which He will be an Avanger of, as will appear by the par∣ticular consideration af all of them.

3. 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 Com∣plexly considered in the form & frame of all the Oaths & Bonds we have been troubled with, they cannot be sub∣scribed in any sense; and if in any, that must be the Impo∣posers sense, which in them all is alwayes pernicious. 1. They cannot be taken in any sense though never so good, if we consider the absolute illegality of their arbitrary impo∣sition. It will be confessed that Oaths should be very ten∣derly imposed upon consciences, not only lest the Name of God be prostitute to profanation, in matters light & tri∣vial, or dubious & uncertain; but lest a Tyrannical Juris∣diction 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 sayes it is neces∣sary, that no Ruler hath right to enjoin an Oath which is not first enacted into a Law; And it was alwayes account∣ed 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 exacted & 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 ad∣ministred nor righteously enacted, by such who had power to make Acts; for as for the pacqued Parliaments that made them, no consciencious Man could ever oune such a Com∣pany of perjured Traitors, to be their Parliamentary Re∣presentatives. Yet abstracting from that, I say, the Oaths that have been imposed without and against Law could ne∣ver be taken in any sense, without consenting to their treasonable breach of Law, for which they have forfeited their lives to Justice, when ever there shall be a Judicatory to revise their administrations: And these that have been imposed by a pretended Law, could never be taken with∣out

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 alwayes either constraining to a clear Sin, to renounce some part of the Covenanted Reformation, in profession or practice; Or Restraining 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 ambi∣guous in them, as it ought to be refused for its ambiguity; so when it is explained according to the Imposers mind & meaning, the sense will be found alwayes pernicious, though the words may be plausible. As when they require an obligation to Allegiance, or Loyaltie, or peaceable∣ness, or Orderlyness, and other smooth words signifying excellent things in an abstract Notion, these will be found to carry quite another sense, if we inquire into the Impo∣sers meaning, in which only Oaths & Bonds must be taken. The only way to find out their meaning, is to consider either their Acts or Actings, or their designs & intentions, as they are discoverable by any man of Prudence or consi∣deration. If we consult their Acts or Actings, practical∣ly & only legally explaining them, for a commentary; then by Allegiance, we can understand nothing else but an ouning of their Absolute Tyranny; by Loyaltie, nothing but an absolute & implicite Obedience of their absolute Commands, without reserve (as the late Proclamation for the Tolleration expounds it) by peaceableness, nothing but a stupid subjection to them, leting them do what they please without resistence or control; and by Orderlyness, nothing but a disorderly Complyance & Conformity with them, in going along with the Corruptions & Defections of the time, for their Acts & Actings expound them so. If we consider their designs & 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 & Bonds

have been adapted & 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 Poperie & slavery; So that by Allegiance & Loyaltie, can be meant nothing else but an obligation to oune & obey, and never to oppose the design of advancing Tyranny; And by Peaceableness & Orderlyness, nothing else can be intended, than an obligation never to oppose either the present Settlement, or future establish∣ment of Poperie & arbitrary power, upon the ruines of the Reformation and our Civil & Religious Rights & Liberties. Whence, they that can take these Oaths & 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 bri∣beries of their blinded reason and wordly Interest, than to the Dictates of conscience, please themselves with such no∣tions & quibling evasions, do but Mock God, deceive the world, illude the enemies, and delude themselves. And all these debatings for Accommodations & Exposi∣tions in another sense, are but foull fairdings of conscience-beguiling Compoundings in, and pitiful priggings for, a base Complyance. But it is usual for a guilty Son of Adam to sow fig-leaves.

4. Let it be considered, that all these Oaths & Bonds that the Land hath been debauched with these 27 years, are all condemned by and contradictory to anterior binding Or∣ders, the Acts of the General Assembles, requiring no Oaths in the common cause to be taken without the Churches consent, as was cleared in the Historical part, upon the fifth Period pag. 82. And that especially they are condemned as being con∣tradictory to, & violatory of prior Oaths of continuing in∣dispensible Obligation; being designed, pressed, & imposed on purpose to delete the same out of the minds & memories of the present Generation: I mean the National and Solemn League & Covenants, and other former Nationally binding Publick Engagments. Which, because they are not only

broken & burnt, but declared Criminal to be ouned, and be∣cause the ouning of their obligation is ordinarly inserted in the Indytments of our Martyrs, I must touch upon them more particularly. It was cleared above Head. 1. Arg. 11. from the Form, the Object, and from the Ends of the Co∣venant, which are all Moral and of indispensible obliga∣tion, 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 adde more particularly these many consideration. 1. The National Engagments are Natio∣nal promises, plighting & pledging the Nations publick faith, for the preservation & propagation of Religion & Liberty, to succeding posterity; which if succeeding Generations may reverse, then the faith of men, and the faith of Na∣tions, 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 Iewish Nobles & Rulers, not to exact Usury of their Brethren, but to restore & 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. 5. 12, 31. 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 vowes, avowing & avouching and devoting them∣selves & their posterity to be the Lords people, and to keep His Statutes & promove His Interests; which do bind the posterity. Iacobs vow at Bethel, that the Lord should be his God Gen. 28. 21. did oblige all his posterity, virtually com∣prehended in him; He found Him in Bethel and there He speake with Us, saith the Prophet many hundered years after H••s. 12. 4. The Israelites vow, to destroy the Canaanites, did oblige all their posterity Numb. 21. 2. Not only by virtue of the Lords Command, but by virtue of their vow; as we are obliged to preserve the Reformation, not only by virtue of the Lords Command, but by virtue of our Covenants.

Vowes are bonds to the Soul, which must stand Numb. 20. 2, 4. And whereas it is said, that as a womans father or husband might disanull her vow, and so the Magistrate might abrogate the Covenant: Besides the impertinency of this Comparison, as might be easie to demonstrate, it may be refelled by giving & not granting that he might do so; yet if the father & husband shall hold their peace, then all her vowes shall stand, and her bonds wherewith she bound her soul shall stand vers. 4, 7. but so it was, that the Supreme Ma∣gistrate did give his Consent to the National Covenant, and the Successor did swear the Solemn League & Covenant, and received the Crown on the terms thereof, to preserve & promote Religion & Liberty; and therefore her vowes must stand, they cannot be made void afterwards; for it is a snare to devour that which is holy, and after vowes to make enquiry Prov. 20. 25. So we find the Rechabites were obliged to observe the vow of their forefather Ionadab Ier. 35. 6, 14. And if the fathers vow obliges the Children▪ shall not the Nations vow oblige the posterity? 3. They are National Oaths which do oblige posterity: Esaws Oath to Iacob, re∣signing his birth-right, did oblige his posterity never to re∣cover it Gen. 25. 33. Ioseph took an Oath of the Children of Israel, to carry up his bones into Canaan, Gen. 50. 25. which the posterity going forth of Egypt in after ages, found them∣selves straitly sworn to observe Exod. 13. 19. and according∣ly buryed them in Shechem, Ioshua. 24. 32. The Spies swore to preserve Rahab alive and her house, Ioshua. 2. 12, &c. which was without the Consent of the Magistrate, and yet Ioshua found himself obliged to observe it Ioshua. 6. 22. Moses swore unto Caleb to ensure him an inheritance Io∣shua. 14. 9. and upon this ground he deman••s it as his right vers. 12. which he could not do, if Successors might reverse their Predicessors Lawful Oaths. The Lord will in a spe∣cial manner resent & revenge the posterities breach of the Oath of their fathers Covenant Ezek. 16. 59. Thus saith the Lord God, I will even deal with thee as thow 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, & people do Covenant with

each other, for the performance of the respective Duties of their several stations, either as to the work of Reforma∣tion, or as to the preservation of each others mutual Rights & Priviledges: So that they are National Covenants made by men with men; and these we find do oblige the poste∣rity. Israels Covenant with the Gibeonites did oblige the pos∣terity Iosh. 9. 15, 19. and for the breach of it many ages after the posterity was plagued 2 Sam. 21. 1. Zedekiah was bound by his Predecessors Covenant, though it was such as made the Kingdom base, yet in keeping it it was only to stand, Shall he break the Covenant & 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 oun h••ad Ezek. 17. 12, 14, 15, 19. The Apostle sayes even of humane Covenants, Though it be but a Mans Covenant yet if it be con∣firmed no man disanulleth or addeth thereunto Gal. 3. 15. that is, cannot do so Lawfully, much less can one man disanull a Nations Covenant. 5. They are National Attestations of God as a Witness, for the perpetuity as well as fidelity of these Sacred Engagments. All such Covenants, wherein the Holy Name of God is invocated as Witness, are ouned of God as His (hence the Covenant betwixt David. & Io∣nathan is called the Covenant of the Lord 1 Sam. 20. 8. and Zedekiahs fault was the breach of the Lords Covenant Ezek. 17. forecited. So likewise that Covenant mentioned Ier. 34. 8, 9, 10. wherein the Princes & People did swear to let their Hebrew Servants go free, is called Gods, Covenant. 〈◊〉〈◊〉. 18. and upon this account sorer▪ Judgements are threaten∣ed vers. 19, 20. And I will give the men that have transgressed my Covenant, which have not performed the Words of the Covenant which th••y had made before me—into the hands of their enemies. Certainly this did oblige the posterity, at least not to recall these Servants, and it was alwayes 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 Swosd upon them to aveange the quarrel of His Covenant, Levit. 26. 15, 17, 25. Such were all the National Covenants of the Lords people renewed by Ioshua, Asa, Iehoshaphat, Hezekiah, Iosiah, 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 King. 17. 15. &c. We have already experienced the threatened Judgments for Covenant-breaking, and may look for more. 7. They are for their matter National Covenants about things Moral objectively, obliging to joine our selves to the Lord in a perpetual Cove∣nant that shall not be forgotten. Ier. 50. 5. I might easily demon∣strate all the Articles of the Covenant to be Morally oblig∣ing, but they are demonstrate 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 alwayes to be pursued as is proved above Head. 1. Therefore they are perpetual. 9. They are for their formality National Covenants, most Solemnly Sworn & subscribed by all ranks, with uplifted hands, with bended knees, with solemn invocating the Name of God, with solemn preaching, prayer, & praise, rendering them∣selves and the posterity obnoxious to the Curse if they should break it. Now the Solemnities of the Oath do ag∣gravate the heinousness of the breach of it, as is clear from Ier. 34. 19. Ezek. 17. 18. quoted above: the reason is, because of their greater deliberation in the action, and because of the greater scandal accompany∣ing the violation thereof. Hence as they are National Oaths & Covenants so solemnized, they are National Adiurations under the pain of a National Curse, not to break them Nationally; Which do make the posterity obnoxious to it: as Ioshua adjuring Israel, saying, Cursed

be the man that riseth up and buildeth this City Iericho Iosh. 6. 26. Which was fulfilled many generations after, in the dayes of Ahab, upon Hiel the Bethelite 1 King. 16. Ult. 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 when ever it shall be: So in Nehemiahs Covenant, they clave to their Brethren, & entered into a Curse, and into an Oath, to walk in Gods Law, which was given by Moses the Servant of God, and to observe & do all the Commandments of th•• Lord our Lord, and His Judge∣ments & Statutes, particularly not to enter into affinity with their Malignant enemies Neh. 10. 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 lyable to the Curse of perjurie 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 Leges & regulae regnandi: which, though they be rescinded by a wicked Law, yet make the Rescinders chargable not only of Perjurie, in breaking a Covenant, but of Treason & Tyranny in breaking and altering the Constitution of the Govern∣ment; and render them lyable to the Curse thereof: for they cannot rescind that, nor escape its vengeance: where∣of we have a speaking pledge already, in that the Re∣scinder of these Covenants was so terribly rescinded, and cut off by the hands of unnatural violence; God thereby fulfilling that threatend Judgment of Covenant breakers, that he that hath broken His Covenant shall be brought to destruction, and bloody & deceitful men shall not live out half their dayes Psal. 55. 20. ult. So Charles the Second got not leave to live out half the dayes, that he projected to himself. 11. They are National Engagments of an Hereditary Na∣ture, like that of Israel Deut. 29. 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 the•• that were not there that day. Grotius de jur. ••el. Lib. 2. cap. 6. gives these Marks of Hereditary Covenants (1) When the subject is of a permanent Nature, and as long as manet idem Corpus: 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 & Sacredly engage in the Co∣venant, it must be real & perpetually obliging. (2) when there is such a Clause in the Covenant as that it should be per∣petual: There are many Clauses in the Solemn league to this purpose, in Art. 1. are these words, that we & our posterity after us may as brethren live in faith & l••ve a••d the Lord may delight to dwell in the midst of us: in the 5. Art, we shall each one of us according to our place & interest endeavour that the Kingdoms may remain conjoined in a firme peace & union to all posterity. (3) when it is such as is made for the good of th•• Kingdom: The Covenant expresses its end for the perpe∣tual good of the Kingdom, having before our eyes the Glory of God, the advancement of the Kingdom of—Christ, the honour & happiness of the King & his posterity, and the true publick Li∣berty, Safety, & Peace of the Kingdoms; wherein every ones private condition is included: and again it is added, for pre∣servation of our selves & our Religion from utter ruine & destruction. All this is a publick National good. (4) The matter is Moral, about materially binding duties, and therefore it must be hereditary and of perpetual obligation. 12. Last∣ly, They are National obligations, taking on publick duties, by way of virtual Representation of the posterity. And they that think it irrational, that the father should repre∣sent & involve the family, must resolve us how the Reli∣gious & Civil Covenants of Israel & Iud••h made in Moses, Ioshua's, Davids, Asa's, Ioash's, Hezekiahs, Iosiahs, & 〈◊〉〈◊〉 dayes, did comprehend & bird as well the absent as the pre••ent, & their posterity, yet unborn; as also, how the Laws & Contracts continually passed by some do take in others, not personally consenting; yea how comes it to pass, that every succeeding generation is ••ound 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 & included in their fathers. Now if these Arguments prove our Natio∣nal Covenants to be perpetually binding and cannot be dispensed with, the•• must these posterior Oaths that are made in a diametrical opposition to the Covenants, and are condemned by the Covenants, be false & unlawful Oaths: But the first is proved: Therefore these Oaths so opposite to & condemned by the Covenants are false & unlawful. That they are opposite to the Covenant, will appear in the induction of all of them. And that, what ever 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 in∣directly, suffer our selves 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 & Bonds given to Malignants, which are divisive of them that adhere to, and Unitive with them that oppose the Cove∣nant, and impeditive of resolutions to prosecute the ends thereof. So in the Solemn League & Covenant Art. 4. We are obliged to oppose all such as make any faction or parties amongst the people,

contrary to this League & Cove∣nant

: but by these Oaths & Bonds such factions are made &c. And by Art. 6. we are obliged to assist & defend all those

that enter into this Covenant

(contradicted by all the later Oaths & Bonds) and not to suffer our selves direct∣ly or indirectly by whatsoever combination—

to be di∣vided—from this blessed union—whether to make defection to the contrary part, or to give our selves to a detestable indifferency &c.

Which we do, when we divide our selves from these that refuse these Oaths, and makes defection unto the party that impose them. And

in the So∣lemn Acknowledgment of sins & Engagment to duties, We are sworn §. 6. to be so far from conniving at, complying

with, or countenancing of Malignancy, Injustice &c. that we shall not only avoid & discountenance these things &c. but take an effectual course to punish & sup∣press these evils.

All which we counteract & contradict, when we take any of these Oaths or Bonds.

In the Second place, by a Particular induction of the se∣veral kinds of these Oaths & Bonds, the iniquity of each of them will appear; and the Complex iniquity of the smooth∣est of them, the Oath of Abjuration compared with every one of them, will be manifest. And consequently the honesty & innocency of Sufferers for Refusing them, will be discovered.

I. The first in order, which was a Copy to all the rest, was the Declaration, ordained to be subscribed by all in publick Charge, office or Trust within the Kingdom:

Wherein they do affirme & declare, they judge it unlawful to Subjects, upon pretence of Reformation or any other pretence whatsoever, to enter into Leagues & Cove∣nants, or take up armes against the King—and that all these Gatherings—petitions, protestations—that were used—for carrying on of the late troubles, were unlawful & seditious; And particularly that these Oaths—the National Covenant—and the Salemn League & Covenant, were and are in themselves unlawful Oaths.

Here is a Confederacy required against the Lord, at which the Heavens might stand astonished; an unpara∣lelled breach of the Third Command. Which could no more be taken in Truth & Righteousness, than an Oath renouncing the Bible: but it hath this advantage of the rest; that it is some what plain, And the iniquity legible on its front. 1. That it is a renouncing of Solemn & Sacred Covenants, perpetually binding to Moral & indispensable duties, the wickedness whereof is evident from what is said above. 2. It makes perjurie of the deepest dye, the necessary sine qua non qualification of all in publick Office: who cannot be presumed capable of administrating Justice, when they have avowed themselves perjured & 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 Pre∣tence and trouble unlawful & 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 senslessness & stupidity in His just Judgement, because of the palpable breach of Covenant; or such a Peace, as is very consistent with the Curse & vengeance of God, pursuing the quarrel of a broken Co∣venant. 4. It condemns the taking up armes 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, & practice of all Nations allowes, is condemned. Yet in effect, for as monstrous as this Oath is, the Complexe of its iniquity is couched in the Oath of Abjuration; in which many of these Methods of Combinations, Risings & Declarations of war against the King, and Protestations against his Ty∣ranny, 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 & 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 & Supremacy:

Wherein they that took it, for testification of their faithful obedience to their most gracious & redoubted Soveraign, Charles King of Great Britain—do affirme, testifie, & Declare—that they acknowledg their said Soveraign, only supreme Governour of this Kingdom, over all persons, & in all Causes; And that no forreign Prince—hath any ju∣risdiction, power, or superiority over the same; and therefore do utterly renounce all forreign power—and shall at their utmost power defend, assist, & maintain his Majs. jurisdiction foresaid

—and never decline his power—The iniquity of this Oath is very vast and va∣rious. 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 & Liberties; and therefore demonstrate to be sinful both from the first General Argument against Oaths, and from Head. 2. 2. It cannot be taken in. Truth, Righteousness, or Iudgement: beause the words are general & 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 assist∣est, & maintained, in that jurisdiction. Who can be sure in swearing such an Oath, but that he may thereby wrong others, wrong Parliaments in their Priviledges, 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 & Righteousness, to assist him in all encroachments, upon Causes, that are not sub∣ordinate to him? and in invading all those Priviledges of Subjects, which are Natural, Civil, Moral, & Religious? for if he be supreme in all Causes, then all these depend upon him & be subordinate to him. And can it be taken in Iudgement, and with a clear mind, when it may be debated & doubted (as it is by some) whether the obligation of it is to be considered, as circumstantiate & specificate to the present Object of it, supposing him a Tyrant? or in a more abstract notion, as it might be tendered in the sense of its first Authors, as it was taken in King Iames the 6. his dayes, And as they plead for taking the English Oath of Allegiance, as it was accepted by the Puritans in Queen Elizabeths dayes•• whether it obliges to a King in Idea, and in a more general consideration, as one who is said never to die? Or with re∣ference to such an one as we have, a morta•• man, and an immortal enemy to all those precious Interests, for pre∣servation of which he only received his Kingship? Whe∣ther it must be taken in that of the Imposers, practically ex∣plained by their administrations? or in any other sense, al∣ledged 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 explanation needeth to be inquired after, than what they give forth in their Acts on record: The Act of Supremacy (to be seen

in the Historical Representation of the Sixth & last Period pag. 111. senses the Ecclesiastical part of it: And the Act for acknowledgment of his Majesties prerogative does sufficiently sense, explain, & expound the Civil part; Declaring,

That it is inherent in the Crown, and an undoubted part of the Royal prerogative—to have the sole choise & ap∣pointment of all Officers of State—the power of cal∣ling, holding, & dissolving Parliaments, and all Con∣ventions & Meetings of Estates—the power of Ar∣mies, making of peace & war, treaties & leagues with forreign 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 Armes—or make any treaties or leagues—among themselves, without his Maj. Authority first interponed thereto; That it is unlawful to the subjects, of what∣soever quality or function, to convocate—them∣selves, for holding of Councils to treat, consult, or determine in any matters Civil or Ecclesiastick (except in the ordinary Judgements) or make leagues or bonds upon whatsoever colour or pretence, without his Maj. special consent—That the league & Co∣venant, 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 re∣quire the renewing or swearing of the said league & 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 priviledges of the Scots Parliaments, that, by the fundamental Con∣stitutions of the Government, alwayes had a share in mak∣ing Laws, and Peace & War; These robberies of our Natu∣ral priviledges of defending our selves by Armes, in case of the Kings Tyranny & oppression, and of Convocating for Consultations about the best means thereof; And these Invasions upon our Ecclesiastical priviledges, in keeping General Assemblies for the affairs of Religion Prorenata,

alwayes strenously contended for as a part of the Testimo∣ny; yea all these rescindings, repealings, and condem∣nings of the Way & Manner, Methods & Measures, of promoting the Covenanted Reformation, are by this Oath explained & by this Act acknowledged to be parts of that supremacy & Jurisdiction to be defended & maintained: As like wise, 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 Soveraign, as Supreme over all Persons and in all causes—and to defend, assist, & maintain his said jurisdiction, and never to decline his power; there is no restriction here on obedience, nor Li∣mitation 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 ab∣solute allegiance to an absolute power cannot be sworn by any man of Conscience, nor ouned 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 & unli∣mited Allegiance to any man, were a manifest mancipating of Mankind, not only to an Ass-like subjection, but to a servile obligation to maintain & uphold the Persons & Go∣vernment of mutable 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 our selves, b••t our heads, hearts, and hands all tied up under an en∣gagment to defend, assist, & 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 sub∣jection to the King; yet that comprehensive Clause makes it border upon absoluteness, I will bear faith & true allegiance

to his Maj. heirs & successors, and him and them will defend to the uttermost of my power, against all Conspiracies & 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 Digni∣ties, if this be not an illimited Allegiance to an absolute power, I know not what it is. 5. Here is an acknow∣ledgment of the Ecclesiastical Supremacy resident in the King: which is the most blasphemous Usurpation on the prerogatives of Christ and priviledges 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 Names of Blasphemie twisted out of the Popes hands by K. Henry the Eight, and handed doun to Q. Elizabeth, and wafted over to & Iames the 6^th. for that was the Original & 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 Poped••m; and nothing else but a shaking off the Ecclesiastical Pope, and submitting to a Civil Pope, by whom Christs Head-ship is as much wronged as by the other: And hereby a door is opened for bringing in Poperie (as indeed by this Strategem it is brought now to our very doors) for by the Act of Supremacy he hath power to settle all things concerning Doctrine, Worship, di∣scipline, or Government, by his Clerks the Bishops, having all the Architectonick power of disposing, ordering, & ordaining these, as he in his Royal wisdom thinks fit. (2) By this, Church & State are confounded (whereof the Distinction is demonstrate above) making the Magistrate a proper & Competent Judge in Church matters, not to be declined; wherby also he hath power to erect new Courts, Mongrel-Judicatories, half Civil half Ecclesiastick, which have no Warrand in the Word. (3) By this, many palpable & intollerable encroachments made upon the Liberties & priviledges of the Church of Christ are yeelded unto; as that there must be no Church Judicatories or Assemblies,

without the Magistrates consent, but that the power of convocating & indicting Assemblies do belong only to him, and the power of delegating & constituting the members thereof, that he may dissolve them when he pleases; that his presence or his Commissioners is necessary unto each Nationall Assembly; that Ministers have no proper decisive suffrage in Synods, but only of advice; that the Church Judicatories be prelimited, and nothing mus•• be treated there which may be interpreted grating upon the preroga∣tive, nor any thing whatsoever but what he shall allow & approve, without which it can have no force nor validity; yea by this a door should be opened unto the utter de∣struction & 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 Magi∣strate, and so all Magistrats as such are Church members, even heathens. And yet (5) By this he is exempted from subjection to the Ministry, because they are made accoun∣table 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 Churches 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 Ministrie are subordinate. And so (8) By this the Church of the new Testament is made im∣perfect, 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 exerce all Acts of jurisdiction, im∣mediately by himself; seeing he can do it as supreme by his Commissioners in Ecclesiastick affairs. (10) Finally By this Oath the King is made the head of the Church, being supreme over all persons & in all Causes, unto whom all Appeals & references must ultimately be reduced, even from Church Judicatories. Those things are only here touched they are more apodeictically 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

& Covenant; into whose place after it was broken, burnt, buryed, & rescinded, since they have remitted the subjects allegiance by annulling the Bond of it, they substitute & sur∣rogate 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 oune according to the Covenant, stands perpetually & expressly thus qualified, viz. in defence of Religon & Liberty, according to our first & second Covenants, and in its oun nature must be indispensably 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 disouning of that limitation, and of the Soveraign 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 & assist in all this Tyranny.

See Naph. Prior edit. Pag. 177. 178. Vindicated at length by Ius Populi. chap. 11. By all this the iniquity of the Scots Oath of Allegiance & 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 con∣sider the full import of its terms; for under the dignities, superiorities, & 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 plead 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, & en∣gaged into is the same, and every thing equal in both. Yet all this iniquity here Couched, is some way Comprehended in & implyed 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 ouned 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 & defend him; for being sub∣jects, 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 infer∣red from that expression of it, where some are said to serve him in Church as well as in State, which implies an Eccle∣siastical subordination to him as Supreme over the Church.

III. The Tenor of some other Bonds was more smooth & subtil, as that of the Bond of Peace; several times renewed & imposed, and under several forms; but alwayes after one strain: engaging to Live Peaceably, Whereby many were caught & cheated with the seeming sai••ness of these general terms: but others discerning their fa••laciousness, refused and suffered for it. This in the General is capable of a good sense: for no Christian will refuse ••o Live Peace∣ably, but will endeavour, if it be possible, as much as lieth in them, to Live Peaceably with all men Rom. 12. 18. that is, so far to follow Peace with all men, as may consist with the pursuit of holiness 〈◊〉〈◊〉. 12. 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 Gods enemies, whom we should count our ene∣mies, and hate them because they hate Him Psal. 139. 21. It is more suitable to answer, as Iehu did to Ioram 2 King. 9. 22.—What Peace, so long as the whoredomes of thy Mother Iezebel, and her witchcrafts are so many? than to engage to be at Peace with those, who are carrying on Babylons Interest, the Mother of harlots & witchcrafts. 2. This cannot be taken in Truth, Iudgement, & Righteousness, because of the fallacy & ambiguity of the terms: for there are diverse sorts of Peace & Peaceableness; some kind is duty, some never. It must then be rightly qualified, for we can profess & 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 Isai. 8. 8. 12-14—No Peace ob∣structing

the Gospel or Testimony, or abstracting from the duty of the day; No Peace tending to sinful security Ier. 8. 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. 1. 19. No Peace that may not be followed with Holiness Heb. 12. 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. 122. 8, 9. and the fruit of that Wisdom, which is first Pure and then Peaceable Iam. 3. 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 & Actings, It is plain they mean such a Peaceable Living, as gives obedience to their wicked Laws, and is a Complyance to their established Courses: And it must be such a Peaceable living, as is opposite to their sense of Sedition, Rebellion, Schisme, &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 what ever 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 Curats &c. Which they interpret not to be Peacable 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 & living Peaceably with them.

IV. Of Affinity to this were many other Bonds of Regu∣larity, frequently renewed & generally imposed, and that with unparalelled illegality & rigour; Sometimes by hosts of Savage Highlanders; Sometimes by Circuit-Courts, and by Heretors upon their Tenants, and with such unheard of involvements, that the Master or Heretor 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 Publick Ordinances, that is, hear the Curats, and not go to any Seditious Conventicles (so they called the Persecuted Meetings of the Lords people for the Worship of God) and in others yet more impu∣dently exacted, that they should not harbour, intertain, 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 long∣er some shorter; but all of them, first & last, were to the same sense & 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 them∣selves, which is nothing but their lusts & Mischiefs framed into Law, not according to the Rule of the Word of God, but the iniquious Laws of men. 2. They could not be taken in Truth, Judgement, & Righteousness: for either they were ambiguous, or their plain sense obliged to ma∣nifest iniquities, to conforme with all their enacted cor∣ruptions. 3. They are clear breaches of Covenant, which obliges to another Kind of Orderlyness, and to follow other Rules, and take none from them in the Matters of God. 4. They are impossible, and absurd; obliging Ma∣sters to bind for all under them, that could neither lye in their power, nor in their duty, to restrain their Liberty in these Lawful things, and to constrain & compell their consciences to sin. 5. They are unnatural & cruel, obli∣ging the Takers to partake with them in their persecution of the Godly. 6. They were engagments to hear Curats, which is proved to be sin Head 1. throughout. 7. They were engagments to withdraw from the Meetings of the Lords 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 Disorderlyness in their sense, and to do no harm to the timeserving Orderly Clergy or Laity, serving & prosecuting their wicked Orders.

V. Some other Bonds of that nature, and Oaths frequent∣ly put to Suffering people when taken Prisoners, did re∣quire

peaceableness & Orderlyness, in this Style, that they should either tacitely or expressly condemn Some Risings in Armes, as at Pentland, Bothwel &c. to be Rebellion against the King, and a sin against God, & engage never to rise in Armes against the King, or any commissionate by him, upon any pretence what∣soever. The iniquity whereof is manifest: for 1. This is a Covenant equivalent to a league Offensive & Defensive with them, obliging never to offend or oppose them, not to defend nor rescue our Brethren against & from their mur∣dering violence. 2. This could not be taken in Truth, Judgement, & 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 de∣mand them, or Authorizes his bloody Papists to Massacre us, them we must not resist upon this pretence. 3. It is contrary to our Covenants, that allow Resistance in some cases, and oblige to assist & defend all that enter under the bond thereof. 5. This infers an ouning of the present Au∣thority, as the irresistible Ordinance of God, and an obli∣gation of living peaceably in subjection under it; disproved above: To which I shall adde a part of that forecited Letter of Mr Rutherfoords the 63. in number of the third part of his printed Letters, which are a clear vindication of the prin∣ciples & practice of our consciencious Sufferers on this point [There is a promise & real purpose (saith he) to live peaceably under the Kings Authority;

But (1) yow do not so answer candidly & imgenuously the mind of the Rulers, who to your knowledge mean a far other thing by Authority than yow do; for yow mean his just Authority, his Authority in the Lord—in the main∣tenance of true Religion, as in the Covenant, & con∣fession of faith—is expressed from the Word of God; they mean his supreme Authority & absolute prerogative above Laws, as their Acts clear and as their practice is, for they refused to such as were unwilling to subscribe their bond, to adde, Authority in the Lord, or just & Lawful Authority, or Authority as it is expressed in the Covenant; but this draught of a petition yeelds the sense

& meaning to them, which they crave. (2) That Au∣thority for which they contend, is exclusive of the sworn Covenant; So that except ye had said, ye shall be subject to the Kings Authority in the Lord, or according to the sworn Covenant, yow say nothing to the point in hand, & that sure is not your meaning (3) whoever promises so much of peaceable living under his Maj. Authority, leave∣ing out the exposition of the 5. Command—may upon the very same ground subscribe the bond refused by the Godly, and so yow pass from the Covenant, and make all these bypast Actings of this Kirk & State these years by∣past to be horrid Rebellion, and how deep this guilt drawes consider

. 5. This would infer, though the King should send and kill us, we must not resist, nor defend our oun lives: yet being an Oath against the Sixth Com∣mand, which enjoineth Natural self preservation, it should be intrinsecally sinful; and its all one to swear to non-preservation of self, as to swear to self Murder. 6. I hope to make it appear in the 5. 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 compre∣hended in the Oath of Abjuration, in terminis ab••uring 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 paralel in any age or place, for illegaltty, inhumanity, arbitrariness, & odiousness. These were the Oaths of Inquisition or Super inquirendis: Whereby people were pressed to answer the Inquisitors, according to all their knowledge of things, they were in∣terrogate upon, and delate & discover Intercommuned persons in their Wanderings, or such whose names were in their Porteous Rolls &c. And power was given to single Souldiers, 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-hound, to abett & assist, them in their pursuing after the Lords people: Which is worse than to be bare consenters to such wicked∣ness,

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. vers. 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: if they would not, and yet swore would contribute their help towards it, by telling of all they knew, that was horrid perjury & false swearing. 2. This could be no wayes ca∣pable of the qualifications of an Oath; not only because the matter is wicked & unnatural, to discover may be the husband or Children or nearest relations, to please men or save their oun life, which was a great tentation, and there∣fore in it there could be no delibaration in swearing: but also for the doubtful perplexity confounding the mind, that they either could not or durst not tell of all they knew, and yet sware to do it. 3. It is against the Covenant, which obliges to discover Malignant enemies, and assist our Co∣venanting Brethren, and not to discover them, and assist Malignant enemies: which is a perfect inverting the fourth & sixth Articles of the Covenant. 4. It is contrary to clear precepts in Scripture, to assist & defend our Brethren, to make our shaddow as the night in the midst of the noon day, and hide the Outcast, and bewray not him that wandereth Isai. 16. 3. 5. The illegality of this imposition makes it very absurd, that every pitiful Officer or Souldier should be impowered to impose & exact Oaths, and impannel & 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 & disoune 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 Murder∣ers in that they abjure their Declaration as asserting Mur∣der, 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 Ouned & sincerely professed the true Protestant Religion, contained in the confession of faith, recorded in the first Parl. of K. Iaemes the 6—and that

they would adhere thereunto all the dayes 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 Governour of this Realme, over all persons in all causes, as well Ecclesiastical as Civil,—and promise to bear faith & true allegiance to the Kings Maj. his heirs & Lawful successors, and to their power shall assist & defend all rights, jurisdictions, prerogatives—belonging to them—And affirme —it—unlawful for subjects upon pretence of Refor∣mation, 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 Ecclesiastick, without his Maj. special command—or to take up Armes against the King, or these Com∣missionate by him—And that there lies no obligation on them, from the National Covenant, or Solemn League & 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 Maj. power & jurisdiction— And finally they swear, that this Oath is given in the plain genuine sense & 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 Capicious bosome the Complication of all their Mischiefs, comprehending all & explaining all the former: which indeed cannot be taken with any equivocating evasion, that can escape ei∣ther the Stigma of nonsense & self contradiction, or the cen∣sure of Atheisme & 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 followes. (1) In the 11. Art. of that confession, enti∣tuled, of Christs Ascension it is said, that Christ is the only Head of the Church & Just Lawgiver,

in which Honours & Offices if man or Angels presume to intrude them∣selves, we utterly detest & abhore them as blasphemous to our Soveraign & Supreme Governour Christ Jesus; and a litle before in that same Article, it is said, this Glory Honour & prerogative He alone among the Bre∣thren shall possess: And in the 16. 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 Ec∣clesiastical. (2) In the 14. 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. 24. it is confessed, that such as resist the su∣preme power, doing that which pertains to his charge, do resist Gods Ordinance—while the Princes & 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 Armes against the King. (3) In the 14. Art. Evil works are affirmed to be,

not only those that expressly are done against Gods Commandment, but those also that, in matters of Religion & Worshipping of God, have no other assurance but the invention & opinion of men:

And Art. 18. among the Notes of the true Church,

Ecclesiasti∣cal Discipline uprightly ministred, as Gods Word pre∣scribes, whereby vice is repressed, and virtue nourish∣ed, is one: In Art. 20. the voice of God and constitu∣tion of men are opposed.

And yet in the Test, they swear

never to endeavour any change or alteration in the Go∣vernment of the Church—as it is now established; where∣of many things must be altered, yea the whole forme & 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 prin∣ciples & practices contrary thereto are Popish & 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 esta∣blished by that confession was Presbyterian, and this esta∣blished by the Test is Episcopal. 2. It comprehends all the former Oaths & Bonds, which are cleared above to be sin∣ful. Yet for as wicked as it is, it must be some way ho∣mologated by the Oath of Abjuration, excepting the contra∣diction that is in it: Seeing all these oppositions against the King, sworn aginst in the Test, are abjured & 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 it self; 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, & disoune a late pretended Declaration, affixed on several Mer••at Crosses &c. in so far as it declares War against the King, and assert it Lawful to kill any that serve his Maj. in Church, State, Army, or Country. That the taking of this Oath is a step of Complyance, dishonourable to God, de∣rogatory to the dayes Testimony, contradictory to the many reiterated Confessions of Christs Worthy (though poor & despised) Witnesses, sealed by their blood, bonds, & ba∣nishments, encouraging & gratifying to the Enemies of God, hardening to backsliding Brethren, offensive to the Gene∣ration of the Righteous, stumbling to all, leaving a stain & sting upon the Conscience of the Subscriber, I shall endeav∣our 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 syding with them & him, in this their Contest & Contention with a poor Remnant of the Lords people, persecuted & mur∣dered by them for Truth & Conscience sake, who issued forth that Declaration against them, here abjured. There∣fore let the party be considered, imposing the Oath with such rigour, and prosecuting the Refusers with ravenous rage, murdering & torturing all who did not comply with them, declaring a Ware more formally & explicitely against Christ as King, and all that will dare to assert their Alle∣giance to Him, under an open displayed banner of defyance of Him & His, than ever Mortals durst espouse & avouch: The head of that Treacherous & Truculent faction, both he who was first declared against in that Declaration, and he who hath by bloody & treacherous Usurpation succeed∣ed to him, being such a Monster for Murder & Mischief, Tyranny, Oppression & Perfidy, that among all the Nimrods & Nero's that past ages can recount, we cannot find a pa∣ralel, by all Law Divine & humane incapable of Govern∣ment, or any Trust, or so much as Protection, or any Priviledge, but to be pursued by all as a Common enemy to mankind: And his Underlings, Agents & Complices, devoted to his lust, & serving his wicked designs, in their respective offices & places of trust under him, which by his nomination & sole appointment they have been erected to, & established in, with the stain & indelible Character of perjurie, the only qualification of their being capable of any advancement, occupying by usurpation intrusion & vio∣lence the publick places of judicatories, and carrying all so insolently & arbitrarly, and with an effrontry of wicked∣ness & despight of all Reason, Religion, or Justice, that they cannot but be looked upon as the most pestilent & pestiferous Plague that ever pestered a People: The taking then of this Oath, by them projected as a Pest to infect Con∣sciences with, and pervert them to wicked Truth-desert∣ing & Law-perverting Loyaltie, and imposed as a Test of

Complyance with them, and coming off from that litle flock whom they design to devour & destinate to destruc∣tion; must be in their oun esteem, as well as of the Gene∣ration of the Righteous, to their satisfaction and the others sorrow, a real incorporating with them, an ouning 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 Loy∣altie, an approving of all their Proceedings in that matter, and transacting, tampering, & bargaining with these Sons of Belial, out of fear: whereby a right is purchased to that common badge of their ouned & professed friends, who (upon taking that Oath) had from them a priviledge & all∣owance to travel & traffique (where and how they will) through the Country, denyed 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 Tyrannie, no less pernicious to the world than Poperie hath been to the Church; and which was given to all the Takers of that Oath, as a Mark of Tessera that they were no enemies to the Government, as they call it. O base and unworthy Liverie, for the suffering Sons of Zion to put on the Signature of the Society of her devourers. Hence, if Covenants & 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: Ergo the latter followes. This will yet more appear.

2. If we consider the Party that set forth that Declaration, whom the Proclamation against it represent so odiously & invidiously whom the Oath imposed obliges us to con∣demn; being so represented, as if they were maintainers of Murdering Principles, and perpetators of Assassinating villanies, inconsistent with Peace or any good Govern∣ment, and therefore to be exterminated & destroyed out of the Land, whom therefore they prosecute & 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, disouned & renounced them,

and all part or interest in them, or Society or Sympathie with them; who yet are known to be the Suffering people of God, more earnestly contending, witnessing, wrestl∣ing for the faith & Word of Christs patience, and have suffered more for their adherance to the Covenanted Re∣formation of the Church of Scotland, and for their oppo∣sition to all its deformations & 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 & Communion in the House of God, by abjuring & condemning their deed which duty & necessity drave them to. 2. Hereby they have pre∣sumptuously taken upon them, to pass a Judgement upon the deed of their Brethren, before their Murdering Ene∣mies; And that not a private discretive Judgement, but a publick definitive sentence (in their Capacity) by the most solemn way of Declaring it, that can be, by Oath & sub∣scription under their hand; whereby they have condemned all the Sufferings of their Brethren, who sealed their Testi∣mony in opposition to this Complyance with their blood, and finished it with honour & joy, as foolish & frivolous profusion of their oun blood, Nay as just & legally inflicted & executed upon them, as being Rebells, of Murdering Principles & 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 listed themselves on the other side against them, and taken part rather with their enemies than with them; for thus they used to plead fort it, when they pressed this Oath upon them that scrupled it; When any War is declared against the King,

any of his Maj. Souldiers 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 disoune the Rebells, they are to be reputed by all as enemies.

Which, what∣ever weakness be in the arguing, plainly discovers, that they take the abjuring of that Declaration in that juncture, to be a mans Declaring of what side he is for, and that he is not for the Emitters of that Declaration, but for the King

and his party: which in the present state of affairs, is a most dreadful ouning of Christs Enemy, and disouning of His Friends. Hence, a disouning of the Lords persecuted people, and condemning their practice, and an ouning of their Persecuters 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: Ergo it is a sinful Confederacy.

3. Considering the Nature, Conditions, & Qualifica∣tions of so solemn & serious a peice of Gods 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 & heinous breach of the Third Command, by taking His Name in vain, in the worst sort, and so cannot be holden guiltless. I prove it thus: An Oath which cannot be taken in Truth, Judgement, & Righteousness, is a breach of the Third Command: But this is an Oath which cannot be taken in Truth, Judgement, & Righteousness: Which is evident; for. 1. It cannot be taken by any Consciencious man in Truth, in sincerity of the heart, simplicity 〈…〉〈…〉 mind, singleness & honesty in the intention, not puting any other sense than the imposer hath, and which is the clear sense of it sine juramento and extra. For, if he take it according to their meaning, then he should swear it un∣lawful ever to declare War against the King, and conse∣quently never to rise in Armes against him upon any pre∣tence whatsoever: for, if we may rise in Armes for our oun defence, we mak & must declare a defensive War. And indeed, in themselves as well as in their sense & meaning who imposed them, these two Oaths, never to rise in Armes against the King, and this of Abjuration, are one and the same. Then also should he 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 sensus vel juramenti ipsius vel extra juramentum: And in part, for their exemption & 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 de∣claring of a War against the King, or killing some for some

causes (which shall afterwards be made appear to be Law∣ful) that serve him, are to be abjured & disouned? 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 Iudgement, that is, with knowledge & deliberation &c. All the terms of it have much obscure ambiguity, Declaring a war, and killing any who serve the King, may be constructed in several senses, good & 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 Judgement; For, if it denote a Causality, and signify as much as quia or qua∣tenus, 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 oun defence, must be universally condemned, for a quatenus ad omne valet Consequentia: 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 Judge∣ment of them that will seriously ponder the Declaration it self: If again it be a Supposition or Condition, and to be interpreted for if so be, then all that the Judgement can make of it is that it is uncertain, and so the Conscience dare not invoke God as a Witness of that which is uncer∣tain 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, necessa∣ry, useful, & worthy: It is not true, that the Declaration im∣ports so far as 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 Kings service, in Church, State; Army, or Country: Nor is it possible to reduce this Assertory Oath into a promissory one Law∣fully, as most part of such Oaths may & do necessarely

imply; for when I swear such a thing unlawful, it implies my promise, by virtue of the same Oath, never to practise 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 imployed in his service; what if there be a necessary call to joine in armes with the Lords people, for the defence of their Religion, lives, & Liberties, against him? what if he command a Massa∣cre? 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, as to be the occasion of involving the whole Coun∣try in perjury or persecution, as by that Oath was done: Nor was it necessary, in this mans time, to make all abjure a Declaration out of date, when the object of it Charles the Second was dead, and no visible party actually in armes 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 & 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 Sanctua∣ry, lay to heart the doom of false swearrers, the flying roll of the Curse of God shall enter into their house Zech. 5. 4. Love no false Oath for all these are things that I hate saith the Lord Zech. 8. 17. The Lord will be a swift Witness against false swearers Mal. 3. 5. And let them sist 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 it self, aud the words of it more narrowlie, 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 & assert such things, are here renounced; and hereby many honest & faithful De∣clarations are disouned, 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 & cheat the Conscience; that here is not required a disouning of the Apologeti∣cal Declaration simpliciter, but only secundum quid, or rather of a pretended one of their supposing, in so far as it imports such things: But this is frivolous, for that pre∣tended one is intended by the Imposers to be the Real Apologetical Declaration, which they will have to be dis∣ouned, and cannot be distinguished from it: And though all these Assertions cannot be fastened upon that Apologeti∣cal Declaration, but it is evident that it is invidiously misr••∣presented; 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 secundum quid to be disouned, then that must either be secundum that Assertion of killing any &c. Which is not to be found in it, and so it is not to be disouned at all; or it must be secundum the Declaration of war against the King; And so that quid or formal reason of disouning it, will oblige to disoune all Declarations of war against the King, which cannot be disouned. Others again Object, that it is not required to be disouned for∣mally, but only conditionally, taking & 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 im∣ported in it; for so the Imposers think & say: And if it might pass current under that notion, as a supposition, being equivalent to if so be, then under that sophistical pre∣text, I might renounce the Covenant, or the most indis∣puted 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 prevari∣cations. 2. This must condemn all defensive wai of sub∣jects against their oppressing Rulers, in that a Declaration is abjured in so far as it declares war against the King: to press & perswade people to which, it was usually urged by the Imposers, that when a war is declared by Rebells against the King, then all the subjects are obliged to dis∣oune the Rebells, or else be repute for such themselves: And, when it was alledged the war was ceased, because

the Object declared against was ceased, Charles the Second being dead, otherwise if a man be obliged to give his opinion about a war declared against a King deceased & 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 begining of the Reformation; It was still replyed 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 disoun∣ed, and consequently all Resistence of Superiors 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 rake the Oath because they said they did not understand it, that the meaning was to swear never to rise in armes against the King. Against this it hath been objected by several, that this was alwayes denied by Presbyterians, that ever they declared war against the King, but only for de∣fence of their lives & Liberties, never agai••st the King expressy, purposedly, & designedly, but only against him per accidens 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 qua Rex & perse, or as an oppressor, or an Abuser of his power; the first indeed is to be disouned, for a King as King or Lawful Magistrate must not be resisted Rom. 13. 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 ouned by our Church & State many a time, and they have opposed & declared war as purposedly against him as he did against them, and as really & formally as he was an oppres••or: sure he cannot be an oppressor only per accidens, nor does he declare war against the subjects only pes accidens: However this hath been ouned alwayes 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 ho∣nesty

& faithfulness chiefly consists, but all other most ho∣nest & honourable Declarations, that have been made & emitted by our worthy & renouned Ancestors, and by our Worthies in our oun time, who have formally, avowed∣ly, & explicitely, or expressly, purposedly, & designedly declared their opposition to Tyranny & Tyrants, and their Lawful & laudable designs to repress, depress, & suppress them, by all the wayes & means, that God, & Nature, and the Laws of Nations allow, when they did ipso jure depose & exauctorate themselves from all Rule, or pri∣viledge, or prerogative of Rulers, and became no more Gods ministers but Beelzebubs vicegerents, and Monsters to be exterminated out of the Society of Mankind. The honestest of all our Declarations of defensive war, have al∣wayes run in this strain; And others, insinuating more preposterous Loayltie, have been justly taxed for asserting the Interest of the Tyrant, the greatest enemy of the de∣clarers, and principal object of the declared war; which disingenuous jugling & foysting in such flattering & falsi∣fying distinctions in the State of the Quarrel, hath ration∣ally been thought one of the procuring Causes or Occa∣sions of the discomfiture of our former Appearances, for the Work of God & Liberties of our Country, 3. This must infer an ouning of his Authority as Lawful King; when the Declaration disouning him is abjured in so far as it declares war against his Majestie, for in this Oath he is styled and asserted to be King, and to have the Majestie of a Lawful King, and therefore must be ouned 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 ex∣presly as King, but only against Charles Stewart, by them declared to be no King who set forth the Declaration. But this will not salve the matter; for then (1) It is a sub∣scribing 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 & disouning 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 Ty∣rant, & forefeit his Kingship; yet to repress his illegal ar∣bitrariness & intollerable enormities, and to repel his unjust violence, and reduce him to good order, Subjects, at least for their oun defence, may declare a war expresly, purposedly & designedly against their oun acknowledged King: This ought not in so far to be disouned; For then all our De∣clarations emitted, during the whole time of prosecuting the Reformation, in opposition to our King: would be disouned: And so with one dash unhappily the whole Work of Reformation, and the way of carrying it on, is hereby tacitely & consequentially reflected upon & re∣proached, if not disouned. 4. It must infer an ouning 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 ex∣pressed so much in their Acts, that Church men are as subordinate, and the same way subject to the Kings Su∣premacy, as Statsmen are. The absurdity & 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 Murder∣ing varlets, that serve him in the Church; for his bloody Councellors, and Gouned Murderers, that serve his Ty∣rannical designs in the State; for his bloody Lictors & Exe∣cutioners, the Sword men, that serve him in the Army, whom he may send when he pleases to murder us; and for his bloody Iust-asses, Informers, & Intelligencing Sy∣cophants, the Ziphites, that serve him in the Coun∣try: All these must escape bringing to con••ign punish∣ment, contrary to the 4. Art. of the Solemn League & Covenant, and shall be confuted Head. 6. Against this it

is excepted by the 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 saf∣ly, that it is to be abjured in so far as it asserts it Lawful to kill all that are to be imployed by his Maj. or any because so imployed, in Church, State, Army, or Country; Which never any did assert was Law-ful: But though Murdering principles are indeed alwayes to be declaredly abhorred, and all Refusers of that Oath did both declare so much, and abhorred the thoughts of them; yet this evasion is naught, for (1) The Declaration asserts no such thing, neither for that cause nor for any other, but expressly makes a distinc∣tion, between persons under the Epithet of bloody cruel Murderers, and these only whom it threateneth to animad∣vert upon. (2) The only reason of their declared intent of prosecuting these, whom they threaten to bring to con∣ding punishment, was because they were so imployed by the Tyrant in such service, as shedding the blood of Inno∣cents, Murdering people where they met them; And so thats 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 & causes of it, all these reasons against it will be confirmed; and it will further appear, that the Proclamation it self is indirectly approved. For though it might be sustained: in the ab∣stract, that we may & must renounce such Declara∣tions founded on Principles inconsistent with Govern∣ment, and bearing such inferences as are specified in that Proclamation: yet complexly considering what they mean by Government, and what sort of Societie that is, the Se∣curity 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: Ergo it justifies the Proclamation. It is entituled, as it was really designed, for discovering such as oune or will not disoune the fore∣said Declaration, by them falsely nicknamed, a late treason∣able Declaration of war against his Majestie, and the horrid prin∣ciple of Assassination. And the body of it discovers such hell-bred hatred of & malice against that poor party, desti∣nated in their design to final & total destruction, and layes doun such Contrivances for their discovery and ruin, that the heads & hearts of the Inventors & Authors may seem to be possessed & inspired with the Devils immediatly assisting Counsell, and the Clerks pen that drew it up to have been dipt in the Stygian lake and the Gall & venome of hell: Re∣presenting the Emitters & Abetters & Spreaders of that De∣claration, and all who have been joined in any of their So∣cieties, and all who either will oune or scruple to disoune the said Declaration, in the manner by them tendered & imposed, (which are the Generality of the most tender & consciencious Christians in the Land) under all the vilest & most abominable & odious terms, their malice could invent; as if they were

Insolent & desperate Rebells, associated under a pretended forme of Government, who had formerly endeavoured to disguise their bloody & ex∣ecrable principles, but now had pulled off the mask, and who think it a duty to kill & Murder all who do any manner of way serve the present Rulers, or bear charge under them; who maintain principles inconsistent with all Government & Society, and tending to the destruc∣tion of the lives of their Loyal & honest subjects; Treach∣erous & assassinating principles &c. who now have de∣clared their hellish intentions, and for the better perfor∣mance of their mischievons designs, do lurk in secret, and are never discerned but in the acts of their horrid as∣sassinations, and passing up & doun among the Kings Lo∣yal subjects, take opportunity to murder & assassinate, like execrable Rebells; And Calling that Declaration, an execrable & damnable Paper &c.

All which are ex∣ecrable & damnable lies, and forgeries of the father of them, and a Charge which all their Sophistrie can never

make out in any particular: Yet by them amplified to a swelling hight of heinousness; And among other circum∣stances, aggravated from their frequent refusing the re∣iterated Offers of their Clemency, by which they under∣stand their contempt of their presumptuous, Christ-de∣fying, and Church-destroying Indulgences, and their not submitting to their insnaring & base Indemnities, or their conscience-cheating Bonds & Oaths by them so finely busked. From these impudently pretended premises, in their falsly forged viperous Narative, they lay doun their bloody Methods & Measurs for prosecuting that poor people, with all rigour of Savage Severity; Ordain∣ing, that whosoever shall oune that Declaration, and the

principles therein specified

(which is a lager 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 Decla∣ration) or whosoever shall refuse to disoune the same— shall be execute to the death; And

commanding all sub∣jects to concur, and do their utmost endeavour, to seek, search, delate, & apprehend all such, under the sever∣est penalties of the Laws; And to difference the good from the bad (meaning their oun Associates & friends,

from Christs followers) by discriminating signs,

Declar∣ing it their pleasure, and requiring all past the age of six∣teen years, not to presume to travel without Testificates of, their Loyaltie & 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 & used as Concurrers with the said Re∣bells; Commanding all Heretors &c. to give up the lists of the names of all under them, before the Curate; Declar∣ing, if any shall refuse to concur in such service, shall be holden as guilty of the foresaid crimes & punished accord∣ingly; And strictly prohibiting, all to harbour, lodge, or intertain any, unless they have such certificates under the same pain; And for encouragment 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-hatcht Proclamation, so grievous for its effects, so dreadful for its designs, so mon∣strous for its absurdities, that the like hath not been seen: Whereby not only the countries Interest & Trade hath been prejudged, by compelling all to have a pass in time of peace, and these to be procured at exorbitant rates, op∣pressing poor people; Not only common Hostlers & Inn∣keepers are made Judges, impowered to impose Oaths upon Passengers for their passes, that they be not forged; but many consciences coozened, cheated, wounded, & insnared, and the whole Land involved in sin. But they that took this Oath have approved & justified this detestable, execrable, bloody Proclamation, the supurious spawn of the Devills venome against Christ 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 prescript was found∣ed, and the methods by which it was prosecuted, which hath a dreadful Medley of iniquitie in it. Hence (1) They have subscribed to all these Odious Characters wherewith they branded that poor persecuted party, and have con∣demned them as Insolent, desperate Rebells, Murderers, bloody Assassins &c. (2) In disouning that Declaration, they have disouned the principles therein specified, and consequently all the Testimonie against this Usurping faction of Overturners of the Work of Reformation, Ac∣tive & passive, that have been given & sealed by the emi∣nent Servants of God, since this Catastrophe, the princi∣ple of Defensive Armes, and our Covenants, and several others which are therein specified. (3) They have given their consent to all the concurrence there required, for seeking, searching, delating, & apprehending of these people, and to all the cruel villanies committed against them. (4) They have taken on their prescribed discri∣minating

Sign of Loyaltie, and of being repute by them men of good principles, that is, their friends, men for the times: Which is so sinful & scandalous, that it is shameful to hint at them, and yet shameful to hide them.

6. If we consider the Apologetical Declaration it self, which is so bespattered, and so odiously represented, and so rigorously enjoined to be abjured; who will more nar∣rowly look into it, and ponder & perpend the purpose & Scope of it, will see nothing that can be abjured conscien∣ciously in it, but the whole of it, laying aside prejudice & invidious Critical Censoriousness, capable of a fair & ac∣ceptable Construction. The Motives leading them to set it forth, being only their desires and just endeavoures to prosecute, and secure themselves in the prosecution of, Holy Commanded Duties, and

to keep a standing Testimony, against the Insolencie of those that are given up of God, to lay out themselves in promoving a Course of profanity & persecution,

notwithstanding of all their viperous threatenings. Their Measures being none other, than

the commendable precedents & Examples of zealous & ten∣der hearted Christians, who have done the like, and our National and Solemn Covenants,

lying with their bind∣ing force indispensable upon all of us, and obliging us to endeavour all thats there declared, as being bound for ever to have common friends & foes with our Covenanted Re∣formation, to all which they declare & avouch their re∣solved adherence, And their oun former Declarations, Disouning their Allegiance to, & Authority of a Man who had ipso jure forfeited all Authority, by his intollerable Ty∣rannie, Perjurie, & perfidious breach of Trust, reposed & devolved upon him by Covenant, and by his overturn∣ing all the fundamental constitutions of the Government, perverting, inverting, & everting all Laws, all Liber∣ties all Priviledges of Church & State, all establishments of our Covenanted Work of Reformation, all Securities of our life and enjoyments whatsoever, Usurping to him∣self an absolute Tyrannical Civil Supremacy, inconsistent with the safety or freedom of the people, and a monstrous blasphemous Ecclesiastical Supremacy; Upon which con∣siderations,

to endeavour to make good their freedom & emancipation from that yoke which they had cast off, they behoved to resolve upon defensive resistence, against him and his bloody emissaries; Which war being declared be∣fore, they only in this Declaration testified their unani∣mous approbation of▪ adherence to, and resolutions for prosecuting the same, against him & his accomplices, such as lay out themselves to promove his wicked & hellish de∣signs: By which war they do not mean a formed stated & declared Insurection 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, in∣justice, oppression, & persecution of this wicked faction, now raging rather than reigning, who have declared & still prosecute a declared war against Christ, bearing doun His Work & Interest in the Land;

And a constant endeavour, in opposition to them, to pursue the ends of our Cove∣nants, in standing to the defence of the Glorious Work of Reformation, and their oun lives; And in the defence thereof, to maintain the cause & Interest of Christ against His enemies, and to hold up the Standard of our Lord Je∣sus Christ, (meaning the Gospel & the Word of our Testi∣mony,) whereunto they looked upon themselves as bound & obliged by their holy Covenants, being therein dedi∣cated to the Lord in their persons, lives, Liberties, & fortunes, for defending & promoving this Glorious Work of Reformation, notwithstanding of all opposition, that is or may be made thereunto, and sworn against all neu∣trality & indifferency in the Lords Matters: Whereunto they beseech, invite, & obtest, all them who wish well to Zion to a concurrence & concerting the same cause & Quarrel.

In maintaining of which opposition against such wicked Enemies, because by them they were restlessly pur∣sued and hunted, and Murdered wherever they were found, neither could find any harbour or hiding place in any Cor∣ner of the country, for Searchers, Informers, & Justiga∣tors, who still stirred up the country to raise the hue & Crye after them, and caused them to be delivered up, and de∣l••ted 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 & vigorous opposition, and that they might expect to be treat∣ed as they deserved. Wherein they are far from ouning assassinating principles, or practising assassinations; for they give only open & plain warning, and advertisement to the world, of their necessitated endeavours to defend them∣selves, and prevent the Murder of their Brethren: And can no way be charged, with asserting it Lawful, to kill all em∣ployed in the Kings service in Church, State, Army, or Country, as the Proclamation in viperous invective Ca∣lumny misrepresents the Declaration,

but on the contrary do jointly & unanimously declare, they detest & abhor that hellish principle of killing such as differ in judgement from them, and they are firmly & 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 tumultuarly, but to prosecute them with all the legal formalities, that Justice in their Capacity, and the times disorder & distract∣ed condition, will allow; Expressly declaring, that

they abhor, condemn, & discharge all personall attempts upon any pretext whatsomever, without previous deli∣berations, common consent, certain probation of suffi∣cient witnesses, or the guilty persons confession

. Neither could it ever be supposed, that they threaten all imployed in the Kings service with this sort of handling, but some select & expressly distinguished Kind of Notorious villains, men of death & blood, openly avowing & vaunting of their Murders: and these they distinguished into several Classes, according to the respective aggravations of their wicked∣ness: In the first, they place those that Murder by Command,

under pretext of an usurped Authority, as Councellours, Justiciary, & Officers of their forces, or bands of Robbers & not all nor any of these neither but the cruel & bloody.

In the second Class, they threaten such as are actually in armes against them of an inferior rank; And such Gentlemen, and Bishops, & Curats, as do professedly & willingly serve

them to accomplish & effectuate their Murders, by obeying their commands, making searth for these poor men, delive∣ring them up, instigating, informing, and witnessing against & hunting after them: & 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 peremptorly, but that continuing after the publication of

this their Declaration obstinately & 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 & the Reformation, and punish them as such, according to their power, and the degree of their offence; Withall leaving room for Civil & Ecclesiastical satisfaction, before Lawful & settled Judicatories, for the offences of such persons,

as their power may not reach &c. And as unwilling to be necessitated to such se∣vere Courses, and earnestly desirous they be prevented, they admonish them with sorrow & seriousness, of the sin & 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 revange. This is all that is contained in that Declaration. And if here be any thing there so odious & execrable, to be so solemnly abjured, renounced, & abhorred in the persence of God, for the pleasure of and in obedience to the will of His & our ene∣mies, let all unbyassed Considerers impartially weigh, or any awakened Conscience speak, and I doubt not but the swearing & subscribing this Oath will be cast & condemned. I shall say nothing of the necessity, or conveniency, or expediency, or formality of this Declaration: but the Law∣fulness of the matter complexely taken is so undeniable, that it cannot be renounced without condemning many very Material Principles of our Reformation: Only Suc∣cess & Incapacity is wanting to justify the manner, whole proceedure, formality, and all the Circumstances of the business; If either the Declarers themselves, or any other i•• powered with strength and countenanced with success

to make good the undertaking, had issued out such a De∣claration in the same terms, and had prevailed & prospered in the Project, many that have now abjured it would ap∣prove & applaud it. But passing these things that are ex∣trinsick to the consideration in hand, it is the matter that they required to be abjured & condemned, it is that the enemies quarrelled at, and not the inexpediency or infor∣malities of it: And it must be taken as they propound it, and abjured & renounced by Oath as they represent it: And therefore the iniquity of this subscription will appear to be great, in two respects: First in denying the Truth: Secondly in subscribing to, & swearing a Lie. 1. They that have taken that Oath have denied & renounced the matter of that De∣claration; which is Truth & duty, and a Testimony to the Cause of Christ, as it is this day Stated & Circumstan∣tiate in the Nation, founded upon former (among us un∣controverted) precedents & Principles of Defensive Wars, disouning Tyranny, & repressing the insolency of Tyrants & their Accomplices; the whole matter being reducible to these two Points, Declaring a resolved endeavour of breaking the Tyrants yoke from off our neck, thereby asserting our oun & the posterities Liberty & freedom from his insupportable & entailed slavery; And a just Threaten∣ing to curb & restrain the insolency of Murderers, or to bring them to condign punishment: Whereof as the first is no wayes 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 & Covenant. But all this they have denied by taking that Oath. 2. By taking that Oath, they have sworn & subscribed to a Lie, taking it as they represent it, abjuring it in so far as it declares &c. & asserts it is Lawful to kill all imployed 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 quatenus, eatenus, in so far, will not satisfie as Voetius Judg∣eth

de Pol. Eccl. P. 213. So let them be taken which way they can, either for in quantum, or quatenus, or si modo, it is either a denying the Truth, or subscribing a Lie: And Consequently, these poor people suffered for Righteous∣ness 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, founded upon Positive duties, for doing, and not denying, and not promising & 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 most fre∣quently, 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 & Root, Cause & Occasion of all the rest; to wit, the Necessary duty of hearing the Gospel, & following the pure & power∣ful faithfully dispensed Ordinances of Christ, banished out of the Churches to private houses, and persecuted out of houses to the Open Fields, and there pursued & opposed, and sought to be suppressed, by all the fury & force, rigour & rage, Cruelty & Craft, policy & power, that ever wicked men, madded into a Monstrous Malice against the Mediator Christ and the Coming of His Kingdom, could contrive or exert: yet still followed & frequented, ouned & adhered to, by the Lovers of Christ & 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 & sold for slaves, tor∣tured,

& Murdered. And after, by their fraudulent fa∣vours of ensnaring Indulgences & Indemnities, and a Continued tract of Impositions & Exactions, and many Oaths & Bonds, they had prevailed with many, and even the most part both of Ministers & Professors, to abandon that necessary duty; And even when it was declared Cri∣minal by Act of Parliament, and interdicted under pain of death, to be found at any Field Meetings; they neverthe∣less persisted in an undaunted endeavour, to keep up the Standart 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 & oblequies of pretended friends, that had turned their back on the Testimony, and preferred their oun ease & Interests to the cause of Christ; and with the greater fervor, 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 Sixt Period; to wit, finding themselves bound in duty, to Testifie their Adherence to & Continuance in their Cove∣nanted profession, their Abhorrence of Abjured Prelacy, and their Love & Zeal to keep Christ & His Gospel in the Land; after they had undergone & endured many hazards & hardships, oppressions & 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 un∣avoidable inconveniences of all Weathers without a shel∣ter: yet proposing the advantages, both of Conveniency for Meeting in greater Numbers, and of Secrecie in the remote recesses of Wild Moors & Mountains, and of Safety in be∣taking themselves to inaccessible Natural Strengths, safest either for flight or resistence, And withal having occasion there to give a Testimony for the Reformation with greater freedom. And to this very day, though many have a pre∣tended Liberty to meet in houses, under the security of a Mans promise whose principle is to keep no faith to Hereeicks,

and under the shelter & shadow of an Antichristian To∣leration; yet there is a poor people that are out of the Com∣pass of this favour, whom all these forementioned rea∣sons do yet oblige to keep the fields, that is both for Con∣veniency, 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 shuting themselves within houses; And mor∣over they take themselves to be called indispensably, in the present Circumstances, to be as publick, or more than ever, in their Testimony for the Preached Gospel, even in the open Fields. Now this would be a litle cleared: And to essay the same, I would offer first, Some Concessions. Secondly some Postulata or Supposed Grounds. Thirdly 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 Wor∣ship of God is astricted, and which He hath chosen for His House & Habitation, whither He will have His people to resort and attend, as under the Legal & Typical Dispen∣sation was ordered: there was a place where the Lord caused His Name to dwel Deut. 12. 5, 11. But now, nei∣ther in the Mountain nor at Ierusalem the Father will be Worshipped, but every where and any where in Spirit & in Truth Iohn. 4. 21, 23, 24. And the Apostle wills that men pray every where, lifting up holy hands, without wrath & doubting 1 Tim. 2. 8. We abhor therefore the English & Popish Superstition of Consecrated places, and assert that all are alike in this respect, houses or fields.

2. In the Constitute case of the Church, or when ever it can be obtained, Order, Decency & Conveniency doth require that there be appointed places, sequestrate & ap∣propriate for the Meetings of the Lords people, according to that General Rule, Let all things be done decently & in order

1 Cot. 14. ult. And in that case private Conventicles, set up in a Schismatical Competition with Publick Churches, are not to be allowed. But even then, Private Meetings for prayer & conference, are necessary, Lawful, & Laudable. But now the Church is broken by a Crew of Schismatical Intruders, who have occupied the places of Publick As∣semblies, and thrust out the Lods Ministers: It is these we scare at, and not the place.

3. Suppose a Magistrate should interdict & Discharge the publik place of Worship, and restrain from the Church∣es, but leave all other places free to meet in; or if he should prohibite 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 Sacrile∣gious Injury done to the Church, in taking away their Meeting places; yet it were inexpedient to stickle & 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 Churches priviledges, 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 be∣sides, we have to do with one from whom we can take no orders to determine our Meetings; nor can we acknow∣ledge our Liberty to depend on his Authority, or favour, which we cannot oune nor trust, nor accept of any Pro∣tection from him. Neither is it the place of fields or hous∣es, 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 promove & improve, and he is seeking to suppress. The contest betwixt him & us is the Service of God in the Gospel of His Son, that we profess without ouning him for the Liberty of its exercise: And therefore as an Enemy to the Matter & Object of these Religious Exercises, which are the eye-sore of Antichrist,

he prosecutes with such rage the manner & Circumstances thereof.

4. Even in this case, when we are persecuted in one place we flee unto another, as the Lord allowes & directs Math. 10. 23. And if occasionally we find a house, either publick, or a Church, or a private dwelling house that may be safe or convenient, or capacious of the num∣bers gathered, we think it indifferent to meet there or in the Fields: But in the present circumstances, it is more for the conveniency of the people, and more Congruous for the dayes Testimony, to keep the Fields in their Meet∣ings, even though it irritate the incensed Enemies. Which that it may appear.

Secondly, I shall offer some Postulata or Hypotheses to be considered, or endeavour to make them good, and infer from them the necessity & expediency of Field Meetings at this time in these circumstances: which consequently vin∣dicate the Sufferings that have been thereupon Stated form∣erly, 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, & Interest, makes it indispensable in all cases. It is necessary for their Mutual help, two are better than one for if they fall the one will lift up his fellow, Eccles. 4. 9, 10. It is necessary for their Mutual encouragment in an evil day, to speak often one to another, which the Lord hath promised to take special notice of Mal. 3. 16, It is necessary for cherishing Mutual Love, which is the New Commandment, and the badge of all Christs Disciples Iohn. 13. 34, 35. a principle which they are all thaught of God. 1 Thess. 4. 9. It is necessary for nurissing Union to com∣municate together, in order to their being of one mind & of one mouth, and that they receive one another Rom. 15. 5, 6, 7. 1 Cor. 1. 10. standing fast in one Spirit, striving to∣gether for the faith of the Gospel Phil. 1. 27. It is necessary for serving one another in Love Gal. 5. 13. bearing one anothers burdens, & so fulfilling the Law of Christ Gal. 6. 2. submit∣ting to one another Ehphs. 5. 21. 1 Pet, 5. 5. teaching &

admonishing one another Col. 3. 16. comforting one another 1 Thess. 4. ult. edifying one another 1 Thess. 5. 11. exhorting one another Heb. 3. 13. It is necessary for considering one another, & provoking unto love & 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 wil∣fully Heb. 10. 24, 25, 26. Must these things depend on the Magistrats Allowance? or can they be done without meet∣ing together in private or publick? 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 door, they must do it without.

2. There is a necessity for Meeting for preaching & h••aring the Gospel; the enjoyment whereof hath alwayes been the greatest design & desire of Saints, who could not live with∣out it; therefore they loved the place where the Lords Honour dwelt Psal. 26. 8. This was the one thing they desired of the Lord, and that they would seek after, to behold the beau∣ty of the Lord Psal. 27. 4. for this they panted, and their Soul thirsted Psal. 42. 1, 2. without which every Land is but a thirsty Land, where there is no water, where they can∣not see the power & the Glory of God as they have seen it in the Sanctuary Psal. 63. 1, 2. O how amiable are His Taberna∣cles? one day in His Courts is better than a thousand else where Psal. 84. 1, 10. No gladness to them like that of going to the House of the Lord Psal. 122. 1. A Christian can not possibly live without Gospel Ordinances, no more than Children can want the breasts, or the poor & 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 no where else Isai. 41. 17, 18. There is an innate desire in the Saints after it, as new born habes they desire the sincere milk of the Word 1 Pet. 2. 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 is will. It is the greatest desire of the Spouse of Christ, to know where He feeds and where to find the Shepherds tents, where they may rest at noon Cant. 1.

7, 8. And not only in their esteem is it necessary; but in it self, the Church cannot bear the want of it, for where there is no vision the people perish Prov. 29. 18. and when there is no open vision, the Word of the Lord is then very pre∣cious 1 Sam. 3. 1. No wonder then that the Lords people make such adoe for it, in a famine of it, that they go from sea to sea, to seek it Amos 8. 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. 5. 9. Seeing they cannot live without it. Would men be hindered by Law, from seeking their natural food? nay they would fight for it be∣fore 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, & the favour of God.

3. It is necessary that the Meetings be as publik, as they can be with Conveniencie & Prudence; yea simple hazard should no more hinder their Publickness & Solemnity, than their being at all. Especially in an evil time, when wick∣edness is encouraged & established, and conformity thereto pressed, Truth banished, and a Witness for Christ sup∣pressed, Corruption in Doctrine, Worship, Discipline, & Government connived at, countenanced, and ad∣vanced, the Word of God is become a reproach, and men have no delight in it, Apostacy is become universal, and both Magistrats & Ministers generally turned promoters of it, which is the true Discription of our times: Then the Meetings of the Lords people, that endeavour to keep clean Garments, should be more frequent, publick, & avowed. The reasons are. 1. Then the Call of God, by His Word & Works, is more clamant, for publick & so∣lemn humiliation. in order to avert publick imminent judg∣ments and impendent stroks from God. It is not enough to reforme our selvs privately & personally, and to keep our selves pure from such Courses by an abstraction & with∣drawing from them as is proved Head. 1. (where this is improved as an argument against hearing the Curats) Nor is it enough to admonish, exhort, reprove, & 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. 9. 4. and they that do so, wil be found on the Mountains like doves in the val∣leyes all of them mourning every one for his iniquity Ezek. 7. 16. and not only to by humbled every family apart, but there must be a great Mourning as the Mourning of Hadadrimmon in the valley of Megiddon Zech. 12. 11. to the end. That is a Solemn publick 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 Zeph. 2. 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—Ioel. 2. 15, 16. As was exemplified in Ez∣ra's time, when there were great Congregations of people assembled publickly, weeping very sore, then there was hope in Israel Ezra. 10. 1, 2. and when that Messenger of the Lord came up from Gilgal to the people of Israel, and re∣proved them for their Defections & Compliance with the Canaanites, they had such a solemn day of humilation, that the place of their Meeting got a name from it, they called the name of that place Bochim, that is, Weepers Iudg. 2. 4, 5. And when the Ark was at Kirjath-jearim all the house of Israel lamented after the Lord—and they gathered to∣gether to Mizpeh and drew water & poured it out before the Lord 2 Sam. 7. 2, 6. I shew before, that there is reason to fear that the sins of a few, especially of Magistrats & Ministers, will bring wrath upon the whole body of the people, as is plain from these Scriptures Levit. 10. 6. Isai. 43. 27, 28. Lam. 4, 13. Mic. 3. 11, 21. shewing the sins of Ministers may procure universal Destruction. And 2 Sam. 24. 25. 2 King. 21. 11. Ier. 15, 4. proving the sins of Magistrats may procure it: And Num. 3. 14, 15. Iosh. 22. 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 & avert such publick judg∣ments, is to make our resentment of these indignities done to our God, our Mourning over them, and our witness against them, as publick as the sins are, at least as publick as we can get them, by a publick pleading for Truth Isai. 59. 4. for the defect whereof He hides His face, and wonders that there is no man, no Intercessor vers. 16. that is none to plead with God, in behalf of His born doun Truths: There must be in order to this, a publick seeking of Truth, which if there be any found making conscience of, the Lord makes a gracious overture to pardon the City Ier. 5. 1. we cannot think there were no mourners in secret there, but there was no publick Meeting for it, and publick oun∣ing the duty of that day: There must be valour for the Truth upon the earth Ier. 9. 3. a publick & resolute ouning of Truth: There must be a making up the hedge & standing in the Gap for the Land, that the Lord should not destroy it Ezek. 22. 30. a publick Testimony in opposition to defection: There must be a pleading with our Mother Hos. 2. 2. which is spoken to private persons in the plural number Commanding all that would consult their oun safety, publickly to condemn the sins of the whole Nation, that they may escape the pu∣blick punishment thereof, as it is expounded in Pool Synops. Critic. in locum. By this means we must endeavour to avert the wrath & anger of God, which must certainly be ex∣pected to go out against the Land, which hath all the pro∣curing causes, all the Symptoms, Prognosticks, & Evi∣dences of a Land devoted to destruction, that ever a Land had. If then there must be such Publick Mourning, and such Solemn Gathering for it, such public pleading for Truth, Seeking of Truth, valour for Truth, making up the hedge, and pleading with our Mother, there must of Necessity be publick Meetings for it: for these things can∣not be done in private, but must be done by way of Testi∣mony. Which I make a 2. Reason. The Nature & End of Meeting for Gospel Ordinances is for a publick Testimony for Christ and His Truths & Interest, against Sin and all dishonours done to the Son of God. So that the only end,

is not only to bring to Christ & build up Souls in Christ, but it is to Testify also for the Glory of Christ, whether Souls be brought in & built up or not. The Preached Gospel is not only the Testimony of Christ 1 Cor, 1. 6. but a Testimo∣ny for Christ; in which sense, The Testimony of Iesus is said to be the Spirit of Prophesie Revel. 19. 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 Ps. 122. 4. Whensoever therefore or howsoever the Testi∣mony of the Church is contradicted, thats not a Lawful Meeting of the tribes of the Lord. It is also the Testimo∣ny of the Preachers for Christ, against them that will not receive them, Mark. 6. 11. And a Witness unto all Nations to whom they preach. Math. 24. 14. And of all the Wit∣nesses that hold it & suffer for it Rev. 6. 9. And the same which is the Word of Christs Testimony, is the Word of theirs Rev, 12. 11. by which they overcome, & for which they love not their lives. Wherever then the Gospel is preached, it must be a Testimony: But it cannot be a Testi∣mony, except it be Publick, at least as publick as it can be, as we find all Christs Witnesses were in the Old & New Testaments. 3. The Motive or principle prompting the Lords people to a frequenting of Gospel Ordinances, is a publick Spirit stirring up to a publick Generation Work, whereof this is the Scope, to promote the Kingdom of Christ, and not only to obey the Lords Command enjoin∣ing the duty, to enjoy the Lord the end thereof, or to edi∣fy their oun Souls; But to partake in & promote this Great Work of the Day, for the Glory of God and the Churches good. For the Gospel is not only a Banner of Love over His Friends, but Christs Standart of war against His Enemies Isai. 59. 19. under which, all that countenance it, are called to list themselves as His Souldiers called, & chosen, & faithful: And it is required of His Souldiers, that they be valiant for the Truth upon the earth, Discovering a Gallant greatness & generosity of a Publick Spirit, having their designs & desires not limited to their oun interests,

even Spiritual, but aiming at no less than Christs Publick Glory, the Churches publick good, the Saints publick Comfort, having a publick Concern for all Christs Inte∣rests, Publik Sympathie for all Christs Friends, and a pub∣lick declared Opposition to all Christs Enemies: This is a Publick Spirit, the true Spirit of all Christs zealous Lovers & Votaries: Which, when He is a missing, will prompt them to go about the City, in the streets, and in the broad wayes, to seek Him whom their Soul loveth Cant. 3. 2. and not only in their beds, or secret corners, but they must go to the streets, and to the fields, and avow their seek∣ing of Christ, even though the Watchmen should smite them, & the keepers of the walls take their vails from them Cant. 5. Which obliges them not only to take Him in to their oun Cottages, and intertain 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 becom the Kingdoms of the Lord; and if they cannot get that done, yet that He may have the Throne in ••her Mothers house, and take up His abode in the Church, or Nation they belong to, that there His Ordinances be established in purity, peace, plenty, & power, according to His oun 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 Childrens treacherie the Usurping Enemy be invited in to His place & Habitation, and take violent possession of it, and enact His extrusion & 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 & poor people that trust in the Name of the Lord— that they may feed & Lie doun & none make them afraid Zeph. 3. 12, 13. that the poor of the flock that wait on Him may know that it is the Word of the Lord, Zech. 11. 11. they will lay out themselves to strengthen their hands. This is the Work of the publick 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 Standart of Christ, against all opposition, from

mountain to hill, when now Zion hath been Labouring to bring forth as a woman in travel, and made to go forth out of the City, and to dwell in the field Mic. 4. 10. There∣fore seeing it is the publick Work of the day, and all its followers must have such a publick spirit, it followes that the Meetings to promote it must be as publick as is possible. 4. The Interest & priviledge of the Gospel, to have it in freedom, purty, power, & plenty, is the publick Con∣cern of all the Lords people, preferable to all other In∣terests, and therefore more publickly, peremptorly and zealously to be contended for, than any other Interest whatsoever. It is the Glory of the Land 1 Sam. 4. 21. without which, Ichabod may be the name of every thing; and every Land, though never so pleasant, will be but a dry & parched Land, where no water is, in the esteem of them that have seen the Lords Glory & power in the Sanctuary Psal. 63. 1. Where as its name is Hephzibah & Beulah Isai. 62. 4. and Iehovah-Shammah Ezek. 48. ult. where God is en∣joyed in His Gospel Ordinances; And the want & reproach of the Solemn Assemblies, is a matter of the saddest mourning to the Lords people Zeph. 3. 18. Therefore while the Ark abode in Kerjath-jearim the time was thought very Long, and all the house of Israel Lamented after the Lord 1 Sam. 7. 2. then they heard of it at Ephratah and found it in the fields of the Wood Psal. 132. 6. But it hath been longer than twenty years in our fields of the Woods, and therefore we should be Lamenting after it with greater concernedness; espe∣cially remembering, how we were priviledged with the Gospel, which was somtimes publickly embraced & countenanced by Authority, and ensured to us by Laws, Statutes, Declarations, Proclamations, Oaths, Vowes, & Covenant-engagments, whereby the Land was dedicat∣ed & 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 & Antichrist? And how shall this be, but by a publick Con∣tending for this priviledge, and a resolving they shall sooner bereave us of our hearts blood, than of the Gospel in its

freedom & purity? But this we cannot contend for pub∣lickly, if our Meetings be not publick. 5. The nature & business of the Gospel Ministrie is such, that it obliges them that exercise it to endeavour all publickness, without which they cannot discharge the extent of their Instruc∣tions: their very names & titles do insinuate so much. They are Witnesses for Christ, and therefore their Testi∣mony should be publick, though their Lot oftentimes be to Witness in Sackcloth: They are Heraulds, and therefore they should Proclaim their Masters Will, though their Lot be often to be a voice crying in the Wilderness, as Iohn the Baptist was in his field Preachings: They are Ambassadours, and therefore they should maintain their Masters Majestie, in the Publick port of His Ambassadours, and be wholly taken up about their Soveraigns business: They are Watch∣men, and therefore they should keep & maintain their post their Masters hath placed them at: Nay they are Lights & Candles, and therefore cannot be hid Math. 5. 14, 15. The Commands & Instructions given them, infer the nec••ssity of this: They must cry aloud, and not spare, and left up their voice like a Trumpet, and shew the Lords People their transgressions & sins Isai. 58. 1. They are Watchmen upon Ierusalems 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 Ierusalem a praise in the earth Isai. 62. 6, 7. They are Watchmen, that must command all to hearken to the sound of the Trumpet Ier. 6. 17. They must be valiant for the Truth upon the earth Ier. 9. 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. 2. 5, 6. They must cause the people to know their abominations Ezek. 16. 2. and the abominations of their Fathers Ezek. 20. 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 Math, 10. 27. These things cannot be done in a Clandestine way. And there∣fore now when there is so much necessity, it is the duty of all faithful Ministers, to be laying out themselves to the utmost in their Pastoral function, for the suppreffing of

all the evils of the time, not withstanding of any prohibi∣tion to the contrary, in the most publick manner, accord∣ing to the examples of all the faithful servants of the Lord, both in the Old & New Testaments; Though it be most impiously & Tyrannically interdicted, yet the Laws of God stand unrepealed, and therefore all who have a Trumpet & a Mouth should set the Trumpet to their Mouth, and sound a certain sound; not in secret for that will not alarme the people, but in in the most publick manner they can have access to. And it is the duty of all to come & hear & obey their Warnings & Witnessings, com∣mand who will the contrary. It was for mocking, despi∣sing His Words, & misusing His Prophets, that the wrath of the Lord arose against His people, the Iewes, until there was no remedy 2 Chron. 36, 16. Therefore from all that is said, it must be Concluded, that Meetings for Gospel Ordinances must be as publick 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 Mercat 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 Meettngs, & publick Meetings, And seeing we cannot and dare not in Con∣science countenance the Curats Meetings; we must hear, oune, embrace, & follow such faithful Ministers as are cloathed with Christ Commission, Righteousness, & sal∣vation, and do keep the Words of the Lords patience, and the Testimony of the Church of Scotland in particular. This I think will not, or dare not be denyed, by any that oune 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 Mi∣nistry, & is sealed sensibly in the conviction of many, & con∣fession of moe) That Christs Ministers & Witnesses, em∣ployed about the Great Gospel Message, cloathed with His Authority, & under the obligation of His Commands lying upon them, must preach, & the people must hear them, not withstanding 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 Majest. circa Sacra. Part. 1. Pag. 334. &c. Rutherf. Due right of Presb. Pag. 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 Act. 4. 19. They must not cease, wherever they have a Call & Occa∣sion, to Teach & Preach Iesus Christ Act. 5. ult. Necessity is laid upon them, yea wo unto them if they Preach not the Gospel 1 Cor. 9. 16. In all things they must approve themselves, as the Ministers of God, in much patience, in afflictions, in necessities, &c. by honour & dishonour, by evil report & good report, as deceivers and yet true, as unknown & yet well known—2 Cor. 6. 4, 8, 9. They must preach the Word, be instant in season, & out of season, reprove, rebuke, exhort, with all long suffering & doctrine 2 Tim. 4. 2. Dare any say then, that a Magistrats or Tyrants Laws can exauctorate a Minister? or silence him by his oun proper elicite acts, as King or Tyrant, or formally & im∣mediately? Will Mischiefs framed into a Law, warrant such iniquity? or an act of a King of Clay rescind the Mandats 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 & Acts of the General Assemblies, have any weight in the case? And yet these are all that can be alledg∣ed, except odious & invidious Calumnies, the ordinary Lot of the most faithful, against the present preachers in the fields, which are sufficiently confuted in their late Infor∣matory 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 outmost 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, cover∣ed, countenanced more & more, Division nothing abated, but new oyl cast daylie into the flames of devouring Con∣tentions; the people generally drouned in the deluge of

the times snares & sins, and like to be over whelmed in the inundation of black Poperie, now coming in at the opened sluce 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 & 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. 2. 7. especially when there are so many, that have palpably betrayed their Trust; and so few that are faithful in the necessary Testi∣mony of the day. Seeing then faithful Ministers must preach, & people must hear, where can they meet with conveniency, & safety, & 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, whereever they have a Call; their relation now, in this disturbed state of the Church, being to be considered more extensively, than in its settled condition. For understanding which, we must distinguish a three or four-fold 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. 4. 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 Catholick Church, though not a Catholick Minister of it; which is his primary relation; for that is the Church, in which Ministers are set 1 Cor. 12. 28. and to which they are given Eph. 4. 11, 12. Thirdly, He is a Mi∣nister 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 relati∣ons: 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 & binds. See M^r Durhams Degression on this particular on Revel. chap. 2. pag. 89. &c. in quarto. For thô he be not a Catholick Officer, having an equal relation to all Churches, as the Apostles were; Nevertheless he may exerce Ministerial Acts Au∣thoritatively, upon occasions warrantably calling for the same, in other Churches, as Heraulds of one King, having Authority to charge in His Name wherever it be; espe∣cially in a broken state of the Church, when all the restric∣tion his Ministerial relation is capable of, is only a tye & 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 Masters Authority is acknowledged, the Servants 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 Christs body, as far as his Ministrie can reach, according to the Second relation. 3. His relation to the whole Church is princi∣pal, that which is fixed to a part is only subordinate, be∣cause it is a part of the whole. 4. His Commission is indefinite to preach the Gospel, which will s••it as well in one place as in another. 5. The same great ends of the Churches greater good & edification, which warrands fixing of a Minister to a particular charge in the Churches peaceable state, will warrand his officiating more large∣ly in her disturbed state, 6. Else it would follow that a faithful Minister, standing in that relation to a disturbed & destroyed Church, and all his gifts & 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 Ministrie, so

long as Christ hath work for him, if he continue faithful. 8. This hath been the practice of all the Propogators of the Gospel from the begining, and of our Reformers in parti∣cular; without which they could never have propogated it so far: And it was never accounted the Characteristick of Apostles, to preach unfixedly; because in times of perse∣cution, Pastors & Doctors also might have Preached wher∣ever they came, as the Officers of the Church of Ierusalem did, when scattered upon the persecution of Stephen Act. 8. 1. did go every where preaching the Word ver. 4. Since therefore they may & must Preach in this unfixed manner, they must in this broken State look upon all the Godly in the Nation, that will oune & hear them, to be their Con∣gregation, and embrace them all, and consult their conve∣niency & universal advantage, in such a way as all equally may be admitted, and none excluded from the benefit of their Ministrie. And therefore they must go to the fields with it.

6. The Lord hath so signally ouned, successfully counte∣nanced, and singularly sealed Field-Preaching in these un∣fixed exercises, that both Ministers & people have been much encouraged against all opposition to prosecute them, as having experienced much of the Lords power & pre∣sence in them, and of the breathings of the enlivening, en∣larging, enlightening, and strengthening Influences of the Spirit of God upon them. The people are hereby called, in this case of defection, to seek after those waters that they have been so often refreshed by: For in this case of defection, God being pleased to seal with a palpable Bless∣ing 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 ouned of the Lord. And it being beyond all doubt, that the Assemblies of the Lords people to partake of pure Ordinances, with full freedom of Conscience in the fields, hath been signally ouned & blessed of the Lord, and hath proven a mean to spread the knowledge of God beyond any thing that ap∣peared in our best times; And in despight of this ••ignal Ap∣pearance of God, and envy at the good done in these

Meetings, all endeavours being used by wicked men to suppress utterly all these Rendevouzes of the Lords Militia, both by open force & 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 & understand it, that this way of preaching, even this way, was that wherein His Soul took pleasure, and to which He hath been & is calling all who would be co-workers with Him this day, to help forward the Interest of His Crown & Kingdom. Many hundreds of persecuted people can wit∣ness 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 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 Spirits pouring out from on high, they found the wil∣derness to be a fruitful field, and in their esteem, their feet were beautiful upon the Mountains that brought good tid∣ings, 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 litle strength, and kept His Word, and did not deny His Name, found that verified in their experience, which is said of Philadel∣phia Revel. 3. 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 peoples ears were opened to wel∣come the same, in love to edification, simplicity, & dili∣gence, on the other. 2. This had real changes following, many being made humble, serious, tender, fruitful &c. 3. The Devil raged & set himself to oppose, traduce, & some way to blast the Ministrie of the most faithful more than any others; just as when Paul had a greater door & ef∣fectual opened to him, there were many adversaries 1 Cor. 16. 9. 4. Yet the Lord hath been observably defeating the Devil & Profanity in every place, where the Gospel came,

and made him fall like lightening 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 mnst cer∣tainly 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 when it is ripe, and when the Sun shines make hay, and with all watch∣fulness, 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 weak∣ened with their quarrels. For before the Law, Mountain-Worship was the first Worship of the World, as Abrams Iehovah-jireh Gen. 22. 14. Iac••bs Bethel (or House of God in the open fields) Gen. 28. 17, 19. his Peniel Gen. 32. 30. his El-Elohe-Israel Gen. 33. ult. do witness: Under the Law, they heard of it at Ephratah they found it in the fields of the Wood Psal. 132. 6. After the Law, field-preaching was the first that we read of in the New Testament, both in Iohn his preaching in the wilderness of Iudea, being the voice of one crying in the wilderness, and the Master Usher of Christ Math. 3. 1, 3. and in His Ambassa∣dours afterwasds, who on the Sabbath sometimes, went out to a river side were prayer was wont to be made, As Lydia was converted at Pauls field preaching Act. 16. 13, 14. And chiefly the Prince of Preachers, Christ Himself, preached many a time by the syds of the Mountains, and the the sea side: That Preaching Math. 5. was on a Moun∣tain vers. 1. And this is the more to be considered, that our Lord had Liberty of the Synagog••es 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 Iewish Teachers, who had appointed that any who ouned Him should be excommunicate: And

therefore in the like case, at it is now, His Servants may imitate their Master: for though all Christs 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 ouners liberty) and the Actings o•• His Media∣tory 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 of imitation. There∣fore that superstitious & ridiculous Cavil, that such Meet∣ings in fields or houses are Conventickles, gathering separate Congregations, is not worth the taking notice of: for this would reflect upon Christs and His Apostles w••y of preach∣ing, and the constant method of propogating the Gospel in times of persecution, in all ages ••ince, which hath alwayes been by that way which they call keeping of Conventickles. Its absurd to say, it is a gathering of separate Congregations, it is only a searching or seeking after the Lords sheep, that are made to wander through all the Mountains, and upon every 〈…〉〈…〉, and 〈…〉〈…〉 which is scattered by corrupt Sheeph••••••▪ and the cruelty of the beasts of the field Ezek. 34. 5, 6. and preaching to all who will come & hear the Word of Truth, in such places where they may get it done most safely, and may be most free from distraction & trouble of their enemies, who are waiting to find them out, that they may hail 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 litle 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 3. Hypothesis▪ of the necess••ty of publick∣ness 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 & Testimony kept up (as is proved above) and not only that Ministers must preach the Word, and be instant in season & out of season 2 Tim. 4. 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 re∣lent from their stiffness & severity, would compound with His Witnesses, and give them some Liberty, but not to∣tal; 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 testifie (though the bondage of the people should be thereby continued) that there should not a hoof be left behind; for sayes he, we know not with what we must serve the Lord, until we c••me 〈◊〉〈◊〉 Exod. 10. 24, 25, 26. So must we Testify for eve•••• closly▪ the In∣terest of Christ this day. 2. When there▪ to ••l••ration of Idolatry, and Confederacy with Idolaters, and suspending the execution of penal Lawes 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 at Bochim against their toleration of Idolatrous Altars, and Confederacy with the Canaanites Iudg. 2. 1, 2. He is called an Angel indeed, but he was only such an one as Ministers are, who are called so Rev. 2. 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 earthen Vessels 2 Cor. 4. 7. and this came from Gilgal not from Heaven. So the Man of God testified against E••i, for his toleration of wicked Priests, thô they were his oun Sons 1 Sam. 2. 2••. &c. So Samuel witnessed against Saul, for his toleration & indemnity granted to Agag 1 Sam. 15. 23. So the Prophet against Ahab, for sparing Benhadad 1 King. 20. 42. The Angel of Ephesus is com∣mended for this; and he of pergamus and he of Thyatira is con∣demned,

for omitting this Testimony, and allowing a toleration of the Nicolaitans & Iezebel Revel. 2. 2, 14, 20. In such a Case of universal Complyance 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, tho they should be accounted for signs & wonders in Israel Isai. 8. 12, 13, 18. But now Idolatrous Mass-Altars are set up, none thrown doun, penal Statutes against Papists are stopt & dis∣abled, and the Generality of Ministers are Congratulating, & saying a Confederacy in their Addresses for the same. 3. When the Universal Apostacy is come to such a hight, that error is prevailing, and few syding themselves in an avowed opposition against it; as Elijah chose that time, when the people were halting between two opinions 1 King. 18. 21. And generally all the Prophets & Servants of Christ, consulted alwayes the peoples necessity for the timing of their Testimonies: And was there ever greater necessity than now, when Poperie is coming in like a flood? 4. 〈…〉〈…〉 men are chief in power; as when Haman was 〈◊〉〈◊〉 Mordecai would not give him one bowe though all 〈◊〉〈◊〉 people of God should be endangered by such a provocation Esther. 3. 2. And when Tyrants & Usurpers are set up without the Lords approbation, then they that have the Lords Trumpet should set it to their mouth Hos. 8. 1, 4. Is not this the case now? 5. When upon the account of this their Testimony, the Lords people are in greatest danger, and enemies design to Massacre them, then if they altogither hold their peace at such a time, there shall enlargment & deliverance arise another way, but they and their fathers house shall be destroyed, who are silent then, as Mordecai said to Esther Est: 4. 14. And who knowes not the cruel designs of the Papists now? 6. When iniquity is Universally abounding, and hypocrisie among Professors, then the Servants of the Lord must cry aloud & not spare Isai. 58. 1. as the ••ase is this day. 7. When the Concern of Truth, a 〈…〉〈…〉 Glory of God, is not so illustriously vindi∣cated as He gives us to expect it shall be; then the Watch∣men must not hold their peace, and they that make men∣tion

of the Name of the Lord, must not keep silence Isai. 62. 6, 7. especially when His Name & Glory is blasphemed, baffled, and afronted, 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 oun defections; then the Prophets must Prophesie against the Prophets Ezek. 13. 2, 10. &c. As alas this day there is a necessity for it. 9. When publick Worship is interdicted by Law, as it was by that Edict prohibiting publick Prayer for thirty dayes in Daniels time: They could not interdict all Prayer to God; for they could forbid nothing by that Law, but that which they might hinder & 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 men∣tally? No: whatever Carnal wisdom might▪ Mee••te, his honesty did oblige him in that case of Conf••••re par••hen he knew the writing was signed, to go into hie clossly. ••d to open his windowes, and to kneel upon his kn••, to cleatimes a day—as he did aforetime Dan. 6. 10. Nowny agaireason can be given for his opening his windowes? Was it only to let in the air? or was it to see Ierusalem out at these win∣dowes? 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 in∣dispensable Duty then interdicted. And is not publick preaching indispensable Duty too? which is declared Cri∣minal, except it be confined to the mode their wicked Law tolerates; which we can no more homologate, than omitt 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 Lyon hath roared who will not fear? the Lord God hath spoken, who can but Prophesie? Amos. 3. 8. There is no contradiction here to that word, whi••e hath been miserably perverted in our day, to palli••use or ••il silence of time-servers Amos. 5. 13. The prudent shall keep•• silence in that time for it is an evil time: Whereby we cannot under∣stand

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a wylie withdrawing our witness against the times evils: for there they are commanded to bestir themselves actively, in seeking good, hating the evil, loving the go••d, and establishing Iudgement in the gate vers. 14, 15. but we understand by it a submissive silence to God, without fretting (according to that Word Ier. 8. 14. for the Lord our God hath put us to silence—and Mic. 7. 9.) Calvin upon the place expounds it, The prudent shall be affirighted 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 g••ve publick witness against the evils of sin abounding, and publick warning of the evils of punishment imminent. 11. Then is the 〈◊〉〈◊〉 of it, when worldly wisdom thinks it unsea∣sonable▪ 〈◊〉〈◊〉 men cannot endure ••ound Doctrine, but after 〈…〉〈…〉 lusts they heap to themselves teachers, ha••in•• 〈…〉〈…〉; and turn away their ea••s from the Truth•• 〈…〉〈…〉 ••each the Word, and be instant is indeed in it 〈…〉〈…〉, because profitable & necessary; but it is out of season as to the Preachers or Hearers external in∣terest, and in the esteem of Worldly Wiselings 2 Tim. 4. 2, 3, 4. See Pool Synops. Critic. in Locum. So in our day; men cannot endure free & faithful dealing against the sins of the times, but would have smooth things & deceits spoken unto them▪ like those Isai. 30. 10. And nothing can be more 〈…〉〈…〉 to speak plainly (so as to give every thing its 〈…〉〈…〉) either of the sins of the times, or of the snares of the times, or of the miseries & 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 〈…〉〈…〉 Testimony of the Church, or any part of it, is 〈…〉〈…〉; then is the season to keep it, and contend for it, and to hold it fast, as our Crown Revel. 3. 10, 11. It must be then a word spoken in due season, and good

& necessary (Prov. 15. 23.) at this time, to give a publick Testimony against all wrongs done to our blessed Lord Jesus, all the encroachments upon His prerogatives, all the invasions of the Churches priviledges, all the over∣turnings of our Covenanted Reformation, and this openly designed introduction of Poperie & Slaverie. 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 ••he matter and manner of it may be a most signi∣ficant Witness-bearing to the merit of it, except we go to the fields? Who can witness significantly against Poperie & Tyrannie: and all the evils to be spoken against this day, under the protection of a Papist & Tyrant, as house-Meetings under the Covert o•• this Tol••eration are stated? for if these Meetings be private & secret, then the Testi∣mony is not known; if they be publick, then they are ex∣posed to a Prey. Now by all these general Hypoth••s••s, it is already in some measure evident, that Field-Meetings are very expedient. But I shall adde some more particular Considerations, to inculcate the same more clossly.

In the Third Place, besides what is said, to clear the Lawfulness & necessity of a publick Testimony against the evils of the present time, Some Considerations may be added to prove the Expediency of this way & manner of giving a Testimony, by maintaining Field-Meetings in our present Circumstances.

1. The keeping of Field-Meetings now, is not only most convenient for Testifying, but a very significant Testi∣mony in it self, against this Popish Toleration; the wicked∣ness of whose Spring & Original, and of its Nature and Terms, Channel & Conveyance, End & design, is shewed in the Historical Narrative thereof, and cannot be denyed by any Presbyterian, whose constant principle is that there should be no Toleration of Poperie, Idolatrie, or Heresie, in this Reformed & Covenanted Church. Reason & Re∣ligion both will conclude, that this is to be witnessed against, by all that will adhere to the Cause or Reforma∣tion overturned hereby, and resolve to stand in the Gap against Poperie to be introduced hereby, and that will

approve themselves as honest Patriots in defending the Laws & Libertys of the Country subverted hereby▪ And besides, if it be considered with respect to the Granter; it is palpable his design is to introduce Poperie, and advance Tyrannie, which can be hid from none that accept it, the effectuating whereof hath a n••cessary & inseparable con∣nexion with the acceptance of the Liberty; and is so far from being avertible by the Accepters, that it is chiefly pro∣moted 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 foun∣tain of Absolute power, through a channel of an Arbitrary Law-disabling & Religion-dishonouring Toleration, which is semper mali; and with consent to the sinful ••mpositions, with which it is tendered; concerning & 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, consistent with the improvement of the Liberty, for it is granted & accepted on these very terms; that there shall be no Pro∣testation; 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 con∣sidered 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 machina∣tinating & effectuating thereby; then seeing they have Presumptuously taken upon them to send it in the name of all Presbyterians, it concerns all honest men, zealous Christians, and faithful Ministers of that perswasion & denomination, in honour & Conscience, to declare to the world by some publick Testimony, that they are not Consenters to that sinful, shameful, & scandalous Con∣spiracy, nor of the Corporation of these flattering Ad∣dressers who have betrayed the Cause, with which all will be interpreted Consenters, that are not Contradicters. Further this Tolleration is sinful as is cleared above Peri•• 6. And to accept of it is contrary to our Solemn Covenants

& Engagments, where we are bound to exstirpate Poperie, 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 yeelding up the Cause, which hath been so long contro∣verted & so long contended for, at least an appearance of ceding & lying by from contending for the Interests of Christ, of condemning our former Wrestlings for the same, of purchasing a Liberty to our selves at the rate of burying the Testimony in bondage & oblivion, of harden∣ing & confirming open Adversaries in their wicked in∣vasions on our Religion, Laws, & Liberties, of being weary of the Cross of Christ, that we would fain have ease upon any terms, and of weakening the hands yea con∣demning the Practice & peremptoriness of these that are exampted 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 & bounds of it, and interdicted by the same Proclamation that tenders it, and where the very gathering in such places is a Testi∣mony against it: for to Preach in houses constantly & leave the fields, would now be interpreted an Homologating the Toleration that commands Preaching to be so restricted; especially when an Address is made in name of all that accept the benefit of it, from which Odium we could not vindicate our selves, 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 inter∣dicts them as Criminal; yea in some respect a Case of Con∣fession: for if Daniels case, when publick prayer was discharged under pain of death, was a Case of Confession, as all grant; then must also our case be, when publick

Preaching is discharged under the some penalty: for it is equivalent to an Universal discharge of all publick Preach∣ing, when the manner of it is discharged, which we can only have with freedom & safety in way of publick Testi∣mony, 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 quite the fields.

3. The ••eeping of Field-Meetings now is a Testimony against Tyranny & Usurpation, encroaching upon our Religion, Laws, & Liberties, and presuming to restrict & bound the exercise of the Ministerial function, and discharge it altogether except it be modified according to the Circumstances prescibed by a wicked Law, which cannot be allowed a•• competent to any man whose Autho∣rity 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 resfusing to obey any such Act. and Preach∣ing where God giveth a Call. For otherwise, to submit to it, would be an acknowledging of his Magist••atical 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 & Princely Prerogative of Jesus Christ, which hath been the Great Word of His Patience in Scotland, and by an Unparalelled, insolence encroached upon by Usurpers in our day, and in effect ••enied by such as took a new holding for the exercise of their Ministrie from their Usurped power. Now in these Meetings, there is a Practical Declaration of their holding their Mi∣nistrie and the exercise thereof from Christ alone, without any dependence upon, 〈◊〉〈◊〉 to, or licence & warrand from His Usurping Enemies; and that they may & will Preach in publick without Authority from them. If then it be Lawful & expedient to maintain the Interests of a King of Clay, against an Usurper; then much more must it be Lawful & 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 Ministrie thereof; which is alwayes the dearest & nearest priviledge 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 oune men for Magistrats by the Law of the Land: And this Testimony by defence of the Gospel and of our oun lives, cannot be given expediently any where but in the Fields. It is also a Testimony for the freedom & Authority of the Gospel-Ministrie, and for their holding their unremovable Relation to the Church of Scotland, which is infringed by these Tyrannical Acts, and maintained by these exercises: which is a priviledge to be contended for, above & beyond all other that can be con∣tended for or defended, especially to be maintained against those that have no power or Authority to take it away. There will no man quite any of his goods upon a sentence coming from an incompetent Judge; And shall Ministers or people be hectored or fooled from such a priviledge by them that have no such power?

6. The keeping of Field-Meetings now is a Testimony for our Covenants, the ouning 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, & Government, and to defend all the Churches Liberties, and to oppose all their Opposites, and endeavour their exstirpation: And in the Solemn Acknowledgment of sins & Engagment to duties, we are sworn, because many have of late laboured to supplant the Liberties of the Kirk, to maintain & defend the Kirk of Scotland, in all her Li∣berties & Priviledges, against all who shall oppose & undermine the

same, or encroach thereupon under any pretext whatsoever. Since then the ouning of these Meetings and the Covenants are both discharged together, and the ouning of the Covenant does oblige to a publick opposition against the dischargers, and an avowed Maintinance of the Churches priviledges, whereof this is in a manner the only & chief Liberty now left to be maintained, to keep Meetings where we may testify against them, without dependence on their Tolera∣tion; it must follow, that these Meetings are to be maintained, which only can be in the fields▪ with con∣veniency.

7. To give over these Field-Meetings now, would be an hardening & 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 certain does not nor will not terminate upon a simple suppression of that sort, but further is intended to exstirpate all Meetings for Gospel Ordinances, in which there is any Testimony against them. To Comply therefore with such a forbear∣ance 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 com∣plyed 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 stumbl∣ing 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, & succumbing at last in the matter of the Testi∣mony, as being quite overcome; and that indeed all have embraced & 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, & Sacrilegious Supremacy was erected with∣out a Testimony in its season; So black Poperie it self and Tyranny was introduced by a Toleration, which laid them all by from a Testimony against these; who formerly had val∣iantly, resolutely, & faithfully contended against all lesser Corruptions, but at last, when that came, and stricter prohibitions of all publick Meetings but under the Covert thereof were emitted, then all were perswaded 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 Suf∣fering.

HEAD. V. The Principle of & Testimony for Defensive Armes Vindicated.

THis Truth is of that sort, that can hardly be illustrat∣ed 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 conceiv∣ing 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 oun, 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 Gene∣ration 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 ouning this principle, as well as using the practice, of Defensive Resistence for self preservation against Tyranni∣cal violence, have set up such Monuments of rage & 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 main∣tained 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 Suf••erers in Scotland, to give their judgement, Whether or not such Appearances for Defence (as the Ty∣ranny of Rulers had forced people to) were Reb••llion and a Sin against God; Which they could not in Conscience assert; and therefore, thô many that have suffered upon this head, have been as free of the practice of such Res••stence as any, yet because they would not condemn the principle they have been Criminally processed, Arraigned, & Condemn∣ed to the death. And against this Truth they have been observed to have a special kind of indignation, either be∣cause the light of it, which cannot be ••id, hath some heat with it to se••rch them; or because they fear the impression of this in the hearts of people more than others, know∣ing 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 destroyes 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 ne∣cessary methode of de••ending them. What practices of this kind hath been, and what were the occasions in∣ducing or rather enforcing to these Defensive Resistences here to be vindicated as to the principle of them, is mani∣fested 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 & Liberty; and in special manner the Magistrats of all ranks, the Supreme whereof was formally admitted to the Government upon these terms; he with his Asso∣ciates, conspiring with the Nobles to involve the whole Land in perjury & Apostasie, overturned the whole Cove∣nanted Work of Reformation; and thereby not only en∣croached upon the Interest of Christ and the Churches Pri∣viledges, but subverted the fundamental Constitution of the Kingdoms Government, and pressed all to a submission unto and complyance with that Tyranny & Apostasie, erected upon the ruines thereof: Yet the Godly & Faithful in the Land, sensible of the indispensable obligation of these Covenants, resolved to adhere thereunto, and suf∣fered long patiently for adherence unto the same, until being quite out wearyed by a continued tract of Tyrannical oppressions, arbitrarly enacted by wicked Laws, and ille∣gally executed against their oun Laws, and cruelly prose∣cuted 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 & Remonstrances of Grievances being declared seditious & treasonable, and interdicted as such; they were forced to betake themselves to this last remedy of Defensive Resistence, intending only the preservation of their Lives, Religion, & Liberties; which many times hath been blessed with success, and therefore zealously contended for, as an in∣amissible Priviledge; by all well affected to the Cause of Christ and Interest of their Country, because they found it alwayes 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 Kings In∣terests than zealous for Christs and the Countries; for which the Lord in His holy Jealousie discountenanced many re∣peated endeavours of this nature, Cuting us off and puting 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; there∣fore

the Godly did not only maintain the principle in their confessions & Testimonies, but prosecute the practice in carrying armes, & making use of them in the defence of the Gospel and of themselves, at Field-Meetings; which were alwayes successfully prosperous, by the power & presence of God. This Question is sufficiently discussed, by our famous & learned invincible Patrons & Champions for this excellent priviledge of Mankind, the unanswerable Au∣thors of Lex Rex, the Apologetical Relation, Napthali, & Ius populi Vindicatum. But because facile est inventis addere, I shall subjoine my mite. And their Arguments being various and volumniously 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 Resistence against the abuse of a Lawful power, when there is no access to maintain Religion & Liberty any other way; which does not come up so closs to our case, nor is it an adequate Antithesis to the Assertions of our Adversa∣ries, who say, that it is no wayes Lawful, in any case or upon any pretence whatsoever, to Resist the Soveraign power of a Na∣tion, in whomsoever it be resident, or which way soever it be erected. I shall consider it more complexely & extensively, and plead both for Resistence against the abuse of a Lawful power, and against the Use & Usurpation of a Tyranni∣cal power, And infer not only the Lawfulness of Resist∣ing Kings, when they abuse their power (as is demonstrate unanswerably by these Authors) but the expediency & ne∣cessity of the duty of Resisting this Tyrannical power, whensoever we are in a Capacity, if we would not be found treatherous Covenant-breakers, & 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 & Implacable Enemie, and so bring on us the Curse of Meroz, and the Curse of our Brethrens 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 Re∣formation & Liberty, whereof we were by the valour of

our fore-fathers put & left in possession. I shall not there∣fore restrict my self to the State of the Question, as pro∣pounded ordinarly viz. Whether or not, when a Cove∣nanted King doth really injure, oppress & invade his Subjects Civil & Religious Rights, or unavoidably threatens to de∣prive them of their dearest & 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 un∣der severe penalties as treasonable; Then & in that case, may a Communitie of these Subjects defend themselves, & their Religion & Liberties, by armes in resisting his bloody Emis∣saries? But to bring it home to our present case, and an∣swer the Laxness of the Adversaries position of the uncon∣trollableness of every one that wears a Crown, I shall State it thus: Whether or not is it necessary duty, for a Com∣munity (whether they have the Concurrence of the primo∣res or Nobles, or not) to endeavour, in the Defence of their Lives, Religion, Laws, & Liberties, to Resist & Repress the Usurpation & Tyranny of Prevailing Domina∣tors, using or abusing their power for subverting Religion, invading the Liberties, and overturning the foundamental 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 Justifyableness of the Sufferings upon this Head. In prosecuting of this Subject, I shall first premit some Con∣cessory 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. 10. 20. but a person cloathed therewith, abus∣ing his power, may be in so far Resisted. But Tyrants, or Magistrates turning Tyrants, are not Gods 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 Sta∣tutes of Omri are kept. So that what is objected from Eccles. 8. 2-4. I counsell thee to keep the Kings Commandment &c. is answered on Head. 2. And is to be unsterstood only of the Lawful commands of Lawful Kings.

2. Rebellion is a damnable sin: except where the word is taken in a laxe sense, as Israel is said to have Rebelled against Rehoboam, and Hezekias against Sennacherib; which was a good Rebellion, and clear duty, being taken there for Re∣sistence & Revolt. In that sense indeed some of our Risings in Armes might be called Rebellions, for it is Lawful to Re∣bel against Tyrants. But because the word is usually taken in an evil sense, therefore would have been offensive to acknowledge that before the Inquisitors, except it had been explained. But Rebellion against Lawful Magistrats is a damnable sin, exemplarly punished in Korah and his Compan••, who rebelled against Moses; and in Shebah and Absalom who rebelled against David; for to punish the Just is not good nor to strike Princes for equity Prov. 17. 26. And they that resist shall receive to themselves damnation Rom. 13. 2. So that this Objection brought from this place, as if the Apostle were commanding there subjection without Resistence to Nero, and such Tyrants, as it is very imper∣tinent, It is fully answered above Head. 2. Here it will be sufficient to reply. 1. He is hereby vindicating Christiani∣ty from that reproach, of casting off or refusing subjection to all Magistrats, as if Christian Liberty had destroyed that Relation, or that they were not to be subject to Heathen Magistrats. Whereupon he binds this duty of subjection to Magistrats for conscience sake in general. And it is very con∣siderable, what Buchanan sayes in his book de jure 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, tho they should not understand the duty of Magistrats: 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 denyed that he should be ouned 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 & quali∣fied here, being powers ordained of God, terrours to evil works, Ministers of God for good. Yea but says Prelats, 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 & Emperours 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 Emperours at Rome to be subject to: if he meant the Roman Emperour, he would have designed him in the singular number. All the reasons of the Text aggree to inferiour Judges also, for they are Ordained of God, they are called Rulers in Scripture, and Gods Ministers, re∣vengers by Office, who judge not for man but for the Lord; And inferiour Magistrats also are not to be resisted, when doing their duty 1 Pet. 2. 13. yet all will grant, when they go beyond their bounds and turns litle Tyrants, they may be with-stood. 4. He does not speak of Nero, con∣cerning whom it cannot be proven, that at this time he had the Soveraign power, as the learned Mr Prin shewes: 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 de jure, not as he was de facto. 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 Contra∣ordinatness here condemned: Now subjection takes in all the duties we owe to Magistrates, and Resistence all the con∣traries forbidden; but unlimited obedience is not here re∣quired, so neither unlimited subjection.

3. We may allow Passive subjection in some cases, even to Tyrants; when the Lord layes on that yoke, and in effect sayes, He will have us to lie under it a while, as He Commanded the Jewes to be subject to Nebuchadnezzar: of which passage, adduced to prove subjection to Tyrants Universally, Buchanan ubi supra infers, that if all Tyrants be to be subjected to, because God by His Prephet Com∣manded His people to be subject to one Tyrant; Then it must be likewise concluded, that all Tyrants ought to be killed, because Ahabs house was Commanded to be de∣stroyed by Iehu. But passive subjection, when people are not in capacity to resist, is necessary. I do not say Passive obedience, which is a meer Chimaera, invented in the brains of such Sycophants, as would make the world slaves to Tyrants. Whosoever suffereth if he can shun it, is an ene∣my to his oun being: for every natural thing must strive to preserve it self 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 & Piety; Yea all war without Authority. Yes, when all Authority of Magistrates supreme & subordinate is pervert∣ed and abused, contrary to the ends thereof, to the op∣pressing of the people, and overturning of their Laws & Liberties, people must not suspend their Resistence upon the Concurrence of men of Authority, and forbear the Duty in case of necessity, because they have no•• the peers or Primores 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 Par••iaments to espouse their quarrel. This is cleared above Head. 2. Yet here I shall adde. 1. The people have this priviledge of nature, to defend themselves and their Rights & Liberties

as well as Peers, and had it before they erected and con∣stituted Peers or Primores. There is no distinction of qua∣lity in interests of Nature, though ther be in Civil order: but self defence is not an act of Civil order. In such In∣terests, people must not depend upon the priority of their superiours, 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 conduct or concurrence of the Primores or Parlia∣ments. 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 far fewer. And to be violented in their Consciences, which are as free to them as to the Peers, is as unsupportable 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 Resistence in the one case Lawful, and not in the other? Both are alike obliged to concur, and both are equally obnoxious to Gods threatened Judgments for suffering Religion to be ruined, and not relieving & re∣scuing Innocents. It will be but a poor excuse for people to plead, they had no Peers to head them. What if both King & 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 Ier. 49. 2. and 50. 45. and did not think fit to begin with Nobles, but began it when powers & Peers were in opposition to it: and when He blessed it so at length, as to engage the publick Representatives to oune it, what was done by private persons before, they never condenmed. 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 resist without them, which will not equally make it unlawful

to do it with them. 4. Its true the Primores 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 Represen∣tatives. 5. All the power they can have is Cumulative not Privative, for deterior conditio Domini per Procurationem fieri non debet. 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, & Liberties without the concur∣rence 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: Ergo they may do it without them; for if it be Lawful to resist them, its. Lawful to wave them, when they are in a Conspiracy with the King against them.

5. We disallow all war without real indeclinable Ne∣cessity, and great & grievous wrongs sustained: and do not maintain it is to be declared or undertaken, upon sup∣posed 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 realitie of injuries will justify their Resistence, but when their dearest & nearest Liberties are invaded, especially when such an invasion is made, as threatens in••luctable subversion of them. Next we do not say, that a parties esteeming themselves in a Capacity, or their being really in a Capacity, doth make Resistence a duty; except caeteris Paribus 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 & legal Rights, really & 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 Resistence, it is to be supposed, that the Grievances complained of, and sought to be redressed by armes, 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 Natures eye, as Grassant Tyranny undermining & overturning Religion & Liberty must be. Nature, in the acts of necessitated Resistence in such a case, is Judge, party, Accuser, Witness, & all. Neither is it an act of Judgement, for people to defend their oun: Defence is no act of juris∣diction, but a priviledge of Nature. Hence these common sayings, vim vi repellere omnia jura permittunt; And defendere se est juris Naturae: Defensio vitae necessaria est, & a jure Natu∣rali profluit. 3. Be Judge who will, the Tyrant cannot be Judge in the case: for in these Tyrannical Acts, that force the people to that Resistence, he cannot be acknowledged as King, and therefore no Judge: for its 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, tak∣ing cognizance of the evidence of their respective Manife∣sto's of the State of their Cause.

6. We condemn Resing 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 revengful Usurping of the Magistrats sword, to avenge our selves for personal injuries. As Davids killing of Saul would have been 1 Sam. 24. 10, 12, 13. 1 Sam. 26. 9, 10. To Object which in this case, were very imperti∣nent: for it would have been an act of offence in a remote

defence, if Saul had been immediatly asaulting him, it could not be denied to be Lawful: and it would have been an act of private revenge, for a personal injurie, and a sinful preventing of Gods promise of Davids succession, by a scandalous Assassination. But it is clear, then David was Resisting him, and that is enough for us; and he sup∣poses he might descend into battel & perish 1 Sam. 26. 10. not excluding, but that he might perish in battel against himself resisting him. We are commanded indeed not to resist evil, but whosoever shall smite us on the one check, to turn to him the other also, Math. 5. 39. and to recompense to no man evil for evil Rom. 12. 17. But this doth not condemn self defence, or Resisting Tyrants violently, endangering our Lives, Laws, Religion, & Liberties, but only resistence by way of private revenge & retaliation, and enjoins pa∣tience, when the clear call & dispensation do inevitably call into suffering; but not to give way to all violence & Sacriledge, to the subverting of Religion & Righteousness. These Texts do no more condemn private persons reta∣liating the Magistrate, than Magistrats retaliating private persons, unless Magistrats be exempted from this precept, and consequently be not among Christs followers: Yea they do no more forbid private persons to resist the unjust violence of Magistrats, than to resist the unjust violence of private persons. That Objection from our Lords re∣proving Peter Math. 26. 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 Au∣thority (and so condemns all Tyrants) which private sub∣jects do not want to defend themselves, their Religion & Liberty; or using it without necessity, which was not in Peters case, tum quia valebat Christus se ipsum defendere, tum quia volebat se ipsum tradere, Pool Synops. Critic. in Locum. Christ could easily have defended himself, but he would not; and therefore there was no necessity for Peters rashness; it condemns also a rash precipitating and pre∣venting the Call of God to acts of Resistence: But other∣wise it is plain, it was not Peters fault to defend his Master,

but a necessary duty. The reason our Lord gives for that inhibition at that time, was two fold; one expressed Math. 26. 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 Tyrannical violence, and therefore are threatened with destruction by the sword of the Romans: so is that commi∣nation to be understood of Antichrist, and the Tyrants that serve him Rev. 13. 10. he that killeth with the sword must be killed with the sword, which is a terrible word against per∣secuters. The other reason is Iohn. 18. 11.—The Cup which my Father hath given me shall I not drink? Which clearly resells that Objection of Christs non-resistence. To which it is answered, that suffering was the end of His voluntary suscepted humiliation, and His errand to the World, ap∣pointed by the Father, and undertaken by Himself; which is not the Rule of our practice: Thô it be true, that even in His Sufferings He left us an ensample that we should follow His steps 1 Pet. 2. 21. In many things, as He was a Martyr, His Sufferings were the purest Rule & Example for us to follow, both for the matter, and frame of Spirit, sub∣mission, 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 Armes for triffles of our oun things, or small injuries done to our selves, but in a case of necessity for the preservation of our Lives, Reli∣gion, Laws, & Liberties, when all that are dear to us as men and as Christians are in hazard: So we are not for Rising up in Armes, to force the Magistrate 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 propogate Religion by Armes: Let Persecuters & Limbs of Antichrist take that to them; but we think it a Priviledge which Christ hath allowed us, to defend & preserve our Religion by Armes: especially when it hath been esta∣blished by the Laws of the Land, and become a Land-right, and the dearest and most precious Right & Interest we have

to contend for. It is true Christ saith, Iohn. 18. 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 Iewes. But this Objection will not conclude, that Christs Kingdom is not to be defended & preserved even by Re∣sistence, of all that would impiously & 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 doun, by slaves of Hell and Satan, and Antichrists vassals, Papists & Ma∣lignants: Yea Magistrats were not to fight for it, for they are among His Servants, if they be Christians. But the good Confession He Witnesses here before Pilat, is that He hath a Kingdom, which as it is not in opposition to any Cesarean Majestie; So it must not be usurped upon by any King of Clay, but is specifically distinct from all the King∣doms of the world, and subordinate to no earthly power, being of a Spiritual Nature; whereof this is a demon∣stration, and sufficient security for earthly Kingdoms, that His Servants as such, that is, as Christians, and as Ministers, were not appointed by Him to propogate it by Armes, 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 thô they are not to propogate 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, preces & lachrimae sunt arma Ecclesiae, Prayers and tears are the Armes of the Church. I grant they are so, the only best prevailing Armes, and without which all others would be ineffectual, and that they (together with Preaching & Church Discipline &c.) are the only Ecclesiastical or Spi∣ritual Armes, 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. 33. 31. Yea from this I shall take an Argument: It 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 Connexion is found∣ed upon these reasons. 1. This personal Resistence by vio∣lence, is as consistent with that Command Rom. 13. 1, 2. Let every soul be subject unto the higher Powers—whosoever therefore resisteth the Power resisteth the Ordinance of God; as Resistence by Prayer is with that 1 Tim. 2. 1, 2. I exhort— that—Supplications—be made—for Kings and for all that are in Authority. If the Prince be good, the one as is unlawful as the other; and a sinful resistence of the Ordinance of God (to pray against him) no less than the other (to fight against him) Therefore when he becomes a Tyrant & destroyer of the Lords 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 Re∣sistence by Prayers & tears is more powerful & 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 premitted, 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 Con∣currence of the Primores, Nobles & Representatives or not) to en∣deavour, in the defence of their Religion, Lives, Laws, & Li∣berties, to Resist & Repress the Usurpation & Tyranny of pre∣vailing Dominators, using or abusing their Power, for subverting Religion, invading the Liberties, and overturning the foundamental Laws of their 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 other; And prosecute them in this Order. First I shall produce some Arguments from the Law of Nature & Nations. Second∣ly from the Common practice of all Christian people. Thirdly 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 forme,

without expatiating save where the matters requires.

1. The greatest Antagonists of this Truth, through the clearness thereof are forced to assert & grant such parti∣culars, as will by Consequence justify this plea. 1. Barclay contra Monarchum. is cited by the Apol. Relat. and Ius Populi asserting, that

if a King will alienate & subject his King∣dom, without his Subjects consent, or be carried with a hostile mind to the destruction of his people, his King∣dom is actually lost, and the people may not only Law∣fully 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 Surveyer of Nap••tali grants the same pag. 23, 24. Yea this hath been granted in open Court, by the Council of Scotland, that in case of the Kings alienat∣ing his Kingdoms, he may be Resisted. Hence (1 If ven∣dition or alienation of Kingdoms, or attempts of it, do an∣null a Kings Authority; Then an alienation of them from Christ, to whom they are devoted by Covenant, and sell∣ing them 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 alwise 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 de∣fence is Lawful against the sudden, illegal, & inevitable assaults of the Kings Messengers, or of himself in so far as to ward off his blowes, or hold his hands. As also he alloweth private persons Libertie, to deny subsidies & tribute to the Prince, when he imployeth it to the de∣struction of the Commonwealth.

Hence (1) If one man may defend himself against the sudden, illegal, & inevitable assaults of the King or his Messengers; Then may many men, in defence of their Lives & Liberties, defend them∣selves against the surprising Massacres, the sudden assaults, and much more the devised & deliberate assaults of a Ty∣rants bloody Emissaries, which are illegal & inevitable, as

all their furious & bloody on-sets have been: But the former is here acknowledged: Ergo—(2) If people may deny subsidies to a King when he employeth it, to the destruction of the Commonwealth; Then (as this justifies the denyal of the Cess, imposed for destruction of the Church & banish∣ing of the Gospel, So) this gives them right to Resist him (for if he be the power ordained of God not to be re∣sisted, then for this Cause tribute must be paid, for they are Gods Ministers Rom. 13. 6. and if tribute must not be paid then he is not the power ordained of God, and so may be resisted) But the former is here allowed; Ergo—3.

Bodin de Repub. lib. 2. cap. 5. granteth, if a King turn Ty∣rant, he may Lawfully, at his subjects request, be invaded, resisted, condemned, or slain by a foraign Prince.

Hence, if foraign Princes may Lawfully help a people oppressed by their oun Soveraign; then people may Resist themselves, if they be able and hold in their pains: But the former is here granted: Ergo—The Consequence cannot be de∣nyed, for foraigners have no more Power or Authority over another Soveraign, then 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 Surveyer of Naphtali ubi supra grants so much of a wo∣mans violent resisting attempts, against the honour of her chastitie, and tending to ensnare her in sin, whereof her non-resistence 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 vio∣lences 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: Ergo—(2) If a woman may defend her Chastity against the K. lest her non-resistence make her guilty (Oh if all women had been of this mind, the Country would not have been pestered so with the Kings bastards) Then may a Nation, or any part of it, Resist a Tyrants attempts upon the honour of their Religion, entycing them to fornication with the Mother of harlots,

lest their non-resistence make them guilty: But the former is here yeelded: Ergo—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 difficultie, 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 resistence is forbid∣den for the fear of God and for conscience sake, and therefore he is no further to be looked at than as an ene∣my.

This is so pat & pertinent to the present possessor of the Government, that no words can more particularly ap∣ply it. 6. Grotius de jure belli Lib. 1. c. 4. granteth, the Law of not resisting does not bind when the danger is most weighty & certain.

And we do not plead for it in any other case.

And further he sayes,

The Law of non-re∣sistence seemeth to have flowed from them, who first combined together into societie, and from whom such as did command did derive their power: Now if it had been asked of such, whether they would chuse to die, rather than in any case to resist the Superior with Armes? I know not if they would have yeelded thereto, unless with this addition, if they could not be resisted but with the greatest perturbation of the Common-wealth & de∣struction of many Innocents. And afterwards he hath these words,

Attamen indiscriminatim dam••are aut singu∣los, aut partem minorem, quae ultimo necessitatis praesidio sic uta∣tur, ut interim & communis boni respectum non deseruit, vix au∣sim. From which we need make no inference, the Con∣cession is so large, that it answers our case. 7. The Sur∣veyer of Naphtali, in the place above cited, grants

Legal self defence against the Soveraign, by way of plea in Court, for safety of a mans person or estate—as also in the case of most habited, notour, & Complete Tyranny against Law, to the destruction of the body of a people, and of all known Legal Liberties, and the being of Religion ac∣cording to Law—And in case of his not being in his natural & 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 pos∣session of it illegally) Then it must be Lawful for their lives & estates, Liberties & Religion, to resist him by force, when the Legal resistence is not admitted: But the former, is yeelded here: Ergo—The reason of the Connexion is: The Municipal Law permits the one, and the Law of Nature & Nations (which no Municipal Law can in∣fringe) will warrand the other: He hath no more right to be both Judge & Party in this case, more than in the other: And he can no more act as Soveraign in this case, than in the other. (2) If it be Lawful to resist habited, notour, & 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 ex∣erced this 27 years habitually, which the desolation of ma∣ny hindered 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 fundamen∣tal Laws, and all Civil & Religious Liberties, yea the sub∣version of every remaining Model of Our Religion, as Reformed & Covenanted to be preserved, in Doctrine, Worship, Discipline, & Government, and designs to in∣troduce Popery & establish Arbitrary Government, have made Complete: But the former is here granted, Ergo— (3) If in the case of his being out of his wits, he should run upon an innocent man to kill him, or attempt to cut his oun throat, it were then Lawful to resist him▪ yea a sin not to do it; Then when in a rage, o•• deliberately, he is seeking to destroy many hundreds of the people of God, he may be resisted: But the former is clear: Ergo—8. King Iames the Sixth, in his Remonstrance for the right of Kings, against the Oration of Cardinal Perron, hath these words, The publick Laws makes it Lawful, and free for any private per∣son, 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 Adver∣saries, that the Absolute subjection they talk of will not hold, nor the prerogative be so incontrollable in every case, as they would pretend, and that in many cases, Sa∣lus populi 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 no wayes 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: Er∣go—2. If this power & right were restrained in man against the unjust violence of any, it would either be by Po∣licy, or Grace, or some express prohibition in the Word of God: But none of these can be said: Ergo—Policy cannot destroy nature, but is rather cumulative to it; A man entering into a Politick Incorporation, does not lose the priviledge of nature: If one particular nature may de∣fend it self against destroying violence out of Societie, then must many of these Natures combined in Societie have the same right, and so much the more that their relative duties superadde an obligation of mutual assistence. 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 interf••••e ••ne with another. 3. That Law which alloweth comparative re-offending, so as to kill ra∣ther than be killed, teacheth Resistence: But so the Law of Nature alloweth, except we be guilty or 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 dif∣ference

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 Com∣mon-wealth, & the cruelty of a Tyrant. And it were ab∣surd to say, we might defend our selves from the lesser vio∣lence, & not from the greater. 5. If particular Nature must yeeld to the good of Universal nature; then must one man, though in greatest power, be Resisted, rather than the Uni∣versal Common-wealth suffer hurt: But the former is true; for that dictates the necessity of the distracted father to be bound by his oun sons, lest all the family be hurt: Ergo the greatest of men or Kings, when destructive to the Common-wealth, must be Resisted; for he is but one man, & so but particular nature. 6. That which is irrational, and reflects upon Providence, as puting men in a worse condition then Brutes, is absurd and contrary to the Law of Nature: But to say, that the Brutes have power to defend themselves by resisting what annoyes them, and deny this power to men, is irrational and reflects upon Providence, as puting men in a worse condition than Brutes: Therefore it is ab∣surd, & 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 & Government, in over∣turning Laws, subverting Religion, bringing in Idolatry, oppressing Subjects, is not of God: Ergo it may be Resist∣ed: 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. 13. 2. But they that resist a man destroy∣ing all the Interests of mankind, overturning Laws, sub∣verting 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, in∣justice, & cruelty, and would give as great encouragment to Tyrants to do what they lift, as thieves would be en∣couraged, if they knew no body 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 de∣fend themselves against all injuries, but devolved their rights upon the fiduuciary 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, & choice, with whom they associated not to their detriment but for their advan∣tage, 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 & vi legis, for good ends; Then they did not give away their birth-right of self defence, and power of resistence, which they had before to with∣stand the violence, injuries, & oppressions of the men they set over them, when they pervert the form and convert it to Tyranny, but did retain a power & priviledge to resist and revolt from them, and repell 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 oun power in the fountain, and if they give it for their oun good, they have power to judge when it is used against themselves, and for their evil; and so power to li∣mit & resist the power that they gave.

5. From the way & manner of erecting Governours by Com∣pact, the necessity whereof is proven Head. 2. Many ar∣guments might be deduced; I shall reduce them to this form: If people must propose Conditions unto Princes, to be by them acquiesced in & submitted unto at their Ad∣mission to the Government, which thereupon becomes the fundamental Laws of the Government, and Securities for the peoples rights & Liberties, giving a Law Claim to the people to pursue the Prince, in case of fai••ing in the main & principal thing Covenanted, as their oun Covenanted Mandatarius who hath no Ius or Authority of his oun, 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 be∣come stricto jure no Prince, and the people be stricto jure Li∣berated from subjection to him, they may & must Defend themselves and their fundamental Rights & Priviledges, Religion & Laws, and Resist the Tyanny 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 Ius 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 Ma∣rital, nor Masterly, & Despotick, over the Subjects Persons & 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 ca∣ses: Ergo that power which is not so properly, but only fiduciary is more to be Resisted. That a Kings 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 & Tyranny of Princes, seeking to destroy them, and what is dearest to them; for there is no stricter obligation Moral between King & people, than between Parents & Children, nor so strict; and between Tyrants & people there is none at all: But the former cannot be denyed: Ergo—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 & wife; yea there is none at all: But the former is true: Ergo—3. If Servants may defend them∣selves against their Masters; then must private subjects defend themselves against a Tyrant or his Emissaries: But the former is true: Ergo—4. If the Kings power be only

fiduciary, and by way of Paun, which he hath got to keep; then when that power is manifestly abused, to the hurt of them that entrusted him with it, he ought to be Resisted by all whom he undertook to protect: But the former is true: Ergo the latter.

7. From in the Limited power of Princes it may be thus argued: If Princes be limited by Laws & Contracts, and may be resisted by Plea's in Law, and have no absolute power to do & 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 peoples Rights, nor execute the Laws made according to their pleasure, nor conser on others a Lawless licence to op∣press whom they please; Then when they turn Tyrants, and arrogate a Lawless Absoluteness, and cross the Rules & transgress the Bounds prescribed by Gods Law & mans Law, and make their oun lust a Law, and execute the same arbitrarly, They must be Resisted by force, when a legal resistence cannot be had, in defence of Religion and Liberty: But all Princes are limited &c. Ergo—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 Gods Law and mans, is not the Ordinance of God: Ergo it may be Resisted.

8. Further from the Rule of Government it may be argued several wayes. 1. That power which is contrary to Law, evil & Tyrannical, can tye none to subjection, but if it oblige to anything, it tyes to Resistence: But the power of a King against Law, Religion, and the Interests of the subjects, is a power contrary to Law, evil & Ty∣rannical: Ergo—The Major is plain, for Wickedness can tye no man but to resist it: That power which is con∣trary to Law evil & Tyrannical is Wickedness. 2. That power and those Acts, which neither King can exerce 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 & Liberty:

Ergo—The Minor is evident from Scriptures condemn∣ing oppression & 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 & such Acts as cannot be commanded, cannot be executed, cannot be obeyed Lawfully, are sinful & wicked; and because it cannot be a Magistratical power, for that may alwayes be exerced & executed Lawfully. And what a man cannot command, the resisting of that he cannot punish: But acts of oppression against Law, Religion, & Liberty, a man cannot com∣mand. Ergo the Resisting of these he cannot punish. 3. That Government or Administration, which is not subordinate to the Law & Will of God, who hath ap∣pointed it, must be Resisted; But that Government or Administration, which undermines or overturnes Reli∣gion & Liberty, is not subordinate to the Law & Will of God: Ergo—The Major is clear: for nothing but what is the Ordinance of God, subordinate to His Law & Will, is irresistible Rom. 13. 2. The Assumption is unde∣nyable.

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 alwayes held that Salus Populi est Suprema Lex, The Arguments may run thus, in short. 1. That Doctrine which makes the Holy one to cross His oun ends in giving Governours, must be absurd & Unchristian, as well as irrational: But such is the Doctrine that makes all Kings & Tyrants irresistible upon any pretence whatsoever. Ergo—The minor I prove: That Doctrine which makes God intending His oun Glory & the peoples good, to give Go∣vernours both as Fathers to preserve and as Murderers to destroy them, must make the Holy one to cross His oun ends; for these are Contradictory: But the Doctrine that makes all Kings & 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 actu primo, 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 & Liberty, then a Blessing turns a Curse: Ergo—2. Means are to be Re∣sisted, when they are not useful for but destructive to the ends they were appointed for: But Governours overturn∣ing Religion & Liberty, are Means not useful for, but de∣structive to the ends for which they were appointed, Seeing then they are neither for the Glory of God, nor the good of Mankind. Ergo—3. If all powers & Prerogatives of men, are only means appointed for and should vaile unto the Supreme Law of the peoples Safety, and all Laws be subordinate to and corroborative of this Law, and when cross to it are eatenus null & no Laws, and all Law-for∣malities in Competition with it are to be laid aside, and all Parliamentary priviledges must yeeld to this, and King & Parliament both conspiring have no power against it, and no Soveraign 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 & Prerogatives, all Laws & 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. Ergo—4. That power which is obliged & appointed to command & rule, Justly & Religiously, for the good of the people, and is only set over them on these conditions, and for that end, cannot tye them to subjection without Resistence, when the power is abused to destruction of Laws: Religion, and people: But all power is so obliged & appointed: Therefore whensoever it is so abused it cannot tye 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: Ergo we may Resist them. The Connexion I prove (1) If all grounds of Justice will warrand the one as well as the other, then if the one be duty so is the other: But the for∣mer

is true: For the same justice & equity that warrands declining a Tyrants unjust violence by flight, will warrand Resistence when flight will not do it; The same Principle of self defence, that makes flight duty when Resistence is not possible, will aso make Resistence duty when flight is not possible; The same Principle of Charity to Wives & Children, that makes flight Lawful when by Resistence they cannot avoid Tyranny, will make Resistence duty when by flight they cannot evite it; The same Principle of Conscience to keep Religion free, that prompts to flight when Resistence will not save it, will also prompt to Re∣sist 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 Resistence 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 in∣terposing walls & armes? both is resistence, for against a Lawful Magistrate that would be resistence. (3) If a Tyrant hath irresistible power to kill and destroy the people, he hath also irresistible power to cite & summond them before him; and if it be unlawful to resist his murders, it must be as unlawful to resist his summonds. (4) For a Church or Community of Christians persecuted for Re∣ligion, to flee with Wives & Children, strong & weak, old & yong, 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 Natures Law, or Gods Word, for a Communitie or Society of Christians, that have Gods Right and mans Law to the Land and the Covenanted Priviledges thereof, to leave the Country and Cause of Christ, and all in the hands of a Tyrant & Papist, to set up Idolatry upon the ruines 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, its duty to

Resist Tyrants, in defence of Religion & Liberty: But it is duty to disobey them. Ergo—The Connexion only will be stuck 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 Resistence: But subjection is no more pressed in Scripture than obedience: For all Commands of subjection to the Higher powers as Gods Ministers, under pain of damnation, do only respect Lawful Magi∣strats, 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 Magistrats be duty, and non-obedience sin, and obedience to Tyrants sin and non-obedience duty; Then by Parity of reason, subjection to Magistrats is duty and non-subjection is sin, and also subjection to Tyrants is sin and non-subjection duty.

11. From the Resistence allowed in all Governments, it may be argued thus: If it be duty to defend our Religion, Lives, & Liberties, against an invading army of Cut-throat Papists, Turks, or Tartars, without or against the Ma∣gistrats warrand; Then it must be duty to defend the same against invading home-bred Tyrants, except we would subscribe our selves home-born slaves: But the former is true: Ergo—The Minor cannot be doubted; because the Magistrats power cannot be privative & destructive to de∣fence of our Religion, Lives, & Liberties; nor can it take away Natures birth-right to defend these; or make it fare the worse than if we had no Magistrats at all, now if we had no Magistrats at all we might defend these against Invaders, and whether we have Magistrats 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 & Liberties them∣selves, than in suffering others to do it, or hindering them to be opposed; And if their invasion be more Tyrannical, hurtful, & dangerous than the invasion of Strangers; Then if it be duty to resist Strangers invading these 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 Resistence we may draw this Argument, which might be branched out into several, but I shall reduce it to this Complexe one: If when we are in a Capacity, we cannot acquit our selves in the duties that we owe to our Covenanted Religion, and our Covenanted Brethren, and Posterity, and our selves, nor absolve & exoner our selves from the sin & Judgment of Tyrants, who overturn Religion, oppress our Brethren, impose slavery on our selves, and entail it upon Posterity, by a Passive subjection, submission to, and not opposing these mischiefs; Then Resistence is necessary: But the former is true: Ergo—The Connexion is clear: for there cannot be a Medium; if we cannot discharge these duties by sub∣jection, 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. 1. The duties we owe to Religion, when it is corrupted, declined from, & overturned, are not only to Reforme our oun hearts & wayes, and keep our selves Pure from the Corruptions established, and to re∣buke and witness against the Complyers with the same, and so by work, doing & suffering, keep & contend for the Word of our Testimony; But further, when by the Constitution of the Kingdom Religion is become a funda∣mental Law, and consequently the Magistrate overturn∣ing it, is violating & everting the main grounds & ends of the Government, and turning grassant & ingrained Ty∣rant, especially when it is not only so Authorized & Con∣firmed by Law, but Corroberated by solemn vowes & Covenants made & sworn unto God by all ranks of people, to maintain & defend this Religion with their lives & fortunes—and resist all contrary errors & corruptions according to their voca∣tion; and the uttermost of that power that God puts in their hands, all the dayes of their lives, As also mutually to defend & assist one another. (as in the National Covenant) And sincerely, really,

& constantly endeavour—the Preservation of the Reformed Religion in Doctrine, Worship, Discipline, & Government, the extirpation of Poperie, Prelacie &c—and to assist & defend all those that enter into the same bond in the maintaining thereof— (as in the Solemn League) Then to defend & maintain that Religion and themselves Professing it; when it is sought to be razed; This must be an Interest as necessary to be de∣fended, as that of our bodies which is far inferiour, and as necessary a duty, as to defend our Natural & Civil Liberties from perpetual slaverie, and as preferrable thereunto, as Christ Interest is to mans, and as the end of all self pre∣servation is to the means of it, the preservation of Religion being the end of all self preservation: But this duty cannot be discharged without Resistence, in a meer Passive sub∣jection & submission; Otherwise the same might be dis∣charged in our universal submission to Turks coming to destroy our Religion. Certainly this Passive way cannot answer the duty of Pleading for Truth Isai. 59. 4. seeking the Truth Ier. 5. 1. being valiant for it Ier. 9. 3. making up the hedge, standing in the Gap &c. Ezek. 22. 30. which yet are necessary incumbent duties according to our Capacity; Therefore we cannot answer the duties we owe to Reli∣gion in a meer Passive way. 2. The duty we owe to our Covenanted Brethren, is to assist & defend them, and re∣leive them when oppressed, as we are bound by our Co∣venants, and antecedently by the Royal Law of Christ, the foundation of all Righteousness among men toward each other, Math. 7. 12. All things whatsoever ye would that men should do to yow, 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. 24. 11, 12. But this cannot be done by meer subjection with out Resistence. 3. There is no way to free our selves of the sin & judgment of Tyrants by meer Passive subjection: We find in the Scriptures, people have been so involved and punished for the sins of Tyrants; As the people of Iudah for Manasseh 2 King. 21. 11. &c. Ier. 15. 4. whose sins if they had not been com∣mitted,

the judgments for them had been prevented, and if the people had hindered them they had not smarted; But being joyntly included with their Rulers in the same bond of fidelity to God, and made accountable as joynt Princi∣pals with their Kings for that debt, by their Mutual as well as Several engagments to walk in His Wayes, they were lyable to be punished for their Rebellion & Apostasie, be∣cause they did not hinder it. Hence some-what must be done to free our selves of their sin and to escape their Judg∣ments: But this can be nothing else but opposition to them by Resistence; or else if we make any other opposition, it will make us more a prey to their fury.

II. Secondly this Truth is Confirmed from the Com∣mon Practice of the people of God, even under Persecution. Whence I shall draw an Argument ab Exemplis, which to condemn were impious, and to deny were most impu∣dent. And for formes 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 & Liberties, may & 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 & Liberties by defensive Armes, Resisting the Soveraign powers that sought to dostroy them: Ergo this may & ought to be done again when these Religious Civil & natural priviledges, are in the like hazard to be destroyed by the violent encroach∣ments of the Soveraign powers. The Proposition cannot be denyed, except by them that do profess themselves ene∣mies to the people of God, and condemn their most fre∣quently reiterated practices most solemnly & signally ouned of God, to the confusion of their enemies, to the con∣viction of the World, that the Cause for which they con∣tended was of God, and to the encouragment of all the Patrons of such a Cause, to hope that when it is at the lowest it shall have a Revival & Glorious Issue. It is true somtimes they did not Resist, when either they were not in a Capacity, or did not see a Call to such an Action, but

were extraordinarly Spirited of the Lord for Passive Te∣stimonies under a suffering dispensation: But 'tis as true, that many times they did Resist, when the Lord capacitat∣ed, called, & 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 Resistence will be litle inferiour, if not superiour in num∣ber 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 cursorly glean out of that plentiful harvest that Histories afford.

1. I need only to glance at that known & famous History of the Maccabees, of undoubted verity, though not of Can∣nonical Authority. In which, according to Scripture Pre∣dictions, we have a notable account of Heroick Inter∣prizes, Atchievments, & Exploits, performed by them that knew their God, and tendered His Glory and their Reli∣gion & Countries Liberties, above the Common Cate∣chrestick notions of incontrollable irresistible Royaltie, and absolute implicite Loyaltie, that have abused the world in all ages. We have there an account of the noble & suc∣cessful Resistence of a party of a few Godly & zealous Pa∣triots, without the concurrence of Civil Authority, or countenance of the Ephori or Primores regni, against a King universally acknowledged & subjected unto, that came in Peaceably, and obtained the Kingdom by fl••tt••ries, with whom the greatest part and those of the greatest note took part, and did wickedly against the Covenant and Nations In∣terest, and were corrupt by flatteries: Yet a few Priests, with the concurrence of some common Country-men, did go to armes against him and them; And the Lord did wonderfully assist them for a considerable time, as was foretold by Daniel. 11. This fell out under the persecution of Antiochus Epiphanes, and was happily begun by Mathias a Godly Priest, and his five Sons, who being commanded

under severe Certifications to Worship according to the then Law and the Kings wicked lust, did valiantly resist that abomination, and went to defensive armes: which while living he Patronized, and when adying did encou∣rage his sons to it by a notable Oration, shewing what case his Country was in, and what a duty & dignity it was to re∣deem & deliver it. This was vigorously prosecuted by Iudas Maccabeus, expressly for the quarrel of Religion & Liber∣ty, against that mighty Tyrant & 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 Emperours, this Priviledge of Self Defence was not much improved or contended for by Christians, who studied more to play the Martyrs than to play the Men, be∣cause in these Circumstances the Lord was pleased to Spi∣rit for and call them unto, and accept off their hands, pas∣sive Testimonies; while they were incorporate under a Civil relation with the Heathens, in subjection to Governours who did not by open Tyrannie overturn their Civil Liber∣ties, 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 joynt Concur∣rence & Correspondence, to undertake a Declared Re∣sistence; 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 form∣ed 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 these are found on record. 1. How some inhabiting Mareots, with force rescued Dyonisi•••• of Alexandria, out of the hands of such as were carrying him away, about the year 235. 2. How about the year 310. the Armenians 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 Alexandria de∣fended Athanasius their Minister, against Gregorius the in∣truded Curate, and Syrianus the Emperours 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 Em∣perour, and killed his Captain Hermogenes: And afterwards in great Multitudes they opposed the intrusion of the Here∣tick Macedonius. 5. How, when a wicked Edict was sent forth to pull doun the Churches of such as were for the Clause of one Substance, the Christians that maintained that Testimony resisted the bands of Souldiers, that were pro∣cured at the Emperours Command by Macedonius, to force the Mantinians to embrace the Arrian Heresie: But the Christians at Mantinium, kindled with an earnest zeal towards Christian Religion, went against the Souldiers with Cheerful minds & 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 Lievtenant of the Emperour Valens, durst not execute those 80 Priests who had came to suppli∣cate the Emperour, and were commanded to be killed by him. 8. How the Inhabitants of Mount Nitria espoused Cyril••s quarrel, and assaulted the Lievtenant and forced his Guards to flee. 9. How about the year 404. when the Emperour had banished Chrysostome, the people flocked to∣gether, so that the Emperour was necessitated to call him back again from his Exile. 10. How the people resisted also the transportation of Ambrose by the command of Va∣lentinian the Emperour; And chused rather to lose their lives, than to suffer their pastor to be taken away by the Souldiers. 11. How the Christians, oppressed by Bara∣tanes King of Persia, did flee to the Romans to seek their help. And Theodosius, the Emperour, is much praised for the war which he commenced against Chosroes King of Per∣sia, upon this inducement, that that King sought to ruine & exstirpate those Christians in his Dominions, that would not renounce the Gospel.

3. But when Religion was once imbraced in imbodyed Corporations, and established by Law, and became a peoples common Interest & Liberty, in a Capacity to de∣fend it with their lives & other Liberties, and when it was

propagated through the Nations: Then the Lord did call for other more Active Testimonies, in the preservation & defence of it: Of which we have many Instances in Histo∣ries. About the year 894. The Bohemian Christians Resist∣ed Drahomica their Queen, who thought to have destroyed them & reintroduced Paganisme. About the year 1420. they maintained a long defensive war against the Govern∣ment, and the Popes Legats, under the managment of their brave Captain Zizca; which was further prosecuted after him by the remaining Thaborites. And again in this Cen∣tury, anno 1618. They maintained a Defensive war against the Emperour Ferdinand the Second, electing and erecting a new King in opposition to him, Frederick Palatine of the Rhine, in which Cause many received the Crown of Mar∣tyrdom: and this was also espoused by King Iames the 6. who sent to aid his Son in Law against the Emperour.

4. If we look to the Histories of the Waldenses, these constant Opposers of Antichrist, we will find many In∣stances of their Resistence. About the year 1194. very early, while Waldo (from whom they had their name) was alive, they began to defend themselves by Armes, after the bloody Edict of Aldephonsus King of Arragon; an Edict so like to many of ours emitted this day, that 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. Anno 1488. they resist by Armes Albert de Capita∣neis sent by Pope Innocent the 8. in Pragola & Frassaniere, and through out Piedmont; where for the most part the off∣spring 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 Pro∣genitors, valiant for the Truth. Thats a famous Instance of their Resistence, in opposing vigorously the Lord of Tri∣nity, in that same Piedmont, at which time they so solemn∣ly asked their Ministers, Whether it were not Lawful to defend themselves against his violence? Who answered af∣firmatively. And accordingly they did it with wonderful success at that time, and many times thereafter. Espe∣cially

it is notour; in the memory of this present age, how anno 1655. a vigorous defensive war was prosecuted against the D. Savoy, by their Captains Gianavel, Iahier &c. which was espoused by many Protestant Princes. And no fur∣ther gone than the very last year, it is known how they re∣sisted the Armes of the Tyger, and the French that helped him, and that their Simplicity in trusting Popish promises was their ruine.

5. If we look over the Histories of the Albigenses, we find many Instances of their Defensive Resisting their Op∣pressing Superiours. About anno 1200. They defended themselves at Beziers and Carcasson, against the Popes Legat and his Crossed Souldiers, under the Conduct, first of the Earle of Beziers, and then of the Earle of Foix, and Earle Remand of Thoulouse, and were helped by the English who then possessed Guienne bordering upon Thoulouse: which resistence continued several years. Afterwards anno 1226. they maintained a Resistence against the King of France.

6. In Spain, we find the people of Arragon contesting with Alphonso 3^d. and associating themselves together against him. And they tell Pedro 3^d. their King, that if he would not contain himself within the limits of the Laws, they would pursue him by Armes, about anno 1283. As also other Spaniards, who rose in Armes several times against Pedro the 1 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 anno 1308. they joined in Covenant to defend themselves against the house of Au∣stria: and anno 1315. they renewed it at Brunna, in which at length the rest of the Cantons joined, and formed them∣selves into a Common-wealth.

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 Emperour Charles the fifth. The Duke of Saxon, the Land Grave of Hesse, and the City of Magd••burgh, with Advice of Lawyers,

concluded

That the Laws of the Empire permitted Re∣sistence of the Emperour in some cases, that the times were then so dangerous, that the very force of Conscience did lead them to Armes, and to make a League to defend themselves, though Caesar 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) Re∣sist, as may be shewed both by Sacred & Profane Histo∣ries

— And so they undertooke and stated the war upon the account of Religion & Liberty.

9. If we but cast an eye over to the Hollanders, we will find how much they stand obliged to this practice of De∣fensive Armes; having thereby recovered both Religion & Liberty, and established themselves into a fiourishing State. We find even in the time of D. de Alva's Persecu∣tion, they began to defend Haerlem and Valenciennes in He∣nault, and went on till under the conduct of William of Nassaw 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 Tyrannie.

10. If we go to the French Hugenots, we will find many Instances among them, and many brave Heroes raised up, to maintain the principle and prosecute the practice thereof, of older & later date. The History of the Civil wars of France is stored with their Trophees; and the Me∣mories of Condie & Coligni will ever be fragrant. There were many Resistences there, both before & since the Pari∣sian 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 Mathias denyed the free exercise of Religion unto the Protestants of Austria, they took up Armes in their oun defence, and sent a Protestation unto the Estates of Hungarie, requiring their Assistence, conforme to their League. And now this present war there founded upon this plea.

12. The Polonians have often times levied war against their Kings: and we are furnished by Clark in his Martyrol. with a late Instance of their Resistence against the Soveraign Powers, at Lesita in Poland anno 1655.

13. The Danes & Swedes have not been wanting for their parts in taking course with their Christierns, Kings of that name, whom they resisted & punished. And generally, wherever the Reformation was received, we find this prin∣ciple 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 & Celebrated Monarchs in the world, have espoused the quarrel of oppressed Subjects. Not only such as Tamerlanc, whose observable Saying is noted, when he advanced against Bajazet, I go (sayes he) to chastise his Tyrannie and to deliver the afflicted people. And Philip & Lewis of France, who assisted the Barons of England against King Iohn. And Charles the Great, who upon this ground undertook a war against the Lombards in Italie. But even Constantine the Great, hath it recorded for his honour, that he employed his power & force against L••cinius, upon no other Motive but because he banished, tortur'd, & de∣stroyed those Christians in his Dominions, that would not abandon their Religion. And Q. Elizabeth is commended, for assisting the Dutch to maintain their Religion by force, when they could not enjoy it by favour. And King Iames the 6. gave publick aid to the Protestants in Germany & Bohe∣mia against the Emperour. 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 the first, this mans Father, pre∣tended at least to help the Protestants in France at Ree and Rochel: And though he himself was avowedly Resisted by the Parliaments of both Ringdoms, yet he was forced to Declare in his Acts of Oblivion & Pacification, The Scots late taking up Armes against him, in defence of their Religion, Laws, & Priviledges, to be no Treason nor Rebellion—See Apol. Relat. Sect. 11. pag. 149. And thô the late Charles the Second condemned all the Risings of the people of Scotland for de∣fence

of Religion & Liberty, and their lives & priviledges, which his oun Tyrannie forced them into; yet he justified the present Revolt of Heathens & Mahumetan Subjects from the young King of Bantam in Iava Major in the East Indies, who, when he got the Government in his hands by his Fathers Resignation, killed his subjects, and caused them to be killed without any cause, which was the reason of their revolt ftom him, and defending the Father against the son: This defensive war of these Subjects was justied by the said Charles, in his sending Amunition &c. for their re∣lief. These, and many moe Instances that might be ad∣duced, are sufficient evidences of the Righteousness and Reason of such Resistences, when the Greatest of Princes have undertakent he Patrocinie of them.

III. From Scripture-Proofs, I shall but briefly gather some of the many that might be pressed, which being put to∣gether to me seem impregnable. I shall reduce them to these heads. 1. I shall aduce some practices of the Lords people, frequently reiterated, never condemned, alwayes ap∣proven, confirming this Point. 2. Some severe Repre∣hensions for their omission of this duty, in the season there∣of. 3. Some promises both of Spiriting for the duty, and of Countenancing it, when undertaken. 4. Some precepts commanding such Atchievments. 5. Some prayers sup∣plicating for them. All which put together will make a strong Argument.

First, For practices of this kind, there is nothing more common in Scripture Historie.

1. I shall begin at the first war that is recorded in the World: wherein some loss fell to the Godly at first, but afterwards by the virtue & valour of their Brethren they were vindicated, and the victory recovered with honour. Lot & his family living in Sodom was taken Prisoner, by Chedarlaomer and his Confederates Gen. 14. 12. but Abra∣ham hearing of it, armed his trained servants, and pursued them to Dan, and rescued him vers. 14-16. thereby justifying that Rebellion of the Cities of the plain, by taking part & vindicating the Rebells. Hence, he that may re∣scue subjects from the violence of any Tyrannizing Do∣mination

by armes, may also rise with these subjects to oppose that violence: But here is an example of that in Abraham—Ergo—

2. After the Lords 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. Iudg. 3. 1, 2. And when they did evil in the sight of the Lord, He sold them into the hand of Chushan-rishathaim King of Mesopotamia, whom they served and were subject to eight years ver. 8. but when they cried unto the Lord, their Rebellion, shaking off that yoke, was successful under the Conduct of Othniel ver. 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 armes, under the Conduct of Ehud, they recovered their Liberty. And after his death, falling into that sin again which procured the like Miserie, they became subject to Iabin King of Canaan, who twenty years mightily oppressed them Iudg. 4. 1-3. but by the Lords Commandment, under the Conduct of Deborah & Barak, they Rebelled & prevail∣ed. Whence, If the Lords people, serving a Soveraign Domineering power, may shake off the yoke of their sub∣jection; 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: Ergo—Object. If any Cavil that these were not their oun Kings, to whom they owed Allegiance, but only invading Conquerours, whom they might resist. 1 Ans. (1) Yet they were the Soveraign powers for the time: And therefore, if Royalists & Loya∣lists grounds hold good, they ought upon no pretence whatsoever to have been Resisted: And thô possibly they might not be by Compact their oun Kings, yet by Conquest they were, as much as that would make them, and by their oun Consent, when they paid them Kings due, viz, tribute. (2) No more are they our oun 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, & degene∣rate into Tyrants: To such we owe no Allegiance, more than Israel did to these Dominators. (3) I retort that old recocta Crambe, who should be Judge, whether they were their oun 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 Magistrats Original chap. 8. Sect. 4. Pag. 268. improves these Instances to the same purpose, And addes

Neither (as far as my obser∣vation goes) can any immediate or extraordinary Com∣mand 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 Gideons example, thô he had an extraordinary Call, cannot be pretended as unimitable on the matter; for that was ordinary, thô the Call & Manner was ex∣traordinary. He, with the Concurrence of a very few men, did break the yoke of subjection, to Midian Iudg. 6. & 7. Ch: And having called his Brethren out of all mount Ephraim, into a conjunction with him in the pur∣suit 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 Gods Approbation deliver them∣selves, 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 Oppressours 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 Ergo—Object. If it be said, Gideon, and the rest of the extraordinary raised Judges, were Magistrats, therefore they might defend & deliver their Country, which a private people that are only subjects may not do. I ans. (1) They were subject to these Tyrants that op∣pressed

them, who were then the Soveraign powers of that time, and yet they shook off their yoke by defensive armes. (2) They were not the•• Magistrats, when they first ap∣peared for their Countries defence & deliverance, neither in that did they act as such, but only as Captains of Re∣bells, in the esteem of them that had power over them. It is clear Gideon was not Ruler, till that Authority was con∣ferred upon him after the deliverance. See Iudg. S. 22. &c. Yet he did all this before.

4. When his bastard Abimelech Usurped the Govern∣ment, and was made King by the men of Schechem; At length God sending an Evil Spirit between him and his Complices that set him up, not only was he Resisted by the treacherous Shechemites (which was their brand & bane, in the righteous Judgement of God, for their aiding him at first in killing his Brethren) Iudg. 9. 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. ad fin. Whence, If an Usurping Tyrant, acknowledged as King by the Genera∣lity, may be disouned by the Godly, and threatened with Gods vengeance to consume both him & h••s Complices that comply with him; and if he may be opposed & Re∣sisted 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 erec∣tion of such a Dominator, to defend themselves against his force: But the former is true by this Example: Ergo—

5. When Israel fell under the Tyranny of Ammon, op∣pressing them eighteen years, they did by Resisting these Supreme powers shake off their yoke, under the Conduct of Iephthah. And being challenged sharply by the men of Ephraim, who it seems claimed the Prerogative of making war, and therefore came to revenge & reduce Iephthah & 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 Primores Regni no war is to be made; yet we find Iephthah did not much regard it, but stoutly defended himself, & slew of them 42000

men known by their Shibboleth Iudg. 12. If people then when questioned for defending themselves, by them that claim a Superiority over them & should deliver them, may defend themselves both without them & against them; then it is a peoples duty & priviledge: But the former is true by this Example.

6. They were then made subject to the Philistims 40 years, whom the men of Iudah acknowledged for their Rulers: yet Samson, that rackle-handed Saint, never ceased from pelting them upon all Occasions; and when challeng∣ed for it by the men of Iudah, saying, knowest thow not that the Philistims are Rulers over us? what is that that thow 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, sayes he, so have I done unto them Iudg. 15. 11. Hence, If Saints may avenge themselves upon them whom the Coun∣try calls Rulers, and when enabled by God may do to them as they did to them; then must it be duty for them to defend themselves against them: But the Antecedent is true by this Example.

7. When Saul, in the pursuit of the Philistims, 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, Ionathan his son tasted but a litle 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 peremptorly that not one hair of his head should fall to the ground: So the people rescued Ionathan that he died not 1 Sam. 14. 44, 45. Hence, If people may Covenant by Oath to Resist the Commands, and Rescue a man from a Tyrants 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 Sauls degeneration into many abuses of Government; this priviledge of Resistence was not

wholly mancipated, but maintained by Davids defensive Appearance with his litle Army He took Goliahs 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. 22. 2. had a mind to keep out ••eilah against him with 600 men 1 Sam. 23. 13. and afterwards a great host came to him to Ziklag, while he kept himself closs because of Saul the son of Kish 1 Chron. 12. 1. throughout▪ where they left Saul, and came & helped David against him. This is proved at length by Lex Rex quest 32. Pag. 340.

9. The City Abel, whither Shebah the Traitor had fled, did well to Resist Ioab the Kings General, coming to de∣stroy a whole Citie for a Traitors sake, and not offering peace to it (according to the Law Deut. 20. 10.) and de∣fended themselves by Gates & Walls, not withstanding he had a Commission from the King 2 Sam. 20. 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 peoples just conditions 1 King. 12. 2 Chron. 10. 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, & 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 Antece∣dent is clear from this Example. This is vindicated at more length by Ius Pop. Ch. 3. Pag. 52.

11. The Example of Elisha the Prophet is considerable 2 King. 6. 32. Elisha sat in his house, and the Elders with him; And the King sent a man before him, but ere the Messengers came to him, he said to the Elders, see how the 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 Masters feet behind him? Here was violent Resistence resolved against both the man & the Master, thô the King of the Land for the time. And this calling him the son of a Murderer; and resisting him, is no more ex∣traordinary (thô it was an extraordinary mans Act) than it is for a plaintiff to lybel a true crime against a wicked per∣son,

and for an oppressed man to close the door upon a Murderer, Lex Rex Quest. 32. Pag. 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 Mur∣derers Emissarie, but may be resisted by that innocent Sub∣ject; Then must a Community of such innocent Subjects defend themselves against a Tyrant or his Emissaries, com∣ing against them on such a wicked errand: The Antecedent is here clear.

12. The City Libnah revolted from under Iehorams Tyrannie 2 Chron. 21. 10. P. Martyr on the place saith, they revolted because he endeavoured to compell them to Idolatrie. This is justified above Head. 2. Hence, if it be Lawful for a part of the people to revolt from a Tyran∣nical 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, Iehojada the priest strenghtened himself, and made a Covenant with the Captains &c. to put her doun, and set up Ioash 2 King. 11. 2. Chron. 23. and when she came & 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 Iehojada though no Magi∣strate did it.

14. The repressing & punishing Amaziah the son of Ioash is an undenyable Instance, vindicated by Mr Knox; see above Per. 3. Pag. 38. After the time that he turned away from following the Lord, the people made a Conspiracy against him in Ierusalem, and he fled to Lachish, but they sent & slew him there 2 King. 14. 19. 2 Chron, 25. 27. Hence, a fortiori, If people may conspire & concur in executing Judgment upon their King turning Idolater & Tyrant, then much more must they defend themselves against his violence.

15. The same power of peoples Resisting Princes, was exemplified in Uzziah or Azariah, when he would needs be supreme in things Sacred as well as Civil 2 King. 15.

2 Chron. 26. fourscore priests, that were valiant men, withstood him, and thrust him out of the Temple, de∣turbarunt eum, saith Vatablus, expulerunt eum saith Ar. Mont. vid. Pool Synopss. in Loc. See this vindicated by Mr Knox. Per. 3. Pag. 33. 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 Iewes 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, & Sycophantick Accusation, that they were building the rebellious & bad City, and would refuse to pay the King toll, tribute, & custome) they were straitlie discharged by Artaxerxes to proceed in their Work, and the inhibition was execute by force & power Ezrah. 4. But by the encouragement of the Prophets, Haggai & Zechariah, countermanding the Kings decree▪ they would not be hindered, the eye of their God being upon them, thô Tatnai the Governour of those parts, Shetharboznai, and their Companions, would have boasted them from it, with the Usual Arguments of Malignants, who hath com∣manded yow to do so & so? Ezrah. 5. 3-5. And yet this was before the decree of Darius was obtained in their fa∣vours, Ezrah. 6. Hence, if people may prosecute a duty without & against a Kings 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 Ierusalem, and invited the Iewes to build up the Walls of the City, they strengthened their hands for that good work against very much oppo∣sition: And when challenged by San••allat the Horonite, Tobiah the Servant the Ammonite, and Gesh••m the Arabian. Great Kings-men all of them, who despise & ••oasted them, what is this that ye do? will ye rebeli against the King? say they. He would not plead Authority, thô in the general he had the Kings 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, Nehem. 2. 19, 20. And accordingly, not withstanding of all Scoffs & Plots & Conspiracies to hinder the building, yet they went on, and were encouraged to remember the Lord, & fight for their Brethren &c. and to build with weapons in their hands, N••h. 4. and brought it to an end, notwithstanding of all their Practices to fright them from it, chap. 6. 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 & Capacity from God to prosecute, and if they may promove it against all opposition by defensive armes; Then, when a people are oppressed & treated as Rebells, for a necessary duty, they may & must defend themselves, and maintain their duty, notwithstanding of all Pretences of Authority against them.

18. I shall adde one Instance more, which is vindicated by jus populi, from the Historie 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 Jewes, written & sealled with the Kings ring, according to the Laws of the Medes & Persians, becoming a Law ir∣revocable & irreversible Esther. 3. 12, 13. Yet the Lords Providence, always propitious to His People, brought it about so, that Haman being hanged, & Mordecai advanced, the Jewes were Called & Capacitated, as well as Necessi∣tated, to resist that armed Authority that decreed to Mas∣sacre them, and that by the Kings oun Allowance, Esther. 9. When his former decree drew near to be put in execution, in the day that the Enemies of the Jewes 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 their radical right to defend themselves, which is not the Donative of Princes, And

which they had power to exerce & use without this, thô may be not the same Capacity: for the Kings warrand 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 & force of unlawful Authority; then may a people maintain right Au∣thority, in defending themselves against the injuries of pretended Authority: But by this Instance we see, the Jewes had Ahasuerus his Allowance to resist the decree & force of his oun ill-advised Authority, thô 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.

Secundly, We have in the Scripture both tacite & express Reproofs, for lying by from this duty in the season thereof.

1. In Jacobs Swan-Song or Prophetical Testament, wherein he foretells, what should be the fate & future con∣dition of each of the Tribes, and what should be remarked in their carriage influencing their after Lot in their gene∣rations, for which they should be commended or discom∣mended, approved or reproved; Coming to Issachar, he Prophetically exprobates his future Ass-like stupiditie, that indulging himself in his lazie ease and lukewarm se∣curity, he should mancipate himself & his Interests into a servile subjection unto his Oppressors Impos••itions, even when he should be in a Capacity to shake them off, and free himself by Resistence, Gen. 49. 14, 15. Issachar is a strong Ass couching doun between two burdens. This is set doun by the Holy Ghost, as the brand & bane, not of the person of Issachar Jacobs Son, but of the Tribe, to be inured upon them, when they should be in such a concition by their oun silliness: Hence I argue, If the Holy Ghost expro∣brate a people for their stupid subjection to prevailing Ty∣ranny, when they do not improve their Ability, Capacity, & Right to maintain & defend their Liberties & Privi∣ledges; Then this implies a Commanded duty to defend them, according to their Capacity, from all unjust inva∣sion: But the former is true here: Therefore also the later.

2. In Deborahs Song after their victorious Resistence, the people are severely upbraided for not concurring in that Expedition Iudg. 5. 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 Re∣proof, against all that will withdraw their helping hand from the Lords people, when necessitate to appear in de∣fensive Armes for the preservation of their lives & Liber∣ties. On the other hand, Zebulon & Naphtali are commend∣ed for jeoparding their lives in the high places of the fields, and are approved in that practice of fighting against the Kings of Canaan, that then ruled over them vers. 18, 19. Hence, if people be Reproved & Cursed for staying at home to look to their oun Interests, when others jeopard their lives for their Countries defence & freedom from Tyrannie & Oppression; Then this implies its a duty to concur in so venturing: But here, Rubeen, Dan, Asher, & Meroz, are Reproved & Cursed for staying at home, when Zebulon & Naphtali jeoparded their lives &c. Ergo.

Thirdly, we have in the Scriptures many promises of the Lords approving & countenancing the duty of Defensive Armes even against their Oppressing Rulers.

1. In that forecited Testament of the Patriarch Iacob, in that part of it which concerns Gad, he Prophecies that Tribe should have a lot in the world answering his name, and be engaged in many Conflicts with Oppressing Domi∣nators, 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 Ety∣mology of the name Gad which signifies a Troop, reading thus in the Hebrew, Gad a Troop shall overtroup him, but he shall ouertroup them at the last Gen. 49. 19. And Moses homo∣logating the same Testimony, in his blessing the Tribes be∣fore his death, shewes that he should make a very forcible & successful Resistence, and should execute the Justice of the Lord over his Oppressors Deut. 33. 20. 21. Wherein is implied a promise of Resistence to be made against Op∣pressing Conquerours, who should acquire the supreme

rule over them for a time: And the success of that Resist∣ence for overcoming, necessarly supposes Resistence. Hence, where there is a promise of success at last to a peoples Conflicts against prevailing Tyrannie, there is im∣plied 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 Threatening against Tyrants, shewing how they shall be thrust away & burnt up with fire, there is couch∣ed a promise, and also an implyed Precept of Resisting them 2 Sam 23. 6. The Sons of Belial shall be all of them as thorns thrust away—with hands fenced with iron &c. which clearly implies Resistence, and more than that. Rejection & Repression. Hence, If it be threatened 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 otherwayes taken: But here this is threatened &c.

3. When the Lord shall have mercy on Iacob & choose Israel, It is promised Isai. 14. 2, 3. that they shall take them Captives whose Captives they were, And they shall rule over their Oppressors—This necessarly implies & infers a Promise of Resistence against these Oppressing Rulers, in the time off their Domineering, as well as revenge after their yoke should be broken; And some thing of mens action as wel as Gods Judgement 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 & subjugated people shall break the yoke & 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 express.

4. There are promises that the Lords people, when those that rule over them are incensed against the Holy Co∣venant, and when many of their Brethren that should con∣cur

with them shall be frighted from their duty by fear, o^r corrupted with flatterie, shall be made strong to do exploits, thô in such Enterprizes they may want success for some time, and fall by the sword & flame and by captivity & spoyl many dayes Dan. 11. 30-34. Which is very near Paralel, to the case of the Covenanted people of Scotland their ap∣pearing in Defensive exploits against their Covenant-break∣ing Rulers these many years bygone. This was very emi∣nently fulfilled, in the Historie of the Maccabees, before r••∣hearsed. Hence, If it be promised that a people shall be strong to do exploits, in Resisting the Armes of their Ru∣lers, opposing their Covenant, and overturning their Re∣ligion & Liberties; Then it must be approven that such a Resistence is Lawful, even thô it want success: But this is here promised. To the same purpose it is promised, that after the Lords people have been long kept as Prisoners under the bondage of Oppressing Rulers, they shall by a vi∣gorous Resistence be saved from their Tyrannie Zech. 9. 13-17. when the Lord shall bend Iudah for him and raise up Zions Sons against the Sons of Greece—So it was in their Resistences & victories, against the Successors of Alexan∣der, 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 & Spirit His people for Action against their Oppressing Rulers, and to Crown their Atchievements when so fited & 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 Lords making use of His people, and strengthening them to break in pieces the power of His & their Enemies, and His defending & main∣taining them against all their power & projects, when they think most to prevail over them. As is promised, in the threatened Catastrophe of the Babylonian Usurpation Ier. 51. 20-24—Thow art (sayes He to Israel, of whom He speaks as the rod of His Inheritance in the preceeding verse) my battle ax & weapons of war, and with thee will I break in pieces &c. Whensoever this hath been or shall be accomplished (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 peoples vindictive Armes against Babylon ruling over them, then He will Justifie their Defensive Armes against Babylon Oppressing them: Here it is promised &c. So Mic. 4▪ 11. to the end, Many Nations shall be gathered to defile & look upon Zion, and then the Lord shall give Allowance & Commission to His people to arise & thresh &c. What time the accomplishment of this is referred to, is not my concern to inquire: It seems to look to the New Testament times, wherein the Lords people shall be first in great straits, and then enlarged: But to restrict it to the Spiritual Conquest over the Nations by the Ministrie of the Word (thô I will not deny but that may be included) seems too great a straitening 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 re∣ferred to the latter dayes of that Dispensation, when both the Iewish & Gentile Zion shall be totally & finally delivered from Babylon or Antichristian Tyrannie, before or about which Period, the Enemies of Christ and of His people shall attempt their Ultimus Conatus to destroy the Church groaning under their bondage; but when they are all well mustered in a General Randezvous, the Lords people shall have a gallant game at the chase. But whensoever the time be of fulfilling the promise, it ensures to the people of God the success of their Defensive Armes against them, that pretended a Domination over them. And it looks to a time, when they should have no Rulers of their oun, 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 dayes the people of God are to be honoured, and acted forth with such a Spirit & Capacity to thresh & beat doun 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 a honour: But here it is promised &c. The same may be inferred from the Pro∣phets

vision Zech. 1. 19, 20. He sees four Carpenters Re∣sisting the four hornes: the hornes scattered Iudah, so that no man did lift up his head; but the Carpenters came to fray them, to cast out the hornes of the Gentiles, which lifted up their horn over the Land of Iudah. These hornes had the Supreme power over Iudah for a time, while they were in no Capacity to resist them; But as soon as the Lord fur∣nishes them with Capacity & Instruments impowered to resist them, they do it effectually. The Carpenters are cer∣tainly the Lords people themselves; for here they are op∣posite to the Gentiles, which all were except the Lords people. Hence, If the Lord promises, when reconciled to His people, to furnish them with Instruments to fray & scatter the power of Tyrants, who have long born doun 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. 10. 5. &c. Then they shall be as mighty men which shall tread doun their Enemies—And the pride of Assyria shall be brought doun—Hence, If the Lord, when He shall have Mercy on His people, will bless their Resistence so, as to bring doun the pride & Scep∣ter of them that had the Supreme 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 Armes against Oppressing Rulers.

1. The Children of Israel are Commanded to vexe the Mi∣dianites & sinite them, for saith the Lord, they vexe yow with their Wyles Numb. 25. 17, 18. And to avenge themselves Numb. 31. 2. Which did not only oblige the people, when they had Moses for their Magistrate to lead them forth; but in the dayes of Gideon, when they were under their rule whom they were to avenge themselves upon. Hence, If people must vexe their Enemies, & avenge themselves of them, by a 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 pu∣••ish every City or party, making Apostasie into Idolatry

Deut. 13. 12-15. Upon this Moral Ground was Israels war against Benjamin Iudg. 20. And their bringing Ama∣ziah into Condign punishment, which is vindicated by Mr Knox. See above Per. 3. pag. 41, 42. Hence, If people are to bring to condign punishment Idolatrous Apostates seeking to Intyce them; Then much more ought they to resist such Tyrants seeking to Inforce them to such A∣postasie.

3. There is a precept, not only to defend, but also to rescue & deliver our Brethren when in hazard Prov. 30. 11, 12. We must not for bear to deliver them when drawen to death: which will at least infer the duty of assisting them when forced to defend themselves; for, If it be a duty to to rescue them from any prevailing power that would take their lives unjustly, much more is it duty to defend them and our selves both against their Murdering violence: But it is duty to rescue them &c.

4. All that would learn to do well, are commanded Isai. 1. 17. to relieve the Oppressed: which is not spoken to Magistrates only, many of whom were the Oppressors, the Princes were rebellious & Companions of thieves vers. 23. So also Isai. 58. 6. It is required of a people that would be ac∣cepted 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 our selves both against them that would oppress us more: But the former is here commanded: Therefore &c,

5. There is a Command for a spoyled Oppressed people, when the Lord is reconciled to them and Sympathises with them, to deliver themselves from their Rulers servitude Zech. 2. 7. Deliver thy self O Zion which dwellest with the daugh∣ter of Babylon. Which comprehends all the ordinary Active means of peoples delivering themselves, from oppressing powers that rule over them: And consequently Defensive Resistence; for it cannot only be restricted to flight included (vers. 6.) the promise annexed (vers. 9.) imports more, when they that spoyled them shall be a spoyl to their ser∣vants: Whereby it is 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 Lords people, being subject to Tyrants rul∣ing over them for the time, may deliver themselves from their Oppressing Masters, then may they resist them & De∣fend 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 weapens, necessary for their Defence against them that would pursue after their lives; as well as with other things necessary for their suste∣nance Luk. 22. 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 & buy one. Before, when he had sent them out upon an extraordinary Commission, as it were to serve their Apprentship in the Work of the Gospel, He did not allow them such sollicitous care to provide themselves, be∣cause He would give them a proof of His sufficiency to sustain & protect them, without the ordinary means of their oun 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 Prosecution of their more continued Work, which they had a Commission for not to be retracted, He would not have them to expect Provision & 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 & Coun∣tries. 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 writ∣ten might be accomplished in Him, He would make so much use of them, as voluntarely to be involved under the censure & reproach of Rebellion, being taken among men in Armes, that He might be reckoned among Transgres∣sours vers. 37. Therefore when they told him, they had two swords, He said, It is enough vers. 38. I need not stand

upon that Impertinency of a Conceit, that these were Spi∣ritual swords: Which deserves no Confutation, being fit∣ter 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 Spritual things must be bought by sellings of Garments; And yet they would be such Spiritual tools, as would have a sharp edge for cutting off of Carnal ears, and such as would be both visible & sensible; And two of them would be enough. They were then ordinary Material swords, which the Lord Commands His Followers to provide them∣selves with, for their defence as Men, in cases of necessi∣ty, and, when they should be in a Capacity, to improve them against their Murdering Persecuters, against whom He gives His Royal Grant of Resistence; that the world may know, His Subjects, thô they have more Priviled∣ges Spiritual, yet they have no less humane Priviledges than other men: Albeit at that Period of His determined Suffering, He would not allow the present use of them. Hence, If the Lords people should provide themselves with Armes of defence, thô they should be reputed Trans∣gressors for so doing; Then may they use these Armes of Defence, against them that Persecute them under that No∣tion: 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 Lords strengthening them, & favouring & approving their helpers, & in the experience of the Lord Assisting them, while in the mean time constitute in a formed Appearance of Resistence. I shall only hint these.

1. In that prayer Psal. 44. 5. They glory in hope that through the Lord they will push doun their enemies &c. yet now they were under the power of Tyrannizing Domina∣tors which they were Resisting: for vers. 9. they complain they were put to shame, because the Lord went not forth with their Armies, & they which hated them spoyled them—And for His Sake were killed all day long: Hence they plead, that the Lord would awake—and not forget their affliction & oppression. Whereby it is evident, they were

under the yoke of Tyrannizing powers, and Resisting ac∣cording to their might. Which, by whomsoever or upon what occasion soever the Psalm was compiled, shewes, that no want of Success in Resisting Tyrants, can mar the Saints faith in pleading for the Lords Assistence & Appro∣bation of the Duty. Hence, they that in faith may pray for & boast of their treading doun their Tyrannizing powers. that rise up against them, may also in faith attempt the Re∣sisting of them in their oun defence: But here the Lords people did the former.

2. We find David under Sauls persecution, while he had a party of 600. men to defend himself against his rage, in the Psalmes 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 destruc∣tion to Saul & his Complices; that the Lord would cut them off in His Truth, and let him see his desire upon them Psal. 54. 4, 5. ult. And Psal. 57. 4. And Psal, 57. throughout, And Psal. 140. 7, 9. He imprecates against the head of them that compassed him about, and consequently against Saul. Whence I argue. 1. If the Lords people, conflicting with & encompassed with Oppressing Rulers as so many Lyons & Dogs, may pray & 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 & praise: But here we see the Lords 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 our selves against them, and endeavour the means of that preservation for which we pray. The Connexion is before cleared: yet here I adde; 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 al∣low defending our selves from their violence: But here we see Tyrannie & Treacherie, and designed Mischief will give a Dispensation from our duty of praying for them, thô that be duty as indispensable as subjection. Again, if any

thing demur us from Resisting of Princes, it must be respect to their Majestie, and the Character of the Lords anoint∣ing 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 him∣self against his violence. And indeed, if we consider it right, if the impression of any Majestie God hath put upon Princes should bind up our hands from any Resistence, it will restrain from prayer-resistence: 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-resistence is the more for∣midable & forcible Resistence than any other (as this Saul, and many other Kings, have found by their woful expe∣rience) so it is more restricted than other Resistence; for, we may defend our selves against many whom we must not pray against, to wit, our private enemies, for whom we are commanded to pray; yet no body will deny but we may resist their violence: And likewise, we are com∣manded to pray for Kings, when invested with Gods Au∣thority: But when their degeneration looses us from that obligation to pray for them, and allowes 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 warrant∣ably resist them by Defensive Armes.

3. Among the Halle-luyahs, in the end of Psalmes, there is one Calcula••e 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 & security the Lord will vouchafe upon them, they are Prophetically & very Pathetically excited to praise prayer-wise Psal. 149. 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 Iudgement written; this h••nour have all the Saints, Halle-lujah. This was their praise & honour, when they were brought in to execute vengeance upon the Kings & Nobles of 〈◊〉〈◊〉. This also in Davids 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 & more famous execution of vengeance upon the Tyrants of the earth, when they shall have long kept under the Church of God, & at length the Lord shall give His people a Capacity to break their yoke: which, when ever it shall be, shall be their honour. Hence, If it be the honour of the Saints, when the Lord puts them in Capa∣city, to execute vengeance upon their Enemies, thô 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, & prayers, this Truth may be proven: from which Scrip∣tures, though other precious Truths are more Natively de∣duced, yet this Truth by unstrained & unconstrained Con∣sequence may be also clearly inferred.

HEAD. VI. The Sufferings of Some, upon the account of Extraordinary executing of Iudgement upon Notorious Incendiaries & Murdering publick 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, whensover there is a Concurrence & ve∣rification of both together, makes it very incident, and no wayes to be admired, that either some Ac∣tions 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 & narrower inspection of circumstances, through a Prospect of Chari∣ty, would not so readily condemn. When the Oppres∣sion of Tyrants comes to such a hight & pinch of Extremity, that it not only threatens a Community with desolation, but induces a necessity of unavoidable dissolution, and re∣duces a people to such a paroxisme of Desperation & con∣sternation (in respect of humane 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 revening Emissaries; or surrender them∣selves, 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; ex∣tremis malis extrema adhibere remedia, 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, thô they fall into several real Extravagances, which are not to be justified nor extenuated; but rather it is to be acknowledged, as a Miracle of the Lords 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 & Lenity of the Oppressours 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 Jus∣tice, and do not ponderate them in the ballance of Ne∣cessitated Virtue; nor perpend the circums••ances which made those extraordinary Acts of Judgement, which ma∣terially 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 Oppressours themselves; Or such who are blinded & bribed with their gifts and killed with their kindness, not only into an omission of concur∣ring, but into a condemning of such extraordinary At∣tempts

of taking off those Destroyers; Or if On-lookers at a Distance, would seriously consider, and ingenuously de∣clare 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 spar∣ing of their Censures, in a case whereof they have no ex∣perience; So Justice, in resolving this point for them∣selves, would constrain them to justify such extraordinary necessitated Practices for self preservation, in preventing perishing 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 en∣deavour to deliver themselves at last from, and put an end to their Cruelty who did most annoy them. Yea (as Naphta∣li sayes very well)

It were impossible that rational men, after the feeling of so sore grievances, and the teaching of so many & 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 clock their violence; and plucking them out of that Sanctuary of Loyaltie, and Refuge of Authority, which they do not more pretend than profane by all their horrid Rebellion against God, and cruel Murders executed upon the Lords people, to the effect that in the righteous & deserved pu∣nishment of these wicked men, both the sin of the Land might be sisted, and the fierce Anger of the Lord averted, Naph. Prior 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 Common-wealth, are not only condemned as Murders & horrid Assassinations, but Criminally & Capitally punished as such. And upon this account, the Sufferings of s••ch, as have left a Conviction upon the consciences of all that knew them, of their ho∣nesty, integrity, soundness, in the principles, and serious∣ness in the practice of Religion, have been several, singu∣lar,

and signally severe; and ouned of the Lord to the ad∣miration of all Spectators: Some being cruelly tortured & executed to the death, for essaying such execution of Judge∣ment, as Mr Mitchel; others for accomplishing it, as Mr Hackstoun of Rathillet, and others, who avowed their accession to the cutting of that Arch-Traitor Sharp, Prelat of St Andrewes; And others for not condemning that and the like Acts of Justice, thô they were as innocent of the facts as the Child unborn. The foregoing Historical Representation of the matters of fact, doth clear the Cir∣cumstances of the Actions: which, if ever any of that nature performed by private men without publick Authority, could be justified, will at least demur the condemning of them. For, the men, or rather monsters, thus remov∣ed, had not only been perjured Apostates from, and con∣jured 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 Commonweath, Malignant Incendiaries, and habitual Murderers of many of the Lords people, who for many notorious Crimes had forfeited their lives to Justice; But were insolently prosecut∣ing 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 vigo∣rously & vigilantly with all violence pursuing their Murder∣ing Mandats, both in their oun persons, and by villains whom they hounded out as Intelligencers to get & to give notice where any of those people might be detected, whom they vowed (and avowed a design) to destroy, when in the heat & hight of their rage they were cut off. The Actors were no wayes subject to them, nor any other way related than declared & Independent Enemies are to one another, having renounced all relation to them and their Masters as Magistrats or their superiours; and were in no terms of peace with them, but maintaning an hostile opposition, and carrying without cessation, armes to resist them; and when they got that advantage over them, that these Enemies

were seeking against them, they declared solemnly to them, and dyed 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 Murthering 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 oun could not consist. Their Circumstances were such, that they were redacted to the greatest of Extremities, precluding all other humane possibility of preserving themselves and their Brethren from the destruction intended, and declaredly resolved, and restlessly sought & prosecuted, by these Murderers: being persecuted to the death by them, daylie chased, hunted, way-laid, turned out of their oun habitations, intercommuned, discharged & denyed all harbour in any house, under the hazard of the same pains that themselves were lyable to, which was death by the present Law, and so forced to hide in Caves & Dens; out of which they durst not come forth, if it were but to seek bread for themselves, without eminent danger of their lives; the Country raising the hue & cry after them, whensoever they were seen, whereby many were killed as soon as they were apprehend∣ed: Hence they could neither escape in the Land, nor by flight out of the Land, all passages by sea & 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 specialities of miserie & danger were ingredients in their Circumstances, that no words can represent to them that are altogether strangers to them. Wherefore in such a strait & pinch of Perplexity, when they could not otherwise escape the fury of these firebrands, nor demur & deter the rest of them from an uncontrolled 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 Magistrats, who by Office are obliged to bring such villains to condign punishment, And none were found in publick Authority but such as patro∣nized & 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 mat∣ter, and were not circumstantiate as above rehearsed, being disouned in their publick Declarations, and the Actors excluded from their Communion for whom I plead; it were iniquous to impute the scandal of them to that Suf∣fering people. It is only the so Circumstantiate, necessi∣tated, extraordinary execution of Judgement, upon no∣toriously gross & grassant Incendiaries, Tyrants, and ter∣rible Murdering Enemies, when there is no living for them, that I vindicate. And thô the handling of this tender & quick-sented subject may seem odious to some, and my Discourse upon it as pregnant with an oblique design; to obivate such unmerited surmises, I must say, it is only the wiping off of such Reproaches as reflect on Religion, the vindication of preterite extraordinary practi∣ces of this nature, the investigation of present duty with respect to future Emergencies, and the restraining all Extravagancies incident in this Head, that I intend. However this may be exploded by this generation as odious & un-couth Doctrine, yet in former Periods of this Church it hath been maintained with Courage, & asserted with Confidence. How the Ancient Scots, even after they received the Christian faith, served their Tyrants and Oppressours, how in the begining of the Reformation the killing of the Cardinal, and of David Rizio, were and are generally to this day justifed, and what was the Judgement & pleading of our Reformers for practising this principle against Idolaters &c. needs not be here repeated: Mr Knox's Judgement in particular is before declared, and

will be further discovered, if we consider how he resented his slackness, in puting people to execute Judgement in these words, insert in Second Part of the Cloud of Witnesses Pag. 60.

For God (said he) had not only given me know∣ledge, and a tougne to make known the impiety of the Idol, but had given me Credit with many, who would have put in execution Gods Judgements, if I would only have consented thereto: but so careful was I of the com∣mon 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 & encourage them to put their hands to Gods Work; wherein I acknowledge my self 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 in the begining.

But the preceeding Historical Representation doth abundantly demonstrate this is no Noveltie, to assert, That when the ruine of the Countrie, suppression of Religion, destruction of the Remnant professing & suffering for it, and the Wrath of God is threatened in & for the impunity of Idolaters & Murderers, that by the Law of God & Man should die the death, and supposing alwayes such as are in publick Office not only decline their duty, but encourage those destroy∣ers, yea Authorize them themselves; we may not only maintain defensive Resistence according to our Capacity, but endeavour also vindictive & Punitive force in execu∣ting Judgment upon them in cases of necessity, as before Circumstantiate. And •• 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 endea∣vour to make it some what clear, I shall first 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 exe∣cuting Judgment, in our private Capacity, in extraordi∣nary Cases of necessity, by setting doun some propositions negative & positive: Signifying what we disoune, and what we oune in this point.

I. What we disoune, may appear in these Assertions.

1. No necessity not Circumstance supposible what∣soever, can justify the Murder of the Righteous or Innocent, or vindicate the unlawful taking away of their life 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 bro∣ther Abel; or Commanding them to be killed, as Saul com∣manded Doeg to kill the Lords Priests; or Contriving their Murder, as David did Uriahs, and Iezebel Naboths; or Counselling thereunto, as the people advised the Princes to the murder of Ieremiah, and all that cryed Crucifie Iesus were Murderers of Christ; Or by procuring it, as Haman was guilty of the intended murder of the Iewes; Or Con∣curring therein, as Ioab was guilty of Uriahs death as well as David, and Iudas of Christs by betraying him; Or by the Patrocinie thereof, defending & sparing the Murderers; when called by Office to punish them, as David was guilty in not punishing Ioab, Ahab in patronizing the Murder of Naboth; Or by Consenting thereunto, as Saul consented to the death of Stephen; or by knowing & permitting, & conniving at it, as is condemned Prov. 24. 11, 12. Whether this be done under colour of Law, as Pilate Murdered our Lord, Herod killed Iames; or without all colour, by Absolute power, as Herod the Ascalonite murdered the Infants; or whether it be done by purpose, as Ioab murdered Abner & 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 Tu∣mult without intending it before hand, yet that is Murder, Barabas committed Murder in the Insurection. For, as for Casual killing contrary to intention without knowledge, thats 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 prefering our oun 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 medle

with these Cases. But since this is taken for granted by Ca∣suists, 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 wo are guilty of mur∣dering the Righteous all these wayes above specified, and actually prosecuting their murdering designs by these me∣thods, 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. Thô a man kill an innocent unwittingly & unwilling∣ly, 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 axe, 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. 19. 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. 22. 8. But of this the question is not.

3. Thô a person be not altogether innocent, nor to be reckoned among the Rigtheous; but suppose him wicked & profane, and engaged in an evil Course, dishonourable to God, prejudicial to the Church & 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 & death: Its ne∣cessary to all to obey the Law, Thow shalt not kill, without exception, but such killing as is approven by the Author of the Law, as saith Ames••de Consciencia 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 forgerie of the father of lies, in their Informatory Vindication Head. 2. Pag. 54.

We positively disoune (say they) as horrid Murder, the killing of any because of a different perswasion 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 asserted it was Lawful to kill all imployed in the Kings 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 meerly 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 ac∣cording to the Law of God. But when they are stated in such opposition to us, and serve the Tyrants Murdering Mandats by all those wayes above specified; then we may by the Law of God and Nature and Nations destroy, slay, and cause to perish, and avenge our selves on them that would assault us and are seeking our destruction, as it was Lawful for the Iewes to do with Hamans Emissaries Esther. 8. 11, 13. & 9. 1, 2, 5. This Charge then cannot reach the Case.

4. Thô Murderers, and such as are guilty of death by the Law of God, must be punished by death, for he that sheddeth mans blood by man must his blood be shed: 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 Iames & Iohn would have commanded fire to come doun 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 mens lives but to save them Luk. 9. 54-56. Such impulses had need to be well examined, for ordinarly they will be found not con∣sistent with a Gospel Spirit, which is alwayes averse from

act of Cruelty. Blind zeal sometimes may incite men to fearful work: yea the persecuters have often most of that Spirit, as our Lord foretells, the time cometh that whosoever killeth yow shall think that ••e doth God service Iohn. 16. 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 Bours in Germany, and Iohn of Leyden and his followers, whose practices are deservedly detested by all that have any spark of Christianity or huma∣nity: for if this were espoused as a Principle, there would be no security for mens lives. But hence it cannot be con∣cluded, that God may not animate some to some rare En∣terprises, for the cutting off of Tyrants and their bloody Emissaries, Incendiaries, Destroyers of innocent people, and puting an end to and stoping the Career of their Mur∣ders, in a time of real extreame necessity, the matter of the action being unquestionably Lawful, their ends & inten∣tions really good & commendable, there being also a defi∣ciency of others to do the work, and themselves in some probable Capacity for it. See Ius Popul. Cap. 20. Pag. 410. Neither can it be denyed, but true zeal may some∣times incite people to such exploits, for the preservation of Religion & Liberty, their oun 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 securitie for their life, except such as hath really forefeited their lives by all Law of God & 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 Magistrats, executing Justice on Idola∣ters & Murderers, be altogether unimitable, because Tyrants abuse them in persecuting the innocent? If this arguing were good, it would make all vertuous Actions in the world unimitable; for these may be abused by pre∣tenders. See Ius 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 Enthusiasmes.

5. Thô a man be really so Criminal, as tha•• he deserves death by the Law of God & 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 Tryal: for no man must be killed indictâ or incognitâ causâ. Thus even Magistrats 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 throw∣ing doun the Altar of Baal, but illegally, because they would had him brought out that he might die without any further Tryal Iudg. 6. 29, 30. So likewise the Iewes that banded & bound themselves under a curse to kill Paul be∣fore he was tried, would have Murdered him, not only unjustly for his duty, but illegally before he was tried Act. 23. 12. But this doth not condemn the Actions of those Sufferers, in maintaining the necessary execution of Judge∣ment, upon persons who are Notorious Murderers, yea professing a trade and prosecuting habitually a tract of con∣tinued Murdering the people of the Lord.

6. Thô it should be certainly known, and sufficiently proven, that a man is a Murderer &c. Yet it were Murder for an inferiour, under a relation of subjection to him, to kill him, as long as that subjection were acknowledged: for whensoever the common & 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; thô the person killed deserve to die. As if a Subject should kill an acknowled King, a Son by Nature or in Law should kill his Natural or legal father, a Servant should kill his Ma∣ster, breaking these relations, while their right & tye 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, & scandal of the Church & State; That were properly Assassination: for Assassines are they,

who being subject to others, either out of their oun head for their oun ends, or by command of their Superiours, kill their Superiours, or such as they command them to kill, as Alstedius describes them Theolog. Cas. cap. 18. de homicid. reg. 55. Therefore David would not kill Saul, be∣cause he acknowledged him to be the Lords 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 in∣volved it in Combustions & Contentions about the suc∣cession, and prejudged his oun right, as well as to the scandal of the people of God, thô Saul deserved otherwise to be capitally punished. So Ishbosheth was killed by Baanah & Rehab 2 Sam. 4. 7. So Iozachar & Iehozabad who killed Ioash 2 King. 12. 21. were punished as Murderers chap. 14. 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 & Master 2 King. 21. 23, 24. though Amon deserved to have been punished as well as Amaziah was. Hence ge∣nerally it is observed by some, that thô right be given to equals or Superiours to bring their nearest relations to con∣dign punishment, when they turn entycers to Idolatry Deut. 13. 6. Yet no right or jus, upon any cause or occasion whatsoever, is given to inferiours, as Children &c. to punish their fathers. See Pool. Synop. Critie. in Locum. How∣ever it be, this cannot condemn the taking off of Noto∣rious Murderers, by the hand of such as were no way subject nor related to them, but as enemies, who in ex∣treame necessity executed righteous Judgement upon them, without prejudice of the true necessary & chief good of the Church & Commonwealth, or of any particular persons just right & security, as Napthali qualifies it Pag. 22. 23. Prior edit.

7. Thô 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 publickly; or suddenly

& precipitantly, when it may be done deliberately, with∣out 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 & suddenly in the Cave, or when he was sleeping, So Ishbosheth and Io••sh and Amoa were murdered; Or if it be done subtilly, when it may be performed in more plain & fair dealing; or teacherously, 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 Ioab shed the blood of war in peace 1 King. 2. 5. in killing Abner & Amasa so crafti∣ly & cruelly; and Absalom made his servants Assassinate Amnon 2 Sam 13. 28, 29. But this cannot be charged upon them, who executed righteous Judgement, as pu∣blickly, deliberately, and calmely, 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. Thô 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 per∣sonal injuries, it is Murder. For the affection & intention doth make one and the same action of taking away the life, homicide or no homicide, as Lex Rex saith Quest. 31. Pag. 338. If a man out of hatred deliberately take away another mans life, he is a Murtherer eatenus; but if that same man had taken away the others life, by the flying off of his axe head, he neither hating him before nor intending to hurt him, he is no Murtherer by Gods express Law, allowing Cities of refuge for the one, and not for the other Deut. 4. 42. Deut. 19. 4. &c. private revenge is indignity to God, whose it is to take vengeance Deut. 32. 35. Rom. 12. 19. Dearly beloved avenge not your selves, for vengeance is the Lords. For which cause Iacob curses Simeon & Levi their Murder of the Schechemites, for in their anger they slew a man Gen. 49. 6, 7. So David would not put forth his hand against Saul, for his oun private & personal quarrel. So Ioab kil∣led Abner, and Absalom Amnon. But this doth not make the execution or Judgement, 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 publick Enemies Incendiaries, that are trampling upon all these precious Interests, and threaten∣ing the utter ruine of them, and in a particular manner their destruction who thus prevent them.

9. Thô the motive or cause were upon a publick ac∣count, 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 Judgement, as the end to which all their Action is directed, or to make their oun 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 rightfull successor: And deservedly he punished the Amalekite, that brought newes of his killing Saul; and Baanah & Rechab, for their killing Ishbosheth, thinking thereby to advance themselves at Davids Court. So also Ioab murdered Amasa to secure himself in the Generals place. And Iehu, though upon the matter he executed righteous Judgement, his end was only himself, it is condemned as murder. But when the execution of righteous Judgement is both formally intend∣ed by the Actors, and natively & really doth conduce to the Glory of God, the preservation of the Remnant threa∣tened 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 Naph. Pag. 23. Prior edit.

10. Thô 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 Magistrats sword: for he by Office is a Revenger, to execute wrath upon him that doth evil Rom. 13. 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 & threatened for this Math. 26. 52. all they that take the sword shall perish with the sword. The God of Order hath assigned to every man his station & 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. 7. 20. and study to be quiet and do his oun business 1 Thess. 4. 11. Therefore David would not kill Saul, be∣cause he would have done it beside his calling. And there∣fore the killing of Ioash and Amon was murder, because the Assassines did transgress their vocation. But when Notorious Incendiaries do not only transgress their voca∣tion, but the Limits of humane societie, and turn open enemies to God & man, destroying the innocent, making havock of the Lords heritage, and vaunting of their villa∣nies and boasting of their wickedness, and thereby bring∣ing 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 p••ace are airt & part with them, patrons & defenders of them, yea no Ma∣gistrate that can be acknowledged as a Minister of God to be applied unto; in that case, it is no a transgression of our vocation, nor an Usurpation upon the Magistrats, where there is none, to endeavour to avert wrath, by executing righteous Judgement. Otherwise if for fear, or suspicion of the accidental hazard of private mens Usurping the Of∣fice or doing of the duty of Publick persons, every vertuous Action which may be abused shall be utterly neglected, Impiety shall quickly gain Universal Empire, to the ex∣termination of all goodness Naph. Pag. 24. Prior edit. To clear this, it must be considered, that a mans calling is two fold; 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 cal∣lings are institute, in the clear exigence of an extraordinary emergent, according to the general rules of righteousness, bind to an aggreeable practice: Therefore circumstances may sometimes so diversitie Actions, that what in the or∣dinary & undisturbed state of things would be accounted an excess of our particular calling, & an Usurpation, in an extraordinary occurrence may become a necessary duty of our general calling.

11. Thô 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 tute••â vitae proximâ, or though it be remotâ when the hazard is unavoidable. Every thing must have Gods Call in its season to make it duty, so also the time of killing Eccles. 3. 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 of the lap of his garment, but it was unlawful for him to kill the Lords anointed, as it is unlawful to kill a man because he is the image of God Gen. 9. 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 humane prudence for self preser∣vation; 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 there∣fore he could not in conscience put hands on the Lords Anointed, but if Saul had actually invaded David for his life, David might in that case make use of Goliahs sword (for he took not that weapon as a Cypher to boast Saul) and rather kill then 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 exe∣cutions of Judgement, as Samuel & Elijah had to kill Agag and Baals 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 Providen∣tial & Morall Call of extream necessity, for preservation of our lives, and preventing the murder of our Brethren, may warrant an extraordinary executing of righteous Judgement upon the Murderers. Men may have a Call to a necessary duty, neither every way mediate nor imme∣diate, as the Call of runing together to quench a fire in a City, when Magistrats through wickedness or negligence will not or do not call people forth unto that work; they have not mans call, nor an immediate call from Heaven, yet they have a Lawful Call from God: So they do not in∣trud

upon the Magistrats Office, nor want they a call to this execution of Judgement, who do materially that work for that exigent which Magistrats by Office were bound to do, being called thereto by God, by Nature, and the call of inevitable Necessity, which knoweth no h••mane Law, and to which some Divine positive Laws will cede. Ius po∣puli cap. 20. pag. 423.

12. Thô this be a principle of reason & natural Justice, when all the forementioned circumstances are clear, that it is Lawful for private persons to execute righteous Judge∣ment, upon notorious Incendiaries and Murdering pu∣blick Enemies, in cases of necessity: yet it might be a sin∣ful 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 Tyrannie & violence, displayed against God & His people, to the ruine 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 Murder∣ers Act. 21. 38. As for the vulgar & 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 encrease, the destruction of the people of God; and were unlawful to prevent & an∣ticipate the due & Legal execution of Justice, where there is any prospect or expectation of its runing in its right chan∣nel. But for the chief & principal Ring-leaders, and com∣mon publick & habitual Incendiaries, and Masters of the ••rade of Murdering the Lords people, when there is no other way of being rid of their rage, and preserving our selves and preventing the destruction of our Brethren, we may in that case of necessity make publick 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 Heroick Actions record∣ed

and justified in the Word of God, in the like extraordi∣nary cases; which are imitable, when the matter of their Actions is ordinary, that is, neither preternatural nor Su∣pernatural thô the occasion was singular, just and necessa∣ry, both by Divine precept, and as a mean to good & ne∣cessary ends, and when there is no other to do the work, nor any prospect of access to Justice in its ordinary & or∣derly course, nor possibility of suspending it till that can be obtained. We need not then any other call than a Spi∣rit of holy zeal for God, and for our oun & our Brethrens preservation, in that pinch of extremity. We do not hold these extraordinary Actions for regular & ordinary Prece∣dents, for all times & persons universally: which if people should fancy, and heed more the glory & fame of the Ac∣tion, than the sound & solid Rule of the Scriptures, they may be tempted & carried to fearful extravagances. But they may be Warrants, for private persons in their doing of these things, in an extreame necessity, to which at other times they are not called. And when the Lord, with Whom is the residue of the Spirit, doth breath upon His people moe or fewer, to the exciting of more than ordi∣nary zeal, for the execution of Justice upon such Adver∣saries, we should rather ascribe Glory & Praise to Him, Whose hand is not shortened, but many times chooseth the weak & foolish things of the world to confound the mighty & 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 mur∣der, I have collected; to the end I may conclude this one Argument, and leave it to be considered: If this extraor∣dinary executing of Judgement, upon Notorious Incen∣diaries and Murdering publick 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 execut∣ing of Judgement &c. cannot be reduced to any case that can infer the guilt of murder (as will appear by the induction of all of them) Ergo this extraordinary executing of Judge∣ment &c. cannot be condemned but justified.

II. In the Next place, What we oune may be done warrantably in taking away the life of men without breach of the Sixth Command, will appear by these propositions & Assertions, which will bring the matter to the present Circumstantiate Case.

1. It is certain, thô the Command be indefinitely ex∣pressed, it doth not prohibite all killing, but only that which is condemned in other explicatorie Commands. Our Lord Jesus repeating this Command, explains it by expressing it thus, Math. 19. 18.—Thow 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 & contrary his intention and without any previous neglect or oversight in him, proveth the hurt & 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 invincibly unavoidable (except we suffer our selves 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 (meer Tyranny) but to be taken from the horns of such altars, and be put to death, as Mr Mitchel sayes in vindicating his oun Action, in a Letter dated Feb. 1674.

2. It is Lawful to take the life of known & convicted Murderers by publick Justice: Yea it is indispensably ne∣cessary 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 Mur∣derer—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. 35.

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 & Protector of such Murde∣rers, and imployes them as his Emissaries to murder & 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 Con∣ference with Queen Mary, sayes

They that in the fear of God execute Judgement where God hath commanded, offend not God thô Kings do it not: and adduces the examples of Samuel killing Agag, Elias killing the Prophets of Baal, and of Phineas killing Zimri & Cozbi.

3. It is Lawful for private persons to kill, in Moderamine inculpatae tutulae, their unjust Assaulters, in defending themselves against their violence, and that both in Tutela vitae proxima, in the immediate defence of our life against an immediate assault, in the instant of the assault, and also in tutela remotâ in a remote defence of our selves, when that is as necessary as the first, and there is no other way of escaping the destruction intented by Murtherers, either by flight or resistence; then it is Lawful to preserve our selves by taking advantages to cut them off.

4. It is Lawful in a just war to kill the enemie; yea in the defensive war of private subjects, or a part of the Com∣monwealth, 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 peoples power in Reformation, and those taken from the hazard of partaking of others sin & Judg∣ment. For if all the Magistrats, Supreme & subordinate, turn principal patrons and patterns of all abominations, and persecuters and destroyes of the people for not com∣plying with them, then the people are not only under an obligation to resist them; but seeing otherwise they would by lyable to their sin, in suffering them thus to trample on Religion and the Interests of God as well as their oun, 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 being hanged up before the Lord against the sun, the fierce anger of the Lord may be turned away from the Land Numb. 25. 4. In this case, as Buchannan sayes of a Tyrant, de jure regni,

A Lawful war being once undertaken with such an enemy as a Ty∣rant is, every one out of the whole multitude of man∣kind may assault with all the calamities of war a Tyrant, who is a publick Enemy, with whom all good men have a perpetual warfare.

And thô the war ••e not alwayes 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 & taking off (not every single souldier of the Contrary side, for that would contribute nothing to their prevailing in the end) but the principal Instruments & promoters of the war, by whose fall the offending side would suffer great loss, and the defending would be great Gainers. So Iael killing Sisera Iabins 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 fore-cited letter

I being (sayes he) a Souldier, not having laid doun my armes, but still upon my oun defence, having no other end nor quarrel at any man—besides the prose∣cution of the ends of the Covenant, Particularly the overthrow of Prelats & Prelacy; And I being a de∣clared enemy to him (that is Sharp) on that account, and he to me in like manner, I never found my self obliged—to set a sentinel at his door for his safety, but as he was alwayes 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 & fa∣vour, thought it my duty to pursue him at all occasions.

5. It is Lawful to kill enemies in the rescue of our Bre∣thren, when they are keeping them in bondage, and re∣serving 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. 24. 11, 12. and the practice of Moses, who seeing one of his Brethren suf∣fering wrong, he defended him, and avenged him that was oppressed, and slew the Egyptian Act. 7. 24. For that is a certain Truth, which Grotius saith in locum, jus naturae dat innocenti & innocentem tutanti jus in nocentem. Hence it can∣not but be Lawful also, in a case of necessity, when both our selves and our Brethren are pursued incessantly by de∣stroying Murderers, to avenge our selves 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 our selves 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 ac∣complished it before. This followeth upon the other: And upon this account it had been duty for Gedaliab to have suffered I••banan to slay Ishmael, and so prevent the Gover∣nours murder, if it had been certainly known that Ishmael was sent by the King of Ammon to assassinate him Ier. 40. 14, 15. for nothing is there objected against the Lawful∣ness of the thing, but only it was alledged that he spoke falsly. Alstedius asserts this Theol. Cas. de h••micidio reg. 6. pag. 331. Licitum est praevenire eum qui vult invadere, & prae∣veniendo occidere antequam invadat, si necessarium est praevenire, quia aliter vita propria defendi non potest nisi preveniendo. It is Lawful to prevent him that would assault us, and by pre∣venting 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, lici∣tum est occidere insidiantem, It is Lawful to kill him that lyeth in wait to murder, ibid. This is all the length that the re∣proached Sufferers, whom I am vindicating, go in assert∣ing this principle, as may be seen in their Informatory Vindi∣cation Head 2. pag. 55. where they say,

We maintain it as both righteous & rational, in defence of our lives, Li∣berties,

& Religion, after an orderly & Christian man∣ner, to endeavour by all means Lawful & possible, to defend our selves, rescue our Brethren, and prevent their murder, in a martial opposition against wicked Per∣secuters, who are seeking to destroy them & us, and im∣brue their hands in our blood, according to the true im∣port of the Apologetical Declaration.

Which is very ratio∣nal. 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 allowes to be spared being publick Enemies to God and good men, Open Blasphemers, avowed Ido∣laters, affronted Adulterers, Notorious Murderers, ha∣bitual Tyrants, suppressing Religion, oppressing the In∣nocent, and professing a trade of destroying the Lords people. Surely if God hath expressly in His Laws provid∣ed, that Blasphemers, Idolaters, Murderers &c. should not be suffered to live, He never intended men dayly guilty, yea making profession of these Crimes, should be allowed impunity, either by virtue of their Office, or be∣cause there is none in Office to execute Judgement upon them; but in a case of extreame necessity these Laws will not only allow but oblige people, dayly Murthered by them, for their oun preservation, for vindication of Re∣ligion, for purging the Land of such wickedness, for turn∣ing away the wrath of God, to prevent their prosecuting their Murdering designs any further, and put a stop to their persecution by puting an end to their wicked lives. Seeing, as

Buchannan sayes de jure Regni, It is expressly commanded to cut off wickedness & wicked men, without any ex∣ception 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 justifyable in Scripture, and none of the Sufferers upon this Head whom I am vindicating, have exceeded in prin∣ciple 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 Non-Conformist

well observes, in answer to Dial. 7. pag. 391. Seeing the consideration resulting from the Concurrence of all cir∣cumstances, whereupon the right dignoscing of such deeds when actually existent doth mostly depend, doth more contribute to the clearing & passing a judgement on a case of this nature, when the whole contexture is exposed to certain examination, than to set doun general rules direc∣tive of such practices (which yet will all justify this in ques∣tion) Therefore to clear the case further, all may be re∣solved 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 them∣selves from their violence in case of extreame Necessity, put forth their hand to execute righteous Judgement upon the Chief & principal Ringleaders, Instruments, & Promoters of all these destructive Mischiefs & Miseries, Who are open & avowed Enemies to God, Apostates, Blasphemers, Idolaters, Tyrants, Traitors, Notorious Incendiaries, Atrocious Murderers, and known and convict to be publick Enemies, prosecuting their Mur∣dering Designs notourly & habitually, and therefore guilty of death by all Laws of God & man; And in such an extraordinary case, put them to death who have de jure forefeited their lives to Justice, when there is no ac∣cess to publick Justice, nor prospect of obtaining it in an orderly way, nor any probability of escaping their in∣tended destruction, either by flight or resistence, 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 resistence against them; And in this extraordinary execution of Justice, being not chargable with ignorance of matters of fact so manifest, nor mistake of circumstances so palpable, nor with malice rage or revenge against their persons for private & particular injuries

, nor with Enthusiastick Impulses pre∣tended as their Rule, nor with deceit or Treacherie 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 performe this Work of Judgement, when there is none other to do it, out of zeal for the Glory of God, Care of the Countries good, love to their Brethren, sense of their oun Danger, & Respect to Jus∣tice; to the end, that by the removal of these wicked De∣stroyers, their war against the prevailing faction of their Ma∣lignant Enemies may be more successfully maintained, their Religion, Lives, Laws, & Liberties more securely defended, their Brethren rescued, their Murder prevented, Impietie 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 from some grounds & Hypotheses of Reason: Then more expressly from Scripture proofs.

I. 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 Go∣vernment, and who have had the most polite & purest Po∣licy, and have been the severest Animadverters upon all Extravagants & Transgressers of their vocation: Yet even among them, for private persons to destroy and rid the Common-wealth of such burdens, and vile vermine so pernicious to it, was thought a virtue meriting rather Com∣mendation, than a thing to be Condemned. I shall not here instance the laudable practices recorded in Scripture: These may be seen in their oun place. Neither do I speak of ruder Nations, among whom this is a rel••ct of reason, not of ruderness: as the Oriental Indians have a Custome, 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 potion there) and go through destroying whom they can find in their way: Then every man Armes 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 ra∣tional, to take the same Course with our mad Malignant mucks, who are drunk with hellish fury, and are runing in a rage to destroy the people of God whom they can meet with. But all the Nations where the best Policy was esta∣blished, have been of this mind. In Greece publick rewards were enacted to be given, and honours appointed by several Cities, to those that should kill Tyrants, from the migh∣tiest 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 & de∣structive to the Common-wealth: which, thô it seem not justifyable, because of the breach of relation of natural sub∣jection, yet it shewes what sentiments the most politick Nations have had of this practice. As also among the Ro∣mans, Cassius is commended for killing his son, and Fulvius for killing his oun son going to Catiline, and Brutus for kil∣ling his kinsmen having understood they had conspired to introduce Tyranny again. Servilius Ahalas is commended for killing even in the Court Sp. Melius, turning his back and refusing to compear in judgement, and for this was never judged guilty of bloodshed, but thought nobilitate by the slaughter of a Tyrant, and all posterity did affirme the same. Cicero, speaking of the slaughter of Cesar, stiles it a famous & divine fact, & positum ad imitandum. 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 vil∣lanies, and redeem the world from the infection of his example, and the evils which it groaned under by reason of his crimes. On the contrary, Domitius Corbulo is reprehended by all, for neglecting the safety of mankind, in not puting 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 Ty∣ridates the Persian King, being not at all afrayed lest it should afterward befall an example unto himself. When the Mi∣nisters of Cajus Caligula, a most cruel Tyrant, were with the like crueltie tumultuating for the slaughter of their Master, requiring them that killed him to be punished, Va∣lerius

Asiaticus the Senator cried out aloud, I wish I had killed him, and thereby both composed their clamour & stopt their rage.

For there is so great force in an honest deed (saith Buchannan de jure Regni, relating this passage) that the very lightest shew thereof, being presented to the minds of men, the most furious assaults are allyed, and fury will languish, and madness it self mu••t acknow∣ledge the soveraignity of reason.

The Senate of Rome did often approve the fact, thô done without their order often∣times by private hands: As upon the slaughter of Commo∣dus, in stead of revenging it, they decreed that his Carcass should be exposed and torn in pieces. Sometimes they or∣dered before hand to have it done; As when they con∣demned Didimus Iulianus, 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 & in∣nocent people; As that sentence of the Senate against the two Maximim doth witness, qui cos occiderit proe••ium merebi∣tur. Buchannan ubi supra, rehearsing many instances of this nature, gives reasons of their approvableness. And these I find here and there scattered, in his book de jure Regni. 1. They that make a prey of the Common-wealth, are not joined to us by any civil bond or tye 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 hu∣mane societie, but transgressors of the limits thereof; Which who so will not enter into, and contain himself within, should be taken & treated as wolve••, or other kinds of noysome beasts, which whosoever spares he pre∣serves them to his oun destruction, and of others, and who∣soever 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 humani∣ty, should degenerate into such Crueltie, 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 Satyres, Apes, or Bears. 3. It is expressly Commanded to cut off, wicked∣ness

& wicked men, without any exception of rank or degree: And if Kings would abandon the Counsells of wicked men, and measure their greatness rather by duties of virtue, than by the impunity of evil deeds; they would not be grived for the punishment of Tyrants, nor think that Royal Majestie 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 adjudg∣es them to punishment? All Laws were desired as necessa∣ry 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 doe it, in such circumstances. 5. A Lawful war being once undertaken with an enemy for a just cause, it is Law∣ful not only for the whole people to kill that enemy, But for every one of them: every one therefore may kill a Ty∣rant, who is a publick enemy, with whom all good men have a perpetual war-fare. Meaning, if he be habitually Tyrannical, and destructive to the people, so that there is no living for good people for him: Otherwise, thô a man by force or fraud acquire Soveraignity, no such vio∣lence is to be done to him, providing he use a moderate way in his Government, such as Vespasian among the Ro∣mans; Hiero in Syracuse. 6. Treason cannot be committed against one who destroyes all Laws and Liberties of the people, and is a pernicious plague to the Common-wealth.

2. Such is the force of this Truth in the case circumstan∣tiate; that it extorts the acknowledgment of the Greatest Authors, Ancient & Modern, Domestick & Forreign, and even of all rational Royalists, (as Mr Mitchel sayes in his Post-script to the forecited letter) that

it is Lawful for any private person to kill a Tyrant sine titulo and to kill Tories or open Murderers as devouring beasts, because the good of his Action doth not only redound to the per∣son himself, but to the whole Common-wealth, and the person acting incurs the danger himself alone.

Tertul∣ltan, though a man loyal to excess, sayes, Every man is a souldier enrolled to bear Armes against all Traitors & publick Ene∣mies. The Ancient Ecclesiastical Historian, Sozomene,

relating the death of Iulian, and intimating that he was supposed to have been slain by a Christian souldier, addes, Let none be so rash as to condemn the person that did it, considering he was ••us couragious in behalf of God & Religion. Sozom. Hist. Lib. 6. cap. 2. Barcla••us, a great Royalist, saith, Tyrannos ut hostes publ••s, non solum ab universo populo, sed a singulis etiam, impeti caedique jure optimo posse, tota Antiquitas ceasuit. That Tyrants as publick Enemies may be attacqued, and Law∣fully slain, not only by all the people but every one of them, all Antiquity judged. Grotiue de jure be••i Lib. 1. cap. 4. saith, 〈◊〉〈◊〉 & cui juris gentium requisita non adsint, imperium arripuerit, ••••que pactio u••a sequuta sit, aut fides illi data, sed sola vi re••••••tur possessio, videtur manere bellis jus; ac proinde 〈◊〉〈◊〉 eum 〈◊〉〈◊〉 quod in hostem licet, qui a quolibet, etiam pri••ato jure, po••est interfici. Yea King Iames the 6. in his R••m••••strancs for the right of Kings, sayes, The publick Laws makes it Lawful and free for any private person to enterprize against an Usurper. Divines say the same. Chamier Tom. 2. Lib. 15. cap. 12. Sect. 19. Cives omnes jus habent insurgendi contra Tyrannos. Aisted. Theolog. Gas. cap. 17. reg. 9. pag. 321. Ty∣rannum absque Titulo, qui est invasor, quilibet pr. vatus potest & debet •• medio tollere, quia patriam hostiliter invadit. And cap. 18. reg. 14. pag. 332. Licitum est privato cuivis occidere Tyran∣num, qui injuste invadit Dominium. But Dr Ames. de Con∣s••tentia Lib. 5. cap. 31. de homicidio quest. 4. asserts all that is here pleaded for in terminis Quest. 4. An aliquando licet occi∣dere hominem Authoritate privata? Resp. Aliquando licet occidere nulla publica Cognitione precedente, sed tum solum, quando causa evidenter postulat ut hoc siat, & Authoritas publica non potest im∣plorari: In isthoc enim casu, privatus publice Minister con∣stituitur, tam n••••tu Dei, quam omnium hominum consensu. He propones the question: If sometimes it be Lawful to kill a man by private Authority? He answers,

It is some∣times Lawful to kill another without publick Cognition, proceeding, but then only when the cause doth evidently require it that it be done, and publick Authority cannot be implored; for in that case any private man is consti∣tute in stead of a publick Minister of Justice, both by Gods allowance, and by the consent of all men.

These pro∣positions carry such evidence in them, that the Authors

thought it superfluous to confirme them, and sufficient to affirme 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 it self is thereby strengthened. For it will follow natively, if Ty∣rants and Tyrants sine titulo, be to be thus dealt with; then the Monsters of whom the question is, those Notorious Incendiaries and Murdering publick Enemies, are also to be so served: For either these Authors assert the Lawfulness of so treating Tyrants sine titulo, 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 Common-wealth by their Usurped Authority, then the subordinate firebrands that are tho immediate instruments of that destruction, the inferior emissaries that act it and actually accomplish it in Murder∣ing innocent people, may be so treated; for their persons are not more sacred than the other, nor more impunible: If the second be said, it is Lawful to kill them because they want a title; Then it is either because they want a pretend∣ed title, or because they want a real & Lawful one: The Latter is as good as none, and it is proved Head. 2. Arg. 7. that no Tyrants can have any: The former can not be said, for all Tyrants will pretend some, at least before they be killed.

3. But thô some of these Great Authors neither give their reasons for what they assert, nor do they extend it to all Tyrants that Tyrannise by virtue of their pretended Authority, yet it will not be difficult to prove, that all great & small that murder, destroy, and Tyrannise over poor people, are to be punished, though they pretend Authority for what they do. And hence, If all Tyrants, Murderers, & Destroyers of mankind ought to be punish∣ed; then when it cannot be done by publick Authority, it may be done by private: But all Tyrants, Murderers, & Destroyers of mankind, ought to be punished: Ergo— The Minor is manifest from the General Commands of shedding the blood of every man that sheds•• it Gen. 9. 6. of

puting to death whosoever killeth any person Numb. 35. 30, 31. of respecting no mans person in Iudgement Deut. 1. 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 consider∣ed as great, but as Murderers; just as the meanest are not 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 through out that Head, proving that Ty∣rants can have no Authority. And, if they have no Autho∣rity, then Authority (which they have not) cannot exempt them from punishment. The Connexion of the Major Pro∣position may be thus urged: When this Judgement cannot be executed by publick Authority, either it must be done by private Authority in case of extreame necessity, or not at all: for there is no Medium but either to do it by publick Authority, or private: If not at all, Then the Land must remain still defiled with blood, and cannot be cleansed Numb. 35. 33. Then the fierce anger of the Lord cannot be averted Numb. 25. 4. for without this executing of Judge∣ment, He will not turn it away Ier. 5. 1. Then must Mur∣derers be encouraged by their impunity to make havock of all according to their Lust, besides that poor Handful who cannot eschape being their prey, as their Case is cir∣cumstantiate. Besides, this is point blank contrary to these General Commands, which say peremptorely, The Mur∣derer shall be put to death, but this supposed Case when pu∣blick Authority will not or cannot put them to death, sayes, 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 publick Authority to execute Judgement. To this I reply. 1. I

trust to make the Contrary appear from Scripture and by. 2. If the Law obliges none but those in publick Au∣thority to execute Judgement, then when there is no Judgement execute, it must be the sin of non but those in publick Authority: And if it be only their sin, now comes others to be threatened & punished for this, that Judge∣ment 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 peoples 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 Judgement is not executed, be∣cause it is the sin of none: it can not be sin, except it be the sin of some. 4. What if those in publick Authority be the Murderers? who shall put them do death? By what Au∣thority shall Judgement be execute upon them? Whither publick or private? publick it cannot be: for there is no formal publick Authority above the Supreame, who are supposed the party to be punished: If it be by the radical Authority of the people, which is the thing we plead for, then it is but private, as that of one party against another: The people are the party grieved, and so cannot be Judges: At best then this will be extrajudicial executing of Judge∣ment. 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 puting 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 publick Authority, nor the concurrence of the whole body.

4. Let these Murderers & Incendiaries be considered, either as a part of the Community with them whom they murder & 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 destroyes 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 destroyes 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, espe∣cially 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 Phisicians duty: but what if he will not? or can not? or there be no Phisician? then any that can may & 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 & destructive Member, than suffer himself & others to be unavoidably destroyed by his being spared. If they be not within, or belonging to that Societie, then they may be dealt with & carried to∣wards as publick Enemies & 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 publick & notour Murderers still preying upon some sort of men. Certainly then private persons (as all are in that case) might kill them to prevent further de∣struction. Hence if this was Lawful before Government was established, it cannot be unlawful when people can∣not have the benefit of the Government; when the Go∣vernment that is, instead of giving redress to the grieved & oppressed, does allow & 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 be∣fore 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. 4. 14. If he had

reason to fear this, as certainly he had, if the Lord had not removed that by proroguing the execution of vengeance upon him, for his greater punishment and the worlds more Lasting instruction, and by seting a mark upon him, and inhibiting under a severe threatening any to touch him; Then either every man that should have killed him was the Magistrate (which were ridiculous) or every man was every & any private person universally, which might have killed him if this inhibition had not past upon it. Anisworth upon the place sayes, that among the ancient Romans every one might kill without a challenge, any man that was Cursed for some publick Crime, and cites Dyonis. Ha∣licarnas. L. 2. And so Cain spoke this from a dictate of Na∣ture and a guilty Conscience.

6. At the Erection of Government, thô the people resign the formal power of life & death and punishing Cri∣minals over to the Governour, Constitute by them; yet as they retain the radical power & right virtually, So when either the Magistrats neglects their duty of vindicating the innocent and punishing their destroyers, or impowers Murderers to prey upon them; In that case they may re∣sume the exercise of it to destroy their destroyers, when there is no other way of preventing or escaping their de∣structions: because extremis morbis extrema remedia. In an ex∣traordinary exigent, when Ahab & Iezebel did undo the Church of God, Elias with the peoples help killed all Baals Priests against and without the Kings will, in this case its evident the people resumed their power, as Lex Rex saith Quest. 9, Pag. 63. There must be a Court of Ne∣cessity, no less than a Court of Justice, when it is in this extremity as if they had no Ruler, as that same Learn∣ed Author sayeth 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 primeve Liberty, they may then re∣sume all that power they had before the resignation, and

exert it in extraordinary exigents of necessity. If then a people that have no Magistrats 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 R••h••boams Collector, had just cause to take order with that Usurpers Emissarie, 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 Historie 1 King. 12. 18. But so it is that the people pursued by these Murderers, some of which in their extreame exigences they put to death; have for these several years maintained a declared Revolt from the present Government, and have denyed all subjection to it upon the grounds vindicated Head. 2. And therefore they must be considered as reduced to their primeve Liberty, and their pursuers as their publick 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 publick Ene∣mies, unjustly invading, pursuing, and seeking them to destroy them; what Arguments will prove the Lawfulness of Resistance, and the necessity of self Defence, in tutelâ vitae proximà, will also prove the Lawfulness of taking all advantages upon them, in tutelâ remotà▪ for if it be Lawful to kill an enemy in his immediat assault, to prevent his killing of them when there is no other way of preserv∣ing 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 the••e is no other way to escape in a case of extreame 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 followes upon the 4 Art. of the Solemn League & 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 publick trial & receive condign punishment. Now as this obliges to the orderly & ordinary way of pro∣secuting

them, when there is access to publick Judicato∣ries: 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 & execution of Judgement, if to any at all. Especially considering, how in the sense of the short comings of this duty, it is renewed in the Solemn Acknowledgment of sins & 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 & Callings, for punishing & suppressing these evils—Certainly we were called to one way of prosecut∣ing this obligation then, when it was first engaged into, and to another now, when our Capacity & Circumstances are so materially & formally altered: if the effectual Course then, was by publick Authority; then now when that is wanting, there must be some obligation to take some effectual Course still, that may suit our Places & Callings, which will certainly comprehend this extraordinary way of suppressing those-evils, by preventing their growth in curbing the Instruments & executing Judgement upon them, in a case of extreame Necessity, which will suit with all Places & all Callings.

II. From the Scriptures, these Arguments are offered. First, Some approven Examples, and imitable in the like Circumstances, will clear & confirm the Lawfulness of this extraordinary Work of Judgement executed by private persons, upon notorious Incendiaries, firebrands, & Murderers, guilty of death by the Law of God.

1. Moses spyed 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. 2. 11, 12. Here's an uncondemned Example: whereof the Actor who was the Relator did not condemn himself, thô he condems himself for faults that seem less odious; yea in effect he is rather commended by Stephen the Martyr Act. 7. And thô 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 un∣imitable; Because that Action, thô Heroical, whereof

the ground was ordinary, the Rule Moral, the Circum∣stances commonly incident, the managment directed by humane prudence, cannot be unimitable: But such was this Action, thô 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 of rescuing our Brother in hazard Prov. 24. 11, 12. The Circumstances were incident in a case of extreame necessity, which he managed very pru∣dently, looking this way & 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 aftermentioned, was nothing but a greater measure of that assisting Grace, which the extra∣ordinariness of the case and the difficulties therein occur∣ring did call for; but the intervening 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 ordi∣nary or extraordinary exigence; but when they are subse∣quent & subservient both to the Rule of duty▪ and to a mans call in his present circumstances, they clearly determine to the species of an Heroick Enterprise; in so much that it is not only the particular deed that we are to heed for our imi∣tation, but we are to emulate the Grace & 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-con∣formist Dial. 7. Pag. 392. &c.

2. When Israel Joyned 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 joyned unto Baal-Peor. And when Zimri brought the Medianitish Cozbi, in the sight of Moses, and in the sight of all the Congregat••on, who were weeping before the door of the Tabernacle; And when Phinehas. saw it, he rose up—and took a javelin in his hand, and he went after the man of Israel, into the Tent,

and thrust both of them through—So the Plague was stayed—And the Lord spake unto Moses, saying, Phinehas hath turned my wrath away 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. 25. 3—13. This Action is here much commended, and recorded to his commendation Psal. 106. 30, 31. Then stood up Phinehas & executed Iudgement and so the Plague was stayed and that was counted unto him for righteousness unto all generations that is—in justitiam facti coram hominibus, qui alios potuissent hoc factum pessime interpretari, tanquam temerarium, intempesti••um, a privato contra Magistratum patratum, crudele nimis ab negatum poenitentiae spatium, Deus tamen aestimavit tanquam insigniter justum. Pool 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 com∣manded to slay every one his men vers 5. Otherwise, if this had been only an ordinary execution of Judgement by the Authority of Moses, Phinehas his Action would not have been so much taken 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 Magistrats command: yet thô 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 Judgement: It is notwithstanding imitable in the like Circumstances. For, the matter is ordinary, being neither preternatural nor su∣pernatural, but just & necessary. The end was ordinary, to turn away the wrath of God, which all were obliged to endeavour. The principle was ordinary, (thô 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 vers. 5. only this was extraordinary, that the zeal of God called him to this Heroical Action, thô he was not a magistrate, in this extraordinary exigent, to avert the wrath of God; which was neither by Moses his command, no•• by the Judges their obedience, turned away, onely by Phine∣has's

act of another nature, and his zeal appearing therein & prompting him thereto, the Lord was appease•• & the plague stayed. In which fervour of zeal, transporting him to the omission off the ordinary solemnities of Judgement, the Spi∣rit of the Lord places the righteousness & praise of the Ac∣tion. Yet the same Call & Motion of zeal might have im∣powered others to do the like: the Text speaks of no other Call he had, but that of zeal vers. 11, 12, 13. ye•• another was obliged to do the same, upon the ground of that Moral Command Deut. 13. 6—9. having the ground of Gods ordinary Judgement, which commandeth the Idolater to die the death, and therefore to be imitate of all that prefer the true honour & Glory of God to the affection of flesh & wicked Princes, as Mr Knox affirmeth in his conference with Lithingtoun, rehearsed before Per. 3. Further, let it be inquired, what makes it unimitable? Certainly it was not so, because he had the motion & direction of Gods Spirit; for men have that to all duties. It was not, be∣cause he was raised & stired up of God to do it, for God may raise up Spirits to imitable actions. It was not, be∣cause he had an extraordinary Call, for men have an ex∣traordinary Call to imitable actions, as the Apostles had to Preach. We grant these Actions are extraordinary & un∣imitable; which, first, do deviate from the rule of com; mon virtue, and transcend all rules of common reason & Divine Word; but this was not such, but an heroick Act of zeal & fortitude: Next these Actions, which are con∣trary to a Moral ordinary Command are unimitable, as the Israelites robbing the Egyptians, borrowing & not pay∣ing again, Abrahams 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 this is not such: As also Miraculous Actions, and such as are done by the extraordinary inspiration of the Spirit of God, as Elias his killing the Captains with their fifties by fire from Heaven; but none can reckon this among these. See Ius populi at length discussing this point, and pleading for the imitableness of this Action cap. 20. If therefore the Lord did not only raise up this Phinehas to that

particular act of Justice, but also warrant & accept him therein & reward him therefore, upon the account of his zeal, when there was a Godly & 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 & for ever, will not only pour out of that same Spirit upon others, but also when He gives it, both allow them, thô they be but private persons, & also call them, being otherwise in a Physical & Probable Capacity, to do these things in an extreamely necessi••ous and otherwise ir∣recoverable 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 & of Reformation, for the turning away of wrath & removing of Judgments, that was in Phinehas's case; but also, when the Supreme Civil Magistrate, the Primores regni & other inferiour Rulers, are not only unwilling to do their duty, but so far corrupt∣ed & perverted, that they are become the Authors & Patronizers of these abominations Naph. Prior Edit. Pag. 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, & 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 Iudg. 3. 21. That this Action was approven will not be doubted, since the Lord raised him up as a Deli∣verer, who by this Heroical Action commented it, and since it was a Message from God. And that it was extraor∣dinary were ridiculous to deny, for sure this was not the judicial Action of a Magistrate: Neither was Ehud a Ma∣gistrate 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 Lawful∣ness of killing a Tyrant without a Title.

4. When the Lord discomfi••ed the host of Iabin, and Sisera his Captain fled into the house of Heber the Kenite, Iael Hebers wife took a nail of the tent, and went softly ••nto him, and smote the nail into his temples Iudg. 4. 21. Of

which the Prophetess Deborah sayes, chap. 5. 24. blessed above wemen shall Iael the wife of Heber the Kenite be, blessed shall she be above women in the tent. Yet not only was Iael no Magistrate, but in subjection to & at peace with Iabin, thô she killed his Captain. But, nulla hic erat in••ustitia, cum declaratus esset hostis publicu••, justum erat Bellum, Oppressor erat Populi Dei; debebat Iael, quasi membrum reipublicae; communem hostem prodere & perdere. Itaque peccasset Iahel si eum non occi∣disset. Martyr & al••i cirati in Pool. Synops. Critic. in Locum, Albeit that Author himself, in his English Annotations, does cut the knot in stead of loosing it, in denying Deborahs 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 He∣roick fact of Iael is there commended; which is too bold an attempt upon this part of the holy Canon of the Scrip∣ture: Whence we see, what inconveniences they are driven to, that deny this principle of natural Justice the Lawfulness of cutting off publick Enemies to procure the Deliverance of the Lords people. Hence, if it be Lawful for private persons, under subjection to and at peace with the publick Enemies of the Lords people, to take all ad∣vantages 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 nor aggreement, to attempt the same in extreame necessity: But the former is true: Therefor the later.

5. When Samson married the Timnite, and obliged himself by compact, to give them thirty sheets and thirty change of garmentts, upon their solving his riddle: The Spirit of the Lord came upon him, and he went doun to A••hkelon, and slew thirty men of them and took their Spoyl Iud. 14. 19. And afterwards, when he lost his wife by the crueltie & treacherie of those Philistines, he said unto them, Though yow have done this, yet will I be avenged of yow, and after that I will cease, and he smote them hip & thigh with a great slaughter chap. 15. 7, 8. And wen the Iewes, who acknow∣ledged the Philistims for Rulers, 〈◊〉〈◊〉 to Et••m to expostu∣late with him, all the satisfaction he gave them was to avouch, that as they did unto him so he had done unto them••

and to kill a thousand more of them vers. 11. &c. These were extraordinary Heroick facts, not only because they flowed from an extraordinary power wherewith he was endued, and from an extraordinary Motion & Call, but because of his avenging his oun private injuries for the publick good, in a way both of fortitude & prudence, without a declared war, provoking the enemies against him∣self, 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 Ma∣gistrate? not by the Philistines, nor by the men of Iudah, 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 publick ene∣mies, by a Clandestine war: which is imitable in the like case, when a prevailing faction of Murdering enemies domineer over & destroy the people of God, and there is no other way to be delivered from them: for his ground was Moral, because they were publick enemis to whom he might do as they did to him. Hence, If Saints sometimes in cases of necessity may do unto their publick enemies as they have done unto them, in prosecuting a war not declar∣ed 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 Philistims again invaded and overran the Land in the time of Saul, Ionathan his son and his Ar∣mour-bearer fell upon the Garrison of these uncircumcised, and killed them 1 Sam. 14. 6, 13. This was an Heroick Action, without publick Authority, for he told not his father vers 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 Sams••n in his Exploits: but in this respect, these Actions are only unimitable in consideration of prudence, not of Conscience, or as to the Lawfulness of the thing: their ground was Moral, to cut off publick enemies. Hence, If it be Lawful to fall upon a

Garrison of publick enemies, oppressing the Country, then it must be Lawful to fall upon one or two, that are the Ring-leaders of publick Enemies, and main promoters of their destruction, that are as pernicious, and have no more right or power, than the Philistims: But such is the Case of those about whom the question is.

7. When David dwelt in the Country of the Philistims, he and his men went up & invaded the Gesharites and the Gezrites and the Amalekites: And David smote the Land, and left neither man nor woman alive 1 Sam. 27. 8, 9. This was without publick Authority, having none from Saul, none from Achish in whose Country he dwelt, and none of his oun, 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. 17. 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 publick enemies, when they are obliged by the Command of God to destroy them, thô they be living quietly & peacably in the Country; then may it be Law∣ful, in cases of necessity, for private persons, to cut off their publick enemies, whom they are obliged by the Co∣venant of God to bring to condign punishment, and to exstirpate them (as the Covenant obliges in reference to Malignant Incendiaries) when they are ravening like Lyons for their prey.

8. In the dayes of Ahab & Iezebels Tyranny, whereby the Idolatrous Prophets of Baal were not punished accord∣ing 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 & slew them there 1 King. 18. 40. How Mr Knox im∣proved this passage we heard before, in the Historical Re∣presentation Per. 3. And Ius Pop: vindicates it, that in some cases private persons may execute Judgement on Male∣factors, after the example of Elias here. Which fact Peter, Martyr in Loc. defendeth thus [I say it was done by the Law

of God: for Deut. 18. 20.

God decerned that the false Prophet should die, and chap. 17. the same is said of private men & women, who would worship Idols: But chap. 13. not only is death threatened against a se∣ducing Prophet, but a Command is added that no man should spare his Brethren—thirdly it is Commanded, that the whole City when it becometh Idolatrous, should be cut off by fire, & sword: And Levit. 24, 14—16. it is Statute, that the Blasphemer should not live, to which we may adde the Law or equity of Taliation; for these Prophets of Baal caused Iezebel & Ahab kill the Servants of the Lord.

See Ius Pop. cap. 20. Pag. 425. Upon this also Mr Mitchel defends his fact ubi supra—

Also Elijah by virtue of that precept (Deut. 13) gave com∣mandment to the people to destroy Baals priests, con∣trary to the command of the seducing Magistrate, who was not only remiss & negligent in executing Justice, but became a Protector & defender of the Seducers, then & in that case I suppose the Christians duty not to be very dark:

9. This Idolatrous & Tyrannical house was afterwards condignly punished by I••hu 2 King. 9. And 10 chapt. who destroyed all the Idolaters, who were before encouraged & protected by that Court chap. 10. 25. This extraordinary fact was not justified by his Magistratical Authority: for that was as extraordinary as the fact it self; and conferred as a mean to accomplish the fact. He had no Authority by the peoples suffrages, nor was he acknowledged as such by the Court or body of the people, only the Lord gave it extraordinarly. 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 & Idolaters pass unpunished, but their insolency in Murder∣ing the Innocent is intolerable. Mr Knox vindicates this at length ubi supra, and shewes that it had the ground of Gods ordinary Judgement, which commands the Idolater to die the death; And that thô we must not indeed follow ex∣traordinary 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 Testim. of Period. 3. above, and Ius pop. cap. 20. pag. 418.

10. When Athaliah, the Mother of Ahaziah, had Ty∣rannized six years, at length Iehojada with others made a Conspiracie against her, to depose her and make Ioash 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 Soveraign power. But I••••••••da commanded the Captains to have 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 King. 11. 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 Em••ssaries, in a case of necessity, when there is no living for them.

11. When Amaziah turned Idolater & Tyrant, after the time that he turned away from following the Lord, they made a Conspiracy against him in Ierusalem, and he fled to Lachish, but they sent to Lachish after him, & slew him there 2 Chron. 25▪ 27. This fact is before vindicated by Mr Knox Period 3. afterward Head 2. and Head 5.

12. When Esther made suite to reverse Hamans Letters, the King granted the Iewes in every City, not only to ga∣ther themselves together and to stand for their life, but also to destroy, to slay, and to cause to perish, all the power of the people and Province, that would assault them, both litle Ones & Women—and to avenge themselves on their Enemies: And accordingly in the day that their enemies hoped to have power over them, the Iewes gathered them∣selves to lay hand on such as sought their hurt, and smote all their enemies with the stroke of the sword, Esther 8. 11, 13. chap. 9. 1—5. &c. They had indeed that Law of Na∣ture fortified by the Kings accessory Authority, as Valenti∣n•••••• by his Edict granted the like Liberty, to resist any un∣just invader to depopulate the Lands of his Subjects, ut

digno ilico supplicio subjugetur ac mortem quam ininabatur accipiat—And the like of Arcadius is extant in Codice Iustina∣neo, titulo, Quomodo liceat unicuique sine judice se vindicare vel publicam devotionem. But that doth not exclude the Law∣fulness of such Resistences in case of necessity, without pu∣blick Authority: So here, it was not the Kings command∣ment that made the Iewes avenging themselves Lawful, if it had not been Lawful before & without it; it gave them only Liberty to improve that priviledge, which they had from God and Nature. Surely their power of Resisting did not depend on the Kings 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 Autho∣rity: Ergo it was not only suspended upon the Kings Au∣thority. And as for Hamans 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 publick Authority, in some cases of necessity, to prevent the Murder of publick Enemies, by laying hands on them that seek the hurt of all the people of God.

Secundly, 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. 9. 6. Whoso sheddeth mans 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 threatened & punished because Judgement was not executed, and when it was executed even by these that 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 be∣fore 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 be∣fore the Institution of Magistracy, when now there was no Government in the world, but family-Government, as Grotius on the place saith, Cum enim lex haec ••ata est, non dum constituta sunt judicia, itaque naturale justaliatus hic indi∣catur; quod, aucto humano genere & in gentes distributo, merito solis judicibus permissum fuit, extra casus quosdam exceptos, in quibus mansit jus illud 〈◊〉〈◊〉. When this Law was given publick Judgement was not yet constitute, Therefore the natural right & Law of Taliation is here held forth, which when mankind was increased and divided into several Na∣tions, was justly permitted only to Judges, some cases ex∣cepted in which that primaeve right did remain. And if in any, then in this case in question. Hence Lex Rex answer∣eth the P. Prelate essaying to prove that a Magi••••racy is esta∣blished in the Text, denyes that Ba Adam, by man, must signify a Magistrate, for than there was but family Go∣vernment, and cites 〈◊〉〈◊〉 of the same mind, that the Ma∣gistrate is not spoken of here. Though this Command af∣terwards was given to the Magistrate Numb. 35. 30. yet in a ease of necessity, we must recur to the Original Command.

2. This same Command of punishing Murdering Ene∣mies, is even after the Institution of Magistrates, in several cases not astricted to them, but permitted to the people, yea enjoyned to them: As (1) Not only Magistrates, but the people, are Commanded to avenge themselves on their publick Enemies, as the Israelites, after their being insnared in the matter of Peor; are Commanded to vexe the Midianites & smite them, because they beguiled them, and brought a Plague upon them Numb 25. 17, 18 and Numb. 31. 2. to avenge themselves on them, and for this end to arme 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 Ama∣lek. It is true these Commands are given primarly & prin∣cipally to Magistrates, as there to Moses, and afterwards to Saul: yet afterwards we find, other than Magistrates upon this Moral Ground, having the Call of God, did execute Judgement upon them, as Gidion & David, be∣fore

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 Mo∣ral, and the right of a peoples saving themselves by the de∣struction of their enemies; when there is no other way for it, is Natural. And this is all we plead for here. If people may vexe their enemies, and avenge themselves against them, even without publick Authority, when en∣snared by their Craftiness; Much more may they put a stop to their insolency, by cutting off their principal & most per∣nicious Instruments, in case of necessity, when invaded by their Cruelty: But here a people is Commanded to vexe their enemies, and avenge themselves on them, and accordingly Gideon & David did so, without publick Au∣thority, and that upon a ground which is Moral & Natu∣ral: Ergo—(2) The execution of the punishment of Murderers is committed to the people: The revenger of blood himself shall slay the Murderer, what he meeteth him he shall slay him, Numb. 35. 19, 21. So that if he met him before he got into any Refuge, he might Lawfully slay him, and if he did flee to any, he was to be rendered up to the Avengers hands Deut. 19. 12. that the guilt of innocent blood may be put away from Isra••l vers. 23. This revenger of blood was not the Magistrate: for he was the party pursuing Numb. 35. 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 compen∣sation for the blood of his Brother, and because he redeems the Land from blood guiltiness, in which other-wise it would be involved. I do not plead that this is alwayes to be imitated, as neither it was alwayes practiced in Israel: but If a private man, in a hot pursuit of his Brothers Mur∣derer, might be his avenger, before he could be brought to Judgement, then much more may this power be assum∣ed, in a case of necessity, when there is no Judgement 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 our selves are dayly in hazard of it, which may be prevented in cutting them off. I do not see what is here meerly Iudicial, so as to be rejected as Iudaical: for sure Murderers must be slain now as well as then, and there is the same hazard of their escaping now as then, Mur∣der 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 oun avenger, if he cannot otherwise defend himself. (3) Not only the execution, the decision of matters of life & death, is committed to them; as in the case of Blasphemie & Cursing, all that heard were to lay their hands upon his head, and all the Congregation was to stone him Levit. 24. 14, 16. The man-slayer was to stand before the Congre∣gation in Judgement, Then the Congregation shall judge between the slayer and the avenger of blood Numb. 35. 12, 24. The people claimed the power of life & death, in seeking to ex∣ecute Judgement upon those that had spoken Treason against Saul, bring the men (say they) that we may put them to death 1 Sam. 11. 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 publick Authority, should take the power of life & death, & of puting a stop to the insolency of Destroyers by puting them to death, is in many cases absolutely necessary; for without this they cannot preserye themselves against Gras∣sant Tyrants, nor the fury of publick enemies or fire-brands within themselves, in case they have no publick Authori∣ty, or none but such as are on their Destroyers side. (4) Not only the power of purging the Land, by Divine pre∣cept is incumbent on the people, that it may not lye 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 them, with a promise that if this be done, it shall tend to the esta∣blishment 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 & 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. 25. 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 Baals 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 His∣torie of the Dowglasses, and in Knox & Calderwoods Histories. Hence If it be duty to Reforme the Court, and to take away a Kings wicked Sycophants Counsellors, Agents & Instigators to Tyrannie; Then it must be Lawful, in some cases of necessity, to restrain their Insolency, & repress their Tyrannie, in executing Judgement upon such of them, as are most unsupportable, who are made drunk with the blood of Innocents: But the former is true: There∣fore—(5) For the Omission of the executing of this Judgement on Oppressors & Muderers, 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 Sauls murdering the Gibeonites, the whole Land was pla∣gued, until the man that consumed them, and devised against them to destroy them, seven of his sons were deli∣vered unto them, to be hanged up before the Lord 2 Sam. 21. 5, 6. So also for the sins of Manasseh. The reason was, because if the Magistrate would not execute Judgement, 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, Execute yee Iudgement, and deliver the spoyled out of the hand of the Oppressor Jer. 22. 2, 3. thô it be true, this is to be done by every one in their station, salvâ justitia, salvo ordine, & pro modulo vocationis, and it chiefly belongs to Judges & Magistrates: Yet this is no wrong to Justice, nor breach of Order, nor sinful trans∣gression of peoples vocation, not only to hinder the shed∣ding of innocent blood, to prevent Gods executing of what He there threatens, but also to execute Judgement on the

Shedders, to prevent their progress in Murdering Villanie; when Inferiour as well as Superiour Magistrates are op∣pressing & Tyrannizing: Therefore this seeking & doing & executing judgement is so often required of the people, in such a Case, when Princes are rebellious & Companions of Thieves, and in the City where Judgement used to be, now Murderers bear sway Isai. 1. 17, 21. the Lord is dis∣pleased where there is none Isai. 59. 15, 16. Jer. 5. 1. See this vindicated in Lex Rex quest. 34. pag. 367. and in jus popul. cap. 10. pag. 237.

3. That Command concluds the same against Idola∣ters, Apostates, and Entycers thereunto Deut. 13. 6. &c. If thy brother—or thy friend, which is as thi•• oun soul, en∣tyce the secretly, saying, let us go & serve other gods—thow shalt not spare nor conceal him, but thow shalt surely kill him—because the hath sought to thrust thee away from the Lord thy God—And all Israel shall hear & fear and do no more any such wickedness. And vers. 13. &c. If thow shalt 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 thow enquire—and behold if it be truth, and the thing certain—thow shalt surely smite the Inhabitants of that City with the edge of the sword, destroying it utterly—This Cause of the Open Entycers to Idolatry, was not brought to the Judges, as common Idolaters, and such who were entyced to serve other gods & worship them, were to be brought to the gates, and to be stoned first by the hands of the Witnesses, and afterwards by all the people Deut. 17. 3, 5, 7. But this is an∣other Law: Of which the Iewish Antiquaries, and parti∣cularly Grotius out of Philo and the Rabb. in Loc saith, Cum in alijs criminibus soleret reus servari &c. i. e.

Whereas in other crimes the guilty used to be kept after the sentence a night & 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 Judge∣ment upon them (viz. Entycers to Idolatry) without waiting for a Judge: The like was used against the Sa∣crilegious Robbers of the Temple, and priests who sacrificed when they were polluted, and those who curs∣ed

God by the Name of an Idol, and those who lay with an Idolatress, chiefly those who denyed the divine Au∣thority 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 admired in so grievous a Crime, when even the manslayer without the place of refuge might have been killed by the Kins-man of the defunct,

And upon Numb. 15. 30. the punishment of presumptuous Blasphemers, he sayes, Caeteram hic intelligenda hoc modo &c. i. e.

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 Phin. has did to Zimri: and proves it out of Mamonides Pool. Synops. Critic. in Loc.

And it must be so: for in this case no mention is made either of Judges, or Witnesses, or further Judge∣ment about it, than that he that was tempted by the Entycer 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 Cities Apostasie, and hearkening to Entycers, the thing was only to be sollicitously enquired unto, and then thô it was chiefly incumbent upon the Magistrate to punish it, yet it was not astricted to him, but that the people might do it without him. As upon this Moral Ground, was Israels war stated against Benjamin Judg. 20. 13. when there was no King nor Judge, and also when there were Kings that turned Idolaters & Tyrants, they served them so, as here is Commanded: Witness Amaziah, as is shewed above. Hence not only Moses, upon the peoples defection into Idolatrie in the Wilderness, commanded all on the Lords side, every man to put his sword by his side—and s••ay 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. 32. 27, 28. But also Joash, Gideons father, upon the same Moral Ground, thô 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. 6. 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 Ma∣nass••h, where the King himself was an Idolater; and albeit they were but private persons, without publick 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 & Capacity. Mr Mitchel offers this place to vindicate his fact of shooting at the prelate. Deut. 13. 9. Wherein (sayes he) it is manifest, that the Idolater or intycer 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 meerly Iudicial, and that it is not at all Ceremonial or Le∣vitical. And as every Moral precept is Universal, as to the extent of place, so also as to the extent of Time, & persons.

The chief thing Objected here is, that this is a Ju∣dicial 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 refells 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 forego∣ing Representation Period. 3. Pag. 30. as it is also cited by Ius Pop. Pag. 212. &c. But these General Truths may be added, concerning the Iudicial Laws. 1. None can say that none of the Judicial Laws, concerning political Con∣stitutions, is to be observed in the New Testament: for then many special Rules of Natural & 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 Sta∣tutes, 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 pu∣nishment of any Malefactors by death, juris Divini, in the New Testament. And so all Capital punishments must be only humane 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 homocidio Conscience. Lib. 5. cap. 31. quest. 2. For in the New Testament, thô 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 Priviledge; since it is certain, the New Testament-Li∣berty is not more restricted as to Penal Laws than the Old. 3. Those Judicial Laws, which had either somewhat Ty∣pical, or Paedagogical, or peculiar to the then Iudacial State, are indeed not binding to us under that formality; thô even these Doctrinally are very useful, in so far as in their ge∣neral nature, of equity of proportion, they exhibite to us some Documents of Duty: But those Penal Judgements, which in the matter of them are appended to the Moral Law, and are in effect but accurate determinations & ac∣commodations of the Law of Nature, which may suit our Circumstances as well as the Jewes, do oblige us as well as them. And such are these Penal Statutes I adduce; for, that Blasphemy, Murder, & 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. Con∣cerning the Moral equity even of the strictest of them, Amesius de Conscienc. lib. 5. de Mosaicis appendicibus praecepto∣rum, doth very learnedly assert their binding force. 4. Those Judicial Laws, which are but Positive in their forme, yet if their special internal & proper Reason & Ground be Moral, which pertains to all Nations, which is necessary & useful to Mankind, which is rooted in and may be fortified by humane reason, and as to the substance of them approven by the more intelligent Heathens; those are Moral, and oblige all Christians as well as Jewes: And such are these Laws of punishing Idolaters &c. founded upon Moral grounds, pertaining to all Nations necessary & useful to Mankind, rooted in & fortified by humane Reason, to wit,

that the Wrath of God may be averted, and that all may hear & fear and do no more so wickedly; especially if this Reason be superadded, when the case is such, that innocent & honest people cannot be preserved, if such wicked persons be not taken order with. 5. Those Ju∣dicial Laws, which being given by the Lords immediate Authority, thô not so solemnly as the Moral Decalogue, are neither as to their end Mortuae, dead, nor as to their use Mortiferae, deadly, nor as to their nature, Indifferent, nor in any peculiar respect restringible only to the Jewes, but the transgressions whereof both by omission & com∣mission 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 indiffe∣rent 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 to 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 publick Authority, must be Lawful also. Or if it be Indifferent, that which is in its oun nature Indifferent, cannot be in a case of extreame necessity unlawful, when otherwise the destruction of our selves & Brethren is in all humane con∣sideration inevitable. That which God hath once Com∣manded, and never expressly Forbidden, cannot be un∣lawful in extraordinary cases, but such are these precepts we speak of: Therefore they cannot be in every case un∣lawful. 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 & executed in the New Testament times, cannot be Judicial or Judaical, re∣stricted to the Old: But such is this. In the day, that a fountain shall be opened for th•• house of David for sin & for un∣cleaness; which clearly points at Gospel-times, It is said, the Lord will cause the Proph••ts and the unclean Spirits to pass out of the Land: And it shall come to pass. that when any shall yet Prophesie, then his father & his mother that begat him shall say

unto him, thow shalt not live—and shall thrust him through when he Prophesieth Zech. 13. 3. Which cannot be meant of a Spi∣ritual penetration of the heart: for it is said, he shall not live; and the wounds of such as might escape, by resistence or flight, are visible in his hands vers 6. It is therefore to be understood of Corporal killing Intycers to Idolatrie, ac∣cording to the Law Deut. 13. 9. either by delivering them up to the Judges, as Piscator on the place sayes; Or as Gro∣tius saith, transfodient ut Phineas Zimri Numb. 25. hoc intel∣lige de Pseudo-propheta populum volente abducere ad cultum falso∣rum deorum; nam in tales quemvis Iudaeum Lex armabat, Deut. 13. quae Lex expresse addit, in tali crimine nec filio parcendum. From all which I conclude, If people are to bring to condign punishment Idolatrous Apostates, seeking to intyce them; Then may oppressed people, dayly in hazard of the death of their Souls by Complyance; or of their bodys by their Constancy in Duty, put forth their hand to execute Judge∣ment, in case of necessity, upon Idolatrous Apostates & Incendiaries, and the principal Murdering Emissaries of Tyrants, that seek to destroy people, or enforce them to the same Apostasie: But the former is true: Therefore &c.

4. The same may be inferred from that Command of Rescuing & Delivering our Brother, when in hazard of his life; for omitting which duty. no pretence even of igno∣rance will excuse us Prov. 24. 11, 12. If thow forbear to de∣liver them that are drawen unto death, and those that are ready to be slain, if thow 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? eripe h. e. ex manu invasoris, latronis, injusti Ma∣gistratus &c. idque vel manu, vel lingua defendente, vel quovis alio modo licito: Solent homines multas excusationes nectere, se nescire illius vel periculum, vel innocentiam, non tanta authoritate valere ut eum liberent, rerum suarum satagere, alienis nolle se ingerere &c. hic unam excusationem reliquas omnes complectentem exempli causâ proponit, & refellit: as Commentators say, Pool Synops. Critic. in locum. This precept is indefinitely given to all: Principally indeed belonging to righteous Magistrates; But in case of their omission, And if instead of detending 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 vers 2. not to be envious against evil men, or that vers 10. If thow faint in the day of Adversity thy strength is small, can be said to be spok∣en 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 Law∣ful, in some extraordinary cases, to prevent the Murder∣ing violence of publick Incendiaries, by killing them rather than to suffer our selves or our Brethren to be killed, when there is no other way in probability either of saving our selves or Rescuing them: But here the former is Com∣manded as a duty: Therefore the Later also must be justifi∣ed, when the duty cannot otherwise be discharged.

Now having thus at some length endeavoured to discuss this some way odd & 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 Atchieve∣ments to preserve their oun and Brethrens lives, in pro∣secuting 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 & 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 thô 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, Ten∣derness, & Fear, can scarce be adhibite, in a Subject wherein even the most warrantable provocation of holy

zeal is ordinarly attended with such a concurrence of Self-interest and other carnal Tentations, 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 Non-conformist doth truly observe ubi supra Pag. 391. Yet this Doctrine, thô in its defined and uncautioned Latitude be obnoxious to ac∣cidental abuses (as all Doctrines may be abused by mens corruption, or ignorance; misapplying the same) is never∣theless built upon such Foundations, that Religion will oune to be firme, and Reason will ratify their force. And I hope it is here so circumscribed with Scripture-boundari∣es, 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 Reforme 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 them 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 Theorie, 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 villanie to pass unpunished; and thô their favours have flattered many, and their sury hath forced others, into a faint succumbing & superceding from all Action against them; Yet all are not asleep: and I hope there are some, who will never enter in any terms of peace with them, against whom the Mediator hath declared and will

prosecute a war for ever, but will still oune & aim at this, as the highest pitch of their ambition, to be found among His chosen, called, & faithful ones, who maintain a con∣stant opposition against them. However, thô the Lord seems in His providence, to put a bar upon all publick 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, all that have the zeal of God and love to His righteous Cause rightly stated in their hearts, will find themselves called not to supercede 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 & 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 their 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, reso∣lute & ready to withstand the invasion of Poperie; 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 wyles of such, whose chiefest prin∣ciple of policy is perfidie, 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 & fury, fire & sword, if they shall fall upon their old game of Murders & 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 beginings of their Invasions, before they be past remeady: 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 Coun∣try; without attempting, if they have any force, to over∣throw the same. 3. In the mean time, to defend them∣selves

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, & to oppose & prevent their oun & the Nations ruine & slaverie.

But to Conclude: As it will be now expected, in Justice & Charity, that all the Vassals & Votaries; Subjects and Servants, of the One Common Lord & King, Christ Je∣sus, every where through out His Dominions, who may see this Representation of the case and Vindication of the cause of a poor wasted & wounded, persecuted & re∣proached, Remnant of the now declining, sometimes Renouned, Church of Scotland, will be so far from stand∣ing Esaw-like on the other side; either as Enemies, rejoi∣cing to look on their Affliction in the day of their Calamity; or as Neutral, unconcerned with their distressed Condi∣tion; or as Strangers, without the knowledge or sense of their Sorrowes & Difficulties; Or as Gallio's caring for none of these things, or thinking their case not worthy of Com∣passion, or their cause of Consideration, or possibly con∣demning their Sufferings, as at best but Stated upon slender, subtile, & nice Points, that are odd & odious, and invi∣diously represented: It is now expected, I say, that Chris∣tians, not possessed with Prejudice (which is very impro∣per for any that bear that Holy & honourable Signature) and not willing to be imposed upon by Misinformations, will be so far from that Unchristian temper towards them, as to be easily byassed with all Reports & Reproaches to their disadvantage, that if they weigh what is in this Treatise of∣fered, and truly I may say candidely Represented, with∣out 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 & intertain a more charitable Construction of them, and not deny them Brotherly Sympathie and Christian Compassion, nor be wanting in the duty of Prayer & Suppltcation for them, that at length the Lord would turn His hand upon the litle Ones, and bring at least a thrid Part, a Remnant of Mourn∣ers, through the fire. So to that litle 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, in stead of a better, to essay this Vindication of your cause: as stated betwixt yow and your, and your Lords Enemies, the men that now ride over your heads, that say to your Soul, bow doun that we may go over yow, I de∣sire not that yow should, yea I obtest that yow may not, lay any Stress on the strength of what I have said; but let its weight lie where it must be laid, on that firm Founda∣tion, that will bear yow 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. Do not offend, that they are contemned as small, and contradicted as odious, but look to the importance of His Glory, whose Truths & Concerns they are, and from Whom they are seeking to draw or drive yow, who oppose and oppugu these Truths. Stand fast therefore in the Li∣berty where with Christ hath made yow free, and hold fast every Word of His patience, that yow may be kept in this hour of tentation. Let no man take your Crown, or pull yow doun from your excellency, which is alwayes the de∣sign of your wicked Enemies, in all their several shapes & shewes, both of force & fraud, craft & cruelty. Beware of their snares, and of their tender Mercies, for they are cruel; and when they speak fair beleeve them not, for there are seven abominations in their hearts. Say ye not a Con∣federacy, to all them to whom this people shall say a Confederacy, neither fear ye their fear, nor be afraied; 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 for a rock of offence, to both the houses of Israel, for a gin & for a snare to the Inhabitants of Ierusalem. Wait upon the Lord, who hideth His face from the House of Iacob, and look for Him, among His Children, though now yow be reputed for signs

& wonders in Israel, from the Lord of Hosts Which dwel∣leth in Mount Zion. Who knowes, but therefore will the Lord wait, that He may be Gracious unto yow, and there∣fore will He be exalted that He may have Mercy upon yow, for the Lord is a God of Judgement, Blessed are all they that wait for Him. To Whom be all the Glory.

AMEN.

FINIS.