The Sovereign Power of Parliaments and Kingdoms, Part 2 (1 of 4)

The Sovereign Power of Parliaments and Kingdoms · Part 2 (1 of 4)

p. 61THE LAWFVLNES OF THE PARLIAMENTS present Defensive Warre in Point of Divinity and Conscience.

THe lawfulnesse and justnesse of the Parliaments present necessary Defensive Warre, in point of Common, Civill, Canon Law, and Policy, having been largely debated in the premises, because not hitherto discussed in that kinde by any, to my knowledge; I shall in the next place proceed to justifie it in point of Divinity and Conscience; Wherein, though I shall be more concise then I intended, because sundry Learned * Divines, aaMaster Goodwine his Anti-cavallar. and Bone for a Bishop. Master Burrough… his Lord of Hosts. The severall Answers & Replies to Doctor Ferne. The honest Broker, Scripture & Reason, pleading for Defensive Armes (the best and acutest of this kind) with many others.in many late Printed Bookes, common in all mens hands have professedly handled it at large, and given good satisfaction unto many unresolved scrupulous Consciences; yet because this Treatise may come into diverse hands, which have not perused their discourses; and those whose judgements may be convinced by the Legall, may still have some scruples of Conscience resting in them, in reguard of the Theologicall Part, and because some things (perchance) in Point of Theology, which others have wholly omitted, may seasonably be here supplyed, to satisfie Consciences yet unresolved of the justnesse of the present, and all other necessary Defensive Warres, I shall not over-sparingly or cursorily passe through it, without a competent debate▪

Now lest the Consciences of any should bee seduced, ensnared with generalities, or cleere mistakes through the mis-stating of the points in question, with which devise, many have beene hitherto deluded by the Opposites, who cumbate onelyonly with their owne mishapen fancies, discharging all their Gu…shot against such Tenets as are not in question, a…d no waies comming neere the White in Controversie, I shall for my own orderly proceeding, and the better satisfaction of ignorant, scrupulous, seduced consciences, more punctually state the Question, then formerly in the Legall Part; first, Negatively, next, Positively; and then proceede to its debate. Take notice therefore.

First, that this is no part of the question in dispute. Whether the Parliament, or any 1Subjects wha…soever, may actually disobey, or violently with force of Armes resist the Kings, or any other lawfull Magistrates just commands, warranted either by Gods Word, or the Lawes of England? it being out of controversie, readily subscribed by all of both sides; that Such commands ought not so much as to be disobeyed, much lesse forcibly resisted but cheerefully submitted to, and readily executed for Conscience sake, Rom. 13. 1. to 6. 1 Pet. 2. 13, 14. Tit. 3. 1. Hebr. 13. 17. Iosh. 1. 16, 17, 18. Ezra. 7. 26. Eccles. 8 2, 3, 4, 5. the onelyonly thing these objected Scriptures prove, which come not neere the thing in question, though our Opposites most rely upon them.

p. 62Secondly, Neither is this any branch of the dispute: Whether Subjects may lawfully rise up, or rebell against their Prince, by way of Muteny, Faction, or Sedition, without any just, or lawfull publicke ground; or for every trifling injury, or provocation offered them by their Prince? Or whether private men, for personall wrongs (especially where their lives, chastities, livelihoods are not immediatly endangered, by actuall violent, unjust assaults) may in point of Conscience, lawfully resist, or rise up against their Kings, or any other lawfull Magistrates? Since all disavow such tumultuous Insurrections and Rebellions in such cases: yet this is all which the oft objected Examples of bbNum▪ 16.Num 16Korah, Dathan, and Abiram, with other Scriptures of this Nature, doe or can evince.

Thirdly, nor is this any parcell of the Con…roversie. Whether Subjects may lay violent hands upon the persons of their Princes, wittingly or willingly to deprive them of their Lives or Liberties, …specially, for private Injuries; or in cold blood, when they doe not actually nor personally assault their lives or chastities; or for any publike misdemeanours, without a precedent sentence of Imprisonment, or death against them given judicially, by the whole States or Realmes, where they have such Authority to araigne and judge them? For allunanimously disclaime, yea abominate such Traitorous practises and Iesuiticall Positions, as execrable and unchristian: yet this is all which the example of Davids not offering violence to King Saul: the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. (the best Artillery in our Adversaries Magazines) truely prove.

Fourthly, Neither is this the thing in difference, as most mistake it. Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King, to apprehend or offer violence to him, much lesse intentionally to destroy him, or to resist his owne personall attempts against them, even to the hazard of his life? For the Parliament, and their Army too, have in sundry ccSee an ex…ct Collection of of al Remon. strances, &c.Rem…nstrances, Declarations, Protestations, and Petitions, renounced any such disloyall intention or designe at all; for which there is no colour to charge them; and were his Majestie now alone, or attended onelyonly with his Ordinary Courtly Guard, there needed no Army nor Forces to resist his personall assaults: Yet this is made the principall matter in question by Doctor Ferne,ddThe Resolving of Conscience. The Necessity of Christian Subjection, &c. A Revindication. The Grand Rebellion, &c by An appeale to thy Conscience, and other Anti-parliamentary Pamphlets; who m…ke this the sole Theame of their Discourses: That Subjects may not take up Armes Against their Lawfull Soveraigne, because he is wicked and unjust; no, though he be an Idolater and Oppressor: That, Sup…ose the King will not discharge his trust, but is bent, or seduced to subvert Religion, Lawes, Liberties, yet Subjects may not take up Armes, and resist the King, it being unwarrantable, and according to the Apostle, damnable, Rom. 13. Yea, this is all the questions the C…valleers and Malignants demand of their Opposites in this cause. What? will you take up Armes; will you fight against, or resist the King? &c. Never stating the question of his Forces, his Army of Papists, Malignants, Delinquents, but onelyonly of the King himselfe abstracted from his invading, depopulating Forces, against whom, in this sence of theirs, the Parliament never yet raised any Forces, nor made the least resistance hitherto.

These foure particulars then being not in question, I shall here appeale to the most Malignant Conscience: Wh…ther Doctor Ferne, and all other our Opposites, pretenders of Conscience, hauehave not ignorantly, if not maliciously, made ship wracke of p. 63their good Consciences (had they ever any) by a wilfull mistating of the Controversie, concerning the present Defensive Warre, in the foure preceding particulars, which they make the onelyonly Questions; when not so much as one of them comes within the Verge of that which is the reall Controversie; and never once naming that in all, or any of their Writings, which is the point indeed? Secondly, Whether there bee any one Text or Reason in all their Pamphlets, particularly applied to any thing which concernes the present Warre, but onelyonly to these foure particulars, which are not in debate? And if so, (as no Conscience can gaine-say it) then there is nought in all the wast Papers they have published, which may either resolve or scruple any Conscience, That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity, or Conscience, which is steered by the Scriptures Compasse.

But if these particulars be not in question; you may now demand, what the knot and true state of the present Controversie, in point of Conscience, is? In few words, take it thus.

Wh…ther both Houses of Parliament, and the Subjects by their Author…ty, for the preservation of their owne Persons, Priviledges, Lawes, Lives, Liberties, Estates, Religion; the apprehension of Voted contumatious Traitors, and Delinquents, the res…uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces, who end…avour the Kingdomes subversion, by withdrawing him from, and incensing him against his Parliament, may not lawfully with a good Conscience, take up necessary defensivs Armes, and make actuall Warlike resistance against his M…j…sti…s Maligna it ill Counsellors, and invading Popish Forces (who now Murther, Rob, Spoile, Sacke, Depopu…ate the Kingdome in a most Hostile manner, to set up Tyranny, Popery, and an Arbitrary lawlesse Government,) in case they come armed with his personall presence, or commission, to …xecute these their wicked illegall designes; Especially, when neither the Parliament nor their forces in this their resistance, have the least thought at all, to offer any violence▪ to the Kings owne person, or to oppose his Legall, iust Soveraigne Authority?

Or shorter, Whether the Kings Captaines an… Souldier…s invading the Parliam…nt, and Subiects, as aforesaid, the Parliament or Subiects (especially when authorized by an Ordinance of both Houses) may not with a safe Conscience forcibly resist these Malignants though armed wit… the Kings illegall Commissions, without his personall presence, or with his presence and Commissions too? And for my part, I thinke it most evident, that they may lawfully resist, repulse them, even by Divine Authority. For the better clearing whereof, I shall premise these three undeniable Conclusions.

First, That no lawfull King or Monarch whatsoever, (much lesse the Kings of 1England, who are no absolute Princes) have any the least Authority from the Lawes of God or man, personally by themselves, or instruments, to doe any injurie or iniustice to their Subiects; how much lesse then by open Forc… to Murther, Rob, Plunder, Ravish, Ruine, or Spoile them of their Lawes, Liberties, Estates, Religion, all which is plentifully proved by Law Authorities, in the premises; and punctually confirmed by these ensuing Texts. Ezech. 44 15. 16, 17. cap. 45. 8, 9. Psalm. 105. 14 15. Isay 14. 15, to 23. 2 Sam. 23. 3. Isay 1. 23. cap. 3. 12. 14. 15. Prov. 28. 15. 16. Ez…h. 22. 6. 7. 27. Zeph. 3. 3. Mich. 3. 1. to 12. 1 Sam. 12. 3. 4. 5. 1 King. cap. 21. & 22. Zeph. 2. 8. Is…y 9. 7. cap. 16. 5. cap. 32. 1. 2. cap. 49. 23. 2 Chron. 9. 8. Ier. 22. 3. to 32. Obad. 2. 10. to 16. Rom. 13. 3. 4. 5. …. 1 Pet. 2. 13. 16. and infinite Scriptures more.

p. 642Secondly, That all Subiects and persons whatsoever, are obliged both in point of Law and Conscience to disobey, resist, and not execute, the uniust illegall Commissions, Mandates of their Kings, and other Magistrates. This is evident by the Midwives refusall to mur…her the Hebrewes Male-child…en at King Pharoahs command, for which God blessed them, and built them houses Exod …. 15 to 20. By Balaams deniall to curse or defie the Israelites, at King B…lacks intreaty Numb. 22. & 23. & 24. By the refusall of Sauls Guard and Footmen to s…ay or fall on the Priests a Nob, by King Sauls personall command, though present, and not onelyonly their King but Master too: 1 Sam. 22. 17. 18. By Ionathans denyall to kill, or consent to the death of David upon Sauls mandate, though not onelyonly his Soveraigne, but Father, although he might have gained the Crowne by it, and indangered his owne life by refusing it, 1 Sam. 20. 27. to 42. By Sauls Armour-beares forbearance to runne him thorow with his Sword, when he fled before the Philistimes, though he as his King and Master enioyned him to doe it; lest the uncircumcised should come and thrust him through and abuse him. 1 Sam. 31. 4. By Mordechai his denyall to bend the knee to Haman, the great Favourite, though the King had so commanded, Esther 3. 1. 2. 3. 4. 5. By Shadrac…, Meshach, Abednego, and Daniels refusall, to eat of the Kings portion of meat and wine assigned them, least they should be de…iled, Dan. 1. 5. to 12. By their peremptory resolution, not To fall downe and worship King Nebuchadnezzars golden Image, though twice strictly commanded by the King to doe it, and threatned to be cast into the fiery Furnace (as they were) for refusing it, Dan. 3. 4. to 30. By Daniels disobeying the Kings and Lords Idola…rous Decree, not to offer a Petition to any God or man for 30. dayes, save of King Darius, under paine of being cast into the Lyons Denne, Dan. 6. 5. to 24. By the Pharises and chiefe Priests Officers neglect to apprehend our Saviour for his Preaching, though enjoyned so to doe by their Masters, Iohn 7. 32. to 48. By the Apostles refusall to give over Preaching, and perseverance in Preaching, notwithstanding the High Priests and Councels expresse Inhibitions and doubled Commands, seconded with Apprehensions, Imprisonments, Scourgings; and their direct resolutions in this very case, ddSee Gratian Caus. 11. q. 3.That we ought to obey God rather then men, Acts 4. 12. to 22 cap. 5. 17. to the end. By Peters Preaching to, and conversing with the Vncircumci…ed Gentiles, notwithstanding the Christian Iewes d…slike, Acts 11. 1. to 19. with infinite Presidents of this nature in Ecclesiasticall Histor…es; the very sufferings of all the eeSee Fox Acts & Monum. French Book of Martyrs, with others.Martyrs depending on this ground alone: which is backed by Matth. 10. 28. 32. 33. Luc. 12 4. 8. cap. 9. 23. 24. 25. 26. Ezech. 2. 3. to 9. Rev. 13. 3. to the end. Rom. 12 1. 2. Iohn 16. 2. 3. 1 Thess… 2 14. 15. 16. Exod 32. 2. Iosh 24 15. Psalm. 44. 15. to 23.

3Thirdly, That as all Kings illegall unjust commands are void in Law, and will no waies extenuate the guilt, or justifie the actions of those instruments who execute them in point of Law, as I have ffPag. 10. 11. &c.fo…m…rly cleared; so are they likewise meer nullities, and insufficient to excuse the executioners of them in point of Conscience; as is evident by, Psal. 52. 5. where God threatens to destroy Doeg the Edomite, for ever, to take him away, plucke him out of his dwelling place, and root him out of the land of the Living, for executing King Sauls bloody command upon the Priests at Nob, 1 Sam. 22. By Gods exemplary punishment upon those Souldiers who by King Nebuchadnezzars speciall command, bound the three Children and cast them into the firy Furnace; who were slaine by the flames of the Furnac…e, though these three Martyrs had no p. 65harme in the Furnace it selfe, Dan. 3. 20. to 28. By Gods consuming the two Captaines and their fifties with fire from heav…n, who came violently to apprehend the Prophet Elija… by King Ahaziah his commission, and unjust command, 2 King. 1. 9. to 16. By the Precept of Iohn Baptist given to Souldiers themselves, Luke 3. 14. Doe violence to no man: (neither by the Kings, nor Generalls Command) neither accuse any falsely. By 1 Tim. 5. 22. Lay hands sodainly on no man, (no more in a violent, Military, then an Ecclesiasticall sense) neither be partakers of other mens sinnes: Compared with the next forecited Scriptures; with Rom. 1. 32. Math. 15. 14. Psal. 50. 18. 21. Prov. 1. 10. to 16. Oba…. ver…. 10. to 16. Isay 1. 23. with Isay 9. 16. The leaders of this people cause them to erre, and those th…t are led of them are destroyed. What therefore Saint Iohn writes in another case, 2 Iohn 10. 11. If there come any unto you (be he an Archbishop, Bishop, Archdeadon, Ferne himselfe, or any Court Chaplaine whatsoever,) and b…ing not this Doctrine; receive him not into your house, neither bid him God speed; for he that biddeth him God speed, Is partaker of his evill Deeds: I shall apply to this particular of executing Kings unjust Commands against their people; they are partakers of their Kings wickednesse, if they do but intertaine their unjust Commissions into their Houses or bid them God speed; much more if they execute them either voluntarily, or against their wills, out of an unworthy feare, or base respects.

These three Conclusions being irref…agable,Argument… My first Argument to justifie resistance 1from them shall be this. That violence against the Subjects persons, Consciences, Families, Estates, Properties, Priviledges, or Religion, which neither the King himselfe in proper person, nor any his Officers, nor Souldiers by command from him, have any Autoritie by the Lawes of God or man, in Law or Conscience to inflict: and which in Conscience ought not to be obeyed, but rejected as a meere nullity, even by the instruments enjoyned for to execute it; may justly with a safe Conscience be …esisted by the Parliament and Subjects; there being not one syllable in Gods Word to contradict it. But the violence now offered by the Kings Forces to the Parliament and Snubjects every where, is such. Therefore it may justly with a safe Conscience be resisted; especially in the Kings Commanders and Souldiers, who are neither the King himself, nor the Higher Powers ordained by God; and no other then plain Theeves and Murtherers in Law and Conscience, if they plunder, kill, spoile; their Commissions being but Nullities in both; and they in this particular meere private men, without any Authority to iustifie their actions, as I have already proved.

Secondly, That resi…tance which is warranted by direct Precedents recorded, approved 2in Scripture even by God himself, must questionlesse be lawfull in case of conscience: But the resistance even of Kings, their highest Magistrates, officers in the execution of their unjust Commands is thus warranted. Therfore, doubtles, it must be lawfull in point of Conscience. The Minor (only questionable) is thus confirmed. First, by the notable example of the Prophet E…ijah, 2 Kings 1. 2. to …6. who sending backe King Ahaziah his Messengers (sent by him to enquire of Baal… zebub the God of Ekron, whether hee should recover of his disease) with an harsh Message to the King, contra…y to his Command, which they disobeyed; thereupon this King, in an angry fume, sent two Captaines with 50. men apeece, one after another, to apprehend the Prophet for this affront; (asggAntiq… …ud. lib 9 c…p. 1. Ipse Prophetae cum …ivatus vim…sses. ut …sua fa…iat, vi ceactum eo pert…ahat &c. Iosephus, with other Interpreters accord,) who comming with their forces to him, said; Thou man of God, the King hath said, p. 66come downe quickly. To whom he successively answered: If I be a man of God, th…n let fire come downe from Heaven, and consume thee and thy fifty; And there came fire from heaven thereupon, and consumed two Captaines and their fifties: but the third Captaine and his fifty, who hum…led themselves to the Prophet, and begged the sparing of their lives, were spared; the Angel of the Lord bidding the Prophet to goe downe with them to the King, and not be afraid. From which Text it is infallible, even by a divine Miracle from heaven, doubled by God himselfe; That it is lawfull for Subjects in some cases, to resist the unjust violence of the Souldiers and Captaines of their Kings though armed with their Regall Commands. Secondly, by the History of the Prophet Elisha, 2 Kings 6. 31, 32, 33. Who when King …oram (his Soveraigne) had sworne unjustly in his fury; God doe so to me and more also, if the heàd of Elisha shall stand on him this day; and thereupon sent a Messenger before him to Elisha his house to take away his head; the Prophet was so farre from submitting to this Instrument of his; that he Commanded the Elders sitting then with him in the house, to looke when the Messenger came, and shut the doore, and Hold him fast at the Doore, though the sound of his Masters feet (the King) were behind him; whom he stiles, the sonne of a Murderer. Might these two eminentest Prophets thus openly resist the Captaines, Souldiers, and unjust Executioners of their Princes, with a good Conscience; and may not others lawfully doe the like? No doubt they may. Thirdly, (If I bee not much mistaken) this kind of resistance is warranted even by Christ himselfe, and his Apostles: For a little before his Apprehention, Christ uttered this speech unto his Disciples, Luke 22. 36, 37, 38. But Now, he that hath no Sword, let him sell his garment and buy one, &c.—And they said, Lord, behold, here are two Swords. And he said unto them, it is enough. Why would Christ have his Disciples buy Swords now, unlesse it were for his and their owne better Defence, being the time when he was to be apprehended.hhMatth. 26. Mar. 14. Luc. 22. Iohn 18.Matt 26Mark 14Luke 22John 18 Soone after this Judas and his Band of men sent from the High Priests, with Swords and Staves came to seize upon Christ. Which when they who were about him saw what would follow: They said unto him; Lord, shall we smite with the Sword? His commanding them to buy Swords now, was sufficient ground for this question, and intimation enough, that they might now use them: whereupon Christ giving no negative answer; One of them which were with Iesus (and Iohn directly saith it was Peter) smote a servant of the High Priest (whose name was Malchus) and cut off his right eare. Hereupon Iesus answered and said, Suffer yee Thus Farre: So iiLu…. 22. …0. 51.Luke; Marke relates no answer at all reprehending this fact:kkIohn 18. 10. 11.John 18:10John 18:11 Iohn records his speech to Peter thus. Then, said Iesus unto Peter, Put up thy Sword into the sheath. The Cup which my Father hath given me, shall I not drinke? To which Matthew addes, llMath. 26. 52 53.Matt 26:52thinkinst thou that I cannot pray to my Father, and he shall presently give me more then twelve Legions of Angels? But how then shall the Scriptures bee fulfilled, that thus it must be? So that the reason why Christ bade Peter thus to put up his sword; was not because he thought defence of himselfe, and Peters smiting now altogether unlawfull in it selfe; but onelyonly inconsistent with Gods present providence, which it should seeme to crosse. Christ was now bymmActs 2. 23. cap. 4. 27. 28. Luk. 14. 21, 26… 27. Isay. 53.Acts 2:23Luke 14:21Luke 14:26Isa 53 Gods eternall decree, and the Scriptures prediction, (which must be necessarily fulfilled) to suffer death upon the Crosse for our iniquities: should Peter then, with the other Disciples have totally resisted his apprehention at this time, and proceeded still to smite with the Sword as they began, till they had rescued our Saviour, he could not then have suffered, nor the Scriptures p. 67be fulfilled: had it not beene for this speciall reason (rendred by Christ himselfe, to cleare all scruples against the Lawfulnesse of selfe-defence in such cases,) Peter might still have used his sword to rescue his Master from these Catchpoles violence; and if he and his fellowes had beene too weake to withstand them, Christ was so farre from imagining that hee might not have lawfully defended himselfe; that hee informes them, he could (and would no doubt) have presently commanded whole Legi…ns of Angels from heaven, by his Fathers approba…sion, to rescue him from unjust violence. And his Speech to Pilate, after his taking, plainely, iustifies the lawfulnesse of such a forcible defence with Armes to preserve a mans life from unjust execution: Iohn 18. 36 If my Kingdome were of this world, Then would my Servants fight (in my Defence and Rescue) that I should Not be delivered to the Iewes: but now my kingdom is not from hence. All which considered, clearely justifies, the Lawfulnesse of resisting the Kings, or higher Powers Officers, in cases of apparant unjust open violence or assaults; and withall answers one grand argument against resistance from our Saviours present Example: namely,**See Doct. Fernes resolving of Conscience. An Appeale to thy Conscience, with others who much rely on this ill foundation. Christ himselfe made no resistance when hee was unjustly apprehended; Ergo, Christians his Followers (Ergo, no Kings, no Magistrates too, as well as Christ the King of Kings, and Lord of Lords, for they are Christians as well as subjects;) ought not to make any for…ible resistance of open violence: Which argument is a meere inconsequent; because the reason why Christ resisted not these Pursevants, and High Priests Officers, was onelyonly, that his Fa…hers decree, and the Scriptures foretelling his Passion might be fulfilled, as himselfe resolves; not because hee deemed resistance Vnlawfull, which he even then approved, though hee practised it not, as these Texts doe fully proove.

Fourthly, The lawfulnesse of a defensive Warre, against the invading Forces of 4a Soveraigne, is warranted by the example of the City Abel; which stood out and defended it selfe against Ioab, Davids Generall, and his Forces, when they besieged and battered it; till they had made their peace, with the head of Sheba who fled into it for shelter, 2 Sam. 20. 14. to 23. And by that of Ester, Ch. 8. 8. to 17. chap. 9. 1. to 17. pertinent to this purpose. Where Haman having gotten the Kings Decree, to be sent unto all Provinces for the utter extirp…tion of the whole Nation of the Iewes, the King after Hamans Execution (through Gods great mercy, and Mordecaies and Queene Esters diligence) to prevent this bloody massacre by their Enemies, granted to the Iewes in every City, by Letters under his Seale, To gather themselves together, and to stand for their lives, to destroy, to slay, and to cause to perish all the power of the people and Province That would Assault them, both litle ones and women, and to take the spoile of them for a prey; and that the Iewes should be ready against the day, to avenge themselves of their enemies. Hereupon when the day, that the Kings Commandment and Decree (for their extirpation) drew nee… to be put in execution, in the day that the enemies of the Iewes hoped to have power over them; the Iewes gathered themselves together in thier Cities, throughout all the Provinces of King Ahasuerus, to lay hand on such as sought their hurt; and no man could withstand them, for the feare of them fell upon all people: And all the Rulers of the Provinces, and the Lieutenants, Deputies, and Officers of the King helped the Iewes, because the feare of Mordecai fell upon them: So the Iewes smote all their enemies with the stroake of the Sword, and slaughter, and destruction, and did what they would unto those that hated them. In the Place they slew p. 66eight hundred men, and Hamans tenne sonnes, on severall dayes. And the other Iewes that were in the Provinces, gathered themselves together, and Stood for their Lives, and had rest from their enemies, and slew of their foes seventy and five thousand, but they laid not their hands on the prey. Loe here a Defensive war, justified, and granted lawfu…l, by the Kings owne Letters to the Iewes, against their enemies, who by former Charters from him, had Commission wholly to ex…irpate them, Neither had this licence of the Kings in point of Co…science, been lawfull, had their defence and resistance of the Kings former Commission been wholly unlawfull. And the reason of the Kings grant to them, to resist and slay their Enemies, that would assault them; was not simply, because their resistance without it, ad standing for their lives, had beene unlawfull, by reason of the Kings first unjust Decree, which they ought not in Conscience to submit to, without repugnancy; But onelyonly to enable the Iewes, then Captives, and scattered abroad one from another in every Province, with more convenience, securitie, boldnesse, and courage now to joyne their forces together, to resist their malicious potent enemies; to daunt them the more thereby; Nature it selfe, yea, and all Lawes in such a bloody Nationall Butchery as this, without any j…st cause at all, both taught and en…bled every one of the Iewes, to stan… for his life, his Nations, Relig…ons, preservation, even to the last drop of blood. Therefore the Letters of the King did not s…mply enable them to resist t…eir enemies, which they might have done without them; but give them Authority to destroy, and slay the Wives and little children of their Enem…es, and to take the spoile of them for a prey; which they re…used to doe, because they deemed it unjust, notwithstanding the Kings permission and concessi…n, which as to these particulars, was illegall, and more then hee could justly grant. This generall Nationall resistance of Gods own people then of their assaulting cruell Enemies, even among Strangers, in the land of their Captivity under a forraigne Enemy, with the former and other following precedents, will questionlesse more then conjecturally prove, if not infallibly resolve, The lawfulnesse of a necessary Defensive Warre, and opposition by free Subiects, against their Kings assailing Forces which seekes their ruine, though armed with their Kings Commission, and that without any Ordinance of Parliament authorising them to resist, much more then, when enabled to oppose them by O…dinances of bo…h Houses, as the Iewes were to resist and slay their enemies by this Kings Letters and Authority.

3Thirdly, That kind of resistance which hath no one Text, nor Example in Scripture to impeach its lawfulnesse, but many Texts and precedents to countenance it, must doubtlesse be lawfull in point of Conscience. But the resisting of Kings invading pillaging, destructive Forces (who have nothing to plead, to justifie all their Villanies but a void illeg…ll Warrant) hath no one Text nor example in Scripture to impeach its lawfulnesse, for ought I can finde; (and if there be any such, I wish the Opposites would object it, for R…m. 13. as I shall shew hereafter, doth no waies contradict, but approve it:) But it hath many Texts and precedents to countenance it, as the premises and sequell attest: Therefore it must doubtlesse bee lawfull in point of Conscience.

4Fourthly, it is confessed by all men, (yea those who are most intoxicated with an ooSee …. Ofinder. Ench…nd Contr c. 9. & 10. …Anabaptisticall spirit, condemning all kind of warre, refusing to carry Armes to defend themselves against any Enemies, Theeves, or Pirates) that it is lawfull not onelyonly passively to resist their Kings unlawfull Commands, and invading Forces, but p. 67like wise by flight, hiding, or other pollicies, to evade and prevent their violence; which is warranted not onelyonly byppExod. 2. 15. &c.Exod 2:15 Moses, qq1 Sam. 19 to 31.1 Sam 19Davids, andrr1 King. 19.1 Kgs 19 Elijahs, their severall flights from the violence of the Egyptians, Sa…, and … who sought their lives; but likewise byssMat. 2. 13. 14… 15.Matt 2:13Matt 2:14 I…seph, Mar…, and Christ himselfe, who fled into Egypt to escape the hand… and but chery of King Herod; by Christs own direction to his Disciples Matth… 10, 23. But when they pers…cute you in this City, flee yee into another; and that Prediction of his Matth. 23. 34. Behold, I se…d unto you Prophets, and wise men, and Scribes, and …me of them ye shall kill and crucifie, and some of them shall you scourge in your Synagogues, and persecute them from City to City; which was really fulfilled. Acts 8. 3. 4. c. 9. 12. c, 11. 19. c. 13 50, 51. c. 14 1 to 24. c. 17. 1. to 16. c. 22 42. c. 26. 11. 12. c. 9. 24, 25, 26. … Cor. 11. 32. 33. Rev. 12. 6. Of which reade more in Tertullian his b…oke De Fuga in persecutione. Hence then I argue thus. That unjust violence of Princes and their Armies, which Subjects with a safe conscience may decline and flee from, when as they want power, meanes, or convenience to resist it, they may no doubt lawfully resist even with force of Armes, when they have sufficient meanes and conveniences to resist, and cannot flee or submit thereto, without the publicke ruine: since the same justice and equity, which enables them by flight or stratagem to decline unjust assaults of a superior power, or its judgements, doth likewise enable them to escape and prevent it with resistance, when they cannot doe it by flight or other polici…: If then they may lawfully with a safe conscience hide, flee, or use lawfull policies, to prevent the open injust violence of their kings and their Officers, when not guilty of any capitall crime deserving censures; because by the very light of nature, and Law of Charity they are obliged to preserve themselves from unjust tyrannie; and are no wayes bound to subject themselves to the cruelty, the unjust assaults, or oppressions of others: then by the selfesame reason, they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto, when as they cannot conveniently secure themselves and the publicke, but by such resistance, and should both betray their owne, the publicke safety, and Religion (as the Subjects and Parliament should now do) in case they did not resist by force of Armes to the utmost of their power: and become worse than Infidels, who have even thus oft provided for their owne and the Republickes securitie.

Fif…ly, God himselfe, the founta…ne of ttI Tim. 5. 8.1 Tim 5:8justice, the uuZeph. 3. 5. Esay 45. 2….Zeph 3:5Isa 45:2God of xx1 Cor. 1…. 33 40.1 Cor 1:33Order, theyyIob 7. 20.Job 7:20 preserver of humane society who detests of all tyranny▪ cruelty zzPsal. 5. 6. Psal. 11. 5.Ps 5:6Ps 11:5oppression, injustice, out of hisaaJohn 3. 16. 1 John 49.John 3:16 Philanthropie (which brought the Sonne of his bosome from heaven to earth) would never certainely in point of policy or conscience prohibit that, which is the onelyonly probable meanes and apparent, remedy, to prevent, suppresse disorder, tyranny, cruelty, oppression, injustice, yea confusion in the world; and to preserve good order and humane society: a truth so apparent, that no rationall man can contradict it. Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence, and hostile invasion made upon their people to ruine them, or subvert their established government, Laws, Liberties, Iustice, Religion: There being no other probable ordinary meanes left to any Kingdome, Nation, People, to preserve their government, lives, Lawes, Liberties, Religion, and to prevent, suppresse, or redresse tyrannie, cruelty, disorder, confusion, yea utter ruine, when their Kings and Governors degenerate into Tyrants, invading p. 68them with open force, but onelyonly defensive Armes: prayers and teares alone, without military opposition by force of Armes, being no more able to defend a person, City or Kingdome against Oppr…ssing Princes and their Armies, then against theeves, Pyrates or common enemies; whom they must and ought to resist, as well with Armes as Orisons, with Speares as well as Teares, else they should but tempt the Lord and destroy themselves (like thosebb1 Lar 2. 32. to 42. Alfonsià Carthagena Regum. Hisp. Acaphel. c. 44. Iewes and Gothes who would not fight upon the Sabbath, and so were slaine by their enemies without resistance:) yea wilfully suffer the Commonweale to be subverted, Religion ex…irpated; Lawes trampled under feete, their own posterities to be enslaved, ruined without any opposition, even in a moment. For were it utterly unlawfull, and no lesse then Treason or Rebellion, in point of conscience for any subjects to take up Defensive Armes to resist the Kings army, or forces, consisting for the most part of Papists, Delinquents, deboist Athesticall persons of broken fortunes, seared consciences and most irreligious lives, I appeale to every mans conscience, how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion, and common faith, for which we are enjoyned earnestly to contend and strive: … 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance? how sodainely would they ruin our Parliament, Lawes, Liberties; subvert all civill order, government; erect an arbitrary Lawlesse tyrannicall Regency regulated by no lawes but will and lust? how soone would they murther, imprison, execute our Noblest Lords, Knights, Burgesses, best Ministers, and Commonwealths-men for their fidelity to God, their King and Country? how many Noble families would they disinherite? how many wives, widdowes, Virgins would they force and ravish; what Cities, what Countries, would they not totally pillage, plunder, sack, ruine, consume with fire and sword? how soone would our whole Kingdome become an Acheldama, a wildernesse, a desolation, and the surviving inhabitants either slaves or beasts, if not devils incarnate? Yea how speedy might any private Officers, Captaines, Commanders, by colour of illegall Com…issions and commands from the King, or of their Offices, and all the notorious rogues and theeves of England, under colour of being listed in the Kings Army, if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies, maliciously rob, spoyle, plunder, murther all the Kings leige people, without any remedy or prevention, and by this pretext, that they are the Kings Souldiers, sodainely seise and gaine all the armes, treasure, forts, ammunition, power of the Realme, into their possessions in a moment; and having thus strengthned themselves, and slaine the Kings faithfull subjects, usurpe the crown it selfe if they be ambitious, as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours, yea sundry Spanish, Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns, (of which there are sundry such like presidents in most other Realmes:) to prevent, redres, which severall destructive mischiefes to People, Kingdome, Kings themselves, God himselfe hath left us no other certaine, proper, sufficient remedy but a forcible resistance, which all Kingdomes, Nations throughout the world, hauehave constantly used in such cases, as I shall manifest more largely in the Appendix. Therefore certainely it must needs bee lawfull, being Gods and Natures speciall Ordinance to secure innocent persons, Cities, Nations, Kingdomes, Lawes, Liberties, Lives, Estates, Religion, and mankinde it selfe, against the hurtfull Lusts of unnaturall Tyrants, and their accursed instruments, p. 69against ambitious, treacherous, male-contented Spirits, maliciously bent against the publicke weale, and peace. There are two things onelyonly which usually restraine inferiour persons from murthering, robbing, disseising, injuring one another; the one is, feare of punishment by the Magistrate; the other, feare and danger of being resisted, repulsed with shame and losse of limbe or life by those they violently assault, injure; and were this once beleeved, received for Law or Divinity in the world, that it were unlawful to resist, repulse a theefe, murtherer, riotor, or disseisor comming in the Kings name, long enjoy his life, goods, liberty, lands, but some or other would deprive him of them notwithstanding all restraints of Lawes, of penalties, and maintaine suites against him with his owne estate violently seised on; the right of lawfull defence, being every mans best security, to preserve his life, estate, in peace against the violence of another, whence the wisdom of the Common Law, makes every mans house his Castle, in the necessary defence wherof, and of his person, goods from the violence, rape of others, it gives him libertie to beate, repulse, yea kill injurious assailants: which right of defence if once denyed, would open a wide gap to all wickednesse, injustice, disorders whatsoever, and speedily bring in absolute confusion, subversion of all property, Law, Order. As for Emperors, Kings, great Officers, and other ungodly instruments, armed with Princes unjust commissions, who deeme themselves above the reach of humane Lawes, censures, and accountable for their unjust actions to none but God himselfe, there is no other knowne barre or obstacle to hinder or restraine their armed violence, Tyrannie, oppressions, but onelyonly the feare of the oppressed assaulted subjects armed resistance; which if once denyed to be lawfull, all Royalties would soone be transformed into professed Tyranni…s, all Kings & Magistrates into Tyrants, all Liberty into slavery, property into communitie, and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse, avarice, lusts, of the greatest men. Therefore doubtlesse this armed resistance cannot but be lawfull, necessary, just, in point of Law and Conscience, to eschew these generall mischiefes.

Sixtly, all will readily grant it lawfull in case of Conscience, for subjects to resist a forraigne enemie which invades them with force of Armes, though animated by the King himselfe to such invasion; and why so, but because they are their enemies, who would wrongfully deprive them of their native inheritance, Liberties, estates, and worke them harme; upon which ground, we read in the 2 Kings 3. 21. That when the Moabites heard that the Kings of Israel, Iudah and Edom came up to fight against them with a great Army, they gathered all that were able to put on armour, and upward to withstand them, and stood in the border; and when ever the Midianites, Phili…ines, Syrians, Babylonians, Aegyptians, Cananites or other enemies came to assault the Israelites, they presently assembled together in Armes to encounter and repulse them, as the Histories of Ioshua, Iudges, Samuel, the Kings, Chronicles, and Nehemiah abundantly evidence, almost in every Chapter. If then Subjects may with a good Conscience resist forragin enemies on this ground alone; then likewise domestick foes and their Kings own Forces, when they become open enemies, to rob, kill, plunder, destroy them as inhumanely, as injuriously as the worst Forraigne foes, there being the selfe same ground for the lawfulnesse of resistance of the one as the other, and if the ballance encline to one side more than other, an intestine enemie being more unnaturall, unjust, hurtfull, dangerous, and transgressing more Lawes of the Realme p. 70(which obliege not strangers) than a Forraigner, and a Civill warre being far worse, and more destructive than a Forraigne; the resistance of an homebred enemy, must be the more just and lawfull of the two, even in point of Conscience.

Seventhly, The very Law of God both alloweth and commands all men, to resist their spirituall enemies, with spirituall Armes: Iam 4. 7. Resist the Devill and he will flee from you, otherwise he would easily subdue and destroy us. 1 Pet 5. 8. 9. Be sober and vigilant, because your adversarie the devill as a roaring Lyon walketh about seeking whom he may devoure: whom resist stedfast in the faith, Ephes. 5. 10. to 19. Finally my brethren be strong in the Lord, and in the power of his might: Put on the whole Armour of God, that ye may be able to stand against the wiles of the devill. For we wrestle (or warre) not against flesh and blood, but against Principalities, against powers, against the Rulers of the darkenesse of this world, against Spirituall wickednesse (or wicked spirits) in high places. Wherefore take unto you the whole Armour of God, that ye may be able to withstand in the evill day, and having done all, to stand: Stand therefore having your loynes girded about with truth, &c. Above all taking the sheild of faith, wherewith ye shall be able to quench all the fiery darts of the wicked; And take the helmet of Salvation, and the sword of the spirit, which is the Word of God: Praying alwayes with all prayer and supplication. Hence Christians are termed, Souldiers of Iesus Christ, and Ch…istianity a warf…e, against the world, the flesh, and Prince of the world, the Devill: 2 Tim. 2. 3, 4. 2 Cor. 10. 3. 1 Tim. 1. 18. Iam. 41. 1 Pet. 2. 11. Rom. 7. 23. 2 Cor. 10. 4. 1 Cor. 9. 7. I say 41. 2. Rev. 12. 7. 17. In which warfare, we must fight and resist even unto blood striving against sinne, Heb. 12. 4. Vsing not onelyonly prayers and teares, but other spirituall weapons of warre, mighty through God, able to …ast downe every high thing that exalteth it selfe, to bring into Captivitie every thought to the obedience of Christ, and to revenge all disobedien…e, 2 Cor. 10. 4. 5. 6. If then we may and must manfully resist, and fight against our Spirituall enemies, though Principalities, Powers, Rulers, wicked spirits in high Places, and theccIohn 14. 30. c. 12. 31. c. 16. 11.John 14:30 Prince of this world himself, the Devill, when they ass…ult and seeke to devoure our soules: then by the selfesame reason, we l…wfully with a safe conscience may, yea ought to resist, repulse our corporall enemies when they maliciously, un…u…ly, forcibly assault us, against all rules of Law, of Conscience, to murther, enslave, destroy our bodies, Soules, Religion, the Republicke, which must be dearest to us, though they be Principalities, Powers, Rulers, wicked Spirits in high Places, yea Princes of this world; with all their under Officers and Instruments of cruelty, not onelyonly with prayers and teares, but corporall Armes and force, because they unnaturally, tyrannically, seeke the destruction of our bodies, estates, Liberties, Republicke, Religion, there being no inhibition in Scripture, not to resist the one or other, but infinite Texts authorising men, not onelyonly to resist, but warre against, yea slay their malicious open enemies, untill they be sub…ued or destroyed, Exod. 23. 22. 27. Levi. 26. 7. 8. Num. 24. 8. Deut. 20. throughout. Iosh. c. 8. to c. 13. 2 Sam. 22. 38. to 42. 1 Chron. 17. 8. 10. Esth. 9. 5. Neither doe the Texts of Mat. 5 39. Luk. 6. 29. But I say unto you, that ye resist not …vill, but whosoever sh…ll s…ite thee on the right cheek…, turne to him the other also, and hi… that taketh away thy cloake, forbid not to take thy c…ate also; prohibit all actuall resistance of publick violence offered by enemies to our persons, goods, or lawfull defensive warres; which precept (as is cleare by the context, and resolved byddGratian. Caus. 23. Qu. 1. Augustine, Gratia…, eeSum Theolog. pars. 3 qu. 47. m. 3. Os…ander Enchirid c. 9. De M…gist. Pol.Alensis, and ^f others) extends onelyonly to some private injuries and revenges, and to the inward patient p. 71preparation of the mind to suffer two injuries, rather thē maliciously to revenge a single one, especially in cas…s where we want ability to resist; not to an actuall bearing of all grosse outward injuries to our persons or estates, without resistance: which precept being given generally to all Christians; to Kings and Magistrates as well as Subjects, if it be strictly urged, prohibits Kings and Magistrates to resist the violence and injuries of the people, as much as the people, not to repulse the Armed violence and oppressions of their P…inces and Governours: and that Text of Iames 5. 6. Ye have condemned and killed the just, and he doth not resist you, (which some thinke is meant of Christ alone) proves onelyonly, that some just men, and many Martyrs have beene condemned and killed without resistance, as our Saviour was; not that it is unlawfull to resist an open enemy, theefe or murtherer, who comes to kill, rob, or plunder us against Law and Conscience. I read offfGrati…n Caus 23. qu. 1. les Fl…urs desvies des sanctes part. 2. p. 470. Saint Andrew, that when the people ran together in multitudes …o rescue him out of the hands of a wicked man, and defend him from the injury of death, he teaching them both by word and example, exhorted them, not to hinder his martyrdome; yet the people lawfully rescued innocent Ionathan, from that unjust death which his Father King Saul twice vowed hee should undergoe: gg1 Sam. 14. 15. 38. to 46.1 Sam 14:151 Sam 14:38–46Some mens patient suffering death and injuries without resistance, is no better an argument, that all therefore must so suffer without opposition, then that all men ought to yeeld their purses up to high-way theeves, or their persons, goods, ships, to Turkes and Pyrates, without fight or resistance, because some, yea many have shamefully done it for want of courage when they were able to resist, and so have deservedly lost their purses, shippes, goods, liberties, and become Turkish Gally-slaves, to the ruine of their estates, bodies, soules, which miseries by a manfull just defence, they might have easily prevented. All which considered; I see no ground in Scripture, nor reason, but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of Armes in a warlike manner, may be resisted with temporall weapons, as well as spirituall enemies with spirituall Armes.

Eighthly, That which all Nations in all ages by the very light of nature have constantly 8practised, as just and lawfull, must doubtlessehhRom. 2. 15. 15.Rom 2:15 be lawfull in point of conscience, if there be no Law of God to the contrary. But selfe-defence against invading Tyrants and their instruments hath by the very light of Nature beene constantly practised, by all Nations in all ages, as just and lawfull, which the premises, the Appendix, the Histories of all ages evidence; there being never any one Nation or Kingdome for ought I finde, that ever yet reputed it a thing unlawfull in point of Conscience; to resist the open malicious destructive tyranny, violence, hostility of their unnaturall Princes, or that desisted from any such resistance, giving themselves up willingly to their outragious lusts and butch…ries, without any opposition (though some private men and Martyres have sometimes done it, upon particular reasons, as to avoid the scandall of Religion; to beare witnesse to the truth, for the confirmation and conversion of others; or for want of power or oportunity to resist; or to avoyd a generall massacre of their fellow Christians, or because they were onelyonly a few private men; and their religion directly opposite to the Lawes and government under which they lived, or the like, not because they judged all resistance simply unlawfull, as iiDr. Fernes resolving of Consci…nce; An appeale to thy Conscience.blinde Doctors …alsely informe us, which I shall prove hereafter;) and there is no Law of God at all to prohibite such resistance: therefore doubtlesse it must be lawfull, even in point of conscience.

p. 729Ninthly, that which is directly opposite to what is absolutely illegall, and unjust in point of conscience, and the chiefe lawfull obstacle and remedy, to prevent or redresse it, must certainely be just, be lawfull in the court of Conscience, since that which is directly opposite to that which is …imply ill, and unjust, must necessarily be good and just. But necessary just defence by force of Armes, is directly opposite to that open Armed violence, and tyranny which is absolutely illegall and unjust in point of Conscience, and the chiefe lawfull remedy and obstacle to prevent or redresse it: as reason, experience and the premises evidence▪ Therefore it must necessarily be just and lawfull, even in the Court of Conscience.

10Tenthly, That resistance which doth neither oppose the Kings royal person, nor lawfull Authority; must certainely be lawfull in point of conscience: But the resistance of the Kings Forces not accompanied with his person, in the execution of his unjust commands; is neither a resistance of his Royall person, (for that is absent, and his Cavalliers I hope are no Kings, nor yet invested with the priviledges of Kings; nor yet of his lawfull Authority;) his illegall Commissions and Commands, being meere nullities in Law, transferring no particle of his just Authority to those who execute them. Therefore it must certainely be lawfull in point of conscience.

11Eleventhly, That resistance which is the onelyonly remedy to keepe not onelyonly Kings themselves, but every one of their Officers and Souldiers from being absolute Tyrants, Monarchs; and the deny all whereof, equalizeth every souldier, and particular Officer to Kings, yea God himselfe (whose prerogative only it is to have an**Rom▪ 9. 19. 20.Rom 9:19Rom 9:20 absolute unresistable wil;) must doubtlesse be lawful in the Court of Conscience. But this necessary defensive resistance now used by the Parliament and Subjects, is such: For if they may not resist any of the Kings Officers or Souldiers in their plunderings, rapines, fierings, sackings of Townes, beating, wounding, murthering the Kings leige people and the like; will not every common Souldier and Officer be an absolute Tyrant, equall in Monarchie to the great Turke himself, and …aramount the King, who hath no absolute irresistable Soveraignety in these particulars? Either therefore this resistance must be granted, not onelyonly as lawfull, but simply necessary, else every officer and common Souldier wi…l be more than an absolute King and Monarch, every subject worse than a Turkish slave, and exposed to as many uncontrolable Soveraignes, as there are Souldiers in the Kings Army, be their conditions never so vile, their qualitie never so mean, and the greatest Peeres on the Parliaments party, must be irresistably subject to these new absolute Soveraignes lusts and wills.

12Twelfthly, if all these will not yet satisfie Conscience in the Lawfulnesse, the justnesse of the Parliaments and peoples present forcible resistance of the Kings Captaines and Forces, though Armed withan illegall Commission (which makes nothing at all in the case, because voyd in Law) there is this one Argument yet remaining which will satisfie the most scrupulous, malignant, opposite Conscience: That necessary forcible resistance which is Authorised, and Commanded by the Supreamest lawfull power and highest Soveraigne Authority in the Realme, must infallibly be just and lawfull, even in point of Conscience, by the expresse Resolution of Rom. 13. and our opposites owne confession; who have kkSee Doctor Fern…; Appeale to thy Conscience; The Grand Rebellion; The Necessity of Christian Subjection, and others,no other Argument to prove the Offensive warre on the Kings part Lawfull, but because it is commanded; and the Parliaments and Subjects Defensive Armes Vnlawfull, but because prohibited by the King, whom they falsely affirme, to be the highest Soveraigne power in the Kingdome, above the Parliament p. 73and whole Realme collectively considered. But this resistance of the Kings Popish malignant, invading Forces; is Authorized and Commanded by the expresse Votes and Ordinances of both Houses of Parliament, which I have already undeniably manifested, to be the Supreames… Lawfull Power, and Soveraignest Authority in the Realme, Paramount the King himselfe, who is but the Parliaments and Kingdomes Publicke Royall Servant for their good: therefore this Resistance must infallibly be just and Lawfull, even in Point of Conscience.

Thus much for the Lawfulnesse in Court of Conscience of resisting the Kings unjustly assaulting Forces, armed with his Commission: I now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence.

That the Kings Army of Papists and Malignants, invading the Parliaments or Subjects persons, goods, Lawes, Liberties, Religion, may even in Conscience bee justly resisted with force, though accompanied with his person, seemes most apparently cleare to me, not only by the preceeding Reasons, but also by many expresse Authorities recorded, and approved in Scripture, not commonly taken notice of: as,

First, By the ancientest precedent of a defensive warre that we read of in the world, 1Gen. 14. 1. to 24. where the five Kings of S…dom, Gomorrah, Admah, Zeboiim, and Zoar, rebelling against Chedorlaomer King of Nations, after they had served him twelve yeeres, defended themselves by armes and battle against his assaults, and the Kings joyned with him: who discomfiting these five Kings, pillaging S…dom and Gomorrah, and taking Lot, and his goods along with them as a prey: hereupon Abraham himselfe, the Father of the faithfull, in defence of his Nephew Lot, to rescue him and his substance from the enemie, taking with him 318. trained men of his owne family, pursued Chedorlaomer, and the Kings with him, to Dan, assaulted them in the night, smote and pursued them unto Hoba, regained all the goods and prisoners, with his Nephew Lot, and restored both goods and persons freely to the King of Sodom, thereby justifying his and his peoples forcible defence, against their invading enemies, in the behalfe of his captivated plundred Nephew and Neighbors.

Secondly, by the Example of the Israelites, who were not onelyonly King Pharaoh his 2Subjects but Bondmen too, as is evident by Exod, ch. 1. to 12. Deut. 6. 21. c. 7. 8. c. 15. 15. c. 16. 12. c. 24. 18. 22. Ezra. 9. 9. Now Moses and Aaron being sent by God to deliver them from their Aegyptian bondage, after 430. yeares captivity, under colour of demanding but three dayes liberty to goe into the wildernesse to serve the Lord, and Pharaoh, (notwithstanding all Gods Miracles and Plagues,) refusing still to let them depart, till enforced to it by the slaughter of the Egyptians first borne; as soone as the Israelites were marching away, Pharaoh and the Aegyptians, repenting of their departure, pursued them with their Chariots and Horses, and a great army even to the red Sea, to reduce them; hereupon the Israelites being astonished and murmuring against Moses, giving themselves all for dead men; Moses sayd unto the people feare ye not, stand still, and see the Salvation of the Lord, which he will shew to you this day: for the Aegyptians whom you have seene to day, ye shall see them againe no more for ever, the Lord shall fight for you, &c. And hereupon God himselfe discomfited routed, and drowned them all in the red Sea: I would demaund in this case, whether the Isralites might not here lawfully (for their owne redemption from unjust bondage) have fought against and resisted their Lord, King Pharaoh, and his invading Host, accompanied p. 74with his presence, had they had power and hearts to doe it, as well as God himselfe, who fought against and destroyed them on their behalfe; If so, (as all men I thinke must grant, unlesse they will censure God himselfe) then a defensive warre in respect of life and liberty onelyonly, is just and Lawfull even in conscience, by this most memorable story.

3Thirdly, by that example recorded Iudges 3. 8. 9. 10. where God growing angry with the Israelites for their Apostacie and Idolatry, sold them (here was a divine title) into the hands of Cushan-Rishathaim King of Mesopotamia, and the children of Israel served him 8. yeares. Here was a lawfull title by conquest and 8. yeeres submission seconding it. But when the children of Israel cryed unto the Lord, the Lord raised up a deliverer to them even Othniel, the son…e of Kenaz: and the Spirit of the Lord came upon him, and he went out to warre, and the Lord delivered Cushan-rishathaim King of Mesopotamia into his hands, and his hand prevailed against him, so the land had rest 40. yeeres. Loe here a just defensive warre approved and raised up by God and his Spirit (in an ordinary manner only, as I take it, by encouraging the Instruments) wherein a conquering King, for Redemption of former liberties, is not onelyonly resisted but conquered, taken prisoner, and his former dominion abrogated, by those that served him, as conquered subjects.

4Fourthly, by the example of Ehud, and the Israelites, Iudges chap. 3. 11. to 31 where we finde, God himself strengthning Eglon King of Moab against the Israelites for their sinnes, who thereupon gathering an Army smote Israel, possessed their Cities, so as the Israelites served this King 18. yeeres. Here was a title by conquest, approved by God, submitted to by the Israelites: yet after all this, when the children of Israel cryed unto the Lord, he raised them up a deliverer, namely Ehud, who stabbing Eglon the King in the belly, under pretext of private conference with him, and escaping; he thereupon blew the trumpet, commanded the Israelites to follow him to the warre, slew ten thousand valiant men of Moab, which he subdued, and procured rest to his Country 40. yeeres. God, his Spirit, Word, approving this his action.

5Fifthly, by the example of Barack and Deborah, Iudges ch. 4. and 5. Where God selling the children of Israel for their sinnes into the band of Iabin King of Canaan, and his Captaine Sisera, for 20. yeeres space, during which he mightily oppressed them, hereupon Barack at the instigation of the Prophetesse Deborah, by the command of the Lord God of Israel, gathered an Army of ten thousand men; which Sisera, and the King of Canaan hearing of, assembled all their Chariots and Army together, at the River of …ishon, where the Lord discomfited Sisera and all his Host, with the edge of the sword before Barack his Army, and subdued Iabin the King of Canaan, before the children of Israel: which warre is by a speciall Song of Deborah and Barack highly extolled, and God in it, as most just and honorable: and this curse denounced against those that refused to assist in it, Iudges 4. 23. Curse ye Meroz (saith the Angel of the Lord) curse ye bitterly the inhabitants thereof, because they came not out to the helpe of the Lord, to the helpe of the Lord, against the mighty; with this Corollary; so let all thine enemies p…rish O Lord: but let them that love thee be as the sunne when it goet forth in his might. What more can conscience desire to justifie the lawfulnesse of a just defensive warre?

6Sixthly, by the Example of Gideon and the Israelites, Iudges c. 6. Who being delivered p. 75by God into the hands of the Prince of Midian for seven yeares, Gideon by speciall incouragement and direction from God himselfe, with a poore despicable Army of 300. men, defeated the great Hoast of the Midianites, and tooke and slew their Princes. By these 4 last pregnant presidents, it is most evident, that a forraigne King who hath gained a Title onelyonly by conquest (though with divine concurrence, by way of punishment for that peoples sinne) may lawfully be resisted, repulsed, even after some yeares forced subjection and submission to him, by the people conquered, to regaine their former liberties.

Seventhly, by the precedent of Abimelech King of Shechem, who being elected 7King by the voluntary assents of the people, God afterwards sending an evill spirit of division between Abimelech and the men of Shechem; thereupon they revolted from him, and chusing Gael for their Captaine, fortified the City against him; and when Abimelech came with an Army to take in the Towne, they in their defence, went forth and fought with him; resisted his seige; and they of the Tower of Shechem standing upon their guard refused to surrender it after the Towne was surprised, and so were burnt. After which comming too neare the wals, at the Tower of Thebez assaulted by Abimelech he had his braines and head so bruised with the peece of a milstone cast downe upon him by a woman, that he called hastily to his Armour-bearer, and said unto him, draw thy sword and slay me, that men say not of me; a woman slew him: whereupon he thrust him through, that he dyed: and so every man departed to his place. Thus God rendred the wickednesse of Abimelech, and all the evill of the men of Shechem upon their own heads, Iudges 9. So the Text.

Eighthly, by the example of Iepthah, who after that God had sold the Isra…lites for 8their Idolatry into the hands of the children of Ammon 18. yeeres space, Iepthah being made head and Captaine by the Elders and people of Gilead, first argued the case with the King of Ammon touching the unjustnesse of his warre upon them, desiring God to be Iudge betweene them; and then by Gods assistance, smote and subdued the Ammonites and their Cities, Iudg. c. 11. And so cast off their yoake.

Ninthly, By the practise of Sampson, who after God had delivered the Israelites 9into the hands of the Philistimes who ruled over them forty yeares space, did by Gods extraordinary assistance oft encounter, slay and resist the Philistimes, rescuing the oppressed Israelites from their vass…lage; and at his death slew more of them then in his life, Iudg. c. 13. to 17. which deliverance was afterwards perfected by Samuel, 1 Sam 7. and approved, nay, wrought by God.

Tenthly, by the Example of David, who being persecuted by …edifragous dissembling 10King Saul his father-in-law (a notable patterne of the inconstancie and invaliditie of Kings solemnest oathes and Protestations:) who contrary to many solemne vowes and feighned reconciliations, sought unjustly to deprive him of his life; thereupon David retired from the Court, entertained a guard of foure hundred men, and became a Captaine over them. 1 Sam. 22. 2. After which Abiather escaping to him from Nob when the Priests there were slaine by Doeg, upon Saules command, for Davids sake, David used these words to him. Abide thou with me, feare not, for …e that seeketh thy life seeketh my life, but with me thou shalt be in safeguard, 1 Sam. 22. 23. Soone after the Philistimes beseiging Keilah, David by Gods encouragement, smote them and saved Keilah; intending there to secure himselfe and his men: which Saul hearing of, said; God hath delivered him into my hands, for he is shut in by …ntring into a p. 76Towne which hath gates and barres, whereupon he called all the people together to beseige David and his men: (which he needed not doe, did he or any else beleeve, that they would not, ought not to have made any forcible resistance:) David informed hereof; enquired seriously of God, whether Saul would certainely come downe? and demanded twice of him… will the men of Keila… deliver me and my men up in…o his hand? And the Lord said, they will deliver thee up. Had not David and his men resolved to fortifie and defend themselves there, if the men of Ke…lah would have beene faithfull to them, and beleeved they might have resisted Saul with his Forces, certainely he would never have presumed to aske such a question twice together of God himselfe, to receive his resolution therein, neither would God have vouchsafed an answere thereto: but his double inquirie, and Gods resolution, infallibly demonstrate his intention to resist, and the lawfulnes of his defensive resistance, would the Keilites have adhered to him. This the very next words fully cleare, 1 Sam. 23. 13. Then David and his men, about six hundred a rose, and departed out of Keilah, an… went wheresoever they could goe, and it was told Saul, that David was escaped from K…ilah: Gods prediction of the Keilites treachery was the onelyonly cause of their departure thence, where they had resolved to defend themselves, of which hope being disappointed beyond expectation, they went whithersoever they could goe. After which David and his men being but few in number, not able in humane probability, without tempting God, to encounter Sauls great Forces, retired themselves into woods, mountaines, rockes, strong holds, wildernesses; where Saul pursuing them, they still declined him: but had he and his army ever assaulted them, no doubt they would and might lawfully have defended themselves, else why did they joyne themselves in a body? why retire to strong holds, and places of advantage? why**1 Sam. 23 13 to 29. c. 24. 1. to 20. &c. 26.1 Sam 23:13–29 twice urge David to kill Saul in cold blood, when he did not actually assault him, but came casually unawares within his danger? Why did David himselfe say, even when he spared his life when he was a sleepe, 1 Sam. 26. 10. As the Lord liveth, the Lord shall smite him, or his day shall come to dye, or he shall descend into battell and perish? but that if he had given him battle, he might have defended himselfe against him, though Saul should casually or wilfully perish in the fight? And why was David so importunate to goe up against him with King Achish to the battle wherein he perished, 1 Sam. 29. were resistance of him, in case he assaulted him, and his Forces, utterly unlawfull? This precedent of David then, if rightly weighed, is very punctuall, to prove the justnesse of a defensive warre, (of which mor… anon) and no evidence at all against it.

11Eleventhly, by the practise of the 10. Tribes: who after their revolt from Rehoboam for giving them an harsh indiscreet answere to their just demands, setting up another King and Kingdome, even by divine approbation; Rehoboam thereupon raising a great Army to fight against and reduce them to his obdience; God himselfe by Semaiah the Prophet, sent this expresse inhibition to Rehoboam and his Army: Thus saith the Lord, ye shall not go up, nor fight against your brethren returne every man to his house, FOR THIS IS DONE OF ME: Whereupon the obeyed the Word of the Lord and returned: 1 Kings 12. 2 Chron. c. 10. and 11. After which long warre continued betweene these Kingdomes by reason of this revolt, wherein the ten Tribes and Kings of Israel still defended themselves with open force, and that justly, as the Scripture intimates 2 Chron. 12. 14. 15. though that Ieroboam and the Israelites falling to Idola…y, were afterwards (for their Idolatry, not revolt) defeated by Abiah and the men of Iudah, who relied upon God, 2 Chron. 13.

p. 77Twelfthly, by the example of the King of Moab and his people, who Rebelling 12against Iehoram King of Israel, and refusing to pay the annuall Tribute of Lambes and Rammes, formerly rendred to him; hereupon Iehoram, Iehoshaphat, and the King of Edom, raising a great Army to invade them, the Moa…ites hearing of it, gathered all that were able to put on Armour, and upward, and stood in the border to resist them. 2 King. 3. 4. to 27. And by the practise of the Ed…mites, who revolting from under the hand of Iudah, made a King over themselves: Whereupon Ioram King of Iud…h going up with his Forces against them to Zair, they encompassed him, in their owne defence; and though they fled into their Tents, yet they revolted from Iudah till this day, and Libnah too, 2 Kings 8. 20 21. 22.

Thirteenthly, by the example of Samaria, which held out 3. yeeres siege against 13Shalmanezer King of Assyria, notwithstanding their King Hoshea had by force submitted himselfe and his Kingdome to him, and became his servant. 2 Kings 17. 3. to 10. c. 18. 9. 10.

Fourteenthly, by the practise of godly Hezechiah, who after the Lord was with him 14and prospered him whithersoever he went, REBELLED against the King of Assyria, and served him not (as some of his predecessors had done) 2 Kings 18. 7. whereupon the King of Assyria, and his Captaines comming up against him with great Forces, and invading his Country, he not only fortified his Cities, and encouraged his people manfully to withstand them to the uttermost, but actually resisted the Assyrians even by divine direction and encouragement; and upon his prayer, God himself by his Angel for his and Jerusalems preservation, miraculously sl…w in the Campe of the King of Assyria in one night, an hundred fourescore and five thousand mighty men of valour, Captaines and Leaders; so as he returned with shame of face to his owne Land, 2 King. c. 18. and 19. 2 Chron. c. 32. Isay c. 36. and 37. An Example doubtlesse lawfull beyond exception, ratified by God himselfe and his Angel too.

Fifteenthly, by the examples of King Iehoiakim, and Iehoiakin, who successively 15rebelling against the King of Babylon who subdued and put them to a tribute, did likewise successively defend themselves against his invasions, seiges though with ill successe, by reason of their grosse Idolatries and other sins, (not of this their revolt and defence to regaine their freedomes, condemned only in Ze…echia, for breach of his **2 Chron. 36. 13. Ezek. 17. 10. 18. 19.2 Chr 36:13Ezek 17:10Ezek 17:18Ezek 17:19oath;) wherby they provoked God to give them up to the will of their enemies, and to remove them out of his sight, 2 King. c. 24. & 25 2 Chr. 36. Ier. c. 37. & 38 & 39.

Finally, by the History of the Maccabees and wholestate of the Iews defensive wars under them, which though but Apochryphall in regard of the compiler, yet no doubt they had a divine Spirit concurring with them in respect of the managing and Actors in them. I shall give you the summe thereof, very succinctly. Antiochus Epiphanes conquering Ierusalem, spoyled it and the Temple, set up Heathenish customes and Idolatry in it, subverted Gods worship, destroyed the Bookes of Gods Law, forced the people to forsake God, to sacrifice to Idols, slew and persecuted all that opposed, and exercised all manner of Tyranny against them. Hereupon Mattathias a Priest and his Sonnes, moved with a godly zeale, refusing to obey the Kings Command in falling away from the Religion of his Fathers, slew a Iew that sacrificed to an Idoll in his presence, together with the Kings Commissary, who compelled men to Sacrifice, and pulled downe their Idolatrous Altar; which done they fled into the mountaines, whither all the will-affected Iewes repaired to them. Whereupon the p. 78Kings Forces hearing the premises pursued them, and warred against them on the Sabbath day; whereupon they out of an over-nice superstitionoo1 Mac. 2. 32. to 42.1 Macc 2:32–42 least they should prophane the Sabbath by fighting on it when assaulted, answered them not, neither cast a stone at them, nor stopped the places where they were hid, but said, let us dye all in our innocencie; heaven and earth shall testifie for us, that you put us to death wrongfully, whereupon they slew both them, their wives, and children, without resistance, to the number of a thousand persons. Which Mattathias and the rest of their friends hearing of, mourned for them right sore, and said one to another (marke their speech) if we all doe as our brethren have done, and fight not for our lives, and Lawes against the Heathen, they will now quickly roote us out of the earth; therefore they decreed, saying; whosoever shall come to make battle with us on the Sabbath day, we will fight against him, neither will we doe all as our brethren, that were murthered in their secret places. Whereupon they presently gathered and united their Forces, assaulted their enemies, recovered their Cities, Lawes, Liberties; defended themselves manfully, and fought many battles with good successe against the severall kings who invaded and layd claime to their Country, as you may reade at large in the bookes of Maccabees. All these examples, (most of them mannaged by the most pious, religious persons of those dayes, prescribed and assisted by God himselfe, whose Spirit specially encouraged, strengthned the hands and Spirits of the undertakers of them (asppEnchirid. Controvers. c. 9. De Magistrat Polit. O fiander well observes,) and therefore cannot be condemned as unjust, without blasphemy and impiety:) in my opinion are a most cleare demonstration of the lawfulnesse of a defensive warre (in point of Divinity and Conscience) against Kings and their Armies who wrongfully invade or assault their Subjects, though themselves be personally present in their armies, to countenance their unlawfull warres; and likewise evidence, that a Royall title gotten forcibly by conquest onelyonly, though continued sundry yeares, is not so valid in point of conscience, but that it may be safely questioned, yea rejected; there being no true lawfull Title of Soveraignety over any people, but that which originally depends upon their owne free election, and unconstrained subjection simply considered, or which is subsequently seconded therewith after a possession got by force or conquest.

Now that the kings personall presence cannot justifie the unjust actions, or protect the persons of those that assist him in any unlawfull action contrary to the Lawes of God, or the Realme, is a truth so evident, that it needes no proofe, it being no part of the kings Royall prerogative or Office, but diametrally repugnant to it, either to doe injury himselfe, or to authorize, or protect others in committing it, as I have elsewhere proved at large. Therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his Subjects, nor dis-able them to defend or repulse their unjust assaults and rapines. For suppose a King should so farre degenerate and dishonour himselfe, as personally to accompany a packe of theeves who should rob his subjects on the high way, break up their houses in the night, or practise Piracie on the Sea, or commit Rapes or murthers on his people every where; I thinke no man so voyd of Reason, Law, Conscience, but would readily grant, that the Subjects in all these cases might lawfully defend themselves by force against these Robbers, Theeves, Murtherers, notwithstanding the Kings presence or association with them, whose personall Prerogatives, and immunity from assaults or violence being incommunicable, underivable to any other, and peculiar to himself alone, he can p. 79transferre no such protection to others who accompany him in their injurious practises; and that these Acts of theirs are direct fellonie and murther, for which they might be justly apprehended, condemned, executed, though thus countenanced by the Kings owne presence. And if this be truth (as our Law-bookes resolve, and the Scripture to in places forecited) the kings presence can no more deprive the subjects of their necessary just defence against his Popish Forces assaults, nor justifie their proceedings, or the present unjust offensive warre, then in the former cases, there being the selfe-same reason in both; warres being in truth, but greater and more detestable Murders, and Robberies, when they are unjust, asqqEpist. l. 2. Ep. 2. Donat…. Cyprian, rrDe Ciu. Dei. l. 4. c. 4.Augustine, withssOfiander; Enchrid. Cont c. 9▪ De Polit. Magist. qu. 3. p. 203. Abber. Gentilis de Iure Belli. l. 1. c. 5. Hugo Grotius. de Iure Belli l. 2. c. 1. §. 2. others rightly define.

Thirdly, personall un…ust assaults and violence even of Kings themselves may in some cases lawfully be resisted by subjects; This Doctor Ferne himselfe acknowledgeth, Sect. 2. p. 9. Personall defence is lawfull against the sudden (much more then against the premeditated) and illegall assaults of such Messengers of the King; yea, OF THE PRINCE HIMSELFE THVS FARRE, to ward his blowes, to hold his hands and the like: not to endanger his person, not to returne blowes; no: for though it be naturall to defend … mans selfe, yet the whole common-wealth is concerned in his person: the king therefore himselfe, (much more in his Cavalliers) may thus farre at least safely be resisted in point of conscience. And that he may be so indeed is manifest by two pregnant Scripture examples, The first is that of King Saul, 1 Sam 14. 38. to 46. where Ionathan and his Armour-bearer, routing the Philistimes whole Army, violated his Father Sauls command, of which he was wholy ignorant in taking a little honey one the end of his sticke in the pursuite; hereupon king Saul, most rashly and unjustly vowed twice one after another, to put him to death: whereupon the people much discontented with this injustice, were so farre from submitting to the Kings pleasure in it, that they presently said to the king: shall Ionathan dye, who hath wrought so great Salvation in Israel? God forbid: As the Lord liveth there shall not one haire of his head fall to the ground, So the people RESCVED IONATHAN that he dyed not; though he were not onelyonly King Sauls Subject, but Sonne too. Indeede it appeares not in the Text, that Saul offered any violence to Ionathans person, or the people to Sauls: and it may be the peoples peremptory vow and unanimous resolution to defend Ionathan, from this unjust sentence of death against him, made Saul desist from his vowed bloody intendment: but the word rescued, with other circumstances in the story, seeme to intimate, that Ionathan was in hold to be put to death, and that the people forcibly rescued him, out of the executioners hands. However, certainely their vow and speeches declare, that if Saul himselfe or any other by his command had assaulted Ionathan to take away his life, they**Ioseph as Antiq. Iudae l. 4. c. 8, p. 104 would have forcibly resi…ted them and preserved his life, though with losse of their owne, beleeving they might lawfully doe it, else they would not have made this resolute vow; nor could they have performed it, had Saul wilfully proceeded, but by a forcible rescue and resistance of his personall violence. The other is that of king Vzziah, 2 Chron. 27. 1…. to 22. who presumptuously going into the Temple against Gods Law, to burne incense on the Altar, Azariah the high Priest, and with him fourescore Priests of the Lord, that were valiant men went in after him, and WITHS…OOD (or resisted) Vzziah the king; and said unto him; It appertaineth not unto thee Vzziah to burne incense unto the Lord, but to the Priests the sonnes of Aaron, that are consecrat…d to burne p. 80incense: goe out of the Sanctuary for thou hast trespassed, neither shall it be for thine honour from the Lord God. Then Vzziah was wroth, and had a censor in his hand to burne incense, and whiles he was wroth with the Priests, the Leprosie rose up in his forehead: And Azariah, and all the Priests looked upon him, and behold he was Leprous in his forehead: AND THEY THRVST HIM OVT FROM THENCE; yea himselfe hasted also to goe out, because the Lord had smitten him. If then these Priests thus actually resisted king Vzziah in this sinfull Act, thrusting him perforce out of the Temple, when he would but offer incense; much more might they, would they have done it, had he violently assaulted their persons. If any king shall unjustly assault the persons of any private Subjects, men or women, to violate their lives or chastities (over which they have no power) I make no doubt, that they may and ought to bee resisted, repulsed, even in point of conscience, but not slaine; though many kings have lost their lives, upon such occasions: asssPhilip. de Melanct. Chr. l. 4. D^r Beards Theatre of Gods Iudgements l. 2. c. 29. p. 400. Rodoaldus the 8. king of Lumbardy Anno 659. being taken in the very act of adultery by the adulteresses husband, was slaine by him without delay; and how kings attempting to murther private Subjects unjustly, have themselves beene sometimes wounded, and casually slaine, is so rise in stories, that I shall forbeare examples: concluding this with the words of ^t Iosephus, who expressely writes. That the king of the Israelites (by Gods expresse Law, Deut. 17.) was to doe nothing without the consent of the high Priest and Senate, nor to multiply money and horses over much, which might easily make him a contemner of the Lawes; and if he addicted himselfe to these things more than was fitting, HE WAS TO BE RESISTED, least he became more powerfull then was expedient for their affaires.

To these Authorities, I shall onelyonly subjoyne these 5. undeniable arguments to justifie Subjects necessary defensive wars, to be lawful in point of conscience against the persons and Forces of their injuriously invading Soveraignes.

1First, it is granted by all as a truth irrefragable, that kings by Force of Armes may justly with safe conscience, resist, repulse, suppresse the unlawfull warlike invasive assaults, the Rebellious armed Insurrections of their Subjects, upon these two grounds, because they areuuNumb. 16. Rom. 13. 1. to 6. 1 Pet. 2. 13. 14.Num 16Rom 13:1–61 Pet 2:131 Pet 2:14 unlawfull by the Edicts of God and man; and because kings in such cases, have no other meanes left to preserve their Royall persons, and just authoritie against offensive armed Rebellions, but offensive armes: Therefore Subjects by the selfe-same grounds, may justly with safe consciences resist, repulse, suppresse the unjust assayling military Forces of their kings in the case fore-stated, though the king himselfe be personally present and assistant, becausexxEsay 14. 19. to 23. Ezech. 44. 15. 16. 17. Zech. 11. 4. 5 1 King. 25. 2 King. 24. 4.Isa 14:19–23Ezek 44:15Ezek 44:16Ezek 44:17Zech 11:4Zech 11:52 Kgs 24:4 such a war is unlawfull by the resolution of God and men, and against the oath, the duty of kings: and because the subjects in such cases have no other meanes left to preserve their persons, lives, liberties, estates, religion, established government from certaine ruin, but defensive Armes, There is the selfe same reason in both cases, being relatives, therefore the selfesame Law and Conscience in both.

2Secondly, It must be admitted without debate; that this office of highest and greatest trust, hath a condition in Law annexed to it (by Littletons owne resolution) to wit, that the King shall well and truely preserve the Realme, IMPLIEDIMPLIED… Estates upon Credit. 1. Sect. 378. 379.and do that which to such Office belongeth; which condition our king by an expresse oath to all his people solemnely taken at their Coronation,… Part. 1. p. …1. to 74. with other Articles expressed in their oath (formerly recited) is really bound both in Law and Conscience exactly to per…orme, being admitted p. 81and elected king by the peoples suffrages upon solemne promise,aaPart. 1. p. 51 to observe the same condition to the uttermost of his power,bbDe Princip. l. 1. 2. 3. 6. asccPraefat. ad Rub. de collationibus, p. …83 584. I haveeeDe Iure Belli & Paci… l. 2. c. 11. 12, 13, 24. elsewhere cleared. Now it is a cleare case resolved byffGen. 9. 9. 16 c. 17. 7. 13. Ps. 89. 28. 34. Ps. 105. 10. Ps. 111. 9. Esay 55. 3. Esay 33. 20. 21. Iosh. 21. 45. c. 23. 14. Heb 6. 17. 18Gen 9:9Gen 9:16Ps 89:28Ps 89:34Ps 105:10Ps 111:9Isa 55:3Isa 33:20Isa 33:21Josh 21:45Heb 6:17Heb 6:18 Marius Salamonius, confirmed at large by Rebussus by 12. unanswerable reasons, the Authorities of sundry Civill Lawyers, and Canonists quoted by him; agreed byddDe Iure Belli. l. 2. c. 12, 13. l. 3 c. 14, 15, 16 Alberi…us Gentilis, and Hugo Grotius, who both largely dispute it; That Kings as well as Subjects are really bound to performe their Covenants, Contracts, Conditions, especially those they make to all their Subjects, and ratifie with an Oath; since God himselfe who is most absolute, is yet most ffGen. 9. 9. 16 c. 17. 7. 13. Ps. 89. 28. 34. Ps. 105. 10. Ps. 111. 9. Esay 55. 3. Esay 33. 20. 21. Iosh. 21. 45. c. 23. 14. Heb 6. 17. 18Gen 9:9Gen 9:16Ps 89:28Ps 89:34Ps 105:10Ps 111:9Isa 55:3Isa 33:20Isa 33:21Josh 21:45Heb 6:17Heb 6:18fi…mely oblieged by his O…thes and Covenants made to his despicable vile …reatures, sin…ull men; and never violates them in the lea… degree. If then these conditions and Oathes be firme and obligatory to our kings; if they will obstinately breake them, by violating their Subjects Lawes, Liberties, Properties, and making actuall warre upon them; the condition and Oath too would be meerely voyde, ridiculous, absur'd, an high t…king of the Name of God in vaine, yea a plaine delusion of the people, if the whole▪ State or people in their owne defence might not justly take up Armes, to resist their kings and their malignant Forces in these per…idious violations of trust, conditions, oaths; and force them to make good their oaths and covenants, when no other meanes will induce them to it. Even as the Subjects oath of homage and allegianceggGroti… De Iure Belli l. 2. c. 14, Sect. 3. would be meerely frivilous, if kings had no meanes nor coercive power to cause them to observe these oathes, when they are apparently broken: and many whole kingdomes had been much overseene in point of Policie, or prudence, in prescribing such conditions and oaths unto their kings, had they reserved no lawfull power at all which they might lawfully exercise in point of conscience, to see them really performed and duely redressed, when notoriously transgressed, through wilfulnesse, negligence, or ill pernicious advice.