The Sovereign Power of Parliaments and Kingdoms, Part 2 (4 of 4)

The Sovereign Power of Parliaments and Kingdoms · Part 2 (4 of 4)

p. 129Fourthly, The subjection here enjoyned, is not passive, but active, witnesse ver. 15. For so is the will of God, that by WELL DOING (to wit, by your actuall cheerfull submission to every Ordinance of man for the Lords sake, &c.) you put to silence the ignorance of foolish men: as free, and not using your liberty, &c. If then this Text be meant of active, not passive obedience; then it can be intended onelyonly of lawfull Kings, of Magistrates in their just commands, whom we must actually obey; not of Tyrants and Oppressours in their unjust wicked proceedings, whom we are bound in such cases actually to disobey, as our Antagonists grant, and I have largely evidenced elsewhere: Wherefore, it directly commands resistance, not subjection in such cases; since actuall disobedience to unjust commands, is actuall resisting of them. And that these Texts prescribing resistance tacitely, should apparantly prohibit it under pain of Treason, Rebellion, Damnation, is a Paradox to me.

Fifthly, This Text doth no way prove that false conceit of most, who hence conclude: That all Kings are the Supream Powers, and above their Parliaments, and whole Kingdoms, even by Divine institution: There is no such thing, nor shadow of it in the Text.

For first, This Text calls Kings, not a Divine, but Humane Ordinance; If Ithen Kings be the Supreamest Power, and above their Parliaments, Kingdoms, it is not by any Divine Right, but by Humane Ordination onelyonly, as the Text resolves.

Secondly, This Text prescribes not any Divine Law to all or any particular States; p. 130IInor gives any other Divine or Civill Authority to Kings and Magistrates in any State then what they had before; for if it should give Kings greater Authority and Prerogatives then their people at first allotted them, it should alter and invade the settled Government of all States, contrary to the Apostles scope, which was to leave them as they were, or should be settled by the peoples joynt consent: It doth not say, That all Kings in all Kingdoms are, or ought to be Supreame; or let them be so henceforth: no such inference appears therein. It speaks not what Kings ought to be in point of Power; but onelyonly takes them as they are, (according to that of Rom. 13. 2. The Powers that ARE, &c. to wit, that are, even now every where in being, not which ought to be, or shall be) whence he saith; Submit to the King as supreame: that is; where by the Ordinance of man the King is made supreame; not, where Kings are not the supreamest Power; as they were not among theaaSee Bodin Common-weal l. 1. c. 10. l. 2. c. 5. Hugo Grotius de jure Belli. l. 1. c. 3. sect. 8 to. 13. & Annotata. ancient Lacedemonians, Indians, Carthaginians, Gothes, Aragonians, and in most other Kingdoms, as I havebbPart. 1. & in the Appendix. elsewhere proved: To argue therefore, We must submit to Kings where the people have made them supreame; Ergo, All Kings every where are and ought to be supreame Iure divino; (as our Antagonists hence inferre) is a grosse absurdity.

IIIThirdly, This Text doth not say, That the King is the supreame soveraigne Power, as most mistake; but supreame Governour, as the next words; or Governours, &c. expound it; and the very Oath of Supremacie, 1. Eliz. Cap. 1. which gives our Kings this Title, Supreame Governour within these his Realms. Now Kings may be properly called Supreame Magistrates or Governours in their Realms, in respect of the actuall administration of government and justice, (all Magistrates deriving their Commissions immediately from them, and doing justice, for, and under them:) and yet not be the Soveraign Power, as the Romane Emperours, ccBodin. Common-weal l. 2. c. 5 l. 1. c. 10.the Kings of Sparta, Arragon, and others; the German Emperours, the Dukes of Venice in that State, and the Prince of Orange in the Nether-lands, were and are the Supreame Magistrates, Governours; but not the Supreame Soveraigne Powers; their whole States, Senates, Parliaments, being the Supreamest Powers, and above them; which being Courts of State, of Justice, and a compound body of many members, not alwayes constantly sitting, may properly be stiled, The Supreame Courts and Powers; but not the Supreame Magistrate or Governour: As the Pope holds himself, the Supreame Head and Governour of the Militant Church; and the Arch-Bishop of Canterbury stiles himself, the Primate and Metropolitane of all England; and so other Prelates in their Provinces; yet they are not the Soveraigne Ecclesiasticall Power, for the King, at least Generall Councells or Nationall Synods (which are not properly tearmed Governours, but Powers) are Paramount them, and may lawfully censure or depose them, as I haveddPart. 1. p. 88. elsewhere) manifested. To argue therefore, that Kings are the highest Soveraign Power, because they are the highest particular Governours and Magistrates in their Realms, as our Antagonists do; is a meer Fallacie, and Inconsequent, since I have proved eePar. 1. & the Appendix.our own, and most other Kings, not to be the highest Powers, though they be the Supreamest Governours.

IIIIFourthly. This Text speaks not at all of the Romane Emperour, neither is it meant of him, as Doctour Ferne, with others mistake; who is never in Scripture stiled a King, being a Title extreamly odious to the Romanes, and for ever banished p. 131their State with an ffLivy Hist. l. 1. See the Appendix. p 3. 4.Oath of execration, by an ancient Law, in memory whereof they instituted a speciall annuall Feast on the 23. of February, called,ggMacrob. Saturnal. l. 1 c. 13. Seldens Titles of honour part. 1. c. 2. sect. 2. p. 13. Regifugium; the hatred of which Title continued such, that Tully hhAug. de Civ. D…. l 2.and Augustine write; Regem Romae posthac, nec Dii nec Homines esse patiantur: AndiiSelden. ibid. Plutarchi, Iulius Caesar, Eutropius. Grimston in his life. Caesar himself being saluted King by the multitude, perceiving it was very distastfull to the States, answered, CAESAREM SE, NON REGEM ESSE: which Title of Caesar, (not King) the Scripture ever useth to expresse the Emperour by: witnesse Matth. 22. 17, 21. Mark 12. 14, 16, 17. Luke 2. 1. chap. 20. 22, 24, 25. chap. 23. 2. John 19. 12, 15. Acts 11. 28. chap 17. 7. chap. 25. 8, 10, 11, 12, 21. chap. 26. 32. chap. 27. 24. chap. 28. 19. Phil. 4. 22. Which Texts do clearly manifest, that no Title was ever used by the Apostles, Evangelists, Jewes, to expresse the Emperour by, but that of Caesar, not this of King. Therefore Peters Text, speaking onelyonly of the King, not Caesar, cannot be intended of the Romane Emperour, as ignorant Doctors blindly fancie.

Fifthly, This Epistle of Peter (thekkGal. 2. 7. 8.Gal 2:7Gal 2:8 Apostle of the Iews) was written onelyonly to the Vdispersed Iews thorowout Pontus, Galatia, Cappadocia, Asia, and Bythinia, 1 Pet. 1. 1. over whom Herod at that time reigned as King, by the Romane Senates and Emperours appointment, who had then conquered the Iews, and made them a tributarie Province, as is evident by Matth. 27. 17, 21. Mark 12. 14, 16, 17. Luke 20. 22, 24, 25. chap. 23. 2. Acts 17. 7. chap. 25. 8, 10, 11, 12, 21. chap. 27. 24. chap. 12. 1. to 24. compared together; and byllAnt. Iud. l. 17. c. 12. l. 18 c. 1. l 20 c. 9. & De Bel. Iud. l. 1. Iosep…us, the Century writers, Baronius, Sigonius, and others. The King then here mentioned to be supreame, was Herod, or King Agrippa, or some other immediatemmMat. 3 1. c. 27. 11. Act 25. 13. 24. 26 c. 26. 2. c. 12. 1.Matt 3:1Acts 25:13Acts 25:24Acts 25:26 King of the Iews, who was their supreame Governour, not absolutely, butnnAnt. Iud. l. 13. to 20. John 19. 12.John 19:12 under the Romane Senate and Emperours, and made so by their appointment, whence called in the Text; an Ordinance of man, not God: Now this King of the Jews (as is evident by Pauls Appeal to Caesar from Festus and King Agrippa, as to the Soveraign Tribunall; Acts 25. and 26. by Iosephus, P…ilo Iud…us de legatione ad Caium, and the consent of all Historians) was not the absolute Soveraigne Power, but subordinate to the Romane Emperour and Senate, ooIos. de Bel. Iud l. 1 c. 10. 11. 12. 15.who both created, and bad power to controll, remove, and censure him for his misdemeanours; yet Peter calls him here Supreame, because the Highest Governour under them, as we stile our Kings ppSee the Appendix.Supreame Governours under Christ. Therefore having a Superiour Governour and Power over him, to which he was accountable and subordinate; Supreame in the Text, cannot be meant, of a King absolutely Supreame, having no Power Superiour to him, but God; but onelyonly relatively Supreame, in respect of under. Governours, there actually residing: whose Supremacie being forcibly gained onelyonly by conquest, not free consent; (and the ancient native**Schickardus jus Regtum. H…b. p. 7. Cunaeus de Rep. Haeb. p. 101 166. Kings of the Iews, being inferiour to their whole Senates and Congregations, and to do all by their advice, as Iosephus Antiq. Iud. lib. 4. cap. 8. 2. Sam. 18. 3, 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest) will no way advantage our Opposites, nor advance the Prerogative of Kings; since it extends onelyonly to the King of the Jews that then was, who was not simply Supream, but a Subject Prince subordinate to the Romane State and Empire, and one appointed by a Conquerour, not freely chosen and assented to by the people. So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments, is but this. The King of the Iews was p. 132in Peters time the Supreame Magistrate over that Nation, by the Romane Senates and Emperours appointment, to whom yet he was subordinate and accountable; the Romanes having conquered the Iewes by force, and imposing this government upon them, without their consents. Therefore the Kings of England, and all other Kings are absolute Soveraigne Monarches, Superiour to their whole Parliaments and Kingdomes, collectively considered; and may not in point of conscience be forcibly resisted by them, though they endeavour to subvert Religion, Laws, Liberties: How little coherence there is in this Argument, the silliest childe may at first discern.

From these Scriptures,Objection 11. I descend to Reasons deduced from them, against resistance, which I shall contract into three ArgumentS: The first is this;xxBodin. l. 2. c. 5 Bilson. part. 3. … Kings are the Fathers,xxAn appeal to thy conscience, and many others. Heads, Lords, Shepherds of the Common-wealth; Ergo, They ought not to be resisted in any their exorbitant proceedings; it being unlawfull, unseemly, …or a Son to resist his Father; the Members the Head; the Vassals their Lord; the Flock their Shepherd.

To this I answer1.:Answer First, They are Fathers, Shepherds, Lords, Heads, onelyonly in an improper, allegoricall, not genuine sence; therefore nothing can thence be properly inferred: They are and ought to be such in respect of theiryy2 Sam. 24. 17. Isa 49. 23. 40. 11. c. 32. 2. Ezek. 34 2. to 18.2 Sam 24:17Isa 49:23Isa 49:40Isa 49:11Ezek 34:2–18 loving and carefull affection towards their Subjects; not in regard of their Soveraigne Power over them: Therefore when their Tyrannie makes them not such,Ps 78 72 73. 74. Isa.Ps 78:72 in regard of care and affection to their people; their people cease to be such, in regard of filiall, naturall, and sheep-like submission: When these Shepherds turnzzEzek. 22. 27 Zep 3 3▪ Mat. 7. 15. Act. 20 29.Ezek 22:27Matt 7:15Acts 20:29 Wolves; these Joh. 10. 9. to 19.John 10:9–19Fathers, Step-fathers; the Subjects, as to this, cease to be their Sheep, their Children, in point of Obedience and Submission.

2Secondly, If we consider the Common-weal and Kingdom collectively; Kings are rather their Kingdoms children then Parents, because**1 Pet. 2. 13.1 Pet 2:13 created by them, their publike servants, ministers, for whose benefit they are imployed, and receive aaRom. 13. 6.Rom 13:6wages; not their Soveraigne Lords; their subordinate Heads, to be directed and advised by them, not Tyrannically to over-rule them at their pleasure: Therefore Paramount, and able in such cases to resist them.

3Thirdly, Parishioners may, no doubt, lawfully resist thebb2 John 10. 11. false Doctrin…s and open ass…ults of their Ministers, though they be their Spirituall Shepherds: Citizens the violent oppressions of their Maiors, though they be their Politique Heads: Servants the unjust ass…ults of their Masters, though their lawfull Lords; (who may ccLitt…ton. sect. 29 4. & Coke Ib. p. 126.not misuse their very Villaines, by Law:) And if Parents will violently assault their naturall children, Husbands their Wives, Masters their Servants, to murther them without cause, they mayddSee Al… Gen. de Iur. Bel. l 1. c. 15. 16. by Law resist, repulse them with open force.

4Fourthly, A Son who is a Judge, may lawfully resist, imprison, condemne his naturall Father; A Servant, his Lord; A Parishioner his Pastour; a Citizen his Major; a meer Gentleman, the greatest Peer or Lord, as experience proves; because they do it in another capacity, as Judges and Ministers of publike Justice, to which all are subject. The Parliament then in this sence, as they are the representative Body of the Realm, not private Subjects, (and their Armies by their authority) may, as they are the highest Soveraign Power and Judicature, resist the King and his Forces, though he be their Father, Head, Shepherd, Lord, as they are private men.

p. 133Fifthly, This is but the common exploded Argument of the Popish Clergy, To prove themselves superiour to Kings, and exempt from all secular Iurisdiction, because they are spirituall Fathers, P…stors, Heads to Kings; who ought to obey, not judge, and censure them, aseeAntiq Eccles. Brit. p 245. Archbish. Stratford, and others argue. But this plea is no ways available to exempt Clergy men from secular Jurisdiction; from actuall resistance of parties assaulted, nor yet from imprisonment, censures, and capitall executions by Kings and Civill Magistrates, in case of capitall Crimes; Therefore by like reason it can not exempt Kings from the resistance, censures of their Parliaments, Kingdoms, in case of tyrannicall invasions. We deride this Argument in Papists as absurd, as in sufficient to prove the exemption of Clergy men: I wonder therefore why it is now urged to as little purpose, against resistance of Tyrants, and oppressing Kings and Magistrates.

The second reason is this,ffAppeal to thy conscience, and others. The Invasions and oppressions of evill Kings and Tyrants,Object. 12. are afflictions and punishments inflicted on us by God: Therefore we ought patiently to submit unto them, and not forcibly to resist them.

I answer;Answ. First, The invasions of Forraign Enemies areggSee 1 Kin. 11. 14. to 41. Isai. 10. 6.1 Kgs 11:14–41Isa 10:6 just Iudgements, and punishments sent upon men by God; as were the invasions of thehhSee Gildas de Excidio. Brit. Matthew West. Malmsbury, Huntingdon, and all our Chroniclers. Danes, Saxons and Normans in England, heretofore; of the Spaniards since. Ergo, we ought not to resist or fight against them. The present rebellion of the Papists in Ireland is a just punishment of God upon this Kingdom and the Protestant party there;2 Chro. 33. 11. ca. 35. 1. to 21.2 Chr 33:11 Ergo, Neither we, nor they ought in conscience to resist or take Arms against them. Every sicknesse that threatens or invades our bodies, is commonly an affliction and punishment sent by God: Ergo, We must not endeavour to prevent or remove it by Physick, but patiently lye under it without seeking remedy. Injuries done us in our persons, estates, names, by wicked men, who assault, wound, rob, defame us, are fromhh2 Sam 16. 10, 11, 12.2 Sam 16:102 Sam 16:112 Sam 16:12 God, and punishments for our sins: Ergo, We may not resist them: Yea, Subjects Rebellions, Treasons, and Insurrections, against their Princes many times, are punishments inflicted on them by God, displeased with them, as the Statute of 1 Ed. 6. c. 12. resolves, and the ii1 King cap. 11. & 12.1 Kgs 11Scripture too: Ergo, Kings ought not to resist or suppresse them by force of Arms; If all these Consequences be absurd, and idle, as every man will grant, the objection must be so likewise.

I read, That in the **Ioan. Ca…ot, lib. 4. Polycrat. c. 1. & Boc…llus D…creta, Eccles. Gal. l. 5. Tit 1. cap 6. p. 697.Titus 1persecution of the Hunnes, their King Attila being demanded of by a religious Bishop, of a certain Citie? who he was? when he had answered; I am Attila, the scourge of God: The Bishop reverencing the divine Majesty in him; answered, Thou art welcome ô Minister of God; and ing…minating this saying, Blessed be he that cometh in the Name of the Lord, Opene… the Church door, and let in the persecutor, by whom he obtained the Crown of Martyrdom, not daring to exclude the scourge of the Lord; knowing, that the beloved sonne is scourged, and that the power of the scourge it self is not from any, but God. Will it hence follow? That all Christians are bound in conscience to do the like, and not to resist the barbarous Turks, if they should invade them▪ no more then this Bishop did the bloudy Pagan Hunnes, because they are Gods wrath? I trow not. One Swallow makes no Summer; nor this example, a generall president to …inde all men.

The third reason is thi…, Saints forci…le resistance of Tyrants, begets civill warres, p. 134Object 13.great disorders, and kkDr. Ferne, Sect. 3, 4. and others.many mischiefs in the State: Ergo, It is unlawfull, and inconvenient.

I answer,Answ. First, That this doctrine of not resisting Tyrants in any case, is farre more pernicious, destructive to the Realm then the contrary; because it deprives them of all humane means, and possibilities of preservation; and denies them that speciall remedy which God and nature hath left them for their preservation: Laws, denyall of Subsidies, and such like remedies prescribed by Doctor Ferne, being no remoraes or restraints at all to armed Tyrants; Wherefore I must tell thee Doctor, Theologorum utcunque dissertissimorum sententiae, in h…c controversia non sunt multo faciendae, quia quid sit Lex humana ipsi ignorant, as Vasquius controvers. Illustr. 81. 11. determines.

Secondly, The knowledge of a lawfull power in Subjects to resist Tyrants, will be a good means to keep Princes from Tyrannicall courses, for fear of strenuous resistance; which if once taken away, there is no humane bridle left to stay the Inundation of Tyranny in Princes or great Officers; and all Weapons, Bulwarks, Walls, Lawes, Armes will be meerly uselesse to the Subjects, if resistance be denyed them, when there is such cause.

Thirdly, Resistance only in cases of publike necessity, though accompanied with civill warre; serves alwayes to prevent farre greater mischiefs then warre it self can produce, it being the only Antidote to prevent publike ruine, the readiest means to preserve endangered, to regaine, or settle lost Liberties, Laws, Religion, as all ages witnesse; and to**Seditiones nonfacit, sed tollit quiever …orem Patriae, publicaeque disciplinae co…rcerit, Vindiciae. contr. Ty…n. p 145. prevent all future Seditions and Oppressions.

Fourthly, Desperate diseases, have alwayes desperate remedies, Malo nod…, malus cuneus: When nothing but a defensive warre will preserve us from ruine and vassalage; it is better to imbrace it, then hazard the losse of all, without redemption. Ex duobus malis minimum. All Kingdoms, States in cases of necessity, have ever had recourse to this as the lesser evill; and why not ours as well as others.

The last (and strongest Objection as some deem it) is the sayings if some Fathers backed with the examples of the primitive Christians, to which no such satisfactory answer hath hitherto been given, as might be.Object.

The first and grandest Objection against Subjects forcible resistance,Authority 1. and defensive warre, is that speech of Saint Ambrose, Lib. 5. Orat. in Auxentium. Coactus repugnare non audeo: dolere potero, potero fler…, potero gemere: adversus arma, milites, Gothos, Lachrymae meae arma sunt: talia enim sunt munimenta sacerdotum: ALITER NEC DEBEO, NEC POSSVM RESISTERE.

This chiefe Authoritie,Answ. though it makes a great noise in the world, if …olidly scanned, will prove but Brutum fulmen; a meer scar-crow and no more.

For first, Ambrose in this place speaks not at all of Subjects resisting their Princes, or Christians forcible resisting of the persecuting Romane Emperours; but of resisting Valentin…, and the Arms and Souldiers of the Gothes, who at that timellSee Orosi…, Eutropius, Paulu… Diaco…us, Grimston, and others. over ran Italy, and sacked Rome, being mortall Enemies to the Romans, the Roman Emperour…, Saint Ambrose, and Millain where he was Bishop.

This is evident by the expresse objected words: I can griev…, I can weep, I can mourn, (to wit for the wasting of my native Country Italy, by the Invading p. 135Enemies the Gothes:) against Armes, Souldiers, GOTHES (marke it) my tears are Weapons, &c. If any sequell can be hence properly deduced, it must be that for which themmSee Lucas Osiander E… chir Contr. cap. 9. de Magistratu. polit. Anabaptists use it (from whence our Opposites, who tax the Parliaments Forces for Anabaptists, when themselves are here more truly such, and fight with this their weapon.) That it is unlawfull for Christians to fight, or make so much as a defensive warre against invading Forraign barbarous Enemies, of whom this Father speaks: And then if the Irish Rebels, Danes, Spaniards, French, should now invade England, both against the Kings and Kingdoms Wills, we must make no forcible resistance at all against them with Arms in point of conscience, but onelyonly use prayers and teares.

This is the uttermost conclusion which can properly be hence deduced; which our Antagonists will confesse to be at least erronious, Anabaptisticall, if not Hereticall.

Secondly, You must consider who it was that used this speech; Ambrose, a 2Minister, then Bishop of Millain; who by reason of this his function being an Ambassadour of Peace; had his hands bound from fighting with any other weapons, even against invading forraign Enemies, but only with the sword of the spirit, prayers and tears: and that his calling only, was the ground of this his speech; is infallible by the latter clause thereof, which our Opposites cunningly conceale. Prayers are my Armes: For such are the Defensive Armour OF PRIESTS; Otherwise I NEITHER OVGHT NOR CAN RESIST: Why so? Because he was a Minister, a Bishop; and Paul prohibites such to be STRIKERS, Tit. 1. 7. 1 Tim. 3. 3. and because Priests under the Law did but blow the Trumpets, and never went out armed to the warres, Iosh. 6. Upon which groundnnGratian Distinct 5. & Causa. 23. qu 8. Aquinas. 2. 2. qu. 40. Artic. 2. Silu. de Bello, p 3. Grotius de Iur. Belli. l. 1. c 5. se…t. 4. p. 98. Nicetas Chro. l. 6. Divers Councells, Decretalls, Canonists, expresly prohibit, and exempt Priests and Bishops, from bearing Arms, or going to Warre, though many of them have turned ooSee W…ls…ngham. hist. Angliae p. 312. to 330.great Souldiers, and been slain in warres.

Hence Anno 1267, in a Parliament held at Bury, K. H. 3^d. and Ottobon the Popes Legat, demanded of all the Bishops and Clergy men, holding Barronies or Lay-fees, that they should go personally armed against the Kings enemies, or finde so great service in the Kings expedition, as appertained to so much Lands and Tenants. To which they answered, That THEY OUGHT NOT TO FIGHT WITH THE MATERIALL SWORD; (no not against the Kings Enemies) But with the spirituall; to wit, with humble and devoute tears and prayers, (using these words of Ambrose:) And that for their benefices they were bound to maintain Peace, NOT WARRE.ppContin Mat. P…is, p. 971.

Hence our King qqR…ger de Hoved. Annal. pars post. p. 768. to 778. Neubrigensis, hist. l. …5. c 21.Richard the first, taking the Bishop of Beauvoyes in France, his great Enemy, armed from top to toe, prisoner in the field; commanded him to be strictly kept in prison in his arms, and would by no means suffer him to put them off: for which hard usuage he complained to the Pope, and procured his letter to King Richard to free him from his arms and restraint; in which Letter, the Pope sharply reproves the Bishop for preferring the secular warfare before the spirituall, in that he had taken a Speare insteed of a Crosier; an Helmst in liew of a Miter; an Habergion insteed of a white Rochet; a Target in place of a Stole; an Iron-sword, insteed of a spirituall sword. After which, the King sent his Arms with this Message to the Pope: See whether this be thy sonnes Coat or not? Which the Pope beholding, answered: No p. 136by Saint Peter, It is neither the apparell of my sonnes, nor yet of my Brethren, but rather the vesture of the sonnes of Mars. And upon this ground rrAntiqu: Eccles. Brit. p. 299. 300. 10. E 4. 6. Stamford, f. 153Our Bishops anciently, when Members of Parliament, departed the house when Cases of Treason or Felony came in question, because they might not by the Canons, have their hands in bloud.

This then being Ambrose his direct words and meaning, That he neither ought, nor could use any other Weapons against the invading Gothes, and their forces, but prayers and tears; **See Io: Maio… in 4. Scot. Disc. 15.because he was a Minister, not a Bishop, a Lay-man; The genvine Argument that our opposites can thence extract, is but this. Priests must use no other Defensive Arms, but prayers and tears, against invading forraign Enemies. Ergo, The Priests and Ministers in his Majesties Armies, who bear Offensive Arms, must now in conscience lay them down, and use no other resistance, but prayers and tears against the Parliaments forces: where as their former inference against resistance: Ergo, It is altogether unlawfull for the Parliament, or any Lay-Subjects by their command, to defend Religion, Laws, Liberties, against his Majesties invading forces, who intend by force to subvert them; is but ridiculous nonsence, which never once entred into this Fathers thoughts, and can never be extorted from his words.

Ministers of the Gospel must not use any Arms, but prayers and tears to resist a forraigne Enemy: Ergo, None else may lawfully use them to withstand an invading adversary; is a conclusion fitter for Anabaptists then Royallists, who may now with shame enough, for ever bid this authority adieu; with which they have hitherto gulled the ignorant World: And henceforth turn it against the Commission of Array, enjoyning Bishops, and Clergy men, to array and arme themselves as well as other men, as the Presidents cited in Iudge Cooke his Argument against Ship-money; in the Parliaments two Declarations against the Commission of Array; and in the Answer published in the Kings name, to the first of them, plentifully evidence.

3Finally, Hence I infer, That Clergy men may, and must fight against their invading Enemies with prayers, tears, the Weapons which they may lawfully use as proper for their callings. Ergo, Lay-men may, and must resist, and fight against them with corporall Arms, since they are as proper for them in cases of needfull defence, as these spirituall Arms are for Priests.

The second Authority Authority 2.is that of ssAn appeal to thy conscience. p. 28. Grotius de Iure Belli, l. 1. c. 4. sect 4. p. 83.Nazienzen. Oratio. 2. in Julianum. Repressus of Iulianus Christianorum lachrymis, quas mult as multi profuderunt. HOC VNUM or Solum (as Grotius translates it) adversus persecutionem medicamentum habentes: To which I shall adde by way of supply this other passage. Nos autem; quibus NVLLA ALIA ARMA, nec muri, nec praesidia, praeter spem in Deum, reliqua erant: Vtpote OMNI HVMANO SVBSIDIO PRORSVS DESTITVTIS ET SPOLIATIS, quem tandem alium aut precum auditorem, aut inimicorum depulsor…m habituri eramus, q…am Deum Iacob, qui adversus superbiam jurat. From whence they conclude, that Christians must use no other weapons but prayers and tears, against Tyrants and oppressors.

p. 137To which I answer.Answ. 1. First, that it is cleare by this, that Christians may use prayers 1and teares against Tyrants and oppressors.

Secondly, that these are the most powerfull prevailing Armes both to resist and 2conquer them. This the opposites readily grant. Therefore by their own confession, Christians both may and must resist tyrants by the most powerful & effectual means that are. Tyrants therefore are not the higher Powers, Kings, Rulers, which Paul and Peter in the fore-objected texts, enjoyne men under paine of damnation to be subject and obedient to for conscience sake, and no waies to resist; since they may resist them with the powerfullest armes of all others, prayers and teares.

Thirdly, if they may be lawfully resisted with these most prevailing armes notwithstanding 3Pauls & Peters objected inhibitions, then à fortiori they may be with corporall, which are lesse noxious and prevalent; he that may with most successeful meanes resist, vanquish, and overcome his tyrannizing oppressing Soveraigne, may likewise doe it by the lesse noxious Armes. If Christians may repulse and subdue a Tyrant with their Prayers, Teares, then why not with their Swords? Doth God or the Scripture make any such distinction, that we may and must resist them under paine of damnation, with these kind of weapons; and shall it be no lesse then Treason, Rebellion, Damnation to resist them with the other? what difference is there in point of Allegiance, Loyalty, Treason, Conscience, to resist an oppressing tyrannizing Prince and his Forces with a Praier, or with a Sword? with a Teare, or with a Speare? Are they not all one in substance? By the Statutes of 26 H. 8. c. 13. 1 E. 6. c. 14. 5 E. 6. c. 11. 1 Eliz. c. 6. 13 Eliz. c. 1. words against the King delivered even in Preaching, are made and declared to be high Treaeson, as wel as bearing Armes, and striking blowes; yea, the Statute of 1 & 2 Ph. & Ma. 6. 9. makes certaine prayers against this persecuting Queen, high Treason; and by the Statute of 25 E. 3. c. 2. it is high Treason for any man to COMPASSE OR IMAGIN the death of the King, Queen, Prince, ttThe Christians then stiled Iulian, Idolianus, Pisaeus, Adonaeus, Tauricremus, alter Hieroboam, Achab, Phar…o, &c. Nazianzen, Orat. 47. & 48. in Iulianum.as wel as to slay or leavy warre against them. If then we may, by the Objectors confession, the practises and examples of the Primitive Christians, against Iulian and others, fight with our Tongues, Prayers, Teares, Imaginations against our Soveraignes, who turne Tyrants and Persecutors; and thereby suppresse, conquer, confound them, of which none make scruple, though our Statutes make it no lesse then high Treason in some cases; then questionlesse they may by the selfe same reason and ground, resist them with open force, notwithstanding any inhibition in Scripture. We may not, must not resist any lawful King or Magistrate in the just execution of his office, so mush as with a repugnant wil, thought, prayer, teare: we may, yea must resist an oppressing, persecuting Tyrant with all these; therefore with any other Armes. meanesvvExodus, Samuel, Kings, Chronicles, Numbers, Iudges and the Booke of Psalmes every where almost. Hezekiah, David, Moses, Abijah, Asa, resisted their invading enemies, and conquered them with their prayers; but yet they provided to repulse and vanquish them with other externall Armes. The Christians resistance and vanquishing their Emperour Iulian with the one, is an infallible argument, they might doe it with the other too, there being no such distinction in the objected Scriptures, that we may fight against and resist them with our prayers, teares, not armes.

Fourthly, this Father saith not, that it was unlawful for the Christians to use any 4other weapons but teares against Iulian, the onelyonly thing in question. No such …yllable in the Oration, but onelyonly, that they had no other Armes to resist and conquer him with, being utterly destitute and spoyled of all other humane helpe. Therefore their p. 138want of other Armes and helpe,**See Zozimen. l. 5. c. 2. Non Gentiles solum, &c. not the unlawfulnesse of using them, had they had them, was the onelyonly ground they used prayers and teares, not a… me…. To argue then, those who are destitute of all Armes, but prayers and teares, must use them onelyonly: Ergo those who have other Armes besides prayers and teares, may not lawfully use them to resist a Tyrant, is but Scholastical Nonsence; yet this is the very uttermost this authority yeelds our opposites. In one word, this Father informes us, that this Apostate EmperourxxOratio. 1. in Iulianum p. 760. Iulian, would not make open warre at first upon the Christians, because this would altogether crosse the end he aimed at: (marke the reason) Nos enim, si vis inferatur, acriores obstinatioresque futures, ac tyrannidi obnixum pietatis TUENDAE STUDIUM OBJECTUROS cogitavit. Solent enim fortes & generosi animi, ei QUI VIM AFFERRE PARAT CONTUMACITER OBSISTERE, non secus ac flamma, quae a vento excitatur, quo vehementius perflatur, eo vehementius accenditur. Which argues, that the Christians would have forcibly resisted him, had he at first with force invaded them; therefore he weakened, subdued, disarmed them first by policy; and then fell topersecute them with force, when they had no meanes of resistance left.

The third authorityAuthority 3. is that ofyyAppeale to thy conscience, p. 28, 29. Bernard, Epist. 221. to King Lewis of France, Quicquid vobis de Regno vestro, de animâ & coronâ vestrâ facere placeat, NOS ECCLESIAE FILII, matris injurias, contemptum, & conculcationem omnino dissimulare non possumus. Profecto STABIMUS ET PUGNABIMUS USQUE AD MORTEM (si ita oportuerit) pro matre nostrâ ARMIS QUIBUS LICET, non scutis & gladiis, SED PRECIBUS ET FLETIBUS AD DEUM. Therefore it is unlawfull for Christians to resist with force of Armes.

I answerAnsw. 1. first, that Bernard was both a Monke and Clergie-man, prohibited by Scripture and …undry Canons to fight with military Armes against any person or enemy whatsoever; and he utters these words of himselfe, as he was a Clergie-man, servant, and sonne of the Church; in the selfesame sence as Saint Ambrose did before. It was then onelyonly his Calling, not the cause which prohibited him forcibly to resist King Lewis.

2Secondly I answer, that this authority is so farre from prohibiting resistance of oppressing Princes, endeavouring with force of Armes to subvert Liberties, Lawes, Religion; that it is an unanswerable proofe for it, even in our present case: King Lewis to whom Bernard writes, had then raised a civil warre in his Realme against Theobald and others who desired peace; which the King rejecting, Bernard doth thus reprehend him in the premisses. Verum vos nec verba pacis recipitis; nec pactae vestra tenetis, nec sanis consiliis acquiescitis. Sed nescio quo Dei judicio, omnia vobis ita vertitis in perversum, ut probra honorem, honorem probra ducatis; tuta timeatis, timenda contemnatis; & quod olim sancto & glorioso Regi David, Ioab, legitur exprobrasse; diligitis eos qui vos oderunt, & odio habetis qui vos diligere volunt. Nota.N…que enim qui vos instigant priorem iterare maliciam adversus non merentem, quaerunt in hoc honorem vestrum, sed suum commodum, imò nec suum commodum, SED DIABOLI VOLUNTATEM; ut Regis (quod absit) potentiam concepti fur…ris h…beant effectricem; quem suis …e posse adimple…e viribus non confidunt; INIMICI CORONAE VESTRAE, REGNI MANIFESTISSIMI PERTURBATORES. (Our present case, in regard of the Kings evil sedu…ing p. 139Counsellors.) Then immediately followes the objected clause, At quicquid vobis, &c. After which he gives him this sharpe reproofe. Non tacebo quod cum excommunicatis iterare faedus & societatem nunc satagis, quod in n…cem hominum, combustionem domorum, destructionem Ecclesiarum, dispersionem pa…perum raptoribus, predonibus (sicut dicitur, adhaeretis; juxta illud Prophetae zzPs. 49.Ps 49si videbas furem curre…as cum eo, &c. quasi non satis per vo… mala facere valeatis. Dico vobis, non erit diu inultum, si haec ita facere pergitis. &c. Here this holy man prohibited by his orders to fight against this King, his Soveraigne with his Sword; fights strongly against and resists his vio…ence with his Penne. And although he may not use a Sword and Buckler in respect of his calling to defend his mother the Church against him: yet he is so farre from yeelding obedience to and not resisting him, according to Pauls and Peters pretended injunctions, that he expresly tels him to his face, That HE WOULD STAND AND FIGHT AGAINST HIM EVEN UNTO DEATH (…f there were need) with such weapons as he (being a Monk and Minister) might use, to wit, with Prayers and teares, though not with Sword and Buckler; which were more prevalent with God against him then any other Armes. So that he resists him in the very highest straine that may be; and clearely admits, that Laymen who might lawfully use Swords and Bucklers, might with them justly defend the Church in standing and fighting for it against him even to death, as well as he might doe it with prayers and teares, his proper Armes: Which answers that objection out of his 170. Epistle, written to the same King; and his 183 Epistle to Co… rade King of Roman; where he subjects these Kings to the Pope, who… he adviseth them to obey; and reprehends them for their misd…eanours, notwithstanding that text of Rom. 13 which he there recites.

The fourth authority, Authority 4.is the example of the primitive Christians, who submitted themselves willingly to their persecuting Emperours; without resistance in word or deed. aaDr. Fern…, The necessity of subjection. An Appeale to thy Conscience. Bishop Mort…n, Hugo Grotius, and others.For proofe whereof, severall passages are recited out of Fathers, which I shal co…j…yne: the first is out of Tertullian his Apologeticus. Quoties exim in Christianos desaev…tis, partim …nimis propriis, partim l…g…bus obseque…tes? Quoties etiam praeteritis à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus & incendiis? Ipsis Bacchanalium furiis, nec mortuis parcunt Christianis, qu… illos de requie sepultu…ae, de asylo quodam mortis, jam alios, jam nec totos avellant, dissecent, distrahant? quid tamen de tam conspiratis unquam denotatis, de tam animatis ad mortem usque pro injuria repensatis? quamvis vel unae nox pauculis f…culis largitatem …ltionis posset operari, si malum malo dispu…gi, penes nos liceret. Sed absit ut aut igni humano vindicetur divina secta; aut doleat pati, in quo probatu…. Si… e im in hostes exortos non tantum vindices occultos agere vellemus, de sset nobis vis numerorum & copiarum? Plures nimirum Mauri & Marcomanni, ipsique Parthi, vel quantaecunque, unius tamen loci & suorum finium gentes, quàm totiùs orbis? Externi sumus & vestra omnia implevimus, urbes, insulas, castella, municipia, conciliabula, castra ipsa, tribus, decurias, palatium, senatum, forum, sola vobis relinquimus templa. Cui Bello non idonei, non prompti fuissemus, etiam impares copiis, QUI TAM LIBENTER TRUCIDAMUR? Si non apud istam disciplinam MAGIS OCCIDI LICERET, QUAM OCCIDERE. Potuimus & inerm…s, NEC REBELIES, sed tantummodo discordes solius divortii invidia adversus vos dimic…sse. Si enim tanta vis hominum, in aliquem orbis remoti sinum abrupissemus p. 140â vobis, suffudisset utique damnationem vestram tot qualiumcunque amissio civium, imò etiam & ipsa institutione punisset: proculdubio expavissetis ad solitudinem vestram, ad silentium rerum, & stuporem quendam quasi mortui urbes quaesissetis quibus imperaretis. Plures hostes, quàm cives vobis remanisissent, nunc enim pauciores hostes habetis prae multitudine Christianorum, penè omnium civium. Which S. Cyprian (Tertullians imitator) thus seconds, Laedere Dei & Christi servos persecutionibus tuis desine, quos laesos ultio divina defendit. Inde est enim quod nemo nostrum quando apprehenditur,Ad Demetrianum liber. reluctatur, nec se adversus injustam violentiam vestram quamvis nimius & copiosus noster sit populus, ulciscitur. Patientes facit de secutura ultione securitas. Innocentes nocentibus ce…unt. …Insontes poenis & cruciatibus acquiescunt, certi & fidentes, quod in ultum non remaneat, quodcunque perpetimur, quantoque major fuerit persecutionis injuria,ccLib. 5. tantò & justior fiat & gravior pro persecutione vindicta. Which Lactantius thus trebles. Confidimus enim Majestati ejus qui tam contemptum sui possit vlcisci, quam servorum suorum labores & injurias. Et ideo cum tam nefanda perpetimur, ne verbo quidem reluctamur, sed Deo remittimuus ulti…nes.ddDe Civit. Dei, lib. 22. Saint Augustine relates the same in these words, Neque tunc Civitas Christi quamvis ad huc peregrinaretur in terra, & haberet tam magnorum agmina populorum, adversus impios persecutores, pro temporali salute pugnavit, sed potius ut obtineret aeternam, non repugnavit: ligabantur, includebantur, caedebantur, torquebantur, urebantur, lani…bantur, cruciabantur, & multiplicabantur. Non erat iis pro salute pugnare, nisi salutem pro salute contemnere. The summe of all these Fathers sayings (which I have largely cited, because I would conceale nothing that might be materially objected) is this: That the Christians in the primitive Church, though they were many in number, and sufficiently able to defend themselves against their persecuters by force of Armes, did yet refuse to doe it, yeelding themselves up to any tortures, punishments, deaths, without the least resistance in word or deed; Ergo, the Parliament and Kingdome ought now to make no resistance at all against the Kings popish Army and Cavaliers, but to expose themselves to their cruelties and rapines, without the least resistance in word or deed.

Because this objection stickes most with many Schollars, Statists, and tender consciences, I shall endeavour to give a satisfactory answerAnswer. to it, without any shifting evasions, or questioning the truth of Tertullians, and Cyprians assertions, concerning the multitude and strength of the Christians, and their ability to resist, which some have takeneeMr. Goodwin his Anti-cavalierisme, Scripture and Reason for defensive Armes. great paines to re…ute.

1First, then I say, that neither of all these Fathers say, That the primitive Christians held it unlawfull, muchlesse damnable, in point of conscience for them to resist their persecuting enemies, no such syllable in any of them. And Tertullians, Si non apud istam disciplinam MAGIS OCCIDI LICET QUAM OCCIDERE, by way of necessary defence, implies no such thing, but rather proves the contrary, that resistance is lawfull, because it is lawfull to be slaine as a martyr; therefore in this case to slay. So as there is nothing in these authorities in point of conscience to condemne the Parliaments present resistance, and defensive warre, as unlawful.

2Secondly, they all seeme to grant, that the Christians deemed resistance even by force of Armes to be lawfull for them, though they used it not; no Text of Scripture prohibiting, but allowing it, and these Fathers producing no one text which truly condemnes it; this being the very summe of their words. That though the p. 141Christians were exceeding many in number, of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters, and had full liberty and no restraint upon them in point of Conscience either to withstand their persecutors with Armes, or to withdraw themselves from under the jurisdiction of their persecuters into remote parts, to the great weakning and losse of the State: yet such was their patience, innocency, and desire of Martyrdome, that they resisted not their Adversaries with force, nor retired, nor fled away from under their obedience, but cheerfully without the least resistance by word, deed, or thought, yeelded up their Bodies, Liberties, Lives, to the cruelties of their Enemies, to obtaine that Crowne of Martyrdome which they desired, and to offer up themselves a voluntary freewill oblation to the Lord, who would certainly avenge all their wrongs. This is the sum of all these Authorities, which evidence resistance lawfull in it selfe, and to these Christians too in their owne judgements and resolutions, though the desire of Martyrdome made them freely to forbeare it. These Examples and Authorities therefore abundantly corroborate, and no wayes impeach our cause.

Thirdly, their examples of not resisting Persecuters, being rather voluntary, then 3enjoyned, out of a longing desire to be Martyrs, and an assurance of divine vengeance to be executed on their Persecuters, is no restraint nor ground at all for other Christians, now not to use any forcible resistance, it being a grosse inconsequent to argue: The Primitive Christians voluntarily refused to defend themselves with force of Armes against their Persecuters, though they were not bound in point of Conscience from such resistance, and had both liberty and power to resist. Ergo, Christians in point of Conscience ought not to make any forcible resistance against oppressing Lords and Persecuters now: For then this their voluntary choice and election should deprive all following Christians of that ability of defence which both themselves then had, and since enjoy by Gods and Natures Law. Yet this is all the argument which can be ingeniously framed from these Authorities and Examples; the absurdity whereof I shall thus further illustrate from like Precedents: We know, first, ThatffSee Socrat. scholast. Theod. Niceph. Eccles. Hist. Fox Acts and Monuments. Tertul. Apolog. & ad Martyres Cyprian ad. Martyrei. the primitive Christians, out of a desire of martyrdome, not only refused to resist, but to flee away from their Persecuters, when they might safely doe it; some of them holding it unlawfull and dishonourable to flee in such a case; by name Tertullian, in his booke De fuga in persecutione. Will our Opposites from hence inferre: Ergo, it is unlawfull for Christians not onelyonly to resist, but even to flee from their Persecuters, or his Majesties murdering, plundering Forces? Or for them selves to flee, not onelyonly from the Parliaments Forces, but Justice too, as many of them have done, yea, made escapes against Law to flee therefrom. If the Christians not fleeing, binde neither them, nor us, not to flee now, why should their not resisting onelyonly doe it? Secondly,ggSee Fox Acts and Monuments, Vol. 1. passim. The Primitive Christians ran to the stake of martyrdome, when they were neither accused, cited, persecuted by any, freely confessing themselves Christians, and rather desiring presently to die Martyrs, then live Christians, and reputing it worse then death not to be admitted to, or delaied the honour of being Martyrs, of which we have infinite Pre…idents in Ecclesiasticall Histories commonly known and over-tedious to recite. I shall onelyonly instance in Iulian the ApostateshhNazianz. Orat. 47. in I… lianum. Christian Souldiers: who being over-reached by him under colour of a largesse, to throw some Frankincense into a fire secretly kindled by the Emperour in honour of an Idol, they dreaming of no such thing, and doing it onelyonly as a meere complementall p. 142Ceremonie; as soon as they heard how the Emperour had over-reached them, and given out speeches that they had sacrificed to his Idol, presently rising from the feast prepared for them, in a …ury, infl…med with zeale and wrath, ran through the Market place, and cried out openly, Wee are Christians, Wee are Christians in minde; let all men heare it, and above all, God, to whom we both live and will also die. O Christ our Saviour, we have not broken our faith plighted to thee: If our hand hath any way offended, verily our minde followed it not at all; we are circumvented by the Emperours fraud with whose gold we are wounded. We have put off impiety, we are purged by blood. After which, posting speedily to the Emperour, and casting away their gold, with a generous and strenuous minde they exclaimed against him in this manner. O Emperour, we have not received gifts, but are damned with death. We are not called for our honour, but branded with ignominie. Give this benefit to thy Souldiers, kill and behead us unto Christ, to whose Empire onelyonly we are subject. Recompence fire for fire; for those ashes reduce us into ashes. Cut off the hands which we have wickedly stretched out; the feet wherewith we have perniciously run together. Give gold to others, who will not afterwards repent they have received it; Christ is enough, and more then sufficient unto us, whom we account in stead of all. The Emperour enraged with this speech, refused to slay them openly, lest they should bee made Martyrs, who as much as in them lay were Martyrs; but onelyonly banished them, revenging this their contempt with that punishment. Will it then follow from these memorable examples, That all true Christians now in England and Ireland must come thus and offer themselves voluntarily to the Popish Rebels and Forces (now in Arms to extirpate the Protestant Religion in both Kingdoms) or that the Members of both Houses must go speedily to Oxford to the King and h…s evill Counsellors, and there let them kill, hang, burne, quarter, slay, execute, torture them, subvert Religion, Laws, Liberties, Parliaments, without the least resistance? Or will our Opposites hence conclude (as they may with better Judgement and Conscience d…e) Ergo, all such persons voted Traitors and Delinquents in any kinde by both Houses of Parliament, ought now in point of Conscience (to avoid the effusion of blood and ruine of the Realm, through the civill warres they have occasioned) to lay down their Arms, and voluntarily resigne up themselves to the impartiall Justice of the Parliament, without any the least resistance for the future: If no such Doctrinall, or Practicall conclusions may be drawne from these their Precedents of voluntary seeking and rendring themselves up to the Martyrdome of their Opposites; then the unlawfulnesse of resisting cannot be inferred from this their non-resisting. Thirdly, how many cowardly Souldiers in all ages, and in this too, have volunta…ily yeelded up Forts, Castles, Ships, Armes, Persons, to their invading approaching enemies without fight or resistance? How many persons have resigned up their Purses to high-way theeves, their Lands to disseisors, their Houses, Goods to riotors, their Ships, Estates, Persons, to Turkish and other Pirats, without any resist…nce, when they might have lawfully and easily preserved them by resisting? Will it therefore follow, that all others must do so? that we must not fight against invading Enemies, Theeves, Pirats Riotors, beca…se many good Christians out of fear or cowardise, or for other reasons have not done it in all ages? I …ow not. Will the Jews refusi…g t…reessIos…ph. Antiq Iu. lib. 12. cap. 13. lib. 13. c. 12. l. 14 c. 8. Dion. Hist. 5…. Stra…o Greg. lib. 16. 1 Mac. 2. Dr. Heylen History of the …, p. 1. cap. 8.1 Macc 2 or four severall times to defend p. 143themselves against their insulting enemies on their Sabbath; or the ttFrancisci … carthagen… Regum. Hisp. Ae…ph. c. 44.Gothes not resisting their invading foes on the Lords Day; or will the Alexandrian Jewes example and sp…ech to Flaccus, Hugo Grotius de jure belli lib. 1. …ap. 4. Annos ad sect. 7. p. 95. & sect. 7. p 88 89.Inermes sumus ut vides, & tamen sunt qui nos tanquam hostes public…s hic crimina…tur. Etiam …as quas ad nostri tutelam partes d…dit natura, retrò vertimus ubi nihil habent quod agant, corpora praeb…mus nuda & patentia ad impetum eorum qui nos volunt occid re. Or that example of the ChristianxxSee Grotius ibid. Theban Legion, slain without the least resistance for their Religion: who as an ancient Martyriologer saith, Caed bantur passim g…adi is non reclamantes, sed & d… positis armis cervices persecutoribus vel intectum corpus offerentes: warrant this deduction. Ergo, no Christians now must resist their invading enemies on the Sabbath day, but must offer their naked bodi…s heads, throats, unto their swords and violence? If not, then these examples and autho…ities will no wayes prejudice our present resistance.

Fourthly, the Christians not onelyonly refused to resist their oppressing Emperours 4and Magistrates, who proceeded judicially by a kinde of Law against them, but even the vulgar people, who assaulted, stoned, slew them in the streets against Law, as Tertullians words, Quoties enim praeterit is à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus & incendiis, &c. manifest without all contradiction; and indeed this passage so much insisted on, relates principally, if not onelyonly to such assaults of the rude notorious vulgar, which every man will grant the Christians might lawfully with good conscience forcibly resist, because they were no Magistrates nor lawfull higher powers within Rom. 13. 1. 2. or 1 Pet. 2. 13, 14. Either then our Antagonist must grant, that it is unlawfull in point of Conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no Magistrates: and that it is unlawfull now for any Christians to resist Theeves, Pirats, or beare defensive Armes, as theyyLucas. Osiand. Enc…. contr cap. 9. Anabaptists (from whose quiver our Antagonists have borrowed this and all other shafts against the present defensive warre) and to make the primitive Christians all Anabaptists in this particular: Or else inevitably grant resistance lawfull, notwithanding their examples and these passages of not resisting. The rather, because Tertullian in the next preceding words, puts no difference at all between the Emperour and meanest Subjects in this case; Idem sumus (saith he) Imperatoribus, qui & vicinis nostris malè enim velle, malè facere, malè dicere, malè cogitare de quoquam ex aequo vetamur. Quodcunq…e non licet in Imperatorem id n…c in quenquam.

Fifthly, admit the Christians then deemed all forcible resistan…e of persecuters 5simply unlawfull in point of Conscience, as being a thing quite contrary to Christian profession and Religion; then as it necessarily proves on the one side, That even Christian Kings, Princes, Magistrates, must in no wise forcibly resist the tumultuous Rebellions, Insurrections, and persecutions of their Subjects, because they are Christians as well as Rulers, and in this regard equally obliged with them not to resist with Armes; much lesse then their Parliaments Forces lawfully raised for the publike defence. So on the contrary part it follows not, that therefore resistance is either unlawfull in it selfe, or that the Parliaments present resistance is so. For first, such resistance being no where prohibited (as I have formerly proved) their bare opinion, that it was unlawfull to them, cannot make it so to them, or us in point of conscience, since God hath not made or declared it so. Secondly, the p. 144primitive Christians held many things unlawfull in point of Conscience, which we now hold not so.zzDe corona Militis. Tertullian and others informe us, That the Christians in his time thought it a hainous sinne (N…fas) to pray kneeling on the Lords day, or between Easter and Whitsontide (and so by consequence to kneele at the Sacrament) praying alwayes standing on those dayes in memory of Christs resurrection. Which custome was ratified also by manyaaSurius Concil. tom. 1. p. 347. tom. 2. p. 105 2. tom. 3. p. 324. 277. Councels: Yet then it was lawfull no doubt in it selfe for them to pray kneeling, and we all use the contrary custome now. The Christians then held it unlawfull, to eat blood in puddings, or any other meats, as bbApologet.Tertullian,ccOctavius. Minucius Felix testifie, and many ddConcil. Constant. 6. can. 76. Surius tom. 2. p. 1050.Councels expressely prohibited it since, as unlawfull: Yet all Churches at this day deem it lawfull, and practise the contrary. The Christians in Tertullians dayes, and he himselfe in a speciall Book, De fuga in persecutione, held it unlawfull to flee in times of persecution, and therefore they voluntarily offered themselves to martyrdome without flight or resistance. Yet we all now hold flying lawfull, and all sorts practise it as lawfull; yea many more then they ought to doe. I might give sundry other instances of like nature: The Christians opinion therefore of the unlawfulnesse of any armed resistance of Persecuters publike or private (held they any such) though seconded with their practice, is no good argument of its unlawfulnesse, without better evidence, either then, or at this present. Thirdly, the case of the Primitive Christians and ours now is far different; The Emperours, Magistrates, and whole States under which they then lived were all Pagan Idolaters, their Religion quite contrary to the Laws and false Religions setled in those States: There were many eeTertud. Apolog. Eusebius, Socrates, scolasticus, Hist. 1.Laws and Edicts then in force against Christian Religion, unrepealed: most Professors of Religion were of the lowest ranke,ffCot. 1. 26, Iohn 7. 48.John 7:48 not many wise, Noble, mighty men, scarce any great Officer, Magistrate, or Senator, was of that profession, but all fierce enemies against it: For Christians, being but private men, and no apparant body of a State, to make any publike forcible resistance in defence of Religion against Emperours, Senators, Magistrates, Lawes, and the whole State wherein they lived, had neither been prevalent nor expedient; a great hinderance and prejudice to Religion, and as some hold, unlawfull. But our present case is far otherwise; our King, Parliament, State, Magistrates, People, are all Christians in externall profession, our Protestant Religion established, Popery excluded, banished by sundry publike Lawes; the Houses of Parliament, and others now resisting, are the whole body of the Realme in representation, and have authority, even by Law, to defend themselves and Religion against invading Popish Forces: In which regards our present resistance is, and may cleerly bee affirmed lawfull, though the primitive Christians, in respect of the former circumstances, might not be so. Secondly, their resistance, (especially of the Magistrates not vulgar rabble) if made, had been onelyonly, singly for defence of their Religion then practised but in corners, publikely condemned, no where tolerated: Our present war is not onelyonly for defence of our Religion established by Law, and to keep out Popery, but for the preservation of Laws, Liberties, the very essence of Parliaments, the safety of the Realme, and that by authority of Parliament, the representative body of the Realme. The Parliaments defensive warre, therefore, upon these politicke grounds is just and lawfull, though the Primitive Christians, perchance in defence of Religion onelyonly, as its case then stood, would not have been so: even as the Roman Senators and p. 143States resisting of Nero, or any other Tyrannicall Emperors violations of the Laws, Liberties, Lives, Estates of the Senate, people, were then reputed just and lawfull, though the Christians defence of Religion would not have been so esteemed in those times. And thus I hope I have sati…factorily answered this objection without shifts or evasions, and rectified these mistaken Fathers meanings, with which our Opposites have seduced the illiterate over-credulous vulgar.

I have now (through Gods assistance) quite run through all Obiections of moment from Scripture, Reason, Fathers, against the lawfulnesse of the Parliaments present defensive war, and discovered divers grosse errors, yea, Impostures in our Opposites writings, wherewith they have perverted many mens Consciences, and cheated the ignorant seduced world: I shall therefore here adjure them in the presence of Almighty God, as they will answer the contrary before his Tribunall at the Day of Iudgement, seriously to consider these my answers, and publikely to retract those their Errors, false grosse mis-interpretations, perve…sions of Scriptures, Authors, which I have here discovered. And since they pretend nothing but the satisfying and keeping of a good ggDoctor Fern… Resolving of Conscience, An Appeal to thy Conscience, The necessitie of Christian subiection, &c. all plead conscience.Conscience in & by others, concerned in this Controversie; to shew a syncere ingenuous Conscience therein themselves where they have been mistaken, since the contestation pretended, is not for Victory, Time-serving, or Self-seeking; but for Truth, Gods glory, and the publike weal: and if I have over-shot my self in any thing, I shall promise them a thankfull acknowledgement, and ready paline dy upon their information and conviction of any apparent oversights, I may casually fall into.

Now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive Arms against their Soveraigns, bent to subvert Religion, Laws, Liberties, the Republike, or deem it is a late upstart Novelty, I shall conclude this discourse with such personall, naturall and publike authorities, as they shall not be able to balance with counter-resolutions; in which I shall be as brief as I may be.

For personall Authorities, I shall not be ambitious to remember many, especially Papists, whose common, constant received opinion, and practise hath alwayes been and yet is, hhSee part. … 1. p. 4. 6.That Subjects upon the Popes command alone, and absolution of them from their Soveraigns allegiance, may and ought to take up even offensive Arms against their owne naturall Princes excommunicated, interdicted, deposed, or onelyonly declared contumacious, Schism…ticall or Hereticall by the Pope, without, yea, against their Kingdoms, Parliaments privities or consents, much more then with their approbation. What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa. 15. Quaest. 6. and Causa. 23. in the very Oath of Supremacie, and Statut, of 3. Iacobi, ch. 4. which prescribes it, in Bishop Iewels view of a seditious Bull, in Doctor Iohn W…ite his Defence of the way, Chap. 6. & 10. in Abbas Vsper ge…sis, Sabellicus, Valateranus, Grimston and others, in the Lives of the Roman and German Emperours; in Aventine his Annalium Boyorum, the Generall and Particular Histories of France, Sparn, Germany, Italy, Sicily, Hungary, England; in Bishp Bilsons third part of the True Difference between Christian Subjection and unchristian Rebellion. In su…dry Sermons on the fift of November, to which I shall refer you: In Pope Paschal his letter to Robert Earl of Flanders, about the year of our Lord, 1107.**Bochellus Decret. Eccl. Gal. … ▪ 5. Tit. 5. c. 8. p. 75…. exorting him to war against those of Leige, Henry the Emperour and his Assistants, wheresoever he should finde them, excommunicated and deposed as an Heretike and enemy to the Church; telling him, that he could not offer a more gratefull p. 144sacrifice to God, then to ware against them; concluding, Hoc tibi & Militibus tuis in peccatorum remissionem, & Apostolicae sedis familiaritatem praecipimus, ut his laboribus, & triumphis ad Coelestem Hierusalem, Domino praestante, pervenias: Which Let er was excellently answered by those of Leige. And in the **Bochellus Decret. Eccles. Gall. l 5. Tit. 5… c. 5. p▪ 757, 758. Nich. Gilles▪ Annals of France.Councel of Towres in France, under Lewes the twelfth, Anno 1510. it was unanimously resolved by the Church of France, That if the Pope did make war upon temporall Princes, in lands which they held not of the patrimony of the Church, they might lawfully by force of Arms resist and defend both themselves and others; & not only repulse this injury, but likewise invade the lands of the Church, possessed by the Pope their notorious enemy, not perpetually to retain, but to hinder the Pope from becomming more strong and potent by them, to offend both them and theirs. And that it was lawfull for such Princes, for such notorious hatred and unjust invasion to withdraw themselves from the Popes obedience, and with armed force to resist all censures denounced by the Pope against them, their subjects and Confederates, and that such sentences ought not to be obeyed, but are mear nullities in law, which obliege no man. Yet I must inform you further in brief, that Iohn Maior a Popish Schoolman in Lib. 4. Sentent. (as Grotius writes) affirms. That the people cannot deprive themselves of the power, not onelyonly of resisting, but deposing Kings in cases which directly tend to their destruction; and that **De Potest Papae in Principes Christ. l. 4. c. 16.Iohn Barclay, a late Scottish Priest, though a strenuous defendor of Princes Prerogatives, expresly averres, That if a King will alienate and subiect his Kingdom to another, without his subiects …onsents, or be carried with atr…e hostile minde, to the dest…uction of all his people, that his Kingdom is thereby actually lost and forfeited, so as the people may not onelyonly absolutely resist, and disobey, but depose him, and elect another King: to which kkDe lure Belli. l. 1. c. 4. sect. 10, 11. p. 89 98.Hugo Gortius a Protestant, freely subscribes; and Iohn Bodin… …oweth of Subjects resistance, yea, deposing kings, in some Kingdoms absolutely, and in some cases generally in all; De Repub. l. 1. c. 10. l. 1. c. 5 & l. 5. c. 5. & 6. For Protestant personall authorities: we have Huldericus Zuinglius, Explanatio Articuli, 40, 41, 42, 43. Tom. 1. fol. 82. to 86. who allows not only Subiects actuall resistance, but deprivation of Kings, Where Princes set themselves to subvert Religion, Laws, Liberties; and that by the common consent of the States in Parliament, from whom Kings originally receive their Royall power and authority. Martin Luther, Bugenhagius, Iustus Ionas, Ambsdorfius, Sp…lotinus, Melancthon, Cruciger, and other Divines, Lawyers, Statesmen, Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases; Sleidan. Hist. lib. 8. 18, 22. David Chrytraeus, Chron. Saxoniae, l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto, p. 231. 232. 225 227, &c. A book intituled, De Iure Belli Belgici, Hagae, 1599. purposely justifying the lawfulnesse of the Low-countries defensive war. Emanuel Meteranus Historia Belgica, Praefat. & lib. 1. to 17. David Par…us, Com. in Rom. 13. Dub. 8. And. Quaest. Theolog. 61. Edward Grimston his Generall History of the Netherlands, l. 5. to 17. passim. Hugo Grotius de Iure Belli & Pacis, lib. 1. cap. 4. with sundry other forraign Protestant **Calvin Instit. l. 4. c. 20. sect 31. & in Dan▪ 6. v. 22. 25. Osiander in Epit. Centur. 9. & 17. Sharpii Sympho. p. 244. 246, 412. Vindicae contra. Cyannos.Dan 6:22Dan 6:25writers, both in Germany, France, Bohemia, the Netherlands and elsewhere; Ioh… Knokes his Appellation, p. 28. to 31. George Bucanon De Iure Regni apud Scotos, with many **See the ungarding of the Scottish Armor, p. 432. 34….Scottish Pamphlets justifying their late wars: Ioh. Ponet once B. of Winchester, his Book intituled, Politick Govern. p. 16. to 51. Alber. Gentilis de Iur, Belli, l. 1. c. 25. l. 3. c. 9. 22. M. Goodmans Book in Q. Ma. dayes, intituled, How superior Magistrates ought to be obeyed, c. 9. 13. 14. 16. D. A. Willet his Sixfold p. 145Commentary on Romanes 13. Quaestion. 16. & Controversie, 3. p. 588 589, 590, 608, &c.**Andin. l. Iud. 34, 55. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers, common in every mans hands, iustifying the …a…ulnesse of the present defensive War, whose Names I spare. And lest any should think that none but Puritanes have maintained this opinion, K. Iames himself in his Answer to Card. Perron, iustifieth the French Protestant taking up Defensive Arms in France. AndllThe true Difference, &c. part. …. p. 520, 521, 5. 2. Bish. Bilson (a fierce Antipuritane) not onelyonly defends the Lawfulnesse of the Protestants defensive Arms against their Soveraigns in Germany, Flaunders, Scotland, France; but likewise dogmatically determines in these words; Neither will I rashly pronounce all that resist to be Rebels; Cases may fall out even in Christian Kingdoms, where the people may plead their right against the Prince, AND NOT BE CHARGED WITH REBELLION, As where for example? If a Prince should go about to subject his People to a forreign Realm, or change the form of the Common-wealth from Impery to Tyrannie, or neglect the Laws established by Common consent of Prince and people, to execute his own pleasure. In these and other cases which might be named, IF THE NOBILITY AND COMMONS IOYN TOGETHER TO DEFEND THEIR ANCIENT AND ACCVSTOMED LIBERTY, REGIMENT AND LAWS, THEY MAY NOT WELL BE COVNTED REBELS. I never denied, but that the People might preserve the foundation, freedom, and forme of the Common-wealth, which they fore prised when they first consented to have a King: As I said then, so I say now, The Law of God giveth no man leave; but I never said, that Kingdoms and Common-wealths might not proportion their States, as they thought best, by their publike Laws, which afterward the Princes themselves may not violate. By superiour Powers ordained of God, (Rom. 13.) w… understand not onelyonly Princes, BVT ALL POLITIKE STATES AND REGIMENTS; somewhere the People, somewhere the Nobles, having the same interest to the sword, that Princes have to their Kingdoms, and in Kingdoms where Princes bear rule by the sword; we do not mean THE PRIVATE PRINCES WILL AGAINST HIS LAWS, BVT HIS PRECEPT DERIVED FROM HIS LAWES, AND AGREEING WITH HIS LAWES: Which though it be wicked, yet may it not be resisted of any subject, (when derived from, and agreeing with the Laws) with armed violence. Marry, when Princes offer their Subjects not Iustice but force, and despise all Laws to practise their lusts, not every, nor any private man may take the sword to redresse the Prince; but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rig…, and withhold him from doing wrong, THEN BE THEY LICENCED BY MANS LAW, AND NOT PROHIBITED BY GODS, to interpose themselves for safeguard of equity and innoce…cy, and by all lawfull AND NEEDFVLL MEANS TO PROCVRE THE PRINCE TO BE REFORMED, but in no case deprived where the Scepter is Hereditary. So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth, point-blank against our Novell Court-Doctors, and Royall…sts.

But that which swayes most with me, is not the opinions of private men, byassed oft-times with private sinister ends which corrupt their judgements, (as I dare say most of our Opposites in this controversie have writ to flatter Princes, to gain or retain promotions, &c.) But the generall universall opinion and practice of all Kingdoms, Nations in the world from time to time. Never was there any State or Kingdom p. 146under heaven from the beginning of the world till now, that held or resolved it to be unlawfull in point of Law or Conscience, to resist with force of Arms the Tyranny of their Emperours, Kings, Princes, especially when they openly made war, or exercised violence against them, to subvert their Religion, Laws, Liberties, State, Government. If ever there were any Kingdom, State, People of this opinion, or which forbore to take up Arms against their Tyrannous Princes in such cases, even for conscience sake, I desire our An…agonists to name them; for though I have diligently searched, inquired after such, I could never yet finde or hear of them in the world; but on the contrary, I finde all Nations, States, Kingdoms whatsoever, whether Pagan or Christian, Protestant or Popish, ancient or modern, unanimously concurring both in iudgement and constant practice, that forcible resistance in such cases is both iust, lawfull, necessary, yea, a duty to be undertaken by the generall consent of the whole Kingdom, State, Nation, though with the effusion of much blood, and hazard of many mens lives. This was the constant practise of the Romans, Grecians, Gothes, Moors, Indians, Aegyptians, Vandals, Spaniards, French, Britains, Saxons, Italians, English, Scots, Bohemians, Polonians, Hungarians, Danes, Swedes, Iews, Flemmins, and other Nations in former and late ages, against their Tyrannicall oppressing Emperors, Kings, Princes, together with the late defensive Wars of the protestants in Germany, Bohemia, France, Swethland, the …ow-countries, Scotland, and elsewhere, against their Princes, (approved by Queen Elizabeth, king Iames, and our present king Charles. who assisted the French, Bohemians, Dutch, and German Protestant Princes in those Wars, with the unanimous consent of their Parliaments, Clergy, people) abundantly evidence beyond all contradiction; which I have more particularly manifested at large in my Appendix, and therefore shall not enlarge my self further in it here: onelyonly I shall acquaint you with the…e five Particulars.

First, that in the mmSl…idan. 8. 18. 22. Bish. Bilsons Difference, &c. part. 3. p 518. Chytraeus Chron. Sax. l. 13. p. 376, &c.Germanes Defensive Wars for Religion, in Luthers dayes, the Duke of Saxonie, the Lantzgrave of Hesse, the Magistrates of Magd…burge, together with other Protestant Princes, States, Lawyers, Cities, Counsellors and Ministers, after serious consultation, concluded and resolved, That the Laws of the Empire permitted resistance of the Emperour to the Princes and Subjects in some cases, that defence of Religion and Liberties then invaded, was one of these cases; that the times were then so dangerous, that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS, and to make a League to defend themselves, THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM; That if the Emperour had kept his bonds and Covenants▪ they would have done their duties; but because he began first to make the breach, the fault is his: For since he attempteth to root out Religion, and subvert our Libertie, he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE; The matter standing as it doth, we may resist him, as may be shewed by Sacred and prophane Stories. Vnjust violence is not Gods Ordinance, neither are we bound to him by any other reason, then if he keep the conditions on which he was created Emperour. BY THE LAWS THE MSELVES IT IS PROVIDED, that the inferiour Magistrate shall not infringe the right of the Superiour: and so likewise if the superiour Magistrate exceed the limits of his power, and command that which is wicked, not onelyonly we need not obey him, BVT. IF HE OFFER FORCE WE MAY RESIST HIM. So they in point of Law and Conscience then publikely resolved.

p. 147Secondly, that the nnGen. Hist. of France p 682, 683 The Appendix, p 34, 35. 44. 45.French Protestants, and others, in the reign of King Fran…is the second, Anno 1359. being much oppressed by the Guisian faction, who had got the K. into their power, and wholly swayed him (as his Maj. ill Councellors sway him now) thereupon assembling together to consult of some just defence, to preserve the just and ancient government of the Realm. They demaunded advice TOVCHING LAW AND CONSCIENCE, OF MANY LEARNED LAWYERS AND DIVINES; who resolved, THAT THEY MIGHT LAWFVLLY oppose themselvs against the Government which the House of Guise had usurped, and AT NEED TAKE ARMS TO REPVLSE THEIR VIOLENCE; so as the Princes, who in this case are born Magistrates, or some one of them would undertake it, being ordered by the States of the Realm, or by the sounder part of them.ooDino…hus Hist Gal, l. 40 p. 227. That defence of Religion and Liberties against violence and oppression were iust causes of Warre; Et quod pia arma ea sint, ultra quae nulla restat spesvitae nec salutis. A like resolution and determination was mad… by the chief Dukes, Peers, Nobles, and Officers of France, Anno 1614. which you may read in the Appendix.

Thirdly, that the ppFox Acts & Mon Vol. 2. Edit. ult. p. 201. 209, 213, 214.Angrognians and Waldensian Protestants of Lucerne and Piedment in the year 1558. to 1561. being persecuted by the Lord of Trinitie and their Popish Soveraigns, assembling solemnly together to consult how to prevent the great dangers then at hand, after long prayer and calling upon God for his grace and Spirit of direction and Counsell, well to manage their weighty affairs, and to preserve themselves and the Protest…nt Religion professed by them, concluded in the end, to enter into a solemn mutuali Covenant, and to ioyn in a League together for defence of themselves and their Religion; whereupon they all promised by Gods grace and assistance, to maintain the pure preaching of the Gospell and administration of the Sacraments, and one to ayd and assist the other, &c. which they did with good successe, obtaining many glorious victories against invading persecuting enemies. The like did qqFox Acts & Mon Vol. 1. Ed. ult. p. 848. to 852. Pontaus Bohemiae piae, lib. 1.Zis…a, the Thaborites and Bohemians heretofore, and ofrrGrimstons Imperiall Hist. p. 655, 730. to 740. 746. to 806 sparsim. later times; as the Maginall Authors largely relate, resolving it iust and lawfull for them in Law and Conscience, to defend themselves and their Religion by force of Arms against their persecuting Soveraignes.

Fourthly, that the ssErman. Meteranus, Hist. Bel…ica, Grimst. Gen. Hist. of the Netherlands.Netherland Provinces, being oppressed in their Bodies, Estates, by the Duke of Alua and Spanyards Tyrannie, and in their Religion and Consciences, by the introduced Inquisition to extirpate Religion; did after serious deliberation, and consultation with learned men of all sorts, unanimously conclude and enter into a solemn Covenant to defend their Libities, Religion, Laws, by force of Arms, against the Spanish Tyrannie; as you may read at large in their Histories. And in the year 1572. The Prince of Orange and his Confederates having levyed a goodly Army to relieve Mons besieged by the Duke of Alua, caused this notable**Grimstons Gen. Hist. of the Netherlands, l 9. p. 369, 370. Protestation to be printed and published to the World, as well in his own name, as in his Confederates, giving a reason of the Arms which he had taken up, as followeth.

Wee William by the Grace of God, Prince of Orange, Earle of Nassau, &c. To all Noble-men, Knights, Gentlemen, and others, of what quality soever of these Netherlands which desire the Liberty thereof, being miserably tyrannized and oppressed by the Duke of Alva, the Spaniards, and other their friends, TRAYTORS AND MVRTHERERS OF THEIR OWN COVNTREY, We declare that every p. 146one of us, for a particular love and zeale he beares unto his Countrey, and for the glory of God, which we desire above all, have often sought by all meanes the good and quiet of the Countrey, as well by Petitions and other mild meane▪ as by force of Armes, thinking to draw those that were as we are, to doe the like, sometimes by sighes and prayers unto God, having had patience untill that it should please him to mollifie the hearts of the said Tyrants; but in the end solicited and called generally and particularly by the inhabitants of the said Countrey, by reason of the inhumanities and oppressions; We have in the Name of God (ACCORDING TO OVR CONSCIENCES) TAKEN ARMES; protesting before God and his Angels, and before all Men present and to come, that we have not been moved hereunto by any private passion, but with an ardent desire which we have to oppose our selves against this more then barbarous and unsupportable tyranny, to the Proclamations, Edicts, taxes, Imposts and charges of the hundreth, thirtieth, twentieth and tenth penny imposed by the in satiable covetousnesse of the Duke of Alva, against the Lawes Liberties, Freedomes, and ancient Priviledges of the said countrey; which Lawes, Liberties, freedomes and ancient priviledges, we mean (by the grace of God) to restore unto the said countrey, holding it under the obedience of their Prince and natur all Lord, as we are bound to do: affirming and maintaining, that**Si Princeps …yrannus est, iure Naturali reliquis omnibus mundi Principi…us incumbit illi populo Tyrannidem patienti opem & auxilium ferre; hominum egregiorum virorum …aec est vera laus, de…us & h…nor. Vasquius Contro I…l. 36. … 36. all Princes and Noblemen, Gentlemen, Commonweales, or others, of what quality … be they strangers or home-bred, that have been moved to give us … or … IN THIS SO IVST AN ENTERPRISE, have not don it for any other… … but for true piety and compassion which they have with us of the said … and …alamities: Wherefore we pray and entreat every one, both in generall … p…ticular, to assure themselves, that we intend not to doe wrong to any man, nor to attempt upon the good estates or honour of any of what quality soever, were he of the …lergy, but are ready to aid and assist every one freely and willingly; as for his liberty EVERY ONE IS BOVND TO SVCCOR VSUS BY ALL DVE AND POSSIBLE MEANES. In the mean time we will give order, that God and the countrey may be served, in procuring the preservation of the people, and the defence of their houses, wives, and children: Praying to God, that he would favour and bring to a good end SO HOLY AND NECESSARY AN ENTERPRIZE.

This their defensive Warre, yet continuing, hath been justified by many, and in speciall maintained to be just and honorable BOTH IN LAW AND CONSCIENCE in a particular Book De jure Belli Belgici, printed at the Hague with the States approbation, 1599. to which I shall referre you.

Fifthly, (which comes neerest to our present case of any story I have met with) Alphonso the 3.rrHyeronimus Blanca …agonens. Rerum Comment. p. 661. 662. … p. 652. king of Arragon, in the year 1286, through the ill advise of some bad Counsellors and Courtiers about him, departed in discontent from the Parliament of the Estates of Arragon then assembled at Saragossa, and posted to Osca, because the Parliament took upon them to make Lawes to reforme and order his Court, his Courtiers, which he denyed, but they affirmed, they had justright and power to doe. Hereupon, the businesse being put unto geeater difficulty; the Estates affirmed. A Comitiis intempestive discedere Regi NEFAS ESSE, That IT WAS A WICKED ACT, FOR THE KING THVS VNSEASONABLY TO DEPART FROM THE PARLIAMENT, NEITHER WAS SO GREAT A BREACH OF THEIR PRIVILEDGES AND RIGHTS TO BE PATIENTLY ENDVR…D: p. 147Whereupon they presently raised up the Name and FORCES OF THE VNION or Association (formerly made and entred into between the Nobility, Cities, and people, mutually to aid and assist one another to preserve the Peace and Liberties of the Realm, even with force of Armes) IT BEING LAWFVLL for the common cause of Liberty; Non Verbis solum. SED ARMIS QVOQVE CONTENDERE, not onelyonly TO CONTEND with words, BVT ALSO WITH ARMES. VponUpon this, king Alphonso desirous to prevent the mischiefs then present and incumbent, by advise of his Privy Counsell, published certaine good Edicts at Osca for regulating his Court, Counsell, Iudges, Officers; by which he thought to have ended all this Controversie, but because they were promulged onelyonly by the Kings own Edict, not by the whole Parliament as binding Lawes, they still proceeded in the Vnion; till at last, after various events of things, this King returning to the Generall Assembly, and Parliament of the Estates at Saragossa, in the year 1287. condescended to their desires, and confirmed the two memorable priviledges of the Vnion, with the Soveraign power of the Iustice of Aragon, which could controll their very Kings: Of which see more in the Appendix.

I shall close up this of the lawfulnesse of a necessary defensive warre, with the speech of the Emperour Alexander Seuerus, recorded byssQuoted by Grotius de Iure Belli 2. c. 1. Annot. ad sect. 14. p. 11. Herodian, l. 5. He who first infers injuries hath no probable colour; but he that repulseth those who are troublesome to him; EX BONA CONSCENTIA sumit fid…c…am; assumes confidence FROM A GOOD CONSCIENCE, and good hope of successe is present with him from hence, that he offers not injury, but removes it.

Thus have I now at last waded thorow this weighty controversie, of the lawfulnesse both in point of Law and Conscience, of the Parliaments present, and all other subjects necessary Defensive Warres against their Soveraigns, who invade their lawes liberties, Religion, Government, to subvert them, by open force of Armes: in which I have freely and impartially discharged my conscience, not out of any turbulent, seditious, or disloyall intention, to foment or perpetuate the present, or raise any future destructive, unnaturall warres between king, Parliament, and People, or to countenance, to encourage any tumultuous, rebellious, factious, ambitious, traiterous spirits to mutiny or rebell against their Soveraigns for private injuries, or upon any false unwarrantable ends or pretences whatsoever; (let Gods curse and mens for ever rest upon all those, who are in love with any warre, especially a Civill, within their own dearest Countries bowels; or dare abuse my loyall sincere Lucubrations to any disloyall sinister designes, to the prejudice of their Soveraignes, or the States wherein they live:) but only out of a cordiall desire to effect such a speedy, honourable, safe, religious, sempiternall peace between king and Parliament, as all true Christian English hearts both cordially pray, long for, and endeavour, by informing his seduced Majesty, his evill Cou…sellors, his Popish Ma…ignant Forces, that if they will still proceed unnaturally and treacherously to make war against their Native Countrey, Religion, Lawes, Liberties, and the Parliament, (which to doe I have ttPart. 1. E…. 2. p. 108. to 112.elsewhere manifested to be no lesse then high Treason, Rebellion, against both King and Kingdome) they may in point of conscience and Law too, be justly opposed, resisted, repulsed, even by force of Armes, without any guilt of Treason, Rebellion, or feare of temporall or eternall condemnation, as publike Enemies, Rebels, Traytors to the Realm, whateve…er they have hitherto been informed of to the contrary by temporizing p. 150Lawyers, or flattering illiterate Court Divines; and by assuring all such noble generous publike spirits, who shall willingly adventure their lives or fortunes by the Parliaments command, in the present necessary defensive warre, for the ends pr…mised; that for this good service they shall neither in the Courts of Law. nor Conscience, incurre the least stain, or guilt of Treason, Rebellion, sedition, or any such like odious crime, much lesse eternall condemnation; the panick feare whereof, frequently denounced against them by many sottish Malignants, Royalists, ill-instructed Lawyers and Theologasters, hath frighted, kept back, and withdrawn multitudes from, yea cooled, corrupted many in this honourable publike duty, service, which they now owe of Right to God and their Countrey; in which to be treacherous, perfidious, sloathfull, negligent, cold, uncordiall, or timerous (as too many hitherto have been, to the greater honour of those who hauehave been faithfull, actiue, Valiant, and sincere) especially now after so many late horrid treacheries most happily discouered and a new Couenant solemnly entred into, demerits a perpetuall brand of i…famy and reproach. To dye fighting for ones dearest bleeding, dying Countrey, hath in all ages been honoured with a Crown of Martyrdome; to liue or dye fighting against it hath ever deserved the most capitall censures, ignominies, and heaviest execrations. Let both sides therefore now seriously ponder and lay all the premises close to their soules, consciences; and then I doubt not through Gods blessing, but a happy peace will speedily thereon ensuexxIsay 2. 4.Isa 2:4 Nation shall not lift up sword against Nation, Countrey against Countrey, Englishman against Englishman, Brother against brother any more, as now they doe, neither shall they learn such an unnaturall cursed kind of Civill Warre any more, but beat their swords into Plow-shares, and their speares into pruning …ooks; and yyRom. 16. 16. 1. 1 Thess. 5. 26. 1 Pet. 5. 14.Rom 16:16Rom 16:11 Thess 5:261 Pet 5:14greet one another with a kisse of holy peace and charity: Which desired end and issue of these present bloudy warres God in his mercy hasten and accomplish, to the joy of all our Soules.

I should now, according to former engagements, proceed to other remaining particulars; but because this part hath already farre exceeded its intended bounds, out of a desire to give full satisfaction in a point of highest present, and future concernment every way; I shall reserve the residue, with the Appendix, for another distinct part; with which I shall conclude my Meditations and Collections of this subject, without any further Additions, if God say Amen.

Finis Partis tertiae.